This subchapter may be referred to as the “County Landfill
User Fee Subchapter” and may be referred to herein as “this
chapter.”
(Ordinance 1992-09 adopted 10/13/92)
For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
Commercial hauler.
Any person that transports refuse from any person engaging
in any business activity to a county landfill.
Commercial user.
(1)
A firm, association, partnership, corporation, company or organization
of any kind or any person who engages in a business activity, either
for himself, herself or for another.
(2)
Commercial user also includes a governmental entity.
County.
The County of Santa Fe, New Mexico.
County landfill.
(1)
Any area of land which is owned, leased or operated by the county
as a place where the public is invited to come and, for a fee, to
dispose of refuse.
(2)
County landfill includes transfer stations.
Hazardous waste.
Includes, but is not limited to asbestos and asbestos products;
industrial waste products; radioactive materials; infectious materials;
petroleum-contaminated materials; combustible materials; sludge; septage;
sewerage materials; and those materials regulated by the New Mexico
Hazardous Waste Act, NMSA, sections 74-4-1 et seq., as amended.
Noncommercial user.
A natural person, but not a firm, association, partnership,
corporation, company or organization of any kind, and does not include
a natural person who is using a county landfill as part of a business
activity for himself, herself or for another.
Person.
Any natural person, firm, association, partnership, corporation,
company or organization of any kind.
Prohibited materials.
Includes, but is not limited to hazardous waste; petroleum
products; bulk liquids, as defined by the U.S. Environmental Protection
Act, Paint, Liquid Test Method 9005; and automobiles or large parts
thereof. Dead animals are prohibited from being disposed at transfer
stations, but may be disposed at the county landfill designated by
the county.
Public works director.
The county employee who is responsible for operating, maintaining
and regulating county landfills.
Refuse.
(1)
Includes, but is not limited to wastes resulting from the handling,
preparation, cooking and consumption of food; ashes; cardboard; paper;
glass; and crockery.
(2)
The definition of refuse shall be handled in accordance with section
50.33.
(3)
Appliances such as ranges; ovens; refrigerators; freezers; washing machines; and dryers are included in the definition of refuse, but the public works director may promulgate regulations regarding the disposal of tin cans; dirt; wood; waste if included in appliances, pursuant to section
50.33.
(4)
Refuse does not include hazardous waste and prohibited materials.
Resident of the county.
(1)
A natural person whose primary residence is in the county and
who does not maintain a primary residence outside of the county; and
(2)
Any other person whose primary place of doing business is within
the county. A City of Santa Fe resident is a resident of the county.
Transfer station.
A transportable container designated by the county as a refuse
receptacle.
Yard waste.
Includes, but is not limited to tree branches and other parts
of trees; leaves; grass clippings; and plant materials.
(Ordinance 1992-09 adopted 10/13/92)
(A) Every
person who uses a county landfill for the disposal of refuse shall
pay the user fee established by this subchapter.
(B) The
public works director shall collect fees as follows:
(1) All noncommercial users shall be permitted to dispose of refuse at a county landfill by obtaining a residential refuse disposal permit, pursuant to section
50.31.
(2) All commercial user shall pay a user fee per ton of refuse taken to a county landfill, pursuant to section
50.31.
(3) Noncommercial users who are senior citizens, volunteer firefighters or sheriff reserve deputies for the county shall be permitted to pay a reduced user fee for the disposal, pursuant to section
50.31, for refuse which they generate at their own residence.
(Ordinance 1992-09 adopted 10/13/92)
Employees of the county who are disposing of refuse as part
of their employment with the county are not required to pay any user
fees or to obtain any user permits, pursuant to this subchapter.
(Ordinance 1992-09 adopted 10/13/92)
The county, its employees and agents, are hereby authorized
and instructed not to accept any refuse or other material for disposal
at a county landfill:
(1) Until
the user fees for noncommercial users are paid in advance; or
(2) If the user fee for commercial users remains unpaid and delinquent, pursuant to section
50.31.
(Ordinance 1992-09 adopted 10/13/92)
All monies received under the provisions of this subchapter
shall be placed in the landfill fees account, maintained by the county
finance department.
(Ordinance 1992-09 adopted 10/13/92)
(A) Noncommercial
users.
(1) The
annual fee for noncommercial users shall be established by resolution
of the board of county commissioners.
(2) Upon
payment of the fee, a noncommercial user shall be issued, by the public
works director, a residential refuse disposal permit which shall entitle
the issuee to take refuse to a county landfill for disposal in accordance
with the operating procedures established at the site.
(3) The
residential refuse disposal permit shall be valid for one year or
for any three-month portion of any year, pursuant to regulations established
by the public works director.
(B) Commercial
users.
(1) The
user fee that commercial users shall pay shall be established by a
resolution of the board of county commissioners, based on a cost per
ton.
(2) The
resolution may also establish a rate per ton that is lower for residents
of the county than for nonresidents of the county.
(3) All
commercial users shall pay a fee of $5.00 minimum, regardless of weight,
for any refuse disposed at a county landfill.
(4) The
factor determining the residential/nonresidential rate per ton shall
be the location from which the refuse was originally taken.
(C) Senior
citizens, volunteer firefighters and sheriff reserve deputies.
The user fee for noncommercial users who are senior citizens,
volunteer firefighters of the county or sheriff reserve deputies of
the county shall be established by a resolution of the board of county
commissioners.
(D) Administrative
fee.
(1) The
public works director may charge and collect an administrative fee
to commercial users, to offset the cost of establishing and maintaining
the bookkeeping procedures for commercial users.
(2) The
administrative fee shall be established by resolution of the board
of county commissioners.
(Ordinance 1992-09 adopted 10/13/92)
(A) The public works director and those county employees he or she may designate are authorized and appointed to collect money from noncommercial users and to issue residential refuse disposal permits, in accordance with section
50.31.
(B)
(1) The
public works director shall authorize and appoint persons to collect
money for and to dispense residential refuse disposal permits to noncommercial
users.
(2) The
terms of any agreement for an appointment, including any compensation
to a dispenser, shall be approved by the public works director and
the county attorney.
(Ordinance 1992-09 adopted 10/13/92)
(A) The
county, by resolution, shall designate a site or sites where persons
shall bring yard waste for disposal.
(B) Yard
waste shall not be disposed at any other site.
(C) The
public works director may establish regulations to determine which
type or condition of appliances shall be accepted or rejected at the
county landfill for disposal.
(Ordinance 1992-09 adopted 10/13/92 Penalty, see section 50.99)
(A) When
a noncommercial user desires to use two vehicles for disposal of refuse
generated at his or her residence, he or she may produce to the county
landfill caretaker, the following two documents:
(1) His
or her paid receipt, showing that he or she purchased a residential
refuse disposal permit; and
(2) The
vehicle registration, issued by the state department of motor vehicles,
for the second vehicle that is being used to dispose refuse.
(B) The
landfill caretaker will examine the vehicle registration form and
the residential refuse disposal permit, to verify that the vehicle
is owned by the holder of the permit or that the vehicle is owned
by a family member residing at the same address as the permit holder.
(Ordinance 1992-09 adopted 10/13/92)
The county may enforce the provisions of this subchapter by
civil actions in court for the collection amounts due or for other
appropriate relief, including injunctive relief.
(Ordinance 1992-09 adopted 10/13/92)
(A) Any commercial user who is in arrears in payment of the user fee set out in section
50.25 et seq. shall be assessed reasonable penalties and interest, in the discretion of the public works director.
(B) Any person who is in violation of any provision of section
50.25 et seq. shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both the fine and imprisonment.
(C) Each
day the violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
(Ordinance 1992-09 adopted 10/13/92)