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§ 4-52-11 NMSA 1978

Powers

Known as the Refuse Disposal Act

The act spans §§ 4–4 (16 sections).

Applied in 1 court decision — leading case 81 F. Supp. 3d 1075 - SWEPI, LP v. Mora County (2015)

Most recently applied in 81 F. Supp. 3d 1075 - SWEPI, LP v. Mora County (January 2015)

1953 Comp., § 15-52-11, enacted by Laws 1959, ch. 194, § 11; 1981, ch. 125, § 45.

The board of county commissioners has power to:

A. establish and fill a position of manager to manage and supervise the manner of storage, collection and disposal of refuse, and fix the compensation attached to the position, or may authorize and direct an administrative official of the county to assume the functions of the manager;

B. provide for employment of personnel to operate and manage facilities for the storage, collection and disposal of refuse within the district;

C. execute contracts on behalf of the district with any firm, corporation or individual to provide for collection and disposal of refuse within the district;

D. execute contracts on behalf of the district with any incorporated village, town, city or other district for the joint operation of any refuse collection system and any sanitary landfill or other disposal method acceptable to the environmental improvement division of the health and environment department [department of environment] for the disposal of refuse;

E. determine that collection and disposal of refuse is in the interest of public health, safety and welfare, and regulate collection and disposal within the district;

F. by district ordinance, adopt on behalf of the district such schedules, rules and regulations and service charge rates imposed upon users as may be necessary for the orderly collection of refuse from the district and for maintenance and operation of sanitary landfills or other satisfactory disposal methods. The board shall, prior to adoption of rules and regulations, obtain approval from the environmental improvement division;

G. acquire by purchase, gift, grant, bequest, devise or through condemnation proceedings, in the manner provided in the Eminent Domain Code [ 42A-1-1 to 42A-1-33 NMSA 1978], such property, rights-of-way or equipment as is necessary for exercise of any authorized function of the district;

H. plan, construct, improve, operate and maintain such structures as may be necessary for performance of any function authorized by the Refuse Disposal Act; and

I. receive all grants or assistance from and cooperate with county, municipal, state and federal agencies in carrying out the purpose of the Refuse Disposal Act.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.