New Mexico Statutes
Chapter 74 - Environmental Improvement
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...