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For the purpose of this chapter, the following terms, phrases, words, and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words used in gender text are not descriptive. The word "shall" is always mandatory and not merely directory.
ASHES: The residue from burning of wood, coal, coke, or other combustible materials.
AUTHORIZED CONTRACTOR: Any solid waste hauler who has been contracted by the city to provide solid waste hauling services.
BULKY WASTE: Used and discarded mattresses, furniture, white goods (appliances), and other waste materials other than construction debris, dead animals, prohibited materials, infectious or hazardous waste.
CITY: The city of Artesia, New Mexico.
CODE ENFORCEMENT OFFICER: The employee of the city who enforces designated portions of this code.
COLLECTION CONTAINERS: City approved receptacles, bins, roll- offs, roll-out carts, or other containers authorized by the city and utilized by generators of solid waste and/or recyclables for temporary storage during the process of collection, disposal, or recycling.
COMMERCIAL COLLECTION: Solid waste collected from any source other than from residential accounts.
COMMERCIAL HAULER: Anyone that collects or transports solid waste as a part of his business or for a fee, to include handymen and landscapers, and/or anyone who transports solid waste by use of a vehicle defined as commercial by the state or the federal government (i.e., requiring a commercial driver's license).
CONSTRUCTION AND DEMOLITION DEBRIS: Materials such as dirt, rocks/stones, concrete, masonry, bricks, mortar, asphalt, shingles, wood, etc. Residential customers producing or hauling construction debris in quantities larger than three (3) cubic yards, and commercial producers or haulers of construction debris in any quantity shall be defined as a "commercial customer" and the designated fees shall be charged for use of the city's transfer station.
DEPARTMENT: The department of infrastructure.
DIRECTOR OF INFRASTRUCTURE: The employee of the city designated to be responsible for the administration and compliance of this chapter.
DOMESTIC/RESIDENTIAL USER: Any person who uses city collection services or designated transfer station to dispose of household waste.
GARBAGE: Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.
HAZARDOUS WASTES: Solid waste that is deemed as hazardous under federal statutes, rules or regulations.
INFECTIOUS WASTE: A limited class of substances that carry a risk of transmitting disease, including, but not limited to:
A. Microbiological laboratory wastes, including clinical and stocks of infectious agents from clinical research and industrial laboratories, and disposable culture dishes and devices used to transfer, inoculate and mix cultures;
B. Pathological wastes, including human or animal tissues, organs and body parts, removed during surgery, autopsy, or biopsy;
C. Disposable equipment, gloves, instruments, utensils, and other disposable materials which require special precautions because of contamination by highly contagious diseases;
D. Blood and blood products, including waste blood, blood serum and plasma;
E. Used gloves, sharps, including used hypodermic needles, syringes, scalpel, blades, Pasteur pipettes, and broken glass; and contaminated animal carcasses, body parts and bedding, especially those intentionally exposed to pathogens in research, in the production of biological or the in vivo testing of pharmaceuticals.
LANDFILL: A New Mexico environment department (NMED) permitted landfill.
MOBILE HOME PARK: Any plot of ground upon which three (3) or more mobile homes, occupied for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodation.
PERSON/RESPONSIBLE PARTY: Any individual, firm, partnership, corporation, cooperative, association, or any other entity owning, operating, managing, leasing, controlling, or inhabiting any house, unit of residence, shop, establishment, or other premises within the corporate boundaries of the city.
PREMISES: Any property within the city corporate boundaries adaptable for human occupancy, and shall also mean, but not be limited to, business places, apartment houses, offices, theaters, hotels, residences, cafes, restaurants, eating places, tourist facilities, hospitals, schools, vacant lots, and any other places or locations within the city boundaries where solid waste accumulates.
PROHIBITED MATERIALS: Any and all materials listed as prohibited by NMED, city, state, or federal rules, regulations, or law.
QUALIFIED PHYSICALLY DISABLED RESIDENT: As determined by a physician, means a residential account where there are no residents who are physically capable of moving a residential container (roll-out) to and from the standard curbside location for collection.
RESIDENTIAL COLLECTION: Solid waste collected from premises occupied as individual residential dwellings, containing no more than four (4) families per lot, and mobile home park where the water and/or sewage service is furnished by the city and billed to the individual occupant of the mobile home.
RUBBISH: Shall include, but is not limited to, all nonputrescible solid wastes (excluding ashes), such as paper, cardboard, cans, wood, yard clippings, leaves, dirt, glass, bedding, crockery, and similar materials.
SOLID WASTE: Any discarded garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include those items excluded as solid waste by the solid waste rules adopted by the environmental improvement board of the state of New Mexico.
SOLID WASTE SUPERVISOR: The supervisor responsible for day to day operations for the solid waste department, to include the implementation of policy and procedures as instructed by the director of infrastructure.
SPECIAL WASTES: Types of solid wastes that have unique handling, transportation, or disposal requirements to assure protection of the environment and the public health and safety as defined by New Mexico solid waste rules.
TRANSFER STATION: A facility designated by the city as a disposal site for solid waste.
YARD WASTE: Grass clippings and/or leaves. (Ord. 880, 11-8-2011)