Recycled Metals: FAQs
Q: Who is allowed to purchase recycled metals in New Mexico?
The Sale of Recycled Metals Act requires only registered Secondhand Metal Dealers to purchase regulated recycled metals in New Mexico.
Q: Who qualifies as a Secondhand Metal Dealer in New Mexico?
Secondhand Metal Dealer means a scrap metal processor in the business of operating or maintain a scrap metal yard in a physical location in which scrap metal or cast-off regulated material is purchased for shipment, sale or transfer.
Q: What metals are considered regulated materials in New Mexico?
- Aluminum - means a product made from aluminum, an aluminum alloy or an aluminum byproduct. Aluminum material includes an aluminum beer keg but does not include other types of aluminum cans used to contain a food or beverage.
- Bronze - means a cemetery vase, receptacle or memorial made from bronze; bronze statuary; or material readily identifiable as bronze.
- Copper or Brass - means insulated or noninsulated copper wire, hardware or cable of the type used by a public utility, commercial mobile radio service carrier or common carrier that consists of at least twenty-five percent copper; or a copper or brass item of a type commonly used in construction or by a public utility, commercial mobile radio service carrier or common carrier.
- Steel - means a product made from an alloy or iron, chromium, nickel or manganese, including stainless steel beer kegs.
Q: How do I obtain a Storm Water Permit?
The Environment Department issues licenses for Storm Water Permits. As long as recyclers deal with scrap metal, they do need a SWPPP and permit coverage.
Industry Group 509: Miscellaneous Durable Goods - 5093 Scrap and Waste Materials
Establishments primarily engaged in assembling, breaking up, sorting, and wholesale distribution of scrap and waste materials. This industry includes auto wreckers engaged in dismantling automobiles for scrap. However, those engaged in dismantling cars for the purpose of selling secondhand parts are classified in Industry 5015.
- Automotive wrecking for scrap-wholesale Bag
- Bottles, waste-wholesale
- Boxes, waste-wholesale
- Fur cuttings and scraps-wholesale
- Iron and steel scrap-wholesale
- Junk and scrap, general line-wholesale
- Metal waste and scrap-wholesale
- Nonferrous metals scrap-wholesale
- Oil, waste-wholesale
- Plastics scrap-wholesale
- Rubber scrap-wholesale
- Scrap and waste materials-wholesale
- Textile waste-wholesale
- Wastepaper, including paper recycling-wholesale
- Wiping rags, including washing and reconditioning-wholesale
Q: What are the requirements to purchases regulated, recycled material in New Mexico?
A. Verify the accuracy of the personal identification document and vehicle identification presented by any person attempting to sell regulated material. The personal identification document must be one of the following:
- A drivers license
- A military identification card
- A passport issued by the United States or by another country recognized by the U.S.
B. The vehicle identification information must include the following information, in order for the vehicle to be used to transport any regulated materials or metals:
- Year, make, and model of the Vehicle
- License plate number of the Vehicle
C. A “Statement of Ownership” MUST be signed by any seller of regulated metals. The Statement must state that the seller is the legal owner or is lawfully entitled to sell the regulated material/metals. Click here to see a sample of the Purchase Record to be maintained by the dealer.
D. The metal dealer MUST maintain a full, written record of each purchase for copper, brass, bronze, aluminum and steel, as well as for other metals contained in the 1921 Act and the 2008 Act. The record MUST have the following information:
- Name and address of each person who is selling metal
- Identification of the Seller, such as a VALID driver’s license, passport or State issued identification card
- The year, make, model and license plate number of the vehicle(s) that the seller is selling the metal from and all other vehicles used to transport the metal
- The date and location where the purchase is made
- A signed Statement of Ownership from the seller.
- The written record of purchase must be maintained and kept by the dealership for at least a year from the date of purchase and provided upon request to a peace officer.
- The excel database must be updated with all regulated material transactions within two business days to the FTP site.
E. Secondhand Metal Dealers shall comply with the waiting period for disposal of regulated material and not process or permit regulated material to be removed from the dealer's premises until at least twenty-four hours have elapsed since the dealer acquired the regulated material.
- What are the penalties for violating the Sale of Recycled Metals Act?
A person who violates any provision of the Sale of Recycled Metals Act may be assessed a civiil penalty by the Superintendent not to exceed one thousand dollars ($1,000) per violation.
Q: Are second-hand metal dealers required to post signs, warning potential sellers of fraud and misrepresentation?
- All registered metal dealers are required to post a “WARNING SIGN” regarding providing false identification information while attempting to sell regulated material
- The sign must be in two inch lettering and include the following: “A PERSON ATTEMPTING TO SELL REGULATED MATERIAL MUST PRESENT SUFFICIENT IDENTIFICATION AS REQUIRED BY STATE LAW. WARNING: STATE LAW PROVIDES A CIVIL FINE FOR A PERSON WHO INTENTIONALLY PROVIDES A FALSE DOCUMENT OF IDENTIFICATION OR OTHER FALSE INFORMATION TO A SECONDHAND METAL DEALER WHILE ATTEMPTING TO SELL REGULATED MATERIAL.”
- The sign must also state the second-hand metal dealer’s usual business hours.