1. A. A manufacturer that violates a provision of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act shall be assessed a civil penalty not to exceed fifteen thousand dollars ($15,000), and for each day during which any portion of a violation occurs, the department may assess the manufacturer administrative costs the department incurs for enforcement of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act.
2. B. A manufacturer that fails to comply with an administrative order issued pursuant to the Per- and Poly- Fluoroalkyl Substances Protection Act or a rule adopted pursuant to that act may be assessed, pursuant to a court order, a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance.
3. C. Penalties and administrative costs imposed pursuant to this section are independent of any damages, remediation or cleanup costs, environmental restoration costs or other monetary or nonmonetary remedies that may be imposed by statute, rule or court decision.
4. D. In an action to enforce the provisions of the Per- and Poly-Fluoroalkyl Substances Protection Act or a rule or order adopted pursuant to that act, the department shall be represented by the attorney general or the department.
5. E. Penalties collected pursuant to this section shall be deposited in the recycling and illegal dumping fund.

History: Laws 2025, ch. 102, § 7.

ANNOTATIONS

Effective dates. — Laws 2025, ch. 102 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2025, 90 days after adjournment of the legislature.