A. The Air Quality Control Act is supplementary to other legislation and does not repeal any laws but takes precedence over any law that conflicts with the provisions of that act.
B. All county and municipal ordinances and all state, county and municipal regulations relating to air quality and air pollution are continued in effect until revised or repealed by the governmental body or administrative agency having jurisdiction; provided that copies of each ordinance and regulation:
(1) were filed under the State Rules Act [Chapter 14, Article 4 NMSA 1978] on or before May 3, 1967; or
(2) if adopted after May 3, 1967:
(a) were adopted by a governmental body or administrative agency having jurisdiction to do so under the Air Quality Control Act as in effect at the time of such adoption; and
(b) if required by the Air Quality Control Act as in effect at the time of such adoption, have been filed under the State Rules Act.
History: 1953 Comp., § 12-14-13, enacted by Laws 1967, ch. 277, § 13; 1970, ch. 58, § 12; 1992, ch. 20, § 20.
The 1992 amendment, effective March 5, 1992, substituted "existing" for "present" in the section catchline; designated the formerly undesignated first sentence as Subsection A, while therein substituting all of the present language following "repeal any laws" for "except those in direct conflict therewith"; rewrote and restructured the formerly undesignated second sentence as the introductory paragraph of Subsections B and B(1); and added Subsection B(2).
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Section 74-2-3 - Environmental improvement board.
Section 74-2-4 - Local authority.
Section 74-2-5 - Duties and powers; environmental improvement board; local board.
Section 74-2-5.1 - Duties and powers of the department and the local agency.
Section 74-2-5.2 - State air pollution control agency; specific duties and powers of the department.
Section 74-2-6 - Adoption of regulations; notice and hearings.
Section 74-2-9 - Judicial review; administrative actions.
Section 74-2-10 - Emergency powers of the secretary and the director.
Section 74-2-11 - Confidential information.
Section 74-2-11.1 - Limitations on regulations.
Section 74-2-12 - Enforcement; compliance orders; field citations.
Section 74-2-14 - Criminal penalties.
Section 74-2-15 - State air quality permit fund.
Section 74-2-16 - Municipal or county air quality permit fund.
Section 74-2-17 - Continuing effect of existing laws, rules and regulations.