Each application filed with the division for a permit under the provisions of Section 74-9-20 NMSA 1978 shall include documentary proof that the applicant has provided notice of the filing of the application to the public and other affected individuals and entities. The board shall adopt a regulation specifying the required content of the notice. The notice shall be:
A. provided by certified mail to the owners of record, as shown by the most recent property tax schedule, of all properties:
(1) within one hundred feet of the property on which the facility is located or proposed to be located if the facility is or will be in a class A or H class county or a municipality with a population of more than two thousand five hundred persons; or
(2) within one-half mile of the property on which the facility is located or proposed to be located if the facility is or will be in a county or municipality other than those specified in Paragraph (1) of this subsection;
B. provided by certified mail to all municipalities and counties in which the facility is or will be located and to the governing body of any county, municipality, Indian tribe or pueblo when the boundary of the territory of the county, municipality, Indian tribe or pueblo is within a ten mile radius of the property on which the facility is proposed to be constructed, operated or closed;
C. published once in a newspaper of general circulation in each county in which the property on which the facility is proposed to be constructed, operated or closed is located. This notice shall appear in either the classified or legal advertisements section of the newspaper and at one other place in the newspaper calculated to give the general public the most effective notice and, when appropriate, shall be printed in both English and Spanish; and
D. posted in at least four publicly accessible and conspicuous places, including the proposed or existing facility entrance on the property on which the facility is or is proposed to be located.
History: Laws 1990, ch. 99, § 22; 1993, ch. 172, § 1.
The 1993 amendment, effective June 18, 1993, changed the style of the statutory reference in the first sentence and substituted "the governing body of any county, municipality, Indian tribe or pueblo when the boundary of the territory of the county, municipality, Indian tribe or pueblo is" for "all municipalities and counties" in Subsection B.
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Failure to give proper notice. — Form of publication employed by the landfill did not substantially fulfill the statutory requirement of a single publication in which the notice appeared in both the legal/classified section and one other place calculated to give the general public the most effective notice; therefore, the administrative proceedings conducted subsequent to the landfill's defective notice were invalid. Martinez v. Maggiore, 2003-NMCA-043, 133 N.M. 472, 64 P.3d 499.
Standing. — Residents were proper persons to raise the landfill's failure to publish notice as required by Subsection C. Martinez v. Maggiore, 2003-NMCA-043, 133 N.M. 472, 64 P.3d 499.
Structure New Mexico Statutes
Chapter 74 - Environmental Improvement
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 74-9-17 - 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 74-9-27 - 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 74-9-35.1 - 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.