§ 74-9-11 — Establishment of solid waste districts; requirements;

changing boundaries. A. After its approval of the plan, the board shall adopt regulations to establish solid waste districts. The districts shall include and be identical with any districts recommended under the provisions of Section 7 [74-9-7 NMSA 1978] of the Solid Waste Act. In establishing districts the board shall take into account all relevant factors, including: (1) the impact of solid waste disposal on land, water and other resources; (2) the financial impact on counties and municipalities of constructing and upgrading landfill disposal facilities; (3) the risks to the environment and to the public health, safety and welfare associated with solid waste; (4) the costs and risks of the transportation of solid waste; (5) existing county and municipal boundaries in the state and commercial, industrial, transportation and population centers both within the state and those that include areas within and outside of the state; and (6) consideration of existing landfill disposal agreements, service areas, facilities and collection systems. B. The board shall district the whole state, and solid waste district boundaries shall be contiguous within the state. Boundaries may cross state lines. The boundaries of a district shall not be altered without board approval. Any person may petition the board for realignment of district boundaries. The board shall act on any petition for realignment of district boundaries within six months of the submission of the petition. C. The boundaries of a solid waste district need not be county or municipal boundaries. Counties and municipalities may be divided by district boundaries with each part in a different district as long as the districts are contiguous.

Legislative History

Laws 1990, ch. 99, § 11.