[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County 9-11-2001 by Ord. No. 197-01.
Amendments noted where applicable.]
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:
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.
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."
Any person, individual, firm, partnership, corporation, company,
society, association, cooperative and every officer, agent or employee
thereof.
An individual or entity who or which produces liquid waste,
including residential, commercial, industrial, or public operations.
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]
