This subchapter shall be cited as the “residential solid waste and recycling collection and reporting ordinance” and is referred to herein as “the subchapter” or “this subchapter.”
(Ordinance 2016-04, sec. 1, adopted 5/31/16)
This subchapter is enacted pursuant to NMSA 1978, sections 4-37-1 (1975), 4-37-3, 4-56-1 through 4-56-3 (1967), and the county solid waste and recycling management Ordinance 2014-10 [sec. 50.01 et seq.].
(Ordinance 2016-04, sec. 2, adopted 5/31/16)
The definitions set out in Ordinance 2014-10 [sec. 50.01 et seq.] shall apply to this subchapter. In addition:
The Santa Fe County Board of County Commissioners.
The county solid waste collection district established by this subchapter.
The Caja del Rio Landfill, Buckman Road Recycling and Transfer Station, and such additional disposal sites as may be identified by the director and posted on the county public works department’s website.
The county public works department director.
Recyclable materials other than glass.
A commercial solid waste hauler, as defined in Ordinance 2014-10 [sec. 50.01 et seq.].
Everywhere within the county, including the collection district, located outside the boundaries of an incorporated municipality.
(Ordinance 2016-04, sec. 3, adopted 5/31/16)
(A)
Except for new developments as provided in the county sustainable land development code, Ordinance 2015-11 [title XV, exhibit A], it is neither necessary nor appropriate at this time to impose upon county residents mandatory solid waste collection by the county or county contractors. Residents of the county should be able to continue [to] use their preferred SW haulers or to dispose of the non-hazardous solid waste they generate at solid waste facilities.
(B)
SW haulers providing curbside collection of solid waste to residences within the county solid waste collection district established by this subchapter can also reasonably provide curbside collection of recyclables.
(C)
Solid waste and recyclables should be delivered to solid waste facilities.
(D)
SW haulers engaged in business within the unincorporated county area should be registered and licensed by the county in accordance with Ordinance 1992-3 [sec. 110.01 et seq.], as amended.
(E)
SW haulers should report certain information, data and statistics to the director to assure that the county has accurate information regarding solid waste collection and disposal within the county and to aid in the enforcement of all county ordinances governing solid waste.
(Ordinance 2016-04, sec. 4, adopted 5/31/16)
(A)
On or before November 1, 2016, all SW haulers who provide curbside residential refuse collection services to customers within the collection district shall also, as part of such service, collect recyclables in containers separate from refuse containers; provided, however, that the public works director may grant extensions to SW haulers of up to two (2) months on a case-by-case basis for good cause shown. The following requirements shall apply to the collection of recyclables by SW haulers:
(1)
SW haulers shall collect refuse and recyclables from their customers in separate containers as part of a single bundled service for a single price. Refuse collection services shall not be offered, provided, or priced separately from collection of recyclables. For residential service, SW haulers are strongly encouraged to offer at least two different-sized refuse containers with corresponding different rates to encourage waste minimization and recycling. Different-sized and different-priced refuse containers will also act as an incentive for customers to keep their monthly collection costs as low as possible by utilizing the lower-priced, smaller refuse container.
(2)
SW haulers shall provide their customers with one or more containers for their recyclables. The containers shall have a minimum total volume of 60 gallons.
(3)
SW haulers shall collect recyclables from their curbside customers at least once every other week and deliver the recyclables to the Buckman Road Recycling and Transfer Station in accordance with section 50.57 of this subchapter.
(4)
SW haulers shall provide customers with clear, uniform instructions regarding the hauler’s requirements for curbside recyclable collection, which shall not be unreasonably burdensome. Upon determining that a hauler’s instructions are unreasonable, the director may require the hauler to modify the instructions.
(B)
The director may provide written guidance to SW haulers regarding the collection of recyclables, not inconsistent with this subchapter, which shall be mailed to SW haulers and posted on the county public works department website. SW haulers shall comply with the director’s written guidance.
(C)
SW haulers that use a front-loading truck and a single refuse collection container having a minimum volume of 1.5 cubic yards are exempt from this section of this subchapter.
(Ordinance 2016-04, sec. 6, adopted 5/31/16; Ordinance 2016-7 adopted 10/28/16)
(A)
The director is authorized to require any SW hauler to provide information, data, and documents to the director regarding the hauler’s operations and services within the unincorporated county area, including but not limited to the following:
(1)
Number of customers.
(2)
Number of employees.
(3)
Map(s) of service territories.
(4)
Rates.
(5)
Methods of collection.
(6)
Types of collection containers.
(7)
Disposal tonnages regarding refuse and recyclable materials.
(8)
Identification of solid waste facilities to which refuse and recyclables were delivered.
(9)
Compliance with federal, state, and local laws.
(B)
SW haulers shall provide the director with requested information, data, and documents within sixty (60) days of receiving the request from the director.
(C)
The director may establish semiannual reporting requirements for all SW haulers, not inconsistent with this subchapter, which the director shall mail to all SW haulers and post on the public works department’s website.
(Ordinance 2016-04, sec. 7, adopted 5/31/16)
SW haulers shall deliver all refuse that they collect within the collection district to a county- identified disposal site. SW haulers shall deliver all recyclables that they collect from their customers in containers separate from customers’ refuse containers to the Buckman Road Recycling and Transfer Station. All recyclables delivered to the Buckman Road Recycling and Transfer Station shall be disposed of in the appropriate recycling area at the station. No SW hauler shall dispose of refuse or recyclables collected within the collection district except in accordance with this subchapter.
(Ordinance 2016-04, sec. 8, adopted 5/31/16)
(A)
A SW hauler shall be deemed to be “engaging in business” within the meaning of Ordinance 1992-3 [sec. 110.01 et seq.], as amended, if the hauler collects solid waste within the unincorporated county area, regardless of whether the SW hauler maintains an office within the unincorporated county area.
(B)
All SW haulers engaging in business within the unincorporated county area must have a valid, existing business registration permit issued by the county treasurer in accordance with Ordinance 1992-3 [sec. 110.01 et seq.], as amended.
(C)
Beginning on October 1, 2016, no SW hauler shall engage in business within the unincorporated county area except in accordance with a valid, existing business license issued to the SW hauler by the county treasurer in accordance with Ordinance 1992-3 [sec. 110.01 et seq.], as amended.
(Ordinance 2016-04, sec. 9, adopted 5/31/16)