Section 12-12-28 – Good Samaritan law.
A. Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened release of hazardous materials, or in preventing, cleaning up or disposing or attempting to prevent, clean up or dispose of such release, shall be subject to […]
Section 12-12-29 – Orphan material recovery fund established.
A. There is created in the state treasury the “orphan material recovery fund”. The fund shall be invested as other state funds are invested. All money remaining in the orphan material recovery fund at the end of any fiscal year shall remain in that fund. B. The department shall administer the orphan material recovery fund. […]
Section 12-12-30 – Cleanup of orphan hazardous materials; department recourse; appeal.
The department may assess charges against a party identified as responsible for orphan hazardous materials, for costs the department incurs in cleanup of the orphan hazardous materials and for damage to state property. Amounts received in payment of assessments for cleanup of the orphan hazardous materials shall be deposited in the orphan material recovery fund. […]
Section 12-12-26 – Accident review; report.
After any hazardous materials accident which required the presence of an emergency management team, including a local government team pursuant to a cooperative agreement, the board shall meet to review the performance of the team and to establish the probable cause of the accident. The board shall report its findings to the task force and […]
Section 12-12-27 – Clean-up.
Nothing in the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978] shall be construed to relieve hazardous materials owners, shippers or carriers of their responsibilities and liability in the event of an accident. Such persons shall assist the state as requested in responding to an accident and are responsible for restoring the scene […]
Section 12-12-16 – Right of action; injunction; damages.
Whenever the attorney general of New Mexico, after complaint has been filed by any person alleging injury hereunder or upon his own initiative after investigation made, believes any supplier has violated, or is knowingly in violation of, the provisions of the Emergency Petroleum Products Supply Act [12-12-10 to 12-12-16 NMSA 1978], the attorney general shall […]
Section 12-12-17 – Short title.
Sections 12-12-17 through 12-12-30 NMSA 1978 may be cited as the “Hazardous Materials Emergency Response Act”. History: 1978 Comp., § 74-4B-1, enacted by Laws 1983, ch. 80, § 1; 1984, ch. 41, § 1; recompiled as § 12-12-17 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 25. ANNOTATIONS Recompilations. — Laws 2005, […]
Section 12-12-18 – Findings and purpose.
A. The legislature finds that the use of hazardous materials, including radioactive materials, and the transportation of such materials through or within New Mexico occurs on a daily basis, and, no matter how safety-conscious facilities, users, shippers or carriers are, accidents may occur. In the event of an accident, resource requirements may be beyond the […]
Section 12-12-19 – Definitions.
As used in the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978]: A. “accident” means an event involving hazardous materials that may cause injury to persons or damage to property or release hazardous materials to the environment; B. “administrator” means the hazardous materials emergency response administrator; C. “board” means the hazardous materials safety […]
Section 12-12-20 – State responsibility for management of accidents; immunity from liability; cooperative agreements; private property.
A. The state director shall have final authority to administer the provisions of the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978]. B. As between state and local governments, the state government has the primary responsibility for the management of an accident, and the local government in whose jurisdiction the accident occurs shall […]