New Mexico Statutes
Chapter 74 - Environmental Improvement

Section 74-1-7.1 - Green zia program; business sensitive information confidential. - A. The department may develop and administer a pollution prevention...

Section 74-1-8 - Board; duties. - A. The board is responsible for environmental management and consumer...

Section 74-1-8.1 - Legal advice. - A. In the exercise of any of its powers or...

Section 74-1-8.2 - Recompiled. - Recompilations. — Laws 1993, ch. 291, § 18 recompiled former...

Section 74-1-8.3 - Repealed. - Repeals. — Laws 1999, ch. 203, § 6 repealed 74-1-8.3...

Section 74-1-9 - Adoption of regulations; notice and hearing; appeal. - A. Any person may recommend or propose regulations to the...

Section 74-1-10 - Penalty. - A. A person who violates any regulation of the board...

Section 74-1-10.1 - False statements to the department; penalties. - A. It is unlawful for an owner or operator of...

Section 74-1-11 - Repealed. - Repeals. — Laws 1989, ch. 223, § 4 repealed 74-1-11...

Section 74-1-12 - Compliance with the federal Safe Drinking Water Act; purpose. - The purpose of this section and Section 74-1-13 NMSA 1978...

Section 74-1-13 - Water conservation fee; imposition; definitions. - A. There is imposed on every person who operates a...

Section 74-1-13.1 - Nontransient noncommunity public water systems; definition; testing and notice requirements. - A. The department of environment shall test nontransient noncommunity water...

Section 74-1-14 - County or municipal authority regarding on-site liquid waste system. - Nothing in Chapter 74, Article 1 NMSA 1978 limits or...

Section 74-1-15 - Repealed. - History: Laws 2000, ch. 96, § 3; 2009, ch. 203,...

Section 74-1-15.1 - Liquid waste disposal system assistance fund; created; purpose. - A. The "liquid waste disposal system assistance fund" is created...

Section 74-1-15.2 - Environmental health fund; created. - A. The "environmental health fund" is created in the state...

Section 74-1-16 - Water recreation facilities; fee imposition. - The board may assess an annual fee not to exceed...

Section 74-1-17 - Nuclear workers assistance fund created. - The "nuclear workers assistance fund" is created in the state...

Article 2 - Air Pollution

Section 74-2-1 - Short title. - Chapter 74, Article 2 NMSA 1978 may be cited as...

Section 74-2-2 - Definitions. - As used in the Air Quality Control Act: A. "air...

Section 74-2-3 - Environmental improvement board. - A. In taking any action under the Air Quality Control...

Section 74-2-4 - Local authority. - A. A county or municipality meeting the qualifications set forth...

Section 74-2-5 - Duties and powers; environmental improvement board; local board. - A. The environmental improvement board or the local board shall...

Section 74-2-5.1 - Duties and powers of the department and the local agency. - The department and the local agency for their respective jurisdictions...

Section 74-2-5.2 - State air pollution control agency; specific duties and powers of the department. - The department is the state air pollution control agency for...

Section 74-2-5.3 - Repealed. - History: Laws 2009, ch. 98, § 1; repealed by Laws...

Section 74-2-6 - Adoption of regulations; notice and hearings. - A. Any person may recommend or propose regulations to the...

Section 74-2-7 - Permits; permit appeals to the environmental improvement board or the local board; permit fees. - A. By regulation, the environmental improvement board or the local...

Section 74-2-7.1 - Local governing body authority; construction permits; electric generation facilities. - A. A local governing body may receive a construction permit...

Section 74-2-8 - Variances. - A. The environmental improvement board or the local board may...

Section 74-2-9 - Judicial review; administrative actions. - A. Any person adversely affected by an administrative action taken...

Section 74-2-10 - Emergency powers of the secretary and the director. - A. Notwithstanding any other provision of the Air Quality Control...

Section 74-2-11 - Confidential information. - A. Any records, reports or information obtained under the Air...

Section 74-2-11.1 - Limitations on regulations. - The Air Quality Control Act does not: A. authorize the...

Section 74-2-12 - Enforcement; compliance orders; field citations. - A. When, on the basis of any information, the secretary...

Section 74-2-12.1 - Civil penalty; representation of department or local authority; limitation of actions. - A. A person who violates a provision of the Air...

Section 74-2-13 - Inspection. - The secretary or the director or an authorized representative of...

Section 74-2-14 - Criminal penalties. - A. Notwithstanding any other provision of the Air Quality Control...

Section 74-2-15 - State air quality permit fund. - A. There is created in the state treasury the "state...

Section 74-2-15.1 - Repealed. - Repeals. — Laws 1992, ch. 20, § 21 repealed 74-2-15.1...

Section 74-2-16 - Municipal or county air quality permit fund. - A. A local authority shall create within the municipal or...

Section 74-2-17 - Continuing effect of existing laws, rules and regulations. - A. The Air Quality Control Act is supplementary to other...

Section 74-2-18 to 74-2-22 - Repealed. - Repeals. — Laws 1981, ch. 373, § 7, repealed 74-2-18...

Article 2A - Wood Burning Stoves and Fireplaces

Section 74-2A-1 - Wood burning stoves and fireplaces; findings; county and municipal wood burning laws; exemption for indigents. - A. The legislature finds that many persons have acquired wood...

Article 3 - Radiation Control

Section 74-3-1 - Short title. - Chapter 74, Article 3 NMSA 1978 may be cited as...

Section 74-3-2 - Radiation technical advisory council; creation and organization. - A. There is established a "radiation technical advisory council" consisting...

Section 74-3-3 - Council duties; per diem. - It is the duty of the council to advise the...

Section 74-3-4 - Definitions. - As used in the Radiation Protection Act: A. "board" means...

Section 74-3-5 - Radiation protection consultant; radiation regulations; inspection. - A. The board shall be the radiation protection consultant for...

Section 74-3-5.1 - Radiation protection fund created. - The "radiation protection fund" is created in the state treasury....

Section 74-3-6 - Continued care fund regulations; requirements; exemptions; modification. - A. In the adoption of regulations governing continued care fund...

Section 74-3-7 - Continued care fund created; appropriation; approval; regulation. - A. The "radiation protection continued care fund" is created in...

Section 74-3-8 - Registration of radiation equipment. - A. It is unlawful for any person to possess, use,...

Section 74-3-9 - Licensing of radioactive material; appeal. - A. It is unlawful for a person to possess, use,...

Section 74-3-10 - Exemptions. - A. Nothing contained in the Radiation Protection Act shall be...

Section 74-3-10.1 - Fee exemption. - All medical, dental and veterinary x-ray equipment is exempt from...

Section 74-3-11 - Repealed. - Repeals. — Laws 2003, ch. 297, § 7 repealed 74-3-11...

Section 74-3-11.1 - Enforcement; compliance orders; civil penalties. - A. When, on the basis of any information, the secretary...

Section 74-3-11.2 - Administrative actions; appeals. - A. A person who is adversely affected by a final...

Section 74-3-12 - Repealed. - Repeals. — Laws 2003, ch. 297, § 7 repealed 74-3-12...

Section 74-3-12.1 - Criminal penalties. - A. A person who knowingly commits a violation of the...

Section 74-3-13 - Emergencies. - In the event of an emergency, the director may order...

Section 74-3-13.1 - Emergency powers of the secretary. - A. Notwithstanding any other provision of the Radiation Protection Act,...

Section 74-3-14 - Fluoroscopic or X-ray machines for shoe fitting; hand-held fluoroscopes; operation or maintenance prohibited. - A. No shoe-fitting device or shoe-fitting machine which uses fluoroscopic,...

Section 74-3-15 - Agreement status authorized. - The board and the agency, through the governor, may enter...

Section 74-3-16 - Discrimination. - No person or employer shall discharge or in any manner...

Article 4 - Hazardous Wastes

Section 74-4-1 - Short title. - Chapter 74, Article 4 NMSA 1978 may be cited as...

Section 74-4-2 - Purpose. - The purpose of the Hazardous Waste Act is to help...

Section 74-4-3 - Definitions. - As used in the Hazardous Waste Act: A. "above ground...

Section 74-4-3.1 - Application of act. - Nothing in the Hazardous Waste Act shall be construed to...

Section 74-4-3.2 - Repealed. - Repeals. — Laws 1989, ch. 4, § 1 repealed 74-4-3.2...

Section 74-4-3.3 - Hazardous wastes of other states. - In addition to the meaning of hazardous waste as defined...

Section 74-4-4 - Duties and powers of the board. - A. The board shall adopt rules for the management of...

Section 74-4-4.1 - Hazardous agricultural waste; duties and responsibilities of the department of agriculture. - A. The department of agriculture shall be responsible for the...

Section 74-4-4.2 - Permits; issuance; denial; modification; suspension; revocation. - A. An application for a permit pursuant to the Hazardous...

Section 74-4-4.3 - Entry; availability of records. - A. For purposes of developing or assisting in the development...

Section 74-4-4.4 - Storage tanks; registration; installer certification; tester certification; fees. - A. By rule, the board shall require an owner of...

Section 74-4-4.5 - Hazardous waste fund created; appropriation. - A. There is created in the state treasury the "hazardous...

Section 74-4-4.6 - Repealed. - Repeals. — Laws 1989, ch. 322, § 17 repealed 74-4-4.6...

Section 74-4-4.7 - Permit applicant disclosure. - A. Every applicant for a permit pursuant to the Hazardous...

Section 74-4-4.8 - Storage tank fund created; appropriation. - A. There is created in the state treasury the "storage...

Section 74-4-5 - Adoption of regulations; notice and hearing. - A. No regulation shall be adopted, amended or repealed until...

Section 74-4-6 - Repealed. - Repeals. — Laws 1981 (1st S.S.), ch. 8, § 12,...

Section 74-4-7 - Containment and cleanup of hazardous substance incidents; division powers. - The division may: A. take any action necessary or appropriate...

Section 74-4-8 - Emergency fund. - The "hazardous waste emergency fund" is created in the state...

Section 74-4-9 - Existing hazardous waste facilities; interim status. - Any person owning or operating a hazardous waste facility who...

Section 74-4-10 - Enforcement; compliance orders; civil penalties. - A. Whenever on the basis of any information the secretary...

Section 74-4-10.1 - Hazardous waste monitoring, analysis and testing. - A. If the director determines, upon receipt of any information,...

Section 74-4-11 - Penalty; criminal. - A. No person: (1) shall knowingly transport or cause to...

Section 74-4-12 - Penalty; civil. - Any person who violates any provision of the Hazardous Waste...

Section 74-4-13 - Imminent hazards; authority of director; penalties. - A. Notwithstanding any other provision of the Hazardous Waste Act,...

Section 74-4-14 - Administrative actions; judicial review. - A. Any person who is or may be affected by...

Article 4A - Radioactive Materials

Section 74-4A-1 - Radioactive material transport; conditions. - A. The environmental improvement board shall have exclusive authority to...

Section 74-4A-2 - Short title. - Sections 74-4A-1 through 74-4A-14 NMSA 1978 may be cited as...

Section 74-4A-3 - Purpose. - A. The legislature finds that there is presently much public...

Section 74-4A-4 - Definitions. - As used in the Radioactive and Hazardous Materials Act: A....

Section 74-4A-5 - Repealed. - Repeals. — Laws 1981, ch. 374, § 7, repealed 74-4A-5...

Section 74-4A-6 - Task force. - There is created the "radioactive waste consultation task force". The...

Section 74-4A-7 - Duties of the task force. - A. The task force shall negotiate for the state with...

Section 74-4A-8 - Powers of the task force. - A. The task force may make procedural rules deemed necessary...

Section 74-4A-9 - Committee. - There is created a joint interim legislative committee which shall...

Section 74-4A-10 - Membership; appointment; vacancies. - A. The committee shall be composed of twelve members. The...

Section 74-4A-11 - Committee duties. - At the beginning of each interim, the committee shall hold...

Section 74-4A-11.1 - Condition. - No person shall store or dispose of radioactive materials, radioactive...

Section 74-4A-12 - Subcommittees. - Subcommittees shall be created only by majority vote of all...

Section 74-4A-13 - Interrelationship with task force. - The committee shall meet regularly to review the work of,...

Section 74-4A-14 - Staff. - The staff for the committee shall be provided by the...

Section 74-4A-15 to 74-4A-19 - Repealed. - Repeals. — Laws 1991, ch. 2, § 10 repealed 74-4A-15...

Article 4B - Emergency Management (Repealed, Recompiled.)

Section 74-4B-1 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-2 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-3 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-4 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-5 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-6 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-6.1 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-7 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-8 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-9 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-10 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-10.1 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-11 - Repealed. - Repeals. — Laws 1989, ch. 149, § 16 repealed 74-4B-11...

Section 74-4B-12 - Repealed. - Repeals. — Laws 1991, ch. 44, § 3 repealed 74-4B-12...

Section 74-4B-13 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

Section 74-4B-14 - Recompiled. - Recompilation. — Laws 2005, ch. 22, § 4 recompiled former...

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...

Section 74-4C-2 - Findings. - A. The legislature recognizes that there is a growing need...

Section 74-4C-3 - Definitions. - As used in the Hazardous Waste Feasibility Study Act: A....

Section 74-4C-4 - Hazardous waste feasibility study. - A. The committee, after consultation with the division as to...

Article 4D - Petroleum Storage Cleanup (Repealed.)

Section 74-4D-1 to 74-4D-8 - Repealed. - Repeals. — Laws 1990, ch. 124, § 23 repealed 74-4D-1...

Article 4E - Hazardous Chemicals Information Act

Section 74-4E-1 - Short title. - Chapter 74, Article 4E NMSA 1978 may be cited as...

Section 74-4E-2 - Purpose of act. - The purpose of the Hazardous Chemicals Information Act is to...

Section 74-4E-3 - Definitions. - As used in the Hazardous Chemicals Information Act: A. "commission"...

Section 74-4E-4 - Commission created; membership; terms; duties; immunity granted. - A. The "state emergency response commission" is created. The commission...

Section 74-4E-5 - Notices and reports required; deadlines set. - A. Any facility owner or operator who is required by...

Section 74-4E-6 - Availability of information to the public; regulations promulgated. - A. The department shall make information, not defined as confidential,...

Section 74-4E-7 - Repealed. - Repeals. — Laws 1989, ch. 149, § 17 repealed 74-4E-7...

Section 74-4E-8 - Hazardous chemicals reporting fees; schedule; distribution. - A. Any facility owner or operator required to file an...

Section 74-4E-9 - Failure to file or pay fees; penalty. - After July 1, 1990, any facility owner or operator who...

Article 4F - Hazardous Materials Transportation (Repealed.)

Section 74-4F-1 - Repealed. - History: Laws 1996, ch. 37, § 1; repealed by Laws...

Section 74-4F-2 - Repealed. - History: Laws 1996, ch. 37, § 2; repealed by Laws...

Section 74-4F-3 - Repealed. - History: Laws 1996, ch. 37, § 3; repealed by Laws...

Section 74-4F-4 - Repealed. - History: Laws 1996, ch. 37, § 4; repealed by Laws...

Section 74-4F-5 - Repealed. - History: Laws 1996, ch. 37, § 5; repealed by Laws...

Section 74-4F-6 - Repealed. - History: Laws 1996, ch. 37, § 6; repealed by Laws...

Section 74-4F-7 - Repealed. - History: Laws 1996, ch. 37, § 7; repealed by Laws...

Section 74-4F-8 - Repealed. - History: Laws 1996, ch. 37, § 8; repealed by Laws...

Article 4G - Voluntary Remediation

Section 74-4G-1 - Short title. - Chapter 74, Article 4G NMSA 1978 may be cited as...

Section 74-4G-2 - Purpose. - The purpose of the Voluntary Remediation Act is to provide...

Section 74-4G-3 - Definitions. - As used in the Voluntary Remediation Act: A. "applicable standards"...

Section 74-4G-4 - Regulations. - The department shall adopt and promulgate rules and regulations necessary...

Section 74-4G-5 - Application and fee. - A. To be eligible for a voluntary remediation agreement an...

Section 74-4G-6 - Agreement. - A. After the department determines that an applicant is eligible,...

Section 74-4G-7 - Certificate of completion. - If the department determines that a participant has successfully complied...

Section 74-4G-8 - Covenant not to sue. - A. After the department issues a certificate of completion for...

Section 74-4G-9 - Recision. - Nothing in this chapter shall prohibit the secretary of environment...

Section 74-4G-10 - Lender liability. - A person who maintains indicia of ownership primarily to protect...

Section 74-4G-11 - Voluntary remediation fund. - The "voluntary remediation fund" is created in the state treasury....

Section 74-4G-11.1 - Brownfields cleanup revolving loan fund. - A. The "brownfields cleanup revolving loan fund" is created in...

Section 74-4G-12 - Severability. - If any part or application of the Voluntary Remediation Act...

Article 5 - Aerosol Products

Section 74-5-1 - Legislative findings. - The legislature finds: A. that the deliberate inhalation of certain...

Section 74-5-2 - Repealed. - Repeals. — Laws 1979, ch. 82, § 3, repealed 74-5-2...

Article 6 - Water Quality

Section 74-6-1 - Short title. - Chapter 74, Article 6 NMSA 1978 may be cited as...

Section 74-6-2 - Definitions. - As used in the Water Quality Act: A. "gray water"...

Section 74-6-3 - Water quality control commission created. (Repealed effective July 1, 2026.) - A. There is created the "water quality control commission" consisting...

Section 74-6-3.1 - Legal advice. (Repealed effective July 1, 2026.) - A. In the exercise of any of its powers or...

Section 74-6-4 - Duties and powers of commission. (Repealed effective July 1, 2026.) - The commission: A. may accept and supervise the administration of...

Section 74-6-5 - Permits; certification; appeals to commission. - A. By regulation, the commission may require persons to obtain...

Section 74-6-5.1 - Disclosure statements. - A. The commission by regulation may require every applicant for...

Section 74-6-5.2 - Water quality management fund created. - There is created in the state treasury the "water quality...

Section 74-6-6 - Adoption of regulations and standards; notice and hearing. - A. No regulation or water quality standard or amendment or...

Section 74-6-7 - Administrative action; judicial review. - A. Except as otherwise provided in the Water Quality Act,...

Section 74-6-8 - Duties of constituent agencies. - Each constituent agency shall administer regulations adopted pursuant to the...

Section 74-6-9 - Powers of constituent agencies. - Each constituent agency may: A. receive and expend funds appropriated,...

Section 74-6-10 - Penalties enforcement; compliance orders; penalties; assurance of discontinuance. - A. Whenever, on the basis of any information, a constituent...

Section 74-6-10.1 - Civil penalties. - A. Any person who does not comply with the provisions...

Section 74-6-10.2 - Criminal penalties. - A. No person shall: (1) discharge any water contaminant without...

Section 74-6-11 - Emergency; powers of delegated constituent agencies; penalties. - A. If a constituent agency determines upon receipt of evidence...

Section 74-6-12 - Limitations. - A. The Water Quality Act does not grant to the...

Section 74-6-13 - Construction. - The Water Quality Act provides additional and cumulative remedies to...

Section 74-6-14 - Recompiled. - Recompilations. — Former Section 74-6-14 NMSA 1978, as amended by...

Section 74-6-15 - Confidential information; penalties. - A. Records, reports or information obtained by the commission or...

Section 74-6-16 - Effect and enforcement of Water Quality Act during transition. - A. All rules, regulations, water quality standards and administrative determinations...

Section 74-6-17 - Termination of agency life; delayed repeal. - The water quality control commission is terminated on July 1,...

Article 6A - Wastewater Facility Construction Loans

Section 74-6A-1 - Short title. - Chapter 74, Article 6A NMSA 1978 may be cited as...

Section 74-6A-2 - Purpose. - The purpose of the Wastewater Facility Construction Loan Act is...

Section 74-6A-3 - Definitions. - As used in the Wastewater Facility Construction Loan Act: A....

Section 74-6A-4 - Wastewater facility construction loan fund created; administration. - A. There is created in the state treasury a revolving...

Section 74-6A-4.1 - Clean water administrative fund; created; use. - A. The "clean water administrative fund" is created in the...

Section 74-6A-6 - Repealed. - Repeals. — Laws 1991, ch. 172, § 14 repealed 74-6A-5...

Section 74-6A-7 - Loan program; administration. - A. The division shall establish a program to provide financial...

Section 74-6A-8 - Financial assistance; criteria. - A. Financial assistance shall be provided only to qualified borrowers...

Section 74-6A-9 - Commission; powers. - A. In administering the Wastewater Facility Construction Loan Act, the...

Section 74-6A-10 - Board; duties and powers. - A. The board may issue bonds or refunding bonds pursuant...

Section 74-6A-11 - Wastewater suspense account created. - A. There is created in the state treasury a fund...

Section 74-6A-12 - Commission bonds. - A. The board, upon recommendation from the commission, may issue...

Section 74-6A-13 - Agreement of the state not to limit or alter rights of obligees. - The state hereby pledges to and agrees with the holders...

Section 74-6A-14 - Validation. - All outstanding securities of the state and of all qualified...

Section 74-6A-15 - Water quality control commission; instrumentality. - The water quality control commission shall be an instrumentality of...

Article 6B - Ground Water Protection

Section 74-6B-1 - Short title. - Chapter 74, Article 6B NMSA 1978 may be cited as...

Section 74-6B-2 - Findings; purpose of act. - A. The legislature recognizes the threat to the public health...

Section 74-6B-3 - Definitions. - As used in the Ground Water Protection Act: A. "above...

Section 74-6B-4 - Storage tank committee; creation; terms; powers and duties. - A. An advisory committee to be known as the "storage...

Section 74-6B-5 - Department's right of entry and inspection. - The department has all rights of entry and inspection necessary...

Section 74-6B-6 - Civil liability for damage to property from leaking storage tank. - Nothing in the Ground Water Protection Act prohibits any existing...

Section 74-6B-7 - Corrective action fund created; authorization for expenditures. - A. There is created the "corrective action fund". The fund...

Section 74-6B-8 - Liability; cost recovery. - A. An owner or operator of a storage tank from...

Section 74-6B-9 - Storage tank fee; deposit in storage tank fund. - On July 1 of each year, there is due from...

Section 74-6B-10 - Act does not create insurance company or fund. - Nothing in the Ground Water Protection Act creates an insurance...

Section 74-6B-11 - Repealed. - Repeals. — Laws 1993, ch. 298, § 5 repealed 74-6B-11...

Section 74-6B-12 - Repealed. - Repeals. — Laws 2001, ch. 325, § 20 repealed 74-6B-12...

Section 74-6B-13 - Payment program. - A. Unless provided otherwise in this section, all costs in...

Section 74-6B-13.1 - Repealed. - Repeals. — Laws 2001, ch. 325, § 20 repealed 74-6B-13.1...

Section 74-6B-14 - State liability; insufficient balance in the fund. - Nothing in the Ground Water Protection Act establishes or creates...

Article 7 - Environmental Compliance

Section 74-7-1 - Short title. - This act [74-7-1 to 74-7-8 NMSA 1978] may be cited...

Section 74-7-2 - Purpose of act. - The purpose of the Environmental Compliance Act is to foster...

Section 74-7-3 - Definitions. - As used in the Environmental Compliance Act: A. "board" means...

Section 74-7-4 - Board; duties. - The duties of the board are to: A. develop and...

Section 74-7-5 - Adoption of regulations; notice and hearing; appeal. - A. No regulations shall be adopted pursuant to the Environmental...

Section 74-7-6 - Division; duties. - The division shall establish guidelines for regulated entities concerning environmental...

Section 74-7-7 - Regulated entities; environmental auditing programs. - Regulated entities may in cooperation with the division develop environmental...

Section 74-7-8 - Board and division; incentives. - Regulated entities shall be allowed a reasonable time as determined...

Article 7A - Environmental Database

Section 74-7A-1 - Short title. - This act [74-7A-1 to 74-7A-4 NMSA 1978] may be cited...

Section 74-7A-2 - Definitions. - As used in the Environmental Database Act: A. "environmental data"...

Section 74-7A-3 - Environmental database; environmental data required; host and state agency duties. - A. The host, with the cooperation of the state agencies,...

Section 74-7A-4 - Protection of confidential information. - Nothing in the Environmental Database Act shall require disclosure by...

Article 8 - Solid Waste Incineration

Section 74-8-1 - Solid waste incineration prohibited. - No solid waste shall be disposed of by incineration in...

Section 74-8-2 - Disposal of incinerator ash prohibited. - No bottom, fly or combined ash from any incinerator located...

Section 74-8-3 - Exemptions. - A. Medical waste incinerators incinerating less than three tons per...

Article 9 - Solid Waste Act

Section 74-9-1 - Short title. - Sections 1 through 42 and 72 and 73 of this...

Section 74-9-2 - Purposes. - The purposes of the Solid Waste Act are to: A....

Section 74-9-3 - Definitions. - As used in the Solid Waste Act: A. "agricultural" means...

Section 74-9-4 - Plan; requirement. - As a basis for developing a comprehensive solid waste management...

Section 74-9-5 - Plan; effect. - The plan approved by the board shall be effective thirty...

Section 74-9-6 - Plan; required provisions. - The plan shall include at least the following elements: A....

Section 74-9-7 - Plan; information required from counties and municipalities. - A. As a basis for developing and preparing the plan,...

Section 74-9-8 - Board adoption of initial regulations. - No later than December 31, 1991, the board shall adopt...

Section 74-9-9 - Board review and modification of initial regulations after approval of plan. - After approval of the plan, the board shall review the...

Section 74-9-10 - Board adoption of regulations for source reduction and recycling programs. - After its approval of the plan, the board shall adopt...

Section 74-9-11 - Establishment of solid waste districts; requirements; changing boundaries. - A. After its approval of the plan, the board shall...

Section 74-9-12 - Comprehensive state solid waste management program. - A. A comprehensive state solid waste management program consistent with...

Section 74-9-13 - Comprehensive state solid waste management report. - The director shall prepare by July 1, 1994, and annually...

Section 74-9-14 - Division; powers and duties. - The division is responsible for the enforcement and implementation of...

Section 74-9-15 - Specific program; state government source reduction and recycling. - A. The division shall cooperate with the general services department...

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...

Section 74-9-17 - Specific program; education to promote source reduction and recycling. - A. The division, in cooperation with the state department of...

Section 74-9-18 - Specific program; household hazardous waste management. - A. No later than July 1, 1990, the director shall...

Section 74-9-19 - Specific program; procurement of recycled supplies and materials. - A. The state purchasing agent and each central purchasing office,...

Section 74-9-20 - Solid waste facility permit; application; information required. - A. Except as provided in Section 73 of the Solid...

Section 74-9-21 - Permit applicant disclosure. - A. Every applicant for a permit shall file a disclosure...

Section 74-9-22 - Solid waste facility permit; notice of application. - Each application filed with the division for a permit under...

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...

Section 74-9-24 - Solid waste facility permit; issuance and denial; grounds; notification of decision; permit recording requirement. - A. The director, within one hundred eighty days after the...

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...

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...

Section 74-9-27 - Hearing provisions for nonadjudicatory actions. - A. The board shall adopt procedural regulations to govern the...

Section 74-9-28 - Prior hearing requirement for all adjudicatory actions. - A. The following adjudicatory actions by the division are subject...

Section 74-9-29 - Hearing provisions for adjudicatory actions. - A. The director shall adopt procedural regulations to govern the...

Section 74-9-30 - Judicial review of administrative actions. - A. Any person adversely affected by an administrative action taken...

Section 74-9-31 - Prohibited acts. - A. Except as provided in Section 73 of the Solid...

Section 74-9-32 - Exemptions; requirements for granting. - Exemptions from the application of the provisions of the Solid...

Section 74-9-33 - Facilities; entry by division; availability of records to division and others. - A. The director or any authorized representative, employee or agent...

Section 74-9-34 - Liability; defenses; indemnification. - A. As used in this section: (1) "generator" means the...

Section 74-9-35 - Financial responsibility for solid waste generators and operators of solid waste facilities. - A. The board shall adopt regulations establishing financial responsibility requirements....

Section 74-9-35.1 - Legislative findings. - The legislature finds: A. the federal environmental protection agency, effective...

Section 74-9-35.2 - Review of contracts and leases. - All leases and contracts for the operation of landfills, transfer...

Section 74-9-36 - Enforcement; compliance orders. - A. Whenever, on the basis of any information, the director...

Section 74-9-37 - Penalty; criminal. - A. Any person who knowingly violates any paragraph of Subsection...

Section 74-9-38 - Penalty; civil. - Any person who violates any provision of Section 31 [74-9-31...

Section 74-9-39 - Solid waste assessment fee. - A. A solid waste assessment fee shall be imposed upon...

Section 74-9-40 - Grants program; duties of division. - The division shall: A. establish a program to make grants...

Section 74-9-41 - Solid waste facility grant fund created; administration. - A. There is created in the state treasury a fund...

Section 74-9-42 - No preemption of local authority. - Nothing in the Solid Waste Act limits or is intended...

Section 74-9-43 - Authority to accept nondomestic oil, gas and geothermal wastes. - A. A solid waste facility may accept for disposal nondomestic...

Article 10 - Solid Waste Authority

Section 74-10-1 - Short title. - This act [74-10-1 to 74-10-100 NMSA 1978] may be cited...

Section 74-10-2 - Legislative declaration. - It is declared as a matter of legislative determination that:...

Section 74-10-3 - Decision of board or governing body final. - The action and decision of the board as to all...

Section 74-10-4 - Definitions. - Except where the context otherwise requires, as used in the...

Section 74-10-5 - Creation of a solid waste authority; board. - Any county or contiguous counties and any municipality or municipalities...

Section 74-10-6 - Oaths and bonds of board members. - Whenever a board has been appointed or elected, as hereinafter...

Section 74-10-7 - Petition for creation of solid waste authority. - A. The organization of a solid waste authority shall be...

Section 74-10-8 - Hearing on petition. - A. At any time after the filing of the petition...

Section 74-10-9 - Decision of the special district commission. - The decision of the county special district commission shall be...

Section 74-10-10 - Filing special district commission order. - Within thirty days after the solid waste authority has been...

Section 74-10-11 - Districting the authority. - A. The interim board shall, within one hundred eighty days...

Section 74-10-12 - Board of directors. - The governing body of the authority is a board of...

Section 74-10-13 - Election of directors. - Each biennial nonpartisan election of directors shall be conducted at...

Section 74-10-14 - Election resolution. - The board shall call any election by resolution as prescribed...

Section 74-10-15 - Conduct of election. - An election held pursuant to the Solid Waste Authority Act...

Section 74-10-16 - Repealed. - History: Laws 1993, ch. 319, § 16; repealed by Laws...

Section 74-10-17 - Repealed. - History: Laws 1993, ch. 319, § 17; repealed by Laws...

Section 74-10-18 - Repealed. - History: Laws 1993, ch. 319, § 18; repealed by Laws...

Section 74-10-19 - Approval of proposals at election. - Except as otherwise provided, any proposal submitted at any election...

Section 74-10-20 - Filling vacancies on board. - Any vacancy on the board shall be filled by appointment...

Section 74-10-21 - Changing authority's boundaries. - The elected board has the authority to petition the county...

Section 74-10-22 - Board's administrative powers. - The board may exercise the following powers: A. fix the...

Section 74-10-23 - Records of board. - On all resolutions and orders, the roll shall be called,...

Section 74-10-24 - Meetings of board. - All meetings of the board shall be open to the...

Section 74-10-25 - Compensation of directors. - Directors shall receive no compensation for their services as a...

Section 74-10-26 - Interest in contracts and property disqualifications. - No director or officer, employee or agent of the authority...

Section 74-10-27 - Powers of the authority. - The authority may exercise the following duties, privileges, immunities, rights,...

Section 74-10-28 - Levy and collection of taxes. - To levy and collect taxes, the board shall determine in...

Section 74-10-29 - Levies to cover deficiencies. - The board, in proposing ad valorem tax levies by resolution,...

Section 74-10-30 - Elections for imposition of ad valorem taxes. - Whenever the board shall determine by resolution that the interest...

Section 74-10-31 - Conduct of election. - Elections for imposition of ad valorem taxes shall be conducted...

Section 74-10-32 - Sinking fund. - Whenever any indebtedness has been incurred by the authority, it...

Section 74-10-33 - Manner of levying and collecting taxes. - It is the duty of the body having authority to...

Section 74-10-34 - Delinquent taxes. - If the general ad valorem taxes levied are not paid,...

Section 74-10-35 - Powers of public bodies. - The governing body of any municipality, federally authorized Indian pueblo...

Section 74-10-36 - Effect of extraterritorial functions. - All of the powers, privileges, immunities and rights, exemptions from...

Section 74-10-37 - Forms of borrowing. - Upon the conditions and under the circumstances set forth in...

Section 74-10-38 - Issuance of notes. - The authority is authorized to borrow money without an election...

Section 74-10-39 - Issuance of warrants. - The authority is authorized to defray the cost of any...

Section 74-10-40 - Maturities of notes and warrants. - Notes and warrants may mature at such time not exceeding...

Section 74-10-41 - Issuance of bonds and incurrence of debt. - The authority is authorized to borrow money in anticipation of...

Section 74-10-42 - Issuance of temporary bonds. - The authority is authorized to issue temporary bonds, pending preparation...

Section 74-10-43 - Issuance of interim debentures. - The authority is authorized to borrow money and to issue...

Section 74-10-44 - Payment of securities. - All securities issued by the authority shall be authorized by...

Section 74-10-45 - Additionally secured securities. - The board, in connection with such additionally secured securities, in...

Section 74-10-46 - Pledge of revenues. - Any such revenues pledged directly or as additional security for...

Section 74-10-47 - Ranking among different issues. - All securities of the same issue or series shall, subject...

Section 74-10-48 - Ranking among securities of same issue. - All securities of the same issue or series shall be...

Section 74-10-49 - Payment recital in securities. - Each security issued under the Solid Waste Authority Act shall...

Section 74-10-50 - Incontestable recital in securities. - Any resolution authorizing, or other instrument appertaining to, any securities...

Section 74-10-51 - Limitations upon payment of securities. - The payment of securities shall not be secured by an...

Section 74-10-52 - Limitations upon incurring any debt. - Nothing in the Solid Waste Authority Act shall be construed...

Section 74-10-53 - Security details. - Any securities authorized to be issued in the Solid Waste...

Section 74-10-54 - Capitalization of costs. - Any resolution authorizing the issuance of securities or other instrument...

Section 74-10-55 - Other security details. - Securities may be issued in such manner, in such form,...

Section 74-10-56 - Reissuance of securities. - Any resolution authorizing the issuance of securities or any other...

Section 74-10-57 - Negotiability. - Subject to the payment provisions specifically provided in the Solid...

Section 74-10-58 - Single bonds. - Notwithstanding any other provision of law, the board in any...

Section 74-10-59 - Lost or destroyed securities. - If lost or completely destroyed, any security may be reissued...

Section 74-10-60 - Execution of securities. - Any security shall be executed in the name of and...

Section 74-10-61 - Interest coupons. - Except for any bonds which are registrable for payment of...

Section 74-10-62 - Facsimile signatures. - Any of the officers, after filing with the secretary of...

Section 74-10-63 - Facsimile seal. - The secretary may cause the seal of the authority to...

Section 74-10-64 - Signatures of predecessors in office. - The securities and any coupons bearing the signatures of the...

Section 74-10-65 - Facsimile signatures of predecessors. - Any officer authorized or permitted in the Solid Waste Authority...

Section 74-10-66 - Repurchase of securities. - The securities may be repurchased by the authority out of...

Section 74-10-67 - Customary provisions. - The resolution authorizing the securities or other instrument appertaining thereto...

Section 74-10-68 - Sale of securities. - Any securities authorized in the Solid Waste Authority Act, except...

Section 74-10-69 - Sale discount or commission prohibited. - No discount, except as provided by the Solid Waste Authority...

Section 74-10-70 - Application of proceeds. - All money received from the issuance of any securities authorized...

Section 74-10-71 - Use of unexpended proceeds. - Any unexpended balance of such security proceeds remaining after the...

Section 74-10-72 - Validity unaffected by use of proceeds. - The validity of such securities shall not be dependent on...

Section 74-10-73 - Covenants in security proceedings. - Any resolution or trust indenture authorizing the issuance of securities...

Section 74-10-74 - Remedies of security holders. - Subject to any contractual limitations binding upon the holders of...

Section 74-10-75 - Limitations upon liabilities. - Neither the directors nor any person executing securities issued under...

Section 74-10-76 - Cancellation of paid securities. - Whenever the treasurer shall redeem and pay any of the...

Section 74-10-77 - Interest after maturity. - No interest shall accrue on any security in the Solid...

Section 74-10-78 - Refunding bonds. - Any bonds issued under the Solid Waste Authority Act may...

Section 74-10-79 - Method of issuance. - Any bonds issued for refunding purposes may either be delivered...

Section 74-10-80 - Limitations upon issuance. - No bonds may be refunded under the Solid Waste Authority...

Section 74-10-81 - Use of refunding bond proceeds. - The proceeds of refunding bonds shall either be immediately applied...

Section 74-10-82 - Payment of refunding bonds. - Refunding revenue bonds may be made payable from any revenues...

Section 74-10-83 - Combination of refunding and other bonds. - Bonds for refunding and bonds for any other purpose or...

Section 74-10-84 - Supplemental provisions. - Except as specifically provided or necessarily implied in the Solid...

Section 74-10-85 - Board's determination final. - The determination of the board that the limitations imposed upon...

Section 74-10-86 - Issuance of interim debentures and pledge of bonds as collateral security. - Notwithstanding any limitation or other provision in the Solid Waste...

Section 74-10-87 - Interim debentures not to be extended. - No interim debenture issued pursuant to the provisions of Section...

Section 74-10-88 - Funding. - For the purpose of funding any interim debenture or interim...

Section 74-10-89 - Publication of resolution or proceedings. - In its discretion, the board may provide for the publication...

Section 74-10-90 - Failure to contest legality constitutes bar. - If no such action or proceedings are commenced or instituted...

Section 74-10-91 - Confirmation of contract proceedings. - In its discretion, the board may file a petition at...

Section 74-10-92 - Review and judgment of court. - The petition and notice shall be sufficient to give the...

Section 74-10-93 - Purpose of tax exemptions. - The effectuation of the powers authorized in the Solid Waste...

Section 74-10-94 - Property exempt from general taxes. - The authority shall not be required to pay any general...

Section 74-10-95 - Securities and income therefrom exempt. - Securities issued under the Solid Waste Authority Act and the...

Section 74-10-96 - Freedom from judicial process. - Execution or other judicial process shall not issue against any...

Section 74-10-97 - Resort to judicial process. - Section 96 [74-10-96 NMSA 1978] of the Solid Waste Authority...

Section 74-10-98 - Legal investments in securities. - It shall be legal for the state and any of...

Section 74-10-99 - Civil rights. - The authority damaged by any such act may also bring...

Section 74-10-100 - Liberal construction. - The Solid Waste Authority Act, being necessary to secure and...

Article 11 - Tire Recycling (Repealed.)

Section 74-11-1 - Repealed. - History: Laws 1994, ch. 117, § 1 and Laws 1994,...

Section 74-11-2 - Repealed. - History: Laws 1994, ch. 117, § 2 and by Laws...

Section 74-11-3 - Repealed. - History: Laws 1994, ch. 117, § 3 and by Laws...

Section 74-11-4 - Repealed. - History: Laws 1994, ch. 117, § 4 and by Laws...

Section 74-11-5 - Repealed. - History: Laws 1994, ch. 117, § 5 and by Laws...

Section 74-11-6 - Repealed. - History: Laws 1994, ch. 117, § 6 and by Laws...

Section 74-11-7 - Repealed. - History: Laws 1994, ch. 117, § 7 and by Laws...

Section 74-11-8 - Repealed. - History: Laws 1994, ch. 117, § 8 and by Laws...

Section 74-11-9 - Repealed. - History: Laws 1994, ch. 117, § 9 and by Laws...

Section 74-11-10 - Repealed. - History: Laws 1994, ch. 117, § 10 and by Laws...

Section 74-11-11 - Repealed. - History: Laws 1994, ch. 117, § 11 and by Laws...

Section 74-11-12 - Repealed. - History: Laws 1994, ch. 117, § 12 and by Laws...

Section 74-11-13 - Repealed. - History: Laws 1994, ch. 117, § 13 and by Laws...

Section 74-11-14 - Repealed. - History: Laws 1994, ch. 117, § 14 and by Laws...

Section 74-11-15 - Repealed. - History: Laws 1994, ch. 117, § 15 and by Laws...

Section 74-11-16 - Repealed. - History: Laws 1994, ch. 117, § 16 and by Laws...

Section 74-11-17 - Repealed. - History: Laws 1994, ch. 117, § 17 and by Laws...

Article 12 - Night Sky Protection

Section 74-12-1 - Short title. - This act [74-12-1 to 74-12-11 NMSA 1978] may be cited...

Section 74-12-2 - Purpose. - The purpose of the Night Sky Protection Act is to...

Section 74-12-3 - Definitions. - As used in the Night Sky Protection Act: A. "outdoor...

Section 74-12-4 - Shielding of outdoor light fixtures. - All outdoor lighting fixtures installed after January 1, 2000 shall...

Section 74-12-5 - Nonconforming light fixtures. - A. In addition to other exemptions provided in the Night...

Section 74-12-6 - Use of mercury vapor lighting fixtures. - No new mercury vapor outdoor lighting fixtures shall be sold...

Section 74-12-7 - Exemptions. - A. The following are exempt from the requirements of the...

Section 74-12-8 - Construction industries division; duties. - The construction industries division of the regulation and licensing department...

Section 74-12-9 - Costs of replacement; recovery. - If public utilities are required pursuant to the provisions of...

Section 74-12-10 - Violations; penalty. - Any person, firm or corporation violating the provisions of the...

Section 74-12-11 - Enforcement. - In order to promote the purposes of the Night Sky...

Article 13 - Recycling and Illegal Dumping Act

Section 74-13-1 - Short title. - Sections 1 through 20 [74-13-1 to 74-13-20 NMSA 1978] of...

Section 74-13-2 - Legislative purposes. - The purposes of the Recycling and Illegal Dumping Act are...

Section 74-13-3 - Definitions. - As used in the Recycling and Illegal Dumping Act: A....

Section 74-13-4 - Prohibited acts. - A. A person shall not store or use in a...

Section 74-13-5 - Facilities; entry by department; availability of records to department and others. - A. The secretary or any authorized representative, employee or agent...

Section 74-13-6 - Administration of act. - The department is responsible for the administration and enforcement of...

Section 74-13-7 - Recycling and illegal dumping alliance. - A. The "recycling and illegal dumping alliance" is created and...

Section 74-13-8 - Rules; authority and content. - The board shall adopt rules to implement the provisions of...

Section 74-13-9 - Scrap tire manifest system. - A scrap tire generator who transports or offers for transportation,...

Section 74-13-10 - Solid waste permit exemption. - A person operating a tire recycling facility under a permit...

Section 74-13-11 - Abatement of illegal dumpsite. - A. The department may bring an abatement action pursuant to...

Section 74-13-12 - Authorization for abatement contracts. - The secretary may contract with the governing body of a...

Section 74-13-13 - Enforcement; compliance orders. - A. Whenever the secretary determines that a person has violated...

Section 74-13-14 - Enforcement; field citations. - A. The board shall implement a field citation program by...

Section 74-13-15 - Judicial review of administrative actions. - A person adversely affected by an administrative action taken by...

Section 74-13-16 - Penalty; criminal. - A. A person who knowingly violates Section 4 [74-13-4 NMSA...

Section 74-13-17 - Grants; eligibility; applications. - A. A municipality, county, Indian nation, pueblo or tribe, land...

Section 74-13-18 - Rubberized asphalt program. - The department of transportation may use rubberized asphalt in paving...

Section 74-13-19 - Recycling and illegal dumping fund created. - The "recycling and illegal dumping fund" is created in the...

Section 74-13-20 - Rubberized asphalt fund created. - The "rubberized asphalt fund" is created in the state treasury....

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New Mexico Statutes Chapter 74 - Environmental Improvement

New Mexico Statutes
Chapter 74 - Environmental Improvement