As used in the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978]:

A. "accident" means an event involving hazardous materials that may cause injury to persons or damage to property or release hazardous materials to the environment;

B. "administrator" means the hazardous materials emergency response administrator;

C. "board" means the hazardous materials safety board;

D. "chief" means the chief of the New Mexico state police;

E. "commission" means the state emergency response commission;

F. "department" means the homeland security and emergency management department;

G. "emergency management" means the ability to prepare for, respond to, mitigate, recover and restore the scene of an institutional, industrial, transportation or other accident;

H. "first responder" means the first law enforcement officer or other public service provider with a radio-equipped vehicle to arrive at the scene of an accident;

I. "hazardous materials" means hazardous substances, radioactive materials or a combination of hazardous substances and radioactive materials;

J. "hazardous substances" means flammable solids, semisolids, liquids or gases; poisons; corrosives; explosives; compressed gases; reactive or toxic chemicals; irritants; or biological agents, but does not include radioactive materials;

K. "orphan hazardous materials" means hazardous substances, radioactive materials, a combination of hazardous substances and radioactive materials or substances used in the manufacture of controlled substances in violation of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] where an owner of the substances or materials cannot be identified;

L. "plan" means the statewide hazardous materials emergency response plan;

M. "radioactive materials" means any material or combination of materials that spontaneously emits ionizing radiation. Materials in which the estimated specific activity is not greater than 0.002 microcuries per gram of material are not considered to be radioactive materials unless determined to be so by the hazardous and radioactive materials bureau of the water and waste management division of the department of environment for purposes of emergency response pursuant to the Hazardous Materials Emergency Response Act;

N. "responsible state agency" means an agency designated in Subsection D of Section 12-12-21 NMSA 1978 with responsibility for managing a certain type of accident or performing certain functions at the scene of such accident; and

O. "secretary" or "state director" means the state director of homeland security and emergency management.

History: 1978 Comp., § 74-4B-3, enacted by Laws 1983, ch. 80, § 3; 1984, ch. 41, § 2; 1986, ch. 62, § 1; 1989, ch. 149, § 10; 1992, ch. 5, § 1; 1997, ch. 152, § 1; 1997, ch. 231, § 1; recompiled as § 12-12-19 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 27.

Recompilations. — Laws 2005, ch. 22, § 4 recompiled 74-4B-3 NMSA 1978 as 12-12-19 NMSA 1978, effective July 1, 2005.

Cross references. — For chief of the New Mexico state police, see 29-2-3 NMSA 1978.

The 2007 amendment, effective July 1, 2007, redefined "department" to mean the homeland security and emergency management department and defined "secretary" or "state director" to mean the state director of homeland security and emergency management.

The 1997 amendment, effective July 1, 1997, inserted "or hazardous substances used in the manufacture of controlled substances in violation of the Controlled Substances Act" and made related stylistic changes in Subsection K.

The 1992 amendment, effective May 20, 1992, substituted "that" for "which" in Subsection A; added present Subsection F; redesignated former Subsections F through I as present Subsections G through J; added present Subsection K; redesignated former Subsections K through N as present Subsections M through P; and, in Subsection M, substituted "that" for "which" in the first sentence, and substituted all of the present language of the second sentence beginning with "hazardous" for "radiation protection bureau of the environmental improvement division of the health and environment department for purposes of emergency response pursuant to the Emergency Management Act".

Am. Jur. 2d, A.L.R. and C.J.S. references. — Establishing "release or threatened release" of hazardous substance from facility for purposes of liability pursuant to § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9607), 120 A.L.R. Fed. 1