reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-11 - Establishment of solid waste districts; requirements; changing boundaries.

A. After its approval of the plan, the board shall adopt regulations to establish solid waste districts. The districts shall include and be identical with any districts recommended under the provisions of Section 7 [74-9-7 NMSA 1978] of the Solid Waste Act. In establishing districts the board shall take into account all relevant factors, including:
(1) the impact of solid waste disposal on land, water and other resources;
(2) the financial impact on counties and municipalities of constructing and upgrading landfill disposal facilities;
(3) the risks to the environment and to the public health, safety and welfare associated with solid waste;
(4) the costs and risks of the transportation of solid waste;
(5) existing county and municipal boundaries in the state and commercial, industrial, transportation and population centers both within the state and those that include areas within and outside of the state; and
(6) consideration of existing landfill disposal agreements, service areas, facilities and collection systems.
B. The board shall district the whole state, and solid waste district boundaries shall be contiguous within the state. Boundaries may cross state lines. The boundaries of a district shall not be altered without board approval. Any person may petition the board for realignment of district boundaries. The board shall act on any petition for realignment of district boundaries within six months of the submission of the petition.
C. The boundaries of a solid waste district need not be county or municipal boundaries. Counties and municipalities may be divided by district boundaries with each part in a different district as long as the districts are contiguous.
History:
Laws 1990, ch. 99, § 11.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-12 - Comprehensive state solid waste management program.

A. A comprehensive state solid waste management program consistent with the plan shall be designed by the director by December 1, 1993 and shall be fully implemented by July 1, 1994. The program shall be reexamined at least once every three years by the director for management and operational compliance and efficiency and to validate compliance with the applicable requirements of the federal statutes and regulations.
B. The program shall be designed to achieve the following objectives:
(1) reduction, recycling, collection, transportation, storage, separation, transformation and disposal of solid waste throughout the state;
(2) coordinated regional activity for solid waste management within a solid waste district;
(3) positive proposals for local action to correct deficiencies in present solid waste management processes;
(4) financial, planning and technical assistance to counties and municipalities, state agencies and other persons to achieve cost-effective reduction, recycling, transformation and disposal of solid waste and environmentally safe solid waste management practices; and
(5) the education of the general public and the education and training of individuals involved in solid waste management to assure proper solid waste management.
C. The program shall identify detailed actions that could be taken by designated persons or organizations to achieve the objectives stated in Subsection B of this section.
History:
Laws 1990, ch. 99, § 12; 1991, ch. 185, § 3; 1991, ch. 194, § 4.
ANNOTATIONS
1991 amendments.
— Identical amendments to this section were enacted by Laws 1991, ch. 185, § 3 and Laws 1991, ch. 194, § 4, effective June 14, 1991, which substituted "December 1, 1993" for "December 1, 1992" and "July 1, 1994" for "July 1, 1993" in the first sentence in Subsection A. The section was set out as amended by Laws 1991, ch. 194, § 4.
See
12-1-8 NMSA 1978.
Terms of permits during transition.
— Since the relevant 1989 regulation states: "The director shall not issue any permit for a period longer than 10 years, which may be renewed," 203.A, 1989 Regs, it is clear that nothing in the regulation mandates that permits should be granted for the maximum period of time; in fact, the regulation by its plain language authorizes permits for less than a 10-year period. Further, the secretary (now director), in her discretion, could choose to implement the comprehensive solid waste management plan by reviewing all solid waste landfills through the application process within a shorter period of time than 10 years. For these reasons, the five-year permit was proper.
Joab, Inc. v. Espinosa
, 1993-NMCA-113, 116 N.M. 554, 865 P.2d 1198.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-13 - Comprehensive state solid waste management report.

The director shall prepare by July 1, 1994, and annually thereafter, a report for the legislature on the status of solid waste management efforts in the state. The report shall include, at a minimum:
A. the status of, implementation of and compliance with the Solid Waste Act;
B. a comprehensive analysis, to be updated in each report, of solid waste generation and disposal in the state projected for a twenty-year period beginning on the effective date of the Solid Waste Act;
C. the total amounts of solid waste generated, recycled and disposed of and the methods of solid waste reduction, recycling and disposal used during the calendar year prior to the year in which the report is published;
D. an evaluation of the development and implementation of local solid waste management programs;
E. an evaluation of the success in meeting the solid waste reduction goals established in Section 74-9-6 NMSA 1978;
F. recommendations concerning existing and potential programs for source reduction and recycling that would be appropriate for the state, its agencies and political subdivisions to implement to meet the requirements of the Solid Waste Act;
G. an evaluation of the markets for recycled materials and the success of state, local and private industry efforts to enhance the markets for those materials, including the results of any procurement requirements of the Solid Waste Act;
H. the results of any recycling demonstration programs; and
I. recommendations to the governor and the legislature to improve the comprehensive management of solid waste in this state.
History:
Laws 1990, ch. 99, § 13; 1991, ch. 194, § 5.
ANNOTATIONS
Compiler's notes.
— The phrase, "effective date of the Solid Waste Act", means March 5, 1990, the effective date of Laws 1990, ch. 99.
The 1991 amendment,
effective June 14, 1991, substituted "July 1, 1994" for "July 1, 1993" in the first sentence and "Section 74-9-6 NMSA 1978" for "Section 6 of the Solid Waste Act" in Subsection E.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-15 - Specific program; state government source reduction and recycling.

A. The division shall cooperate with the general services department in its assessment of the status of recycling efforts undertaken directly by state government for its own solid waste and its evaluation of existing programs and its development of necessary recycling programs to reduce the generation of solid waste by state government. The programs shall include recycling of office papers, cardboard, used motor oil, yard waste and other materials produced by the state for which recycling markets exist or may be developed.
B. Each state agency and the legislature shall prepare a source reduction and recycling plan addressing the requirements of Subsections C and D of this section. Each agency plan shall be submitted for approval to the general services department on or before December 31, 1991, consistent with the goals and guidelines of this section, the goals stated in Subsection J of Section 6 [74-9-6 NMSA 1978] of the Solid Waste Act and the state plan. Agency plans shall be updated biennially to increase the amount of solid waste recycled by taking advantage of any changed circumstances. Updated plans shall be submitted to the general services department for approval prior to adoption.
C. By July 1, 1992, each state agency and the legislature shall establish and implement a source separation and collection program for recyclable materials produced as a result of agency operations, including, at a minimum, high grade paper, corrugated paper and glass. The source separation and collection program shall include, at a minimum, procedures for collecting and storing recyclable materials and contractual and other arrangements with buyers. Each agency shall appoint a recycling coordinator and shall conduct educational programs about the recycling program for its employees.
D. By July 1, 1992, each state agency shall establish and implement a source reduction program for materials used in the course of agency operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of agency operations.
History:
Laws 1990, ch. 99, § 15.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-16 - Specific program; post-secondary educational institutions source reduction and recycling.

A. Each post-secondary educational institution shall prepare a source reduction and recycling plan addressing the requirements of Subsections B and C of this section. Each institution's plan shall be submitted for approval to the secretary of general services on or before December 31, 1991, consistent with the goals and guidelines of this section, the goals stated in Subsection J of Section 6 [74-9-6 NMSA 1978] of the Solid Waste Act and the state plan. Institution plans shall be updated biennially to increase the amount of solid waste recycled by taking advantage of any changed circumstances. Updated plans shall be submitted to the secretary of general services for approval prior to adoption.
B. By July 1, 1992, each institution shall establish and implement a source separation and collection program for recyclable materials, including at a minimum, high grade paper, corrugated paper and glass. The source separation and collection program shall include procedures for collecting and storing recyclable materials and contractual and other arrangements with buyers. Each institution shall appoint for each campus a recycling coordinator and shall conduct educational programs for students and employees about the recycling program.
C. By July 1, 1992, each post-secondary educational institution shall establish and implement a source reduction program for solid waste used in the course of its operations. The program shall be designed and implemented to achieve the maximum feasible reduction of solid waste generated as a result of the institution's operations.
D. By July 1, 1992, each post-secondary educational institution shall include in its source reduction and recycling program a composting component.
History:
Laws 1990, ch. 99, § 16.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-17 - Specific program; education to promote source reduction and recycling.

A. The division, in cooperation with the state department of public education, shall develop an educational program for the public in support of the state source reduction and recycling goals to promote source reduction and recycling efforts at the individual, local, regional and state levels.
B. The division shall develop and disseminate educational material designed to establish broad public understanding of, and compliance with, the state's source reduction and recycling goals.
History:
Laws 1990, ch. 99, § 17.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-18 - Specific program; household hazardous waste management.

A. No later than July 1, 1990, the director shall designate a household hazardous waste coordinator within the division to advise and assist counties, municipalities and other governmental entities that have implemented programs for household hazardous waste management.
B. The division shall provide technical assistance to counties, municipalities and other governmental entities that establish household hazardous waste management programs.
C. The division shall develop and implement a public information program to provide uniform and consistent information on the proper disposal of household hazardous waste. The program may include information, consistent with product labeling, on the proper use and storage of household products that contain hazardous substances.
D. The public information program shall be designed to provide uniform responses to public inquiries about household hazardous substances and household hazardous waste.
E. The public information program shall include the development of informative materials that may be used by counties, municipalities and other governmental entities in conjunction with household hazardous waste collection. The informative materials shall be prepared with the intent of promoting consistency in how household hazardous wastes are defined, collected and disposed of in household hazardous waste management programs.
History:
Laws 1990, ch. 99, § 18.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-19 - Specific program; procurement of recycled supplies and materials.

A. The state purchasing agent and each central purchasing office, as defined in the Procurement Code [13-1-28 to 13-1-199 NMSA 1978], shall establish specifications, policies and practices that assure whenever supplies and materials that are composed in whole or in part of recycled materials are available for purchase and are shown by the seller, supplier or manufacturer to be equal in quality and are offered at a price not more than five percent higher than that of the supplies and materials not composed in whole or in part of recycled materials, the state purchasing agent and each central purchasing office shall purchase those supplies and materials composed in whole or in part of recycled materials.
B. In writing the specifications required under this section, the state purchasing agent and each central purchasing office shall incorporate requirements for the purchase of products made from recycled materials if their use is technically and economically feasible. The specifications shall include requirements for the purchase of the following materials:
(1) paper and paper products;
(2) plastic and plastic products;
(3) glass and glass products;
(4) motor oil and lubricants;
(5) construction materials, including insulating materials and paving materials;
(6) furnishings, including rugs, carpets and furniture;
(7) highway equipment, including signs, signposts, reflectors, guardrails, lane dividers and barricades; and
(8) compost.
History:
Laws 1990, ch. 99, § 19.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-20 - Solid waste facility permit; application; information required.

A. Except as provided in Section 73 of the Solid Waste Act, no person shall construct, operate or close a solid waste facility without first obtaining a permit from the director for the described activity.
B. An application for a permit shall be in a form and contain the information required by the director, including all information necessary for the director to make a decision on the application pursuant to Section 24 [74-9-24 NMSA 1978] of the Solid Waste Act.
C. If at any time during the existence of a permit a change in the ownership or management of a nongovernmental permittee or of a person operating a permitted facility owned by a governmental entity occurs, the permittee or operator shall submit a complete description of the change to the director within thirty days of the date the change occurs. The permittee or operator shall also comply with all requirements of this section and Section 21 [74-9-21 NMSA 1978] of the Solid Waste Act.
History:
Laws 1990, ch. 99, § 20.
ANNOTATIONS
Compiler's notes.
— Laws 1990, ch. 99 enacted Sections 1 to 42 and 72 and 73, which constitute the Solid Waste Act. Section 73 was a savings clause that was not compiled.
Application sufficient.
— The application in this case contained the necessary information, since neither the Act nor the regulations mandate that specific information about the liner and leachate collection system be contained in the application.
Joab, Inc. v. Espinosa
, 1993-NMCA-113, 116 N.M. 554, 865 P.2d 1198.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-23 - Solid waste facility permit; when application deemed complete; notice of hearing.

A. An application for a solid waste facility permit under the provisions of Section 20 [74-9-20 NMSA 1978] of the Solid Waste Act shall be deemed complete when the director has received all information required under that section and Section 21 [74-9-21 NMSA 1978] of the Solid Waste Act. At any time during the application process that the director determines that additional information is required from an applicant or that information furnished is incomplete, he shall notify the applicant in writing within ten days of the date that determination is made.
B. Within sixty days of the director's determination that a permit application is complete, the director shall set a date, time and location for a hearing on the application and give notice of the hearing date, time and location and a brief description of the application in the same manner as required in Section 22 [74-9-22 NMSA 1978] of the Solid Waste Act and to any person who makes a written request to the director for notice regarding a specific application. Except as otherwise provided in this section, hearings shall be conducted in accordance with the provisions of Section 29 [74-9-29 NMSA 1978] of the Solid Waste Act.
History:
Laws 1990, ch. 99, § 23.
ANNOTATIONS
Public participation encouraged.
— The secretary (now director) must use discretion in implementing the Solid Waste Act and its regulations in order to encourage public participation in the permitting process.
Colonias Dev. Council v. Rhino Envtl. Svcs., Inc.
, 2005-NMSC-024, 138 N.M. 133, 117 P.3d 939.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-25 - Application for modification of a permit; review by director and action pursuant to regulations.

The board shall adopt regulations setting forth procedures and requirements for the director's review and action on a permittee's application to modify a permit.
History:
Laws 1990, ch. 99, § 25.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-26 - Nonadjudicatory actions under Solid Waste Act that are subject to prior hearing requirement.

The following nonadjudicatory actions or proposed actions by the board are subject to prior hearing in accordance with the provisions of Section 27 [74-9-27 NMSA 1978] of the Solid Waste Act:
A. approval or modification of the plan;
B. designation of solid waste districts and changes in boundaries of solid waste districts;
C. adoption of any fees to be charged under the provisions of Section 39 [74-9-39 NMSA 1978] of the Solid Waste Act; and
D. adoption of substantive and procedural regulations.
History:
Laws 1990, ch. 99, § 26.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-27 - Hearing provisions for nonadjudicatory actions.

A. The board shall adopt procedural regulations to govern the procedures to be followed in hearings on nonadjudicatory actions of the board. As a minimum, the procedural regulations shall provide:
(1) for hearings to be public and scheduled at times that allow greater public participation;
(2) requirements for prior notice of the hearing and the methods for giving that notice, which shall be designed to inform interested and affected persons of the nature of the action to be considered and the date, time and place of the hearing;
(3) for maintenance of a list of persons that desire to have notice of the hearings and provisions for giving notice to those persons;
(4) a reasonable opportunity for all persons desiring to be heard on the action under consideration to be heard without making the hearing process unreasonably lengthy or cumbersome or burdening the record with unnecessary repetition;
(5) for the board to designate a hearing officer to conduct a hearing and make a report and recommendation to the board;
(6) for the maintenance of a record of the hearing proceedings and assessment of the costs of any transcription of testimony that is required for review purposes; and
(7) for the place of the hearing to be in Santa Fe, and at other places the board may prescribe, for hearings on actions of general statewide application and for hearings on actions of limited local application to be held at a place in the area affected.
B. Actions taken by the board following a hearing on nonadjudicatory actions shall be:
(1) written and shall state the reasons for the action;
(2) made public when taken;
(3) communicated to all persons that have made a written request for notification of the action taken; and
(4) taken within not more than sixty days after the closing of the hearing or the date of submission of a report by a hearing officer.
History:
Laws 1990, ch. 99, § 27.
ANNOTATIONS
Written basis for decision not required.
— Even though statute does not explicitly state that the commission must provide a written factual and legal basis for its decision, administrative agencies must provide written factual and legal basis for their decisions in order to permit an effectual and meaningful review.
Gila Res. Info. Project v. N.M. Water Control Comm'n
, 2005-NMCA-139, 138 N.M. 625, 124 P.3d 1164, cert. denied, 2005-NMCERT-009, 138 N.M. 439, 120 P.3d 1182.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-28 - Prior hearing requirement for all adjudicatory actions.

A. The following adjudicatory actions by the division are subject to prior hearing in accordance with the requirements of Section 29 [74-9-29 NMSA 1978] of the Solid Waste Act, in addition to any specific hearing requirements and procedures under other provisions of that act:
(1) issuance, refusal to issue or modify and revocation of permits for solid waste facilities;
(2) administrative enforcement actions; and
(3) actions on requests for variances and exemptions.
B. In any adjudicatory hearing, the director has and may delegate to the hearing officer the power to issue subpoenas for the attendance and testimony of witnesses and the production of relevant documentary evidence. The subpoenas may be enforced by action brought in the district court for the county in which the hearing is held.
History:
Laws 1990, ch. 99, § 28.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-30 - Judicial review of administrative actions.

A. Any person adversely affected by an administrative action taken by the board or the director may appeal the action to the court of appeals. The appeal shall be on the record made at the hearing. To support his appeal, the appellant shall make arrangements with the division for a sufficient number of transcripts of the record of the hearing on which the appeal is based. The appellant shall pay for the preparation of the transcripts.
B. On appeal, the court of appeals shall set aside the administrative 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.
History:
Laws 1990, ch. 99, § 30.
ANNOTATIONS
Statement of reasons required.
— Section 74-9-29 B(1) NMSA 1978 and 20 NMAC 1.4.V.504(B) required the secretary (now director) of the environment department to state reasons for departing from hearing officer's recommendations as to groundwater conditions for landfill permit.
Atlixco Coal. v. Maggiore
, 1998-NMCA-134, 125 N.M. 786, 965 P.2d 370.
Agency determination given deference.
— Under Subsection B, the court of appeals shall set aside the administrative action only if it is found to be within one of the specified categories. This standard of review requires the court to give the agency's decision a degree of deference.
Joab, Inc. v. Espinosa
, 1993-NMCA-113, 116 N.M. 554, 865 P.2d 1198.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-31 - Prohibited acts.

A. Except as provided in Section 73 of the Solid Waste Act and Subsection B of this section, no person shall:
(1) dispose of any solid waste in a place other than a solid waste facility:
(a) having a permit issued under the Solid Waste Act;
(b) having a permit for solid waste disposal issued under the Environmental Improvement Act [Chapter 74, Article 1 NMSA 1978]; or
(c) otherwise authorized to accept solid waste for disposal or transformation under regulations adopted by the board under the Environmental Improvement Act;
(2) dispose of any solid waste in a solid waste facility when a regulation of the board prohibits the disposal of that particular type of solid waste in that facility;
(3) construct, operate or close a solid waste facility unless the facility has a permit from the division for the described action;
(4) modify a solid waste facility unless the facility has applied for and received permission from the director for the modification pursuant to regulations adopted under Section 74-9-25 NMSA 1978; or
(5) dispose of any solid waste in this state in a manner that harms the environment or endangers the public health or safety.
B. The provisions of Subsection A of this section do not prohibit:
(1) a person who is a homeowner, residential lessee or tenant or agricultural enterprise from disposing on the property he owns, rents or leases solid waste generated on that property;
(2) a person occupying property from disposing of domestic solid waste generated on the property if the property is located in a place that makes it not feasible to dispose of the solid waste in a permitted solid waste facility and the disposal of the solid waste does not harm the environment or endanger the public health or safety and does not violate any provision of the Solid Waste Act or any regulation adopted under that act; or
(3) a person in possession of property from disposing on that property construction and demolition debris or yard refuse generated on the property if the disposition of the solid waste does not violate any provision of the Solid Waste Act or any regulation adopted under that act.
History:
Laws 1990, ch. 99, § 31; 1995, ch. 132, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1990, ch. 99 enacted Sections 1 to 42 and 72 and 73, which constitute the Solid Waste Act. Section 73 was a savings clause that was not compiled.
The 1995 amendment,
effective April 5, 1995, in Subsection A, substituted "Section 74-9-25 NMSA 1978" for "Section 25 of the Solid Waste Act" in Paragraph (4), and deleted "the person knows or should know" preceding "harms" in Paragraph (5).
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-32 - Exemptions; requirements for granting.

Exemptions from the application of the provisions of the Solid Waste Act may be applied for and shall be issued by the board, either for a single applicant or a group of applicants having substantially identical grounds for the issuance of the exemption, if the board determines after a hearing that the applicant or group of applicants is subject to requirements or regulations under an applicable federal or state law that imposes as stringent or more stringent requirements for the applicant's or applicants' management of its solid waste than the provisions of the Solid Waste Act and regulations adopted under that act. Exemptions issued under this section shall be reviewed for renewal at time intervals determined by the board for each exemption, and the date for renewal shall be stated in the exemption.
History:
Laws 1990, ch. 99, § 32.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-35.1 - Legislative findings.

The legislature finds:
A. the federal environmental protection agency, effective April 9, 1994, will require owners and operators of solid waste facilities to meet certain specified financial assurance criteria;
B. the only exceptions allowed will be "owners or operators who are state or federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States";
C. the federal environmental protection agency does not consider political subdivisions of a state to be "state or federal government entities";
D. the Solid Waste Act currently exempts political subdivisions of the state from the requirement to show financial responsibility;
E. if New Mexico fails to require financial assurance from political subdivisions of the state, New Mexico may lose primacy over solid waste control, and political subdivisions of the state will in any event be required in 1994 to provide a showing of financial responsibility; and
F. it is in the best interest of the state to retain primacy in the field of solid waste control.
History:
Laws 1993, ch. 246, § 1.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-35.2 - Review of contracts and leases.

All leases and contracts for the operation of landfills, transfer stations, recycling facilities and composting facilities between local government entities and private parties shall be reviewed by the attorney general, who shall provide recommendations on legal issues to the department and the local public entity at least fifteen days prior to the approval of the contract or within thirty days after his receipt of the contract, whichever is later.
History:
Laws 1993, ch. 246, § 2.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-37 - Penalty; criminal.

A. Any person who knowingly violates any paragraph of Subsection A of Section 74-9-31 NMSA 1978:
(1) if the violation involves a quantity of solid waste that is less than five thousand pounds, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or
(2) if the violation involves a quantity of solid waste that is five thousand pounds or greater, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
B. Any person who knowingly violates any paragraph of Subsection A of Section 74-9-31 NMSA 1978 and the violation involves any quantity of infectious waste is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. Any person who is convicted of a second or subsequent violation of Section 74-9-31 NMSA 1978 pursuant to the provisions of Paragraph (2) of Subsection A or Subsection B or D of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
D. Any person who knowingly omits any material information or knowingly makes a false material statement or representation required pursuant to the provisions of Section 74-9-20 or 74-9-21 NMSA 1978 is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.
History:
Laws 1990, ch. 99, § 37; 1995, ch. 132, § 2.
ANNOTATIONS
The 1995 amendment,
effective April 5, 1995, added Subsection A; redesignated former Subsection A as Subsection B; in Subsection B, inserted "knowingly", substituted "and the violation involves any quantity of infectious waste" for "if the cost of cleaning up the disposed solid waste is less than ten thousand dollars ($10,000)", and substituted "fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978" for "misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978"; added Subsection C; deleted former Subsection B providing the penalty for individuals violating the Solid Waste Act where the cost of clean up is ten thousand dollars ($10,000) or greater; redesignated former Subsection C as Subsection D; in Subsection D, substituted "knowingly omits any material" for "willfully fails to disclose or makes an intentional false disclosure of", inserted "or knowingly makes a false material statement or representation", and substituted "Section 74-9-20 or 74-9-21 NMSA 1978" for "Section 20 or 21 of the Solid Waste Act"; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-38 - Penalty; civil.

Any person who violates any provision of Section 31 [74-9-31 NMSA 1978] of the Solid Waste Act or any regulation adopted pursuant to that act may be assessed a civil penalty not to exceed five thousand dollars ($5,000) for each day during any portion of which a violation occurs. All civil penalties assessed and collected shall be deposited in the solid waste facility grant fund.
History:
Laws 1990, ch. 99, § 38.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-40 - Grants program; duties of division.

The division shall:
A. establish a program to make grants to counties and municipalities, individually or jointly, for the establishment or modification of solid waste facilities or for contracting for solid waste services in accordance with the Solid Waste Act and regulations of the board pursuant to that act; and
B. prepare an annual report to the governor and the legislature on the grants program; and
C. award grants only to counties and municipalities that meet the criteria established by the division.
History:
Laws 1990, ch. 99, § 40.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-41 - Solid waste facility grant fund created; administration.

A. There is created in the state treasury a fund to be known as the "solid waste facility grant fund". The division shall administer the fund and make grants from the fund in accordance with the Solid Waste Act. Earnings on balances in the fund shall be credited to the fund. Money remaining in the fund at the end of any fiscal year shall not revert to the general fund but shall accrue to the credit of the solid waste facility grant fund.
B. The division shall deposit in the solid waste facility grant fund all federal funds allocated to the state for the purpose of making grants to counties, municipalities and post-secondary educational institutions for solid waste facilities.
C. State money appropriated to the division to carry out the provisions of this section may be used to match any eligible federal funds allocated to the state for the purpose of making grants to counties or municipalities to implement the provisions of the Solid Waste Act.
History:
Laws 1990, ch. 99, § 41.
ANNOTATIONS
Cross references.
— For public project revolving fund,
see
6-21-6, 6-21-6.1 NMSA 1978.
For transfers to municipalities of net receipts attributable to the municipal gross receipts tax,
see
7-1-6.12 NMSA 1978.
For distribution of the net receipts attributable to the solid waste assessment fee,
see
7-1-6.30 NMSA 1978.
For distributions to the public project revolving fund from governmental gross receipts tax,
see
7-1-6.38 NMSA 1978.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-42 - No preemption of local authority.

Nothing in the Solid Waste Act limits or is intended to limit the authority of any county or municipality to adopt and enforce solid waste management requirements more stringent than those in the Solid Waste Act. Nothing in the Solid Waste Act modifies or limits, or is intended to modify or limit, the authority of any county or municipality to exercise planning and zoning authority.
History:
Laws 1990, ch. 99, § 42.
ANNOTATIONS
Severability.
— Laws 1990, ch. 99, § 72, provided for the severability of the Solid Waste Act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 9 - Solid Waste Act › Section 74-9-43 - Authority to accept nondomestic oil, gas and geothermal wastes.

A. A solid waste facility may accept for disposal nondomestic waste. For the purposes of this section, "nondomestic waste" means waste associated with the exploration, development, production, transportation, storage, treatment or refinement of crude oil, natural gas, carbon dioxide gas or geothermal energy, but does not include drilling fluids, produced waters, petroleum liquids, petroleum sludges or, except in the event of an emergency declared by the director of the oil conservation division of the energy, minerals and natural resources department, petroleum-contaminated soils associated with the exploration, development, production, transportation, storage, treatment or refinement of crude oil or natural gas.
B. The solid waste facility may accept nondomestic waste for disposal with the approval of the oil conservation division of the energy, minerals and natural resources department pursuant to its authority under the Oil and Gas Act [Chapter 70, Article 2 NMSA 1978] if the nondomestic waste otherwise meets the requirements of the Solid Waste Act applicable to the solid waste facility. Upon presentation for disposal, nondomestic waste shall be regulated in the same manner as solid waste for purposes of the Solid Waste Act.
C. A solid waste facility operator proposing to accept for disposal nondomestic waste shall comply with rules adopted pursuant to the Solid Waste Act applicable to manifesting, testing and inspection of solid waste and any rules adopted pursuant to the Solid Waste Act applicable to record keeping for solid waste.
History:
Laws 2001, ch. 67, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2001, ch. 67, § 2 contained an emergency clause and was approved March 16, 2001.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-2 - Legislative declaration.

It is declared as a matter of legislative determination that:
A. the organization of the authority hereby created having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in the Solid Waste Authority Act will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state;
B. the acquisition, improvement, maintenance and operation of any solid waste management-related project authorized in that act is in the public interest and constitutes a part of the established and permanent policy of the state;
C. the authority hereby organized shall be a body corporate and politic, a quasi-municipal corporation and a political subdivision of the state;
D. the notice provided for in the Solid Waste Authority Act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings under that act which may directly and adversely affect his legally protected interests;
E. for the accomplishment of these purposes, the provisions of that act shall be broadly construed;
F. nothing in the Solid Waste Authority Act shall be construed to supersede or affect any provision of the Solid Waste Act [74-9-1 to 74-9-43 NMSA 1978] or any regulations adopted pursuant to that act; and
G. any authority created by the Solid Waste Authority Act is specifically prohibited from exercising any regulatory or enforcement powers or any permitting or site approval as mandated by the Solid Waste Act.
History:
Laws 1993, ch. 319, § 2.
ANNOTATIONS
Cross references.
— For the Solid Waste Act,
see
74-9-1 NMSA 1978 and notes thereto.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-3 - Decision of board or governing body final.

The action and decision of the board as to all matters passed upon by it in relation to any action, matter or thing provided in the Solid Waste Authority Act shall be final and conclusive unless arbitrary, capricious or fraudulent.
History:
Laws 1993, ch. 319, § 3.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-5 - Creation of a solid waste authority; board.

Any county or contiguous counties and any municipality or municipalities desiring to create a solid waste authority board for the purposes of petitioning to the county special district commission pursuant to the Special District Procedures Act [4-53-1 to 4-53-11 NMSA 1978] for the creation of a solid waste authority may, by joint resolution, agree to the creation of a solid waste authority board. Each county or contiguous counties or any municipality or municipalities having adopted such a resolution shall make appointments to said boards as follows:
A. The county chairman, with the advice and consent of the county commissioners, shall appoint three members;
B. The mayor or chief elected executive officer of each municipality shall appoint two members each;
C. In the event that there are an even number of board members appointed, those board members having been appointed as provided above shall select one additional board member. After taking oath and filing bonds, the board shall choose one of its members as chairman of the board and president of the authority, and shall elect a secretary and a treasurer of the board and of the authority, who may or may not be members of the board. The secretary and treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts which shall be open to inspection by all owners of real property in the authority as well as to all other interested parties.
History:
Laws 1993, ch. 319, § 5.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-6 - Oaths and bonds of board members.

Whenever a board has been appointed or elected, as hereinafter provided, the members of the board shall qualify by filing with the clerk of the court their oaths of office and corporate surety bonds at the expense of the authority in an amount not to exceed one thousand dollars ($1,000) each, the form thereof to be fixed and approved by the board, conditioned for the faithful performance of their duties as directors. The interim board as appointed pursuant to Section 5 [74-10-5 NMSA 1978] of the Solid Waste Authority Act shall serve until an election is held as provided hereinafter.
History:
Laws 1993, ch. 319, § 6.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-7 - Petition for creation of solid waste authority.

A. The organization of a solid waste authority shall be initiated by the interim board appointed pursuant to Section 6 [74-10-6 NMSA 1978] of the Solid Waste Authority Act by filing a petition, duly adopted by the solid waste authority board and filed with the county special district commission as provided in the Special District Procedures Act [4-53-1 to 4-53-11 NMSA 1978].
B. The petition shall set forth:
(1) the name of the proposed district consisting of a chosen name preceding the words "solid waste authority";
(2) a general description of the improvements to be constructed or installed within and for the authority;
(3) an estimated overall cost of the proposed improvements to be constructed or installed within and for the authority;
(4) an estimated time table for the completion of all intended improvements;
(5) the need for the creation of the district and the construction or installation of improvements, stating the nature and extent of the anticipated use of the improvements by persons presently residing on land within the authority, and the nature and extent of the anticipated use of the improvements due to future development;
(6) a general description of the boundaries of the authority or the territory to be included within the authority, with such certainty as to enable a property owner to determine whether or not his property is within the authority;
(7) the salary, if any, that the members of the board shall receive for their services; and
(8) a request for the organization of the authority.
C. No petition duly adopted by the solid waste authority board and submitted to the county special district commission shall be declared void on account of alleged defects, but the county special district commission may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory or in any other particular.
History:
Laws 1993, ch. 319, § 7.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-8 - Hearing on petition.

A. At any time after the filing of the petition for the organization of an authority and before the day fixed for the hearing for the county special district commission on said petition, the owner of any taxable property within the proposed authority may file a petition with the county special district commission stating the reasons why the property should not be included in the authority and requesting that the property be excluded from it. The petition shall be verified and shall describe the property sought to be excluded. The county special district commission shall hear the petition and all objections to it at the time of the hearing before the county special district commission on the petition for organization of the solid waste authority and said county special district commission shall determine whether the property should be excluded or included in the authority.
B. The county special district commission may deny the petition or may order the petition to be modified if the county special district commission, after hearing on the petition, finds that:
(1) the proposed solid waste authority and improvements therein cannot conform with state regulations;
(2) the solid waste authority improvements cannot be implemented within a reasonable time taking into consideration the applications for state and federal grants;
(3) there is a lacking or actual or impending need for the solid waste improvements proposed; or
(4) the boundaries of the proposed authority contain land that has no actual or impending need for a solid waste authority or cannot be reasonably expected to utilize the solid waste authority improvements.
History:
Laws 1993, ch. 319, § 8.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-9 - Decision of the special district commission.

The decision of the county special district commission shall be in accordance with Section 4-53-10 NMSA 1978; provided, however, that the county special district commission shall have the authority to modify the boundaries of the proposed solid waste authority and shall, in any decision approving the solid waste authority include a legal description of the boundaries of the authority.
History:
Laws 1993, ch. 319, § 9.
2023 New Mexico Statutes › Chapter 74 - Environmental Improvement › Article 10 - Solid Waste Authority › Section 74-10-10 - Filing special district commission order.

Within thirty days after the solid waste authority has been declared created by the county special district commission, the county special district commission shall transmit to the county clerk in each county in which the authority is located, copies of the findings and the opinion of the county special district commission approving the solid waste authority. The same shall be filed in the same manner as articles of incorporation are now required to be filed under the general laws concerning corporations; and the clerk of the court in each county shall receive a fee of one dollar ($1.00) for filing preserving the same.
History:
Laws 1993, ch. 319, § 10.