NMED News:

SANTA FE — The New Mexico Environment Department is highlighting the ongoing success of its Enforcement Watch initiative, a transparency-focused program that provides the public with consistent and timely information about the Department’s enforcement actions across environmental protection, public health, and worker safety programs.

By making enforcement data accessible, Enforcement Watch reinforces NMED’s commitment to New Mexico residents for accountability and regulatory compliance statewide.

Launched in May 2023, Enforcement Watch shares monthly updates on enforcement actions and their resolutions.

These updates are broadly divided into two categories:

• Active Matters: Alleged violations of state regulations, rules, permits, or licenses that are currently under investigation or pending resolution.  
• Resolved Matters: Cases that have been adjudicated in court or administratively resolved, including the full payment of any civil penalties.  

October Program Spotlight: Public Aquatic Venue Safety Program 

NMED’s Public Aquatic Venue Program, part of the Environmental Health Division, continues to expand its oversight of aquatic facilities statewide, conducting more than 1,200 annual and follow-up inspections so far in fiscal year 2025. 

The program currently oversees 1,028 public aquatic venues and has conducted approximately 1,219 inspections this fiscal year. The total number of inspections is significantly higher when accounting for construction, final permitting, and inspections of unpermitted venues. 

In FY25, the program permitted 10 new facilities, some with multiple venues ranging from splash pads and community pools to large competition-style pools. The state’s two aquatic specialists also reviewed more than 20 construction permit applications for new or substantially altered venues. Each review includes a timely evaluation of engineering and architectural plans to ensure compliance and safety. 

This year, the program issued 14 notices of violation to property owners and operators for constructing a public aquatic venue without obtaining a construction permit through NMED. Despite significant staff vacancies, the program continues to provide essential services to protect public health and safety. 

Training remains a top priority for the Public Aquatic Venue Program. Thirteen new staff members in the Environmental Health Bureau recently passed the Certified Pool Operator training course, which provides instruction on basic pool operations and safety. Aquatics Program specialists also traveled statewide to train staff on NMAC regulations, inspection procedures, and identifying imminent health hazards to help prevent accidental drownings and disease outbreaks. 

The program actively participates in the Centers for Disease Control and Prevention’s Council for the Model Aquatic Health Code, contributing to the development of national regulatory guidance for aquatic venues. 

“Our team is deeply committed to keeping New Mexico’s public pools and aquatic facilities safe,” said William Schaedla, Director of NMED’s Environmental Health Division. “Even with limited staff, we’re completing inspections, training personnel, and developing partnerships to better protect public health statewide.” 

NMED continues to lead investigations into recreational water illnesses, including Legionella and Cryptosporidium, and collaborates regularly with partner agencies on disease investigation, venue testing and abatement. The Public Aquatic Venue Program also provides technical assistance and guidance to other jurisdictions, including the New Mexico Department of Health, the City of Albuquerque and Bernalillo County. 

As aquatic venues become more complex—with features such as splash pads, interactive play structures, cold plunges and salt flotation tanks—the Aquatics Program is developing additional standard operating procedures to ensure staff remain informed on current requirements and best practices. 

Enforcement Watch Updates for October 2025 

In October, 175 new entries were added to the Active Matters listing and 45 were moved to the Resolved Matters listing.  

New additions to the report included: 

• 84 notices of violation issued by the Food Safety Program to retail food establishments that failed to timely pay their permit fee, resulting in a $25 late fee 
• 72 notices of violation issued by the Drinking Water Bureau 
• 9 notices of violation issued by the Occupational Health & Safety Bureau 
• 5 notices of violation issued by the Solid Waste Bureau 
• 3 notices of violation issued by the Air Quality Bureau 
• 1 notice of violation issued by the Hazardous Waste Bureau 
• 1 notice of violation in the Public Pools/Spas Bureau  

 The following enforcement cases were resolved in October: 

• 18 cases in the Hazardous Waste Bureau 
• 15 cases in the Food Safety Program 
• 7 cases in the Drinking Water Bureau 
• 2 cases in the Air Quality Bureau  
• 2 cases in the Solid Waste Bureau  
• 1 case in the Occupational Health & Safety Bureau 

Highlights of alleged violations and resolved enforcement actions in October include:  

• The Public Pools/Spas Bureau issued a Notice of Violation to Motel 6 of Gallup for operating an aquatic venue without obtaining a valid health permit.   
• The Food Safety Program issued a Notice of Violation to 84 establishments throughout the state for operating without a valid food establishment permit.  
• The Air Quality Bureau issued a Notice of Violation to Black Rock Services Inc. for failing to conduct required daily spraying operations, operating unpermitted equipment, and other violations at the Bonita Peak Crusher site near Los Lunas, in violation of New Mexico’s air quality regulations. 
• The Drinking Water Bureau issued a Notice of Violation to the Upper Holman MDWCA in Holman for failing to report disinfectant residual levels for over a year, as required by Safe Drinking Water Act regulations. 
• The Hazardous Waste Bureau issued a Notice of Violation to the City of Albuquerque for multiple violations of the New Mexico Hazardous Waste Act at the Ken Sanchez Transit Facility. Violations include failure to properly identify and label hazardous waste, improper storage practices, lack of required emergency response equipment, and other instances of regulatory noncompliance. 
• The Occupational Health and Safety Bureau have issued a citation to HF Sinclair in Artesia, New Mexico, for serious workplace safety violations. The citation stems from an incident in which equipment caused an employee to be struck in the eyes by glass and burned in an equipment explosion.

Enforcement Watch provides the public, the business community, environmental nongovernment organizations, and municipal governments with easy access to see which organizations NMED has alleged are in violation of regulations, permits, and/or licenses administered by the Department.

It is updated when violations are alleged or resolved. Retrospective enforcement matters are added as staffing resources allow. Organizations remain on Enforcement Watch until the alleged violations are corrected to the satisfaction of the Department.

The easiest way for an organization to avoid appearing on the Enforcement Watch is to stay off it in the first place by remaining in full compliance with applicable regulations. NMED encourages organizations that are unclear of their regulatory responsibilities to contact a consultant and conduct a third-party compliance audit and disclose potential violations.

NMED provides detailed compliance and enforcement metrics in the Compliance Measures section of the Quarterly Performance Report.

The full Enforcement Watch can be viewed at https://www.env.nm.gov/enforcement-watch.