0001| HOUSE BILL 327
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| KIP W. NICELY
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO SOLID WASTE; AMENDING SECTION 74-9-3 NMSA 1978
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0012| (BEING LAWS 1990, CHAPTER 99, SECTION 3) TO CORRECT THE
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0013| DEFINITION OF REFUSE-DERIVED FUEL.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 74-9-3 NMSA 1978 (being Laws 1990,
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0017| Chapter 99, Section 3) is amended to read:
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0018| "74-9-3. DEFINITIONS.--As used in the Solid Waste Act:
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0019| A. "agricultural" means all methods of production
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0020| and management of livestock, crops, vegetation and soil. This
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0021| includes, but is not limited to, raising, harvesting and
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0022| marketing. It also includes, but is not limited to, the
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0023| activities of feeding, housing and maintaining animals such as
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0024| cattle, dairy cows, sheep, goats, hogs, horses and poultry;
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0025| B. "board" means the environmental improvement
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0001| board;
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0002| C. "commercial hauler" means any person
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0003| transporting solid waste for hire by whatever means for the
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0004| purpose of disposing of the solid waste in a solid waste
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0005| facility, except that the term does not include an individual
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0006| transporting solid waste generated on or from his residential
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0007| premises for the purpose of disposing of it in a solid waste
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0008| facility;
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0009| D. "construction and demolition debris" means
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0010| materials generally considered to be not water soluble and
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0011| nonhazardous in nature, including, but not limited to, steel,
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0012| glass, brick, concrete, asphalt roofing materials, pipe, gypsum
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0013| wallboard and lumber from the construction or destruction of a
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0014| structure as part of a construction or demolition project, and
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0015| includes rocks, soil, tree remains, trees and other vegetative
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0016| matter that normally results from land clearing or land
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0017| development operations for a construction project, but if
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0018| construction and demolition debris is mixed with any other
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0019| types of solid waste, whether or not originating from the
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0020| construction project, it loses its classification as
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0021| construction and demolition debris;
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0022| [E. "densified-refuse-derived fuel" means a
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product resulting from the processing of mixed municipal solid
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waste in a manner that produces a fuel suitable for combustion
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in existing or new solid-fuel-fired boilers;
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F.] E. "director" means the director of the
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0002| environmental improvement division of the [health and
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environment] department of environment;
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0004| [G.] F. "division" means the environmental
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0005| improvement division of the [health and environment]
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0006| department of environment;
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0007| [H.] G. "municipality" means any incorporated
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0008| city, town or village, whether incorporated under general act,
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0009| special act or special charter, incorporated counties and H
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0010| class counties;
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0011| [I.] H. "person" means an individual or any
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0012| entity, including federal, state and local governmental
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0013| entities, however organized;
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0014| [J.] I. "plan" or "state plan" means the solid
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0015| waste management plan required to be developed under Section
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0016| [4 of the Solid Waste Act] 74-9-4 NMSA 1978;
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0017| [K.] J. "program" or "state program" means the
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0018| comprehensive solid waste management program described in
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0019| Section [12 of the Solid Waste Act] 74-9-12 NMSA 1978;
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0020| [L.] K. "recyclable materials" means materials
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0021| that would otherwise become solid waste if not recycled and
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0022| that can be collected, separated or processed and placed in use
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0023| in the form of raw materials, products or [densified-refuse-
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derived] refuse-derived fuels;
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0025| [M.] L. "recycling" means any process by which
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0001| recyclable materials are collected, separated or processed and
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0002| reused or returned to use in the form of raw materials or
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0003| products;
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0004| M. "refuse-derived fuel" means the organic portion
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0005| of a solid waste stream that remains after processing to remove
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0006| glass, metals, toxic matter and other noncombustibles and that
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0007| is intended to be used as fuel;
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0008| N. "solid waste" means any garbage, refuse, sludge
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0009| from a waste treatment plant, water supply treatment plant or
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0010| air pollution control facility and other discarded material,
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0011| including solid, liquid, semisolid or contained gaseous mate-
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0012|
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0013| rial resulting from industrial, commercial, mining and
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0014| agricultural operations and from community activities. "Solid
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0015| waste" does not include:
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0016| (1) drilling fluids, produced waters and other
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0017| nondomestic wastes associated with the exploration, development
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0018| or production, transportation, storage, treatment or refinement
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0019| of crude oil, natural gas, carbon dioxide gas or geothermal
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0020| energy;
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0021| (2) fly ash waste, bottom ash waste, slag
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0022| waste and flue gas emission control waste generated primarily
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0023| from the combustion of coal or other fossil fuels and wastes
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0024| produced in conjunction with the combustion of fossil fuels
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0025| that are necessarily associated with the production of energy
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0001| and that traditionally have been and actually are mixed with
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0002| and are disposed of or treated at the same time with fly ash,
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0003| bottom ash, boiler slag or flue gas emission control wastes
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0004| from coal combustion;
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0005| (3) waste from the extraction, beneficiation
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0006| and processing of ores and minerals, including phosphate rock
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0007| and overburden from the mining of uranium ore, coal, copper,
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0008| molybdenum and other ores and minerals;
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0009| (4) agricultural waste, including, but not
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0010| limited to, manures and crop residues returned to the soil as
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0011| fertilizer or soil conditioner;
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0012| (5) cement kiln dust waste;
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0013| (6) sand and gravel;
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0014| (7) solid or dissolved material in domestic
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0015| sewage or solid or dissolved materials in irrigation return
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0016| flows or industrial discharges that are point sources subject
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0017| to permits under Section 402 of the federal Water Pollution
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0018| Control Act, 33 U.S.C. Section 1342 or source, special nuclear
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0019| or
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0020| byproduct material as defined by the federal Atomic Energy
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0021| Act of 1954, 42 U.S.C. Section 2011 et seq.;
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0022| (8) [densified-refuse-derived] refuse-
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0023| derived fuel; or
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0024| (9) any material regulated by Subtitle C of
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0025| the federal Resource Conservation and Recovery Act of 1976,
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0001| substances regulated by the federal Toxic Substances Control
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0002| Act or low-level radioactive waste;
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0003| O. "solid waste district" means a geographical area
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0004| designated by the board as a solid waste district under Section
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0005| [11 of the Solid Waste Act] 74-9-11 NMSA 1978;
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0006| P. "solid waste facility" means any public or
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0007| private system, facility, location, improvements on the land,
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0008| structures or other appurtenances or methods used for
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0009| processing, transformation, recycling or disposal of solid
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0010| waste, including landfill disposal facilities, transfer
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0011| stations, resource recovery facilities, incinerators and other
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0012| similar facilities not specified, but does not include equip-
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0013|
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0014| ment specifically approved by order of the director to render
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0015| medical waste noninfectious or a facility [which] that is
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0016| permitted pursuant to the provisions of the Hazardous Waste Act
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0017| and does not apply to a facility fueled by a [densified--
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refuse-derived] refuse-derived fuel that accepts no other
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0020| solid waste;
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0021| Q. "source reduction" means any action that causes
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0022| a net reduction in the generation, volume or toxicity of solid
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0023| waste;
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0024| R. "special waste" means solid waste that has
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0025| unique handling, transportation or disposal requirements to
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0001| assure protection of the environment and the public health and
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0002| safety;
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0003| S. "transformation" means incineration, pyrolysis,
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0004| distillation, gasification or biological conversion other than
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0005| composting; and
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0006| T. "yard refuse" means vegetative matter resulting
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0007| from landscaping, land maintenance and land clearing operations."
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