New Mexico Municipal League, Inc. v. New Mexico Environmental Improvement Board

539 P.2d 221, 88 N.M. 201
CourtNew Mexico Court of Appeals
DecidedJuly 2, 1975
Docket1570
StatusPublished
Cited by35 cases

This text of 539 P.2d 221 (New Mexico Municipal League, Inc. v. New Mexico Environmental Improvement Board) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Mexico Municipal League, Inc. v. New Mexico Environmental Improvement Board, 539 P.2d 221, 88 N.M. 201 (N.M. Ct. App. 1975).

Opinions

OPINION

HERNANDEZ, Judge.

This is an appeal from the action of the New Mexico Environmental Improvement Board (Board) adopting solid waste management regulations (regulations).

Appellants challenge these regulations on four points. We will first set forth the Board’s statutory authority and its reasons for adopting the regulations and then proceed to a seriatim discussion of appellants’ points of error.

Section 12-12-11 (A) (3), N.M.S.A.1953(Repl. Vol. 3, Supp.1973) provides:

“The board is responsible for environmental management and consumer protection. In that respect, the board shall promulgate regulations and standards in the following areas: . . . (3) liquid waste; and solid waste sanitation and refuse disposal; . . . .” Section 12-12-13 (A), N.M.S.A.1953

(Repl. Vol. 3, Supp.1973) provides:

“No regulation or amendment or repeal thereof shall be adopted until after a public hearing by the environmental improvement board within the area of the state concerned. Hearings on regulations of state-wide application shall be held at Santa Fe. In making its regulations, the board shall give the weight it deems appropriate to all relevant facts and circumstances presented at the public hearing, including but not limited to: (1) character and degree of injury to, or interference with health, welfare, animal and plant life, property and the environment; (2) the public interest, including the social, economic and cultural value of the regulated activity and the social, economic and cultural effects of environmental degradation; and (3) technical practicability, necessity for, and economic reasonableness of reducing, eliminating or otherwise taking action with respect to environmental degradation.”

The Board gave the following reasons for adopting the regulations in the Minutes of its meeting of April 19, 1974:

“1. Section 12-12-11(A) (3) of the Environmental Improvement Act states that the Environmental Improvement Board is responsible for environmental management and consumer protection in the field of liquid waste; and solid waste sanitation and refuse disposal.
“2. The Environmental Improvement Board has not before this date adopted regulations in the field of solid waste management.
“3. The testimony presented at the October 2 and 3, 1973 hearing on solid waste management established that existing storage, collection, transportation and disposal of solid waste in New Mexico is inadequate.
“4. The proposed solid waste regulation will reduce the existing environmental degradation caused by the present improper storage, collection and management of solid waste in New Mexico.
“5. As established by testimony provided in the October 2 and 3, 1973 hearing, the existing procedures used for solid waste management in New Mexico impinge on public health in New Mexico, degrade the land, and pollute New Mexico’s air and water.
“6. Local New Mexico communities and counties have looked to the state for direction and have been reluctant to act without state direction.
“7. The proposed regulations will assist the local communities in organizing their solid waste systems and organizing more economically efficient programs.
“8. The testimony provided at the public hearing on October 2 and 3, 1973 established that the proposed regulations will not place an unreasonable economic burden on the communities and counties with the State of New Mexico.
“9. The Environmental Improvement Agency needs the proposed regulations to meet the current demands placed on the Agency by local communities.
“10. The proposed regulations will give field personnel from the Environmental Improvement Agency support in preventing solid waste pollution that leads to vector disease, air and water pollution and land degradation.
“11. As testified to in the October 2 and 3, 1973 hearing, solid waste is the most obvious pollutant in the State of New Mexico.
“12. The proposed regulations are necessary to protect the health, welfare, and environment of the citizens of New Mexico.”

POINT I: “SECTIONS 105, 106 and 107 OF THE ENVIRONMENTAL IM-PROVMENT BOARD’S SOLID WASTE MANAGEMENT REGULATIONS EXCEED THE STATUTORY AUTHORITY OF THE BOARD AND ARE INAPPLICABLE TO MUNICIPALITIES.”

Appellants contend that Sections 14-49-1 through 7, N.M.S.A.1953 (Repl. Vol. 3) grant to municipalities the authority to acquire and maintain refuse' disposal areas or plants, to enforce a general system of refuse collection and disposal, to compel the use of specified kinds of refuse receptacles, and to compel the taking of refuse to designated places. They further point out that § 12-12-11(A) (3), supra, grants the Board authority to regulate “only refuse disposal including matters relating to sanitation at disposal sites, but not municipal storage, transportation and collection systems.” Their conclusion is that the Board exceeded its authority in promulgating regulations 105, 106 and 107, in conflict with the refuse collection and disposal article of the Municipal Code. We do not agree.

The regulations challenged under this point provide:

“105: STORAGE. — A. By October 19, 1974 any person who generates solid waste shall provide storage facilities for the solid waste except recreational waste, yard waste and large waste appliances. B. By July 1, 1974, any person who is responsible for the control of parks, recreational areas, and highway rest areas shall provide storage facilities for recreational waste. C. Storage facilities shall: 1. if a building is used, be fly proof, and rodent proof; 2. if outside, be tightly covered, fly proof, rodent proof, and leak proof containers; and 3. be kept reasonably clean and sanitary. D. Outside containers shall: 1. if manually handled, have a capacity less than or equal to 32 gallons; and (a) have safe, usable [sic] handles; or (b) be bags which are not filled to an extent that they rupture with reasonably careful handling; or 2. if mechanically handled, be compatible with collection vehicles. E. Any person who generates yard waste or large waste appliances shall store the yard waste or large waste appliances in a manner which prevents unsightliness and rodent harborage.”
“106. COLLECTION. — A. By July 1, 1975 any person serving a municipality or any portion thereof with a population greater than 3,000 shall provide at least once weekly collection or as often as otherwise necessary to comply with the minimal requirements of the Environmental Improvement Agency.
“B. By July 1, 1975, any person who is responsible for the control of parks, recreational areas and highway rest areas shall provide collection for recreational waste as often as is necessary to prevent the waste from overflowing the storage containers.
“C.

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Bluebook (online)
539 P.2d 221, 88 N.M. 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-mexico-municipal-league-inc-v-new-mexico-environmental-improvement-nmctapp-1975.