City of Las Vegas, NM Solid Waste

Garbage and refuse shall be placed and maintained in containers of a type approved by the Director.

Plastic bags must be/will be securely tied and shall not weigh in excess of 15 pounds and shall not hold in excess of 32 gallons. The owner, occupant, tenant, or lessee shall keep the bags securely tied and completely intact as to prevent the contents from being scattered in any manner.

No later than 7:00 a.m. on the day curbside collection is scheduled for any premises, or not earlier than 6:00 p.m. of the night before collection is scheduled, all solid waste shall be placed at the street in front of the premises. Wet waste shall be in a securely tied plastic bag, and all garbage shall be placed inside the container designated by the Director.

All solid waste containers shall be placed where designated by the Director. All rollout solid waste containers shall be placed as directed on the days designated for collection of such solid waste and shall be removed from such location following the collection and placed in a location away from the street, on the same day collection is made, unless an exception to this is wanted by the Director. It is unlawful to block or impede access to a container which is located as directed.

Bulky or excessive solid waste.

The Director shall establish the necessary procedures to collect and dispose of bulky solid waste from residential units.

The owner, occupant, tenant or lessee responsible for the unit where solid waste accumulates, i.e., boxes, cartons, cases, barrels, discarded furniture, trees, tree and shrubbery trimmings too long or bulky to be placed in the solid waste container, shall be prepared for collection as follows:

Collapse bulky solid waste such as boxes, cartons, cases and barrels as flat as practicable, break or cut into shorter lengths as needed and securely tie in bundles not exceeding four feet in length and 40 pounds and not to exceed one yard in capacity.

Nest boxes, cartons, cases, etc., together with the smaller boxes inside of the larger boxes, the maximum overall weight of the nested solid waste not to exceed 40 pounds in weight or one yard in capacity.

When preparing bulky solid waste under the options in Subsection B(2)(a) or (b), no refuse such as papers, light packing materials or other similar or easily scattered materials shall be included in the bundling or nesting. Such bundles or nested solid waste may be placed adjacent to the containers for collection, only on designated days for the specific area. All bulky solid waste placed by bins on days not designated for pickup or exceeding the weight and one yard capacity will be assessed a work order fee.

(d)

In the event that collection crews are required to make a special, unscheduled pickup of bulky solid waste as requested by the owner, occupant, tenant or lessee, an additional charge to the customer for collection and removal of solid waste shall be billed to the owner, occupant, tenant or lessee.

(e)

All waste that will not reasonably fit in the solid waste container in a mechanical collection district shall be placed next to the container on designated pickup days. If the bulky solid waste is in excess of one yard and is placed on days other than designated pickup days, the owner, occupant, tenant or lessee shall then make a request for a special pickup, and the solid waste crew will then pick up as soon as feasibly possible. (Solid waste employees shall not enter into private property to collect solid waste.)

If the Director determines that any residential customer consistently produces excessive solid waste (more than scheduled pickups) such that all items will not reasonably fit in the provided solid waste container, the Director may require that customer utilize additional solid waste container(s).

Solid waste containers.

Carts for residential use. Every person in the City of Las Vegas water delivery service area who owns, leases, or occupies a residential premises shall be provided, by the City, a cart to store residential solid waste generated in each residential unit until collection of that solid waste. All residential solid waste shall be securely stored in the designated carts provided exclusively for the assigned residence. If a cart is stolen or damaged, the person responsible for the cart shall pay $50 for cart replacement.

Carts for commercial use. Every person in the City of Las Vegas water delivery service area who owns, leases or occupies a commercial premises shall be provided a cart for the storage of solid wastes therein. Those wastes which do not require containerized storage or those wastes which are considered special wastes shall be stored as authorized by the rules and regulations of this chapter in compliance with New Mexico Solid Waste Management Regulations.

Front loader container for commercial use.

The City shall provide front loader containers as needed to handle the commercial account's volume of waste. No privately owned front loader containers will be serviced by City's solid waste equipment.

The Director shall have the authority to designate the location of such containers after conducting a field inspection of the location or at the time a development plan is reviewed, taking into consideration, among other things, convenience to collection crews, convenience to customer, and hazardous conditions such as electrical wires, telephone wires, cable TV wires, gas meters, fences, walls, sheds, and other conditions that may exist. In the case of disputes or complaints arising from or concerning the location where the container shall be placed, the Director shall designate its location, and his decision shall be final.

Each owner, occupant, tenant or lessee shall be responsible for maintaining the area around the mechanically transported containers. If, in the opinion of the Director, unsanitary premises are being maintained, notice of this fact shall be referred to the Community Development Department, Code Enforcement Division. The Code Enforcement Division shall then advise in writing the owner, occupant, tenant, or lessee that the area needs to be maintained according to the provisions of the applicable ordinances.

(d)

All solid waste containers shall at all times be located in such places as to be readily accessible for removing and emptying the same, but shall not be placed within the limits of any street unless a determination has been made by the Director that there is no other alternative for placement, nor shall any container be placed so as to constitute a nuisance or obstruction to vehicular or pedestrian traffic.

All carts, be they residential or commercial, shall be kept clean and in good condition by the owner, occupant, tenant, or lessee utilizing the carts. Should the Director determine that the containers are not kept in clean and in good condition and are in need of maintenance, or if the owner, occupant, tenant or lessee requests that the City clean and maintain the containers, the City shall clean the containers in use and charge the owner, occupant, tenant or lessee utilizing the container for the cost of cleaning.

(5)

All residential and commercial users shall comply with the rules and regulations established by the City for the use, care and location of solid waste containers and shall keep the lids and covers furnished for such containers closed at all times except when they are being filled or emptied.

§ 361-6 Transfer/recycling station.

The City has operated a state-permitted transfer/recycling station. The use of this facility is intended to control costs and provide an efficient solid waste system for the citizens of the City of Las Vegas.

Waste will enter the transfer station through a gatehouse facility where all loads will be measured or weighed, recorded, documentation inspected (if applicable), and will undergo a visual inspection for unacceptable waste. In the transfer station bays further inspection by the station attendant will occur, solid waste that is for recycling will be diverted, and unacceptable waste will be turned back.

All loads entering the transfer/recycling station must be tarped or in an enclosed container. Any load not contained or covered will be subject to additional charges or citation by law enforcement agencies.

All users of the transfer/recycling station must comply with all signs, posted rules and procedures provided by City employees operating the facility.

All users of the transfer/recycling station will be subject to charges as outlined in § 361-10, Services, rates and charges, adopted through resolution for this chapter.

The Director shall establish the necessary procedures to collect, process, transport, recycle, and landfill materials from the transfer/recycling station. Procedures must comply with the New Mexico Environment Department, Solid Waste Regulations and the Solid Waste Permit issued for the transfer/recycling station.

§ 361-7 Recyclable materials.

Recycling program. The City supports the concept of recycling certain materials from an environmental protection perspective, as well as from the perspective of reducing the quantity of solid waste that must be transported and disposed of. The City's intent, as of the date this chapter is adopted, is to pursue and promote recycling to the extent feasible such that there will be no net cost of service increase to the solid waste customers due to the recycling program. The anticipated initial recycling materials include cardboard, yard waste, aluminum, glass, plastic, steel cans, newspaper, white paper and six-foot-long tree branches. Other recycling programs may be added at a later date, and the City may need to implement a surcharge fee on each monthly bill to facilitate an expanded recycling program.

Acceptance and processing at designated location. The Director may designate a location at the City transfer station or other location for acceptance and processing of sorted recyclable materials. The Director will determine which materials will be accepted and the extent of sorting and packaging or bundling required to facilitate processing and sale of the recyclable material. The Director shall establish the necessary procedures to collect, process and market recycled materials.

§ 361-8 Prohibited acts.

Accumulation of solid waste. Any unauthorized accumulation of solid waste, refuse or debris is declared to be a nuisance and is prohibited pursuant to Chapter 301, Nuisances.

Interference with City employees. It shall be unlawful for any person to interfere in any way with any solid waste employee of the City or any designated representative of the City while in the discharge of their duties in the Solid Waste Department.

Scavenging. It is unlawful for any person not authorized by the City, the owner (whether contractor or hauler the designated user of a trash container) to remove, collect or disturb the trash stored in such container or to open the lid intending to do so. No person shall remove any trash from a container and scatter the same upon any public or private property.

Damage to containers.

It shall be unlawful and a violation of this chapter for any person to intentionally damage any solid waste container placed pursuant to this chapter. Should any person intentionally, negligently, or recklessly damage any container by any means, including, but not limited to, the following: tipping, dragging, painting, or otherwise defacing any such container, such person may be cited under this provision.

Any individual who damages any containers provided for the residential or commercial users shall be liable to the City for the cost of repair or replacement of such containers.

It is prohibited for any person, including children, to be on or in solid waste containers.

Disposal of prohibited items.

It shall be unlawful for any person to place or dispose of the following items or materials in any solid waste container: hazardous waste, cooking grease, scrap metal, concrete, adobe, bricks, rocks, sand, ashes, construction debris, infectious waste, automobile batteries, used motor oil, hot waste, animal carcasses, manure, petroleum waste, white goods, yard waste, drilling fluids, fly ash waste, dry chemicals that when wetted become hazardous, contaminated soils, paints, solvents, tree limbs, poisons, acids, or caustic chemicals.

Toxic, highly flammable or explosive materials shall not be placed in containers for regular collection, but shall be disposed of as directed by the Police Department and Fire Department and in accordance with any applicable state and federal regulations, at the expense of the person accumulating the same. Neither oil wastes nor dangerous substances shall be placed for collection by the City.

Abandonment of dangerous containers.

It shall be unlawful for any person or commercial establishment to:

Abandon, discard or keep in any place accessible to children any refrigerator, icebox, freezer, airtight container, cabinet or similar container, of 1 1/2 cubic feet or more, which is no longer in use, without having the attached doors, hinges, lids or latches removed or without sealing the doors or other entrances so as to make it impossible for anyone to be imprisoned therein; or

Knowingly permit any abandoned or discarded refrigerator, icebox, freezer, airtight container, cabinet or similar container to remain upon such premises in a condition whereby a child may be imprisoned therein.

It shall be unlawful for any person to commit the offense defined in this section.

Burning solid waste. No person shall burn solid waste unless it is burned in an incinerator approved by Fire Department or Environment Department. These containers shall be separate and apart from containers used for depositing garbage and refuse.[1]

[1]

Editor's Note: See also Ch. 154, Burning, Open.

Manner of transporting.

Any commercial or residential solid waste which is to be transported on City streets shall be contained within a covered vehicle and secured as to prevent any refuse from littering any public or private property.

It shall be the duty of every person hauling any refuse along the streets or alleys of the City to pick up immediately in the conveyance used for such hauling any of the contents which may fall therefrom in or upon any street, alley or premises within the limits of the City.

Illegal disposal. No person shall dispose of solid waste into a cart, container, or facility owned by the City, unless that person is paying for that cart, container, or use of the facility.

§ 361-9 Franchise hauling.

The City may enter into a franchise with any person, firm, corporation, or private/government organization authorized to conduct business within the State of New Mexico for the collection of solid waste and/or disposal, provided:

The franchise is a nonexclusive agreement.

The hauler meets the City's minimum insurance requirements for public injury and property damage.

The hauler has the equipment that meets all Environment Department requirements.

The hauler is registered with the New Mexico Environment Department, Solid Waste Bureau.

The hauler has a current City business license.

The hauler shall dispose of all solid waste in a manner complying with all City ordinances, state laws and regulations and all federal laws and regulations pertaining to operating of equipment and disposal of solid waste.

The hauler signs a franchise agreement which shall have a franchise fee.

§ 361-10 Services, rates and charges.

[Amended 7-20-2005 by Ord. No. 05-10; 8-17-2005 by Ord. No. 05-15; 9-21-2005 by Ord. No. 05-19; 6-7-2006 by Ord. No. 06-10; 7-15-2009 by Ord. No. 09-08; 7-28-2010 by Ord. No. 10-20]

The rates, charges and services of the City's solid waste utility shall be as described and defined below for customers receiving solid waste service inside the City limits:

Residential service.

Residences are defined as single-family dwellings, each apartment unit of any apartment complex, and each mobile home occupied as a place of residence whether located within or outside a so-called trailer or mobile home park. Each such residence shall pay the rates listed in the attached Rate Schedule 1[1] for the use of a single cart which shall be emptied by the City once per week. Each additional cart provided to the same residence shall result in charges according to rates listed in the attached Rate Schedule 1. Each residence shall be limited to the use of two carts. The occupant and the owner of the residence shall be responsible for the cart, which remains the property of the City. The account holder shall pay $75 for cart replacement due to damage or theft as listed in the attached Rate Schedule 3.[2]

[1]

Editor's Note: The current rate schedules are available from the City offices.

[2]

Editor's Note: The current rate schedules are available from the City offices.

In the event that the City deems that the area around a residential container must be cleaned, the City shall perform this service for a charge according to rates listed in the attached Rate Schedule 3.

Any residential customer of the City's solid waste utility requiring special pickup of solid waste shall be billed an additional amount according to rates listed in the attached Rate Schedule 3.

Note: Residential pickup fees shall include an automatic 42.6% increase on February 1, 2011, and subsequent 5% yearly increases for fiscal year 2012 through 2015. The adjustment shall be reflected in an update to the attached Rate Schedule 1.

Exemption.

A person who owns or rents a residence shall receive a $5 per month exemption from the residential container charge if the following criteria are met:

The person shall complete an exemption application annually and submit it to the City's Finance Department. The exemption shall be reviewed and revised if a name change is requested for that residence. The exemption application shall be maintained at the Finance Department.

The applicant shall present a valid medicare or medicaid card and evidence that he/she is a senior citizen 55 years or older.

The applicant shall present evidence that he/she is the titled owner and is the full-time occupant of the residence where service is being provided; or the applicant shall present a rental or lease agreement signed by the owner of the property in which the applicant is residing showing the applicant to be the legal tenant. The applicant shall also provide evidence that he/she is the full-time occupant of the property.

In the event that the applicant fails to pay any charge for solid waste utility service throughout the exemption period, the exemption shall be nullified and regular charges for services shall be assessed for the exemption period.

Commercial service.

Monthly charges for commercial services are based on container size and frequency of pickup listed in the attached Rate Schedule 2.[3]

[3]

Editor's Note: The current rate schedules are available from the City offices.

Note: Commercial pickup fees shall include an automatic 42.6% increase on February 1, 2011, and subsequent 5% yearly increases for fiscal year 2012 through 2015. The adjustment shall be reflected in an update to the attached Rate Schedule 1.

Additional conditions.

Mixed residential/commercial use. Commercial establishments which contain on the premises a residence in which the owner or operator of the commercial establishment maintains his/her residence shall be assessed commercial charges only. However, in the event the residence is occupied by persons other than the owner or operator of the commercial establishment, the charges made for solid waste utility services shall be based on both residential and commercial rates. Charges shall be determined by the waste service(s) provided to the premises and the business license.

Compulsory collection and services fees. Except as otherwise provided, every person owning or controlling real property with a structure on said property within the City shall pay the solid waste collection or disposal fees established and provided for by this chapter.

Payment of fees. The billing and collection of charges for container and other related solid waste utility services provided by this chapter shall be done by the City's Billing Department. Services provided at the transfer station may be billed through the Billing Department or may be paid in cash at the transfer station.

Responsibility for payment of charges.

If a landlord does not wish to be responsible for specific, or any utilities incurred on their rental property(ies), they must submit a notarized landlord waiver of responsibility form to the City of Las Vegas Utilities Department, located at 905 12th Street.

If such form is not submitted, the landlord is responsible for any charges accrued, pursuant to NMSA 1978, § 3-23-6, and if utility charges are not paid to the City within six months after the initial billing date, a lien against the property shall be filed according to NMSA 1978, § 3-36-1. The landlord shall submit a landlord utilities waiver of responsibility form only once for each rental property involving said waiver of utility payment.

Additional requirements.

[1]

Landlord standby utilities agreement. The landlord must enter into a landlord standby utilities agreement with the City to have those services provided by the City Utilities Department. Provision of standby utilities services are optional and will be provided only to those landlords requesting said standby services.

[2]

Landlord/tenant filing system. The City of Las Vegas Utilities Department shall maintain a comprehensive filing system that will contain any and all agreements, waivers and forms requesting utility service covered in this chapter. A separate file will be maintained for each landlord and each utility service address.

(5)

Automatic rate adjustment. Annual automatic adjustments to the rates and charges of the Solid Waste Utility may be made through application of the Consumer Price Index (CPI-U) which is maintained by the US government.

Adjustments. The adjustment shall be authorized by the City Manager only after examination of the financial performance of the utility in the past fiscal year.

(6)

Emergency adjustments to rates and charges. Due to the nature of the operations of the solid waste utility, the City recognizes that there may be unforeseen or emergency situations that would require rapid adjustment of the rates and charges of the utility. The City shall implement such emergency rate adjustments, provided that the following conditions are met:

The issue requiring an emergency rate adjustment shall be presented to the City's Utility and Finance Committees. Concurrence for the action by these two Committees is required to implement the emergency rate adjustment.

An emergency rate adjustment shall be considered only an interim action. In the event this chapter is not amended to permanently change the rates and charges of the solid waste utility within 90 days of the implementation of the emergency adjustment, the rates and charges shall revert back to those in effect prior to the implementation of the emergency adjustment.

Coincident monthly billing. Billing for normal monthly services from all of the City's utilities shall be contained on one monthly bill issued to each customer of the City's utilities.

Late payment fee. All amounts billed for solid waste service or other charges specified in this chapter shall be due and payable when the bill is issued, and shall become subject to a late payment fee in the event the customer fails to pay any amount due at the time of the issuance of the next bill. The City shall assess a fee of 1.5% per month to amounts which have not been paid at the time of the issuance of the next bill. The fee shall be compounded for each month for which amounts remain unpaid.

§ 361-11 Violations and penalties.

Any person found guilty of violating any of the provisions of this chapter shall pay a civil fine of not more than $500 as determined by the Municipal Court. In addition, the City Manager, depending on the violation, may disconnect any or all City utility services to the violator. Each day this chapter is violated shall constitute a separate offense; provided, however, if a specific penalty is provided in any particular and individual section of this chapter, the specific penalty shall prevail.

The City also has the discretion of filing criminal charges pursuant to City ordinance or state statutes.

Additional fines may be assessed to:

Any person responsible for overloading a trash container shall be subject to a charge of $20 to compensate the City for its additional expense in unloading the container. The twenty-dollar fee shall be an item added to the responsible party's water bill.

Any vehicle transporting solid waste which arrives at the City's transfer station uncovered may be fined an amount up to $100, in accordance with the following:

First offense: warning.

Second offense: $50.

Third offense: $75.

(d)

Fourth offense and thereafter: $100.

Citations for assessment of any fines authorized under this chapter may be written and issued by any of the following:

Any City of Las Vegas law enforcement officer.

The Director of the Solid Waste Department or his/her authorized representative.