reglab/housing_qa huggingface dataset:
NM Stat § 74-4E-7 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4E - Hazardous Chemicals Information Act|Section 74-4E-7 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 149, § 17 repealed 74-4E-7 NMSA 1978, as enacted by Laws 1989, ch. 149, § 7, relating to creation of the hazardous chemicals information management fund, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com.
NM Stat § 74-4E-8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4E - Hazardous Chemicals Information Act|Section 74-4E-8 - Hazardous chemicals reporting fees; schedule; distribution.

A. Any facility owner or operator required to file an inventory form covering a hazardous material as required in Paragraph (3) of Subsection A of Section 5 [74-4E-5 NMSA 1978] of the Hazardous Chemicals Information Act shall pay at the time of filing a fee of twenty-five dollars ($25.00) per inventory form. In no case shall a facility owner or operator pay more than two hundred fifty dollars ($250) in any calendar year for all forms, notices and reports required by that section. B. Federal governmental agencies, the state and its political subdivisions and other public institutions shall be exempt from the payment of any fee imposed in this section. C. Fees collected pursuant to this section shall be deposited in the hazardous chemicals information management fund and distributed to the department at the end of each month. D. The provisions of this section shall be administered pursuant to the provisions of the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. History: Laws 1989, ch. 149, § 8.
NM Stat § 74-4E-9 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4E - Hazardous Chemicals Information Act|Section 74-4E-9 - Failure to file or pay fees; penalty.

After July 1, 1990, any facility owner or operator who knowingly, willfully, and intentionally fails to file any notice, form or report or to pay any fee required by the Hazardous Chemicals Information Act [74-4E-1 to 74-4E-9 NMSA 1978] shall pay a civil penalty no greater than five thousand dollars ($5,000) for each violation. All civil penalties shall be deposited in the hazardous chemicals information management fund. History: Laws 1989, ch. 149, § 9.
NM Stat § 74-4F-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4F - Hazardous Materials Transportation (Repealed.)|Section 74-4F-1 - Repealed.

History: Laws 1996, ch. 37, § 1; repealed by Laws 2007, ch. 319, § 67.ANNOTATIONSRepeals. — Laws 2007, ch. 319, § 67 repealed 74-4F-1 NMSA 1978, as enacted by Laws 1996, ch. 37, § 1, relating to the Hazardous Materials Transportation Act, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 74-4F-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4F - Hazardous Materials Transportation (Repealed.)|Section 74-4F-2 - Repealed.

History: Laws 1996, ch. 37, § 2; repealed by Laws 2007, ch. 319, § 67.ANNOTATIONSRepeals. — Laws 2007, ch. 319, § 67 repealed 74-4F-2 NMSA 1978, as enacted by Laws 1996, ch. 37, § 2, relating to the Hazardous Materials Transportation Act, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 74-4F-3 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4F - Hazardous Materials Transportation (Repealed.)|Section 74-4F-3 - Repealed.

History: Laws 1996, ch. 37, § 3; repealed by Laws 2004, ch. 78, § 2.ANNOTATIONSRepeals. — Laws 2004, ch. 78, § 2 repealed Section 74-4F-3 NMSA 1978, as enacted by Laws 1996, ch. 37, § 3, relating to the Hazardous Materials Transportation Act, effective July 1, 2004. For provisions of former section, see the 2003 NMSA 1978 on NMOneSource.com.
NM Stat § 74-4F-4 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4F - Hazardous Materials Transportation (Repealed.)|Section 74-4F-4 - Repealed.

History: Laws 1996, ch. 37, § 4; repealed by Laws 2007, ch. 319, § 67.ANNOTATIONSRepeals. — Laws 2007, ch. 319, § 67 repealed 74-4F-4 NMSA 1978, as enacted by Laws 1996, ch. 37, § 4, relating to the Hazardous Materials Transportation Act, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 74-4F-5 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4F - Hazardous Materials Transportation (Repealed.)|Section 74-4F-5 - Repealed.

History: Laws 1996, ch. 37, § 5; repealed by Laws 2007, ch. 319, § 67.ANNOTATIONSRepeals. — Laws 2007, ch. 319, § 67 repealed 74-4F-5 NMSA 1978, as enacted by Laws 1996, ch. 37, § 5, relating to the Hazardous Materials Transportation Act, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 74-4F-6 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4F - Hazardous Materials Transportation (Repealed.)|Section 74-4F-6 - Repealed.

History: Laws 1996, ch. 37, § 6; repealed by Laws 2007, ch. 319, § 67.ANNOTATIONSRepeals. — Laws 2007, ch. 319, § 67 repealed 74-4F-6 NMSA 1978, as enacted by Laws 1996, ch. 37, § 6, relating to the Hazardous Materials Transportation Act, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 74-4F-7 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4F - Hazardous Materials Transportation (Repealed.)|Section 74-4F-7 - Repealed.

History: Laws 1996, ch. 37, § 7; repealed by Laws 2007, ch. 319, § 67.ANNOTATIONSRepeals. — Laws 2007, ch. 319, § 67 repealed 74-4F-7 NMSA 1978, as enacted by Laws 1996, ch. 37, § 7, relating to the Hazardous Materials Transportation Act, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 74-4F-8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4F - Hazardous Materials Transportation (Repealed.)|Section 74-4F-8 - Repealed.

History: Laws 1996, ch. 37, § 8; repealed by Laws 2007, ch. 319, § 67.ANNOTATIONSRepeals. — Laws 2007, ch. 319, § 67 repealed 74-4F-8 NMSA 1978, as enacted by Laws 1996, ch. 37, § 8, relating to the Hazardous Materials Transportation Act, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 74-4G-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-1 - Short title.

Chapter 74, Article 4G NMSA 1978 may be cited as the "Voluntary Remediation Act". History: Laws 1997, ch. 38, § 1; 2006, ch. 62, § 1. ANNOTATIONSCross references. — For the Hazardous Waste Act, see Chapter 74, Article 4 NMSA 1978. The 2006 amendment, effective July 1, 2006, changed the short title reference of the act to the NMSA 1978 reference.
NM Stat § 74-4G-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-2 - Purpose.

The purpose of the Voluntary Remediation Act is to provide incentives for the voluntary assessment and remediation of contaminated property, with state oversight, and to remove future liability of lenders and landowners. History: Laws 1997, ch. 38, § 2.
NM Stat § 74-4G-4 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-4 - Regulations.

The department shall adopt and promulgate rules and regulations necessary to implement the provisions of the Voluntary Remediation Act. The rules and regulations shall provide for, among other things, the amount of the nonrefundable application fee and a schedule for the cost of the department's oversight of the voluntary remediation. History: Laws 1997, ch. 38, § 4.
NM Stat § 74-4G-6 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-6 - Agreement.

A. After the department determines that an applicant is eligible, the secretary of environment may enter into a voluntary remediation agreement for remediation of the site that sets forth the terms and conditions of the department's evaluation and implementation of the oversight to be performed. B. A voluntary remediation agreement shall include a provision for the department's oversight, including access to the site, on-site collection of samples and inspection and copying of site records. C. The department shall not initiate an enforcement action, including an administrative or judicial action, against a participant for the contamination or release thereof, or for the activity that resulted in the contamination or release thereof, if the contamination is the subject of an agreement pursuant to the provisions of the Voluntary Remediation Act; however, this section shall not be a bar to enforcement if the participant does not successfully initiate or implement the agreement within a reasonable time. D. The participant may terminate a voluntary remediation agreement on sixty days' written notice. The department may terminate a voluntary remediation agreement on a finding that the participant is not in compliance with the voluntary remediation agreement. The department's costs incurred or obligated before the date the notice of termination is received are recoverable under the agreement if the agreement is terminated. E. In the event that any participant is unable to resolve a dispute concerning the actions required under a voluntary remediation agreement, that participant may submit a written request for a final decision to the secretary of environment. The secretary of environment shall issue a binding final decision, including a written statement of the reason for the decision. F. Unless the participant demonstrates that a cleanup is not required in order to comply with applicable standards, after a voluntary remediation agreement becomes effective, the participant shall submit a proposed voluntary remediation work plan for the site remediation. History: Laws 1997, ch. 38, § 6.
NM Stat § 74-4G-7 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-7 - Certificate of completion.

If the department determines that a participant has successfully complied with the voluntary remediation agreement and the site conditions meet applicable standards, the department shall issue the participant a certificate of completion. History: Laws 1997, ch. 38, § 7.
NM Stat § 74-4G-8 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-8 - Covenant not to sue.

A. After the department issues a certificate of completion for a site, the secretary of environment shall provide a covenant not to sue to a purchaser of the site that did not contribute to the site contamination for any direct liability, including future liability for claims based upon the contamination covered by the agreement and over which the department has authority. Except as may be provided under federal law or as may be agreed to by a federal government entity, the covenant not to sue shall not release a participant from liability to the federal government for claims based on federal law. Except as may be agreed to by a third party, the covenant not to sue shall not release a person from liability to third parties. B. The secretary of environment's covenant not to sue under this section shall be transferable with title to the site. History: Laws 1997, ch. 38, § 8.
NM Stat § 74-4G-9 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-9 - Recision.

Nothing in this chapter shall prohibit the secretary of environment from rescinding a certificate of completion or a covenant not to sue if the department determines that: A. contamination addressed in the agreement is, with reasonable evidence, an unreasonable threat to human health or the environment; B. the voluntary remediation agreement was performed in a manner that fails to comply substantially with the terms and conditions of the agreement or voluntary remediation work plan; C. the voluntary remediation agreement is a result of fraud; or D. contamination was present at the site at the time the voluntary remediation agreement was signed but the department did not know of the type, extent or magnitude of the contaminants. History: Laws 1997, ch. 38, § 9.
NM Stat § 74-4G-10 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-10 - Lender liability.

A person who maintains indicia of ownership primarily to protect a security interest in a site that is the subject of a voluntary remediation agreement, who does not participate in the management of the site and is not in control of or does not have responsibility for daily operation of the site shall not be considered an owner or operator of that site and shall not be liable under any contaminant control or other environmental protection law or regulation administered by the department or otherwise responsible to the department for any environmental contamination or response action costs associated with the site. This section shall apply to all indicia of ownership existing on and after July 1, 1997. History: Laws 1997, ch. 38, § 10; 1999, ch. 33, § 1. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, substituted "A person" for "An applicant" at the beginning of the section, and substituted "July 1, 1997" for "the effective date of the Voluntary Remediation Act" at the end of the section.
NM Stat § 74-4G-11 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-11 - Voluntary remediation fund.

The "voluntary remediation fund" is created in the state treasury. The fund shall be administered by the department. All fees and oversight payments collected pursuant to the regulations adopted by the secretary of environment pursuant to the provisions of the Voluntary Remediation Act shall be deposited in the fund. The money in the fund shall be appropriated by law to the department for the purpose of administering the Voluntary Remediation Act. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of environment. History: Laws 1997, ch. 38, § 11.
NM Stat § 74-4G-11.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-11.1 - Brownfields cleanup revolving loan fund.

A. The "brownfields cleanup revolving loan fund" is created in the state treasury. The fund shall be comprised of money from a grant from the environmental protection agency, repayments of loans and interest and income accruing on the balance of the fund. The department may make secured and unsecured loans or grants from the fund to eligible participants for the purpose of financing remedial actions and other approved activities at abandoned or underused industrial, commercial or agricultural sites or on abandoned or underused residential property. Loans or grants may be made from the fund to political subdivisions, tribes, nonprofit organizations and private entities for eligible cleanup activities pursuant to requirements for eligibility set by the environmental protection agency's brownfields program. 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 the secretary's designee. Any unexpended or unencumbered balance or income earned from the money in the fund remaining at the end of a fiscal year shall not revert to the general fund. B. The department shall review and approve qualified loan applications, and cleanup activities shall be performed pursuant to the Voluntary Remediation Act. C. Loan repayments shall be deposited into the brownfields cleanup revolving loan fund. Interest and earnings on the balance in the fund shall be credited to the brownfields cleanup revolving loan fund. History: Laws 2006, ch. 62, § 2. ANNOTATIONSEffective dates. — Laws 2006, ch. 62, § 3 made the provisions of this section effective July 1, 2006.
NM Stat § 74-4G-12 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 4G - Voluntary Remediation|Section 74-4G-12 - Severability.

If any part or application of the Voluntary Remediation Act is held invalid, the remainder or its application to other situations or persons shall not be affected. History: Laws 1997, ch. 38, § 12.
NM Stat § 74-5-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 5 - Aerosol Products|Section 74-5-1 - Legislative findings.

The legislature finds: A. that the deliberate inhalation of certain aerosol products has become so widespread in this state, particularly among children and young adults from low-income backgrounds, that it is now a leading drug problem in some areas; that an increasing number of individuals have died from such deliberate inhalation; that other known effects from such deliberate inhalation are permanent brain, lung, liver and kidney damage; that the best available scientific information indicates the specific components of aerosol spray products which are dangerous, and that, therefore, the deliberate inhalation of aerosol spray products presents an immediate danger to the public health, safety and welfare of the citizens, and future citizens, of this state; and B. that available scientific information indicates a substantial possibility that fluoroalkanes, a major component of certain aerosol spray products, when discharged into the atmosphere, dissipate or impair the earth's protective layer of ozone; that the dissipation or impairment of even a small portion of the ozone layer is likely to decrease the screening of ultraviolet radiation; that any significant increase in human exposure to ultraviolet radiation is likely to increase the risk of skin cancer and other serious illness; that any significant increase in exposure of the environment to ultraviolet radiation may endanger the environment; and that therefore, the release of these aerosol spray products into the atmosphere is a significant hazard to the public health, safety and welfare of the citizens, and future citizens, of this state. History: 1978 Comp., § 74-5-1, enacted by Laws 1977, ch. 384, § 1.
NM Stat § 74-5-2 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 5 - Aerosol Products|Section 74-5-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 82, § 3, repealed 74-5-2 NMSA 1978, as enacted by Laws 1977, ch. 384, § 2, relating to restrictions on the sale of certain aerosol products, effective March 16, 1979.
NM Stat § 74-6-1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-1 - Short title.

Chapter 74, Article 6 NMSA 1978 may be cited as the "Water Quality Act". History: 1953 Comp., § 75-39-1, enacted by Laws 1967, ch. 190, § 1; 1993, ch. 291, § 1. ANNOTATIONSCross references. — For the Pollution Control Revenue Bond Act, see 3-59-1 NMSA 1978 et seq. The 1993 amendment, effective June 18, 1993, substituted "Chapter 74, Article 6 NMSA 1978" for "This act". Water laws apply on Indian land. — Where non-Indians enter into long-term lease with an Indian tribe under which the non-Indians are to develop the land as a subdivision, state laws concerning subdivision control, construction licensing and water cannot be held inapplicable to the lessee because of federal preemption. Norvell v. Sangre de Cristo Dev. Co., 372 F. Supp. 348 (D.N.M. 1974), rev'd on other grounds, 519 F.2d 370 (10th Cir. 1975). An implied private right of action does not exist under this section and a negligence per se claim may not be predicated on a violation of this section. Schwartzman, Inc. v. Atchison, Topeca & Santa Fe Ry., 857 F. Supp. 838 (D.N.M. 1994). Provided Indian proprietary interest and self-government unimpaired. — The application of state antipollution laws to industries located on Indian land is valid, provided that the operation of those laws neither impairs the proprietary interest of the Indian people in their lands nor limits the right of the tribe or pueblo to govern matters of tribal relations. The regulation of industrial discharges is not a matter fundamental to tribal relations, and the state supervision of environment pollution will not limit, in any meaningful manner, the right of the several Indian peoples to govern themselves. The extension of pollution controls to industries located on Indian land will not affect the ownership or control of the land. 1970 Op. Att'y Gen. No. 70-05. Law reviews. — For comment, "Control of Industrial Water Pollution in New Mexico," see 9 Nat. Resources J. 653 (1969). For note, "New Mexico Water Pollution Regulations and Standards Upheld," see 19 Nat. Resources J. 693 (1979). For article, "The Assurance of Reasonable Toxic Risk?," see 24 Nat. Resources J. 549 (1984). For article, "Information for State Groundwater Quality Policymaking," see 24 Nat. Resources J. 1015 (1984). For article, "Transboundary Toxic Pollution and the Drainage Basin Concept," see 25 Nat. Resources J. 589 (1985). Am. Jur. 2d, A.L.R. and C.J.S. references. — Standing to sue for violation of state environmental regulatory statute, 66 A.L.R.4th 685. Measure and elements of damages for pollution of well or spring, 76 A.L.R.4th 629. Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444. Actions brought under Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act)(33 U.S.C.A. § 1251 et seq.) - supreme court cases, 163 A.L.R. Fed. 531. 39A C.J.S Health and Environment § 131.
NM Stat § 74-6-3.1 (2021)
2021 New Mexico Statutes|Chapter 74 - Environmental Improvement|Article 6 - Water Quality|Section 74-6-3.1 - Legal advice. (Repealed effective July 1, 2026.)

A. In the exercise of any of its powers or duties, the water quality control commission shall act with independent legal advice. The manner in which such advice is provided shall be determined by the commission, but from among one of the following: (1) the office of the attorney general; (2) independent counsel hired by the commission, whether full- or part-time; or (3) another state agency whose function is sufficiently distinct from the department of environment and each constituent agency to assure independent, impartial advice. B. Notwithstanding the provisions of Subsection A of this section, attorneys from constituent agencies may act for the water quality control commission in lawsuits filed against or on behalf of the commission, and the attorney general may, at the request of the commission, file and defend lawsuits on behalf of the commission. History: 1978 Comp., § 74-1-8.1, enacted by Laws 1982, ch. 73, § 28; recompiled as 1978 Comp., § 74-1-8.2; 1991, ch. 25, § 32; recompiled as 1978 Comp., § 74-6-3.1 by Laws 1993, ch. 291, § 18. ANNOTATIONSDelayed repeals. — For delayed repeal of this section, see 74-6-17 NMSA 1978.Compiler's notes. — Laws 1982, ch. 73, § 28, enacted this section as 74-1-8.1 NMSA 1978, but since Laws 1982, ch. 73, § 23, had already enacted 74-1-8.1 NMSA 1978, this section was compiled as 74-1-8.2 NMSA 1978. Cross references. — For the definition of "commission", see 74-6-2 NMSA 1978. For the general powers and duties of the commission, see 74-6-4 NMSA 1978. The 1991 amendment, effective March 29, 1991, inserted "the water quality control" and "water quality control" preceding "commission" in the first sentence in Subsection A and in Subsection B; and, in Subsection A, substituted "department of environment" for "health and environment department" in Paragraph (3) and made a minor stylistic change.