reglab/housing_qa huggingface dataset:
NM Stat § 74-9-27 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-27 - Hearing provisions for nonadjudicatory actions.

A. The board shall adopt procedural regulations to govern the procedures to be followed in hearings on nonadjudicatory actions of the board. As a minimum, the procedural regulations shall provide: (1) for hearings to be public and scheduled at times that allow greater public participation; (2) requirements for prior notice of the hearing and the methods for giving that notice, which shall be designed to inform interested and affected persons of the nature of the action to be considered and the date, time and place of the hearing; (3) for maintenance of a list of persons that desire to have notice of the hearings and provisions for giving notice to those persons; (4) a reasonable opportunity for all persons desiring to be heard on the action under consideration to be heard without making the hearing process unreasonably lengthy or cumbersome or burdening the record with unnecessary repetition; (5) for the board to designate a hearing officer to conduct a hearing and make a report and recommendation to the board; (6) for the maintenance of a record of the hearing proceedings and assessment of the costs of any transcription of testimony that is required for review purposes; and (7) for the place of the hearing to be in Santa Fe, and at other places the board may prescribe, for hearings on actions of general statewide application and for hearings on actions of limited local application to be held at a place in the area affected. B. Actions taken by the board following a hearing on nonadjudicatory actions shall be: (1) written and shall state the reasons for the action; (2) made public when taken; (3) communicated to all persons that have made a written request for notification of the action taken; and (4) taken within not more than sixty days after the closing of the hearing or the date of submission of a report by a hearing officer. History: Laws 1990, ch. 99, § 27. ANNOTATIONSWritten basis for decision not required. — Even though statute does not explicitly state that the commission must provide a written factual and legal basis for its decision, administrative agencies must provide written factual and legal basis for their decisions in order to permit an effectual and meaningful review. Gila Res. Info. Project v. N.M. Water Control Comm'n, 2005-NMCA-139, 138 N.M. 625, 124 P.3d 1164, cert. denied, 2005-NMCERT-009, 138 N.M. 439, 120 P.3d 1182.
NM Stat § 74-9-28 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-28 - Prior hearing requirement for all adjudicatory actions.

A. The following adjudicatory actions by the division are subject to prior hearing in accordance with the requirements of Section 29 [74-9-29 NMSA 1978] of the Solid Waste Act, in addition to any specific hearing requirements and procedures under other provisions of that act: (1) issuance, refusal to issue or modify and revocation of permits for solid waste facilities; (2) administrative enforcement actions; and (3) actions on requests for variances and exemptions. B. In any adjudicatory hearing, the director has and may delegate to the hearing officer the power to issue subpoenas for the attendance and testimony of witnesses and the production of relevant documentary evidence. The subpoenas may be enforced by action brought in the district court for the county in which the hearing is held. History: Laws 1990, ch. 99, § 28.
NM Stat § 74-9-30 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-30 - Judicial review of administrative actions.

A. Any person adversely affected by an administrative action taken by the board or the director may appeal the action to the court of appeals. The appeal shall be on the record made at the hearing. To support his appeal, the appellant shall make arrangements with the division for a sufficient number of transcripts of the record of the hearing on which the appeal is based. The appellant shall pay for the preparation of the transcripts. B. On appeal, the court of appeals shall set aside the administrative action only if it is found to be: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. History: Laws 1990, ch. 99, § 30. ANNOTATIONSStatement of reasons required. — Section 74-9-29 B(1) NMSA 1978 and 20 NMAC 1.4.V.504(B) required the secretary (now director) of the environment department to state reasons for departing from hearing officer's recommendations as to groundwater conditions for landfill permit. Atlixco Coal. v. Maggiore, 1998-NMCA-134, 125 N.M. 786, 965 P.2d 370. Agency determination given deference. — Under Subsection B, the court of appeals shall set aside the administrative action only if it is found to be within one of the specified categories. This standard of review requires the court to give the agency's decision a degree of deference. Joab, Inc. v. Espinosa, 1993-NMCA-113, 116 N.M. 554, 865 P.2d 1198.
NM Stat § 74-9-31 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-31 - Prohibited acts.

A. Except as provided in Section 73 of the Solid Waste Act and Subsection B of this section, no person shall: (1) dispose of any solid waste in a place other than a solid waste facility: (a) having a permit issued under the Solid Waste Act; (b) having a permit for solid waste disposal issued under the Environmental Improvement Act [Chapter 74, Article 1 NMSA 1978]; or (c) otherwise authorized to accept solid waste for disposal or transformation under regulations adopted by the board under the Environmental Improvement Act; (2) dispose of any solid waste in a solid waste facility when a regulation of the board prohibits the disposal of that particular type of solid waste in that facility; (3) construct, operate or close a solid waste facility unless the facility has a permit from the division for the described action; (4) modify a solid waste facility unless the facility has applied for and received permission from the director for the modification pursuant to regulations adopted under Section 74-9-25 NMSA 1978; or (5) dispose of any solid waste in this state in a manner that harms the environment or endangers the public health or safety. B. The provisions of Subsection A of this section do not prohibit: (1) a person who is a homeowner, residential lessee or tenant or agricultural enterprise from disposing on the property he owns, rents or leases solid waste generated on that property; (2) a person occupying property from disposing of domestic solid waste generated on the property if the property is located in a place that makes it not feasible to dispose of the solid waste in a permitted solid waste facility and the disposal of the solid waste does not harm the environment or endanger the public health or safety and does not violate any provision of the Solid Waste Act or any regulation adopted under that act; or (3) a person in possession of property from disposing on that property construction and demolition debris or yard refuse generated on the property if the disposition of the solid waste does not violate any provision of the Solid Waste Act or any regulation adopted under that act. History: Laws 1990, ch. 99, § 31; 1995, ch. 132, § 1. ANNOTATIONSCompiler's notes. — Laws 1990, ch. 99 enacted Sections 1 to 42 and 72 and 73, which constitute the Solid Waste Act. Section 73 was a savings clause that was not compiled. The 1995 amendment, effective April 5, 1995, in Subsection A, substituted "Section 74-9-25 NMSA 1978" for "Section 25 of the Solid Waste Act" in Paragraph (4), and deleted "the person knows or should know" preceding "harms" in Paragraph (5).
NM Stat § 74-9-32 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-32 - Exemptions; requirements for granting.

Exemptions from the application of the provisions of the Solid Waste Act may be applied for and shall be issued by the board, either for a single applicant or a group of applicants having substantially identical grounds for the issuance of the exemption, if the board determines after a hearing that the applicant or group of applicants is subject to requirements or regulations under an applicable federal or state law that imposes as stringent or more stringent requirements for the applicant's or applicants' management of its solid waste than the provisions of the Solid Waste Act and regulations adopted under that act. Exemptions issued under this section shall be reviewed for renewal at time intervals determined by the board for each exemption, and the date for renewal shall be stated in the exemption. History: Laws 1990, ch. 99, § 32. ANNOTATIONS
NM Stat § 74-9-35.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-35.1 - Legislative findings.

The legislature finds: A. the federal environmental protection agency, effective April 9, 1994, will require owners and operators of solid waste facilities to meet certain specified financial assurance criteria; B. the only exceptions allowed will be "owners or operators who are state or federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States"; C. the federal environmental protection agency does not consider political subdivisions of a state to be "state or federal government entities"; D. the Solid Waste Act currently exempts political subdivisions of the state from the requirement to show financial responsibility; E. if New Mexico fails to require financial assurance from political subdivisions of the state, New Mexico may lose primacy over solid waste control, and political subdivisions of the state will in any event be required in 1994 to provide a showing of financial responsibility; and F. it is in the best interest of the state to retain primacy in the field of solid waste control. History: Laws 1993, ch. 246, § 1.
NM Stat § 74-9-35.2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-35.2 - Review of contracts and leases.

All leases and contracts for the operation of landfills, transfer stations, recycling facilities and composting facilities between local government entities and private parties shall be reviewed by the attorney general, who shall provide recommendations on legal issues to the department and the local public entity at least fifteen days prior to the approval of the contract or within thirty days after his receipt of the contract, whichever is later. History: Laws 1993, ch. 246, § 2.
NM Stat § 74-9-37 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-37 - Penalty; criminal.

A. Any person who knowingly violates any paragraph of Subsection A of Section 74-9-31 NMSA 1978: (1) if the violation involves a quantity of solid waste that is less than five thousand pounds, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or (2) if the violation involves a quantity of solid waste that is five thousand pounds or greater, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. B. Any person who knowingly violates any paragraph of Subsection A of Section 74-9-31 NMSA 1978 and the violation involves any quantity of infectious waste is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. C. Any person who is convicted of a second or subsequent violation of Section 74-9-31 NMSA 1978 pursuant to the provisions of Paragraph (2) of Subsection A or Subsection B or D of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. D. Any person who knowingly omits any material information or knowingly makes a false material statement or representation required pursuant to the provisions of Section 74-9-20 or 74-9-21 NMSA 1978 is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978. History: Laws 1990, ch. 99, § 37; 1995, ch. 132, § 2. ANNOTATIONSThe 1995 amendment, effective April 5, 1995, added Subsection A; redesignated former Subsection A as Subsection B; in Subsection B, inserted "knowingly", substituted "and the violation involves any quantity of infectious waste" for "if the cost of cleaning up the disposed solid waste is less than ten thousand dollars ($10,000)", and substituted "fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978" for "misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978"; added Subsection C; deleted former Subsection B providing the penalty for individuals violating the Solid Waste Act where the cost of clean up is ten thousand dollars ($10,000) or greater; redesignated former Subsection C as Subsection D; in Subsection D, substituted "knowingly omits any material" for "willfully fails to disclose or makes an intentional false disclosure of", inserted "or knowingly makes a false material statement or representation", and substituted "Section 74-9-20 or 74-9-21 NMSA 1978" for "Section 20 or 21 of the Solid Waste Act"; and made minor stylistic changes throughout the section.
NM Stat § 74-9-38 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-38 - Penalty; civil.

Any person who violates any provision of Section 31 [74-9-31 NMSA 1978] of the Solid Waste Act or any regulation adopted pursuant to that act may be assessed a civil penalty not to exceed five thousand dollars ($5,000) for each day during any portion of which a violation occurs. All civil penalties assessed and collected shall be deposited in the solid waste facility grant fund. History: Laws 1990, ch. 99, § 38.
NM Stat § 74-9-40 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-40 - Grants program; duties of division.

The division shall: A. establish a program to make grants to counties and municipalities, individually or jointly, for the establishment or modification of solid waste facilities or for contracting for solid waste services in accordance with the Solid Waste Act and regulations of the board pursuant to that act; and B. prepare an annual report to the governor and the legislature on the grants program; and C. award grants only to counties and municipalities that meet the criteria established by the division. History: Laws 1990, ch. 99, § 40.
NM Stat § 74-9-41 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-41 - Solid waste facility grant fund created; administration.

A. There is created in the state treasury a fund to be known as the "solid waste facility grant fund". The division shall administer the fund and make grants from the fund in accordance with the Solid Waste Act. Earnings on balances in the fund shall be credited to the fund. Money remaining in the fund at the end of any fiscal year shall not revert to the general fund but shall accrue to the credit of the solid waste facility grant fund. B. The division shall deposit in the solid waste facility grant fund all federal funds allocated to the state for the purpose of making grants to counties, municipalities and post-secondary educational institutions for solid waste facilities. C. State money appropriated to the division to carry out the provisions of this section may be used to match any eligible federal funds allocated to the state for the purpose of making grants to counties or municipalities to implement the provisions of the Solid Waste Act. History: Laws 1990, ch. 99, § 41. ANNOTATIONSCross references. — For public project revolving fund, see 6-21-6, 6-21-6.1 NMSA 1978. For transfers to municipalities of net receipts attributable to the municipal gross receipts tax, see 7-1-6.12 NMSA 1978. For distribution of the net receipts attributable to the solid waste assessment fee, see 7-1-6.30 NMSA 1978. For distributions to the public project revolving fund from governmental gross receipts tax, see 7-1-6.38 NMSA 1978.
NM Stat § 74-9-42 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-42 - No preemption of local authority.

Nothing in the Solid Waste Act limits or is intended to limit the authority of any county or municipality to adopt and enforce solid waste management requirements more stringent than those in the Solid Waste Act. Nothing in the Solid Waste Act modifies or limits, or is intended to modify or limit, the authority of any county or municipality to exercise planning and zoning authority. History: Laws 1990, ch. 99, § 42. ANNOTATIONSSeverability. — Laws 1990, ch. 99, § 72, provided for the severability of the Solid Waste Act if any part or application thereof is held invalid.
NM Stat § 74-9-43 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-43 - Authority to accept nondomestic oil, gas and geothermal wastes.

A. A solid waste facility may accept for disposal nondomestic waste. For the purposes of this section, "nondomestic waste" means waste associated with the exploration, development, production, transportation, storage, treatment or refinement of crude oil, natural gas, carbon dioxide gas or geothermal energy, but does not include drilling fluids, produced waters, petroleum liquids, petroleum sludges or, except in the event of an emergency declared by the director of the oil conservation division of the energy, minerals and natural resources department, petroleum-contaminated soils associated with the exploration, development, production, transportation, storage, treatment or refinement of crude oil or natural gas. B. The solid waste facility may accept nondomestic waste for disposal with the approval of the oil conservation division of the energy, minerals and natural resources department pursuant to its authority under the Oil and Gas Act [Chapter 70, Article 2 NMSA 1978] if the nondomestic waste otherwise meets the requirements of the Solid Waste Act applicable to the solid waste facility. Upon presentation for disposal, nondomestic waste shall be regulated in the same manner as solid waste for purposes of the Solid Waste Act. C. A solid waste facility operator proposing to accept for disposal nondomestic waste shall comply with rules adopted pursuant to the Solid Waste Act applicable to manifesting, testing and inspection of solid waste and any rules adopted pursuant to the Solid Waste Act applicable to record keeping for solid waste. History: Laws 2001, ch. 67, § 1. ANNOTATIONSEmergency clauses. — Laws 2001, ch. 67, § 2 contained an emergency clause and was approved March 16, 2001.
NM Stat § 74-10-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 10 - Solid Waste Authority|Section 74-10-1 - Short title.

This act [74-10-1 to 74-10-100 NMSA 1978] may be cited as the "Solid Waste Authority Act". History: Laws 1993, ch. 319, § 1.
NM Stat § 74-10-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 10 - Solid Waste Authority|Section 74-10-2 - Legislative declaration.

It is declared as a matter of legislative determination that: A. the organization of the authority hereby created having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in the Solid Waste Authority Act will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state; B. the acquisition, improvement, maintenance and operation of any solid waste management-related project authorized in that act is in the public interest and constitutes a part of the established and permanent policy of the state; C. the authority hereby organized shall be a body corporate and politic, a quasi-municipal corporation and a political subdivision of the state; D. the notice provided for in the Solid Waste Authority Act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings under that act which may directly and adversely affect his legally protected interests; E. for the accomplishment of these purposes, the provisions of that act shall be broadly construed; F. nothing in the Solid Waste Authority Act shall be construed to supersede or affect any provision of the Solid Waste Act [74-9-1 to 74-9-43 NMSA 1978] or any regulations adopted pursuant to that act; and G. any authority created by the Solid Waste Authority Act is specifically prohibited from exercising any regulatory or enforcement powers or any permitting or site approval as mandated by the Solid Waste Act. History: Laws 1993, ch. 319, § 2. ANNOTATIONSCross references. — For the Solid Waste Act, see 74-9-1 NMSA 1978 and notes thereto.
NM Stat § 74-10-3 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 10 - Solid Waste Authority|Section 74-10-3 - Decision of board or governing body final.

The action and decision of the board as to all matters passed upon by it in relation to any action, matter or thing provided in the Solid Waste Authority Act shall be final and conclusive unless arbitrary, capricious or fraudulent. History: Laws 1993, ch. 319, § 3.
NM Stat § 74-10-5 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 10 - Solid Waste Authority|Section 74-10-5 - Creation of a solid waste authority; board.

Any county or contiguous counties and any municipality or municipalities desiring to create a solid waste authority board for the purposes of petitioning to the county special district commission pursuant to the Special District Procedures Act [4-53-1 to 4-53-11 NMSA 1978] for the creation of a solid waste authority may, by joint resolution, agree to the creation of a solid waste authority board. Each county or contiguous counties or any municipality or municipalities having adopted such a resolution shall make appointments to said boards as follows: A. The county chairman, with the advice and consent of the county commissioners, shall appoint three members; B. The mayor or chief elected executive officer of each municipality shall appoint two members each; C. In the event that there are an even number of board members appointed, those board members having been appointed as provided above shall select one additional board member. After taking oath and filing bonds, the board shall choose one of its members as chairman of the board and president of the authority, and shall elect a secretary and a treasurer of the board and of the authority, who may or may not be members of the board. The secretary and treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts which shall be open to inspection by all owners of real property in the authority as well as to all other interested parties. History: Laws 1993, ch. 319, § 5.