Non-hazardous Solid Waste and Recycling - New Mexico

New Mexico incorporates by reference the federal regulations for Non-Hazardous Solid Waste and Recycling; however, the state adds further requirements.

A summary of the additional requirements includes the following:

• The New Mexico Solid Waste Rules define clean fill as follows:
  • “Clean fill” means broken concrete, brick, rock, stone, glass, reclaimed asphalt pavement, or soil that is uncontaminated, meaning the fill has not been mixed with any waste other than the foregoing and has not been subjected to any known spill or release of chemical contaminants, including petroleum product, nor treated to remediate such contamination; reinforcement materials which are an integral part, such as rebar, may be included as clean fill; clean fill must be free of other solid waste, to include land clearing debris, construction and demolition debris, municipal solid waste, radioactive waste, hazardous waste or special waste.(20.9.2.7.C (4) NMAC)
  • Clean fill does not require disposal in a permitted landfill, but may be deposited elsewhere as long as the material is managed in a manner that does not create a public nuisance or potential safety hazard, or adversely impact the environment; is not placed in a watercourse or wetland unless appropriate permits are obtained; and is covered with two feet of clean earth within 30 days after being deposited, unless the clean fill material is clean soil, or unless a longer period or alternative material or depth is specifically approved by the department. (20.9.2.8.H NMAC)

Related Information 

• Laws and Regulations
• Chapter 9 – Solid Waste

Citation

• 74-9-1 Solid Waste Act
• 74- 13
• 20.9.2 NMAC
• 20.9.8 NMAC