N.M. Admin. Code § 20.4.5 § 20
FAILURE TO COMPLY
Operative Text
A. Failure to comply with the remediation standards required by this part may result in enforcement proceedings under Section 74-4-10 NMSA 1978, including but not limited to the following actions. (1) Issuing a compliance order requiring compliance immediately or within a specified time period or assessing a civil penalty up to $10,000 per day of noncompliance for each violation or both. (2) Commencing a civil action in district court for appropriate relief, including a temporary or permanent injunction. B. A person who fails to comply with the remediation standards required by this part is guilty of a petty misdemeanor under Section 74-1-10 NMSA 1978. [20.4.5.20 NMAC - N, 1/01/2008]
NMAC 20.4.5 establishes consequences for failing to meet the remediation standards it sets out. A person or entity that does not comply may face civil enforcement actions—including compliance orders and civil penalties reaching up to $10,000 per day for each violation—as well as civil litigation in district court seeking injunctive relief. Beyond civil remedies, noncompliance is also classified as a petty misdemeanor under New Mexico law, meaning it carries potential criminal liability.
Plain English — not legal advice.
Property owners and managers subject to NMAC 20.4.5 remediation standards generally maintain documented evidence that all required remediation work has been completed and meets the applicable standards. Operators who fall out of compliance risk escalating consequences, from administrative compliance orders to daily civil penalties of up to $10,000 per violation, and even criminal exposure at the petty misdemeanor level. Keeping thorough records of remediation activities and timelines is a practice commonly associated with demonstrating ongoing compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMAC 20.4.5 gives tenants context for understanding the serious consequences a landlord or property owner may face if required remediation standards are not met on a property. If a tenant believes remediation work has not been properly completed, they may consider contacting the relevant New Mexico environmental or housing authority to inquire about the enforcement process under this provision. Tenant-rights organizations can also help residents understand what remediation standards apply to their situation and what reporting or complaint options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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