New Mexico Administrative Code › Title 20 - ENVIRONMENTAL PROTECTION › Chapter 9 - SOLID WASTE › Part 25 - FACILITY GRANT FUND › Section 20.9.25.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in this part:
A. "applicant" means a municipality as
				defined in this section or a county that has submitted a grant application, or
				any number of such municipalities and/or counties that have submitted a grant
				application jointly;
B.
				"department" means the New Mexico environment department;
C. "fund" means the solid waste facility
				grant fund created by NMSA 1978, Section
				74-9-41.A.
D. "municipality" means any incorporated
				city, town or village, whether incorporated under general act, special act or
				special charter, incorporated counties and H class counties;
E. "regionalization" means the combining of
				activities of legally and politically distinct municipalities as defined in
				this section and/or counties within a geographical area to address through
				joint effort or activity mutual solid waste management problems;
F. "secretary" means the secretary of the
				environment department;
G. "solid
				waste" means any garbage, refuse, sludge from a waste treatment plant, water
				supply treatment plant or air pollution control facility and other discarded
				material, including solid, liquid, semisolid or contained gaseous material
				resulting from industrial, commercial, mining and agricultural operations and
				from community activities; "solid waste" does not include:
(1) drilling fluids, produced waters and
				other non-domestic wastes associated with the exploration, development or
				production, transportation, storage, treatment or refinement of crude oil,
				natural gas, carbon dioxide gas or geothermal energy;
(2) fly ash waste, bottom ash waste, slag
				waste and flue gas emission control waste generated primarily from the
				combustion of coal or other fossil fuels and wastes produced in conjunction
				with the combustion of fossil fuels that are necessarily associated with the
				production of energy and that traditionally have been and actually are mixed
				with and are disposed of or treated at the same time with fly ash, bottom ash,
				boiler slag or flue gas emission control wastes from coal combustion;
(3) waste from the extraction, benefication
				and processing of ores and minerals, including phosphate rock and overburden
				from the mining of uranium ore, coal, copper, molybdenum and other ores and
				minerals;
(4) agricultural waste,
				including, but not limited to, manures and crop residues returned to the soil
				as fertilizer or soil conditioner;
(5) cement kiln dust waste;
(6) sand and gravel;
(7) solid or dissolved material in domestic
				sewage or solid or dissolved materials in irrigation return flows or industrial
				discharges that are point sources subject to permits under Section 402 of the
				Federal Water Pollution Control Act,
				33 U-S.C. Section
				1342 or source, special nuclear or by-product
				material as defined by the Atomic Energy Act of 1954,
				42 U.S.C. Section
				2011 et seq.;
(8) densified-refuse-derived fuel;
				or
(9) any material regulated by
				Subtitle C of the federal Resource Conservation and Recovery Act of 1976,
				substances regulated by the federal Toxic Substances Control Act or low-level
				radioactive waste;