Current through Register Vol. 35, No. 18, September 24, 2024
A. In addition
to the prohibited acts identified in Section 74-9-31(A) and Section 74-13-4(J),
and subject to the exemptions in Section 74-9-31(B) of the Solid Waste Act, no
person shall:
(1) store, process, or dispose
of solid waste except by means approved by the secretary and in accordance with
board rules;
(2) dispose of any
solid waste in this state in a manner that the person knows or should know will
harm the environment or endangers the public health, welfare or
safety;
(3) dispose of any solid
waste in a place other than a solid waste facility that meets the requirements
of 20.9.2 - 20.9.10 NMAC;
(4)
dispose of any solid waste, including special waste, in a solid waste facility
when that facility's permit does not authorize the disposal of the particular
type of solid waste in that facility;
(5) construct, operate, modify or close a
solid waste facility unless the facility has approval under 20.9.2 - 20.9.10
NMAC from the department for the described action;
(6) modify permit conditions or modify a
solid waste facility unless the facility has applied for and received
permission from the secretary for the modification pursuant to 20.1.4 NMAC
Permit Procedures - Environment Department;
(7) dispose of petroleum waste, sludge which
that does not meet the analytical criteria of 20.9.8.16 NMAC, septage, domestic
sewage, or treated domestic sewage at any solid waste facility;
(8) dispose of hazardous wastes which are
subject to regulation under Subtitle C of the Resource Conservation and
Recovery Act,
42 USC
6901 et seq, at any solid waste facility,
unless the facility is permitted for the disposal of hazardous
wastes;
(9) dispose of liquid waste
at any landfill unless:
(a) the liquid waste
is household waste other than septic waste and is in a small container similar
in size to that normally found in household waste and the container is designed
to hold liquids for use other than storage;
(b) the liquid waste is leachate or landfill
gas condensate generated on-site which is recirculated in accordance with
applicable laws and rules; or
(c)
the liquid waste is managed in accordance with an approval issued by the
secretary;
(d) the use of
uncontaminated water for dust control or to improve vegetation on a final or
intermediate cover is not considered disposal;
(10) process, recycle, transfer, transform,
or dispose of radioactive waste in a solid waste facility;
(11) dispose of lead-acid batteries at any
landfill or incinerator;
(12)
dispose of any infectious waste in a landfill;
(13) dispose of any material regulated under
the federal Toxic Substances Control Act,
15 U.S.C. Sections
2601 -
2692,
except in a solid waste facility, registered facility or operation authorized
to accept such waste;
(14) allow
open burning at a solid waste facility;
(15) excavate or trench a closed cell or
solid waste disposal area without written approval by the department and a
determination whether an excavation plan will be required, unless in response
to an emergency situation; excavation and trenching do not include excavations
or trenches of less than 120 cubic yards or exploratory borings for the purpose
of waste characterization, site investigation or mapping, nor does it include
removal of waste for routine maintenance on gas collection and control and
venting systems;
(16) violate a
term or condition of a closure and post-closure care plan, a registration, or
conditions contained in an approval of the department under 20.9.2.17
NMAC;
(17) allow liquid extraction
from sludge at a solid waste facility unless authorized by permit; or
(18) process, transfer, store, dispose, or
allow the disposal of special waste at a collection center;
(19) dispose at a solid waste facility any
type of non-hazardous material that is excluded from the definition of solid
waste, unless permitted to do so, except that a landfill may dispose of
non-hazardous excluded waste listed under the following subparagraphs of
Paragraph (9) of Subsection S of 20.9.2.7 NMAC unless prohibited from doing so
in its permit; Subparagraphs (d) (agricultural), (f) (sand and gravel), (i)
(densified refuse derived fuel), (m) (scrap tires), (n) (recyclable materials),
(o) (compost), and (p) (materials, other than those that are regulated as
hazardous, toxic or special waste, that are retained as evidence in a criminal
proceeding and that are required to be destroyed or managed in accordance with
a court or administrative order, and ash derived from such
materials).
B. Any person
who generates, stores, processes, transports or disposes of solid waste shall
take reasonable measures to determine the characteristics of the waste being
handled to assure that no prohibited act is being performed.
C. A Subtitle C facility authorized to accept
special waste for disposal may accept solid waste if allowed under its
permit.
D. Nothing in this section
shall prohibit a person for whom a drug or dangerous drug has been dispensed in
accordance with a valid prescription from transferring the drug or dangerous
drug to a law enforcement agency that collects, stores, transports, or disposes
of drugs or dangerous drugs pursuant to a program in compliance with applicable
state or federal law or a law enforcement household pharmaceutical take-back
program that complies with the solid waste rules.
E. Household pharmaceutical waste collected
through a law enforcement household pharmaceutical take-back program may only
be disposed of or incinerated in accordance with the solid waste
rules.
