Doña Ana County, NM
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners of Doña Ana County 9-11-2001 by Ord. No. 197-01. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 179.
Hazardous materials — See Ch. 226.
Solid waste collection and disposal — See Ch. 287.
A. 
This chapter is adopted pursuant to the authority granted to Doña Ana County by the State of New Mexico, including through NMSA § 4-37-1 et seq.
B. 
Only approved liquid wastes will be allowed to be disposed of at the Doña Ana County Liquid Waste Facility (DACLWF).
C. 
This chapter shall apply to the use and operation of the DACLWF, located at the South Central Wastewater Treatment Plant in La Mesa, New Mexico, or to any similar facilities established or operated by Doña Ana County subsequent to the enactment of this chapter. Any reference herein to the DACLWF shall be deemed to include such future liquid waste disposal facilities.
[Amended 9-27-2011 by Ord. No. 235-2011]
As used in this chapter, the following terms shall have the meanings indicated:
APPROVED LIQUID WASTE
Liquid waste which has been determined to be biocompatible with the particular liquid waste disposal facility at issue by the Water Quality Bureau of the New Mexico Environment Department (NMED), and is included within the permit issued for the facility.
LIQUID WASTE HAULER
A person who has registered with Doña Ana County and been issued a permit to dispose of liquid waste at the DACLWF, also referred to herein as a "hauler."
PERSON
Any person, individual, firm, partnership, corporation, company, society, association, cooperative and every officer, agent or employee thereof.
PRODUCER
An individual or entity who or which produces liquid waste, including residential, commercial, industrial, or public operations.
TRIP MANIFEST BOOK
A record book approved by Doña Ana County for use by haulers in connection with transporting and disposing of liquid waste at the DACLWF.
[Amended 9-27-2011 by Ord. No. 235-2011]
A. 
No person shall be allowed to discharge liquid waste at the DACLWF unless the person is a liquid waste hauler. Any person desiring to receive a permit to be a liquid waster hauler shall register with the Doña Ana County Utilities Department.
B. 
Only approved liquid waste may be discharged at the DACLWF. No waste containing industrial waste, toxic waste, radiological waste, or hazardous waste as defined by the New Mexico Environment Department shall be discharged at the DACLWF.
C. 
The Doña Ana County Utilities Department may sample any hauler's load before allowing it to be discharged at the DACLWF.
[Amended 9-27-2011 by Ord. No. 235-2011]
A. 
The hauler shall be responsible for obtaining trip manifest books from the Utilities Department and for complying with all regulations for their use.
B. 
The Director of the Utilities Department has the authority to approve the form of trip manifest books, and to establish procedures for their distribution and use. Any violation of or failure or refusal to comply with a regulation for the use of trip manifest books for the DACLWF shall constitute a violation of this chapter. (See § 254-6.)
C. 
No person shall transfer blank or executed trip manifest books to any person other than a representative of the hauler to whom the trip manifest book was issued, other than to return the book to the Doña Ana County Utilities Department.
A. 
The fees and procedures for disposal of liquid waste shall be reviewed by the Utilities Department every year and, when appropriate, shall be adjusted, by resolution of the Doña Ana County Board of Commissioners. The fees for disposal of liquid waste at the DACLWF shall be as set forth in Chapter 179, Fees and Permits.
[Amended 9-27-2011 by Ord. No. 235-2011]
B. 
Monthly billings will be issued by Doña Ana County based on records of liquid waste discharge at the DACLWF. Payment shall be due within 45 days of the date of a monthly billing.
(1) 
Past-due bills will be assessed 1 1/2% per month on the past-due amount. If discharge fees for a particular hauler remain unpaid 60 days after the date of a monthly billing, the Utilities Director or an authorized representative shall have the right to suspend the hauler's permit, and to refuse to allow discharge of liquid waste by the hauler at the DACLWF.
[Amended 9-27-2011 by Ord. No. 235-2011]
(2) 
Once suspended, a permit shall not be reinstated until the hauler has paid all outstanding amounts due for discharge fees, plus a deposit. The deposit shall consist of one month's discharge fees, based upon the average discharge fees for the hauler over the previous six-month period.
(3) 
The deposit shall be held for a period of six months, and if the hauler's account becomes past due during that period, the hauler's permit shall be suspended again, and the deposit shall be credited to the past-due amount.
(4) 
If a hauler whose permit has been reinstated pays all monthly disposal fees in a timely manner for a period of six months, at the request of the hauler, the County shall credit the deposit to the hauler's account.
A. 
Any failure to comply with a requirement or regulation of this chapter, or a requirement or regulation of a procedure or regulation established by the Director of the County Utilities Department under this chapter, shall constitute a violation of this chapter.
[Amended 9-27-2011 by Ord. No. 235-2011]
B. 
No person shall falsify information in a registration application, trip manifest book, or otherwise provided pursuant to this chapter, including but not limited to information about the type and quantity of liquid waste, the date of acceptance of waste by the hauler, or the date of discharge at the DACLWF.
C. 
Pursuant to NMSA §§ 4-37-3 and 4-37-4, this chapter may be enforced by the County Sheriff or any County employee or agent authorized by the County Manager or the County Utilities Department Director to issue citations for violation of this chapter.
[Amended 9-27-2011 by Ord. No. 235-2011]
D. 
Pursuant to NMSA § 4-37-3, violations of this chapter may be prosecuted in any court of competent jurisdiction within the County, and shall be punishable as set forth in Chapter 1, General Provisions, Article III, General Penalty; except that where the violation involves the improper or illegal disposal of hazardous materials or waste in any manner other than that as provided for in the Hazardous Waste Act, the fine may be no more than $5,000.
[Amended 9-27-2011 by Ord. No. 235-2011]
E. 
In addition to the penalties set forth above, the County may seek injunctive relief against a violator, requiring him to perform or prohibiting him from performing certain conduct related to this chapter.
F. 
In addition to all other remedies or penalties, if a hauler violates a provision of this chapter, including the provisions of regulations authorized by this chapter, the Director of the Utilities Department or the Director's designee shall have the right, upon 10 business days' written notice, to terminate the hauler's permit by giving written notice 10 business days before the permit is to be terminated. The hauler shall have the right to appeal a termination of a permit to the Board of County Commissioners by submitting a written request to the Utilities Department Director or the County Manager within the ten-day notice period; an appeal shall stay the termination.
[Amended 9-27-2011 by Ord. No. 235-2011]