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 74-13-4 – 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. […]
Section 74-12-8 – Construction industries division; duties.
The construction industries division of the regulation and licensing department shall review the outdoor lighting provisions in the uniform building codes used in New Mexico and make recommendations for appropriate changes to comply with the provisions of the Night Sky Protection Act and shall permit and inspect, to the standards set forth in the Night […]
Section 74-12-9 – Costs of replacement; recovery.
If public utilities are required pursuant to the provisions of the Night Sky Protection Act or by local government ordinances to accelerate replacement of lighting fixtures, the cost of such replacement shall be included in rates approved by the public regulation commission. History: Laws 1999, ch. 197, § 9. ANNOTATIONS Effective dates. — Laws 1999, […]
Section 74-12-10 – Violations; penalty.
Any person, firm or corporation violating the provisions of the Night Sky Protection Act shall be punished as follows: A. for a first offense, the offender may be issued a warning; and B. for a second offense or offense that continues for thirty days from the date of the warning, twenty-five dollars ($25.00) minus the […]