State Codes and Statutes

Statutes > New-mexico > Chapter-74 > Article-10 > Section-74-10-2

74-10-2. Legislative declaration.

It is declared as a matter of legislative determination that:   

A.     the organization of the authority hereby created having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in the Solid Waste Authority Act [74-10-1 to 74-10-100 NMSA 1978] will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state;   

B.     the acquisition, improvement, maintenance and operation of any solid waste management-related project authorized in that act is in the public interest and constitutes a part of the established and permanent policy of the state;   

C.     the authority hereby organized shall be a body corporate and politic, a quasi-municipal corporation and a political subdivision of the state;   

D.     the notice provided for in the Solid Waste Authority Act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings under that act which may directly and adversely affect his legally protected interests;   

E.     for the accomplishment of these purposes, the provisions of that act shall be broadly construed;   

F.     nothing in the Solid Waste Authority Act shall be construed to supersede or affect any provision of the Solid Waste Act or any regulations adopted pursuant to that act; and   

G.     any authority created by the Solid Waste Authority Act is specifically prohibited from exercising any regulatory or enforcement powers or any permitting or site approval as mandated by the Solid Waste Act.   

State Codes and Statutes

Statutes > New-mexico > Chapter-74 > Article-10 > Section-74-10-2

74-10-2. Legislative declaration.

It is declared as a matter of legislative determination that:   

A.     the organization of the authority hereby created having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in the Solid Waste Authority Act [74-10-1 to 74-10-100 NMSA 1978] will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state;   

B.     the acquisition, improvement, maintenance and operation of any solid waste management-related project authorized in that act is in the public interest and constitutes a part of the established and permanent policy of the state;   

C.     the authority hereby organized shall be a body corporate and politic, a quasi-municipal corporation and a political subdivision of the state;   

D.     the notice provided for in the Solid Waste Authority Act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings under that act which may directly and adversely affect his legally protected interests;   

E.     for the accomplishment of these purposes, the provisions of that act shall be broadly construed;   

F.     nothing in the Solid Waste Authority Act shall be construed to supersede or affect any provision of the Solid Waste Act or any regulations adopted pursuant to that act; and   

G.     any authority created by the Solid Waste Authority Act is specifically prohibited from exercising any regulatory or enforcement powers or any permitting or site approval as mandated by the Solid Waste Act.   


State Codes and Statutes

State Codes and Statutes

Statutes > New-mexico > Chapter-74 > Article-10 > Section-74-10-2

74-10-2. Legislative declaration.

It is declared as a matter of legislative determination that:   

A.     the organization of the authority hereby created having the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities provided in the Solid Waste Authority Act [74-10-1 to 74-10-100 NMSA 1978] will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state;   

B.     the acquisition, improvement, maintenance and operation of any solid waste management-related project authorized in that act is in the public interest and constitutes a part of the established and permanent policy of the state;   

C.     the authority hereby organized shall be a body corporate and politic, a quasi-municipal corporation and a political subdivision of the state;   

D.     the notice provided for in the Solid Waste Authority Act for each hearing and action to be taken is reasonably calculated to inform any person of interest in any proceedings under that act which may directly and adversely affect his legally protected interests;   

E.     for the accomplishment of these purposes, the provisions of that act shall be broadly construed;   

F.     nothing in the Solid Waste Authority Act shall be construed to supersede or affect any provision of the Solid Waste Act or any regulations adopted pursuant to that act; and   

G.     any authority created by the Solid Waste Authority Act is specifically prohibited from exercising any regulatory or enforcement powers or any permitting or site approval as mandated by the Solid Waste Act.