Medical Waste Regulations in New Mexico (2026)
Generator registration, storage limits, approved treatment, transport rules, and penalties under New Mexico Environment Department, Solid Waste Bureau, with the primary statute behind every line.
New Mexico medical waste rules at a glance
| Governing agency | New Mexico Environment Department, Solid Waste Bureau |
|---|---|
| Primary statute / rule |
|
| Generator registration | New Mexico does not require infectious waste generators to register with or notify the department on a routine basis. Under 20.9.8.13.E NMAC each generator must prepare and maintain on file a written management plan for the waste, and must report to the secretary only specific events such as delivery of unauthorized waste, contamination of any person, or other emergencies. [source] |
| On-site storage time limit | Under 20.9.8.10.B NMAC no person may store special waste for longer than 90 days from the date it is placed in storage awaiting transportation, processing, or final disposal, and no person other than the generator may store infectious waste for over seven days without refrigeration at or below 45 degrees Fahrenheit. [source] |
| Approved treatment methods |
|
| Transport / manifest rules | Under 20.9.8.19 NMAC a manifest must accompany each load of special waste originating in or disposed in New Mexico, listing the generator and origin, all haulers in transport order, the receiving permitted facility, the proper waste name, total weight or volume, container type and count, and special handling instructions. The generator must keep a copy of the originating manifest for three years. [source] |
| On-site treatment allowed? | Yes. A generator may treat infectious waste on site using an approved method in 20.9.8.13.F NMAC (controlled-air incineration, steam sterilization, sewage discharge, or a secretary-approved method) to render it non-infectious, after which it is no longer special waste. Any incinerator must be permitted under 20.9.2 to 20.9.10 NMAC. [source] |
| Penalty range | Civil penalty up to $5,000 per day of noncompliance for each violation under NMSA 1978 Section 74-9-36, plus up to an additional $5,000 per day for failure to comply with a compliance order. Criminal penalties for knowing violations are provided separately under NMSA 1978 Section 74-9-37. [source] |
What is unique about New Mexico
New Mexico regulates infectious waste as one category of "special waste" under the Solid Waste Rules (20.9.8 NMAC) rather than under a standalone medical-waste statute, so the same 90-day special-waste storage cap applies, layered with an infectious-waste-specific rule that no one other than the generator may hold it more than seven days without refrigeration at or below 45 degrees Fahrenheit (20.9.8.10.B NMAC). The state imposes no routine generator registration; generators instead keep a written management plan on file (20.9.8.13.E NMAC).
Frequently asked questions
Which agency regulates medical and infectious waste in New Mexico?
The New Mexico Environment Department, Solid Waste Bureau, under the Solid Waste Act (NMSA 1978 Sections 74-9-1 to 74-9-43) and the Solid Waste Rules, with infectious waste handled as a special waste in 20.9.8 NMAC.
Do New Mexico infectious waste generators have to register with the state?
No. The rules do not impose routine registration or notification. Under 20.9.8.13.E NMAC each generator must prepare and keep a written management plan on file and report only emergencies or unauthorized-waste incidents to the secretary.
How long can infectious waste be stored in New Mexico?
No special waste may be stored more than 90 days, and anyone other than the generator may not store infectious waste more than seven days without refrigeration at or below 45 degrees Fahrenheit (20.9.8.10.B NMAC).
What treatment methods are approved for infectious waste in New Mexico?
Controlled-air multi-chambered incineration, steam sterilization (autoclaving) that kills Geobacillus stearothermophilus spores, secondary-treatment sewage discharge for appropriate liquids, and other methods approved by order of the secretary (20.9.8.13.F NMAC).
Can a New Mexico generator send untreated infectious waste to a landfill?
No. Infectious waste must be treated to render it non-infectious before disposal, after which it is no longer special waste. Approved on-site treatment includes controlled-air incineration, steam sterilization that kills Geobacillus stearothermophilus spores, and secretary-approved methods (20.9.8.13.F NMAC). A tracking manifest must accompany each load of special waste from the generator through every hauler to the receiving permitted facility, and the generator keeps a copy of the originating manifest for three years (20.9.8.19 NMAC).
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