A. Site Designation: The city or duly authorized agent has or shall hereafter designate a site or sites for the receiving of garbage and solid waste. Any person who removes any garbage or solid waste from within the city limits shall only dispose of it in such designated site or sites. Current designated sites are Deming/Luna County transfer station and Butterfield Trail regional landfill.
B. Manner And Hours Of Disposal:
1. All garbage and solid waste deposited under the provisions of this chapter shall only be transported, received and deposited in accordance with the regulations of the city or duly authorized agent and NMED solid waste bureau regulations now or hereafter promulgated.
2. Any and all waste deposited under the terms of this section shall be the sole property of the city or duly authorized agent, which may use, dispose of, recycle or otherwise treat as it may see fit. It shall be unlawful for any person to scavenge or remove any garbage or solid waste from the site or sites after the same has been deposited, unless allowed by the city or duly authorized agent.
3. Hours for which said site or sites shall be open shall be designated by the city or duly authorized agent and the hours for which the same shall be open shall be posted in and upon said site or sites. It shall be unlawful for anyone to enter upon or deposit any waste at any time when the site or sites are not open to the public.
C. User Fees: The city shall hereafter establish a schedule of fees for deposit of special wastes at the site or sites designated. The term "special wastes" shall include:
1. Hauler Waste Which Increases Cost: Wastes from private or commercial haulers whose quantity or type of waste increases the cost of disposal.
2. Hauler Waste Originating Outside Of Luna County: Wastes from private or commercial haulers whose garbage or solid waste originates outside of Luna County.
3. Other Waste: Any other special waste charges as hereafter established by the city.
4. Permit Required To Deposit Special Waste: It shall be unlawful for any person to deposit any special waste on any site or sites of the city without first having paid the required fee and obtaining a permit, if required, for the disposal of such special waste.
5. Fees Established: Special waste fees shall be in accordance with the payment schedule set out in the table below:
Minimum Fees Effective TBD | ||||
Minimum Fees Effective TBD | ||||
Special waste fees: | ||||
Noncommercial passenger car tires - 4 or less | No fee | |||
Noncommercial passenger car tires - 5 or more | $ 2.53 per tire | |||
Commercial generated car tires | 2.53 per tire | |||
Truck and other equipment tires (BTRL only) | 13.01 per tire | |||
Large dead animals (accepted at BTRL only) | 28.90 per animal | |||
Transfer station fees: | ||||
Residential inside Luna County limits | No charge for covered load | |||
$5.00 fine per uncovered load | ||||
Residential outside Luna County limits | $ 64.23 per ton | |||
Small commercial maximum 1 ton per load | Year One (2023) | Year Two (2024) | Year Three (2025) | |
$48.77 per ton | $51.52 per ton | $54.27 per ton | ||
Butterfield Trail regional landfill: | Year One (2023) | Year Two (2024) | Year Three (2025) | |
Residential | None accepted | None accepted | None accepted | |
Commercial deliveries | $41.09 per ton | $43.68 per ton | $46.27 per ton | |
Other waste requiring special handling as determined by the public works department | $52.92 per ton | $52.92 per ton | $52.92 per ton | |
D. Negotiation Of Fees: The city of Deming may, for local government entities or projects benefiting the city, negotiate landfill fees and enter into written contracts establishing said fees. Negotiation of fees will be determined by the public works director.
E. Adjustment Of Fees: Hereafter, the adjustment of rates and fees to be charged by the city for collection and disposal of solid waste, including landfill charges, shall be pursuant to an appropriate ordinance and/or resolution adopted by the city council at a lawfully conducted meeting with prior notice regarding any proposed adjustments. Excluded items are listed under subsection D, "Negotiation Of Fees", of this section.
F. Prevention Of Litter: Waste loads entering the Butterfield Trail regional landfill or Deming/Luna solid waste transfer station shall be secured with an appropriate device such as a tarp or cover, capable of containing loose solid waste in transport and prevent solid waste from blowing off in transport. Waste loads shall also be secured or contained sufficiently that the contents do not shift during transport and fall out. If the waste load is unsecured or the cover deemed ineffective, the hauler will be assessed a fine of five dollars ($5.00) and a receipt given. If the hauler does not pay or contests the charge, a no traffic citation with notice to appear in municipal court will be issued by the designated appropriate city personnel or duly authorized agent.
G. Enforcement: The city reserves the right to provide full time enforcement specific to this title with this chapter as the primary focus for enforcement. Solid waste personnel so designated by the solid waste code enforcement officer or public works director are granted limited code enforcement powers pertaining to this chapter. The city reserves the right to refuse service to any individual, or group of individuals, that are documented repeat offenders of the rules, regulations, stipulations or provisions of this chapter.
H. Deming/Luna County Transfer Station: The city reserves the right to impose, implement and collect tipping fees at the Deming/Luna County transfer station, pursuant to an amendment to this chapter by reference of resolution.
I. Penalty: Any person violating the rules, stipulations, and/or provisions of this section shall be, upon conviction, punished as provided by section 1-4-1
of this code. (Ord. 1260, 9-29-2016; amd. Ord. 1285, 12-17-2019; Ord. 1315, 11-15-2022)