(A)   Word construction. Words used in the present tense include the future; words in the masculine include the feminine; and words in the singular include the plural.
   (B)   Definitions. For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACTS OF GOD AND OTHER CIRCUMSTANCES. Includes unusual weather, floods, epidemics, war, riots, strikes, lockouts and other industrial disturbances, or protest demonstrations.
      ASHES. The residue from the burning of wood, coal, coke or other combustible materials.
      BOARD OF COUNTY COMMISSIONERS. The Board of Commissioners of Valencia County, New Mexico.
      CLEAN FILL. Broken concrete, brick, rock, stone, glass, reclaimed asphalt pavement, or uncontaminated soil generated from construction and demolition activities. Reinforcement materials that are an integral part, such as rebar, are included. Clean fill must be free of other solid waste or hazardous waste.
      CODE ENFORCEMENT OFFICER. The person appointed by the County Commission and duly commissioned by the County Manager's office to enforce portions of this chapter.
      COMPOSTING. The process by which biological decomposition of organic solid waste is carried out under controlled conditions. The process stabilizes the organic fraction into a material that can be easily and safely stored, handled and used in an environmentally acceptable manner.
      CONSTRUCTION AND DEMOLITION (C and D) DEBRIS. Material generally considered to be water insoluble and nonhazardous in nature, including but not limited to, steel, glass, brick, concrete, asphalt roofing materials, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure project, and includes rocks, soil, tree remains, trees and other vegetative matter that normally results from land clearing. If construction and demolition debris is mixed with any other types of solid waste, it loses its classification as construction and demolition debris. CONSTRUCTION AND DEMOLITION DEBRIS does not include asbestos or liquids, including but not limited to, waste paints, solvents, sealers, adhesives or potentially hazardous materials. Construction and demolition debris is classified as commercial solid waste.
      COUNTY MANAGER. The chief administrator to the Valencia County Board of Commissioners, or his or her designee.
      COMMERCIAL SOLID WASTE. All types of solid waste generated by hotels, stores, offices, restaurants, warehouses, construction and demolition, and other non-manufacturing activities, excluding residential, household and industrial wastes.
      COMMERCIAL SOLID WASTE COLLECTION. All solid waste collection from business establishments and multiple-family dwellings with containers that are three cubic yards or larger, and any collection in a front-end loader container or dumpster.
      COMMERCIAL SOLID WASTE CONTRACTOR. Any person transporting solid waste for hire, by whatever approved means, for the purpose of transfer, processing, storing or disposing of the solid waste in a solid waste facility. The term does not include an individual transporting solid waste generated on or from one's residential premises for the purpose of disposing of it in a solid waste facility.
      CONTRACT AGREEMENT. A binding agreement between the county and any contractor/ hauler engaged in the business of collection of solid waste and/or recyclables, setting forth terms, conditions and duration of the contract as defined in §50.27 herein.
      CONTRACTOR or HAULER. A person or company permitted by the state that has entered into a contract agreement, and has been granted a permit to engage in the business of collection of solid waste and disposal services within the unincorporated areas of the county. A contractor may also be known as a commercial hauler.
      COUNTY. The area within the boundaries of the county, including privately owned lands or lands owned by the United States or the State of New Mexico, except the areas within the limits of any incorporated municipality or tribal lands.
      CUSTOMER. Any person directly benefitting from solid waste collection services as provided by this chapter.
      DISPOSE or DISPOSAL. Refers to the causing, allowing or maintaining the abandonment, discharge, deposit, placement, injection, dumping, spilling or leaking of any solid waste into or on any land or water.
      EXCLUSIVE RESIDENTIAL FRANCHISE HAULER. Refers to the company contracted by the County of Valencia through a statutory procurement process who has been afforded an exclusive franchise for residential solid waste collection services in the unincorporated areas of Valencia County.
      GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
      HAULER, Any person transporting solid waste, by whatever means, for the purpose of disposing of the solid waste in a solid waste facility, except that the term does not include an individual transporting solid waste generated on or from one's residential premises for the purpose of disposing of it in a solid waste facility.
      HAZARDOUS WASTE. Any garbage, solid waste, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining or agricultural operations, or from community activities, as regulated under Subtitle C of Resource Conservation and Recovery Act (RCRA), which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality, or an increase in serious irreversible illness, or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment, when improperly treated, stored, transported, disposed of or otherwise managed.
      HEARING EXAMINER. The County Manager or his or her designee.
      HOT WASTE. Any waste that is on fire or smoldering when delivered to the solid waste facility, placed in a collection container, or set out for collection.
      HOUSEHOLD WASTE. Any solid waste, including garbage and trash derived from households, including single and multiple residences, domiciles, campgrounds, picnic grounds and day-use recreation areas.
      INDUSTRIAL SOLID WASTE. Solid waste generated by manufacturing or industrial processes that is not hazardous waste regulated under Subtitle C of Resource Conservation and Recovery Act (RCRA). Such waste may include, but is not limited to, waste resulting from the following processes: electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals, plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
      INFECTIOUS WASTE. A limited class of substances that cany a probable risk of transmitting disease to humans, including but not limited to:
         (a)   Microbiological laboratory wastes, including cultures 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, instruments, utensils, and other disposable materials that require special precautions because of contamination by highly contagious diseases;
         (d)   Human blood and blood products, including waste blood, blood serum, and plasma;
         (e)   Used sharps, including used hypodermic needles, syringes, scalpel blades, Pasteur pipettes and broken glass; and
         (f)   Contaminated animal carcasses, body parts and bedding, especially those intentionally exposed to pathogens in research, in the production of biologicals of the "in vivo" testing of pharmaceuticals.
      LANDFILL. A solid waste facility, designed and operating in compliance with all federal, state, tribal and local requirements, that receives solid waste for disposal and includes, but is not limited to, surface, impoundment, injection well or waste pile, as these terms are defined in 40 C.F.R. 257.2 or subsequent requirements.
         (a)   MUNICIPAL LANDFILL. A discrete area of land or an excavation that receives household waste, and that is not a land application unit; MUNICIPAL LANDFILL may also receive other types of RCRA Subtitle D waste, such as commercial solid waste, nonhazardous sludge, small quantity generator waste, industrial solid waste, construction and demolition debris, and other special wastes as defined in the New Mexico Solid Waste Management Regulations. A MUNICIPAL LANDFILL may be publicly or privately owned, and may be existing, new or a lateral expansion; and
         (b)   SPECIAL WASTE LANDFILL. A landfill that receives solid waste other than household waste; this includes, but is not limited to, commercial wastes or special wastes. A construction and demolition landfill is not a SPECIAL WASTE LANDFILL.
   LITTER. Solid waste or debris found in public areas or generated while traveling in a motor vehicle.
   MOBILE HOME PARK. A community of five or more mobile homes located on one parcel of land owned by an individual or company, where individual lots are leased by the park owner.
   MUNICIPALITY. Any incorporated city, town or village, whether incorporated under general act, special act or special charter, and incorporated counties.
   OPERATOR. The person(s) responsible for the overall operation of all or any portion of a solid waste facility.
   OWNER. The property owner, whether residing on the property or not, the property being located within Valencia County and outside the corporate boundaries of municipalities.
   PERSON. Any natural person or any firm, partnership, association, corporation, company or organization of any kind.
   PREMISES. A structure, whether designed for residential or commercial use, located on any property within the county and outside the corporate limits of municipalities.
   PROCESSING. Techniques to change the physical, chemical or biological character or component of solid waste, excluding composting or transformation.
   PUBLIC PLACE. Any land owned by the community (or open to common use) such as streets, sidewalks, boulevards, alleys or other public ways, and any and all public parks, spaces, grounds and buildings.
   RECYCLABLE MATERIALS. Materials that would otherwise become solid waste if not recycled, and that can be collected, separated or processed and placed in use in the form of raw materials, products or densified, solid waste-derived fuels.
   RECYCLING. Any process by which recyclable materials are collected, separated or processed and reused or returned to use in the form of raw materials or products.
   REFUSE. Includes, but is not limited to, all putrescible and non-putrescible solid wastes (except body wastes) such as garbage, rejected or waste food, swill, carrion, ashes, dirt, slop, waste paper, trash, rubbish, waste and street clearings.
   RESIDENTIAL COLLECTION. Refuse from a single dwelling or mobile home park not otherwise classified as commercial collection.
   RESPONSIBLE PARTY. Owner of any premises, whether vacant, improved or unimproved, used primarily for either private or business purposes.
   RUBBISH. Includes, but is not limited to, all non-putrescible solid wastes (excluding ashes), both combustible and noncombustible, such as paper, cardboard, cans, wood, yard clippings, leaves, dirt, glass, bedding, crockery, and similar materials.
   SCAVENGING. The uncontrolled removal of solid waste from a solid waste facility or container.
   SOLID WASTE. Any garbage, solid waste and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial residential, mining and agricultural operations, and from community activities, but does not include:
      (a)   Drilling fluids;
      (b)   Fly ash waste;
      (c)   Waste from the extraction of ores and minerals;
      (d)   Agricultural waste;
      (e)   Cement kiln dust waste;
      (f)   Sand and gravel;
      (g)   Solid or dissolved material in domestic sewage; or
      (h)   Densified, solid waste-derived fuel or any material regulated by Subtitle C or Subtitle 1,42 U.S.C. §§ 6901 et seq., except petroleum-contaminated soils, of the Federal Resource Conservation and Recovery Act of 1976, substances regulated by the Federal Toxic Substance Control Act, 7 U.S.C. §§ 136 et seq., or low-level radioactive waste.
   SOLID WASTE FACILITY. A facility that is designed and operating in compliance with all federal, state, tribal and local requirements to accept solid waste from the public. Solid waste facilities include convenience centers, transfer stations and landfills.
   STORAGE. The accumulation of solid waste for the purpose of processing or disposal.
   TRANSFER. The handling and storage of solid waste for reshipment, resale or disposal, or for waste reduction or resource conservation.
   TRANSFER STATION. A facility, permitted or registered by the state pursuant to the Solid Waste Act, NMSA § 74-9-1 et seq.; and pursuant to the New Mexico Solid Waste Management regulations, and constructed and managed for transferring solid waste from collection trucks into long-haul trucks for transportation to disposal facilities. TRANSFER STATION may also include convenience centers.
   WHITE GOODS. Items such as inoperative refrigerators, ranges, washers, dryers, water heaters, freezers, and other large domestic and commercial appliances.
   YARD WASTE. Grass clippings, leaves, pruning and other discarded materials generated from yards, farms, gardens, parks and similar facilities.
(Ord. 2010-01, passed 5-19-2010; Am. Ord. 2017-02, passed 8-23-2017)