A. A comprehensive state solid waste management program consistent with the plan shall be designed by the director by December 1, 1993 and shall be fully implemented by July 1, 1994. The program shall be reexamined at least once every three years by the director for management and operational compliance and efficiency and to validate compliance with the applicable requirements of the federal statutes and regulations.
B. The program shall be designed to achieve the following objectives:
(1) reduction, recycling, collection, transportation, storage, separation, transformation and disposal of solid waste throughout the state;
(2) coordinated regional activity for solid waste management within a solid waste district;
(3) positive proposals for local action to correct deficiencies in present solid waste management processes;
(4) financial, planning and technical assistance to counties and municipalities, state agencies and other persons to achieve cost-effective reduction, recycling, transformation and disposal of solid waste and environmentally safe solid waste management practices; and
(5) the education of the general public and the education and training of individuals involved in solid waste management to assure proper solid waste management.
C. The program shall identify detailed actions that could be taken by designated persons or organizations to achieve the objectives stated in Subsection B of this section.
History: Laws 1990, ch. 99, § 12; 1991, ch. 185, § 3; 1991, ch. 194, § 4.
ANNOTATIONS1991 amendments. — Identical amendments to this section were enacted by Laws 1991, ch. 185, § 3 and Laws 1991, ch. 194, § 4, effective June 14, 1991, which substituted "December 1, 1993" for "December 1, 1992" and "July 1, 1994" for "July 1, 1993" in the first sentence in Subsection A. The section was set out as amended by Laws 1991, ch. 194, § 4. See 12-1-8 NMSA 1978.
Terms of permits during transition. — Since the relevant 1989 regulation states: "The director shall not issue any permit for a period longer than 10 years, which may be renewed," 203.A, 1989 Regs, it is clear that nothing in the regulation mandates that permits should be granted for the maximum period of time; in fact, the regulation by its plain language authorizes permits for less than a 10-year period. Further, the secretary (now director), in her discretion, could choose to implement the comprehensive solid waste management plan by reviewing all solid waste landfills through the application process within a shorter period of time than 10 years. For these reasons, the five-year permit was proper. Joab, Inc. v. Espinosa, 1993-NMCA-113, 116 N.M. 554, 865 P.2d 1198.