Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to pass a bill that defines hazardous waste as any solid waste or combination of solid wastes that may cause or significantly contribute to an increase in mortality or illness.

Highlights:

• Requires that the board adopt rules for the management of hazardous waste, as may be necessary to protect public health and the environment, that are equivalent to and at least as stringent as federal regulations adopted by the federal environmental protection agency (Sec. 2)

• Specifies that for the identification and listing of hazardous wastes, taking into account toxicity, persistence and degradability, potential for accumulation in tissue and other related factors, including flammability, corrosiveness and other hazardous characteristics; provided that, the board shall not identify or list any solid waste or combination of solid wastes as a hazardous waste that has not been listed and designated as a hazardous waste by the federal environmental protection agency (Sec. 2). 

• Establishes standards applicable to generators identified or listed under this subsection, including requirements for (Sec. 2):

• Furnishing information on the location and description of the generator's facility and on the production or energy recovery activity occurring at that facility;

• Recordkeeping practices that accurately identify the quantities of hazardous waste generated, the constituents of the waste that are significant in quantity or in potential harm to human health or the environment and the disposition of the waste;

• Labeling practices for any containers used for the storage, transport or disposal of the hazardous waste that will identify accurately the waste;

• Use of safe containers tested for safe storage and transportation of the hazardous waste;

• Furnishing the information on the general chemical composition of the hazardous waste to persons transporting, treating, storing or disposing of the waste;

• Implementation of programs to reduce the volume or quantity and toxicity of the hazardous waste generated;

• Submission of reports to the secretary at such times as the secretary deems necessary, setting out the quantities of hazardous waste identified or listed pursuant to the Hazardous Waste Act; and

• The use of a manifest system and any other reasonable means necessary to ensure that all hazardous waste generated is designated for treatment, storage or disposal in, and arrives at, treatment, storage or disposal facilities, other than facilities on the premises where the waste is generated, for which a permit has been issued pursuant to the Hazardous Waste Act.

Full Bill Text