New Mexico Municipal League, Inc. v. New Mexico Environmental Improvement Bd.

• Court: Court of Appeals of New Mexico
• Writing for the Court: HERNANDEZ; Brice; HENDLEY; SUTIN; SUTIN
• Citation: New Mexico Municipal League, Inc. v. New Mexico Environmental Improvement Bd., 539 P.2d 221, 88 N.M. 201, 1975 NMCA 83 (N.M. App. 1975)
• Decision Date: 02 July 1975
• Docket Number: No. 1570,1570
• Parties: NEW MEXICO MUNICIPAL LEAGUE, INC., a nonprofit Corporation, City of Gallup, a New Mexico Municipal Corporation, City of Artesia, a New Mexico Municipal Corporation, City of Raton, a New Mexico Municipal Corporation, Appellants, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, Appellee.

Page 221

539 P.2d 221

88 N.M. 201

NEW MEXICO MUNICIPAL LEAGUE, INC., a nonprofit Corporation City of Gallup, a New Mexico Municipal Corporation, City of Artesia, a New Mexico Municipal Corporation, City of Raton a New Mexico Municipal Corporation, Appellants, v. NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, Appellee.

No. 1570.

Court of Appeals of New Mexico.

July 2, 1975.

Certiorari Denied Aug. 5, 1975.

Richard L. C. Virtue, Santa Fe, for appellant New Mexico Municipal league.

Robert S. Skinner, Raton, for appellant City of Raton.

Fred A. Watson, Artesia, for appellant City of Artesia.

James L. Parmalee, Jr., Gallup, for appellant City of Gallup.

Toney Anaya, Atty. Gen., Douglas W. Fraser, Special Asst. Atty. Gen., Environmental Improvement Board, Santa Fe, for appellee.

OPINION

HERNANDEZ, Judge.

This is an appeal from the action of the New Mexico Envrionmental Improvement Board (Board) adopting solid waste management regulations (regulations).

Appellants challenge these regulations on four points. We will first set forth the Board's statutory authority and its reasons for adopting the regulations and then proceed to a seriatim discussion of appellants' points of error.

Section 12--12--11(A)(3), N.M.S.A.1953 (Repl. Vol. 3, Supp.1973) provides:

'The board is responsible for environmental management and consumer protection. In that respect, the board shall promulgate regulations and standards in the following areas: . . . (3) liquid waste; and solid waste sanitation and refuse disposal; . . ..'

Section 12--12--13(A), N.M.S.A.1953 (Repl. Vol. 3, Supp.1973) provides:

'No regulation or amendment or repeal thereof shall be adopted until after a public hearing by the environmental improvement board within the area of the state concerned. Hearings on regulations of state-wide application shall be held at Santa Fe. In making its regulations, the board shall give the weight it deems appropriate to all relevant facts and circumstances presented at the public hearing, including but not limited to: (1) character and degree of injury to, or interference with health, welfare, animal and plant life, property and the environment; (2) the public interest, including the social, economic and cultural value of the regulated activity and the social, economic and cultural effects of environmental degradation; and (3) technical practicability, necessity for, and economic reasonableness of reducing, eliminating or otherwise taking action with respect to environmental degradation.'

The Board gave the following reasons for adopting the regulations in the Minutes of its meeting of April 19, 1974:

'1. Section 12--12--11(A)(3) of the Environmental Improvement Act states that the Environmental Improvement Board is responsible for environmental management and consumer protection in the field of liquid waste; and solid waste sanitation and refuse disposal.

'2. The Environmental Improvement Board has not before this date adopted regulations in the field of solid waste management.

'3. The testimony presented at the October 2 and 3, 1973 hearing on solid waste management established that existing storage, collection, transportation and disposal of solid waste in New Mexico is inadequate.

'4. The proposed solid waste regulation will reduce the existing environmental degradation caused by the present improper storage, collection and management of solid waste in New Mexico.

'5. As established by testimony provided in the October 2 and 3, 1973 hearing, the existing procedures used for solid waste management in New Mexico impinge on public health in New Mexico, degrade the land, and pollute New Mexico's air and water.

'6. Local New Mexico communities and counties have looked to the state for direction and have been reluctant to act without state direction.

'7. The proposed regulations will assist the local communities in organizing their solid waste systems and organizing more economically efficient programs.

'8. The testimony provided at the public hearing on October 2 and 3, 1973 established that the proposed regulations will not place an unreasonable economic burden on the communities and counties with the State of New Mexico.

'9. The Environmental Improvement Agency needs the proposed regulations to meet the current demands placed on the Agency by local communities.

'10. The proposed regulations will give field personnel from the Environmental Improvement Agency support in preventing solid waste pollution that leads to vector disease, air and water pollution and land degradation.

'11. As testified to in the October 2 and 3, 1973 hearing, solid waste is the most obvious pollutant in the State of New Mexico.

'12. The proposed regulations are necessary to protect the health, welfare, and environment of the citizens of New Mexico.'

POINT I: 'SECTIONS 105, 106 AND 107 OF THE ENVIRONMENTAL IMPROVMENT BOARD'S SOLID WASTE MANAGEMENT REGULATIONS EXCEED THE STATUTORY AUTHORITY OF THE BOARD AND ARE INAPPLICABLE TO MUNICIPALITIES.'

Appellants contend that Sections 14--49--1 through 7, N.M.S.A.1953 (Repl. Vol. 3) grant to municipalities the authority to acquire and maintain refuse disposal areas or plants, to enforce a general system of refuse collection and disposal, to compel the use of specified kinds of refuse receptacles, and to compel the taking of refuse to designated places. They further point out that § 12--12--11(A)(3), supra, grants the Board authority to regulate 'only refuse disposal including matters relating to sanitation at disposal sites, but not municipal storage, transportation and collection systems.' Their conclusion is that the Board exceeded its authority in promulgating regulations 105, 106 and 107, in conflict with the refuse collection and disposal article of the Municipal Code. We do not agree.

The regulations challenged under this point provide:

'105: STORAGE.--A. By October 19, 1974 any person who generates solid waste shall provide storage facilities for the solid waste except recreational waste, yard waste and large waste appliances. B. By July 1, 1974, any person who is responsible for the control of parks, recreational areas, and highway rest areas shall provide storage facilities for recreational waste. C. Storage facilities shall: 1. If a building is used, be fly proof, and rodent proof; 2. if outside, be tightly covered, fly proof, rodent proof, and leak proof containers; and 3. be kept reasonably clean and sanitary. D. Outside containers shall: 1. if manually handled, have a capacity less than or equal to 32 gallons; and (a) have safe, usable (sic) handles; or (b) be bags which are not filled to an extent that they rupture with reasonably careful handling; or 2. if mechanically handled, be compatible with collection vehicles. E. Any person who generates yard waste or large waste appliances shall store the yard waste or large waste appliances in a manner which prevents unsightliness and rodent harborage.'

'106. COLLECTION.--A. By July 1, 1975 any person serving a municipality or any portion thereof with a population greater than 3,000 shall provide at least once weekly collection or as often as otherwise necessary to comply with the minimal requirements of the Environmental Improvement Agency.

'B. By July 1, 1975, any person who is responsible for the control of parks, recreational areas and highway rest areas shall provide collection for recreational waste as often as is necessary to prevent the waste from overflowing the storage containers.

'C. Any person who provides collection shall have collection vehicles by July 1, 1975, which:

1. do not leak 2. have covers which prevent the solid waste from blowing from the vehicle during travel; and

3. are cleaned at such times and in such manner as to prevent offensive odors and unsightliness.'

'107. TRANSPORTATION.--A. By July 1, 1975, any municipality with a population greater than 3,000 or any cooperative association which serves more than 3,000 people shall provide transportation.

'B. By July 1, 1975, any person who is responsible for the control of parks, recreational areas, and highway rest areas shall provide transportation for recreational waste.

'C. Any person who provides transportation shall have by July 1, 1975, transportation vehicles which:

1. do not leak;

2. have covers which prevent the solid waste from blowing from the vehicles during transportation; and

3. are cleaned at such times and in such manner as to prevent offensive odors and unsightliness.

'D. If a transfer station is used, it shall be designed and operated to minimize entry by flies and rodents and to prevent public nuisance and hazards to health or welfare.'

All statutes are presumed to be enacted by the legislature with full knowledge of all other statutes in pari materia and with reference thereto. State v. Dist. Ct. of Fourth Judicial Dist., 39 N.M. 523, 51 P.2d 239 (1935). Furthermore, statutes which are in pari materia should, as far as reasonably possible, be construed together as though they constituted one law so as to give force and effect to each. State ex rel. State Park and Recreation Commission v. New Mexico State Authority, 76 N.M. 1, 411 P.2d 984 (1966). This rule applies even though the statutes being construed together were enacted at different times and the latter contains no reference to the former. State v. Dist. Ct. of Fourth Judicial Dist., supra. Applying these rules to this situation, it is our opinion that there is no inconsistency or conflict between these statutes. § 12--12--11(A)(3), supra, gives the Board state-wide responsibility for environmental management and protection; it makes mandatory the promulgation of regulations and standards by the board in the areas of liquid waste, and solid waste sanitation and refuse disposal. Section 14--49--2, supra, of the Municipal Code provides that:

'Authority to regulate refuse.--A municipality May, by ordinance:

A. Acquire and maintain refuse disposal areas or plants within or without the municipal...