N.M. Stat. » Chapter 74 — Environmental Improvement
New Mexico Statutes

N.M. Stat. § 74-4-1 (2026)

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✓ current as of May 2026
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Chapter 74, Article 4 NMSA 1978 may be cited as the "Hazardous Waste Act".

History: 1953 Comp., § 12-9B-1, enacted by Laws 1977, ch. 313, § 1; 1983, ch. 302, § 1.

ANNOTATIONS

Cross references. — For Voluntary Remediation Act, see Chapter 74, Article 4G NMSA 1978.

An implied private right of action does not exist under this section and a negligence per se claim may not be predicated on a violation of this section. Schwartzman, Inc. v. Atchison, T. & S.F. Ry., 857 F. Supp. 838 (D.N.M. 1994).

Administrative warrant was lawful where the New Mexico Hazardous Waste Act authorizes the acts specified in the warrant to be carried out by the New Mexico environment department’s officers and agents. Eden v. Voss, 105 Fed. Appx. 234 (10th Cir. 2004).

Law reviews. — For article, "Rights of New Mexico Municipalities Regarding the Siting and Operation of Privately Owned Landfills," see 21 N.M.L. Rev. 149 (1990).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Standing to sue for violation of state environmental regulatory statute, 66 A.L.R.4th 685. Validity of local regulation of hazardous waste, 67 A.L.R.4th 822.

Validity, construction, and application of state hazardous waste regulations, 86 A.L.R.4th 401.

Common-law strict liability in tort of prior landowner or lessee to subsequent owner for contamination of land with hazardous waste resulting from prior owner's or lessee's abnormally dangerous or ultrahazardous activity, 13 A.L.R.5th 600.

Recovery of punitive damages for injuries resulting from transport, handling, and storage of toxic or hazardous substances, 39 A.L.R.5th 763.

Governmental recovery of cost of hazardous waste removal under Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9601 et seq.), 70 A.L.R. Fed. 329.

State or local regulation of toxic substances as pre-empted by Toxic Substances Control Act (15 USCS § 2601 et seq.), 84 A.L.R. Fed. 913.

Right to maintain action based on violation of § 7003 of Resource Conservation and Recovery Act (42 USCS § 6973) pertaining to imminent hazards from solid or hazardous waste, 105 A.L.R. Fed. 800.

Necessity of proof of scienter under statute fixing criminal penalties for hazardous waste violations (42 USCS § 6928(d)), 106 A.L.R. Fed. 836.

Transporter liability under § 107(a)(4) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USC § 9606(a)(4)), 112 A.L.R. Fed. 49.

What are "necessary costs of response" within meaning of § 107(a)(4)(B) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USC § 9607(a)(4)(B)), 113 A.L.R. Fed. 1

Propriety of negotiated settlements in government cleanup actions under federal hazardous waste statutes, 114 A.L.R. Fed. 1

Liability of parent or successor corporation, or corporate shareholders, in action pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS §§ 9601-9675), 121 A.L.R. Fed. 173.

Liability of local government under § 107(a) of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USCS § 9607(a)), 133 A.L.R. Fed. 293.

What constitutes "hazardous waste" subject to regulation under Resource Conservation and Recovery Act (42 USCS §§ 6901 et seq.), 135 A.L.R. Fed. 197. Indemnification or release agreement as covering liability under § 107 (A) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607 (a)), 139 A.L.R. Fed. 123.

Application of Statute of Limitations (42 USCS § 9613 (g)(2)) in action under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607) for recovery of costs for removal or remedial action, 142 A.L.R. Fed. 115.

Application of Statutes of Limitations (42 USCS § 9613 (g)) in action under § 113(f) of Comprehensive Environmental Response Compensation, and Liability Act (CERCLA) (42 USCS § 9613(f)) for contribution for response costs or damages, 143 A.L.R. Fed. 591.

Construction and application of Statute of Limitations (42 USCS § 9613(g)(1)) for action under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607) for Natural Resource Damages, 144 A.L.R. Fed. 285.

Equitable considerations in allocating response costs to owner or occupant of previously contaminated facility in action pursuant to § 113(f) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCA § 9613(f)), 148 A.L.R. Fed. 203.

Supreme Court's views as to validity, construction and application of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C.A. § 9601 et seq.), 157 A.L.R. Fed. 291.

Amount and characteristics of wastes as equitable factors in allocation of response costs pursuant to § 113(f)(1) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.A. § 9613(f)(1): multiple waste streams, 162 A.L.R. Fed. 371.

Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 1986–2025 · leading case: Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry. Co., 857 F. Supp. 838 (D.N.M. 1994).
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Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry. Co., 857 F. Supp. 838 (D.N.M. 1994). · cites it 2× “4 Defendant objects to count VI on two grounds: one, the statutes Plaintiff relies on cover only active facilities, not closed sites no longer in operation; and two, any relevant permitting statutes have not been violated because neither the EPA nor the NMED has required ATSF to…”
Citizen Action v. Sandia Corp. ex rel. Sandia Nat'l Labs., 2008 NMCA 031 (N.M. Ct. App. 2007). · cites it 2× “{4} In 1985, the federal Environmental Protection Agency (EPA) authorized the State of New Mexico to administer and enforce a hazardous waste program, pursuant to the New Mexico Hazardous Waste Act, NMSA 1978, §§ 74-4-1 to -14 (1977, as amended through 2007).”
Eden v. Voss, 105 F. App'x 234 (10th Cir. 2004). “Eden’s property to determine if hazardous waste was being stored, transported or managed on the premises in violation of N.M. Stat. Ann. §§ 74-4-1 through 74-4-14, the New Mexico Hazardous Waste Act, and, if so, whether the waste posed a hazard to public health, safety and the…”
Sw. Rsch. & Info. Ctr. v. State, 62 P.3d 270 (N.M. Ct. App. 2003). · cites it 2× “The Secretary then changed the provision to conform to his initial intent, and we must determine whether this final change in the language of the permit was a major modification of the permit for which a hearing was required under the New Mexico Hazardous Waste Act (the Act),…”
New Mexico Env't Improvement Div. v. Climax Chem. Co., 733 P.2d 1322 (N.M. Ct. App. 1986). “The Hazardous Waste Act, NMSA 1978, Sections 74-4-1 to -13 (Repl.1986), provides, in part, that its purpose “is to help ensure the maintenance of the quality of the state’s environment; to confer optimum health, safety, comfort and economic and social well-being on its…”
Sw. Rsch. & Info. Ctr. v. N.M. Env't Dep't, 2014 NMCA 98 (N.M. Ct. App. 2014). · cites it 2× “{9} The permit is governed by the New Mexico Hazardous Waste Act, NMSA 1978, §§ 74-4-1 to -14 (1977, as amended through 2010), and the New Mexico Hazardous Waste Management Regulations.”
Nuclear Waste P'ship, LLC v. Nuclear Watch N.M., 2022 NMCA 014 (N.M. Ct. App. 2021). “This equivalent hazardous waste program was enacted through the New Mexico Hazardous Waste Act (HWA), NMSA 1978, Sections 74-4-1 to -14 (1977, as amended through 2018), which adopted RCRA regulations and authorized 1Appellants’ briefing cited to the administrative record rather…”
Sw. Rsch. & Info. Ctr. v. New Mexico Env't Dep't, 2014 NMCA 098 (N.M. Ct. App. 2014). · cites it 2× “{9} The permit is governed by the New Mexico Hazardous Waste Act, NMSA 1978, §§ 74-4-1 to -14 (1977, as amended through 2010), and the New M exico Hazardous Waste Management Regulations.”
Citizen Action New Mexico v. New Mexico Env't Dep't, 2015 NMCA 058 (N.M. Ct. App. 2015). · cites it 2× “may appeal to the [C]ourt of [A]ppeals for further relief within thirty days after the action.”
Nuclear Watch New Mexico v.United States Dep't of Energy (D.N.M. 2019). · cites it 2× “General Statutory and Regulatory Overview Because this case concerns the Defendants’ alleged compliance with a RCRA-based mandate, it makes sense to briefly review the RCRA and corresponding laws of the New Mexico Hazardous Waste Act, N.M. Stat. Ann. §§ 74-4-1 – 74-4-14 (NMHWA).”
United States v. New Mexico Env't Dep't (D.N.M. 2020). · cites it 2× “New Mexico implemented this authority through the New Mexico Hazardous Waste Act (NMHWA), NMSA 1978, §§ 74-4-1 to -13 (Repl. Pamp. 2000).”
Sw. Rsch. & Info. Ctr. (N.M. Ct. App. 2025). · cites it 2× “New Mexico implemented the permission 4 granted by the RCRA by enacting the New Mexico Hazardous Waste Act (HWA), 5 NMSA 1978, §§ 74-4-1 to -14 (1977, as amended through 2021).”
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