reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-8 - Registration of radiation equipment.

A. It is unlawful for any person to possess, use, store, dispose of, manufacture, repair, alter or inspect radiation equipment specified by regulation of the board unless he registers with the agency.
B. The agency shall issue registration certificates in accordance with procedures prescribed by regulation of the board. Registration applications shall be made on forms provided by the agency. The registration statement shall be limited to information which the board determines to be necessary for the protection of the health of the people of the state.
C. The requirement of registration shall not be interpreted to imply approval by the agency of the manner in which the activities requiring registration are carried out.
History:
Laws 1959, ch. 185, 5; 1953 Comp., § 12-9-5; reenacted as 1953 Comp., § 12-9-6 by Laws 1971, ch. 284, § 6; 1977, ch. 343, § 8.
ANNOTATIONS
Repeals and reenactments.
— Laws 1971, ch. 284, § 6 repealed former 12-9-6, 1953 Comp., relating to exempt persons and activities, and enacted a new 74-3-8 NMSA 1978.
Cross references.
— For definitions of "board" and "agency",
see
74-3-4 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-10 - Exemptions.

A. Nothing contained in the Radiation Protection Act shall be construed as authorizing the agency or the board to limit the kind and amount of radiation that may be applied to a person for diagnostic or therapeutic purposes by or under the direction of a licensed physician.
B. The Radiation Protection Act shall not apply to the transportation of any radioactive material in conformity with regulations of the department of transportation or other agency of the federal government having jurisdiction, or to any material or equipment owned by the United States and being used, stored or transported by or for the United States or any department, agency or instrumentality thereof, except to the extent required or permitted by the authority in control of such materials or equipment.
C. The Radiation Protection Act shall not apply to the mining, extraction, processing, storage or transportation of radioactive ores or uranium concentrates that are regulated by the United States bureau of mines or any other federal or state agency having authority unless the authority is ceded by such agency to the board.
History:
Laws 1959, ch. 185, § 6; 1953 Comp., § 12-9-6; reenacted as 1953 Comp., § 12-9-8 by Laws 1971, ch. 284, § 8; 1977, ch. 343, § 10.
ANNOTATIONS
Cross references.
— For definitions of "agency" and "board,"
see
74-3-4 NMSA 1978 and notes thereto.
For the United States bureau of mines,
see
30 U.S.C. § 1.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-10.1 - Fee exemption.

All medical, dental and veterinary x-ray equipment is exempt from fees imposed pursuant to the Radiation Protection Act.
History:
Laws 2000, ch. 86, § 5.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 86 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on May 17, 2000, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 297, § 7 repealed 74-3-11 NMSA 1978, as enacted by Laws 1971, ch. 284, § 9, relating to civil penalty and injunction, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For similar present provision,
see
74-3-11.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-11.1 - Enforcement; compliance orders; civil penalties.

A. When, on the basis of any information, the secretary determines that a person has violated or is violating a requirement or prohibition set forth in the Radiation Protection Act, a regulation promulgated pursuant to that act or a condition of a license or registration issued pursuant to that act, the secretary may:
(1) issue a compliance order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time period, or assessing a civil penalty for a past or current violation, or both. The secretary may commence an action in the appropriate district court to enforce an order; or
(2) commence a civil action in district court for appropriate relief, including injunctive relief.
B. An order issued pursuant to Subsection A of this section may include a suspension or revocation of a license or registration, or portion thereof, issued by the secretary. A penalty assessed in the order shall not exceed fifteen thousand dollars ($15,000) per day for each violation in the order. If a person named in an order fails to comply with the order, the secretary may assess a civil penalty in an amount not to exceed fifteen thousand dollars ($15,000) per day for each violation of the order.
C. In determining the amount of a penalty to be assessed pursuant to this section, the secretary shall take into account the seriousness of the violation, any good-faith efforts to comply with the applicable requirements and any other relevant factors.
D. An order issued pursuant to the provisions of Subsection A of this section shall become final unless, no later than thirty days after the order is served, the person named in the order submits a written request to the secretary for a public hearing. The secretary shall appoint an independent hearing officer to preside over the public hearing. The hearing officer shall make and preserve a complete record of the proceedings and forward a recommendation based on the proceedings to the secretary. The secretary shall make a final decision.
E. In connection with any proceeding pursuant to this section, the secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents. The secretary may also adopt rules for discovery procedures.
F. Penalties collected pursuant to an administrative order issued pursuant to this section shall be deposited in the state general fund.
History:
Laws 2003, ch. 297, § 4.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 297, § 8 made the act effective July 1, 2003.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Pollution control: preliminary mandatory injunction to prevent, correct or reduce effects of polluting practices, 49 A.L.R.3d 1239.
Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency, 60 A.L.R.3d 665.
Tort liability for nonmedical radiological harm, 73 A.L.R.4th 582.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-11.2 - Administrative actions; appeals.

A. A person who is adversely affected by a final administrative action of the secretary may appeal to the court of appeals for further relief within thirty days after the action. All appeals shall be on the administrative record developed by the secretary.
B. 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.
C. A stay of enforcement of the action being appealed may be granted after hearing and upon good cause shown:
(1) by the secretary; or
(2) by the court of appeals if the secretary denies a stay or fails to act upon an application for a stay within sixty days after receipt.
History:
Laws 2003, ch. 297, § 5.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 297, § 8 made the act effective July 1, 2003.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control § 80 et seq.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2003, ch. 297, § 7 repealed 74-3-12 NMSA 1978, as enacted by Laws 1977, ch. 343, § 12, relating to criminal penalty, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
. For similar present provision,
see
74-3-12.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-12.1 - Criminal penalties.

A. A person who knowingly commits a violation of the Radiation Protection Act or a regulation promulgated pursuant to that act is guilty of a misdemeanor and upon conviction shall be sentenced to a term of imprisonment not to exceed three hundred sixty-four days or the payment of a fine not to exceed ten thousand dollars ($10,000), or both.
B. A person who knowingly makes a false statement, representation or certification in an application, record, report, plan or other document filed or required to be maintained pursuant to the Radiation Protection Act or any regulation promulgated pursuant to that act is guilty of a petty misdemeanor and upon conviction shall be sentenced to a term of imprisonment not to exceed six months or the payment of a fine not to exceed ten thousand dollars ($10,000), or both.
History:
Laws 2003, ch. 297, § 6.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 297, § 8 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-13 - Emergencies.

In the event of an emergency, the director may order the impounding of sources of radiation in the possession of any person who is not equipped to comply with or fails to comply with the provisions of the Radiation Protection Act or any rule or regulation promulgated thereunder.
History:
1953 Comp., § 12-9-9.2, enacted by Laws 1977, ch. 343, § 13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control §§ 2012, 2050.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-13.1 - Emergency powers of the secretary.

A. Notwithstanding any other provision of the Radiation Protection Act, if the secretary determines that a person is violating a condition of a license or registration issued by the agency, or administered by the agency pursuant to an agreement with the nuclear regulatory commission, or any regulation promulgated pursuant to the Radiation Protection Act, and determines that the violation may present an imminent and substantial endangerment to human health or safety, the secretary may bring suit to immediately restrain the person from the violation or take such other action as may be necessary or both. The secretary may also take other action, including issuing orders as may be necessary to protect human health and safety. The order shall be effective immediately; however, the person named in the order may request an administrative hearing before the secretary within ten days after the order is served. If a timely request for a hearing is made, the secretary shall hold the hearing within thirty days. The secretary may commence an action in the appropriate district court to enforce an order.
B. A person who willfully violates an order of the secretary pursuant to Subsection A of this section may be fined not more than fifteen thousand dollars ($15,000) per day for each violation of the order.
History:
Laws 2003, ch. 297, § 3.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 297, § 8 made the act effective July 1, 2003.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-14 - Fluoroscopic or X-ray machines for shoe fitting; hand-held fluoroscopes; operation or maintenance prohibited.

A. No shoe-fitting device or shoe-fitting machine which uses fluoroscopic, X-ray or radiation principles shall be operated or maintained within the state.
B. No hand-held fluoroscope shall be operated or maintained within the state.
History:
1953 Comp., § 12-9-10, enacted by Laws 1971, ch. 284, § 10; 1977, ch. 343, § 14.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-15 - Agreement status authorized.

The board and the agency, through the governor, may enter into an agreement with the nuclear regulatory commission, as provided in the Atomic Energy Act of 1954, as amended, providing for discontinuance of the regulatory authority of the nuclear regulatory commission and acceptance of that authority by the board and agency. For the duration of such an agreement, the board shall have authority to regulate the radioactive materials covered by the agreement for the protection of the public health and safety and the environment from radiation hazards.
History:
1953 Comp., § 12-9-11, enacted by Laws 1971, ch. 284, § 11; 1977, ch. 343, § 15.
ANNOTATIONS
Cross references.
— For definitions of "board," "agency" and "nuclear regulatory commission,"
see
74-3-4 NMSA 1978 and notes thereto.
For the Atomic Energy Act of 1954,
see
42 U.S.C. § 2011 et seq.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 3 - Radiation Control › Section 74-3-16 - Discrimination.

No person or employer shall discharge or in any manner discriminate against any exployee [employee] except for good cause shown because the employee has filed a complaint or instituted or caused to be instituted a proceeding under or related to the Radiation Protection Act or has testified or is about to testify in any such proceeding or because of the exercise by the employee on behalf of himself or others of any right afforded by that act or any rule, regulation or order adopted thereunder.
History:
1953 Comp., § 12-9-12, enacted by Laws 1977, ch. 343, § 16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4 - Hazardous Wastes › Section 74-4-2 - Purpose.

The purpose of the Hazardous Waste Act is to help ensure the maintenance of the quality of the state's environment; to confer optimum health, safety, comfort and economic and social well-being on its inhabitants; and to protect the proper utilization of its lands.
History:
1953 Comp., § 12-9B-2, enacted by Laws 1977, ch. 313, § 2.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4 - Hazardous Wastes › Section 74-4-3.1 - Application of act.

Nothing in the Hazardous Waste Act shall be construed to apply to any activity or substance which is subject to the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1251 et seq.), the Safe Drinking Water Act, as amended, (42 U.S.C. 300f et seq.) or the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2011 et seq.) except to the extent that such application or regulation is not inconsistent with the requirements of such acts; nor shall the Hazardous Waste Act apply to the treatment, storage or disposal of wastes under a permit issued pursuant to the Surface Mining Act [Chapter 69, Article 25A NMSA 1978] or the federal Surface Mining Control and Reclamation Act of 1977, as amended, or to any farmer disposing of waste pesticides from his own use, provided 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.
History:
1978 Comp., § 74-4-3.1, enacted by Laws 1981 (1st S.S.), ch. 8, § 3.
ANNOTATIONS
Compiler's notes.
— The Federal Water Pollution Control Act, referred to near the beginning of this section, has been superseded by the Water Pollution Control Act, which appears as 33 U.S.C. § 1251 et seq.
Cross references.
— For the federal Surface Mining Control and Reclamation Act of 1977,
see
30 U.S.C. § 1201 et seq.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4 - Hazardous Wastes › Section 74-4-3.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 4, § 1 repealed 74-4-3.2 NMSA 1978, as enacted by Laws 1987, ch. 179, § 2, relating to application of Hazardous Waste Act to the waste isolation pilot plant, effective February 23, 1989.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4 - Hazardous Wastes › Section 74-4-3.3 - Hazardous wastes of other states.

In addition to the meaning of hazardous waste as defined in Section 74-4-3 NMSA 1978, the term "hazardous waste" as used in the Hazardous Waste Act may include any material imported into the state of New Mexico for the purpose of disposal which is defined or classified as hazardous waste in the state of origin.
History:
1978 Comp., § 74-4-3.3, enacted by Laws 1989, ch. 255, § 1.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4 - Hazardous Wastes › Section 74-4-4.1 - Hazardous agricultural waste; duties and responsibilities of the department of agriculture.

A. The department of agriculture shall be responsible for the enforcement of all board regulations adopted pursuant to the Hazardous Waste Act regarding generators of hazardous agricultural waste. The division shall enforce those board regulations pertaining to transporters, treaters, storers and disposers of hazardous agricultural waste.
B. In the exercise of the responsibility prescribed in Subsection A of this section, the department of agriculture shall have the same authority as that delegated to the division, including the director.
C. In the adoption of regulations pertaining to hazardous agricultural waste, the board shall make a reasonable effort to consult with the department of agriculture prior to the adoption of the regulations. The department of agriculture shall serve as the technical consultant to the board on matters concerning hazardous agricultural waste.
History:
1978 Comp., § 74-4-4.1, enacted by Laws 1981 (1st S.S.), ch. 8, § 5; 1989, ch. 322, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Common-law strict liability in tort of prior landowner or lessee to subsequent owner for contamination of land with hazardous waste resulting from prior owner's or lessee's abnormally dangerous or ultrahazardous activity, 13 A.L.R.5th 600.
Recovery of punitive damages for injuries resulting from transport, handling, and storage of toxic or hazardous substances, 39 A.L.R.5th 763.
State or local regulation of transportation of hazardous materials as pre-empted by Hazardous Materials Transportation Act (49 U.S.C.S. § 1801 et seq.), 78 A.L.R. Fed. 289.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4 - Hazardous Wastes › Section 74-4-4.6 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Cross 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4 - Hazardous Wastes › Section 74-4-6 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross references.
— For definitions of "director" and "division,"
see
74-4-3 NMSA 1978.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 1991 amendment,
effective April 4, 1991, substituted "74-4A-1" for "74-4A-2".
2023 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.
ANNOTATIONS
The 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).
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4A - Radioactive Materials › Section 74-4A-5 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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; transportation; homeland security and emergency management; and Indian affairs or their designees and the commissioner of public lands or the commissioner's designee. The chair and vice chair of the committee, or their designees from the committee, shall be advisory members of the task force. The state fire marshal or the state fire marshal's designee shall serve as a nonvoting 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; 2023, ch. 25, § 1.
ANNOTATIONS
Cross 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.
Compiler's notes.
— Pursuant to N.M. Const., art. IV, § 23, Laws 2023, ch. 25 did not pass with the required two-thirds vote of each house. Therefore, the effective date of Laws 2023, ch. 25, §§ 1 to 3 was June 16, 2023.
The 2023 amendment,
effective June 16, 2023, revised the composition of the radioactive waste consultation task force; and after "public safety", deleted "and highway and", after "transportation", added "homeland security and emergency management; and Indian affairs", and after "or their designees", added "and the commissioner of public lands or the commissioner's designee".
The 2001 amendments,
effective June 1, 2001, 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 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.
2023 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 and private 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 at least annually with the committee and keep the committee apprised of all actions taken by the task force.
F. The authority of the task force and its actions and those of state agencies with respect to federal or privately operated disposal or storage facilities are subject to the limitations contained in federal law and shall be consistent with federal law.
History:
Laws 1979, ch. 380, § 6; 1991, ch. 2, § 4; 2023, ch. 25, § 2.
ANNOTATIONS
Compiler's notes.
— Pursuant to N.M. Const., art. IV, § 23, Laws 2023, ch. 25 did not pass with the required two-thirds vote of each house. Therefore, the effective date of Laws 2023, ch. 25, §§ 1 to 3 was June 16, 2023.
The 2023 amendment,
effective June 16, 2023, provided that the authority of the radioactive waste consultation task force and its actions and those of state agencies with respect to federal or privately operated disposal or storage facilities are subject to the limitations contained in federal law and shall be consistent with federal law; in Subsection C, after "federal", added "and private"; and added Subsection F.
The 1991 amendment,
effective January 30, 1991, deleted "or its designee" following "The task force" near the beginning of Subsection A.
2023 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4A - Radioactive Materials › Section 74-4A-10 - Membership; appointment; vacancies.

A. The committee shall be composed of twelve members. The legislative council shall appoint six members from the house of representatives and six members from the senate and may include members of the council, notwithstanding the provisions of Subsection D of Section 2-3-3 NMSA 1978. At the time of making the appointments, the legislative council shall designate the chairman and vice chairman of the committee. Members shall be appointed from each house so as to give the two major political parties in each house the same proportionate representation on the committee as prevails in each house; provided that in no event shall either of such parties have less than one member from each house on the committee. Vacancies on the committee shall be filled by the legislative council.
B. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects such action.
History:
Laws 1979, ch. 380, § 9; 1991, ch. 2, § 6.
ANNOTATIONS
Cross references.
— For the legislative council,
see
2-3-1 NMSA 1978.
The 1991 amendment,
effective January 30, 1991, in Subsection A, substituted "twelve members" for "eight members" in the first sentence, "six members" for "four members" in two places in the second sentence, and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4A - Radioactive Materials › Section 74-4A-11 - Committee duties.

At the beginning of each interim, the committee shall hold one organizational meeting to develop a work plan and budget for the period prior to January 1 preceding the next regular session of the legislature. The work plan and budget shall be submitted to the New Mexico legislative council for approval. Upon approval of the work plan and budget by the legislative council, the committee shall examine all matters relevant to the purposes of the Radioactive and Hazardous Materials Act and shall submit recommended legislation, together with a report on the activities and expenditures of the committee, to the legislature. In making recommendations, the committee shall review and monitor the following areas:
A. the generation, treatment, storage, transportation or disposal of radioactive or hazardous materials and wastes;
B. the control and handling of mixed waste transported to the waste isolation pilot plant site for disposal;
C. the progress and effectiveness of remediation actions at sites contaminated by radioactive or hazardous materials;
D. the compliance with the environmental protection agency, the council on environmental quality and the office of surface mining regulations and standards pursuant to federal environmental statutes;
E. the provision of activities and investigations and the dissemination of information by the environmental evaluation group; however, nothing in the Radioactive and Hazardous Materials Act shall be construed to limit the independent technical review and evaluation by that group of the impact on health and safety of the waste isolation pilot plant;
F. the disposition of uranium mine and mill tailings;
G. the means through which disposition of low-level wastes may be accomplished, such as participation in a regional compact with other states;
H. the state emergency response capability;
I. the Ground Water Protection Act [Chapter 74, Article 6B NMSA 1978], in cooperation with other legislative committees, regarding the use or management of storage tanks and releases;
J. the Hazardous Chemicals Information Act [Chapter 74, Article 4E NMSA 1978], in cooperation with other legislative committees; and
K. such matters assigned by the legislature and consultations and negotiations with the federal government and other state governments or their representatives and agreements and revisions thereto.
History:
Laws 1979, ch. 380, § 10; 1981, ch. 374, § 5; 1986, ch. 61, § 7; 1991, ch. 2, § 7; 2001, ch. 325, § 11.
ANNOTATIONS
Cross references.
— For legislative council,
see
2-3-1 NMSA 1978.
The 2001 amendment,
effective July 1, 2001, inserted "New Mexico" preceding "legislative council" in the preliminary language; and deleted "underground" preceding "storage tanks" in Subsection I.
The 1991 amendment,
effective January 30, 1991, substituted "review and monitor" for "consider" in the last sentence of the first paragraph and rewrote the balance of the section to the extent that a detailed comparison would be impracticable.