A. The department may bring an abatement action pursuant to the provisions of Section 30-8-8 NMSA 1978 to eliminate an illegal dumpsite.
B. The secretary may act administratively to eliminate illegal dumpsites pursuant to the provisions of the Recycling and Illegal Dumping Act.
C. Nothing in this section shall prohibit a municipality, county, Indian nation, pueblo or tribe, land grant community or cooperative association from contracting for services to complete an abatement action.
History: Laws 2005, ch. 171, § 11.
Effective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 13 - Recycling and Illegal Dumping Act
Section 74-13-1 - Short title.
Section 74-13-2 - Legislative purposes.
Section 74-13-3 - Definitions.
Section 74-13-4 - Prohibited acts.
Section 74-13-5 - Facilities; entry by department; availability of records to department and others.
Section 74-13-6 - Administration of act.
Section 74-13-7 - Recycling and illegal dumping alliance.
Section 74-13-8 - Rules; authority and content.
Section 74-13-9 - Scrap tire manifest system.
Section 74-13-10 - Solid waste permit exemption.
Section 74-13-11 - Abatement of illegal dumpsite.
Section 74-13-12 - Authorization for abatement contracts.
Section 74-13-13 - Enforcement; compliance orders.
Section 74-13-14 - Enforcement; field citations.
Section 74-13-15 - Judicial review of administrative actions.
Section 74-13-16 - Penalty; criminal.
Section 74-13-17 - Grants; eligibility; applications.
Section 74-13-18 - Rubberized asphalt program.
Section 74-13-19 - Recycling and illegal dumping fund created.