New Mexico Statutes
Article 4 - Hazardous Wastes
Section 74-4-3.1 - Application of act.

Nothing in the Hazardous Waste Act shall be construed to apply to any activity or substance which is subject to the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1251 et seq.), the Safe Drinking Water Act, as amended, (42 U.S.C. 300f et seq.) or the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2011 et seq.) except to the extent that such application or regulation is not inconsistent with the requirements of such acts; nor shall the Hazardous Waste Act apply to the treatment, storage or disposal of wastes under a permit issued pursuant to the Surface Mining Act [Chapter 69, Article 25A NMSA 1978] or the federal Surface Mining Control and Reclamation Act of 1977, as amended, or to any farmer disposing of waste pesticides from his own use, provided he triple rinses each emptied pesticide container and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instructions on the pesticide label.
History: 1978 Comp., § 74-4-3.1, enacted by Laws 1981 (1st S.S.), ch. 8, § 3.
Compiler's notes. — The Federal Water Pollution Control Act, referred to near the beginning of this section, has been superseded by the Water Pollution Control Act, which appears as 33 U.S.C. § 1251 et seq.
Cross references. — For the federal Surface Mining Control and Reclamation Act of 1977, see 30 U.S.C. § 1201 et seq.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 74 - Environmental Improvement

Article 4 - Hazardous Wastes

Section 74-4-1 - Short title.

Section 74-4-2 - Purpose.

Section 74-4-3 - Definitions.

Section 74-4-3.1 - Application of act.

Section 74-4-3.2 - Repealed.

Section 74-4-3.3 - Hazardous wastes of other states.

Section 74-4-4 - Duties and powers of the board.

Section 74-4-4.1 - Hazardous agricultural waste; duties and responsibilities of the department of agriculture.

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Section 74-4-4.6 - Repealed.

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Section 74-4-6 - Repealed.

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.

Section 74-4-14 - Administrative actions; judicial review.