Public Comment Form

Commenting open: November 03, 2026 11:10AM MT - February 01, 2027 11:59PM MT.

Ground Water Quality Bureau Discharge Permit Fee Adjustment

The New Mexico Environment Department (NMED) is convening an advisory committee to provide input on proposed changes to fees for groundwater discharge permits. NMED petitioned the Water Quality Control Commission (WQCC) on October 13th, 2026 to update fees for groundwater discharge permits to more accurately reflect the cost of protecting New Mexico’s groundwater resources.

 

“This update aligns permit fees with the actual cost of administering the groundwater discharge program,” said Environment Department Cabinet Secretary James Kenney. “It corrects a long-standing taxpayer subsidy and ensures the program is funded by the activity it regulates.”

 

Permits are required for facilities that discharge wastewater or other fluids that may affect groundwater quality. Overseeing and regulating these activities requires technical engineering reviews of complex permit applications, on-site inspections, rigorous groundwater monitoring, compliance evaluations, data management, and compliance assistance.

 

Current fees recover less than 10 percent of the program’s operating costs, with more than 90 percent funded by taxpayers. The proposed update better aligns permit fees with the cost of these existing program responsibilities.

 

“Updating the fee structure will help ensure timely permit review, consistent inspections, and reliable compliance oversight,” said Jonas Armstrong, director of the Water Protection Division. “These are the core functions permit holders rely on and the public expects and deserves.”

 

Under state law, these groundwater discharge permit fees are restricted to supporting the groundwater protection program and cannot be used for unrelated purposes. The proposal does not expand regulatory authority or create new program requirements.

 

The initial public advisory committee meeting of stakeholder representatives (Fees Advisory Committee [FAC]) is scheduled for December 9th, 2026 from 1:00 to 5:00 at the NMED District 1 field office in the Piñon Pine Room 201, 5401 Watson Dr SE, Albuquerque, NM 87106. The meeting will be held in-person with the option for remote participation by video conferencing. A second meeting is tentatively planned for the 3rd week in January 2027 at the Harold Runnels building in Santa Fe. These meetings will allow interested parties to review and discuss the proposed updates. Links for remote participation can be found through NMED’s Calendar. Logistical questions can be submitted to gwdpfees.general@env.nm.gov; specific comments on the proposed regulations can be submitted to NMED’s public comment portal at link. NMED anticipates completing the FAC in early 2027.


The Water Quality Control Commission has not yet scheduled the rulemaking hearing but the hearing is expected to be held in 2027. NMED will receive public comments during the FAC. Additional public comment opportunities will be available during and through the conclusion of the hearing before the Water Quality Control Commission.


Additional information and a copy of the petition is available on the Environment Department website at https://www.env.nm.gov/gwqb/gwqb-fee-increase/. 



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NMED does not discriminate on the basis of race, color, national origin, disability, age or sex in the administration of its programs or activities, as required by applicable laws and regulations. NMED is responsible for coordination of compliance efforts and receipt of inquiries concerning non-discrimination requirements implemented by 40 C.F.R. Parts 5 and 7, including Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and Section 13 of the Federal Water Pollution Control Act Amendments of 1972. If you have any questions about this notice or any of NMED’s non- discrimination programs, policies or procedures, you may contact: Kate Cardenas, Non-Discrimination Coordinator, New Mexico Environment Department, 1190 St. Francis Dr., Suite N4050, P.O. Box 5469, Santa Fe, NM 87502, (505) 827-2855, nd.coordinator@env.nm.gov . If you believe that you have been discriminated against with respect to a NMED program or activity, you may contact the Non-Discrimination Coordinator identified above or visit our website at https://www.env.nm.gov/general/environmental-justice-in-new-mexico/ to learn how and where to file a complaint of discrimination.


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