Is recycling mandatory in New Mexico?

Curbside recycling participation is generally not mandatory at the state level. However, lead-acid batteries, used oil, and certain e-waste must be returned to designated collection points statewide.

Can I throw batteries in the trash?

No. Lead-acid batteries are banned from landfills under NMSA 74-9-37 and must be returned to retailers or recycling facilities. Many household batteries are also restricted.

New Mexico Recycling Requirements (2026)

Key Facts

Governing law: NMSA 74-13
Statewide goal: 50% diversion
Battery recycling: Mandatory return
Local mandate: Optional curbside
Lead agency: NM Environment Department

Source: Justia Law

Full Breakdown

The Recycling and Illegal Dumping Act (NMSA 74-13) establishes a statewide goal of recycling or composting 50% of the solid waste stream and creates a fund supporting local recycling infrastructure. Counties must include recycling components in solid waste plans submitted to the NM Environment Department. The state regulates beverage container recycling, e-waste through manufacturer programs, and lead-acid battery returns under NMSA 74-9-37. While curbside recycling mandates remain optional and vary by city, statewide rules govern facility permits, hazardous components, and transport of recyclable materials.

Violations & Penalties

Failing to follow state hazardous recycling rules (batteries, e-waste, oil) is a civil violation with fines up to $1,000 per occurrence. Improper disposal may constitute illegal dumping.

New Mexico Recycling and Illegal Dumping Act Statewide Goals

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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