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.
Asbestos waste.
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.
Ashes.
The solid residue from the burning of wood, coal, coke or
other combustible material.
Authorized reuse area.
A posted area provided at a convenience center in which persons
may leave unwanted reusable materials.
Bagged wastes.
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.
Caja del Rio Landfill.
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.
Clean fill.
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.
Clean wood waste.
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.
Commercial solid 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.
Commercial solid waste contractor.
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.
Commercial solid waste hauler.
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.
Composting.
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.
Construction and demolition debris or C&D debris.
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.
Convenience center.
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.
Corrugated cardboard or old corrugated cardboard or OCC.
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).
County.
The area within the exterior boundaries of the county, including
privately owned lands or lands owned by the United States or the state.
Dispose or disposal.
The abandonment, discharge, deposit, placement, injection,
dumping, spilling, or leaking of any unwanted or unusable solid waste
into or on any land or water.
Dwelling or dwelling unit.
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.
Electronic waste or e-waste.
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.
Fee or fees.
The fees assessed for the use of convenience centers, in
accordance with the fee schedules specified herein.
Garbage.
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.
Generator.
Any person whose act or process produces a solid waste or
whose act first causes solid waste to be subject to regulation.
Green waste.
Yard waste, lawn clippings, leaves and tree trimmings.
Hazardous waste.
(1)
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;
(2)
Any solid, semi-solid or liquid waste so designated by the rules
and regulations promulgated pursuant to this subchapter;
(3)
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);
(4)
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.;
(5)
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;
(6)
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.
Hot waste.
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.”
Household hazardous waste or HHW.
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 medical 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.)
Household waste.
Any solid waste, garbage derived and discarded from dwelling
units, hotels, motels, public and private campgrounds, picnic grounds,
and day-use recreation areas.
Illegal dumping.
Disposal of any solid waste, recyclable material, at any
location other than at an approved solid waste facility.
Industrial solid waste.
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.
Infectious waste or regulated medical 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:
(1)
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;
(2)
Pathological wastes, including human or animal tissues, organs
and body parts removed during surgery, autopsy or biopsy;
(3)
Disposable equipment, instruments, utensils, and other disposable
materials which require special precautions because of contamination
by highly contagious diseases;
(4)
Human blood and blood products, including waste blood, blood
serum, and plasma;
(5)
Used sharps, including used hypodermic needles, syringes, scalpel
blades, Pasteur pipettes and broken glass; and
(6)
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.
Land-clearing debris.
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.
Large load.
A load of solid waste having a volume greater than 15 cubic
yards.
Litter.
Solid waste or debris along public or private roadways, rights-of-way,
trails, or paths that:
(1)
Was intentionally or unintentionally dropped or deposited by
persons; or
(2)
Fell from uncovered loads or from vehicles transporting solid
wastes, land-clearing debris, construction and demolition debris or
other materials.
Mixed papers.
Newspapers as delivered, magazines, glossy catalogs, glossy
paper, office paper, and junk mail or any combination of these materials.
Municipality.
Any incorporated city, town or village within the county,
whether incorporated under general act, special act or special charter,
and incorporated counties.
NMED.
The New Mexico Environment Department.
Open burning.
The combustion of solid waste without:
(1)
Control of combustion air to maintain adequate temperature for
efficient combustion;
(2)
Containment of the combustion reaction in an enclosed device
to provide sufficient residence time and mixing for complete combustion;
or
(3)
Control of the emission of the combustion products, such that
combustion products are released directly or indirectly into the open
air.
Operator.
The person(s) responsible for the overall operation of all
or any portion of a solid waste facility.
Owner.
The owner of real property, whether or not the owner resides
on the property.
Permit.
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.
Person.
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).
Premises.
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.
Prohibited load.
A load:
(1)
That includes prohibited material as defined herein;
(2)
From sources not authorized to use county convenience centers;
(3)
From unauthorized commercial solid waste contractors; or
(4)
That contains any other prescribed items as determined by the
county.
Prohibited materials.
(1)
Solid wastes that:
(a)
Are considered special waste under New Mexico Solid Waste Management
Regulations 20.9 NMAC;
(b)
Can cause operational problems, damage to equipment, pose health
risks to workers, and/or can have an adverse impact on the environment;
or
(c)
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.
(2)
Prohibited materials include, but are not limited to, the following
types of solid waste:
(a)
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.
(b)
Animal wastes: horse, cattle and other large animal manures,
including animal bedding mixed with large amounts of animal wastes.
(d)
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.
(f)
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.
(g)
Dead animals: whole dead animals must be delivered to Caja del
Rio landfill.
(h)
Explosives, including fireworks or other items that have the
ability to explode or ignite when exposed to an ignition source.
(l)
Infectious waste - regulated medical waste.
(o)
Liquids, including sewage, septage, and large quantities of
frying fats.
(p)
Petroleum or chemically contaminated soils.
(s)
Sewage, septage and holding tank pumpings.
(u)
Any other item as specified by federal, state or local law or
regulation or as determined by the county manager.
Public place.
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.
Putrescible waste.
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.
Recover.
Any act or process by which recyclables or reusables are
separated from the solid waste stream for reuse or remanufacture.
Recyclable material.
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.
Recycling.
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.
Refuse.
Anything putrescible or nonputrescible that is discarded
or rejected as useless or worthless. See solid waste.
Regulated appliances.
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.
Renter or tenant.
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.
Residential solid waste.
Solid waste and recyclable material generated from a site
that contains three or less dwelling units.
Responsible party.
The legal owner(s) of any premises located within the county,
whether vacant, improved, or unimproved, on which solid waste is generated
or found.
Reuse.
The return of a commodity into the economic stream for use
in the same kind of application as before without change in its identity.
Reuse area.
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.
Scavenging.
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.
Scrap metal.
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.
Scrap tire.
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.
Secured load or covered load.
Any load covered in such a manner as to prevent:
(1)
The covering or the load from becoming loose or detached;
(2)
The creation of litter; and
(3)
The load from dropping, shifting, leaking or otherwise escaping.
Septage.
The contents of a septic tank, cesspool or other residue
from an individual or public owned sewage treatment facility.
Single trip permit.
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.
Sludge.
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.
Solid waste.
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.
Solid waste facility.
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.
Source separation.
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.
(1)
Solid wastes that:
(a)
Require special handling, preparation, and/or transportation
before disposal to ensure proper operation of convenience center facilities;
and/or
(b)
Have specific regulatory requirements to ensure protection of
the environment and the public health, welfare and safety.
(2)
Special wastes include, but are not limited to, the following:
(b)
Construction and demolition debris;
(e)
Electronic waste (e-waste), which is generally not accepted
at convenience centers except on special collection days;
(f)
Household hazardous waste (HHW);
(n)
Any other material that the county may designate from time-to-time
in written policies or on signs posted at solid waste facilities.
Storage.
The accumulation of solid waste for the purpose of processing
or disposal.
Transfer.
The handling and storage of solid waste for reshipment, resale,
or disposal, or for waste reduction or resource conservation.
Tribal resident.
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.
Trip punch.
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.
|
White goods.
Large metal appliances, washers, dryers, microwaves, and
dishwashers.
Yard waste.
Vegetative matter resulting from landscaping and/or land
clearing.
(Ordinance 2014-10 adopted 11/25/14)