Chapter 74 — Chapter 74

A. The environmental improvement board shall have exclusive authority to promulgate regulations prescribing the conditions for transport of radioactive material on the highways. Such conditions shall include the conditions of transport that the environmental improvement board fin…

A. The committee shall be composed of twelve members. The legislative council shall appoint six members from the house of representatives and six members from the senate and may include members of the council, notwithstanding the provisions of Subsection D of Section 2-3-3 NMSA 1…

At the beginning of each interim, the committee shall hold one organizational meeting to develop a work plan and budget for the period prior to January 1 preceding the next regular session of the legislature. The work plan and budget shall be submitted to the New Mexico legislati…

A. A person shall not store or dispose of radioactive materials, transuranic contaminated waste or low-level waste in a disposal facility until the state has consented to or concurred in the creation of the disposal facility. B. A person shall not store or dispose of spent fuel o…

Subcommittees shall be created only by majority vote of all members appointed to the committee and with the approval of the legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least …

The committee shall meet regularly to review the work of, and work with, the task force. Prior to the state's acceptance of any agreement, the committee shall review and advise the task force of committee concerns and recommendations regarding all agreements negotiated by or in t…

The staff for the committee shall be provided by the legislative council service. History: Laws 1979, ch. 380, § 14. 74-4A-15 to 74-4A-19. Repealed.

Sections 74-4A-1 through 74-4A-14 NMSA 1978 may be cited as the "Radioactive and Hazardous Materials Act". History: Laws 1979, ch. 380, § 1; 1981, ch. 374, § 1; 1986, ch. 61, § 1; 1991, ch. 204, § 2.

A. The legislature finds that there is presently much public and state concern in the area of public health and safety over: (1) the proposed waste isolation pilot plant for defense-related radioactive wastes; (2) the safe treatment and disposal of hazardous wastes and the regula…

As used in the Radioactive and Hazardous Materials Act: A. "committee" means the joint interim legislative radioactive and hazardous materials committee; B. "disposal" means the long-term isolation of radioactive material, including long- term monitored storage which permits retr…

ANNOTATIONS Repeals. — Laws 1981, ch. 374, § 7, repealed 74-4A-5 NMSA 1978, as enacted by Laws 1979, ch. 380, § 4, relating to state approval of disposal facilities, effective April 10, 1981. For present comparable provisions, see 74-4A-11.1 NMSA 1978.

There is created the "radioactive waste consultation task force". The task force shall consist of the secretaries of energy, minerals and natural resources; health; environment; public safety; transportation; homeland security and emergency management; and Indian affairs or their…

A. The task force shall negotiate for the state with the federal government in all areas relating to siting, licensing and operation of new federal disposal facilities, including research, development and demonstration, for high-level radioactive wastes, transuranic radioactive w…

A. The task force may make procedural rules deemed necessary to carry out the provisions of Section 74-4A-7 NMSA 1978. B. The task force may solicit and accept grants from federal or private sources for projects and undertakings that further the purposes of Section 74-4A-7 NMSA 1…

There is created a joint interim legislative committee which shall be known as the "radioactive and hazardous materials committee". The committee shall function from the date of its appointment. History: Laws 1979, ch. 380, § 8; 1983, ch. 22, § 2; 1986, ch. 61, § 6; 1991, ch. 2, …

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-1 NMSA 1978 as 12-12-17 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-10 NMSA 1978 as 12-12-27 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-10.1 NMSA 1978 as 12-12-28 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Repeals. — Laws 1989, ch. 149, § 16 repealed 74-4B-11 NMSA 1978, as enacted by Laws 1983, ch. 80, § 11, relating to report of task force to committee governor and legislature, effective July 1, 1989.

ANNOTATIONS Repeals. — Laws 1991, ch. 44, § 3 repealed 74-4B-12 NMSA 1978, as enacted by Laws 1988, ch. 14, § 6, relating to the emergency response fund, effective July 1, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-13 NMSA 1978 as 12-12-29 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-14 NMSA 1978 as 12-12-30 NMSA 1978, effective July 1, 2005. ARTICLE 4C Hazardous Waste Feasibility Studies

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-2 NMSA 1978 as 12-12-18 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-3 NMSA 1978 as 12-12-19 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-4 NMSA 1978 as 12-12-20 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-5 NMSA 1978 as 12-12-21 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-6 NMSA 1978 as 12-12-22 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-6.1 NMSA 1978 as 12-12-23 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-7 NMSA 1978 as 12-12-24 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-8 NMSA 1978 as 12-12-25 NMSA 1978, effective July 1, 2005.

ANNOTATIONS Recompilation. — Laws 2005, ch. 22, § 4 recompiled former 74-4B-9 NMSA 1978 as 12-12-26 NMSA 1978, effective July 1, 2005.

This act [74-4C-1 to 74-4C-4 NMSA 1978] may be cited as the "Hazardous Waste Feasibility Study Act". History: Laws 1985 (1st S.S.), ch. 4, § 1.

A. The legislature recognizes that there is a growing need to identify the magnitude of hazardous waste generation in New Mexico and sites at which materials classified as hazardous wastes can be treated or disposed of. The selection of sites for such hazardous waste activities i…

As used in the Hazardous Waste Feasibility Study Act: A. "committee" means the radioactive materials committee [radioactive and hazardous materials committee]; B. "division" means the environmental improvement division of the health and environment department [department of envir…

A. The committee, after consultation with the division as to the scope of the study, shall contract with public or private entities to study the magnitude of the problem of hazardous waste generation and disposal in New Mexico, including current and projected hazardous waste gene…

Chapter 74, Article 4E NMSA 1978 may be cited as the "Hazardous Chemicals Information Act". History: Laws 1989, ch. 149, § 1; 2007, ch. 291, § 32.

The purpose of the Hazardous Chemicals Information Act is to ensure that current information on the nature and location of hazardous chemicals is available to local emergency planning committees, emergency responders and the public as required by Title III. History: Laws 1989, ch…

As used in the Hazardous Chemicals Information Act: A. "commission" means the state emergency response commission; B. "department" means the homeland security and emergency management department; C. "emergency responder" means any law enforcement officer, firefighter, medical ser…

immunity granted. A. The "state emergency response commission" is created. The commission shall consist of seven members who shall be qualified voters of the state of New Mexico. All members shall be appointed by the governor. Among the members appointed, there shall be represent…

A. Any facility owner or operator who is required by any section of Title III to file a written notice or report to the commission shall file that notice or report on or before the required deadline with the department. With the exception of the written follow-up emergency notice…

promulgated. A. The department shall make information, not defined as confidential, gathered under Section 5 [74-4E-5 NMSA 1978] of the Hazardous Chemicals Information Act available to any citizen of the state upon written request. B. The department shall promulgate policies and …

ANNOTATIONS Repeals. — Laws 1989, ch. 149, § 17 repealed 74-4E-7 NMSA 1978, as enacted by Laws 1989, ch. 149, § 7, relating to creation of the hazardous chemicals information management fund, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOn…

distribution. A. Any facility owner or operator required to file an inventory form covering a hazardous material as required in Paragraph (3) of Subsection A of Section 5 [74-4E-5 NMSA 1978] of the Hazardous Chemicals Information Act shall pay at the time of filing a fee of twent…

After July 1, 1990, any facility owner or operator who knowingly, willfully, and intentionally fails to file any notice, form or report or to pay any fee required by the Hazardous Chemicals Information Act [74-4E-1 to 74-4E-9 NMSA 1978] shall pay a civil penalty no greater than f…

History: Laws 1996, ch. 37, § 1; repealed by Laws 2007, ch. 319, § 67.

History: Laws 1996, ch. 37, § 2; repealed by Laws 2007, ch. 319, § 67.

History: Laws 1996, ch. 37, § 3; repealed by Laws 2004, ch. 78, § 2.

History: Laws 1996, ch. 37, § 4; repealed by Laws 2007, ch. 319, § 67.

History: Laws 1996, ch. 37, § 5; repealed by Laws 2007, ch. 319, § 67.

History: Laws 1996, ch. 37, § 6; repealed by Laws 2007, ch. 319, § 67.