reglab/housing_qa huggingface dataset:
NM Stat § 74-3-5.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-5.1 - Radiation protection fund created.

The "radiation protection fund" is created in the state treasury. Radiation license, registration and other related fees shall be deposited in the fund. All earnings from investment of the fund shall be credited to the fund. Money in the fund is appropriated to the department of environment to carry out provisions of the Radiation Protection Act. Disbursements from the fund shall be by warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or his designee. Any unexpended or unencumbered balance in the radiation protection fund at the end of any fiscal year shall not revert to the general fund. History: Laws 2000, ch. 86, § 6. ANNOTATIONSEffective dates. — Laws 2000, ch. 86 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on May 17, 2000, 90 days after adjournment of the legislature.
NM Stat § 74-3-6 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-6 - Continued care fund regulations; requirements; exemptions; modification.

A. In the adoption of regulations governing continued care fund requirements, the board shall consider the desirability of prorated payments by the licensee in relation to the expected life of the licensed operation. B. Licensees whose licensed activities consist only of uses of radioactive material which do not create a situation requiring continued care of radioactive materials after the expiration of the license, including but not limited to X-ray generating devices, laboratories, medical facilities, pharmacies, industrial radiography, well logging and gauges shall not be required to make deposits to the continued care fund. C. Until the nuclear regulatory commission adopts regulations governing continued care activities, continued care fund deposits required from a uranium mill license holder shall be ten cents ($.10) per pound of U3O8 in uranium concentrate (yellow cake) produced from such mill, unless the board determines that a lesser amount is appropriate and the requirement of a mill license holder to make deposits to the continued care fund will terminate for each mill after the cumulative continued care fund deposit for that mill reaches one million dollars ($1,000,000). D. After the nuclear regulatory commission adopts regulations governing continued care activities: (1) the board may alter the amount or character of a licensee's obligation by regulation if such regulations are no more stringent than the regulations of the nuclear regulatory commission governing continued care activities; (2) the board may adopt continued care requirements more stringent than those of the nuclear regulatory commission upon the finding that such regulations are necessitated by unique or special circumstances in New Mexico; and (3) deposits by a licensee to the continued care fund shall be considered in adopting regulations altering the amount or character of a licensee's continued care obligation. History: 1953 Comp., § 12-9-5.1, enacted by Laws 1977, ch. 343, § 6.
NM Stat § 74-3-7 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-7 - Continued care fund created; appropriation; approval; regulation.

A. The "radiation protection continued care fund" is created in the state treasury. Cash balances in the fund shall be invested by the state treasurer as other state funds under his jurisdiction are invested. B. Money in the continued care fund is appropriated to the agency for use in remedying and preventing situations which may be harmful to the health, safety, welfare or property of the people and which involve abandoned wastes or inoperative facilities which are or were operated by depositors to the continued care fund. C. Emergency expenditures up to the amount of one hundred thousand dollars ($100,000) for any single emergency incident may be made from the continued care fund by the director subject to approval of the chairman of the board. Expenditures involving more than one hundred thousand dollars ($100,000) shall be made only after prior approval of the state board of finance. D. Subject to the provisions of this section, the board shall adopt regulations governing the administration of the continued care fund. History: 1953 Comp., § 12-9-5.2, enacted by Laws 1977, ch. 343, § 7; 1989, ch. 324, § 35. ANNOTATIONSCross references. — For definitions of "agency," "director" and "board," see 74-3-4 NMSA 1978 and notes thereto.
NM Stat § 74-3-8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-8 - Registration of radiation equipment.

A. It is unlawful for any person to possess, use, store, dispose of, manufacture, repair, alter or inspect radiation equipment specified by regulation of the board unless he registers with the agency. B. The agency shall issue registration certificates in accordance with procedures prescribed by regulation of the board. Registration applications shall be made on forms provided by the agency. The registration statement shall be limited to information which the board determines to be necessary for the protection of the health of the people of the state. C. The requirement of registration shall not be interpreted to imply approval by the agency of the manner in which the activities requiring registration are carried out. History: Laws 1959, ch. 185, 5; 1953 Comp., § 12-9-5; reenacted as 1953 Comp., § 12-9-6 by Laws 1971, ch. 284, § 6; 1977, ch. 343, § 8. ANNOTATIONSRepeals and reenactments. — Laws 1971, ch. 284, § 6 repealed former 12-9-6, 1953 Comp., relating to exempt persons and activities, and enacted a new 74-3-8 NMSA 1978. Cross references. — For definitions of "board" and "agency", see 74-3-4 NMSA 1978 and notes thereto.
NM Stat § 74-3-10 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-10 - Exemptions.

A. Nothing contained in the Radiation Protection Act shall be construed as authorizing the agency or the board to limit the kind and amount of radiation that may be applied to a person for diagnostic or therapeutic purposes by or under the direction of a licensed physician. B. The Radiation Protection Act shall not apply to the transportation of any radioactive material in conformity with regulations of the department of transportation or other agency of the federal government having jurisdiction, or to any material or equipment owned by the United States and being used, stored or transported by or for the United States or any department, agency or instrumentality thereof, except to the extent required or permitted by the authority in control of such materials or equipment. C. The Radiation Protection Act shall not apply to the mining, extraction, processing, storage or transportation of radioactive ores or uranium concentrates that are regulated by the United States bureau of mines or any other federal or state agency having authority unless the authority is ceded by such agency to the board. History: Laws 1959, ch. 185, § 6; 1953 Comp., § 12-9-6; reenacted as 1953 Comp., § 12-9-8 by Laws 1971, ch. 284, § 8; 1977, ch. 343, § 10. ANNOTATIONSCross references. — For definitions of "agency" and "board," see 74-3-4 NMSA 1978 and notes thereto. For the United States bureau of mines, see 30 U.S.C. § 1.
NM Stat § 74-3-10.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-10.1 - Fee exemption.

All medical, dental and veterinary x-ray equipment is exempt from fees imposed pursuant to the Radiation Protection Act. History: Laws 2000, ch. 86, § 5. ANNOTATIONSEffective dates. — Laws 2000, ch. 86 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on May 17, 2000, 90 days after adjournment of the legislature.
NM Stat § 74-3-11 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-11 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 297, § 7 repealed 74-3-11 NMSA 1978, as enacted by Laws 1971, ch. 284, § 9, relating to civil penalty and injunction, effective July 1, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com. For similar present provision, see 74-3-11.1 NMSA 1978.
NM Stat § 74-3-11.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-11.1 - Enforcement; compliance orders; civil penalties.

A. When, on the basis of any information, the secretary determines that a person has violated or is violating a requirement or prohibition set forth in the Radiation Protection Act, a regulation promulgated pursuant to that act or a condition of a license or registration issued pursuant to that act, the secretary may: (1) issue a compliance order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time period, or assessing a civil penalty for a past or current violation, or both. The secretary may commence an action in the appropriate district court to enforce an order; or (2) commence a civil action in district court for appropriate relief, including injunctive relief. B. An order issued pursuant to Subsection A of this section may include a suspension or revocation of a license or registration, or portion thereof, issued by the secretary. A penalty assessed in the order shall not exceed fifteen thousand dollars ($15,000) per day for each violation in the order. If a person named in an order fails to comply with the order, the secretary may assess a civil penalty in an amount not to exceed fifteen thousand dollars ($15,000) per day for each violation of the order. C. In determining the amount of a penalty to be assessed pursuant to this section, the secretary shall take into account the seriousness of the violation, any good-faith efforts to comply with the applicable requirements and any other relevant factors. D. An order issued pursuant to the provisions of Subsection A of this section shall become final unless, no later than thirty days after the order is served, the person named in the order submits a written request to the secretary for a public hearing. The secretary shall appoint an independent hearing officer to preside over the public hearing. The hearing officer shall make and preserve a complete record of the proceedings and forward a recommendation based on the proceedings to the secretary. The secretary shall make a final decision. E. In connection with any proceeding pursuant to this section, the secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents. The secretary may also adopt rules for discovery procedures. F. Penalties collected pursuant to an administrative order issued pursuant to this section shall be deposited in the state general fund. History: Laws 2003, ch. 297, § 4. ANNOTATIONSEffective dates. — Laws 2003, ch. 297, § 8 made the act effective July 1, 2003. Am. Jur. 2d, A.L.R. and C.J.S. references. — Pollution control: preliminary mandatory injunction to prevent, correct or reduce effects of polluting practices, 49 A.L.R.3d 1239. Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency, 60 A.L.R.3d 665. Tort liability for nonmedical radiological harm, 73 A.L.R.4th 582.
NM Stat § 74-3-11.2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-11.2 - Administrative actions; appeals.

A. A person who is adversely affected by a final administrative action of the secretary may appeal to the court of appeals for further relief within thirty days after the action. All appeals shall be on the administrative record developed by the secretary. B. Upon appeal, the court of appeals shall set aside the 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. C. A stay of enforcement of the action being appealed may be granted after hearing and upon good cause shown: (1) by the secretary; or (2) by the court of appeals if the secretary denies a stay or fails to act upon an application for a stay within sixty days after receipt. History: Laws 2003, ch. 297, § 5. ANNOTATIONSEffective dates. — Laws 2003, ch. 297, § 8 made the act effective July 1, 2003. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 80 et seq.
NM Stat § 74-3-12 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-12 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 297, § 7 repealed 74-3-12 NMSA 1978, as enacted by Laws 1977, ch. 343, § 12, relating to criminal penalty, effective July 1, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com. For similar present provision, see 74-3-12.1 NMSA 1978.
NM Stat § 74-3-12.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-12.1 - Criminal penalties.

A. A person who knowingly commits a violation of the Radiation Protection Act or a regulation promulgated pursuant to that act is guilty of a misdemeanor and upon conviction shall be sentenced to a term of imprisonment not to exceed three hundred sixty-four days or the payment of a fine not to exceed ten thousand dollars ($10,000), or both. B. A person who knowingly makes a false statement, representation or certification in an application, record, report, plan or other document filed or required to be maintained pursuant to the Radiation Protection Act or any regulation promulgated pursuant to that act is guilty of a petty misdemeanor and upon conviction shall be sentenced to a term of imprisonment not to exceed six months or the payment of a fine not to exceed ten thousand dollars ($10,000), or both. History: Laws 2003, ch. 297, § 6. ANNOTATIONSEffective dates. — Laws 2003, ch. 297, § 8 made the act effective July 1, 2003.
NM Stat § 74-3-13 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-13 - Emergencies.

In the event of an emergency, the director may order the impounding of sources of radiation in the possession of any person who is not equipped to comply with or fails to comply with the provisions of the Radiation Protection Act or any rule or regulation promulgated thereunder. History: 1953 Comp., § 12-9-9.2, enacted by Laws 1977, ch. 343, § 13. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control §§ 2012, 2050.
NM Stat § 74-3-13.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-13.1 - Emergency powers of the secretary.

A. Notwithstanding any other provision of the Radiation Protection Act, if the secretary determines that a person is violating a condition of a license or registration issued by the agency, or administered by the agency pursuant to an agreement with the nuclear regulatory commission, or any regulation promulgated pursuant to the Radiation Protection Act, and determines that the violation may present an imminent and substantial endangerment to human health or safety, the secretary may bring suit to immediately restrain the person from the violation or take such other action as may be necessary or both. The secretary may also take other action, including issuing orders as may be necessary to protect human health and safety. The order shall be effective immediately; however, the person named in the order may request an administrative hearing before the secretary within ten days after the order is served. If a timely request for a hearing is made, the secretary shall hold the hearing within thirty days. The secretary may commence an action in the appropriate district court to enforce an order. B. A person who willfully violates an order of the secretary pursuant to Subsection A of this section may be fined not more than fifteen thousand dollars ($15,000) per day for each violation of the order. History: Laws 2003, ch. 297, § 3. ANNOTATIONSEffective dates. — Laws 2003, ch. 297, § 8 made the act effective July 1, 2003.
NM Stat § 74-3-14 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-14 - Fluoroscopic or X-ray machines for shoe fitting; hand-held fluoroscopes; operation or maintenance prohibited.

A. No shoe-fitting device or shoe-fitting machine which uses fluoroscopic, X-ray or radiation principles shall be operated or maintained within the state. B. No hand-held fluoroscope shall be operated or maintained within the state. History: 1953 Comp., § 12-9-10, enacted by Laws 1971, ch. 284, § 10; 1977, ch. 343, § 14.
NM Stat § 74-3-15 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-15 - Agreement status authorized.

The board and the agency, through the governor, may enter into an agreement with the nuclear regulatory commission, as provided in the Atomic Energy Act of 1954, as amended, providing for discontinuance of the regulatory authority of the nuclear regulatory commission and acceptance of that authority by the board and agency. For the duration of such an agreement, the board shall have authority to regulate the radioactive materials covered by the agreement for the protection of the public health and safety and the environment from radiation hazards. History: 1953 Comp., § 12-9-11, enacted by Laws 1971, ch. 284, § 11; 1977, ch. 343, § 15. ANNOTATIONSCross references. — For definitions of "board," "agency" and "nuclear regulatory commission," see 74-3-4 NMSA 1978 and notes thereto. For the Atomic Energy Act of 1954, see 42 U.S.C. § 2011 et seq.
NM Stat § 74-3-16 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-16 - Discrimination.

No person or employer shall discharge or in any manner discriminate against any exployee [employee] except for good cause shown because the employee has filed a complaint or instituted or caused to be instituted a proceeding under or related to the Radiation Protection Act or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of himself or others of any right afforded by that act or any rule, regulation or order adopted thereunder. History: 1953 Comp., § 12-9-12, enacted by Laws 1977, ch. 343, § 16. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 74-4-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-2 - Purpose.

The purpose of the Hazardous Waste Act is to help ensure the maintenance of the quality of the state's environment; to confer optimum health, safety, comfort and economic and social well-being on its inhabitants; and to protect the proper utilization of its lands. History: 1953 Comp., § 12-9B-2, enacted by Laws 1977, ch. 313, § 2.
NM Stat § 74-4-3.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-3.1 - Application of act.

Nothing in the Hazardous Waste Act shall be construed to apply to any activity or substance which is subject to the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1251 et seq.), the Safe Drinking Water Act, as amended, (42 U.S.C. 300f et seq.) or the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2011 et seq.) except to the extent that such application or regulation is not inconsistent with the requirements of such acts; nor shall the Hazardous Waste Act apply to the treatment, storage or disposal of wastes under a permit issued pursuant to the Surface Mining Act [Chapter 69, Article 25A NMSA 1978] or the federal Surface Mining Control and Reclamation Act of 1977, as amended, or to any farmer disposing of waste pesticides from his own use, provided he triple rinses each emptied pesticide container and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instructions on the pesticide label. History: 1978 Comp., § 74-4-3.1, enacted by Laws 1981 (1st S.S.), ch. 8, § 3. ANNOTATIONSCompiler's notes. — The Federal Water Pollution Control Act, referred to near the beginning of this section, has been superseded by the Water Pollution Control Act, which appears as 33 U.S.C. § 1251 et seq. Cross references. — For the federal Surface Mining Control and Reclamation Act of 1977, see 30 U.S.C. § 1201 et seq.
NM Stat § 74-4-3.2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-3.2 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 4, § 1 repealed 74-4-3.2 NMSA 1978, as enacted by Laws 1987, ch. 179, § 2, relating to application of Hazardous Waste Act to the waste isolation pilot plant, effective February 23, 1989.
NM Stat § 74-4-3.3 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-3.3 - Hazardous wastes of other states.

In addition to the meaning of hazardous waste as defined in Section 74-4-3 NMSA 1978, the term "hazardous waste" as used in the Hazardous Waste Act may include any material imported into the state of New Mexico for the purpose of disposal which is defined or classified as hazardous waste in the state of origin. History: 1978 Comp., § 74-4-3.3, enacted by Laws 1989, ch. 255, § 1.
NM Stat § 74-4-4.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-4.1 - Hazardous agricultural waste; duties and responsibilities of the department of agriculture.

A. The department of agriculture shall be responsible for the enforcement of all board regulations adopted pursuant to the Hazardous Waste Act regarding generators of hazardous agricultural waste. The division shall enforce those board regulations pertaining to transporters, treaters, storers and disposers of hazardous agricultural waste. B. In the exercise of the responsibility prescribed in Subsection A of this section, the department of agriculture shall have the same authority as that delegated to the division, including the director. C. In the adoption of regulations pertaining to hazardous agricultural waste, the board shall make a reasonable effort to consult with the department of agriculture prior to the adoption of the regulations. The department of agriculture shall serve as the technical consultant to the board on matters concerning hazardous agricultural waste. History: 1978 Comp., § 74-4-4.1, enacted by Laws 1981 (1st S.S.), ch. 8, § 5; 1989, ch. 322, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Common-law strict liability in tort of prior landowner or lessee to subsequent owner for contamination of land with hazardous waste resulting from prior owner's or lessee's abnormally dangerous or ultrahazardous activity, 13 A.L.R.5th 600. Recovery of punitive damages for injuries resulting from transport, handling, and storage of toxic or hazardous substances, 39 A.L.R.5th 763. State or local regulation of transportation of hazardous materials as pre-empted by Hazardous Materials Transportation Act (49 U.S.C.S. § 1801 et seq.), 78 A.L.R. Fed. 289.