Failure to comply with the Water Quality Act, or any
regulation or standard promulgated pursuant to the Water Quality Act is a
prohibited act. If the secretary determines that a person has violated or is
violating a requirement of the Water Quality Act or any regulation promulgated
thereunder or is exceeding any water quality standard or ground water standard
contained in Commission regulations, or is not complying with a condition or
provision of an approved or modified abatement plan, discharge plan, or permit
issued pursuant to the Water Quality Act, the secretary may issue a compliance
order, assess a penalty, commence a civil action in district court, or accept
an assurance of discontinuance in accordance with NMSA 1978, Section
74-6-10 of the Water Quality
Act.
