N.M. Stat. § 74-6C-4
Commission; duties.
The commission shall:
A. adopt, promulgate and publish rules to implement and administer the program,
including the standards, requirements and processes to issue, renew, modify, deny and
terminate permits, including rules that are necessary and appropriate to obtain and
sustain authorization from the regional administrator. In adopting the rules, the
commission may incorporate by reference, including prospectively, those sections or
parts of federal regulations that the commission deems necessary and appropriate;
B. adopt, promulgate and publish rules for notification procedures that ensure that
the public and affected Indian nations, tribes and pueblos, governmental agencies and
downstream states receive notice of each draft permit;
C. adopt a schedule of fees to support the cost of implementing the program,
including the preparation and adoption of rules, the review of applications, issuance and
enforcement of permits and rules, compliance assistance, monitoring and inspection of
facilities and discharges, data stewardship, records management, administrative and
legal costs and other costs the commission deems appropriate. Unless otherwise
required by law, money collected pursuant to this section shall be deposited in the water
quality management fund; and
D. hear and decide petitions for review of department actions to require, issue,
renew, modify, deny or terminate a permit or issue a compliance order.