Chapter 74, Article 4 NMSA 1978 may be cited as the "Hazardous Waste Act".
History: 1953 Comp., § 12-9B-1, enacted by Laws 1977, ch. 313, § 1; 1983, ch. 302, § 1.
Cross references. — For Voluntary Remediation Act, see Chapter 74, Article 4G NMSA 1978.
An implied private right of action does not exist under this section and a negligence per se claim may not be predicated on a violation of this section. Schwartzman, Inc. v. Atchison, T. & S.F. Ry., 857 F. Supp. 838 (D.N.M. 1994).
Administrative warrant was lawful where the New Mexico Hazardous Waste Act authorizes the acts specified in the warrant to be carried out by the New Mexico environment department's officers and agents. Eden v. Voss, 105 Fed. Appx. 234 (10th Cir. 2004).
Law reviews. — For article, "Rights of New Mexico Municipalities Regarding the Siting and Operation of Privately Owned Landfills," see 21 N.M.L. Rev. 149 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Standing to sue for violation of state environmental regulatory statute, 66 A.L.R.4th 685.
Validity of local regulation of hazardous waste, 67 A.L.R.4th 822.
Validity, construction, and application of state hazardous waste regulations, 86 A.L.R.4th 401.
Common-law strict liability in tort of prior landowner or lessee to subsequent owner for contamination of land with hazardous waste resulting from prior owner's or lessee's abnormally dangerous or ultrahazardous activity, 13 A.L.R.5th 600.
Recovery of punitive damages for injuries resulting from transport, handling, and storage of toxic or hazardous substances, 39 A.L.R.5th 763.
Governmental recovery of cost of hazardous waste removal under Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9601 et seq.), 70 A.L.R. Fed. 329.
State or local regulation of toxic substances as pre-empted by Toxic Substances Control Act (15 USCS § 2601 et seq.), 84 A.L.R. Fed. 913.
Right to maintain action based on violation of § 7003 of Resource Conservation and Recovery Act (42 USCS § 6973) pertaining to imminent hazards from solid or hazardous waste, 105 A.L.R. Fed. 800.
Necessity of proof of scienter under statute fixing criminal penalties for hazardous waste violations (42 USCS § 6928(d)), 106 A.L.R. Fed. 836.
Transporter liability under § 107(a)(4) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USC § 9606(a)(4)), 112 A.L.R. Fed. 49.
What are "necessary costs of response" within meaning of § 107(a)(4)(B) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USC § 9607(a)(4)(B)), 113 A.L.R. Fed. 1
Propriety of negotiated settlements in government cleanup actions under federal hazardous waste statutes, 114 A.L.R. Fed. 1
Liability of parent or successor corporation, or corporate shareholders, in action pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS §§ 9601-9675), 121 A.L.R. Fed. 173.
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 "hazardous waste" subject to regulation under Resource Conservation and Recovery Act (42 USCS §§ 6901 et seq.), 135 A.L.R. Fed. 197.
Indemnification or release agreement as covering liability under § 107 (A) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607 (a)), 139 A.L.R. Fed. 123.
Application of Statute of Limitations (42 USCS § 9613 (g)(2)) in action under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607) for recovery of costs for removal or remedial action, 142 A.L.R. Fed. 115.
Application of Statutes of Limitations (42 USCS § 9613 (g)) in action under § 113(f) of Comprehensive Environmental Response Compensation, and Liability Act (CERCLA) (42 USCS § 9613(f)) for contribution for response costs or damages, 143 A.L.R. Fed. 591.
Construction and application of Statute of Limitations (42 USCS § 9613(g)(1)) for action under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607) for Natural Resource Damages, 144 A.L.R. Fed. 285.
Equitable considerations in allocating response costs to owner or occupant of previously contaminated facility in action pursuant to § 113(f) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCA § 9613(f)), 148 A.L.R. Fed. 203.
Supreme Court's views as to validity, construction and application of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9601 et seq.), 157 A.L.R. Fed. 291.
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 74 - Environmental Improvement
Section 74-4-3.1 - Application of act.
Section 74-4-3.3 - Hazardous wastes of other states.
Section 74-4-4 - Duties and powers of the board.
Section 74-4-4.2 - Permits; issuance; denial; modification; suspension; revocation.
Section 74-4-4.3 - Entry; availability of records.
Section 74-4-4.4 - Storage tanks; registration; installer certification; tester certification; fees.
Section 74-4-4.5 - Hazardous waste fund created; appropriation.
Section 74-4-4.7 - Permit applicant disclosure.
Section 74-4-4.8 - Storage tank fund created; appropriation.
Section 74-4-5 - Adoption of regulations; notice and hearing.
Section 74-4-7 - Containment and cleanup of hazardous substance incidents; division powers.
Section 74-4-8 - Emergency fund.
Section 74-4-9 - Existing hazardous waste facilities; interim status.
Section 74-4-10 - Enforcement; compliance orders; civil penalties.
Section 74-4-10.1 - Hazardous waste monitoring, analysis and testing.
Section 74-4-11 - Penalty; criminal.
Section 74-4-12 - Penalty; civil.
Section 74-4-13 - Imminent hazards; authority of director; penalties.