reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4A - Radioactive Materials › Section 74-4A-11.1 - Condition.

A. A person shall not store or dispose of radioactive materials, transuranic contaminated waste or low-level waste in a disposal facility until the state has consented to or concurred in the creation of the disposal facility.
B. A person shall not store or dispose of spent fuel or high-level waste in a disposal facility until:
(1) the state has consented to or concurred in the creation of the disposal facility; and
(2) a repository, as defined in 42 U.S.C. Section 10101(18), is in operation.
C. The state, a political subdivision of the state or an entity or authority created by a joint powers agreement shall not issue, approve or certify a permit, contract, lease or license necessary for the construction or operation of a disposal facility for spent fuel or high-level waste until the conditions of Paragraphs (1) and (2) of Subsection B of this section are met.
D. As used in this section, "disposal facility" means an engineered surface, subsurface or underground facility designed primarily for the temporary, interim or permanent isolation of radioactive materials, radioactive waste or spent fuel other than tailings or other waste from the extraction, beneficiation or processing of ores and minerals.
History:
1978 Comp., § 74-4A-11.1, enacted by Laws 1981, ch. 374, § 6; 1991, ch. 2, § 8; 2023, ch. 25, § 3.
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, prohibited the storage and disposal of radioactive materials, transuranic contaminated waste or low-level waste in a disposal facility until the state has consented to the creation of the disposal facility; prohibited the issuance or certification of a permit for the construction or operation of a disposal facility for spent fuel or high-level waste unless the state has consented to the creation of the disposal facility and a permanent repository is in operation, and revised the definition of "disposal facility"; in Subsection A, deleted "No" and added "A", after "person shall", added "not", after "store or dispose of radioactive materials", deleted "radioactive waste or spent fuel" and added "transuranic contaminated waste or low-level waste", after "until the state has", added "consented to or", and after "creation of the disposal facility", deleted "except as specifically preempted by federal law"; added new Subsections B and C; and in Subsection D, after "engineered", added "surface, subsurface or underground", and after "primarily for the", added "temporary, interim or permanent".
The 1991 amendment,
effective January 30, 1991, substituted "facility" for "subterranean cavern" in the second sentence.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4A - Radioactive Materials › Section 74-4A-12 - Subcommittees.

Subcommittees shall be created only by majority vote of all members appointed to the committee and with the approval of the legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. All meetings and expenditures of a subcommittee shall be approved by the full committee in advance of such meeting or expenditure, and the approval shall be shown in the minutes of the committee.
History:
Laws 1979, ch. 380, § 11.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4A - Radioactive Materials › Section 74-4A-13 - Interrelationship with task force.

The committee shall meet regularly to review the work of, and work with, the task force. Prior to the state's acceptance of any agreement, the committee shall review and advise the task force of committee concerns and recommendations regarding all agreements negotiated by or in the name of the task force. Executive reports from the task force shall be presented annually at the first committee meeting following the close of the regular legislative session each year.
History:
Laws 1979, ch. 380, § 12; 1991, ch. 2, § 9.
ANNOTATIONS
The 1991 amendment,
effective January 30, 1991, added the second and third sentences.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4A - Radioactive Materials › Section 74-4A-15 to 74-4A-19 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 2, § 10 repealed 74-4A-15 to 74-4A-19 NMSA 1978, as enacted by Laws 1981, ch. 253, §§ 1-5, relating to the Site Identification Act, effective January 30, 1991. For provisions of former sections,
see
the 1990 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-1 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-1 NMSA 1978 as 12-12-17 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-2 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-2 NMSA 1978 as 12-12-18 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-3 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-3 NMSA 1978 as 12-12-19 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-4 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-4 NMSA 1978 as 12-12-20 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-5 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-5 NMSA 1978 as 12-12-21 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-6 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-6 NMSA 1978 as 12-12-22 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-6.1 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-6.1 NMSA 1978 as 12-12-23 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-7 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-7 NMSA 1978 as 12-12-24 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-8 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-8 NMSA 1978 as 12-12-25 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-9 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-9 NMSA 1978 as 12-12-26 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-10 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-10 NMSA 1978 as 12-12-27 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-10.1 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-10.1 NMSA 1978 as 12-12-28 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1989, ch. 149, § 16 repealed 74-4B-11 NMSA 1978, as enacted by Laws 1983, ch. 80, § 11, relating to report of task force to committee governor and legislature, effective July 1, 1989.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991, ch. 44, § 3 repealed 74-4B-12 NMSA 1978, as enacted by Laws 1988, ch. 14, § 6, relating to the emergency response fund, effective July 1, 1991. For provisions of former section,
see
the 1990 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-13 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-13 NMSA 1978 as 12-12-29 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4B - Emergency Management (Repealed, Recompiled.) › Section 74-4B-14 - Recompiled.

ANNOTATIONS
Recompilation.
— Laws 2005, ch. 22, § 4 recompiled former 74-4B-14 NMSA 1978 as 12-12-30 NMSA 1978, effective July 1, 2005.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4C - Hazardous Waste Feasibility Studies › Section 74-4C-1 - Short title.

This act [74-4C-1 to 74-4C-4 NMSA 1978] may be cited as the "Hazardous Waste Feasibility Study Act".
History:
Laws 1985 (1st S.S.), ch. 4, § 1.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4C - Hazardous Waste Feasibility Studies › Section 74-4C-2 - Findings.

A. The legislature recognizes that there is a growing need to identify the magnitude of hazardous waste generation in New Mexico and sites at which materials classified as hazardous wastes can be treated or disposed of. The selection of sites for such hazardous waste activities is a complex technical, environmental, logistical, legal and institutional problem because of the many interdependent factors that must be considered.
B. The legislature further finds that public understanding of the importance of safe treatment and disposal of hazardous wastes is critical in addressing New Mexico's hazardous waste problem.
C. The legislature further finds that, because of the 1984 reauthorization and amendments to the federal Resource Conservation and Recovery Act, an increased number of hazardous waste generators throughout the state will be regulated and therefore a greater economic burden will fall upon these entities.
History:
Laws 1985 (1st S.S.), ch. 4, § 2.
ANNOTATIONS
Cross references.
— For the federal Resource Conservation and Recovery Act,
see
42 U.S.C. § 6901 et seq.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4C - Hazardous Waste Feasibility Studies › Section 74-4C-4 - Hazardous waste feasibility study.

A. The committee, after consultation with the division as to the scope of the study, shall contract with public or private entities to study the magnitude of the problem of hazardous waste generation and disposal in New Mexico, including current and projected hazardous waste generation rates. If the committee determines that generation rates and transportation costs for out-of-state disposal are significant, the study shall address the need, location, conceptual design, ownership and estimated cost of a hazardous waste transfer facility to be located within the state. The facility should be capable of handling both small and large quantities of hazardous wastes. The committee shall provide for public hearing and input during the conduct of the study.
B. If the committee determines that there is a need for one or more hazardous waste transfer and waste exchange facilities, it shall make appropriate recommendations to the legislature.
History:
Laws 1985 (1st S.S.), ch. 4, § 4.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4D - Petroleum Storage Cleanup (Repealed.) › Section 74-4D-1 to 74-4D-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 124, § 23 repealed 74-4D-1 to 74-4D-8, as enacted by Laws 1988, ch. 70, §§ 1 to 7 and 12, and as amended by Laws 1989, ch. 324, § 38, and Laws 1989, ch. 305, §§ 1 and 2, relating to petroleum storage cleanup, effective July 1, 1990. For provisions of former sections,
see
the 1989 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4E - Hazardous Chemicals Information Act › Section 74-4E-1 - Short title.

Chapter 74, Article 4E NMSA 1978 may be cited as the "Hazardous Chemicals Information Act".
History:
Laws 1989, ch. 149, § 1; 2007, ch. 291, § 32.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4E - Hazardous Chemicals Information Act › Section 74-4E-2 - Purpose of act.

The purpose of the Hazardous Chemicals Information Act is to ensure that current information on the nature and location of hazardous chemicals is available to local emergency planning committees, emergency responders and the public as required by Title III.
History:
Laws 1989, ch. 149, § 2.
ANNOTATIONS
Compiler's notes.
— For the meaning of Title III,
see
Subsection H of 74-4E-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4E - Hazardous Chemicals Information Act › Section 74-4E-3 - Definitions.

As used in the Hazardous Chemicals Information Act:
A. "commission" means the state emergency response commission;
B. "department" means the homeland security and emergency management department;
C. "emergency responder" means any law enforcement officer, firefighter, medical services professional or other person trained and equipped to respond to hazardous chemical releases;
D. "hazardous chemical" means any hazardous chemical, extremely hazardous substance, toxic chemical or hazardous material as defined by Title 3;
E. "facility owner or operator" means any individual, trust, firm, joint stock company, corporation, partnership, association, state agency, municipality or county having legal control or authority over buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites. For the purposes of Section 74-4E-5 NMSA 1978, the term includes owners or operators of motor vehicles, rolling stock and aircraft;
F. "local emergency planning committee" means any local group appointed by the commission to undertake chemical release contingency planning;
G. "release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment of any hazardous chemical, extremely hazardous substance or toxic chemical. "Release" includes the abandonment or discarding of barrels, containers and other closed receptacles; and
H. "Title 3" means the federal Emergency Planning and Community Right-to-Know Act of 1986.
History:
Laws 1989, ch. 149, § 3; 2007, ch. 291, § 33.
ANNOTATIONS
Cross references.
— For the federal Emergency Planning and Community Right-to-Know Act of 1986,
see
42 U.S.C. §§ 11001 to 11005, 11021 to 11023, and 11041 to 11050.
The 2007 amendment,
effective July 1, 2007, redefined "department" to mean the homeland security and emergency management department.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4E - Hazardous Chemicals Information Act › Section 74-4E-4 - Commission created; membership; terms; duties; immunity granted.

A. The "state emergency response commission" is created. The commission shall consist of seven members who shall be qualified voters of the state of New Mexico. All members shall be appointed by the governor. Among the members appointed, there shall be representatives of private industry, federal facilities, public health and public safety. Appointments shall be made for four-year terms to expire on January 1 of the appropriate year. Commission members shall serve staggered terms as determined by the governor at the time of their initial appointments. Annually, the governor shall designate, from among the members, a chair of the commission.
B. The commission shall:
(1) exercise supervisory authority to implement Title 3 within New Mexico;
(2) prescribe all reporting forms required by the Hazardous Chemicals Information Act;
(3) provide direction to the hazardous materials safety board;
(4) report periodically to the radioactive and hazardous materials committee; and
(5) report annually to the governor and the legislature.
C. The commission may solicit and accept grants from federal or private sources for undertakings that further the purpose of the Hazardous Chemicals Information Act and may make contracts necessary to carry out the purpose of that act.
D. Commission members shall not vote by proxy. A majority of the members constitute a quorum for the conduct of business.
E. Commission members shall not be paid, but shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
F. Immunity from tort liability for emergency response actions, including planning or preparation therefor, is granted to the state, its subdivisions and all their agencies, officers, agents and employees. Any waiver of immunity from tort liability granted under the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978] shall not be applicable to disaster or emergency response or planning.
History:
Laws 1989, ch. 149, § 4; 2007, ch. 291, § 34.
ANNOTATIONS
Compiler's notes.
— For the meaning of Title III,
see
Subsection H of 74-4E-3 NMSA 1978.
The 2007 amendment,
effective July 1, 2007, eliminated references to the emergency management task force and the Emergency Management Act.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4E - Hazardous Chemicals Information Act › Section 74-4E-5 - Notices and reports required; deadlines set.

A. Any facility owner or operator who is required by any section of Title III to file a written notice or report to the commission shall file that notice or report on or before the required deadline with the department. With the exception of the written follow-up emergency notice required in Section 304(c) of Title III, all notices shall be filed annually and shall confirm or amend information previously filed. Facility owners or operators shall file with the department:
(1) notice that an extremely hazardous substance, at or above a specified quantity, is present at a facility;
(2) notice that a release of any chemical substance has occurred at or above reportable quantities determined by the commission. The contents of the notice shall be determined by the commission. The notice shall be filed as soon as practicable following a release;
(3) an inventory form covering each hazardous material. This form shall be filed annually on or before March 1; and
(4) a toxic chemical release inventory form. This reporting requirement shall apply to facility owners and operators that have ten or more employees and that are in standard industrial classification codes 20 through 39, as in effect July 1, 1985. The form shall be filed annually on or before July 1.
B. The commission may simplify forms to be used for reporting, set deadlines for filing written notices or reports and adopt other regulations for the enforcement of the Hazardous Chemicals Information Act.
History:
Laws 1989, ch. 149, § 5.
ANNOTATIONS
Compiler's notes.
— For the meaning of Title III,
see
Subsection H of 74-4E-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4E - Hazardous Chemicals Information Act › Section 74-4E-6 - Availability of information to the public; regulations promulgated.

A. The department shall make information, not defined as confidential, gathered under Section 5 [74-4E-5 NMSA 1978] of the Hazardous Chemicals Information Act available to any citizen of the state upon written request.
B. The department shall promulgate policies and procedures for receiving and processing requests for information under Subsection A of this section.
History:
Laws 1989, ch. 149, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 37A Am. Jur. 2d Freedom of Information Acts § 41 et seq.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4E - Hazardous Chemicals Information Act › Section 74-4E-7 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2006, ch. 62, § 3 made the provisions of this section effective July 1, 2006.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4H - San Juan Generating Station Facility and Mine Remediation and Restoration Study › Section 74-4H-1 - Short title.

This act [74-4H-1 to 74-4H-4 NMSA 1978] may be cited as the "San Juan Generating Station Facility and Mine Remediation and Restoration Study Act".
History:
Laws 2023, ch. 185, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 185, § 5 made Laws 2023, ch. 185, § 1 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4H - San Juan Generating Station Facility and Mine Remediation and Restoration Study › Section 74-4H-2 - Definitions.

As used in the San Juan Generating Station Facility and Mine Remediation and Restoration Study Act:
A. "generating facility" means the abandoned coal-fired San Juan generating station in New Mexico;
B. "mine" means the mine associated with the generating facility;
C. "reclamation" means the rehabilitation of the generating facility and mine to make the generating facility and mine acceptable for post-mining purposes that protect the natural resources and aesthetic value of adjoining areas;
D. "remediation" means the process of reversing or stopping environmental damage;
E. "restoration" means the process of restoring site conditions to the state they were in before generating facility and mining disturbances; and
F. "toxic metal contaminants" means the federal environmental protection agency's twenty-one identified constituents of concern in coal ash residue leachate, for which the federal environmental protection agency requires ground water monitoring. These constituents include boron, calcium, chloride, pH, sulfate, total dissolved solids, antimony, arsenic, barium, beryllium, cadmium, chromium, cobalt, fluoride, lead, lithium, mercury, molybdenum, selenium, thallium and radium 226 and 228.
History:
Laws 2023, ch. 185, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 185, § 5 made Laws 2023, ch. 185, § 2 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 4H - San Juan Generating Station Facility and Mine Remediation and Restoration Study › Section 74-4H-4 - Authorization to contract with outside professionals to assist in the remediation and restoration study.

The energy, minerals and natural resources department and the department of environment are authorized to contract with environmental engineers, hydrologists, geochemists and other professionals or consultants as needed to perform a rigorous study of the generating facility and mine to:
A. investigate and determine the extent of any environmental contamination;
B. create an independent restoration and remediation plan to remediate and prevent environmental contamination and impacts to ground water with long-term, measurable cleanup and performance standards; and
C. address the probability of adverse effects to human health and community resilience, particularly resulting from ground water contamination.
History:
Laws 2023, ch. 185, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 185, § 5 made Laws 2023, ch. 185, § 4 effective July 1, 2023.
2023 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 5 - Aerosol Products › Section 74-5-2 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Delayed 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.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6 - Water Quality › Section 74-6-5.2 - Water quality management fund created.

There is created in the state treasury the "water quality management fund" to be administered by the department of environment. All fees collected pursuant to the regulations adopted by the commission under Subsection H [J] of Section 74-6-5 NMSA 1978 shall be deposited in the fund. Money in the fund is appropriated to the department of environment for the purpose of administering the regulations adopted by the commission pursuant to Section 74-6-5 NMSA 1978. 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 1993, ch. 100, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1993, ch. 291, § 5 rewrote 74-6-5 NMSA 1978, moving the provisions relating to fees to Subsection J, effective June 18, 1993.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 6 - Water Quality › Section 74-6-8 - Duties of constituent agencies.

Each constituent agency shall administer regulations adopted pursuant to the Water Quality Act, responsibility for the administration of which has been assigned to it by the commission.
History:
1953 Comp., § 75-39-7, enacted by Laws 1967, ch. 190, § 7.
ANNOTATIONS
Commission may delegate authority to administer regulations.
— Where the commission gives the environmental improvement division the authority to administer certain regulations, there is no unlawful delegation of authority.
Kerr-McGee Nuclear Corp. v. New Mexico Water Quality Control Comm'n
, 1982-NMCA-015, 98 N.M. 240, 647 P.2d 873.
Law reviews.
— For article, "The Assurance of Reasonable Toxic Risk?," see 24 Nat. Resources J. 549 (1984).