A. A person who knowingly violates Section 4 [74-13-4 NMSA 1978] of the Recycling and Illegal Dumping Act:
(1) is guilty of a misdemeanor if the violation involves a quantity of scrap tires or tire-derived products that is less than five thousand pounds and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or
(2) is guilty of a fourth degree felony if the violation involves a quantity of scrap tires or tire-derived products that is five thousand pounds or greater and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
B. A person who knowingly omits any substantive information or knowingly makes a false substantive statement or representation required pursuant to the Recycling and Illegal Dumping Act or rule adopted pursuant to the provisions of that act is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.
History: Laws 2005, ch. 171, § 16.
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.