NMED PRIORITIZE HAZARDOUS WASTE

SB0257

SENATE BILL 257

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Shannon D. Pinto
and
Elizabeth "Liz" Stefanics

and
Antoinette Sedillo Lopez
and
Debra M. Sariñana

AN ACT

RELATING TO HAZARDOUS WASTE; REQUIRING THE DEPARTMENT OF
ENVIRONMENT TO PRIORITIZE DISPOSAL OF HAZARDOUS WASTE GENERATED
IN STATE WHEN ISSUING, RENEWING OR MODIFYING HAZARDOUS WASTE
PERMITS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 74-4-4.2 NMSA 1978 (being Laws 1981
(1st S.S.), Chapter 8, Section 6, as amended) is amended to
read:

"74-4-4.2. PERMITS--ISSUANCE--DENIAL--MODIFICATION--

SUSPENSION--REVOCATION.--

A. An application for a permit pursuant to the
Hazardous Waste Act shall contain information required pursuant
to Section 74-4-4.7 NMSA 1978 or to regulations promulgated by
the board and shall include:

(1) estimates of the composition, quantity and
concentration of any hazardous waste identified or listed under
Subsection A of Section 74-4-4 NMSA 1978 or combinations of any
hazardous waste and other solid waste proposed to be disposed
of, treated, transported or stored and the time, frequency or
rate at which the waste is proposed to be disposed of, treated,
transported or stored; [
and
]

(2) an identification and description of, and
other pertinent information about, the site where hazardous
waste or the products of treatment of hazardous waste will be
disposed of, treated, transported to or stored;
and

(3) for hazardous waste disposal facilities,
information on anticipated hazardous waste streams, disposal
capacity for hazardous waste generated in the state and how
different waste streams will be managed
.

B. Hazardous waste permits shall require corrective
action for all releases of hazardous waste or constituents from
any solid waste management unit at a treatment, storage or
disposal facility seeking a permit under this section.

C. The department shall provide timely review on
all permit applications. Upon a determination by the secretary
that the applicant has met the requirements adopted pursuant to
Section 74-4-4 NMSA 1978, the secretary may issue a permit or a
permit subject to any conditions necessary to protect human
health and the environment for the facility.

D. The secretary may deny any permit application or
modify, suspend or revoke any permit issued pursuant to the
Hazardous Waste Act if the applicant or permittee has:

(1) knowingly and willfully misrepresented a
material fact in the application for a permit;

(2) refused to disclose the information
required under the provisions of Section 74-4-4.7 NMSA 1978;

(3) been convicted in any court, within ten
years immediately preceding the date of submission of the
permit application, of:

(a) a felony or other crime involving
moral turpitude; or

(b) a crime defined by state or federal
statutes as involving or being in restraint of trade, price-fixing, bribery or fraud;

(4) exhibited a history of willful disregard
for environmental laws of any state or the United States;

(5) had any permit revoked or permanently
suspended for cause under the environmental laws of any state
or the United States; or

(6) violated any provision of the Hazardous
Waste Act, any regulation adopted and promulgated pursuant to
that act or any condition of a permit issued under that act.

E. In making a finding under Subsection D of this
section, the secretary may consider aggravating and mitigating
factors.

F. If an applicant or permittee whose permit is
being considered for denial or revocation, respectively, on any
basis provided by Subsection D of this section has submitted an
action plan that has been approved in writing by the secretary,
and plan approval includes a period of operation under a
conditional permit that will allow the applicant or permittee a
reasonable opportunity to demonstrate its rehabilitation, the
secretary may issue a conditional permit for a reasonable
period of time. In approving an action plan intended to
demonstrate rehabilitation, the secretary may consider:

(1) implementation by the applicant or
permittee of formal policies;

(2) training programs and management control
to minimize and prevent the occurrence of future violations;

(3) installation by the applicant or permittee
of internal environmental auditing programs;

(4) the applicant's release or the permittee's
release subsequent to serving a period of incarceration or
paying a fine, or both, after conviction of any crime listed in
Subsection D of this section; and

(5) any other factors the secretary deems
relevant.

G. Notwithstanding the provisions of Subsection D
of this section:

(1) a research, development and demonstration
permit may be terminated upon the determination by the
secretary that termination is necessary to protect human health
or the environment; and

(2) a permit may be modified at the request of
the permittee for just cause as demonstrated by the permittee.

H. No ruling shall be made on permit issuance,
major modification, suspension or revocation without an
opportunity for a public hearing at which all interested
persons shall be given a reasonable chance to submit data,
views or arguments orally or in writing and to examine
witnesses testifying at the hearing; provided, however, that
the secretary may, pursuant to Section 74-4-10 NMSA 1978, order
the immediate termination of a research development and
demonstration permit whenever the secretary determines that
termination is necessary to protect human health or the
environment and may order the immediate suspension or
revocation of a permit for a facility that has been ordered to
take corrective action or other response measures for releases
of hazardous waste into the environment.

I. The secretary shall hold a public hearing on a
minor permit modification if the secretary determines that
there is significant public interest in the minor modification.

J. The board shall provide a schedule of fees for
businesses generating hazardous waste, conducting permitted
hazardous waste management activities or seeking a permit for
the management of hazardous waste, including but not limited
to:

(1) a hazardous waste business fee applicable
to any business engaged in a regulated hazardous waste
activity, which shall be an annual flat fee based on the type
of activity;

(2) a hazardous waste generation fee
applicable to any business generating hazardous waste, which
shall be based on the quantity of hazardous waste generated
annually; however, when any material listed in Paragraph (2) of
Subsection K of Section 74-4-3 NMSA 1978 is determined by the
board to be subject to regulation under Subtitle C of the
federal Resource Conservation and Recovery Act of 1976, the
board may set a generation fee under this paragraph for that
waste based on its volume, toxicity, mobility and economic
impact on the regulated entity;

(3) a hazardous waste permit application fee,
not exceeding the estimated cost of investigating the
application and issuing the permit, to be paid at the time the
secretary notifies the applicant by certified mail that the
application has been deemed administratively complete and a
technical review is scheduled; and

(4) an annual hazardous waste permit

management fee based on and not exceeding the estimated cost

of conducting regulatory oversight of permitted activities.

K. The department and a business generating
hazardous waste, conducting permitted hazardous waste
management activities or seeking a permit for the management of
hazardous waste may enter into a voluntary fee agreement in
addition to and that includes all of the fees required by
Subsection J of this section.

L. In connection with the operation of hazardous
waste disposal facilities, the department shall consider a
permittee's capacity to accept and prioritize hazardous waste
generated within the state when issuing, renewing or modifying
a hazardous waste permit.
"

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