reglab/housing_qa huggingface dataset:
NM Stat § 74-2-11 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-11 - Confidential information.

A. Any records, reports or information obtained under the Air Quality Control Act by the department, the environmental improvement board, the local board or the local agency shall be available to the public, except that upon a satisfactory showing to the secretary, the director, the environmental improvement board, the local board or the local agency, as applicable, by any person that records, reports or information, or particular parts thereof, except emission data, to which the department, the local agency, the environmental improvement board or the local board has access under the Air Quality Control Act, if made public, would divulge confidential business records or methods or processes entitled to protection as trade secrets of that person, the secretary, the director, the environmental improvement board or the local board, as applicable, shall consider such record, report or information, or particular portion thereof, confidential in accordance with the provisions of Section 14-2-1 NMSA 1978 and 18 U.S.C. Section 1905, except that such record, report or other information may be disclosed: (1) to other officers, employees or authorized representatives of the department, the local agency, the environmental improvement board or the local board concerned with carrying out the Air Quality Control Act; (2) to officers, employees or authorized representatives of the United States environmental protection agency concerned with carrying out the federal act; or (3) when relevant, in any proceeding under the Air Quality Control Act or the federal act. B. The environmental improvement board or the local board shall adopt regulations to implement this section, including regulations specifying those business records entitled to treatment as confidential records. History: 1978 Comp., § 74-2-11, enacted by Laws 1992, ch. 20, § 12. ANNOTATIONSCross references. — For definitions of "board" and "department", see 74-2-2 NMSA 1978. Repeals and reenactments. — Laws 1992, ch. 20, § 12 repealed former 74-2-11 NMSA 1978, as enacted by Laws 1967, ch. 277, § 10, and enacted a new section, effective March 5, 1992. Board may publish nonconfidential contaminant data. — The environmental improvement board, subject to the confidentiality provision contained in this section, may make air contaminant emission data and other information available to the public. 1972 Op. Att'y Gen. No. 72-17. Operator of contaminant source must demonstrate confidentiality. — The owner or operator of an air contaminant source has the burden to establish whether records or information furnished to or obtained by the environmental improvement board or any other air quality control board are entitled to confidentiality. 1972 Op. Att'y Gen. No. 72-42. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law §§ 29 et seq.; 127.
NM Stat § 74-2-11.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-11.1 - Limitations on regulations.

The Air Quality Control Act does not: A. authorize the environmental improvement board or the local board to make any regulation with respect to any condition or quality of the outdoor atmosphere if the condition or air quality level and its effect are confined entirely within the boundaries of the industrial or manufacturing property within which the air contaminants are or may be emitted and public access is restricted within such boundaries; B. grant to the environmental improvement board or the local board any jurisdiction or authority affecting the relation between employers and employees with respect to or arising out of any condition of air quality; or C. supersede or limit the applicability of any law relating to industrial health, safety or sanitation. History: 1978 Comp., § 74-2-11.1, enacted by Laws 1979, ch. 393, § 7; 1992, ch. 20, § 13. ANNOTATIONSThe 1992 amendment, effective March 5, 1992, substituted "environmental improvement board or the local board" for "board" near the beginning of Subsections A and B, and deleted "except that a source which uses a supplemental or intermittent control system for purposes of complying with a primary nonferrous smelter order may not temporarily reduce the pay of any employee by reason of the use of such supplemental or intermittent control system or other dispersion dependent control system" at the end of Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of state and local air pollution administrative rules, 74 A.L.R.4th 566.
NM Stat § 74-2-12.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-12.1 - Civil penalty; representation of department or local authority; limitation of actions.

A. A person who violates a provision of the Air Quality Control Act or a regulation, permit condition or emergency order adopted or issued pursuant to that act may be assessed a civil penalty not to exceed fifteen thousand dollars ($15,000) for each day during any portion of which a violation occurs. B. A person who fails to comply with an administrative order issued pursuant to Section 74-2-12 NMSA 1978 may be assessed, pursuant to a court order, a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance with the order. C. In an action to enforce the provisions of the Air Quality Control Act or an ordinance, regulation, permit condition or order, adopted, imposed or issued pursuant to that act: (1) the department shall be represented by the attorney general; (2) a local authority that is a municipality shall be represented by the attorney of the municipality; and (3) a local authority that is a county shall be represented by the district attorney within whose judicial district the county lies. D. No action for civil penalty shall be commenced more than five years from the date the violation was known by the department or the local agency. History: 1978 Comp., § 74-2-12.1, enacted by Laws 1992, ch. 20, § 15; 2001, ch. 133, § 4; 2006, ch. 61, § 2. ANNOTATIONSThe 2006 amendment, effective May 17, 2006, added a new Subsection B to provide a penalty for failure to comply with an administrative order. The 2001 amendment, effective June 15, 2001, inserted Subsection C. Disposal penalty authorized. — An award that represented three times the costs that the department of environment incurred in contracting for removal of a pile of asbestos-containing debris, including a six percent gross receipts tax, was consistent with the penalties authorized by law. Espinosa v. Roswell Tower, Inc., 1996-NMCA-006, 121 N.M. 306, 910 P.2d 940.
NM Stat § 74-2-13 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-13 - Inspection.

The secretary or the director or an authorized representative of either, upon presentation of his credentials: A. shall have a right of entry to, upon or through any premises on which an emission source is located or on which any records required to be maintained by regulations of the environmental improvement board, the local board or by any permit condition are located; and B. may at reasonable times: (1) have access to and copy any records required to be established and maintained by regulations of the environmental improvement board or the local board or any permit condition; (2) inspect any monitoring equipment and method required by regulations of the environmental improvement board, the local board or by any permit condition; and (3) sample any emissions that are required to be sampled pursuant to regulation of the environmental improvement board, the local board or any permit condition. History: 1953 Comp., § 12-14-11.1, enacted by Laws 1972, ch. 51, § 8; 1992, ch. 20, § 16. ANNOTATIONSCross references. — For definitions of "department" and "board," see 74-2-2 NMSA 1978. The 1992 amendment, effective March 5, 1992, rewrote the introductory paragraph, which formerly read: "Any employee of the department or board, upon presentation of proper department or board credentials:"; in Subsection A, deleted "at reasonable times" following "have" and substituted all of the present language of the subsection following "regulations" for "of the board"; and rewrote Subsection B, which formerly read: "may at reasonable times have access to and copy any records required to be established and maintained by regulations of the board". Consent to search. — In knowingly and voluntarily agreeing to the terms and conditions of an air quality permit specifically granting the environmental division a right of entry to the permittee's facility at all reasonable times to verify the terms and conditions of the permit, the permittee waived its rights under the Fourth Amendment to warrantless searches that comply with the requirements of the permit and Section 74-2-13 NMSA 1978. Copar Pumice Co., Inc. v. Morris, 632 F. Supp. 2d 1055 (D.N.M.). Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 C.J.S. Public Administrative Law and Procedure § 22; 73A C.J.S. Public Administrative Law and Procedure §§ 126, 127.
NM Stat § 74-2-15 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-15 - State air quality permit fund.

A. There is created in the state treasury the "state air quality permit fund" to be administered by the department. All fees collected by the department pursuant to Section 74-2-7 NMSA 1978 shall be deposited in the state air quality permit fund. B. Money in the state air quality permit fund is appropriated to the department for the purpose of paying the reasonable costs of: (1) reviewing and acting upon any application for a permit; (2) if the owner or operator receives a permit, implementing and enforcing the terms and conditions of such permit not including any court costs or other costs associated with any enforcement action; (3) emissions and ambient monitoring; (4) preparing generally applicable regulations or guidance; (5) modeling, analysis and demonstrations; and (6) preparing inventories and tracking emissions. History: 1978 Comp., § 74-2-15, enacted by Laws 1992, ch. 20, § 18. ANNOTATIONSRepeals and reenactments. — Laws 1992, ch. 20, § 18 repealed former 74-2-15 NMSA 1978, as enacted by Laws 1970, ch. 58, § 10, relating to additional means of enforcement, and enacted a new section, effective March 5, 1992.
NM Stat § 74-2-15.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-15.1 - Repealed.

ANNOTATIONSRepeals. — Laws 1992, ch. 20, § 21 repealed 74-2-15.1 NMSA 1978, as enacted by Laws 1979, ch. 393, § 10, relating to primary nonferrous smelter orders, effective March 5, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com.
NM Stat § 74-2-16 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-16 - Municipal or county air quality permit fund.

A. A local authority shall create within the municipal or county treasury a fund to be known as the "_____________________________ (name of municipality or county) air quality permit fund". All fees collected by a municipality or county pursuant to Section 74-2-7 NMSA 1978 shall be deposited in the fund created pursuant to this section. B. Money in the fund created pursuant to this section shall be used by the municipality or county only for the purpose of paying the reasonable costs of: (1) appealing, reviewing and acting upon any application for a permit; (2) if the owner or operator receives a permit, implementing and enforcing the terms and conditions of such permit, not including any court costs or other costs associated with any enforcement action; (3) emissions and ambient monitoring; (4) preparing generally applicable regulations or guidance; (5) modeling, analysis and demonstrations; and (6) preparing inventories and tracking emissions. History: 1978 Comp., § 74-2-16, enacted by Laws 1992, ch. 20, § 19. ANNOTATIONSRepeals and reenactments. — Laws 1992, ch. 20, § 19 repealed former 74-2-16 NMSA 1978, as enacted by Laws 1970, ch. 58, § 11, relating to declaratory judgement on regulations, effective March 5, 1992.
NM Stat § 74-2-17 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-17 - Continuing effect of existing laws, rules and regulations.

A. The Air Quality Control Act is supplementary to other legislation and does not repeal any laws but takes precedence over any law that conflicts with the provisions of that act. B. All county and municipal ordinances and all state, county and municipal regulations relating to air quality and air pollution are continued in effect until revised or repealed by the governmental body or administrative agency having jurisdiction; provided that copies of each ordinance and regulation: (1) were filed under the State Rules Act [Chapter 14, Article 4 NMSA 1978] on or before May 3, 1967; or (2) if adopted after May 3, 1967: (a) were adopted by a governmental body or administrative agency having jurisdiction to do so under the Air Quality Control Act as in effect at the time of such adoption; and (b) if required by the Air Quality Control Act as in effect at the time of such adoption, have been filed under the State Rules Act. History: 1953 Comp., § 12-14-13, enacted by Laws 1967, ch. 277, § 13; 1970, ch. 58, § 12; 1992, ch. 20, § 20. ANNOTATIONSThe 1992 amendment, effective March 5, 1992, substituted "existing" for "present" in the section catchline; designated the formerly undesignated first sentence as Subsection A, while therein substituting all of the present language following "repeal any laws" for "except those in direct conflict therewith"; rewrote and restructured the formerly undesignated second sentence as the introductory paragraph of Subsections B and B(1); and added Subsection B(2).
NM Stat § 74-2-18 to 74-2-22 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2 - Air Pollution|Section 74-2-18 to 74-2-22 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 373, § 7, repealed 74-2-18 to 74-2-22 NMSA 1978, relating to interstate cooperation concerning air pollution, effective April 10, 1981.
NM Stat § 74-2A-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 2A - Wood Burning Stoves and Fireplaces|Section 74-2A-1 - Wood burning stoves and fireplaces; findings; county and municipal wood burning laws; exemption for indigents.

A. The legislature finds that many persons have acquired wood burning stoves to heat their homes. The legislature further finds that wood burning stoves have been encouraged as a means of reducing our country's dependence on foreign oil and are therefore in the public interest. The legislature further finds that many of the poorer citizens of our state have acquired wood burning stoves or residences with fireplaces as a means of providing cost efficient heating for their families. B. The legislature further finds that counties and municipalities have adopted and may continue to adopt wood burning laws to prevent or reduce serious pollution problems associated with wood burning. The legislature further finds that while these laws are in the public interest, it is also in the public interest to protect the poor in our society who have wood burning stoves or fireplaces to provide cost efficient heating for their families. C. Any county or municipality which adopts a wood burning law to prohibit burning from occurring at certain times or in certain locations shall provide an exemption procedure for indigent families who need wood burning as an essential form of cost-efficient heating for their families. The exemption procedure shall include a standard for determining when a family is considered indigent for purposes of the exemption. History: Laws 1989, ch. 150, § 1.
NM Stat § 74-3-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-1 - Short title.

Chapter 74, Article 3 NMSA 1978 may be cited as the "Radiation Protection Act". History: 1953 Comp., § 12-9-1, enacted by Laws 1971, ch. 284, § 1; 1977, ch. 343, § 1; 2003, ch. 297, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1971, ch. 284, § 1, repealed former 12-9-1, 1953 Comp., a definitions section for radiation control, and enacted a new 74-3-1 NMSA 1978. Cross references. — For the Environmental Improvement Act, see Chapter 74, Article 1 NMSA 1978. For promulgation of standards of radiation control, see 74-1-7 and 74-1-8 NMSA 1978. The 2003 amendment, effective July 1, 2003, substituted "Chapter 74, Article 3 NMSA 1978" for "Sections 74-3-1 through 74-3-16 NMSA 1978". Law reviews. — For note, "Preemption - Atomic Energy," see 24 Nat. Resources J. 761 (1984). Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability for injury by X-ray, 41 A.L.R.2d 329. Tort liability for nonmedical radiological harm, 73 A.L.R.4th 582.
NM Stat § 74-3-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-2 - Radiation technical advisory council; creation and organization.

A. There is established a "radiation technical advisory council" consisting of seven members. The members shall be appointed by the governor, after consultation with the director of the agency for five-year staggered terms. The governor shall fill any vacancy occurring on the council. The replacement appointee shall serve the remainder of the original member's unexpired term. B. The members of the radiation technical advisory council shall be individuals with scientific training in one or more of the following fields: diagnostic radiology, radiation therapy, nuclear medicine, radiation or health physics or related sciences with specialization in radiation. C. Notwithstanding the provisions of Subsections A and B of this section, the radiation technical advisory council includes four additional members who shall sit as full council members on matters to which the Medical Radiation Health and Safety Act [Medical Imaging and Radiation Therapy Health and Safety Act, Chapter 61, Article 14E NMSA 1978] applies, including but not limited to regulations necessary to effectuate the provisions of that act. The additional members shall be four radiologic technologists appointed by the governor whose initial appointments shall be made in such manner that two members shall be appointed for terms of three years and two members who shall be appointed for terms of five years. Thereafter, the additional members shall be appointed by the governor for staggered terms of five years each. The radiologic technologist members of the council shall be appointed from lists submitted to the governor by any generally recognized organization of radiologic technologists in this state. Vacancies shall be filled by appointment by the governor for the unexpired term within sixty days of the vacancy. History: 1953 Comp., § 12-9-2, enacted by Laws 1959, ch. 185, § 2; 1971, ch. 284, § 2; 1977, ch. 343, § 2; 1983, ch. 317, § 15. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2009, ch. 106, § 1 changed the title of Chapter 61, Article 14E from "Medical Radiation Health and Safety Act" to "Medical Imaging and Radiation Therapy Health and Safety Act". Cross references. — For definitions of "director" and "agency," see 74-3-4 NMSA 1978 and notes thereto. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 4.
NM Stat § 74-3-3 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-3 - Council duties; per diem.

It is the duty of the council to advise the agency and the board on technical matters relating to radiation. Members of the council shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], and shall receive no other compensation, perquisite or allowance. Money expended for these purposes shall be paid from agency funds. History: 1953 Comp., § 12-9-3, enacted by Laws 1959, ch. 185, § 3; 1963, ch. 43, § 1; 1971, ch. 284, § 3; 1977, ch. 343, § 3. ANNOTATIONSCross references. — For definitions of "council," "agency" and "board," see 74-3-4 NMSA 1978 and notes thereto. Advisory duties required in adoption of radiation regulations. — The environmental improvement board cannot act lawfully alone in adopting radiation regulations. The board must obtain "the advice and consent" of the radiation technical advisory council before it can adopt regulations. Kerr-McGee Nuclear Corp. v. N.M. Envtl. Improvement Bd., 1981-NMCA-044, 97 N.M. 88, 637 P.2d 38, cert. quashed, 97 N.M. 242, 637 P.2d 1087.
NM Stat § 74-3-4 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 3 - Radiation Control|Section 74-3-4 - Definitions.

As used in the Radiation Protection Act: A. "board" means the environmental improvement board; B. "agency" or "division" means the environmental protection division of the department of environment; C. "council" means the radiation technical advisory council; D. "radiation" includes particulate and electromagnetic radiation and ultrasound, but does not include audible sound; E. "radioactive material" includes any materials or sources, regardless of chemical or physical state, that emit radiation; F. "radiation equipment" means any device that is capable of producing radiation; G. "agreement state" means any state with which the nuclear regulatory commission has entered into an agreement under Section 274(b) of the federal Atomic Energy Act of 1954, as amended; H. "person" means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency, or any other legal entity or its legal representatives, agents or assigns; I. "continued care fund" means the radiation protection continued care fund; J. "director" means the director of the division; K. "nuclear regulatory commission" means the United States nuclear regulatory commission; and L. "secretary" means the secretary of environment. History: Laws 1959, ch. 185, § 1; 1953 Comp., § 12-9-1; Laws 1971, ch. 277, § 17; reenacted as 1953 Comp., § 12-9-4 by Laws 1971, ch. 284, § 4; 1977, ch. 253, § 33; 1977, ch. 343, § 4; 2003, ch. 297, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1971, ch. 284, § 4, repealed former 12-9-4, 1953 Comp., relating to promulgation of radiation regulations, and enacted a new 74-3-4 NMSA 1978. Cross references. — For exemption of environmental improvement board from authority of secretary of environment, see 9-7A-12 NMSA 1978. For § 274(b) of the Atomic Energy Act of 1954, see 42 U.S.C. § 2021(b). For the United States nuclear regulatory commission, see 42 U.S.C. § 5841. The 2003 amendment, effective July 1, 2003, rewrote Subsection B; in Subsection G, deleted "or its successor" following "nuclear regulatory commission" near the middle and inserted "federal" preceding "Atomic Energy Act" near the end; substituted "division" for "environmental improvement agency and" at the end of Subsection J; in Subsection K, deleted "the United States atomic energy commission" preceding "the United States" near the middle and deleted "or its successor" near the end; and added Subsection L.