The department may assess charges against a party identified as responsible for orphan hazardous materials, for costs the department incurs in cleanup of the orphan hazardous materials and for damage to state property. Amounts received in payment of assessments for cleanup of the orphan hazardous materials shall be deposited in the orphan material recovery fund. Amounts received in payment of assessments for damage to state property shall be used to repair the damage. A person who is assessed charges pursuant to this section may appeal the assessment to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: 1978 Comp., § 74-4B-14, enacted by Laws 1992, ch. 5, § 3; 1998, ch. 55, § 92; 1999, ch. 265, § 94; recompiled as § 12-12-30 by Laws 2005, ch. 22, § 4.
ANNOTATIONSRecompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-14 NMSA 1978 as 12-12-30 NMSA 1978, effective July 1, 2005.
Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in the last sentence.
The 1998 amendment, effective September 1, 1998, inserted "; appeal" in the section heading, substituted "a party identified as" for "persons" and rewrote the last sentence.