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)
There is hereby established a county solid waste collection
district within the unincorporated county area, as shown on exhibit
A to this subchapter.[1]
(Ordinance 2016-04, sec. 5, adopted 5/31/16)
[1]
Editor’s note–Said exhibit is included as an attachment
to this chapter.
(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)
