2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4C - Hazardous Waste Feasibility Studies › Section 74-4C-3 - Definitions.

As used in the Hazardous Waste Feasibility Study Act:
A. "committee" means the radioactive materials committee [radioactive and hazardous materials committee];
B. "division" means the environmental improvement division of the health and environment department [department of environment];
C. "hazardous waste" means garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility or other discarded material, including solid, liquid, semisolid or containing gaseous material resulting from industrial, commercial, mining or agricultural operations, other than waste pesticides disposed of by a farmer pursuant to Section 74-4-3.1 NMSA 1978, or from community activities which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The term hazardous waste does not include solid or dissolved material in domestic sewage, or animal excrement in connection with farm, ranch or feedlot operations, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Water Pollution Control Act, as amended, as the provisions exist on January 1, 1981; or source, special or byproduct material as defined in the Atomic Energy Act of 1954, as amended, as these definitions exist on January 1, 1981; or any of the following, until the environmental improvement board determines that they are subject to Subtitle C of the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6921 et seq.): drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil or natural gas or geothermal energy; any fly ash waste, bottom ash waste, slag waste or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; solid waste from the extraction, beneficiation or processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore; cement kiln dust waste; or pesticide waste disposed of by any farmer from his own use, provided that he triple rinses each emptied pesticide container and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instructions on the pesticide label; and
D. "hazardous waste activity" means the generation, treatment, storage, transportation or disposal of hazardous waste.
History:
Laws 1985 (1st S.S.), ch. 4, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The radioactive materials committee is now the radioactive and hazardous materials committee.
See
74-4A-9 NMSA 1978.
Laws 1991, ch. 25, § 4 established the department of environment and provided that all references to the environmental improvement division of the health and environment department shall be construed to mean the department of environment.
Cross references.
— For the environmental improvement board,
see
74-1-4 NMSA 1978.
For Section 402 of the federal Water Pollution Control Act,
see
33 U.S.C. § 1342.
For the federal Atomic Energy Act of 1954,
see
42 U.S.C. § 2011 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes "hazardous waste" subject to regulation under Resource Conservation and Recovery Act (42 USCS § 6901 et seq.), 135 A.L.R. Fed. 197.