HGEIC/HB 291/a
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AN ACT
RELATING TO THE ENVIRONMENT; AMENDING THE RECYCLING AND
ILLEGAL DUMPING ACT TO PROMOTE THE STATE'S CIRCULAR ECONOMY;
REQUIRING THE ENVIRONMENTAL IMPROVEMENT BOARD TO ADOPT
REQUIREMENTS AND PROCEDURES FOR A PERSON TO SUBMIT RULES TO
THE BOARD FOR ADOPTION; REQUIRING THE BOARD TO DETERMINE
WHETHER TO HOLD A HEARING WITHIN SIXTY DAYS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 74-13-1 NMSA 1978 (being Laws 2005,
Chapter 171, Section 1) is amended to read:
"74-13-1. SHORT TITLE.--Chapter 74, Article 13 NMSA
1978 may be cited as the "Recycling, Circular Economy and
Illegal Dumping Act"."
SECTION 2. Section 74-13-2 NMSA 1978 (being Laws 2005,
Chapter 171, Section 2) is amended to read:
"74-13-2. LEGISLATIVE PURPOSES.--The purposes of the
Recycling, Circular Economy 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 and to foster a circular economy;
C. create a statewide recycling and circular
economy alliance involving the cooperation of cities, HGEIC/HB 291/a
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counties, state agencies, tribal governments, land grant
communities and private business to encourage economic
development, community development and collaboration that
foster sustainable use of resources and increased recycling
and that promote a circular economy and a cleaner and
healthier environment; and
D. enhance and coordinate existing highway litter
control and removal and recycling efforts that include the
recycling of tires, glass, plastic, metal, paper products,
electronic waste and construction and demolition materials."
SECTION 3. Section 74-13-3 NMSA 1978 (being Laws 2005,
Chapter 171, Section 3) is amended to read:
"74-13-3. DEFINITIONS.--As used in the Recycling,
Circular Economy 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" means the recycling, circular
economy and illegal dumping alliance;
D. "board" means the environmental improvement
board;
E. "circular economy" means an economy that uses a HGEIC/HB 291/a
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systems-focused approach and involves industrial processes
and economic activities that:
(1) are restorative or regenerative by
design;
(2) enable resources used in such processes
and activities to maintain their highest values for as long
as possible; and
(3) aim for the elimination of waste through
the superior design of materials, products and systems,
including business models;
F. "civil engineering application" means the use
of scrap tires or other recycled material in conjunction with
other aggregate materials in engineering applications ;
G. "composting" means the process by which
biological decomposition of organic material is carried out
under controlled conditions and the process stabilizes the
organic fraction into a material that can be easily and
safely stored, handled and used in an environmentally
acceptable manner;
H. "cooperative association" means a refuse
disposal district created pursuant to the Refuse Disposal
Act, a sanitation district created pursuant to the Water and
Sanitation District Act, a special district created pursuant
to the Special District Procedures Act or other associations
created pursuant to the Joint Powers Agreements Act or the HGEIC/HB 291/a
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Solid Waste Authority Act;
I. "department" means the department of
environment;
J. "dispose" means to deposit scrap tires or solid
waste into or on any land or water;
K. "household" means any single and multiple
residence, hotel or motel, bunkhouse, ranger station, crew
quarters, campground, picnic ground or day-use recreation
area;
L. "illegal dumping" means disposal of trash,
scrap tires or any solid waste in a manner that violates the
Solid Waste Act or the Recycling, Circular Economy and
Illegal Dumping Act;
M. "illegal dumpsite" means a place where illegal
dumping has occurred, except as stated in Subsection A of
Section 74-13-4 NMSA 1978;
N. "market development" means activities to expand
or create markets for recyclable and reusable materials that
foster a circular economy;
O. "motor vehicle" means a vehicle or device that
is propelled by an internal combustion engine or electric
motor power that is used or may be used on the public
highways for the purpose of transporting persons or property
and includes any connected trailer or semitrailer;
P. "processing" means techniques to change HGEIC/HB 291/a
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physical, chemical or biological character or composition of
solid waste but does not include composting, transformation
or open burning;
Q. "recycling" means any process by which
recyclable materials are collected, separated or processed
and reused or returned to use in the form of raw materials or
products;
R. "reuse" means the return of a commodity into
the economic stream without a change to its original form;
S. "scrap tire" means a tire that is no longer
suitable for its originally intended purpose because of wear,
damage or defect;
T. "scrap tire baling" means the process by which
scrap tires are mechanically compressed and bound into block
form;
U. "scrap tire generator" means a person who
generates scrap tires, including retail tire dealers,
retreaders, scrap tire processors, automobile dealers,
automobile salvage yards, private company vehicle maintenance
shops, garages, service stations and city, county and state
government but does not include persons who generate scrap
tires in a household or in agricultural operations;
V. "scrap tire hauler" means a person who
transports scrap tires for hire for the purpose of recycling,
disposal, transformation or use in a civil engineering HGEIC/HB 291/a
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application;
W. "secretary" means the secretary of environment;
X. "tire" means a continuous solid or pneumatic
rubber covering that encircles the wheel of a motor
vehicle;
Y. "tire-derived fuel" means whole or chipped
tires that produce a low sulfur, high-heating-value fuel;
Z. "tire-derived product" means a usable product
produced from the processing of a scrap tire but does not
include baled tires;
AA. "tire recycling" means a process in which
scrap tires are collected, stored, separated or reprocessed
for reuse as a different product or shredded into a form
suitable for use in rubberized asphalt or as raw material for
the manufacture of other products; and
BB. "tire recycling facility" means a place
operated or maintained for tire recycling but does not
include:
(1) retail business premises where tires are
sold, if no more than five hundred loose scrap tires or two
thousand scrap tires, if left in a closed conveyance or
enclosure, are kept on the premises at one time;
(2) the premises of a tire retreading
business, if no more than three thousand scrap tires are kept
on the premises at one time; HGEIC/HB 291/a
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(3) premises where tires are removed from
motor vehicles in the ordinary course of business, if no more
than five hundred scrap tires are kept on the premises at one
time;
(4) a solid waste facility having a valid
permit or registration issued pursuant to the provisions of
the Solid Waste Act or regulations adopted pursuant to that
act or registration issued pursuant to the Environmental
Improvement Act; or
(5) a site where tires are stored or used
for agricultural uses."
SECTION 4. Section 74-13-6 NMSA 1978 (being Laws 2005,
Chapter 171, Section 6) is amended to read:
"74-13-6. ADMINISTRATION OF ACT--RECYCLING AND WASTE
REDUCTION COORDINATOR--CIRCULAR ECONOMY COORDINATOR.--
A. The department is responsible for the
administration and enforcement of the provisions of the
Recycling, Circular Economy 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.
B. The positions of "recycling and waste reduction
coordinator" and "circular economy coordinator" are created
in the department and shall be funded from the recycling and
illegal dumping fund." HGEIC/HB 291/a
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SECTION 5. Section 74-13-7 NMSA 1978 (being Laws 2005,
Chapter 171, Section 7) is amended to read:
"74-13-7. RECYCLING, CIRCULAR ECONOMY AND ILLEGAL
DUMPING ALLIANCE.--
A. The "recycling, circular economy and illegal
dumping alliance" is created and is composed of one member
from each of the following:
(1) state government;
(2) local government;
(3) a solid waste authority;
(4) an industry waste generator;
(5) a tribal government;
(6) a nonprofit organization;
(7) a recycling company;
(8) a retailer;
(9) an agricultural producer;
(10) a soil and water conservation district;
(11) a waste management company; and
(12) the public at large.
B. The secretary shall appoint members of the
alliance to serve two-year terms as volunteers with no
compensation from the state.
C. The alliance shall:
(1) develop strategies to increase
recycling, foster the circular economy and decrease illegal HGEIC/HB 291/a
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dumping in New Mexico;
(2) create a state circular economy plan, as
a component of the New Mexico solid waste management plan, to
establish programs and goals and update the plans every three
years to measure progress and modify strategies; and
(3) review and make recommendations for
funding grant applications from the recycling and illegal
dumping fund."
SECTION 6. Section 74-13-8 NMSA 1978 (being Laws 2005,
Chapter 171, Section 8) is amended to read:
"74-13-8. RULES--AUTHORITY AND CONTENT.--The board
shall adopt rules to implement the provisions of the
Recycling, Circular Economy and Illegal Dumping Act. The
rules shall be adopted pursuant to the provisions of the
Environmental Improvement Act and shall include:
A. requirements and procedures for the issuance of
permits and registrations to tire recycling facilities, civil
engineering applications, scrap tire generators and scrap
tire haulers;
B. standards and requirements for tire recycling
and scrap tire storage and processing;
C. record-keeping requirements for tire recycling
facilities, scrap tire haulers and scrap tire generators;
D. financial assurance criteria for tire recycling
facilities; HGEIC/HB 291/a
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E. fire rules for storage of scrap tires and
tire-derived products that are consistent with the rules or
recommendations adopted by the state fire marshal;
F. criteria and procedures for making
disbursements pursuant to grant and loan programs authorized
from the recycling and illegal dumping fund;
G. requirements and procedures for contracting
with counties, municipalities, Indian nations, pueblos and
tribes, land grant communities and cooperative associations
for the abatement of illegal dumpsites and recycling;
H. requirements and procedures for a scrap tire
manifest system;
I. a fee schedule applicable to scrap tire haulers
and tire recycling facilities not exceeding the estimated
cost of investigating and issuing permits and registrations
and conducting regulatory oversight of permitted and
registered activities;
J. a fee schedule applicable to scrap tire
generators not exceeding the estimated cost of conducting
regulatory oversight of scrap tire generators; and
K. requirements and procedures for a person to
submit proposed rules to the board for adoption. The board
shall determine whether to hold a hearing within sixty days
of submission of a proposed rule."
SECTION 7. Section 74-13-10 NMSA 1978 (being Laws 2005, HGEIC/HB 291/a
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Chapter 171, Section 10) is amended to read:
"74-13-10. SOLID WASTE PERMIT EXEMPTION.--A person
operating a tire recycling facility under a permit issued
pursuant to the Recycling, Circular Economy and Illegal
Dumping Act shall not be required to obtain a permit for that
facility pursuant to the Solid Waste Act."
SECTION 8. Section 74-13-11 NMSA 1978 (being Laws 2005,
Chapter 171, Section 11) is amended to read:
"74-13-11. ABATEMENT OF ILLEGAL DUMPSITE.--
A. The department may bring an abatement action
pursuant to the provisions of Section 30-8-8 NMSA 1978 to
eliminate an illegal dumpsite.
B. The secretary may act administratively to
eliminate illegal dumpsites pursuant to the provisions of the
Recycling, Circular Economy and Illegal Dumping Act.
C. Nothing in this section shall prohibit a
municipality, county, Indian nation, pueblo or tribe, land
grant community or cooperative association from contracting
for services to complete an abatement action."
SECTION 9. Section 74-13-13 NMSA 1978 (being Laws 2005,
Chapter 171, Section 13) is amended to read:
"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, Circular Economy and Illegal Dumping Act, a HGEIC/HB 291/a
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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 nature of the violation and
requiring compliance immediately or within a specified time
period or assessing a civil penalty for any past or current
violation or both; and
(2) commence a civil action in district
court for appropriate relief, including a temporary or
permanent injunction.
B. A compliance order issued pursuant to this
section may include a suspension or revocation of a permit or
portion of the permit issued by the secretary. A penalty
assessed in the compliance order shall not exceed five
thousand dollars ($5,000) per day of noncompliance for each
violation.
C. A compliance order issued pursuant to this
section shall state with reasonable specificity the nature of
the required corrective action or other response measure and
shall specify a time for compliance.
D. A compliance order issued pursuant to this
section shall become final unless, no later than thirty days
after the order is served, the person named in the order
submits a written request to the secretary for a public
hearing. Upon a request, the secretary promptly shall HGEIC/HB 291/a
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conduct a public hearing. The secretary shall appoint an
independent hearing officer to preside over the public
hearing. The hearing officer shall make and preserve a
complete record of the proceedings and forward a
recommendation to the secretary, who shall make the final
decision.
E. The secretary may seek enforcement of the order
by filing an action for enforcement in the district court.
F. Upon request of a party, the secretary may
issue subpoenas for the attendance and testimony of witnesses
at the hearing and for the production of relevant documents.
The secretary shall adopt procedural rules for the conduct of
the hearing, including provisions for discovery.
G. In determining the amount of a penalty
authorized to be assessed pursuant to this section, the
secretary shall take into account the seriousness of the
violation, good-faith efforts of the violator to comply with
applicable requirements of the Recycling, Circular Economy
and Illegal Dumping Act or rules issued pursuant to its
provisions and other relevant factors."
SECTION 10. Section 74-13-14 NMSA 1978 (being Laws
2005, Chapter 171, Section 14) is amended to read:
"74-13-14. ENFORCEMENT--FIELD CITATIONS.--
A. The board shall implement a field citation
program by adopting rules establishing appropriate minor HGEIC/HB 291/a
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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 issued pursuant to this
section shall be final unless the person named in the
citation files a written request for a public hearing with
the secretary no later than fifteen days after the date on
which the field citation is served on the person, in which
case the enforcement of the field citation shall be suspended
pending the issuance of a final order of the secretary after
a public hearing. The procedures for scheduling and
conducting a hearing on and for final disposition of a field
citation shall be the same as those provided for a compliance
order pursuant to the Recycling, Circular Economy and Illegal
Dumping Act.
C. Payment of a civil penalty required by a field
citation issued pursuant to this section shall not be a
defense to further enforcement by the department to correct a
continuing violation or to assess the maximum statutory
penalty pursuant to the provisions of the Recycling, Circular
Economy and Illegal Dumping Act if the violation
continues.
D. In determining the amount of a penalty to be HGEIC/HB 291/a
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assessed pursuant to this section, the secretary or the
person issuing a field citation shall take into account the
seriousness of the violation, good-faith efforts of the
violator to comply with the applicable requirements of the
Recycling, Circular Economy and Illegal Dumping Act or rules
issued pursuant to its provisions and other relevant
factors.
E. In connection with a proceeding pursuant to
this section, the secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books and documents and may adopt rules for
discovery."
SECTION 11. Section 74-13-15 NMSA 1978 (being Laws
2005, Chapter 171, Section 15) is amended to read:
"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,
Circular Economy and Illegal Dumping Act may appeal the
action pursuant to Section 39-3-1.1 NMSA 1978."
SECTION 12. Section 74-13-16 NMSA 1978 (being Laws
2005, Chapter 171, Section 16) is amended to read:
"74-13-16. PENALTY--CRIMINAL.--
A. A person who knowingly violates Section 74-13-4
NMSA 1978:
(1) is guilty of a misdemeanor if the HGEIC/HB 291/a
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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
1978; or
(2) is guilty of a fourth degree felony if
the violation involves a quantity of scrap tires or
tire-derived products that is five thousand pounds or greater
and shall be sentenced pursuant to the provisions of Section
31-18-15 NMSA 1978.
B. A person who knowingly omits any substantive
information or knowingly makes a false substantive statement
or representation required pursuant to the Recycling,
Circular Economy and Illegal Dumping Act or rule adopted
pursuant to the provisions of that act is guilty of a fourth
degree felony and shall be sentenced in accordance with the
provisions of Section 31-18-15 NMSA 1978."
SECTION 13. Section 74-13-17 NMSA 1978 (being Laws
2005, Chapter 171, Section 17) is amended to read:
"74-13-17. GRANTS--ELIGIBILITY--APPLICATIONS.--
A. A municipality, county, Indian nation, pueblo
or tribe, land grant community, cooperative association or
solid waste authority that meets eligibility requirements
established by the board may apply for a grant for providing
funds to public landfills to offset the cost of collecting or
recycling of tires, purchase equipment, perform marketing, HGEIC/HB 291/a
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purchase products produced by a recycling facility, provide
educational outreach, develop recycling infrastructure, abate
illegal dumpsites or contract with vendors to promote
recycling and to abate illegal dumpsites consistent with
provisions of the Recycling, Circular Economy and Illegal
Dumping Act. The first priority for funding shall be
abatement of illegal scrap tire dumpsites and the recycling
of scrap tires.
B. Nothing in this section prohibits a
municipality, county, Indian nation, pueblo or tribe, land
grant community or cooperative association from contracting
for services to complete an abatement action."
SECTION 14. Section 74-13-19 NMSA 1978 (being Laws
2005, Chapter 171, Section 19) is amended to read:
"74-13-19. RECYCLING AND ILLEGAL DUMPING FUND
CREATED.--The "recycling and illegal dumping fund" is created
in the state treasury. Fees and penalties collected pursuant
to the Recycling, Circular Economy and Illegal Dumping Act
shall be deposited into the fund. Money in the fund is
appropriated to the department for carrying out the provisions
of the Recycling, Circular Economy and Illegal Dumping Act.
Any unexpended or unencumbered balance or income earned from
the money in the recycling and illegal dumping fund remaining
at the end of a fiscal year shall not revert to the general
fund. Disbursements from the fund shall be by warrant drawn HGEIC/HB 291/a
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by the secretary of finance and administration pursuant to
vouchers signed by the secretary of environment or the
secretary's designee."