2018 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 12 - Hazardous Materials Emergency Response
Section 12-12-27 - Clean-up.

Universal Citation: NM Stat § 12-12-27 (2018)
12-12-27. Clean-up.

Nothing in the Hazardous Materials Emergency Response Act [12-12-17 through 12-12-30 NMSA 1978] shall be construed to relieve hazardous materials owners, shippers or carriers of their responsibilities and liability in the event of an accident. Such persons shall assist the state as requested in responding to an accident and are responsible for restoring the scene of the accident to the satisfaction of the state.

History: 1978 Comp., § 74-4B-10, enacted by Laws 1983, ch. 80, § 10; recompiled as § 12-12-27 by Laws 2005, ch. 22, § 4; 2007, ch. 291, § 31.

ANNOTATIONS

Recompilations.Laws 2005, ch. 22, § 4 recompiled 74-4B-10 NMSA 1978 as 12-12-27 NMSA 1978, effective July 1, 2005.

The 2007 amendment, effective July 1, 2007, changed the title of the act.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Third-party defense to liability under § 107 of Comprehensive Environmental Response, Compensation, and Liability Act (42 USCS § 9607), 105 A.L.R. Fed. 21.

Arranger liability of sellers pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(3)), 125 A.L.R. Fed. 315.

Arranger liability of state government under § 107(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)), 130 A.L.R. Fed. 431.

Arranger liability of nongenerators pursuant to § 107(a)(3) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 USCS § 9607(a)(3)), 132 A.L.R. Fed. 77.

Liability of local government under § 107(a) of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USCS § 9607(a)), 133 A.L.R. Fed. 293.

What constitutes "disposal" for purposes of owner or operator liability under § 107(a)(2) of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 USCS § 9607(a)(2)), 136 A.L.R. Fed. 117.

Private entity's status as owner or operator under § 107 (a)(1,2) of Comprehensive Environmental Response, and Liability Act (42 USCS § 9607 (a)(1,2)) (CERCLA), 140 A.L.R. Fed. 181.

Equitable allocation of response costs in contribution action under § 113(f) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 USCA § 9613(f): Factors affecting response cost liability of generator, broker or arranger, and transporter in single waste stream cases, 146 A.L.R. Fed. 363.

Amount and characteristics of wastes as equitable factors in allocation of response costs pursuant to § 113(f)(1) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.A. § 9613(f)(1): multiple waste streams, 162 A.L.R. Fed. 371.

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