New Mexico Statutes 74-4-3.1. Application of act
Nothing in the Hazardous Waste Act shall be construed to apply to any activity or substance which is subject to the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1251 et seq.), the Safe Drinking Water Act, as amended, (42 U.S.C. § 300f et seq.) or the Atomic Energy Act of 1954, as amended, (42 U.S.C. § 2011 et seq.) except to the extent that such application or regulation is not inconsistent with the requirements of such acts; nor shall the Hazardous Waste Act apply to the treatment, storage or
disposal of wastes under a permit issued pursuant to the Surface Mining Act [N.M. Stat. Ann. Chapter 69, Article 25A] or the federal Surface Mining Control and Reclamation Act of 1977, as amended, or to any farmer disposing of waste pesticides from his own use, provided he triple rinses each emptied pesticide container and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instructions on the pesticide label.