2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-14 - Division; powers and duties.

The division is responsible for the enforcement and implementation of the regulations adopted by the board pursuant to the Solid Waste Act. In addition to its other powers and duties under the Solid Waste Act and other laws, the division, through its director and in accordance with his delegation of authority, shall:
A. develop and implement, in consultation with local governments, the private sector and members of the public, the comprehensive solid waste management program defined in Section 74-9-12 NMSA 1978, and update the program at least every three years;
B. provide technical assistance on solid waste management matters to counties, municipalities and other persons and cooperate with appropriate federal agencies and private organizations in carrying out the provisions of the Solid Waste Act;
C. promote the planning and application of source reduction, recycling and solid waste facility siting systems that preserve and enhance the quality of the air, water and other natural resources of the state;
D. assist in and encourage, where appropriate, the development of regional solid waste management;
E. provide the economic development department with technical assistance to enable it to encourage and support the development within the state of commercial enterprises that:
(1) produce a minimum of solid waste;
(2) engage in source reduction and recycling activities; or
(3) promote market activity and develop products made of recycled materials;
F. using the state institutions of higher education, solid waste management personnel from local governments, the private sector and other organizations, conduct research, and solicit public input in the research process, on alternative, economically feasible, cost-effective and environmentally safe solid waste management methods;
G. develop information, in consultation with the economic development department, state highway and transportation department and any other appropriate state agencies, on markets and strategies for market development and expansion for recyclable materials; maintain a directory of recycling businesses operating in the state; and serve as a coordinator to match recycled materials with markets;
H. in cooperation and coordination with the general services department, develop and manage a program of grants for source reduction and recycling programs;
I. cooperate with the state highway and transportation department and private organizations engaged in beautification programs in the development of a litter control program;
J. advise the board about ground water protection devices, air quality monitoring devices and other devices or measures that may be required as a result of solid waste management operations;
K. increase public education and public awareness of solid waste issues by developing and promoting statewide programs of litter control, recycling, source reduction and proper methods of solid waste management;
L. encourage public participation in rule-making processes regarding solid waste management;
M. determine monitoring requirements for solid waste facilities;
N. contract with private sector entities or the state institutions of higher education for implementation of appropriate parts of the solid waste management program described in Section 74-9-12 NMSA 1978;
O. enter into contracts appropriate and necessary to fulfill its responsibilities under the Solid Waste Act;
P. receive funds and accept, receive and administer grants or other funds or gifts from public or private sources, including the state and federal governments, for the purpose of carrying out the provisions of the Solid Waste Act; and
Q. participate in interstate and national initiatives to adopt uniform state laws when practicable and to enter into compacts between the state and other states for the improved management, recycling and source reduction of solid waste.
History:
Laws 1990, ch. 99, § 14; 1991, ch. 21, § 43.
ANNOTATIONS
The 1991 amendment,
effective March 27, 1991, substituted "Section 74-9-12 NMSA 1978" for "Section 12 of the Solid Waste Act" in Subsections A and N and deleted "and tourism" following "department" near the beginning of Subsection E and in Subsection G.