pg_0001

SB 266

Page 1

AN ACT

RELATING TO THE ENVIRONMENT; PROVIDING CRIMINAL PENALTIES FOR

CERTAIN TRANSPORTATION, TREATMENT, STORAGE AND DISPOSAL OF

USED OIL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 74-4-11 NMSA 1978 (being Laws 1977,

Chapter 313, Section 11, as amended) is amended to read:

"74-4-11. PENALTY--CRIMINAL.--

A. No person:

(1) shall knowingly transport or cause to be

transported any hazardous waste identified or listed pursuant

to the Hazardous Waste Act to a facility that does not have a

permit under that act or the federal Resource Conservation

and Recovery Act of 1976;

(2) shall knowingly treat, store or dispose

of any hazardous waste identified or listed pursuant to the

Hazardous Waste Act:

(a) without having obtained a hazardous

waste permit pursuant to that act or the federal Resource

Conservation and Recovery Act of 1976;

(b) in knowing violation of any

material condition or requirement of a hazardous waste

permit; or

pg_0002

SB 266

Page 2

material condition or requirement of any applicable interim

status rules or standards;

(3) shall knowingly omit material

information or make any false statement or representation in

any application, label, manifest, record, report, permit or

other document filed, maintained or used for purposes of

compliance with the Hazardous Waste Act;

(4) who knowingly generates, stores, treats,

transports, disposes of, exports or otherwise handles any

hazardous waste or used oil shall knowingly destroy, alter,

conceal or fail to file any record, application, manifest,

report or other document required to be maintained or filed

for purposes of compliance with rules adopted and promulgated

pursuant to the Hazardous Waste Act;

(5) shall knowingly transport without a

manifest or cause to be transported without a manifest any

hazardous waste required by rules adopted and promulgated

pursuant to the Hazardous Waste Act to be accompanied by a

manifest;

(6) shall knowingly export hazardous waste

identified or listed pursuant to the Hazardous Waste Act:

(a) without the consent of the

receiving country; or

(b) where there exists an international

agreement between the United States and the government of the

pg_0003

SB 266

Page 3

receiving country establishing notice, export and enforcement

procedures for the transportation, treatment, storage and

disposal of hazardous wastes, in a manner that is not in

conformance with such agreement; or

(7) shall knowingly store, treat, dispose

of, transport, cause to be transported, market or otherwise

handle any used oil in knowing violation of any material

condition or requirement of any applicable rule adopted and

promulgated pursuant to the Hazardous Waste Act.

B. Any person who violates any of the provisions

of Paragraphs (1) through (7) of Subsection A of this section

is guilty of a fourth degree felony and upon conviction shall

be punished by a fine of not more than ten thousand dollars

($10,000) per violation per day or by imprisonment for a

definite term of not more than eighteen months or both. For

a second or subsequent violation of the provisions of

Paragraphs (1) through (7) of Subsection A of this section,

the person is guilty of a third degree felony and shall be

punished by a fine of not more than twenty-five thousand

dollars ($25,000) per violation per day or by imprisonment

for not more than three years or both.

C. Any person who knowingly violates any rule

adopted and promulgated pursuant to Subsection C of Section

74-4-4 or 74-4-4.4 NMSA 1978 is guilty of a misdemeanor and

upon conviction shall be punished by a fine of not more than

pg_0004

SB 266

Page 4

five thousand dollars ($5,000) per violation per day or by

imprisonment for a definite term of one year or both. For

violations related to storage tanks, "per violation" means

per tank.

D. Any person who knowingly transports, treats,

stores, disposes of or exports any hazardous waste or used

oil in violation of Subsection A of this section and who

knows at the time of the violation that the person creates a

substantial danger of a substantial adverse environmental

impact is guilty of a third degree felony if the violation

causes a substantial adverse environmental impact.

E. As used in this section, a "substantial adverse

environmental impact" exists when an act or omission of a

person causes harm or damage:

(1) to human beings; or

(2) to flora, wildlife, fish or other

aquatic life or water fowl; to the habitats of wildlife,

fish, other aquatic life, water fowl or livestock; to

agricultural crops; to any ground water or surface water; or

to the lands or waters of this state where such harm or

damage amounts to more than ten thousand dollars ($10,000).

F. Any person who knowingly transports, treats,

stores, disposes of or exports any hazardous waste or used

oil in violation of Subsection A of this section and who

knows at the time of the violation that the person creates a

pg_0005

SB 266

Page 5

substantial danger of death or serious bodily injury to

another person is guilty of a second degree felony and shall

be sentenced to a term of imprisonment not to exceed nine

years or a fine not to exceed one hundred thousand dollars

($100,000), or both. Any person, other than an individual,

that knowingly transports, treats, stores, disposes of or

exports any hazardous waste or used oil in violation of

Subsection A of this section and knows at that time that it

places an individual in imminent danger of death or serious

bodily injury is guilty of a second degree felony and shall

be fined in an amount not to exceed two hundred fifty

thousand dollars ($250,000)."

Section 2. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.