Section 74-13-13 – Enforcement; compliance orders.
A. Whenever the secretary determines that a person has violated or is violating any requirement or prohibition of the Recycling and Illegal Dumping Act, a rule adopted pursuant to that act or a condition of a permit issued pursuant to that act, the secretary may: (1) issue a compliance order stating with reasonable specificity the […]
Section 74-13-14 – Enforcement; field citations.
A. The board shall implement a field citation program by adopting rules establishing appropriate minor violations for which field citations assessing civil penalties not to exceed one thousand dollars ($1,000) per day of violation may be issued by local government authorities or employees of the department as designated by the secretary. B. A field citation […]
Section 74-13-15 – Judicial review of administrative actions.
A person adversely affected by an administrative action taken by the secretary pursuant to the provisions of the Recycling and Illegal Dumping Act may appeal the action pursuant to Section 39-3-1.1 NMSA 1978. History: Laws 2005, ch. 171, § 15. ANNOTATIONS Effective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant […]
Section 74-13-16 – Penalty; criminal.
A. A person who knowingly violates Section 4 [74-13-4 NMSA 1978] of the Recycling and Illegal Dumping Act: (1) is guilty of a misdemeanor if the violation involves a quantity of scrap tires or tire-derived products that is less than five thousand pounds and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA […]
Section 74-13-1 – Short title.
Sections 1 through 20 [74-13-1 to 74-13-20 NMSA 1978] of this act may be cited as the “Recycling and Illegal Dumping Act”. History: Laws 2005, ch. 171, § 1. ANNOTATIONS Effective dates. — Laws 2005, ch. 171 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, […]
Section 74-13-2 – Legislative purposes.
The purposes of the Recycling and Illegal Dumping Act are to: A. protect the health and welfare of current and future residents of New Mexico by providing for the prevention and abatement of illegal dumpsites; B. promote environmentally sound methods for reuse and recycling; C. create a statewide recycling alliance involving the cooperation of cities, […]
Section 74-13-3 – Definitions.
As used in the Recycling and Illegal Dumping Act: A. “abatement” means to reduce in amount, degree or intensity or to eliminate; B. “agricultural use” means the beneficial use of scrap tires in conjunction with the operations of a farm or ranch that includes construction projects and aids in the storage of feed; C. “alliance” […]
Section 74-13-4 – Prohibited acts.
A. A person shall not store or use in a civil engineering application, except for agricultural use, more than one hundred scrap tires anywhere in this state, unless the person has a valid permit or registration from the department. B. A person shall not operate or maintain a tire recycling facility unless the facility has […]
Section 74-13-5 – Facilities; entry by department; availability of records to department and others.
A. The secretary or any authorized representative, employee or agent of the department may: (1) enter a facility of a scrap tire generator, scrap tire hauler or tire recycling facility at any reasonable time for the purpose of making a routine inspection or investigation of scrap tire management practices based on reasonable evidence of a […]
Section 74-13-6 – Administration of act.
The department is responsible for the administration and enforcement of the provisions of the Recycling and Illegal Dumping Act and of all rules adopted by the board pursuant to the provisions of that act. The department is delegated all authority necessary and appropriate to carry out its responsibilities. History: Laws 2005, ch. 171, § 6. […]