A. The department of agriculture shall be responsible for the enforcement of all board regulations adopted pursuant to the Hazardous Waste Act regarding generators of hazardous agricultural waste. The division shall enforce those board regulations pertaining to transporters, treaters, storers and disposers of hazardous agricultural waste.
B. In the exercise of the responsibility prescribed in Subsection A of this section, the department of agriculture shall have the same authority as that delegated to the division, including the director.
C. In the adoption of regulations pertaining to hazardous agricultural waste, the board shall make a reasonable effort to consult with the department of agriculture prior to the adoption of the regulations. The department of agriculture shall serve as the technical consultant to the board on matters concerning hazardous agricultural waste.
History: 1978 Comp., § 74-4-4.1, enacted by Laws 1981 (1st S.S.), ch. 8, § 5; 1989, ch. 322, § 3.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 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.
State or local regulation of transportation of hazardous materials as pre-empted by Hazardous Materials Transportation Act (49 U.S.C.S. § 1801 et seq.), 78 A.L.R. Fed. 289.
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.