Permitting Requirements
In accordance with the New Mexico Solid Waste Act (NMSA 1978, Section 74-9-20), a permit is required to construct, operate, or close a solid waste facility. The term “solid waste facility” includes:
- transfer stations (i.e., facilities managed for the collection and accumulation of solid waste with operational rates greater than 240 cubic yards per day monthly average)
- landfills
- processing facilities
- transformation facilities
The Solid Waste Bureau’s Permit Section reviews and issues comments on solid waste facility permit applications. Potential permit applicants must meet with the Permit Section prior to submittal of permit applications to obtain guidance on the required content and scope of applications. Once an application is deemed administratively complete, a mandatory public hearing is held on the application. Testimony is provided at public hearings by the applicant, Permit Section staff, and interested members of the public. The NMED Secretary considers all testimony and comments provided at public hearings and makes decisions regarding the issuance of permits or denial of permit applications. Solid waste facility permits are valid for 20 years. Applications for renewal of solid waste facility permits must be submitted no later than 12 months prior to expiration of an existing permit.
Registration Requirements
Certain types of facilities that handle or manage solid waste require registration in accordance with the New Mexico Solid Waste Rules (20.9.3.27 through 20.9.3.30 NMAC). Facility registrations are valid for five years. Applications for renewal of facility registrations must be submitted no later than 30 days prior to expiration of an existing registration. Facilities requiring registration include:
- Collection centers (i.e., facilities managed for the collection and accumulation of solid waste with operational rates less than 240 cubic yards per day monthly average and that serve the general public)
- Recycling facilities that accept only source-separated recyclable materials
- Composting facilities that accept only source-separated compostable materials
- Small animal crematoria
- Air curtain incinerators
- Law enforcement pharmaceutical incinerators
Commercial haulers of solid waste and all haulers of special waste are required to register in accordance with the New Mexico Solid Waste Rules (20.9.3.31 through 20.9.3.37 NMAC). Hauler registrations are valid for five years. Applications for renewal of hauler registrations must be submitted no later than 30 days prior to expiration of an existing registration.
The Solid Waste Bureau’s Permit Section reviews registration applications and issues approved registrations upon a determination that the applicant has submitted all required information.
Permitted Facilities
See our Guidance Documents and Policies page for other permitted facility guidance documents including:
- Pre-Application Process for Permitted Facilities
- Solid Waste Facility Permit Process
- Landfill (Municipal) Permit Application Requirements
- Landfill (C&D) Permit Application Requirements
- Processing Facility Permit Application Requirements
- Transfer Station Permit Application Requirements
- Transformation Facility Permit Application Requirements
Registered Facilities
See our Forms page for registration application forms for:
- Collection Centers
- Composting Facilities
- Recycling Facilities
- Small Animal Crematoria
- Air Curtain Incinerators
- Commercial and Special Waste Haulers
Public Involvement Plans
The Solid Waste Bureau produces Public Involvement Plans (PIPs) for current permitting actions. A PIP includes an evaluation of the community in the vicinity of the solid waste facility, considers the need for language translation or interpretation services, and describes the public notice actions to be taken for the mandatory public hearing on the permit application.
Current Public Involvement Plans
- Broadway Transfer Station
- Broadway Transfer Station permit application is available to view here
- Foothills Landfill (Las Cruces)
- Taos Regional Landfill
- Taos Regional Landfill permit application is available to view here
- Camino Real Landfill
- Camino Real Landfill permit application is available to view here