New Mexico Statutes
Article 9 - Solid Waste Act
Section 74-9-1 - Short title.

Sections 1 through 42 and 72 and 73 of this act may be cited as the "Solid Waste Act".
History: Laws 1990, ch. 99, § 1.
Compiler's notes. — The phrase "this act", referred to in this section, means Laws 1990, ch. 99, sections 1 to 42 and 72 and 73 of which constitute the Solid Waste Act. Sections 1 to 42 appear as 74-9-1 to 74-9-42 NMSA 1978 and Sections 72 and 73 are a severability clause and a saving clause respectively, which are noted under 74-9-42 and 74-9-1 NMSA 1978, respectively.
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).
For article, "The New Mexico Solid Waste Act: A Beginning for Control of Municipal Solid Waste in the Land of Enchantment," see 21 N.M.L. Rev. 167 (1990).
For article, "Strict Liability Under the New Mexico Solid Waste Act: A Comparison with CERCLA," see 21 N.M.L. Rev. 195 (1990).

Structure New Mexico Statutes

New Mexico Statutes

Chapter 74 - Environmental Improvement

Article 9 - Solid Waste Act

Section 74-9-1 - Short title.

Section 74-9-2 - Purposes.

Section 74-9-3 - Definitions.

Section 74-9-4 - Plan; requirement.

Section 74-9-5 - Plan; effect.

Section 74-9-6 - Plan; required provisions.

Section 74-9-7 - Plan; information required from counties and municipalities.

Section 74-9-8 - Board adoption of initial regulations.

Section 74-9-9 - Board review and modification of initial regulations after approval of plan.

Section 74-9-10 - Board adoption of regulations for source reduction and recycling programs.

Section 74-9-11 - Establishment of solid waste districts; requirements; changing boundaries.

Section 74-9-12 - Comprehensive state solid waste management program.

Section 74-9-13 - Comprehensive state solid waste management report.

Section 74-9-14 - Division; powers and duties.

Section 74-9-15 - Specific program; state government source reduction and recycling.

Section 74-9-16 - Specific program; post-secondary educational institutions source reduction and recycling.

Section 74-9-17 - Specific program; education to promote source reduction and recycling.

Section 74-9-18 - Specific program; household hazardous waste management.

Section 74-9-19 - Specific program; procurement of recycled supplies and materials.

Section 74-9-20 - Solid waste facility permit; application; information required.

Section 74-9-21 - Permit applicant disclosure.

Section 74-9-22 - Solid waste facility permit; notice of application.

Section 74-9-23 - Solid waste facility permit; when application deemed complete; notice of hearing.

Section 74-9-24 - Solid waste facility permit; issuance and denial; grounds; notification of decision; permit recording requirement.

Section 74-9-25 - Application for modification of a permit; review by director and action pursuant to regulations.

Section 74-9-26 - Nonadjudicatory actions under Solid Waste Act that are subject to prior hearing requirement.

Section 74-9-27 - Hearing provisions for nonadjudicatory actions.

Section 74-9-28 - Prior hearing requirement for all adjudicatory actions.

Section 74-9-29 - Hearing provisions for adjudicatory actions.

Section 74-9-30 - Judicial review of administrative actions.

Section 74-9-31 - Prohibited acts.

Section 74-9-32 - Exemptions; requirements for granting.

Section 74-9-33 - Facilities; entry by division; availability of records to division and others.

Section 74-9-34 - Liability; defenses; indemnification.

Section 74-9-35 - Financial responsibility for solid waste generators and operators of solid waste facilities.

Section 74-9-35.1 - Legislative findings.

Section 74-9-35.2 - Review of contracts and leases.

Section 74-9-36 - Enforcement; compliance orders.

Section 74-9-37 - Penalty; criminal.

Section 74-9-38 - Penalty; civil.

Section 74-9-39 - Solid waste assessment fee.

Section 74-9-40 - Grants program; duties of division.

Section 74-9-41 - Solid waste facility grant fund created; administration.

Section 74-9-42 - No preemption of local authority.

Section 74-9-43 - Authority to accept nondomestic oil, gas and geothermal wastes.