A. Any facility owner or operator who is required by any section of Title III to file a written notice or report to the commission shall file that notice or report on or before the required deadline with the department. With the exception of the written follow-up emergency notice required in Section 304(c) of Title III, all notices shall be filed annually and shall confirm or amend information previously filed. Facility owners or operators shall file with the department:
(1) notice that an extremely hazardous substance, at or above a specified quantity, is present at a facility;
(2) notice that a release of any chemical substance has occurred at or above reportable quantities determined by the commission. The contents of the notice shall be determined by the commission. The notice shall be filed as soon as practicable following a release;
(3) an inventory form covering each hazardous material. This form shall be filed annually on or before March 1; and
(4) a toxic chemical release inventory form. This reporting requirement shall apply to facility owners and operators that have ten or more employees and that are in standard industrial classification codes 20 through 39, as in effect July 1, 1985. The form shall be filed annually on or before July 1.
B. The commission may simplify forms to be used for reporting, set deadlines for filing written notices or reports and adopt other regulations for the enforcement of the Hazardous Chemicals Information Act.
History: Laws 1989, ch. 149, § 5.
Compiler's notes. — For the meaning of Title III, see Subsection H of 74-4E-3 NMSA 1978.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
Article 4E - Hazardous Chemicals Information Act
Section 74-4E-1 - Short title.
Section 74-4E-2 - Purpose of act.
Section 74-4E-3 - Definitions.
Section 74-4E-4 - Commission created; membership; terms; duties; immunity granted.
Section 74-4E-5 - Notices and reports required; deadlines set.
Section 74-4E-6 - Availability of information to the public; regulations promulgated.
Section 74-4E-8 - Hazardous chemicals reporting fees; schedule; distribution.