2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-7 - Plan; information required from counties and municipalities.

A. As a basis for developing and preparing the plan, the director shall request and shall use information from each county and municipality or combinations of counties and municipalities as further authorized under the provisions of this section.
B. The director shall prepare and distribute to each county and municipality guidelines to assist it in the preparation of the plan information submittals. These guidelines shall be distributed no later than October 1, 1990. The guidelines shall include requirements for submittal of:
(1) documentation that demonstrates that the submitting county or municipality considered combining with one or more other counties or municipalities, or both, to form a district for solid waste planning and local implementation of program elements for which the county's or municipality's participation is required under the provisions of the Solid Waste Act; and
(2) information to be furnished by counties or municipalities for their respective jurisdictions that corresponds generally to the provisions of Section 74-9-6 NMSA 1978.
C. If a county or municipality indicates in its submission that it has developed through a joint powers agreement or otherwise a plan for formation of a solid waste district with one or more other participating counties or municipalities, that proposed district shall be recommended to the board by the director for designation under Section 74-9-11 NMSA 1978.
D. In developing the information to be submitted to the director, each county and municipality shall provide:
(1) for the maximum public participation in the process that is possible within time constraints and available resources; and
(2) for obtaining information from representatives of the private sector involved in solid waste management.
E. The information submitted to the director shall include a description of methods used by the county or municipality to achieve the participation required under Subsection D of this section.
F. If a county or municipality or any combination of counties or municipalities designates in a plan information submittal proposed county, municipal or regional landfill disposal sites, and the sites comply with applicable substantive permitting requirements established by the Solid Waste Act and regulations adopted pursuant to that act, the designations shall be binding upon the director unless he applies for and receives from the board authorization to change a designation.
G. Counties and municipalities shall furnish the documentation and information described in Subsection B of this section no later than July 1, 1992.
H. Failure by a county or municipality to furnish information that is required by the director, giving due regard to the particular demographic, geographic, economic and other appropriate characteristics of the county or municipality, may render it ineligible to be a recipient of any grants authorized under the provisions of the Solid Waste Act and established by regulations adopted by the board.
History:
Laws 1990, ch. 99, § 7; 1991, ch. 185, § 1; 1991, ch. 194, § 2.
ANNOTATIONS
1991 amendments.
— Identical amendments to this section were enacted by Laws 1991, ch. 185, § 1 and Laws 1991, ch. 194, § 2, effective June 14, 1991, which substituted "Section 74-9-6 NMSA 1978" for "Section 6 of the Solid Waste Act" at the end of Paragraph (2) of Subsection B; substituted "Section 74-9-11 NMSA 1978" for "Section 11 of the Solid Waste Act" at the end of Subsection C; substituted "July 1, 1992" for "July 1, 1991" at the end of Subsection G; and made minor stylistic changes in Subsection F. The section was set out as amended by Laws 1991, ch. 194, § 2.
See
12-1-8 NMSA 1978.