reglab/housing_qa huggingface dataset:
NM Stat § 74-9-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-2 - Purposes.

The purposes of the Solid Waste Act are to: A. authorize and direct the establishment of a comprehensive solid waste management program; B. provide technical, financial and program development assistance to counties and municipalities for solid waste management; C. enhance the beauty and quality of the environment; conserve, recover and recycle resources; and protect the public health, safety and welfare; D. plan for and regulate, in the most economically feasible, cost-effective and environmentally safe manner, the reduction, storage, collection, transportation, separation, processing, recycling and disposal of solid waste; E. provide the opportunity and incentive for counties and municipalities to plan adequately and provide for cost-effective and environmentally safe solid waste management at the local level; F. require issuance of permits for the construction, operation and, if applicable, closure and postclosure maintenance of solid waste facilities; G. promote source reduction, recycling, reuse, treatment and transformation of solid waste as viable alternatives to disposal of those wastes by landfill disposal methods; and H. require the state and its agencies, instrumentalities and political subdivisions to develop procurement policies that aid and promote the development of recycling recyclable materials. History: Laws 1990, ch. 99, § 2. ANNOTATIONSDenial of landfill permit based on public opposition. — The Environmental Improvement Act and the Solid Waste Act do not require the secretary to deny a landfill permit based on public opposition. Colonias Dev. Council v. Rhino Envtl. Svcs., Inc., 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939.
NM Stat § 74-9-4 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-4 - Plan; requirement.

As a basis for developing a comprehensive solid waste management program, the director shall prepare and submit to the board for approval a solid waste management plan no later than December 31, 1992. The plan shall be comprehensive and integrated and shall include consideration of the following activities with the priorities indicated: A. first, source reduction and recycling; B. second, environmentally safe transformation; and C. third, environmentally safe landfill disposal. History: Laws 1990, ch. 99, § 4; 1991, ch. 194, § 1. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, substituted "December 31, 1992" for "December 31, 1991" at the end of the first sentence.
NM Stat § 74-9-5 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-5 - Plan; effect.

The plan approved by the board shall be effective thirty days after its approval and shall be filed under the provisions of Section 14-4-4 NMSA 1978. Consistency with the plan shall be required: A. of any regulation adopted by the board under the provisions of the Solid Waste Act; B. in any action taken by the director under authority contained in the Solid Waste Act; and C. as a condition of approval of any application by a county or municipality for a grant under the provisions of the Solid Waste Act. History: Laws 1990, ch. 99, § 5. ANNOTATIONS
NM Stat § 74-9-9 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-9 - Board review and modification of initial regulations after approval of plan.

After approval of the plan, the board shall review the initial solid waste regulations adopted under Section 8 [74-9-8 NMSA 1978] of the Solid Waste Act and make any modifications necessary to make the regulations consistent with the plan. History: Laws 1990, ch. 99, § 9.
NM Stat § 74-9-10 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-10 - Board adoption of regulations for source reduction and recycling programs.

After its approval of the plan, the board shall adopt regulations to establish source reduction and recycling programs consistent with the source reduction and recycling element of the plan and designed to meet the schedule for goal achievement provided in Subsection J of Section 6 [74-9-6 NMSA 1978] of the Solid Waste Act. History: Laws 1990, ch. 99, § 10.
NM Stat § 74-9-11 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-11 - Establishment of solid waste districts; requirements; changing boundaries.

A. After its approval of the plan, the board shall adopt regulations to establish solid waste districts. The districts shall include and be identical with any districts recommended under the provisions of Section 7 [74-9-7 NMSA 1978] of the Solid Waste Act. In establishing districts the board shall take into account all relevant factors, including: (1) the impact of solid waste disposal on land, water and other resources; (2) the financial impact on counties and municipalities of constructing and upgrading landfill disposal facilities; (3) the risks to the environment and to the public health, safety and welfare associated with solid waste; (4) the costs and risks of the transportation of solid waste; (5) existing county and municipal boundaries in the state and commercial, industrial, transportation and population centers both within the state and those that include areas within and outside of the state; and (6) consideration of existing landfill disposal agreements, service areas, facilities and collection systems. B. The board shall district the whole state, and solid waste district boundaries shall be contiguous within the state. Boundaries may cross state lines. The boundaries of a district shall not be altered without board approval. Any person may petition the board for realignment of district boundaries. The board shall act on any petition for realignment of district boundaries within six months of the submission of the petition. C. The boundaries of a solid waste district need not be county or municipal boundaries. Counties and municipalities may be divided by district boundaries with each part in a different district as long as the districts are contiguous. History: Laws 1990, ch. 99, § 11.
NM Stat § 74-9-12 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-12 - Comprehensive state solid waste management program.

A. A comprehensive state solid waste management program consistent with the plan shall be designed by the director by December 1, 1993 and shall be fully implemented by July 1, 1994. The program shall be reexamined at least once every three years by the director for management and operational compliance and efficiency and to validate compliance with the applicable requirements of the federal statutes and regulations. B. The program shall be designed to achieve the following objectives: (1) reduction, recycling, collection, transportation, storage, separation, transformation and disposal of solid waste throughout the state; (2) coordinated regional activity for solid waste management within a solid waste district; (3) positive proposals for local action to correct deficiencies in present solid waste management processes; (4) financial, planning and technical assistance to counties and municipalities, state agencies and other persons to achieve cost-effective reduction, recycling, transformation and disposal of solid waste and environmentally safe solid waste management practices; and (5) the education of the general public and the education and training of individuals involved in solid waste management to assure proper solid waste management. C. The program shall identify detailed actions that could be taken by designated persons or organizations to achieve the objectives stated in Subsection B of this section. History: Laws 1990, ch. 99, § 12; 1991, ch. 185, § 3; 1991, ch. 194, § 4. ANNOTATIONS1991 amendments. — Identical amendments to this section were enacted by Laws 1991, ch. 185, § 3 and Laws 1991, ch. 194, § 4, effective June 14, 1991, which substituted "December 1, 1993" for "December 1, 1992" and "July 1, 1994" for "July 1, 1993" in the first sentence in Subsection A. The section was set out as amended by Laws 1991, ch. 194, § 4. See 12-1-8 NMSA 1978. Terms of permits during transition. — Since the relevant 1989 regulation states: "The director shall not issue any permit for a period longer than 10 years, which may be renewed," 203.A, 1989 Regs, it is clear that nothing in the regulation mandates that permits should be granted for the maximum period of time; in fact, the regulation by its plain language authorizes permits for less than a 10-year period. Further, the secretary (now director), in her discretion, could choose to implement the comprehensive solid waste management plan by reviewing all solid waste landfills through the application process within a shorter period of time than 10 years. For these reasons, the five-year permit was proper. Joab, Inc. v. Espinosa, 1993-NMCA-113, 116 N.M. 554, 865 P.2d 1198.
NM Stat § 74-9-13 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-13 - Comprehensive state solid waste management report.

The director shall prepare by July 1, 1994, and annually thereafter, a report for the legislature on the status of solid waste management efforts in the state. The report shall include, at a minimum: A. the status of, implementation of and compliance with the Solid Waste Act; B. a comprehensive analysis, to be updated in each report, of solid waste generation and disposal in the state projected for a twenty-year period beginning on the effective date of the Solid Waste Act; C. the total amounts of solid waste generated, recycled and disposed of and the methods of solid waste reduction, recycling and disposal used during the calendar year prior to the year in which the report is published; D. an evaluation of the development and implementation of local solid waste management programs; E. an evaluation of the success in meeting the solid waste reduction goals established in Section 74-9-6 NMSA 1978; F. recommendations concerning existing and potential programs for source reduction and recycling that would be appropriate for the state, its agencies and political subdivisions to implement to meet the requirements of the Solid Waste Act; G. an evaluation of the markets for recycled materials and the success of state, local and private industry efforts to enhance the markets for those materials, including the results of any procurement requirements of the Solid Waste Act; H. the results of any recycling demonstration programs; and I. recommendations to the governor and the legislature to improve the comprehensive management of solid waste in this state. History: Laws 1990, ch. 99, § 13; 1991, ch. 194, § 5. ANNOTATIONSCompiler's notes. — The phrase, "effective date of the Solid Waste Act", means March 5, 1990, the effective date of Laws 1990, ch. 99. The 1991 amendment, effective June 14, 1991, substituted "July 1, 1994" for "July 1, 1993" in the first sentence and "Section 74-9-6 NMSA 1978" for "Section 6 of the Solid Waste Act" in Subsection E.
NM Stat § 74-9-15 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-15 - Specific program; state government source reduction and recycling.

A. The division shall cooperate with the general services department in its assessment of the status of recycling efforts undertaken directly by state government for its own solid waste and its evaluation of existing programs and its development of necessary recycling programs to reduce the generation of solid waste by state government. The programs shall include recycling of office papers, cardboard, used motor oil, yard waste and other materials produced by the state for which recycling markets exist or may be developed. B. Each state agency and the legislature shall prepare a source reduction and recycling plan addressing the requirements of Subsections C and D of this section. Each agency plan shall be submitted for approval to the general services department on or before December 31, 1991, consistent with the goals and guidelines of this section, the goals stated in Subsection J of Section 6 [74-9-6 NMSA 1978] of the Solid Waste Act and the state plan. Agency plans shall be updated biennially to increase the amount of solid waste recycled by taking advantage of any changed circumstances. Updated plans shall be submitted to the general services department for approval prior to adoption. C. By July 1, 1992, each state agency and the legislature shall establish and implement a source separation and collection program for recyclable materials produced as a result of agency operations, including, at a minimum, high grade paper, corrugated paper and glass. The source separation and collection program shall include, at a minimum, procedures for collecting and storing recyclable materials and contractual and other arrangements with buyers. Each agency shall appoint a recycling coordinator and shall conduct educational programs about the recycling program for its employees. D. By July 1, 1992, each state agency shall establish and implement a source reduction program for materials used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of agency operations. History: Laws 1990, ch. 99, § 15.
NM Stat § 74-9-16 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-16 - Specific program; post-secondary educational institutions source reduction and recycling.

A. Each post-secondary educational institution shall prepare a source reduction and recycling plan addressing the requirements of Subsections B and C of this section. Each institution's plan shall be submitted for approval to the secretary of general services on or before December 31, 1991, consistent with the goals and guidelines of this section, the goals stated in Subsection J of Section 6 [74-9-6 NMSA 1978] of the Solid Waste Act and the state plan. Institution plans shall be updated biennially to increase the amount of solid waste recycled by taking advantage of any changed circumstances. Updated plans shall be submitted to the secretary of general services for approval prior to adoption. B. By July 1, 1992, each institution shall establish and implement a source separation and collection program for recyclable materials, including at a minimum, high grade paper, corrugated paper and glass. The source separation and collection program shall include procedures for collecting and storing recyclable materials and contractual and other arrangements with buyers. Each institution shall appoint for each campus a recycling coordinator and shall conduct educational programs for students and employees about the recycling program. C. By July 1, 1992, each post-secondary educational institution shall establish and implement a source reduction program for solid waste used in the course of its operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of the institution's operations. D. By July 1, 1992, each post-secondary educational institution shall include in its source reduction and recycling program a composting component. History: Laws 1990, ch. 99, § 16.
NM Stat § 74-9-17 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-17 - Specific program; education to promote source reduction and recycling.

A. The division, in cooperation with the state department of public education, shall develop an educational program for the public in support of the state source reduction and recycling goals to promote source reduction and recycling efforts at the individual, local, regional and state levels. B. The division shall develop and disseminate educational material designed to establish broad public understanding of, and compliance with, the state's source reduction and recycling goals. History: Laws 1990, ch. 99, § 17.
NM Stat § 74-9-18 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-18 - Specific program; household hazardous waste management.

A. No later than July 1, 1990, the director shall designate a household hazardous waste coordinator within the division to advise and assist counties, municipalities and other governmental entities that have implemented programs for household hazardous waste management. B. The division shall provide technical assistance to counties, municipalities and other governmental entities that establish household hazardous waste management programs. C. The division shall develop and implement a public information program to provide uniform and consistent information on the proper disposal of household hazardous waste. The program may include information, consistent with product labeling, on the proper use and storage of household products that contain hazardous substances. D. The public information program shall be designed to provide uniform responses to public inquiries about household hazardous substances and household hazardous waste. E. The public information program shall include the development of informative materials that may be used by counties, municipalities and other governmental entities in conjunction with household hazardous waste collection. The informative materials shall be prepared with the intent of promoting consistency in how household hazardous wastes are defined, collected and disposed of in household hazardous waste management programs. History: Laws 1990, ch. 99, § 18.
NM Stat § 74-9-19 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-19 - Specific program; procurement of recycled supplies and materials.

A. The state purchasing agent and each central purchasing office, as defined in the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], shall establish specifications, policies and practices that assure whenever supplies and materials that are composed in whole or in part of recycled materials are available for purchase and are shown by the seller, supplier or manufacturer to be equal in quality and are offered at a price not more than five percent higher than that of the supplies and materials not composed in whole or in part of recycled materials, the state purchasing agent and each central purchasing office shall purchase those supplies and materials composed in whole or in part of recycled materials. B. In writing the specifications required under this section, the state purchasing agent and each central purchasing office shall incorporate requirements for the purchase of products made from recycled materials if their use is technically and economically feasible. The specifications shall include requirements for the purchase of the following materials: (1) paper and paper products; (2) plastic and plastic products; (3) glass and glass products; (4) motor oil and lubricants; (5) construction materials, including insulating materials and paving materials; (6) furnishings, including rugs, carpets and furniture; (7) highway equipment, including signs, signposts, reflectors, guardrails, lane dividers and barricades; and (8) compost. History: Laws 1990, ch. 99, § 19. ANNOTATIONS
NM Stat § 74-9-20 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-20 - Solid waste facility permit; application; information required.

A. Except as provided in Section 73 of the Solid Waste Act, no person shall construct, operate or close a solid waste facility without first obtaining a permit from the director for the described activity. B. An application for a permit shall be in a form and contain the information required by the director, including all information necessary for the director to make a decision on the application pursuant to Section 24 [74-9-24 NMSA 1978] of the Solid Waste Act. C. If at any time during the existence of a permit a change in the ownership or management of a nongovernmental permittee or of a person operating a permitted facility owned by a governmental entity occurs, the permittee or operator shall submit a complete description of the change to the director within thirty days of the date the change occurs. The permittee or operator shall also comply with all requirements of this section and Section 21 [74-9-21 NMSA 1978] of the Solid Waste Act. History: Laws 1990, ch. 99, § 20. 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. Application sufficient. — The application in this case contained the necessary information, since neither the Act nor the regulations mandate that specific information about the liner and leachate collection system be contained in the application. Joab, Inc. v. Espinosa, 1993-NMCA-113, 116 N.M. 554, 865 P.2d 1198.
NM Stat § 74-9-23 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-23 - Solid waste facility permit; when application deemed complete; notice of hearing.

A. An application for a solid waste facility permit under the provisions of Section 20 [74-9-20 NMSA 1978] of the Solid Waste Act shall be deemed complete when the director has received all information required under that section and Section 21 [74-9-21 NMSA 1978] of the Solid Waste Act. At any time during the application process that the director determines that additional information is required from an applicant or that information furnished is incomplete, he shall notify the applicant in writing within ten days of the date that determination is made. B. Within sixty days of the director's determination that a permit application is complete, the director shall set a date, time and location for a hearing on the application and give notice of the hearing date, time and location and a brief description of the application in the same manner as required in Section 22 [74-9-22 NMSA 1978] of the Solid Waste Act and to any person who makes a written request to the director for notice regarding a specific application. Except as otherwise provided in this section, hearings shall be conducted in accordance with the provisions of Section 29 [74-9-29 NMSA 1978] of the Solid Waste Act. History: Laws 1990, ch. 99, § 23. ANNOTATIONSPublic participation encouraged. — The secretary (now director) must use discretion in implementing the Solid Waste Act and its regulations in order to encourage public participation in the permitting process. Colonias Dev. Council v. Rhino Envtl. Svcs., Inc., 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939.
NM Stat § 74-9-25 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-25 - Application for modification of a permit; review by director and action pursuant to regulations.

The board shall adopt regulations setting forth procedures and requirements for the director's review and action on a permittee's application to modify a permit. History: Laws 1990, ch. 99, § 25.
NM Stat § 74-9-26 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 9 - Solid Waste Act|Section 74-9-26 - Nonadjudicatory actions under Solid Waste Act that are subject to prior hearing requirement.

The following nonadjudicatory actions or proposed actions by the board are subject to prior hearing in accordance with the provisions of Section 27 [74-9-27 NMSA 1978] of the Solid Waste Act: A. approval or modification of the plan; B. designation of solid waste districts and changes in boundaries of solid waste districts; C. adoption of any fees to be charged under the provisions of Section 39 [74-9-39 NMSA 1978] of the Solid Waste Act; and D. adoption of substantive and procedural regulations. History: Laws 1990, ch. 99, § 26.