Nothing in the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978] shall be construed to relieve hazardous materials owners, shippers or carriers of their responsibilities and liability in the event of an accident. Such persons shall assist the state as requested in responding to an accident and are responsible for restoring the scene of the accident to the satisfaction of the state.
History: 1978 Comp., § 74-4B-10, enacted by Laws 1983, ch. 80, § 10; recompiled as § 12-12-27 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 31.
Recompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-10 NMSA 1978 as 12-12-27 NMSA 1978, effective July 1, 2005.
The 2007 amendment, effective July 1, 2007, changed the title of the act.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Third-party defense to liability under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9607), 105 A.L.R. Fed. 21.
Arranger liability of sellers pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(3)), 125 A.L.R. Fed. 315.
Arranger liability of state government under § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)), 130 A.L.R. Fed. 431.
Arranger liability of nongenerators pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(3)), 132 A.L.R. Fed. 77.
Liability of local government under § 107(a) of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USCS § 9607(a)), 133 A.L.R. Fed. 293.
What constitutes "disposal" for purposes of owner or operator liability under § 107(a)(2) of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USCS § 9607(a)(2)), 136 A.L.R. Fed. 117.
Private entity's status as owner or operator under § 107 (a)(1,2) of Comprehensive Environmental Response, and Liability Act (42 USCS § 9607 (a)(1,2)) (CERCLA), 140 A.L.R. Fed. 181.
Equitable allocation of response costs in contribution action under § 113(f) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9613(f): Factors affecting response cost liability of generator, broker or arranger, and transporter in single waste stream cases, 146 A.L.R. Fed. 363.
Amount and characteristics of wastes as equitable factors in allocation of response costs pursuant to § 113(f)(1) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.A. § 9613(f)(1): multiple waste streams, 162 A.L.R. Fed. 371.
Structure New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 12 - Hazardous Materials Emergency Response
Section 12-12-1 - Short title.
Section 12-12-2 - Definitions.
Section 12-12-3 - Energy supply alert; energy emergency; powers of the governor.
Section 12-12-4 - Delegation; administration and enforcement.
Section 12-12-5 - Termination [of emergency or alert].
Section 12-12-6 - Legislative extension; reduction; suspension.
Section 12-12-7 - Penalties and enforcement.
Section 12-12-9 - Liberal interpretation.
Section 12-12-10 - Short title.
Section 12-12-11 - Purpose and findings.
Section 12-12-12 - Definitions.
Section 12-12-13 - Consent as a condition of doing business.
Section 12-12-14 - Prohibited acts.
Section 12-12-16 - Right of action; injunction; damages.
Section 12-12-17 - Short title.
Section 12-12-18 - Findings and purpose.
Section 12-12-19 - Definitions.
Section 12-12-23 - Hazardous materials emergency response administrator; created; duties.
Section 12-12-24 - Training officers.
Section 12-12-25 - Hazardous materials safety board; creation; duties.
Section 12-12-26 - Accident review; report.
Section 12-12-28 - Good Samaritan law.
Section 12-12-29 - Orphan material recovery fund established.
Section 12-12-30 - Cleanup of orphan hazardous materials; department recourse; appeal.