A. Any person who knowingly violates any paragraph of Subsection A of Section 74-9-31 NMSA 1978:
(1) if the violation involves a quantity of solid waste that is less than five thousand pounds, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or
(2) if the violation involves a quantity of solid waste that is five thousand pounds or greater, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
B. Any person who knowingly violates any paragraph of Subsection A of Section 74-9-31 NMSA 1978 and the violation involves any quantity of infectious waste is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. Any person who is convicted of a second or subsequent violation of Section 74-9-31 NMSA 1978 pursuant to the provisions of Paragraph (2) of Subsection A or Subsection B or D of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
D. Any person who knowingly omits any material information or knowingly makes a false material statement or representation required pursuant to the provisions of Section 74-9-20 or 74-9-21 NMSA 1978 is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978.
History: Laws 1990, ch. 99, § 37; 1995, ch. 132, § 2.
The 1995 amendment, effective April 5, 1995, added Subsection A; redesignated former Subsection A as Subsection B; in Subsection B, inserted "knowingly", substituted "and the violation involves any quantity of infectious waste" for "if the cost of cleaning up the disposed solid waste is less than ten thousand dollars ($10,000)", and substituted "fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978" for "misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978"; added Subsection C; deleted former Subsection B providing the penalty for individuals violating the Solid Waste Act where the cost of clean up is ten thousand dollars ($10,000) or greater; redesignated former Subsection C as Subsection D; in Subsection D, substituted "knowingly omits any material" for "willfully fails to disclose or makes an intentional false disclosure of", inserted "or knowingly makes a false material statement or representation", and substituted "Section 74-9-20 or 74-9-21 NMSA 1978" for "Section 20 or 21 of the Solid Waste Act"; and made minor stylistic changes throughout the section.
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.