reglab/housing_qa huggingface dataset:
NM Stat § 74-4-4.5 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-4.5 - Hazardous waste fund created; appropriation.

A. There is created in the state treasury the "hazardous waste fund", which shall be administered by the department. All balances in the fund are appropriated to the department for the sole purpose of meeting necessary expenses in the administration and operation of the hazardous waste program. B. All fees collected pursuant to Section 74-4-4.2 NMSA 1978 shall be transmitted to the state treasurer for credit to the hazardous waste fund. History: 1978 Comp., § 74-4-4.5, enacted by Laws 1987, ch. 179, § 7; 1989, ch. 322, § 7; 1989, ch. 324, § 36; 1990, ch. 124, § 20; 2006, ch. 100, § 2. ANNOTATIONSThe 2006 amendment, effective July 1, 2006, changed "division" to "department" in Subsection A and deleted the Subsection F reference in Subsection B. The 1990 amendment, effective July 1, 1990, substituted "hazardous waste fund" for "hazardous waste and underground storage tank fund" in the catchline and in two places in the text; in Subsection A, substituted references to the division for references to the agency in two places and "the hazardous waste program" for "the hazardous waste and underground storage tank programs"; and, in Subsection B, deleted "and Subsection D of Section 74-4-4.4 NMSA 1978". The 1989 amendment, effective from April 7, 1989 until July 1, 1992, substituted "hazardous waste fund" for "hazardous waste and underground storage tank fund" in the catchline and in the first sentence of Subsection A and, in Subsection B; in Subsection A, substituted "the division" for "the environmental improvement division of the health and environment department" in the first sentence, and "hazardous waste program" for "hazardous waste and underground storage tank programs" in the second sentence, and deleted the former third sentence which read "All interest earned on money in the fund shall be credited to the fund"; and, in Subsection B, substituted "pursuant to Paragraph (1) of Subsection F or Section 74-4-4.2 NMSA 1978" for "pursuant to Sections 74-4-4.2F and 74-4-4.4D NMSA 1978", and added the last sentence.
NM Stat § 74-4-4.6 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-4.6 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 322, § 17 repealed 74-4-4.6 NMSA 1978, as enacted by Laws 1989, ch. 322, § 8, relating to creation of the underground storage tank fund, effective July 1, 1992.
NM Stat § 74-4-4.8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-4.8 - Storage tank fund created; appropriation.

A. There is created in the state treasury the "storage tank fund", which shall be administered by the department. All balances in the fund are appropriated to the department for the sole purpose of meeting necessary expenses in the administration and operation of the storage tank program. B. All fees collected pursuant to Subsection D of Section 74-4-4.4 NMSA 1978 shall be transmitted to the state treasurer for credit to the storage tank fund. C. Balances remaining in the storage tank fund at the end of a fiscal year shall not revert to the general fund. History: Laws 1993, ch. 298, § 2; 2001, ch. 325, § 6. ANNOTATIONSCompiler's notes. — Laws 1993, ch. 100, § 7 enacted a 74-4-4.8 NMSA 1978, creating an underground storage tank fund, effective March 31, 1993, and was approved March 31, 1993. However, because of the enactment of 74-4-4.8 NMSA 1978 by Laws 1993, ch. 298, § 2, approved April 7, 1993, the section as enacted by Laws 1993, ch. 100 has not been set out. See 12-1-8 NMSA 1978. The 2001 amendment, effective July 1, 2001, deleted "underground" preceding "storage tank" throughout the section.
NM Stat § 74-4-5 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-5 - Adoption of regulations; notice and hearing.

A. No regulation shall be adopted, amended or repealed until after a public hearing by the board. Hearings on regulations shall be held in Santa Fe or in an area of the state substantially affected by the regulations. In making its regulations, the board shall give the weight it deems appropriate to all relevant facts and circumstances presented at the public hearing, including but not limited to: (1) the character and degree of injury to or interference with the environment or public health; and (2) the technical practicability and economic reasonableness of the regulation. B. Notice of the hearing shall be given at least thirty days prior to the hearing date and shall state the subject, the time and the place of the hearing and the manner in which interested persons may present their views. The notice shall also state where interested persons may secure copies of any proposed regulation. The notice shall be published in a newspaper of general circulation in the area affected. Reasonable effort shall be made to give notice to all persons who have made a written request to the board for advance notice of hearings. C. At the hearing, the board shall allow all interested persons reasonable opportunity to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. Any person heard or represented at the hearing shall be given written notice of the action of the board. D. The board may designate a hearing officer to take evidence in the hearing. A transcript shall be made of the entire hearing proceedings. E. No regulation or amendment or repeal of a regulation adopted by the board shall become effective until thirty days after its filing under the State Rules Act [Chapter 14, Article 4 NMSA 1978]. History: 1953 Comp., § 12-9B-5, enacted by Laws 1977, ch. 313, § 5; 1992, ch. 43, § 5. ANNOTATIONSCross references. — For notice by publication, see 14-11-1 NMSA 1978 et seq. The 1992 amendment, effective March 6, 1992, deleted "appeal" at the end of the section catchline; deleted "environmental improvement" preceding "board" in the first sentence of the introductory paragraph of Subsection A; inserted "the environment or" in Subsection A(1); deleted former Subsections F, G, and H, relating to appeal; and made minor stylistic changes throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 4.
NM Stat § 74-4-6 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-6 - Repealed.

ANNOTATIONSRepeals. — Laws 1981 (1st S.S.), ch. 8, § 12, repealed 74-4-6 NMSA 1978, relating to disposal of out-of-state hazardous waste, effective April 14, 1981. Compiler's notes. — Laws 1992, ch. 43, § 6 enacted a section designated 74-4-6 NMSA 1978 which has been redesignated by the compiler as 74-4-14 NMSA 1978.
NM Stat § 74-4-7 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-7 - Containment and cleanup of hazardous substance incidents; division powers.

The division may: A. take any action necessary or appropriate to protect persons from injury or other harm which might arise from hazardous substance incidents, including but not limited to providing for cleanup and disposal, coordinating the activities of other public officials and any other action the division deems necessary or appropriate; B. notify any person who may have incurred or may incur physical injury from a hazardous substance incident that he should undergo medical examination; and C. assess charges against persons responsible for hazardous substance incidents for costs the division incurs in cleanup of hazardous substance incidents, disposal of hazardous substances and for damage to state property. Amounts received in payment of such assessments shall be deposited in the hazardous waste emergency fund. Any person who is assessed charges pursuant to this subsection may appeal the assessment to the district court within thirty days of receipt of notice of the assessment. History: 1953 Comp., § 12-9B-7, enacted by Laws 1977, ch. 313, § 7; 1989, ch. 322, § 9. ANNOTATIONSCross references. — For definition of "division," see 74-4-3 NMSA 1978. For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA. Compiler's notes. — For scope of review of the district court, see Zamora v. Vill. of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995). Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control §§ 4, 719, 1136 et seq.
NM Stat § 74-4-8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-8 - Emergency fund.

The "hazardous waste emergency fund" is created in the state treasury. This fund shall be used for cleanup of hazardous substance incidents, disposal of hazardous substances and necessary repairs to or replacement of state property and may be used for the state's share of any response action taken under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601 et seq. The administrative and technical expenses of maintaining an emergency response program within the division shall be reimbursable on a quarterly basis from this fund. Any penalties collected by the division shall be credited to this fund. Amounts in the fund shall be deposited with the state treasurer and then disbursed pursuant to vouchers signed by the director or his authorized representative upon warrants drawn by the secretary of finance and administration. History: 1953 Comp., § 12-9B-8, enacted by Laws 1977, ch. 313, § 8; 1983, ch. 301, § 81; 1983, ch. 302, § 2; 1989, ch. 322, § 10. ANNOTATIONSCross references. — For definitions of "director" and "division," see 74-4-3 NMSA 1978.
NM Stat § 74-4-9 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-9 - Existing hazardous waste facilities; interim status.

Any person owning or operating a hazardous waste facility who has met the requirements for interim status under 42 U.S.C. 6925 shall be deemed to have interim status under the Hazardous Waste Act. History: 1978 Comp., § 74-4-9, enacted by Laws 1989, ch. 322, § 11. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 322, § 11 repealed former 74-4-9 NMSA 1978, as enacted by Laws 1981 (1st S.S.), ch. 8, § 8, and enacted a new section, effective April 7, 1989.
NM Stat § 74-4-12 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-12 - Penalty; civil.

Any person who violates any provision of the Hazardous Waste Act, any rule made pursuant to that act or any compliance order issued by the director pursuant to Section 74-4-10 NMSA 1978 may be assessed a civil penalty not to exceed ten thousand dollars ($10,000) for each day during any portion of which a violation occurs. For violations related to storage tanks, "per violation" means per tank. History: 1953 Comp., § 12-9B-12, enacted by Laws 1977, ch. 313, § 12; 1981 (1st S.S.), ch. 8, § 11; 1987, ch. 179, § 10; 1989, ch. 322, § 15; 2001, ch. 325, § 9. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, deleted "underground" preceding "storage tanks" and made a stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pollution Control § 2032 et seq.
NM Stat § 74-4-13 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-13 - Imminent hazards; authority of director; penalties.

A. Notwithstanding any other provision of the Hazardous Waste Act, whenever the secretary is in receipt of evidence that the past or current handling, storage, treatment, transportation or disposal of solid waste or hazardous waste or the condition or maintenance of a storage tank may present an imminent and substantial endangerment to health or the environment, he may bring suit in the appropriate district court to immediately restrain any person, including any past or present generator, past or present transporter or past or present owner or operator of a treatment, storage or disposal facility, who has contributed or is contributing to such activity, to take such other action as may be necessary or both. A transporter shall not be deemed to have contributed or to be contributing to such handling, storage, treatment or disposal taking place after such solid waste or hazardous waste has left the possession or control of such transporter if the transportation of such waste was under a sole contractual arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, storage, treatment, transportation and disposal of such waste. The secretary may also take other action, including but not limited to issuing such orders as may be necessary to protect health and the environment. B. Any person who willfully violates or fails or refuses to comply with any order of the secretary under Subsection A of this section may in an action brought in the appropriate district court to enforce such order be fined not more than five thousand dollars ($5,000) for each day in which the violation occurs or the failure to comply continues. C. Upon receipt of information that there is hazardous waste at any site which has presented an imminent and substantial endangerment to human health or the environment, the secretary shall provide immediate notice to the appropriate local government agencies. In addition, the director shall require notice of such endangerment to be promptly posted at the site where the waste is located. History: Laws 1983, ch. 302, § 3; 1987, ch. 179, § 11; 1989, ch. 322, § 16; 2001, ch. 325, § 10. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, substituted "secretary" for "director" throughout the section; deleted "any" preceding "solid waste" and "any underground" preceding "storage tank" in Subsection A.
NM Stat § 74-4-14 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4 - Hazardous Wastes|Section 74-4-14 - Administrative actions; judicial review.

A. Any person who is or may be affected by any final administrative action of the board or the secretary may appeal to the court of appeals for further relief within thirty days after the action. All appeals shall be upon the record before the board or the secretary. B. For appeals of regulations, the date of the action shall be the date of filing of the regulation under the State Rules Act [Chapter 14, Article 4 NMSA 1978]. C. 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. D. A stay of enforcement of the action being appealed may be granted after hearing and upon good cause shown: (1) by the board or the secretary, whichever took the action being appealed; or (2) by the court of appeals if the board or the secretary denies a stay or fails to act upon an application for a stay within sixty days after receipt. History: 1978 Comp., § 74-4-14, enacted by Laws 1992, ch. 43, § 6. ANNOTATIONSCompiler's notes. — This section was enacted as 74-4-6 NMSA 1978 but was redesignated by the compiler, since a section with the same code number had previously been enacted (repealed by Laws 1981 (1st S.S.), ch. 8, § 12). Untimely appeal of administrative action. — Where the New Mexico environment department (department) issued a determination in 2011 regarding the time-line of a five-year report on the feasibility of excavation of a mixed waste landfill and any likelihood of contaminants reaching groundwater, plaintiff's 2014 appeal of the department's 2011 decision regarding the time-line for the first five-year report was untimely. Citizen Action N.M. v. N.M. Env't Dep't, 2015-NMCA-058, cert. denied, 2015-NMCERT-005.
NM Stat § 74-4A-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4A - Radioactive Materials|Section 74-4A-2 - Short title.

Sections 74-4A-1 through 74-4A-14 NMSA 1978 may be cited as the "Radioactive and Hazardous Materials Act". History: Laws 1979, ch. 380, § 1; 1981, ch. 374, § 1; 1986, ch. 61, § 1; 1991, ch. 204, § 2. ANNOTATIONSThe 1991 amendment, effective April 4, 1991, substituted "74-4A-1" for "74-4A-2".
NM Stat § 74-4A-3 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4A - Radioactive Materials|Section 74-4A-3 - Purpose.

A. The legislature finds that there is presently much public and state concern in the area of public health and safety over: (1) the proposed waste isolation pilot plant for defense-related radioactive wastes; (2) the safe treatment and disposal of hazardous wastes and the regulation of hazardous waste generators; (3) the effective provision of regulation and information regarding hazardous chemicals in the community and in the work place; (4) the effective control of contamination from underground storage tanks; (5) the transportation on New Mexico highways and streets of radioactive and hazardous materials; (6) the disposition of uranium mine and mill tailings; and (7) the need to provide efficient and timely emergency response to accidents or natural disasters involving the disposal, storage or transportation of radioactive and hazardous materials. B. The legislature further finds that there is a need to centralize and coordinate information on these concerns and to develop recommendations for action by the state. It is the purpose of the Radioactive and Hazardous Materials Act to provide a vehicle for proper consideration of these legitimate state concerns without unnecessarily hampering the nuclear energy industry or compromising the nation's defense. History: Laws 1979, ch. 380, § 2; 1981, ch. 374, § 2; 1986, ch. 61, § 2; 1991, ch. 2, § 1. ANNOTATIONSThe 1991 amendment, effective January 30, 1991, in Subsection A, added Paragraphs (3) and (4) and designated former Paragraphs (3) to (5) as Paragraphs (5) to (7). Law reviews. — For note, "Preemption - Atomic Energy," see 24 Nat. Resources J. 761 (1984). For article, "Radioactive Wastes," see 24 Nat. Resources J. 967 (1984).
NM Stat § 74-4A-5 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4A - Radioactive Materials|Section 74-4A-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1981, ch. 374, § 7, repealed 74-4A-5 NMSA 1978, as enacted by Laws 1979, ch. 380, § 4, relating to state approval of disposal facilities, effective April 10, 1981. For present comparable provisions, see 74-4A-11.1 NMSA 1978.
NM Stat § 74-4A-6 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4A - Radioactive Materials|Section 74-4A-6 - Task force.

There is created the "radioactive waste consultation task force". The task force shall consist of the secretaries of energy, minerals and natural resources; health; environment; public safety; and highway and transportation or their designees. The chairman and vice chairman, or their designees from the committee, shall be advisory members of the task force. The state fire marshal or his designee shall serve as a non-voting member of the task force. History: Laws 1979, ch. 380, § 5; 1986, ch. 61, § 4; 1987, ch. 234, § 80; 1991, ch. 2, § 3; 2001, ch. 12, § 1; 2001, ch. 103, § 1. ANNOTATIONSCross references. — For the secretary of energy, minerals and natural resources, see 9-5A-5 NMSA 1978. For the secretary of health, see 9-7-5 NMSA 1978. For the secretary of environment, see 9-7A-5 NMSA 1978. 2001 amendments. — Identical amendments to this section were enacted by Laws 2001, ch. 12, § 1 approved March 13, 2001, and Laws 2001, ch. 103, § 1, approved April 2, 2001, and both effective June 1, 2001 which removed the taxation and revenue secretary from the radioactive waste consultation task force, deleted "and" between "health" and "environment" and inserted the last sentence, which added the state fire marshal to the task force as a non-voting member. The section is set out as amended by Laws 2001, ch. 103, § 1. See 12-1-8 NMSA 1978. The 1991 amendment, effective January 30, 1991, in the second sentence, deleted "department" preceding "taxation" and substituted "public safety and highway and transportation or their designees" for "and the chief highway administrator or their designees"; deleted the former third sentence which read "The task force shall terminate on December 31, 1990 unless terminated sooner"; and added the present third sentence.
NM Stat § 74-4A-7 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4A - Radioactive Materials|Section 74-4A-7 - Duties of the task force.

A. The task force shall negotiate for the state with the federal government in all areas relating to siting, licensing and operation of new federal disposal facilities, including research, development and demonstration, for high-level radioactive wastes, transuranic radioactive wastes and low-level radioactive waste. This subsection shall not be construed to limit the powers of any agency otherwise authorized to negotiate with the federal government, and if such negotiation should also come within the authority of the task force, the task force shall provide assistance to that agency but shall not limit the agency's exercise of authority. Any action taken pursuant to this subsection may be disapproved by joint resolution of the legislature. B. The task force may recommend legislation to implement the state's policies with respect to new federal disposal facilities. C. The task force shall identify impacts of new federal disposal facilities within the state and shall disseminate that information. D. The task force shall coordinate the investigations and studies undertaken by all state agencies and shall forward an executive summary of ongoing and recently completed investigations and studies, including information from federal or other studies, to the legislature and the governor as the studies are completed or information released. E. The task force shall meet regularly with the committee and keep the committee apprised of all actions taken by the task force. History: Laws 1979, ch. 380, § 6; 1991, ch. 2, § 4. ANNOTATIONSThe 1991 amendment, effective January 30, 1991, deleted "or its designee" following "The task force" near the beginning of Subsection A.
NM Stat § 74-4A-8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4A - Radioactive Materials|Section 74-4A-8 - Powers of the task force.

A. The task force may make procedural rules deemed necessary to carry out the provisions of Section 74-4A-7 NMSA 1978. B. The task force may solicit and accept grants from federal or private sources for projects and undertakings that further the purposes of Section 74-4A-7 NMSA 1978. C. The task force may make such contracts as it deems necessary to carry out the provisions of Section 74-4A-7 NMSA 1978. D. The task force may appoint a representative on any federal or state-federal task forces or working groups. E. The task force may perform such other acts as are necessary and proper for carrying out the provisions of Section 74-4A-7 NMSA 1978 and shall cooperate fully with the committee. History: Laws 1979, ch. 380, § 7; 1981, ch. 374, § 4; 1986, ch. 61, § 5.
NM Stat § 74-4A-9 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4A - Radioactive Materials|Section 74-4A-9 - Committee.

There is created a joint interim legislative committee which shall be known as the "radioactive and hazardous materials committee". The committee shall function from the date of its appointment. History: Laws 1979, ch. 380, § 8; 1983, ch. 22, § 2; 1986, ch. 61, § 6; 1991, ch. 2, § 5. ANNOTATIONSCross references. — For the legislative council, see 2-3-1 NMSA 1978. The 1991 amendment, effective January 30, 1991, deleted "until December 31, 1990 unless terminated sooner by the legislative council" at the end of the second sentence.