N.M. Code R. § 20.2.60.110

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.60.110 - OPEN BURNING OF HOUSEHOLD WASTE

A. Applicability:

(1) This section (20.2.60.110 NMAC)applies to open burning of household waste, except for household waste that consists solely of vegetative material as defined in 20.2.60.7 NMAC.

(2) This section (20.2.60.110 NMAC) does not apply to any kind of salvage operation. Open burning as part of a salvage operation is prohibited.

B. Effective June 1, 2004, open burning of household waste, other than vegetative material as defined in 20.2.60.7 NMAC, is prohibited.

C. Prior to June 1, 2004, open burning of household waste is allowed where all of the following conditions are met:

(1) household waste shall not be burned on property other than that property where it was generated;

(2) household waste shall not be burned on property which is served by any on-premises or curbside refuse collection service operated or contracted by a regional waste authority, county, or incorporated city, town, or village;

(3) household waste shall not be burned on any property less than ten miles by road from a convenience center, transfer station, or other receptacle made available for public use by a regional waste authority, county, or incorporated city, town, or village for the deposition and collection of refuse;

(4) household waste shall not be burned at any location nearer than three hundred feet from any occupied dwelling, workplace, or place where people congregate, on property owned by, or under possessory control of, another person;

(5) burning of the following materials is prohibited:

(a) natural or synthetic rubber products, including tires;

(b) waste oil or used oil filters;

(c) insulated wire;

(d) plastic, including polyvinyl chloride ("PVC") pipe, tubing, and connectors;

(e) tar, asphalt, asphalt shingles, or tar paper;

(f) railroad ties;

(g) wood, wood waste, or lumber which has been painted or which has been treated with preservatives containing arsenic, chromium, pentachlorophenol, or creosote;

(h) batteries;

(i) motor vehicle bodies or interiors;

(j) pathogenic wastes; and

(k) asbestos or asbestos containing materials;

D. Auxiliary fuel or incendiary devices may be used to start the burning allowed by this section, provided that:

(1) no oil heavier than number two diesel shall be used; and

(2) no more than the minimum amount of auxiliary fuel necessary to start the fire shall be used.

N.M. Code R. § 20.2.60.110

20.2.60.110 NMAC - Rp 20.2.60.110 NMAC, 12/31/03