New Mexico Statewide Rule
New Mexico Solid Waste Act Disposal Standards
Key Facts
- Governing law
- NMSA 74-9 Solid Waste Act
- Lead agency
- NM Environment Department
- Littering
- Petty misdemeanor, $50 (30-8-4)
- Large-scale dumping
- Felony under 74-9/74-13
- Special wastes
- Tires, batteries, oil
Summary
The New Mexico Solid Waste Act establishes statewide disposal standards, prohibits unpermitted dumping, and requires bulky waste be taken to permitted facilities, with criminal penalties for illegal disposal.
Except as provided in Section 73 of the Solid Waste Act and Subsection B of this section, no person shall: (1) dispose of any solid waste in a place other than a solid waste facility: (a) having a permit issued under the Solid Waste Act; (b) having a permit for solid waste disposal issued under the Environmental Improvement Act [Chapter 74, Article 1 NMSA 1978]; or (c) otherwise authorized to accept solid waste for disposal or transformation under regulations adopted by the board under the Environmental Improvement Act;
Full Breakdown
Under the Solid Waste Act (NMSA 74-9) and NMAC 20.9, the New Mexico Environment Department regulates solid waste disposal statewide. Only permitted landfills, transfer stations, and recycling facilities may accept solid waste, including bulky items like appliances, furniture, and construction debris. Open dumping on public or private land is prohibited. Tires, lead-acid batteries, and used oil are subject to special handling. Counties must ensure access to permitted disposal sites. Local governments may operate convenience centers and impose fees, but may not waive state disposal standards.
Violations & Penalties
Open dumping is prohibited under the Solid Waste Act (NMSA 74-9), with civil and criminal penalties. Simple littering is a petty misdemeanor, $50 fine, under NMSA 30-8-4; large-scale illegal dumping can bring felony charges under NMSA 74-9 and the Recycling and Illegal Dumping Act (NMSA 74-13).
Frequently Asked Questions
Where do I take bulky items?
Is illegal dumping a felony?
Sources
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