This subchapter may be cited as the “Solid Waste and Recycling
Management Ordinance.”
(Ordinance 2014-10 adopted 11/25/14)
The purposes of this subchapter are to:
(1)
Establish
a system of storage, collection, and disposal of all refuse generated
in the county;
(2)
Establish
a schedule of fees for a storage, collection and disposal system as
well as penalties for the violation of this subchapter;
(3)
Provide
for the safety, preserve the health, promote the prosperity and improve
the morals, order, comfort and convenience of the county and its residents;
(4)
Create
mandatory roadside solid waste collection districts and to establish
the procedures for curbside and roadside solid waste collection; and
(5)
Promote,
to the greatest extent possible, waste reduction and the reuse and
recycling of materials to further resource conservation and minimize
landfill disposal.
(Ordinance 2014-10 adopted 11/25/14)
This subchapter is enacted pursuant to the authority granted
to counties in:
(1)
NMSA
1978, section 4-37-1 to, among other things, provide for the safety,
preserve the health, promote the prosperity and improve the morals,
order, comfort and convenience of the county or its inhabitants; and
(2)
NMSA
1978, sections 4-56-1 through 4-56-3 to establish, maintain, manage,
and supervise a system of storage, collection and disposal of refuse.
(Ordinance 2014-10 adopted 11/25/14)
The following words shall have the following meanings in this
subchapter, unless the context clearly indicates or requires a different
meaning.
The words “shall” or “must” are mandatory
and not discretionary; the words “may” or “should”
are permissive.
The friable solid waste that contains more than one percent
asbestos by weight and that can, when dry, be crumbled, pulverized
or reduced to powder by hand pressure.
The solid residue from the burning of wood, coal, coke or
other combustible material.
A posted area provided at a convenience center in which persons
may leave unwanted reusable materials.
Garbage, refuse, rubbish, solid wastes, and pet wastes that
are placed in a flexible container (bag) with a single opening that
is closed and tied in a manner so as to prevent spillage or escape
of the materials during transport and prior to delivery to a convenience
center.
The board of county commissioners of the County of Santa
Fe.
See land-clearing debris.
The disposal site permitted by the New Mexico Environment
Department and operated by the county solid waste management agency,
an entity jointly created by the governments of the City of Santa
Fe and the County of Santa Fe.
A solid waste facility attendant.
Broken concrete and asphalt pavement pieces not larger than
18" x 12" x 6", brick, stone, rock, and uncontaminated soil. Clean
fill must be free of other solid wastes or hazardous waste, and the
use of this material must not create a public nuisance or adversely
affect the environment in which it is placed.
Pallets, unpainted and untreated scrap wood, and carpenter
trimmings that do not exceed 6 feet in length or 1.5-feet in width
and that do not contain nails. Clean wood waste does not include construction
and demolition wood with attached wallboard, paint, metal bracing,
or brush and tree waste.
All types of solid waste generated by hotels, stores, offices,
restaurants, warehouses, nonmanufacturing activities at industrial
facilities, sites containing four or more dwelling units, churches,
schools, recognized educational institutions or other nonresidential
solid waste generators.
Persons possessing a valid county business license or permit
retained and paid to perform services that generates solid waste and/or
that involves the processing, removal and transport of solid wastes,
including, but not limited to, construction and demolition debris
and land-clearing debris, from dwelling units, commercial establishments,
pueblos, or industries, but for whom waste collection and transportation
is auxiliary to the principal services they provide (e.g., remodeling
contractors, “handymen,” roofers, construction firms,
carpet installers, gardeners, tree services, and land-clearing contractors).
The term does not include an individual transporting solid waste generated
on or from his own, personal residential premises for the purpose
of disposing of it in a NMED approved solid waste facility.
Any person possessing a valid county business license or
permit whose primary service is to collect solid wastes or recyclable
materials from single or multiple residential dwellings, commercial
or business locations, industries or other generators of solid wastes
and transport/haul them for the purpose of disposal or recycling.
The biological decomposition of green waste and other organic
solid waste under controlled conditions to create a soil amendment
product for beneficial use as a source of nutrients, organic matter,
erosion control, or other essential constituent for a soil or plant.
Nonhazardous, uncontaminated materials resulting from the
construction, remodeling, repair, and demolition of structures, utilities,
and roads. C & D debris is generally considered water insoluble
and nonhazardous, and includes, but is not limited to: bricks, concrete,
and other masonry materials, asphalt, roofing materials, steel, glass,
pipe, gypsum wallboard and lumber. Construction and demolition debris
does not include asbestos, garbage, corrugated container board, electrical
fixtures containing hazardous liquids such as fluorescent light ballasts
or transformers, fluorescent lights, furniture, appliances, tires,
drums, containers greater than ten gallons in size, any containers
having more than one inch of residue remaining on the bottom, fuel
tanks, brush and tree remains or other vegetative material from land
clearing, uncontaminated soil, rocks, or liquids, including, but not
limited to, waste paints, solvents, sealers, adhesives or potentially
hazardous materials.
A county solid waste facility that collects solid waste or
recycling materials from residential solid waste and commercial waste
generators and consolidates solid waste and/or recycling materials
in large containers or vehicles for transfer to another solid waste
facility for disposal or additional processing.
Wood pulp based Kraft paper material that has two, usually
smooth, exterior layers and one wavy corrugated interior core, which
is used to make cardboard boxes, shipping containers, and packing
liners. Corrugated cardboard always has a corrugated middle layer
and may have shiny printing on the outside. OCC does not include wax-coated
cardboard, boxboard, cardboard with permanently attached packing materials,
cardboard contaminated with food or oils, or single layer boxboard
(e.g., cereal, shoe, gift, food boxes, and beer cartons).
The area within the exterior boundaries of the county, including
privately owned lands or lands owned by the United States or the state.
The county manager of the County of Santa Fe.
Any person residing within the county as defined herein.
The abandonment, discharge, deposit, placement, injection,
dumping, spilling, or leaking of any unwanted or unusable solid waste
into or on any land or water.
A structure, including, but not limited to, a mobile home,
or portion thereof that: (1) has bathroom and kitchen facilities permanently
installed; and (2) is used or intended to be used by a person or persons
for residential purposes. In the case of an apartment complex, each
dwelling within the complex that is or can be separately leased for
residential purposes constitutes a separate dwelling unit.
Relatively expensive and essentially durable electronic products
used for data processing, telecommunications or entertainment by private
households and businesses, including, but not limited to, computers
and related equipment and peripherals, monitors, plotters, scanners,
copiers, fax machines, entertainment electronics, VCRs, stereos, CD
players, mobile phones, personal digital assistants, and game consoles.
Electronic waste does not include televisions, electric fixtures,
small or large household appliances (e.g., washers and dryers), coffeemakers,
microwaves, toasters, or electric and electronic tools.
The fees assessed for the use of convenience centers, in
accordance with the fee schedules specified herein.
Putrescible solid waste resulting from the preparation, cooking
and consumption of food and from the handling, storage and sale of
food products and the carcasses of animals, including, but not limited
to, animal and vegetable wastes, swill, carrion, and slops. Garbage
originates primarily in home kitchens, stores, markets, restaurants
and other places where food is stored, prepared or served.
Any person whose act or process produces a solid waste or
whose act first causes solid waste to be subject to regulation.
Yard waste, lawn clippings, leaves and tree trimmings.
Any solid, semi-solid or liquid waste resulting from industrial,
commercial, mining or agricultural operations or from community activities
or other discarded material that by reason of its quality, concentration,
composition or physical or chemical characteristics may do any of
the following: cause or significantly contribute to an increase in
mortality or an increase in serious irreversible illness or incapacitating
reversible illness, or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed, or otherwise managed;
Any solid, semi-solid or liquid waste so designated by the rules
and regulations promulgated pursuant to this subchapter;
Any solid, semi-solid or liquid waste that meets any of the
Resource Conservation Recovery Act (RCRA) hazardous waste criteria
(i.e., ignitable, corrosive, reactive or toxic) or specifically listed
in 40 CFR 261 and that is not excluded from regulation as a hazardous
waste in 40 CFR 261.4(b);
Any solid, semi-solid or liquid waste that is identified as
“hazardous waste” in the Resource Conservation and Recovery
Act, 42 U.S.C. section 6901 et seq.;
Any solid, semi-solid or liquid waste that meets the definition
of or is identified as a “hazardous substance” in the
Comprehensive Environmental Response, Compensation, and Liability
Act 42 U.S.C. section 9601 et seq., as each such law and regulation
may be amended from time to time;
Any solid, semi-solid, or liquid waste that, because of its
properties, is considered hazardous waste and is required to be disposed
of at an appropriately permitted hazardous waste facility under any
analogous or succeeding federal, state, or local law, rule or regulation
or by any governmental agency or unit having appropriate jurisdiction.
Any waste that is hot to the touch, on fire, smoldering or
that may ignite once placed with other solid wastes at a solid waste
facility. Also see the definition of “ashes.”
A wide range of household products that have the characteristics
of hazardous waste including but not limited to, pesticides and herbicides,
oil based paints, liquid latex paints, stains and varnishes, automobile
fluids (e.g., antifreeze, motor oil, transmission, steering and brake
fluids, gasoline), batteries (automotive and household), pool chemicals,
hobby chemicals, darkroom chemicals. Federal law specifically exempts
household hazardous waste from regulation as hazardous waste because
of the point of generation. Because of the hazards posed by HHW, it
shall not be placed with other solid waste for disposal. See “special
waste.”
Household waste that, but for its point of generation, would
be a regulated medical waste. (e.g., used sharps, including hypodermic
needles, bloody/soiled bandages and dressings, disposable sheets and
clothing, medical gloves, dialysis machine filters, etc.)
Any solid waste, garbage derived and discarded from dwelling
units, hotels, motels, public and private campgrounds, picnic grounds,
and day-use recreation areas.
Disposal of any solid waste, recyclable material, at any
location other than at an approved solid waste facility.
Solid waste generated by manufacturing or industrial processes
that is not hazardous waste regulated under subtitle C of Resource
Conservation and Recovery Act (RCRA). Such waste may include, but
is not limited to, waste resulting from the following processes: electric
power generation; fertilizer/agricultural chemicals; food and related
products/byproducts; inorganic chemicals; iron and steel manufacturing;
leather and leather products; nonferrous metals manufacturing/foundries;
organic chemicals, plastics and resins manufacturing; pulp and paper
industry; rubber and miscellaneous plastic products; stone, glass,
clay, and concrete products; textile manufacturing; transportation
equipment; and water treatment. This term does not include mining
waste or oil and gas waste.
Any solid waste that is generated in the diagnosis, treatment
(e.g., provision of medical or veterinary services), or immunization
of human beings or animals, in research pertaining thereto, or in
the production or testing of biologicals. The term does not include
any “hazardous waste.” Includes biological products (e.g.
vaccines, cultures), blood products, body fluids, infectious wastes,
or materials soiled with these products from hospitals, clinics, nursing
homes, health maintenance organizations, doctor and dentist offices,
blood plasma centers, laboratories, veterinary practices or as specified
in 20.9 NMAC. Includes a limited class of substances that carry a
probable risk of transmitting disease to humans, including but not
limited to:
Microbiological laboratory wastes, including cultures and stocks
of infectious agents from clinical research and industrial laboratories,
and disposable culture dishes and devices used to transfer, inoculate
and mix cultures;
Pathological wastes, including human or animal tissues, organs
and body parts removed during surgery, autopsy or biopsy;
Disposable equipment, instruments, utensils, and other disposable
materials which require special precautions because of contamination
by highly contagious diseases;
Human blood and blood products, including waste blood, blood
serum, and plasma;
Used sharps, including used hypodermic needles, syringes, scalpel
blades, Pasteur pipettes and broken glass; and
Contaminated animal carcasses, body parts and bedding, especially
those intentionally exposed to pathogens in research, in the production
of biologicals or the “in vivo” testing of pharmaceuticals.
Wood pulp based unbleached or bleached papers of high strength
used for packaging, including brown paper bags.
Vegetative matter resulting from activities such as land
clearing and grubbing, utility line maintenance, seasonal, storm,
fire or disease related cleanup of trees, and brush, from residential
or commercial property or vacant land that do not exceed 18 inches
in diameter and 6 feet in length, and any wood chips generated from
such vegetative matter.
A load of solid waste having a volume greater than 15 cubic
yards.
Solid waste or debris along public or private roadways, rights-of-way,
trails, or paths that:
The act of causing litter.
Newspapers as delivered, magazines, glossy catalogs, glossy
paper, office paper, and junk mail or any combination of these materials.
Any incorporated city, town or village within the county,
whether incorporated under general act, special act or special charter,
and incorporated counties.
The New Mexico Environment Department.
Any person who is not a county resident as defined.
The combustion of solid waste without:
Control of combustion air to maintain adequate temperature for
efficient combustion;
Containment of the combustion reaction in an enclosed device
to provide sufficient residence time and mixing for complete combustion;
or
Control of the emission of the combustion products, such that
combustion products are released directly or indirectly into the open
air.
The person(s) responsible for the overall operation of all
or any portion of a solid waste facility.
The owner of real property, whether or not the owner resides
on the property.
A document, certificate, sticker and/or permit card issued
by the county authorizing a person to use county operated convenience
centers for disposal of solid waste.
A natural person or a firm, partnership, association, joint
venture, corporation, estate, trust, company, or any other legal entity
of any kind or their representative(s), agent(s), or assign(s).
An improved or unimproved parcel of land together with all
appurtenances and structures thereon, whether intended for residential
or commercial use, located within the county and outside the corporate
limits of an incorporated area.
A load:
Solid wastes that:
Are considered special waste under New Mexico Solid Waste Management
Regulations 20.9 NMAC;
Can cause operational problems, damage to equipment, pose health
risks to workers, and/or can have an adverse impact on the environment;
or
Any other solid waste that the county determines is unacceptable
for disposal, recycling or reuse at convenience centers, as the county
may specify from time to time in written policies or on signs posted
at the convenience centers.
Prohibited materials include, but are not limited to, the following
types of solid waste:
Ammunition or any items that have the ability to explode or
cause injury when run over by heavy equipment and/or when exposed
to an ignition source.
Animal wastes: horse, cattle and other large animal manures,
including animal bedding mixed with large amounts of animal wastes.
Asbestos wastes.
Automobiles and large automobile parts, automobile or equipment
lead-acid batteries, automobile parts containing or that contained
fluids or liquids (e.g., gasoline tanks). Does not include tire rims
that have been removed from tires.
Clean fill.
Construction and demolition debris, including large pieces and
large loads of concrete, roofing materials, asphalt or rock. Such
items must be delivered to Caja del Rio landfill.
Dead animals: whole dead animals must be delivered to Caja del
Rio landfill.
Explosives, including fireworks or other items that have the
ability to explode or ignite when exposed to an ignition source.
Hazardous waste.
Hot waste and ashes.
Industrial wastes.
Infectious waste - regulated medical waste.
Intact bulk containers.
Lead acid batteries.
Liquids, including sewage, septage, and large quantities of
frying fats.
Petroleum or chemically contaminated soils.
Pressurized cylinders.
Radioactive waste.
Sewage, septage and holding tank pumpings.
Sludges.
Any other item as specified by federal, state or local law or
regulation or as determined by the county manager.
Any land owned by the community (or open to common use),
such as streets, sidewalks, boulevards, alleys or other public ways
and any and all public parks, spaces, grounds and buildings.
Solid waste that contains organic matter capable of being
decomposed by microorganisms and of such a character and proportion
as to be capable of attracting or providing food for disease vectors
and/or causing offensive odors. Includes but is not limited to food,
spoiled meat, pet wastes, and soiled diapers. Wood is not considered
to be putrescible.
Any governmental or private educational institution located
in the county.
Any act or process by which recyclables or reusables are
separated from the solid waste stream for reuse or remanufacture.
Material that would otherwise be solid waste but that can
be collected, separated and/or processed, treated, reclaimed, and
placed back in use in the form of raw materials, or that can beneficially
be used or reused. The county manager shall maintain and update, as
necessary, an official list of recyclable materials based on the county’s
ability to process, market and otherwise recover said materials. The
most up-to-date recyclable materials list shall be posted on the county’s
website, at a visible location or locations at the convenience centers,
and periodically provided to convenience center users as part of a
“how to recycle” informational handout.
Any process by which recyclable materials are collected,
separated or processed and reused or returned to use in the form of
raw materials or products.
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless. See solid waste.
Any device which contains and uses a class I or class II
substance as a refrigerant and which is used for household or commercial
purposes as defined in 42 U.S.C. 7671a and regulations promulgated
thereunder; including all air conditioners, refrigerators, chillers,
or freezers, except such devices that are designed and used exclusively
for military purposes, or as specified in U.S. EPA Clean Air Act (CAA)
section 608, and 40 CFR, in subpart F. The Federal Clean Air Act prohibits
the venting or release of freon, CFC and hydrochlorofluorocarbon (HCFC)
refrigerant gases, from discarded appliances when they are disposed
or recycled.
A county resident or other person who does not own the land,
dwelling or structure in which they reside or conduct business, where
such land, dwelling, or structure is located within the county.
Solid waste and recyclable material generated from a site
that contains three or less dwelling units.
The legal owner(s) of any premises located within the county,
whether vacant, improved, or unimproved, on which solid waste is generated
or found.
The return of a commodity into the economic stream for use
in the same kind of application as before without change in its identity.
A designated, marked area at a convenience center for the
placement of unwanted materials that can reasonably be expected that
another person could take and reuse. Removing reusable items from
the reuse area is authorized and is not scavenging. Not all stations
may have reuse areas.
See solid waste.
The unauthorized searching through and/or taking of anything
from discarded solid wastes or recyclable materials located within
any area of a convenience center; provided, however, that the taking
of items from a reuse area is authorized and does not constitute scavenging.
Used or unwanted metal appliances (e.g., stoves, dryers,
dishwashers, washing machines, water heaters), pieces or sheets of
metal, metal toys, poles, bicycle frames, strapping wires, clean metal
drums with bottoms removed, metal doors, or scrap aluminum. Scrap
metal does not include plastic appliances, microwaves, televisions,
automobiles and automobile parts, e-waste, electrical wire, or regulated
appliances.
Any tire that is no longer suitable for its originally intended
purpose because of wear, damage or defect. A scrap tire does not include
a tire with a rim.
Any load covered in such a manner as to prevent:
The contents of a septic tank, cesspool or other residue
from an individual or public owned sewage treatment facility.
A permit purchased for a single trip to a convenience center.
Up to 15 cubic yards of solid waste may be disposed using a single
trip permit.
Any solid, semi-solid, or liquid waste resulting from the
treatment of wastewaters, excluding treated liquid effluent generated
from publicly or privately owned and operated municipal, commercial,
or industrial waste water treatment plant, water supply treatment
plant, or air pollution control device.
All putrescible and nonputrescible materials generated or
originating from residential, commercial, industrial, mining, or community
activities or from agricultural operations that are discarded or rejected,
whether: (1) as being spent, useless, worthless or in excess to the
owners at the time of such discard or rejection; (2) as having served
their intended use; or (3) for any other reason. Materials that are
stored and managed to facilitate their disposal, or are discarded
from one use but are accumulated for reuse elsewhere unless specifically
excluded by federal or state regulation or variance. Solid waste includes,
but is not limited to, garbage, waste food, trash, rubbish, refuse,
construction and demolition debris, and other solid or semi-solid
materials. Solid waste does not include untreated domestic sewage
or radioactive waste.
A facility that accepts solid waste from the public and that
is permitted or registered by the NMED (if required) and appropriately
zoned and approved by the board of county commissioners (if required).
Solid waste facilities include convenience centers, transfer stations,
and landfills.
The segregation of recyclables and other recoverable materials
from nonrecyclable solid waste at the point of generation for separate
placement in bins or receptacles at a solid waste facility and/or
for donations, sale or other disposition. Source separation includes
the separation of recyclables from each other if required by the county
policy. The residue remaining after recyclables are removed from the
waste stream is not considered source-separated material.
Special wastes include, but are not limited to, the following:
Ashes;
Construction and demolition debris;
Clean fill;
Clean wood waste;
Electronic waste (e-waste), which is generally not accepted
at convenience centers except on special collection days;
Household hazardous waste (HHW);
Household medical waste;
Land-clearing debris;
Motor oil;
Pet wastes;
Regulated appliances;
Tires;
Scrap metal;
Any other material that the county may designate from time-to-time
in written policies or on signs posted at solid waste facilities.
The accumulation of solid waste for the purpose of processing
or disposal.
The handling and storage of solid waste for reshipment, resale,
or disposal, or for waste reduction or resource conservation.
Any person residing on federal trust lands within the interior
boundaries of the county and within the boundaries of a federally
recognized Indian pueblo or tribe.
The unit by which a 6 and 12 trip punch permit holder’s
use of convenience centers to discard solid waste and recyclable materials
is measured and charged against their permit. A single journey to
a convenience center is not necessarily a single trip punch. Rather,
the number of trips a single journey to a convenience center equals
depends upon the volume of solid waste being discarded. The following
single journeys to a convenience center equals the number of trips
indicated:
|
Load Volume in Cubic Yards
|
Number of Trip Punches
|
|---|---|
|
Five (5) or less.
|
1
|
|
More than five (5) but not more than ten (10).
|
2
|
|
More than ten (10) but not more than fifteen (15).
|
3
|
|
In addition, regardless of the total volume of the delivered
load, the disposal of up to 4 tires requires the use of one additional
trip punch and the disposal of 5 to 8 tires requires 2 additional
trip punches.
|
Large metal appliances, washers, dryers, microwaves, and
dishwashers.
Vegetative matter resulting from landscaping and/or land
clearing.
(Ordinance 2014-10 adopted 11/25/14)
(A)
The
county manager or his/her designee is responsible for the administration
of this solid waste management subchapter.
(B)
The
county manager may delegate any or all of the administrative functions,
powers and duties specified herein to other appropriate county divisions
and departments as deemed necessary to carry out the requirements
of this subchapter.
(C)
The
county manager shall establish rules and regulations to carry out
the intent and purpose of the subchapter, shall establish policies
and procedures for operations, the billing and collection of service
fees, administrative enforcement actions and appeals and grievances.
(D)
The
county manager shall recommend fees to the board of county commissioners.
Fees other than those provided for in this subchapter or changes to
the fees provided for in this subchapter shall be adopted by amending
this subchapter. The county manager shall establish policies and procedures
for billing and collection of service fees.
(E)
The
county manager shall have the authority to delay or refuse the use
of convenience center services and collection services for failure
to comply with this subchapter or the rules and regulations promulgated
pursuant to it. The county manager may take legal action to collect
fees owed the county pursuant to this subchapter.
(F)
The
county manager may initiate studies for the need, location, and operation
of facilities to recover material or energy from solid waste or improved
or additional collection services and to implement programs to achieve
resource recovery and other studies which will benefit management
of solid waste in the county.
(G)
This
subchapter empowers the county manager to address special wastes,
encourage recycling and waste minimization, and maintain quality standards
and educational support of comprehensive solid waste management.
(H)
Upon
the recommendation of the county manager and approval of the board
of county commissioners by ordinance, the county may regulate the
activities of commercial solid waste haulers, including, but not limited
to, by imposing solid waste and recycling reporting requirements,
licensing requirements, establishment of exclusive and nonexclusive
service areas, and service area fees.
(I)
In the
event of an emergency condition, the county manager may waive or modify
the requirements of this subchapter without regard to any procedures
or guidelines promulgated under this subchapter. In that event, the
county manager shall immediately notify the board of county commissioners
of the requirements of this subchapter that were waived or modified
as well as the circumstances and duration of the emergency condition.
(J)
The
county manager shall establish grievance policies and procedures.
(Ordinance 2014-10 adopted 11/25/14)
(A)
Authority
to collect, transport and dispose of solid waste.
Except as otherwise provided herein, all solid waste accumulated in areas indicated in subsection (D) below shall be collected, conveyed, and disposed of by the county or any of its authorized contractors in accordance with this subchapter and state and federal regulations to the extent authorized by law. The exclusive authority of the county to collect, convey and dispose of solid waste does not extend to nonresidential recyclables, dead animals, construction and demolition debris, hazardous waste and other such materials which the county is prohibited by law from collecting or disposing. The mandatory collection shall go into effect as indicated by the board of county commissioners when it establishes the fees for that service. No person shall collect, convey on any of the streets or alleys of the county, or dispose of any solid waste accumulated in the county, except as herein provided. The county manager shall have the authority to establish procedures concerning the days of collections, type and location of collection, conveyance, and disposal as necessary and to change and revoke same. Except as otherwise provided herein, all solid waste accumulated in the county outside of the areas indicated in subsection (D) below shall be collected and conveyed to an approved disposal site by the solid waste generator, authorized commercial solid waste contractor or commercial solid waste hauler in accordance with this subchapter and state and federal regulations. Approved disposal sites include Caja del Rio land facility, county convenience centers or other NMED solid waste facilities.
(B)
Handling
of solid waste by others.
Subsection (A) of this section shall not prohibit the actual producers of solid waste or the owners of premises upon which solid waste has accumulated from personally collecting, conveying and disposing of such solid waste. The producers or owners shall comply with the provisions herein, and with any other applicable law or ordinances which regulate the disposal of solid waste, and shall pay all applicable collection fees, whether the solid waste collection service is utilized or not.
(C)
Interference
with collection.
It shall be unlawful for any person
to interfere with county employees or authorized county contracted
collection service employees, while in the performance of their duties,
as authorized by this subchapter and any applicable regulations.
(D)
Table
and map.
|
ROUTE NAME
|
ROUTE NUMBER
|
|---|---|
|
Country Club Estates
|
|
|
Fairly Road
|
|
|
Calle de Vencejo
|
|
|
Calle Zanate
|
|
|
Calle Chupa Rosa
|
|
|
Calle Tangara
|
|
|
Jimenez Subdivision
|
|
|
Morning Drive
|
|
|
Morning Street
|
|
|
Morning Lane
|
|
|
Town and Country Subdivision
|
|
|
Camino Jalisco
|
|
|
Calle VeraCruz
|
|
|
Durango Drive
|
|
|
Rancho de la Luna Subdivision
|
|
|
Florence Road
|
|
|
Barton
|
|
|
Prince Road
|
|
|
Remuda Ridge Subdivision
|
|
|
North Chapparral
|
|
|
Reata Road
|
|
|
Chalan Road
|
|
|
Camino Charro
|
|
|
Calle Prado
|
|
|
South Chapparral
|
|
|
Chalan Way
|
|
|
Other Roads
|
|
|
Mutt Nelson Road
|
48G
|
|
Mutt Nelson Road
|
46G
|
|
Country Club Road
|
61
|
|
|
61A
|
|
Jemez Road
|
61B
|
|
Camino de los Lopez
|
61E
|
|
Caja del Oro Grant
|
62
|
|
Mimbres Ln
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64A
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Rodeo Ln
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64B
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Agua Fria & San Felipe
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66
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Agua Fria Street
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56A
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Camino Carlos Rael
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70C
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Quail View Ln
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104
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Academy Rd
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Alamo Rd
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Arapaho Rd
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Arrowhead Ct
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Arrowhead Ranch Rd
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Ash
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Ash St
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Aspen Lp
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Avenger Way
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Avenida Christina
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Avenida De Lemonia
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Avenida Juliana
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Avenida Sonrisa
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Baca Ln
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Baca Ranch Ln
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Barton Rd
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Beech
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Bella Dr
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Berch
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Birch St
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Borrego Pass
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Boylan Cir
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Boylan Country Rd
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Boylan Ln
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Brazos River Rd
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Buffalo Grass Rd
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Calle belinda
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Calle Chuparosa
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Calle Cisco
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Calle Corazon
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Calle Corazzi
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Calle Daniel
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Calle Inez
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Calle Jenah
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Calle Dryshana
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Calle Larranaga
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Calle Lazo Errante
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Calle Lema
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Calle Maes
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Calle Maria Luisa
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Calle Norte
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Calle Nueva Vista
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Calle Pico
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Calle Po Ae Pi
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Calle Prado
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Calle Tangara
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Calle Unidad
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Calle Vencejo
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Calle Zanate
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Caminito Quintana
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Camino Cementerio
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Camino Charro
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Camino De Vaca
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Camino De Viento
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Camino Hinojo
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Camino Juliana
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Camino Mio
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Camino Tierra Real
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Camino Vista Verde
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Cedar
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Charley Bendley Dr
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Cheyenne Cir
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Cole Ct
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Commerce Pl
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Constellation Dr
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Coriander Rd
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Corte Ct
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Cottonwood Dr
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Country Club Garden
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Country Club Rd
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Coyote Ln
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Cree Cir
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Cree Ct
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Crouch Ct
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Cuatro Vientos
|
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Cypress St
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Dail Cir
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Dominguez Ln
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Dos Hermanos
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E Gateway Dr
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E Prince Rd
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Elk Horn Rd
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Elm St
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Fair Way
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Fairly Rd
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Fields Ln
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Geo Ln
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Gooney Bird Way
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Grandpas Ranch Rd
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Green Way
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Gunnison Rd
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Hernandez Ln
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Hickory St
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Highland Way
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Jaguar Lp
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Jaramillo Ln
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Jardin Ln
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Jon Kim Ln
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Kachina Lp
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Kates Way
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KSK Ln
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La Carrera
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La Jara Rd
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La Vela Rd
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Las Cuatro milpas
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Laurens Ln
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Locust St
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Lucia Ln
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Luciander Rd
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Lugar De Jose
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Luna De Miel
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Luna Y Sol
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Madison Rd
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Mallard Way
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Maple
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Maple St
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Mora Ln
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Muscat Dr
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Mucle Car Ln
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My Way
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N Platte Rd
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Nelson Lp
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New Mexican Plaza
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Nicholas Pl
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Nix Ln
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Nova Rd
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Oak
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Old Airport Rd
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Olive
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Olive St
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Oliver Rd
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Painted Pony Cir
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Panda Ln
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Paseo De La Reina
|
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Paseo De Margarita
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Paseo Del Rey
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Paseo Del Sol
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Paseo Feliz
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Peach
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Pine
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Placita Real Lp
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Placita Verdad
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Platte Rd
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Plaza La Prensa
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Plum
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Poplar St
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Prairie Dog Lp
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Print Farm Rd
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Pueblo Quemado
|
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Raven Ridge Dr
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Rayon Dr
|
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Rays Corner
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Redwood St
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Ridgeline Dr
|
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Rivera Cir
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Rivera Ln
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Riverside Lp
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Roadrunner Ct
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Roadrunner Ln
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Rosewood St
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Sagebrush Rd
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Sandy Creek Rd
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Santa Fe Rd
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Santeros Rd
|
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Saratoga Ln
|
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Scott Pl
|
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Senda Corvo
|
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Senda Corvo Ct
|
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Slier Rd
|
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Sin Pena Park
|
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Snow Blossom Rd
|
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South Meadows Road
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Sundance St
|
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Sunchine Way
|
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Sycamore Lp
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Tobasco Ln
|
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Thomas Ct
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Thomas Rd
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Vereda De Valencia
|
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Vicente Leyba
|
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Village Way
|
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Vista De Cristo
|
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Vista Del Norte
|
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Vuelta Real
|
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Vuelta Ventura
|
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W Gateway Dr
|
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W Prince Rd
|
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Walnut St
|
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Willy Rd
|
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Wolfcreek Rd
|
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Yucatan
|
|
 |
 |
 |
 |
(Ordinance 2014-10 adopted 11/25/14)
(A)
Solid
waste not collected curbside or roadside.
(1)
Separation of solid waste.
In order to be accepted at
county convenience centers, garbage, ashes, constructions and demolition
debris, land-clearing debris, scrap metal tires, waste oil, and recyclable
materials shall be separated and prepared in accordance with this
subchapter and policies posted on the county’s website and at
the county’s convenience centers.
(2)
Residential solid waste.
Residential solid waste shall
be bagged and shall be free of liquids. Burned residential solid waste
shall not be accepted. Large loads of residential solid waste shall
not be accepted.
(3)
Land-clearing debris and clean wood.
Waste shall be
cut to a length of six feet or less, and shall not have a diameter
greater than 18 inches. Stumps shall not be delivered to the county
convenience centers. Land-clearing debris and clean wood waste must
be delivered to designated convenience centers and unloaded in accordance
with posted rules and regulations.
(4)
Scrap tires.
Used vehicle tires shall be accepted from
private residents only. Rims must be removed prior to delivery. Each
household shall be permitted to dispose of (8) tires per month. Under
no circumstances will tires with rims attached be accepted.
(5)
Recyclable material.
All recyclable materials must be
appropriately prepared and placed in recycling bins, areas or tanks
as posted at county convenience centers or instructed by county convenience
center personnel. Placing recyclable material in refuse bins or areas
destined for landfill disposal is prohibited.
(6)
E-waste.
E-waste shall be source separated from other
solid waste. E-waste may only be delivered at special e-waste collection
events, or taken to a county identified e-waste reuse or recycling
facility.
(7)
Household hazardous waste.
Household hazardous waste
should be used up according to label instructions. Household hazardous
wastes are not accepted at convenience centers. Rather, household
hazardous wastes must be source separated from other solid waste,
stored in the original containers, and taken to a household hazardous
waste collection facility.
(8)
Household medical waste.
Household medical waste may
be placed in with residential solid waste. Used sharps (e.g., hypodermic
needles) must be placed in an approved sharps container or a thick-walled
strong plastic bottle with a tight fitting lid (e.g., a laundry soap
bottle) prior to disposal with bagged residential solid waste. Used
sharps may not be placed in soda bottles, milk jugs, or other thinned
walled containers. Under no circumstances shall used sharps be placed
in recyclable bottles in the recyclable bin, as they can cause injury
to workers.
(9)
Scrap metal/white goods.
Residential white goods such
as washers, dryers, dishwashers, etc., are considered recyclable materials.
White good and scrap metals shall not be placed in with solid waste
for disposal. These items will be accepted as a no charge item at
all convenience centers that are identified as accepting scrap metal.
Regulated appliances are not white goods.
(10)
Regulated appliances.
Shall be accepted at no charge
if Freon or other coolant has been removed prior to delivery and the
appropriate CFC removal verification sticker is attached. Regulated
appliances that do not have an affixed CFC removal verification sticker
will not be accepted.
(11)
Motor oil.
Motor oil shall not be mixed with other solid
wastes. Motor oil shall be delivered in leak-proof containers with
secure lids and placed in a storage area or in collection containers
as directed by a caretaker. Motor oil shall be collected from private
residents only. A maximum of five (5) gallons of motor oil will be
accepted per visit.
(12)
Ashes.
Hot ashes will not be accepted at county convenience
centers. Cold ashes are those that are held at least 24 hours prior
to delivery to a county convenience center, and shall be accepted.
Cold ashes shall not be placed in with other solid waste for disposal,
but, rather shall be placed in a designated ash container as directed
by a caretaker.
(13)
Prohibited materials.
Prohibited materials shall not
be delivered to any county convenience center.
(14)
Large loads.
Large loads will not be accepted at convenience
centers.
(15)
Covered loads.
All loads delivered to solid waste facilities
shall be covered or secured. Failure to cover or secure loads will
subject the violator to an additional charge and/or citation.
(B)
Solid
waste collected curbside or roadside.
(1)
Separation of solid waste.
Garbage, ashes, recyclable
materials, and other materials as directed, shall each be placed and
maintained in separate containers.
(2)
Preparation of solid waste.
All garbage shall be free
of liquids before being placed in garbage containers for collection.
(3)
Duty to maintain containers in sanitary condition.
Solid
waste containers shall be maintained in good condition. Any container
that does not conform to the provisions of this subchapter shall be
promptly replaced or collection may be denied. The county shall not
be responsible for damage to enclosures or containers that are not
designed or constructed in accordance with standards adopted by the
county manager or any contractor responsible for solid waste collection
on behalf of the county. Service may be suspended if enclosures or
containers are in a state of disrepair which may cause unsafe conditions
for the individuals collecting the solid waste.
(4)
Collection of ashes and hot waste.
For at least 24 hours
prior to the scheduled time of collection, ashes shall be cold. Cold
ashes may then be placed at the collection point at the specified
time and in appropriate containers so as not to ignite or smolder.
(5)
Commercial solid waste containers.
(a)
Commercial establishments, multiple-family dwellings and multiple
single-family residential units utilizing a single container shall
be required to furnish appropriate containers.
(b)
No person shall deposit ashes, hot waste or other materials susceptible
to spontaneous ignition into any combustible container, or place the
same within ten feet of any combustible materials, except containment
in metal or other noncombustible containers. Placement of containers
shall comply with the New Mexico Fire Code or other applicable codes.
(6)
Residential solid waste containers.
(a)
Solid waste shall be enclosed in commercially available plastic bags
or containers for residential collection. The containers must conform
to contractor collection specifications, or to specifications promulgated
by the county manager. All containers must be tightly secured so as
to prevent solid waste from being scattered, blown or spilled. Sharp
or extremely heavy materials will be placed in disposable containers
other than plastic bags. Tree trimmings and similar solid waste suitable
for bundling will be tied in bundles not to exceed 4 feet in length,
2 feet in diameter and 40 pounds in weight. Plastic bags shall be
of sufficient strength so as not to tear with normal handling at maximum
capacity. Recyclables shall be separated from other solid waste. Bags
shall not exceed 50 pounds. Containers shall not exceed 200 pounds.
Broken glass, cactus plants and other sharp objects shall be picked
up only if placed in separate nonplastic bags or containers and labeled
accordingly. Needles shall be placed in a puncture proof container
with a screw top lid. Tree limbs and plant cuttings shall be tied
in bundles no longer than 4 feet and shall not exceed 40 pounds.
(b)
Residents shall keep all solid waste within private property away
from public view until such time as it is placed curbside or roadside
for pickup. Residential solid waste in bags shall only be placed curbside
or roadside for collection between 6:00 a.m. and 8:00 a.m. on the
day of scheduled pick up, and if in a container, shall be placed out
for collection no later than 8:00 a.m. on the regularly scheduled
day but no sooner than 5:00 p.m. the evening prior to collection.
(c)
Residential solid waste, when served by curbside or roadside collection,
shall be placed as close to the curb or roadway as possible and in
a location clear from vehicular traffic, and shall not prohibit pedestrian
movement. Solid waste shall be clearly visible and accessible for
collection, and free from any obstructions (including but not limited
to trees, shrubbery, walls, fences, and vehicles). Containers must
be a minimum of 3 feet from any other object, including refuse bags,
so that collection equipment does not get damaged and collection employees
do not get injured. The county manager shall have the authority to
designate the solid waste collection sites. Failure to ensure accessibility
to the containers may result in collection being discontinued until
such time as accessibility issues are addressed by the resident.
(d)
Residents who fail to comply with these requirements shall be responsible
for storing their solid waste until their next regular collection
day, or disposing of it at an approved disposal facility.
(e)
Bags of solid waste shall be securely tied to avoid spillage. Cleaning
of any spillage that occurs, even within public right-of-way, as a
result of improperly bagged or secured solid waste or due to entry
by animals shall be the responsibility of the resident.
(7)
Prohibited materials.
Residents are prohibited from
placing for collection at the curbside or roadside: solid waste listed
as special waste by the New Mexico Solid Waste Management Regulations
(20 NMAC 9.1 700–711); items that can cause operational problems
or damage to equipment; items that pose health risks to workers or
adverse impacts on the environment; furniture; mattresses; large tree
limbs; tires; engine parts; large household appliances; unbundled
trees or other large items.
(8)
Modified
curbside and roadside collection shall be available for residents
with disabilities, including entry onto the property or into residential
units to remove containers of solid waste from porches, portals and
garages. Residents with disabilities which restrict the resident’s
ability to place solid waste at the curbside or roadside are eligible
for modified service. Procedures for obtaining modified service shall
be established by the county manager.
(Ordinance 2014-10 adopted 11/25/14)
Until such time as the solid waste is taken to a convenience
center or an NMED approved solid waste facility or removed by a licensed
private contractor, all solid waste generated within the county is
owned by and is the responsibility of the licensed private contractor
or, should the licensed private contractor fail to remove the solid
waste from the responsible party’s property, the responsible
party. A licensed private contractor who removes solid waste from
a property shall take ownership of the solid waste until it is taken
to a convenience center or an NMED approved solid waste facility.
The licensed private contractor of the refuse or responsible party
shall certify that the refuse complies with environmental regulations
for household or commercial waste. In the event the refuse is determined
to be hazardous or not appropriate for disposal at a convenience center,
the county reserves the right to assess the licensed private contractor
or responsible party with the costs of processing and disposal of
the refuse.
(Ordinance 2014-10 adopted 11/25/14)
(A)
Collection
points.
(1)
The
county will establish and maintain solid waste and recycling convenience
centers at such places with such hours as it may determine to be expedient
from time to time. At the time of passage of this subchapter, the
county maintains the collection centers described below:
|
Convenience Center
|
Location
|
Community
|
|---|---|---|
|
Nambe
|
NM 503
|
Chimayo/Nambe
|
|
Jacona
|
NM 502
|
Pojoaque/Jacona
|
|
Tesuque
|
NM 592
|
Tesuque/Chupadero
|
|
San Marcos
|
CR 42
|
Cerrillos/Galisteo
|
|
Eldorado
|
US 285
|
Eldorado/Hondo
|
|
Stanley
|
CR 17A
|
Stanley/Edgewood
|
|
La Cienega
|
CR 54B
|
La Cienega/La Cieneguilla
|
|
Rancho Viejo Recycling Center
|
Avenida Del Sur
|
Rancho Viejo
|
(2)
Changes
in the number or location of convenience centers shall not require
amendment to this subchapter.
(B)
Mandatory
collection services.
The board of county commissioners
shall designate service areas of the county for phased-in service
by mandatory solid waste collection services, including collection
of recyclables. The services may include curbside and roadside collection,
area solid waste collection on other types of collection procedures
deemed appropriate for the area by the county manager for residential
collection.
(C)
Frequency
of solid waste collection.
(1)
Residential solid waste collection.
Solid waste accumulated
by residences shall be collected at such times and frequency as deemed
necessary by the county.
(2)
Commercial solid waste collection.
Hotels, restaurants,
other establishments and businesses, institutions, multiple-unit dwellings
and multiple single-family dwellings receiving commercial solid waste
collection service, as deemed necessary may enter into an agreement
for greater frequency of collection.
(3)
No
solid waste collection vehicles shall collect solid waste within 200
feet of a school site within one-half hour of school opening or closing
for the day.
(D)
Limitations
on quantity.
(1)
Residential solid waste collection.
In areas designated
for mandatory curbside or roadside collection services, the county
shall collect the solid waste of each residence during a collection
period for the standard charge.
(2)
Commercial solid waste collection.
Any excess solid
waste accumulation that is not contained in a container is prohibited.
The solid waste must not exceed the container capacity and the solid
waste container lid must be closed at all times except when disposal
is occurring. Any excessive accumulation as determined by the county
manager may require a special collection at an additional fee.
(E)
Special
and hazardous waste.
(1)
Infectious waste.
Infectious waste, including wearing
apparel, bedding, solid waste or other infectious or contagious material
from homes, hospitals nursing homes, or other places where highly
infectious or contagious diseases have prevailed, shall not be placed
in containers for regular collection. The producers of such solid
waste shall immediately notify the county manager who shall provide
technical assistance on proper collection and disposal of such material,
at the expense of the owner or resident possessor thereof.
(2)
Hazardous waste.
Hazardous waste shall not be collected,
transported, or disposed of unless in full compliance with local,
state and federal regulations regarding transportation and disposal.
Hazardous waste materials shall not be placed in containers for regular
collection and disposal. The producers or possessors of such material
shall immediately notify the county manager who shall provide technical
assistance on the proper collection and disposal of such material
at the expense of the resident, owner or possessor thereof. The county
further reserves the right to prohibit the disposal of hazardous waste
within the unincorporated areas of the county.
(F)
Collection
by commercial producers.
(1)
Requirements for vehicles.
The commercial producers
of solid waste, the owners of premises upon which such 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 subchapter. Such collection shall be accomplished through
the use of a vehicle with a tightly secured cover. Such vehicles shall
be operated to prevent offensive odors and solid waste from being
blown, dropped, leaked or spilled.
(2)
Disposal.
Disposal of solid waste by persons so permitted
shall be made at a solid waste facility site. If disposal of solid
waste occurs in the county, compliance with the county land use ordinances
and regulations, county solid waste management authority regulations
and policies, and other local land use policies shall occur. The county
may continue to own and operate convenience centers for the collection
of solid waste. Such facilities shall be regulated by separate provisions
adopted and revised from time to time by the board of county commissioners.
(3)
Rules and regulations.
The county manager shall develop
rules and regulations concerning individual collection or disposal
for approval by the board of county commissioners.
(4)
Applicable fees.
Nothing herein shall be construed to
exempt such resident, producers or owners from the fees required within
mandatory service areas.
(G)
Change
between residential and commercial collection service.
The county manager shall establish guidelines for determining and
allowing a change between residential and commercial solid waste collection
service as part of the rules and regulations to be developed pursuant
to this subchapter. The guidelines shall be approved by the board
of county commissioners.
(Ordinance 2014-10 adopted 11/25/14)
The following types of solid wastes are prohibited at any county
convenience center. It shall be a violation of this subchapter for
any persons to deliver or attempt to deliver such solid wastes to
a county convenience center:
(1)
Any
type of solid waste regulated as a “special waste” under
20.9 NMAC.
(2)
Regulated
medical waste.
All regulated medical wastes must be properly
“red bagged” and handled by a licensed medical waste hauler.
The producer shall be responsible for the proper disposal of regulated
medical waste.
(3)
Hazardous
waste.
Hazardous waste shall not be collected, transported
or disposed of unless in full compliance with local, state, and federal
regulations regarding transportation and disposal. The producers or
possessors of such material shall immediately notify the county, who
shall provide technical assistance on the proper collection and disposal
of such material. In doing so, however, the county shall not assume
responsibility for the proper collection disposal of such material.
(4)
Any
prohibited material, as defined herein.
(5)
Large
loads, as defined herein.
(Ordinance 2014-10 adopted 11/25/14)
In addition to any other act prohibited under this subchapter, the following acts are prohibited. Violators may be cited and if convicted, punished in accordance with section 50.12 of this subchapter.
(1)
Permit
abuses.
Obtaining a permit under false pretenses, using
a permit for other than its authorized purposes, the unauthorized
transfer of a permit to another person, or the counterfeiting of permits.
(2)
Uncovered
loads.
Transporting and delivering uncovered/unsecured
loads.
(3)
Unbagged
loads.
Transporting and delivering unbagged wastes that
are required to be bagged under this subchapter.
(4)
Preparation
requirements.
Not properly preparing or disposing of material as specified in section 50.07, “solid waste preparation requirements,” of this subchapter.
(5)
Unauthorized
locations/after hours disposal.
Disposal of wastes at
unauthorized locations within a convenience center. Leaving waste
at a convenience center after hours.
(6)
Prohibited
materials.
Delivery and disposal or the attempted delivery
or disposal of prohibited materials.
(7)
Hazardous
waste.
Delivery and disposal or the attempted delivery
or disposal of hazardous waste in any manner other than as provided
for in the Hazardous Waste Act. NMSA 1978, 74-4-1, et seq.
(8)
Misuse
of recycling bins/areas.
Disposal of nonrecyclable solid
wastes, refuse, or garbage in recycling bins or in recycling areas.
(9)
Scavenging.
(10)
Interference
with caretakers.
Interfering with, harassing, or assaulting
a caretaker or other county employee work at a convenience center.
(11)
Illegal
dumping.
(12)
Accumulation
of C&D debris.
Debris resulting from construction
or demolition of structures may be collected within an active construction
site only if the solid waste is contained in such a manner that it
will not be carried or deposited by the elements upon any street,
sidewalk, parkway, sewer, ditch, arroyo, other public place, vacant
lot, or into any premises within the county.
(13)
Open
burning.
Open burning of solid waste is prohibited within
the county, provided, however that the burning of certain types of
yard waste pursuant to a validly issued permit from the county fire
marshal shall not constitute prohibited open burning.
(14)
Accumulation
of solid waste.
It shall be unlawful to allow any solid
waste to unreasonably collect or accumulate on any lot or other premises
within the county.
(15)
Posted
policies.
Failure to follow written or posted policies
and procedures concerning the disposal of solid waste or recycling
of recyclable material at convenience centers.
(16)
Improper
disposal of recyclable materials.
Disposing of recyclable
materials in refuse bins or other containers intended for landfill
disposal is prohibited.
(Ordinance 2014-10 adopted 11/25/14)
(A)
Authorized
enforcement officers.
The county sheriff and the sheriffs
deputies, the solid waste compliance officer, and county code enforcement
officers (collectively, “authorized enforcement officers”)
are hereby authorized to enforce this subchapter by issuing notices
of violation and citations and/or by taking administrative action,
such as confiscating a permit or revoking convenience center privileges,
when such action is authorized herein and subject to the policies
and procedures promulgated hereunder.
(B)
Advisory
warning.
Prior to taking formal enforcement action via
a notice of violation or issuance of a citation for violation of this
subchapter, an authorized enforcement officer, at the officer’s
discretion, may issue a written advisory warning, the purpose of which
is to educate the offender of the specific requirements and purpose
of the provision of this subchapter that was violated and warn the
offender that formal enforcement action may be taken for future violations.
Advisory warnings may also be issued by county staff that is not an
authorized enforcement officer.
(C)
Notice
of violation.
Any person who violates any provision of
this subchapter may be issued a notice of violation or citation. The
decision whether to issue a notice of violation or citation is a matter
within the discretion of the authorized enforcement officer.
(D)
Compliance
dates.
Any person who receives a notice of violation
shall have the period specified in the notice of violation to complete
the acts specified and/or to achieve compliance with the requirement
cited. A notice of violation may set forth different compliance dates
for each respective violation cited or specified. Failure to remedy
the violations cited or complete the acts specified within the time
frames set forth in a notice of violation will result in the issuance
of a citation.
(E)
Citation.
An authorized enforcement officer may institute a criminal prosecution
for the violation of this subchapter by issuing a citation charging
the violation.
(F)
Inspection.
An authorized enforcement officer may make such inspections
as are reasonably necessary to the enforcement of this subchapter.
All portions of vehicles and containers used to haul, transport, or
dispose of solid waste and recyclable materials shall be subject to
inspections to ascertain compliance with this subchapter, as well
as rules, regulations, and policies promulgated hereunder.
(G)
Burden
of proof.
In the event any person’s name or other
identification is affixed or found on any illegally disposed of solid
waste, such evidence shall constitute prima facie evidence and presumptive
proof of a violation of this subchapter. In such case, the burden
of proof to establish a nonviolation of this subchapter shall be on
such person.
(H)
Schedule
of penalties.
|
Section Violated
|
1st Offense
|
2nd Offense
|
3rd and Subsequent Offenses
|
|---|---|---|---|
|
Section 50.11(1) Permit abuses
|
Confiscation of permit and loss of privilege of the involved
person(s) to use convenience centers for one year. If citation is
issued and person charged is found guilty, the criminal penalty shall
be a fine of up to $300.00 and/or up to 2 days imprisonment.
|
Confiscation of permit and loss of privilege of the involved
person(s) to use convenience centers for one year. If citation is
issued and person charged is found guilty, the criminal penalty shall
be a fine of up to $300.00 and/or up to 7 days imprisonment.
|
Confiscation of permit and loss of privilege of the involved
person(s) to use convenience centers for three years. If citation
is issued and person charged is found guilty, the criminal penalty
shall be a fine of up to $300.00 and/or up to 14 days imprisonment.
|
|
Section 50.11(2) Uncovered loads
|
Assessment of two (2) additional trip punches and/or issuance
of citation. If citation is issued and person charged is found guilty,
the criminal penalty shall be a fine of not less than $50.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $100.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $100.00 nor more than $200.00
|
|
Section 50.11(3) Unbagged loads
|
Advisory warning, assessment of one (1) additional trip punch,
and/or issuance of citation. If citation is issued and person charged
is found guilty, the criminal penalty shall be a fine of not less
than $25.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $50.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $100.00.
|
|
Section 50.11(4) Preparation requirements
|
Advisory warning or issuance of citation. If citation is issued
and person charged is found guilty, the criminal penalty shall be
a fine of not less than $50.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $75.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $100.00 nor more than $200.00 for
each violation.
|
|
Section 50.11(5) Unauthorized locations/after hours disposal
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $100.00 nor more than $300.00 and/or
up to 30 days imprisonment.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $200.00 nor more than $300.00 and/or
up to 60 days imprisonment.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $300.00 and/or up to 90 days imprisonment.
|
|
Section 50.11(6) Prohibited materials
|
Confiscation of permit and loss of privilege to use convenience
centers for one year. If citation is used and person charged is found
guilty, the criminal penalty shall be a fine of not more than $100.00
and/or up to 90 days imprisonment.
Possible referral to state or federal authorities for possible
additional action under state or federal law.
|
Confiscation of permit and loss of privilege to use convenience
centers for two years. If citation is issued and person charged is
found guilty, the criminal penalty shall be a fine of not more than
$200.00 for each violation and/or up to 90 days imprisonment.
Referral to NMED for possible additional action.
|
Confiscation of permit and loss of privilege to use convenience
centers for two years. If citation is issued and person charged is
found guilty, the criminal penalty shall be a fine of not more than
$300.00 and/or up to 90 days imprisonment.
Referral to NMED for possible additional action.
|
|
Section 50.11(7) Hazardous wastes
|
Confiscation of permit and permanent loss of privilege to use
convenience centers. If citation is issued and person charged is found
guilty, the criminal penalty shall be a fine of not less than $5,000.00
and/or 90 days imprisonment.
Referral to NMED for possible additional action under state
law.
|
Same as first offense.
|
Same as first offense.
|
|
Section 50.11(8) Misuse of recycling bins/areas
|
Advisory warning or issuance of citation. If citation is issued
and person charged is found guilty, the criminal penalty shall be
a fine of not less than $50.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $50.00 nor more than $100.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $75.00 nor more than $200.00.
|
|
Section 50.11(9) Scavenging
|
Advisory warning or issuance of citation. If citation is issued
and person charged is found guilty, the criminal penalty shall be
a fine of not less than $50.00.
|
If citation is issued and person charged is found guilty, the
criminal penalty shall be a fine of not less than $50.00 nor more
than $100.00 for each violation.
|
If citation is issued and person charged is found guilty, the
criminal penalty shall be a fine of not less than $100.00 nor more
than $250.00.
|
|
Section 50.11(10) Interference with caretakers
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $100.00 nor more than $300.00 and/or
30 days imprisonment.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $200.00 nor more than $300.00 and/or
30 days imprisonment. In addition, the defendant shall be banned from
convenience centers for not less than one (1) year.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $300.00 and/or 90 days imprisonment.
In addition, the defendant shall be permanently banned from convenience
centers.
|
|
Section 50.11(11) Illegal dumping
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $300.00 nor more than $500.00 and/or
60 days imprisonment.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $500.00 nor more than $1,000.00 and/or
60 days imprisonment.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $500.00 nor more than $1,000.00 and/or
90 days imprisonment.
|
|
Section 50.11(12) Accumulation of C&D debris
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $25.00 nor more than $50.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $75.00 nor more than $100.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $100.00.
|
|
Section 50.11(16) Improper disposal of recyclable materials
|
Advisory warning or issuance of citation. If citation is issued
and person charged is found guilty, the criminal penalty shall be
a fine of not less than $25.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $50.00 nor more than $100.00.
|
Upon conviction after issuance of a citation, the criminal penalty
shall be a fine of not less than $75.00 nor more than $200.00.
|
|
A violation of this subchapter for which penalties are not specified
above shall be subject to criminal penalties of a fine of not less
than $50.00 nor more than $300.00 and/or 30 days imprisonment.
|
(Ordinance 2014-10 adopted 11/25/14)
(A)
Use
of convenience centers.
Except for the recycling of recyclable material, as provided in an agreement approved by the board of county commissioners, on free solid waste disposal days authorized by resolution of the board of county commissioners pursuant to subsection (C) of this section, and for county operations as determined by the county manager, disposal of solid waste at convenience centers requires the payment of service fees, through the purchase and use of permits or bag tags. The recycling of recyclable material is free and does not require a recycling permit. Solid waste fees are adopted herein and shall be updated and amended, as necessary, by ordinance, adopted by the board of county commissioners. Disposal of residential and commercial solid waste is covered by the same service fees.
(1)
Solid waste service fees.
(a)
Solid waste permits consist of a 12 trip punch permit, 6 trip punch
permit, 3 trip punch permit, 1 trip permit, and bag tags. Solid waste
permits do not expire. Permits must be obtained and purchased in advance
of use at the convenience centers and are nonrefundable.
(b)
Bag tags: Each bag tag is good for the disposal of up to 30 gallons
of solid waste.
(c)
County residents and businesses residing outside of incorporated
areas may purchase all types of solid waste permits.
(d)
County residents residing within incorporated areas may only purchase
a 1-trip permit.
(e)
Low income discount: Convenience center patrons with an adjusted
gross income less than $24,000.00 on their most recent federal income
tax return shall be entitled to a $5.00 reduced fee for the 6-trip
punch permit and a $10.00 reduced fee for the 12-trip punch permit.
(f)
Low income, senior citizen, or veteran discount: Convenience center
patrons shall be entitled to a $5.00 reduced fee for the 6-trip punch
permit and a $10.00 reduced fee for the 12-trip punch permit if:
1.
They have an adjusted gross income less than $24,000.00 on their
most recent federal income tax return;
2.
They are 65 years of age or older; or
3.
They are veterans, as verified by the United States department of
defense DD form 214 of release or discharge from active duty with
an honorable discharge or of service-disabled veteran status by the
department of veterans affairs.
|
In no event shall a convenience center patron be eligible for
more than one reduced fee. For example, a convenience center patron
who qualified for both the senior and veteran discount and wanted
to purchase a 6-trip punch permit would be entitled to a $5.00 reduced
fee only.
|
(3)
This
amendment shall not have any impact or effect on trip punch permits,
trip permits, and bag tags purchased prior to the effective date of
this amendment.
(B)
Mandatory
service areas.
(1)
Service
fees for collection of solid waste in designated mandatory service
areas shall be established and periodically updated by amendment to
this subchapter. When curbside and roadside pickup is performed by
the City of Santa Fe, the fees for collection shall be those charged
to the same class of customer within the City of Santa Fe, including
applicable administrative fees. The resident or property owner shall
be responsible for payment of fees for collection services within
designated mandatory service areas. Reasonable deposits may be required
of any customer when the county deems it appropriate.
(2)
The
board of county commissioners authorizes any contracted waste collection
provider to bill and collect service fees if such billing is provided
for in the contract for waste collection services between the county
and the waste collection provider.
(3)
The
board of county commissioners may establish a low income reduced fee
in designated mandatory service areas. Qualified persons must have
an annualized gross income that is no greater than 80 percent of the
area median family income for the county as determined from time to
time by the U.S. Department of Housing and Urban Development.
(4)
Commercial service fees.
Hotels, restaurants, other
establishments and businesses, institutions, and multiple-unit dwellings
and multiple single-family dwellings receiving commercial solid waste
collection service in a designated service area shall pay service
fees based on the type and frequency of service and the volume of
the solid waste container.
(5)
Starting and stopping service; credit.
All premises
included in designated mandatory collection areas shall be charged
solid waste collection fees except as provided herein:
(a)
Previously unoccupied residences.
New homes will begin
receiving billing for services upon issuance of a certificate of occupancy.
It shall be the duty of the builder, contractor, or agent to notify
the county in writing at the time of the sale.
(b)
Vacant residential premises.
Residential premises which
become vacant shall continue to receive charges unless said unoccupied
premises meet all the following conditions:
1.
Premises are unoccupied for a period of 60 consecutive days or more;
2.
Premises is receiving residential (and not commercial) collection
services;
3.
The customer’s premises are vacant of all occupants for the
entire period of suspension;
4.
A written request for service suspension is received by the county
ten days prior to the beginning of suspension. The request shall include
date of departure and expected return date.
a.
Written request should be mailed to the county as provided by the
rules and regulations established by the county manager.
b.
Telephone requests will not be honored.
c.
If solid waste is found at the premises during temporary suspension
of service and it is determined said solid waste was generated by
lawful occupants of the premises, the resident or customer may be
billed in arrears for the entire suspension period. All charges are
on a full month basis and shall not be prorated.
(c)
Vacant commercial premises.
Commercial premises located
in a designated mandatory collection area, which become vacant, shall
continue to receive charges until proper written application to stop
charges is approved by the county. The owner, tenant, lessee, manager,
or occupant shall make such written application to the county solid
waste management program.
(d)
Credit or back charge adjustments may be made retroactive; however,
such adjustments shall not exceed a period of 4 years.
(e)
Any false statement made within any application or request pursuant
to this section constitutes a violation of this subchapter.
(6)
Payment.
All charges for solid waste collection services
within mandatory collection areas shall be payable to the county and
will become delinquent 15 days following the date stated on the customer’s
utility statement.
(7)
Penalty.
A penalty of 18 percent per annum may be imposed
on all delinquent accounts and assessed on a monthly or quarterly
basis.
(8)
Responsibility of payments, liens and deposits.
(a)
The charges provided for herein are the personal responsibility of
the owner of the property served.
(b)
The county may file a lien on such property for such unpaid charges
including any interest or penalties accruing on same.
(c)
In the event the property is sold, the original owner shall notify
the county as provided herein, the date of the transfer of title and
the name and address of the new owner.
(d)
Reasonable deposits may be required of any customer when the county
manager deems it appropriate.
(9)
Legal remedy.
The county shall have a right to proceed
for collection of such unpaid charges in any manner allowed by law.
(C)
Free solid waste disposal days. The board of county commissioners may from time to time authorize by resolution the disposal of solid waste without the paying of service fees required by subsection (A) of the solid waste and recycling management ordinance under the conditions set forth herein. Any resolution authorizing the free disposal of solid waste shall specify:
(1)
The
day(s) on which solid waste may be disposed of without paying service
fees;
(2)
The
type(s) of solid waste that may be disposed of without paying service
fees;
(3)
The
facilities at which specified solid waste may be disposed of without
paying service fees, including the location of any roll-off bins which
may be place at a designated location within the county for use on
the specified day without paying service fees;
(4)
Limits
(if any) on the amount of specified solid waste that may be disposed
of without paying service fees; and
(5)
Such
other terms and conditions on the free solid waste disposal days as
the board of county commissioners may determine to be necessary or
proper.
(Ordinance 2014-10 adopted 11/25/14; Ordinance 2018-7, sec. 2, adopted 10/30/18; Ordinance 2018-7, sec. 3, adopted 10/30/18; Ordinance 2020-3 adopted 3/31/20; Ordinance
2022-04 adopted 6/28/2022; Ordinance 2022-08 adopted 11/15/2022)
Where any act in violation of this subchapter threatens the
public health, welfare, or safety, the county may seek from a court
of competent jurisdiction a restraining order or injunction requiring
the abatement of such violation. Such injunctive relief shall be in
addition to and not in lieu of any other remedy or penalty authorized
in this subchapter or under law.
(Ordinance 2014-10 adopted 11/25/14)
A person violating this subchapter is responsible for all damage
caused to convenience centers or the county equipment as a result
on the violation. The county may recover such damages from the violator
in a lawsuit brought in a court of competent jurisdiction or as court
ordered restitution and such recovery is in addition to and not in
lieu of any other remedy or penalty authorized in this subchapter
or under law.
(Ordinance 2014-10 adopted 11/25/14)
