Section 74-9-37 - Penalty; criminal

A. Any person who knowingly violates any paragraph of Subsection A of Section 74-9-31 NMSA 1978: (1) if the violation involves a quantity of solid waste that is less than five thousand pounds, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; or (2) if the violation involves a quantity of solid waste that is five thousand pounds or greater, is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. B. Any person who knowingly violates any paragraph of Subsection A of Section 74-9-31 NMSA 1978 and the violation involves any quantity of infectious waste is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. C. Any person who is convicted of a second or subsequent violation of Section 74-9-31 NMSA 1978 pursuant to the provisions of Paragraph (2) of Subsection A or Subsection B or D of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. D.

provisions of Paragraph (2) of Subsection A or Subsection B or D of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. D. Any person who knowingly omits any material information or knowingly makes a false material statement or representation required pursuant to the provisions of Section 74-9-20 or 74-9-21 NMSA 1978 is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978. History: Laws 1990, ch. 99, § 37; 1995, ch. 132, § 2. ANNOTATIONSThe 1995 amendment, effective April 5, 1995, added Subsection A; redesignated former Subsection A as Subsection B; in Subsection B, inserted 'knowingly', substituted 'and the violation involves any quantity of infectious waste' for 'if the cost of cleaning up the disposed solid waste is less than ten thousand dollars ($10,000)', and substituted 'fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978' for 'misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978'; added Subsection C; deleted former Subsection B providing

sions of Section 31-18-15 NMSA 1978' for 'misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978'; added Subsection C; deleted former Subsection B providing the penalty for individuals violating the Solid Waste Act where the cost of clean up is ten thousand dollars ($10,000) or greater; redesignated former Subsection C as Subsection D; in Subsection D, substituted 'knowingly omits any material' for 'willfully fails to disclose or makes an intentional false disclosure of', inserted 'or knowingly makes a false material statement or representation', and substituted 'Section 74-9-20 or 74-9-21 NMSA 1978' for 'Section 20 or 21 of the Solid Waste Act'; and made minor stylistic changes throughout the section.