reglab/housing_qa huggingface dataset:
NM Stat § 74-12-8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 12 - Night Sky Protection|Section 74-12-8 - Construction industries division; duties.

The construction industries division of the regulation and licensing department shall review the outdoor lighting provisions in the uniform building codes used in New Mexico and make recommendations for appropriate changes to comply with the provisions of the Night Sky Protection Act and shall permit and inspect, to the standards set forth in the Night Sky Protection Act, all construction of and on state-owned buildings that is subject to permit and inspection under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978]. History: Laws 1999, ch. 197, § 8; 2001, ch. 151, § 1. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, inserted the language beginning "and shall permit and inspect" at the end of the section.
NM Stat § 74-12-9 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 12 - Night Sky Protection|Section 74-12-9 - Costs of replacement; recovery.

If public utilities are required pursuant to the provisions of the Night Sky Protection Act or by local government ordinances to accelerate replacement of lighting fixtures, the cost of such replacement shall be included in rates approved by the public regulation commission. History: Laws 1999, ch. 197, § 9. ANNOTATIONSEffective dates. — Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 74-12-10 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 12 - Night Sky Protection|Section 74-12-10 - Violations; penalty.

Any person, firm or corporation violating the provisions of the Night Sky Protection Act shall be punished as follows: A. for a first offense, the offender may be issued a warning; and B. for a second offense or offense that continues for thirty days from the date of the warning, twenty-five dollars ($25.00) minus the replacement cost for each offending fixture. History: Laws 1999, ch. 197, § 10. ANNOTATIONSEffective dates. — Laws 1999, ch. 197 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 74-12-11 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 12 - Night Sky Protection|Section 74-12-11 - Enforcement.

In order to promote the purposes of the Night Sky Protection Act and to provide uniform minimum outdoor lighting standards throughout the state, the construction industries division of the regulation and licensing department shall enforce the Night Sky Protection Act as it pertains to public buildings subject to permit and inspection under the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978] and each political subdivision of the state shall fully enforce the provisions of the Night Sky Protection Act. History: Laws 2001, ch. 151, § 2; § 74-12-11 NMSA 1978, repealed and reenacted by Laws 2009, ch. 79, § 1. ANNOTATIONSRepeals and reenactments. — Laws 2009, ch. 79, § 1 repealed former 74-12-11 NMSA 1978, relating to enforcement, and enacted a new 74-12-11 NMSA 1978, effective June 19, 2009.
NM Stat § 74-13-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-1 - Short title.

Sections 1 through 20 [74-13-1 to 74-13-20 NMSA 1978] of this act may be cited as the "Recycling and Illegal Dumping Act". History: Laws 2005, ch. 171, § 1. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-2 - Legislative purposes.

The purposes of the Recycling and Illegal Dumping Act are to: A. protect the health and welfare of current and future residents of New Mexico by providing for the prevention and abatement of illegal dumpsites; B. promote environmentally sound methods for reuse and recycling; C. create a statewide recycling alliance involving the cooperation of cities, counties, state agencies, tribal governments, land grant communities and private business to encourage economic development, community development and collaboration that foster sustainable use of resources, increased recycling and a cleaner and healthier environment; and D. enhance and coordinate existing highway litter control and removal and recycling efforts that include the recycling of tires, glass, plastic, metal, paper products, electronic waste and construction and demolition materials. History: Laws 2005, ch. 171, § 2. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-4 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-4 - Prohibited acts.

A. A person shall not store or use in a civil engineering application, except for agricultural use, more than one hundred scrap tires anywhere in this state, unless the person has a valid permit or registration from the department. B. A person shall not operate or maintain a tire recycling facility unless the facility has a valid permit issued pursuant to the provisions of the Recycling and Illegal Dumping Act or is a facility where tires are stored and used for agricultural uses and complies with rules enacted pursuant to the Recycling and Illegal Dumping Act. C. A person shall not transport scrap tires for hire to a place other than a tire recycling facility unless the place is specifically excluded from the definition of a "tire recycling facility". D. A person shall not transport scrap tires for hire either for disposal or recycling purposes without being registered as a scrap tire hauler by the department pursuant to rules adopted in accordance with the Recycling and Illegal Dumping Act. E. A scrap tire generator shall not release scrap tires to a person other than a registered scrap tire hauler pursuant to the Recycling and Illegal Dumping Act or a registered commercial waste hauler pursuant to the Solid Waste Act [74-9-1 NMSA 1978]. F. A person shall not engage in the open burning of scrap tires. G. A person shall not store or dispose of scrap tires or tire-derived products in a manner that creates a public nuisance, promotes the breeding or harboring of disease vectors or creates a potential for fire or other health or environmental hazards. H. Except for agricultural uses, a person shall not store scrap tires or tire-derived products for a period exceeding twelve months unless specifically authorized by the secretary. I. A scrap tire hauler shall not transport scrap tires without possessing a New Mexico scrap tire manifest approved by the department. J. A person shall not engage in, maintain or allow illegal dumping. History: Laws 2005, ch. 171, § 4. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-6 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-6 - Administration of act.

The department is responsible for the administration and enforcement of the provisions of the Recycling and Illegal Dumping Act and of all rules adopted by the board pursuant to the provisions of that act. The department is delegated all authority necessary and appropriate to carry out its responsibilities. History: Laws 2005, ch. 171, § 6. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-7 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-7 - Recycling and illegal dumping alliance.

A. The "recycling and illegal dumping alliance" is created and is comprised of one member from each of the following: (1) state government; (2) local government; (3) a solid waste authority; (4) an industry waste generator; (5) a tribal government; (6) a nonprofit organization; (7) a recycling company; (8) a retailer; (9) an agricultural producer; (10) a soil and water conservation district; (11) a waste management company; and (12) the public at large. B. The secretary shall appoint members of the alliance to serve two-year terms as volunteers with no compensation from the state. C. The alliance shall: (1) develop strategies to increase recycling and decrease illegal dumping in New Mexico; (2) create a state recycling plan, as a component of the New Mexico solid waste management plan, to establish programs and goals and update the plan every three years to measure progress and modify strategies; and (3) review and make recommendations for funding grant applications from the recycling and illegal dumping fund. History: Laws 2005, ch. 171, § 7. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-8 - Rules; authority and content.

The board shall adopt rules to implement the provisions of the Recycling and Illegal Dumping Act. The rules shall be adopted pursuant to the provisions of the Environmental Improvement Act [Chapter 74, Article 1 NMSA 1978] and shall include: A. requirements and procedures for the issuance of permits and registrations to tire recycling facilities, civil engineering applications, scrap tire generators and scrap tire haulers; B. standards and requirements for tire recycling and scrap tire storage and processing; C. record-keeping requirements for tire recycling facilities, scrap tire haulers and scrap tire generators; D. financial assurance criteria for tire recycling facilities; E. fire rules for storage of scrap tires and tire-derived products that are consistent with the rules or recommendations adopted by the state fire marshal; F. criteria and procedures for making disbursements pursuant to grant and loan programs authorized from the recycling and illegal dumping fund; G. requirements and procedures for contracting with counties, municipalities, Indian nations, pueblos and tribes, land grant communities and cooperative associations for the abatement of illegal dumpsites and recycling; H. requirements and procedures for a scrap tire manifest system; I. a fee schedule applicable to scrap tire haulers and tire recycling facilities not exceeding the estimated cost of investigating and issuing permits and registrations and conducting regulatory oversight of permitted and registered activities; and J. a fee schedule applicable to scrap tire generators not exceeding the estimated cost of conducting regulatory oversight of scrap tire generators. History: Laws 2005, ch. 171, § 8. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-9 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-9 - Scrap tire manifest system.

A scrap tire generator who transports or offers for transportation, scrap tires for offsite handling, altering, storage, disposal or for any combination thereof shall complete a scrap tire manifest pursuant to rules adopted by the board. Upon demand, the manifest for every generator whose scrap tire load is transported shall be shown to an officer of the motor transportation division of the department of public safety, the New Mexico state police, a local law enforcement officer or the secretary or the secretary's designee. History: Laws 2005, ch. 171, § 9. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-10 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-10 - Solid waste permit exemption.

A person operating a tire recycling facility under a permit issued pursuant to the Recycling and Illegal Dumping Act shall not be required to obtain a permit for that facility pursuant to the Solid Waste Act [74-9-1 NMSA 1978]. History: Laws 2005, ch. 171, § 10. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-11 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-11 - Abatement of illegal dumpsite.

A. The department may bring an abatement action pursuant to the provisions of Section 30-8-8 NMSA 1978 to eliminate an illegal dumpsite. B. The secretary may act administratively to eliminate illegal dumpsites pursuant to the provisions of the Recycling and Illegal Dumping Act. C. Nothing in this section shall prohibit a municipality, county, Indian nation, pueblo or tribe, land grant community or cooperative association from contracting for services to complete an abatement action. History: Laws 2005, ch. 171, § 11. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-12 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-12 - Authorization for abatement contracts.

The secretary may contract with the governing body of a county, municipality, Indian nation, pueblo or tribe, land grant community or cooperative association for the abatement of illegal dumpsites located within the boundaries of the county, municipality, Indian nation, pueblo or tribe, land grant community, cooperative association or solid waste authority. The contract shall provide for the reimbursement of the county, municipality, Indian nation, pueblo or tribe, land grant community or cooperative association for expenses incurred in bringing an abatement action, including court costs, reasonable attorney fees and the actual expense of elimination of the illegal dumpsite if that expense is not recovered from and paid by the owner or operator of the illegal dumpsite as a result of the abatement action. History: Laws 2005, ch. 171, § 12. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-13 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-13 - Enforcement; compliance orders.

A. Whenever the secretary determines that a person has violated or is violating any requirement or prohibition of the Recycling and Illegal Dumping Act, a rule adopted pursuant to that act or a condition of a permit 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 any past or current violation or both; and (2) commence a civil action in district court for appropriate relief, including a temporary or permanent injunction. B. A compliance order issued pursuant to this section may include a suspension or revocation of a permit or portion of the permit issued by the secretary. A penalty assessed in the compliance order shall not exceed five thousand dollars ($5,000) per day of noncompliance for each violation. C. A compliance order issued pursuant to this section shall state with reasonable specificity the nature of the required corrective action or other response measure and shall specify a time for compliance. D. A compliance order issued pursuant to 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. Upon a request, the secretary promptly shall conduct 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 to the secretary, who shall make the final decision. E. The secretary may seek enforcement of the order by filing an action for enforcement in the district court. F. Upon request of a party, the secretary may issue subpoenas for the attendance and testimony of witnesses at the hearing and for the production of relevant documents. The secretary shall adopt procedural rules for the conduct of the hearing, including provisions for discovery. G. In determining the amount of a penalty authorized to be assessed pursuant to this section, the secretary shall take into account the seriousness of the violation, good-faith efforts of the violator to comply with applicable requirements of the Recycling and Illegal Dumping Act or rules issued pursuant to its provisions and other relevant factors. History: Laws 2005, ch. 171, § 13. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-14 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-14 - Enforcement; field citations.

A. The board shall implement a field citation program by adopting rules establishing appropriate minor violations for which field citations assessing civil penalties not to exceed one thousand dollars ($1,000) per day of violation may be issued by local government authorities or employees of the department as designated by the secretary. B. A field citation issued pursuant to this section shall be final unless the person named in the citation files a written request for a public hearing with the secretary no later than fifteen days after the date on which the field citation is served on the person, in which case the enforcement of the field citation shall be suspended pending the issuance of a final order of the secretary after a public hearing. The procedures for scheduling and conducting a hearing on and for final disposition of a field citation shall be the same as those provided for a compliance order pursuant to the Recycling and Illegal Dumping Act. C. Payment of a civil penalty required by a field citation issued pursuant to this section shall not be a defense to further enforcement by the department to correct a continuing violation or to assess the maximum statutory penalty pursuant to the provisions of the Recycling and Illegal Dumping Act if the violation continues. D. In determining the amount of a penalty to be assessed pursuant to this section, the secretary or the person issuing a field citation shall take into account the seriousness of the violation, good-faith efforts of the violator to comply with the applicable requirements of the Recycling and Illegal Dumping Act or rules issued pursuant to its provisions and other relevant factors. E. In connection with a 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 and may adopt rules for discovery. History: Laws 2005, ch. 171, § 14. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-15 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-15 - Judicial review of administrative actions.

A person adversely affected by an administrative action taken by the secretary pursuant to the provisions of the Recycling and Illegal Dumping Act may appeal the action pursuant to Section 39-3-1.1 NMSA 1978. History: Laws 2005, ch. 171, § 15. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 74-13-16 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 13 - Recycling and Illegal Dumping Act|Section 74-13-16 - Penalty; criminal.

A. A person who knowingly violates Section 4 [74-13-4 NMSA 1978] of the Recycling and Illegal Dumping Act: (1) is guilty of a misdemeanor if the violation involves a quantity of scrap tires or tire-derived products that is less than five thousand pounds and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or (2) is guilty of a fourth degree felony if the violation involves a quantity of scrap tires or tire-derived products that is five thousand pounds or greater and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. B. A person who knowingly omits any substantive information or knowingly makes a false substantive statement or representation required pursuant to the Recycling and Illegal Dumping Act or rule adopted pursuant to the provisions of that act 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 2005, ch. 171, § 16. ANNOTATIONSEffective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.