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

N.M. Stat. § 74-9-1 (2026)

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✓ current as of May 2026
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Sections 1 through 42 and 72 and 73 of this act may be cited as the "Solid Waste Act".

History: Laws 1990, ch. 99, § 1.

ANNOTATIONS

Compiler's notes. — The phrase "this act", referred to in this section, means Laws 1990, ch. 99, sections 1 to 42 and 72 and 73 of which constitute the Solid Waste Act. Sections 1 to 42 appear as 74-9-1 to 74-9-42 NMSA 1978 and Sections 72 and 73 are a severability clause and a saving clause respectively, which are noted under 74-9-42 and 74-9-1 NMSA 1978, respectively.

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).

For article, "The New Mexico Solid Waste Act: A Beginning for Control of Municipal Solid Waste in the Land of Enchantment," see 21 N.M.L. Rev. 167 (1990).

For article, "Strict Liability Under the New Mexico Solid Waste Act: A Comparison with CERCLA," see 21 N.M.L. Rev. 195 (1990).

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1993–2025 · leading case: State v. Granville, 2006-NMCA-098, 142 P.3d 933.
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State v. Granville, 2006-NMCA-098, 142 P.3d 933. · cites it 2× “ority to regulate refuse); NMSA 1978, §§ 4-52-1 to -10, 4-52-11 to -15 (1959, as amended through 1981) (Refuse Disposal Act) (providing counties with the authority to create refuse disposal districts and thereby regulate refuse); NMSA 1978, §§ 4-56-1 to -3 (1967, as amended…”
State v. Granville, 142 P.3d 933 (N.M. Ct. App. 2006). · cites it 2× “, NMSA 1978, §§ 3-48-1 to -7 (1965, as amended through 2003) (providing municipalities with the authority to regulate refuse); NMSA 1978, §§ 4-52-1 to -10, 4-52-11 to -15 (1959, as amended through 1981) (Refuse Disposal Act) (providing counties with the authority to create…”
Colonias Dev. Council v. Rhino Env't Servs. Inc., 2005-NMSC-024, 117 P.3d 939. · cites it 2× “(Rhino) for a permit to put a landfill in Chaparral pursuant to the Solid Waste Act, NMSA 1978, §§ 74-9-1 to -43 (1990, as amended through 2001).”
Pickett Ranch, LLC v. Curry, 2006-NMCA-082, 139 P.3d 209. · cites it 2× “In accordance with the Solid Waste Act, NMSA 1978, §§ 74-9-1 to -43 (1990, as amended through 2001) (the Act), the Department held a public hearing.”
Colonias Dev. Council v. Rhino Env't Servs., Inc., 2003-NMCA-141, 81 P.3d 580. · cites it 2× “We address CDC’s claims that the Department did not comply with the Solid Waste Act, NMSA 1978, §§ 74-9-1 to -43 (1990, as amended through 2001) (the Act), and the regulations adopted pursuant to the Act, because the Department failed to consider the “social impact” of the…”
Martinez v. Maggiore, 2003-NMCA-043, 64 P.3d 499. · cites it 2× “Jurisdiction and Standard of Review {6} Our jurisdiction over this appeal is provided by Section 74-9-30 of the Solid Waste Act, NMSA 1978, §§ 74-9-1 through -43 (1990, as amended through 2001).”
Joab, Inc. v. Espinosa, 865 P.2d 1198 (N.M. Ct. App. 1993). “In that Decision and Order, the Secretary described the legal and procedural context of Joab’s application, including the fact that new regulations were pending pursuant to the Solid Waste Act, NMSA 1978, Sections 74-9-1 to -42 (Repl.Pamp.1992). See Solid Waste Management Regs.”
In re Sanchez, 545 B.R. 55 (Bankr. D.N.M. 2016). “1978 § 74-9-1, et seq. (the “SW Act”). The Agreement provides that NCSWA is not a “waste authority” as defined in the Solid Waste Authority Act, N.”
Concerned Citizens for Nuclear Saf. v. N.M. Water Quality Control Comm'n (N.M. Ct. App. 2025). · cites it 2× “1 Citizens base their jurisdictional argument on Section 2 74-6-12(B), which provides: 3 The [WQA] does not apply to any activity or condition subject to the 4 authority of the environmental improvement board pursuant to the 5 [HWA], the Ground Water Protection Act, [NMSA 1978,…”
Concerned Citizens for Nuclear Saf. v. N.M. Water Quality Control Comm'n (N.M. Ct. App. 2025). · cites it 2× “1 Citizens base their jurisdictional argument on Section 5 74-6-12(B), which provides: 6 The [WQA] does not apply to any activity or condition subject to the 7 authority of the environmental improvement board pursuant to the 8 [HWA], the Ground Water Protection Act, [NMSA 1978,…”
N.M. Env't Dep't Res. Prot. Div. v. HRV Hotel Partners, LLC, No. A-1-CA-40476 (N.M. Ct. App. Feb. 26, 2024). · cites it 2× “{1} HRV Hotel Partners, LLC (HRV) appeals the decision of the New Mexico Environment Department (NMED), which found four violations of the New Mexico Solid Waste Act (SWA), NMSA 1978, §§ 74-9-1 to -43 (1990, as amended 2011) and certain Solid Waste Regulations (SWR), see 20.”
NM Reg Landfill v. NM Environ Dept, No. 28,236 28,229 (N.M. Ct. App. May 26, 2011). · cites it 2× “12 At issue in this case is NENMRL’s application for permit renewal and 13 modification that was submitted on October 15, 2005, to the Solid Waste Bureau of 14 NMED pursuant to the Solid Waste Act (the Act), NMSA 1978, §§ 74-9-1 to -43 15 (1990, as amended through 2001), and its…”
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