This chapter shall be known and cited as the "Otero County Solid
Waste Ordinance."
For the purpose of this chapter, the following terms, phrases,
words and their derivatives shall have the meanings stated herein:
ACCUMULATION
To gather or collect into a mound, heap, mass, or coverage;
forming a steadily increasing quantity.
ARROYO
Includes any canyon, draw or wash or any other earthen channel
with visible evidence of the occasional flow of water.
ASHES
Fire residue of any kind, including, but not limited to,
fireplace ashes, barbecue grill briquettes, wood chips, wood stove
ashes, campfire ashes, hot waste or other material susceptible to
spontaneous combustion.
CONSTRUCTION OR DEMOLITION DEBRIS
Materials generally considered water-insoluble and nonhazardous
in nature, including, but not limited to, steel, glass, brick, concrete,
asphalt, roofing materials, pipe, gypsum wallboard, and lumber from
the construction or destruction of a structure, and includes rocks,
soil, tree remains, trees, and other vegetative matter that normally
results from land clearing. If such debris is mixed with any other
type of solid waste, it loses its classification as construction and
demolition debris.
COUNTY MANAGER
The chief administrative assistant to the Board of County
Commissioners of Otero County.
DEBRIS
All waste building material, including, but not limited to,
bricks, concrete blocks, shingles, roofing material, lumber, pipe,
commercial construction wastes, and any other matter that is commonly
known as "debris."
FLOODPLAIN
The relatively flat area or low land adjoining the channel
of a watercourse or a body of standing water which has been or may
be covered by floodwaters, and which has a one-percent chance of occurring
in a given number of years, the limits of which are shown on a National
Flood Insurance Program (NFIP) Flood Insurance Rate Map (FIRM).
GARBAGE
Includes all waste food, swill, carrion, slops, and all waste
from the preparation, cooking and consumption of food and from the
handling, storage and sale of food products and the carcasses of animals.
GROUNDWATER
Interstitial water which occurs in saturated earth material
and which is capable of entering a well in sufficient amounts to be
utilized as a water supply.
HAULER
Any person who collects refuse or debris from any property
not owned by that person.
INOPERATIVE OR INOPERABLE MOTOR VEHICLE
A motor vehicle from or on which the engine or motor, the
transmission or transaxle, drive shaft, differential, steering mechanism,
axles, wheels, body, doors, windshield, headlights, taillights, or
any other part of the vehicle is removed, damaged, wrecked, partially
dismantled, or in such a state of disrepair that the vehicle cannot
be either moved under its own power, driven, licensed or operated
on a public road, street, highway, or any other public thoroughfare.
LANDFILL
A facility designed for the disposal of refuse and solid
waste permitted in accordance with EID Regulation EID/SWMR-2 and this
chapter.
LITTER
Any quantity of improperly discarded solid waste, decaying
or nondecaying solid or semisolid waste, including but not limited
to discarded furniture and appliances, overflowing residential and
commercial trash cans, construction debris, uncontainerized paper
such as fast-food packages, candy wrappers, cigarette butts, and/or
plastic, glass, trash, debris, rubbish, refuse, garbage, or junk parts
and scrap materials found in public areas or generated while traveling
in a motor vehicle.
MOTOR VEHICLE
Any wheeled vehicle which is self-propelled or intended to
be self-propelled.
PERSON
Any individual, partnership, company, corporation, firm,
association, trust, estate, state and federal agency, government instrumentality
or agency, institution, county, city, town, village, or municipality
or other legal entity, however organized.
PUBLIC AREA
Any land owned by the community or open to common use, such
as streets, roads, sidewalks, alleys, arroyos, or other public ways,
and any and all public parks, spaces, grounds, and buildings.
REFUSE
Includes garbage and rubbish.
RUBBISH
Includes, but is not limited to, all dismantled or partially
dismantled motor vehicles, inoperable motor vehicles, dismantled or
partially dismantled mobile homes or trailers, waste paper, metal,
paper cartons, cardboard, tree branches, yard waste, wood, glass,
plastic, discarded furniture, signs, and appliances or parts thereof,
tin cans, dirt, ashes, bottles, liquid petroleum waste, such as motor
oil and similar items, and all other unwholesome material of every
kind, not including garbage.
SOLID WASTE
Means, but is not limited to, any garbage, litter, refuse,
debris, rubbish, yard waste, appliances, inoperable vehicles, construction
and demolition debris, or other discarded material originating from
residential, industrial, or commercial sources.
WATER TABLE
The surface in unconfined groundwater at which the pressure
is atmospheric and which is defined by the levels at which water stands
in wells that penetrate the water just far enough to hold standing
water.
WEEDS
All rank, noxious, poisonous, harmful, unhealthful, wild,
naturally occurring, without cultivation, vegetation or any growth
of any kind or nature whatsoever of an offensive or unsightly nature,
or which is deleterious to the health, safety and welfare of the public
and shall include, but is not limited to, the following:
A.
Pigusweed (Amaranthus retroflexus).
B.
Russian thistle (Salsola pestifer).
C.
Ragweeds (Ambrosia spp.).
D.
Lambsquarter (Chenopodium spp.).
WELL
A bored, drilled or driven shaft or a dug hole whose depth
is greater than the largest surface dimension of the hole.
YARD WASTE
Vegetative matter resulting from landscaping, land maintenance
and land-clearing operations.
All solid waste generated within or brought into the County
is owned by and is the responsibility of the generator until such
time as the waste is deposited in a landfill or approved solid waste
facility or removed by a licensed private contractor, except where
state or federal requirements prohibit transfer of ownership. Any
person who removes solid waste from a property shall take ownership
of the waste until it is taken to a convenience center, transfer station,
or landfill.
Requirements for vehicles. Commercial producers of solid waste,
owners of premises upon which solid waste is accumulated, licensed
transporters of solid waste, or persons who desire to dispose of waste
material which is not included in the definition of "solid waste"
shall do so only in compliance with the provisions of this chapter.
Collection of solid waste shall be accomplished through the use of
a vehicle with a tightly secured cover. Such vehicles shall be operated
to prevent offensive odors escaping therefrom and solid waste from
being blown, dropped, or spilled.
It is hereby declared to be the intention of the Board of County
Commissioners that the sections, paragraphs, sentences, clauses and
phrases of this chapter shall be deemed severable; and if any phrase,
clause, sentence, paragraph or section of this chapter is declared
unconstitutional or otherwise invalid by the valid judgment of a court
of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections hereof.
This chapter shall be recorded in a book kept for that purpose
and shall be authenticated by the signature of the County Clerk.
This chapter shall take effect 30 days after recording in the
public records of Otero County.