New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 60 - OPEN BURNING
Section 20.2.60.110 - OPEN BURNING OF HOUSEHOLD WASTE
Universal Citation: 20 NM Admin Code 20.2.60.110
Current through Register Vol. 35, No. 18, September 24, 2024
A. Applicability:
(1) This section (20.2.60.110 NMAC)applies to
open burning of household waste, except for household waste that consists
solely of vegetative material as defined in 20.2.60.7 NMAC.
(2) This section (20.2.60.110 NMAC) does not
apply to any kind of salvage operation. Open burning as part of a salvage
operation is prohibited.
B. Effective June 1, 2004, open burning of household waste, other than vegetative material as defined in 20.2.60.7 NMAC, is prohibited.
C. Prior to June 1, 2004, open burning of household waste is allowed where all of the following conditions are met:
(1) household waste shall
not be burned on property other than that property where it was
generated;
(2) household waste
shall not be burned on property which is served by any on-premises or curbside
refuse collection service operated or contracted by a regional waste authority,
county, or incorporated city, town, or village;
(3) household waste shall not be burned on
any property less than ten miles by road from a convenience center, transfer
station, or other receptacle made available for public use by a regional waste
authority, county, or incorporated city, town, or village for the deposition
and collection of refuse;
(4)
household waste shall not be burned at any location nearer than three hundred
feet from any occupied dwelling, workplace, or place where people congregate,
on property owned by, or under possessory control of, another person;
(5) burning of the following materials is
prohibited:
(a) natural or synthetic rubber
products, including tires;
(b)
waste oil or used oil filters;
(c)
insulated wire;
(d) plastic,
including polyvinyl chloride ("PVC") pipe, tubing, and connectors;
(e) tar, asphalt, asphalt shingles, or tar
paper;
(f) railroad ties;
(g) wood, wood waste, or lumber which has
been painted or which has been treated with preservatives containing arsenic,
chromium, pentachlorophenol, or creosote;
(h) batteries;
(i) motor vehicle bodies or
interiors;
(j) pathogenic wastes;
and
(k) asbestos or asbestos
containing materials;
D. Auxiliary fuel or incendiary devices may be used to start the burning allowed by this section, provided that:
(1) no oil heavier than number two diesel
shall be used; and
(2) no more than
the minimum amount of auxiliary fuel necessary to start the fire shall be
used.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.