2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 13 - Recycling and Illegal Dumping Act › Section 74-13-3 - Definitions.

As used in the Recycling and Illegal Dumping Act:
A. "abatement" means to reduce in amount, degree or intensity or to eliminate;
B. "agricultural use" means the beneficial use of scrap tires in conjunction with the operations of a farm or ranch that includes construction projects and aids in the storage of feed;
C. "alliance" means the recycling and illegal dumping alliance;
D. "board" means the environmental improvement board;
E. "civil engineering application" means the use of scrap tires or other recycled material in conjunction with other aggregate materials in engineering applications;
F. "composting" means the process by which biological decomposition of organic material is carried out under controlled conditions and the process stabilizes the organic fraction into a material that can be easily and safely stored, handled and used in an environmentally acceptable manner;
G. "cooperative association" means a refuse disposal district created pursuant to the Refuse Disposal Act [4-52-1 to 4-52-10, 4-52-11 to 4-52-15 NMSA 1978], a sanitation district created pursuant to the Water and Sanitation District Act [Chapter 73, Article 21 NMSA 1978], a special district created pursuant to the Special District Procedures Act [4-53-1 to 4-53-11 NMSA 1978] or other associations created pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] or the Solid Waste Authority Act [74-10-1 to 74-10-100 NMSA 1978];
H. "department" means the department of environment;
I. "dispose" means to deposit scrap tires or solid waste into or on any land or water;
J. "household" means any single and multiple residence, hotel or motel, bunkhouse, ranger station, crew quarters, campground, picnic ground or day-use recreation area;
K. "illegal dumping" means disposal of trash, scrap tires or any solid waste in a manner that violates the Solid Waste Act [74-9-1 to 74-9-43 NMSA 1978] or the Recycling and Illegal Dumping Act;
L. "illegal dumpsite" means a place where illegal dumping has occurred except as stated in Subsection A of Section 4 [74-13-4 NMSA 1978] of the Recycling and Illegal Dumping Act;
M. "market development" means activities to expand or create markets for recyclable and reusable materials;
N. "motor vehicle" means a vehicle or device that is propelled by an internal combustion engine or electric motor power that is used or may be used on the public highways for the purpose of transporting persons or property and includes any connected trailer or semitrailer;
O. "processing" means techniques to change physical, chemical or biological character or composition of solid waste but does not include composting, transformation or open burning;
P. "recycling" means any process by which recyclable materials are collected, separated or processed and reused or returned to use in the form of raw materials or products;
Q. "reuse" means the return of a commodity into the economic stream without a change to its original form;
R. "scrap tire" means a tire that is no longer suitable for its originally intended purpose because of wear, damage or defect;
S. "scrap tire baling" means the process by which scrap tires are mechanically compressed and bound into block form;
T. "scrap tire generator" means a person who generates scrap tires, including retail tire dealers, retreaders, scrap tire processors, automobile dealers, automobile salvage yards, private company vehicle maintenance shops, garages, service stations and city, county and state government, but does not include persons who generate scrap tires in a household or in agricultural operations;
U. "scrap tire hauler" means a person who transports scrap tires for hire for the purpose of recycling, disposal, transformation or use in a civil engineering application;
V. "secretary" means the secretary of environment;
W. "tire" means a continuous solid or pneumatic rubber covering that encircles the wheel of a motor vehicle;
X. "tire-derived fuel" means whole or chipped tires that produce a low sulfur, high-heating-value fuel;
Y. "tire-derived product" means a usable product produced from the processing of a scrap tire but does not include baled tires;
Z. "tire recycling" means a process in which scrap tires are collected, stored, separated or reprocessed for reuse as a different product or shredded into a form suitable for use in rubberized asphalt or as raw material for the manufacture of other products; and
AA. "tire recycling facility" means a place operated or maintained for tire recycling but does not include:
(1) retail business premises where tires are sold, if no more than five hundred loose scrap tires or two thousand scrap tires, if left in a closed conveyance or enclosure, are kept on the premises at one time;
(2) the premises of a tire retreading business, if no more than three thousand scrap tires are kept on the premises at one time;
(3) premises where tires are removed from motor vehicles in the ordinary course of business, if no more than five hundred scrap tires are kept on the premises at one time;
(4) a solid waste facility having a valid permit or registration issued pursuant to the provisions of the Solid Waste Act [74-9-1 NMSA 1978] or regulations adopted pursuant to that act or registration issued pursuant to the Environmental Improvement Act [Chapter 74, Article 1 NMSA 1978]; or
(5) a site where tires are stored or used for agricultural uses.
History:
Laws 2005, ch. 171, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.