§ 8.04.047. Unlawful disposal—Penalty.

A.

It is unlawful for any person to set out for collection, place within any city-owned refuse container, transport to the city sanitary landfill, or otherwise dispose of a lead-acid storage battery except by delivery to:

1.

A battery retailer or wholesaler;

2.

A secondary lead smelter; or

3.

A collection or recycling facility authorized under the laws of the state of New Mexico or by the United States Environmental Protection Agency.

B.

1.

It is unlawful for any person to set out for collection, place within any city-owned refuse container, transport to the city sanitary landfill for disposal, dispose of in the city sanitary landfill or otherwise dispose of any bulk or liquid waste oil or any used internal combustion engine oil filters except by delivery to a collection or recycling facility authorized to accept waste oil or used internal combustion engine filters. The Clovis Regional Solid Waste Facility will accept non-commercial waste oil.

2.

It is unlawful for any person to:

a.

Intentionally discharge waste oil into a sewer, drainage system, septic tank, surface water or groundwater, watercourse or marine water;

b.

Directly dispose of waste oil on land;

c.

Apply waste oil to roads or land for dust suppression, weed abatement or other similar uses that introduce waste oil into the environment; or

d.

Dispose of a commercially generated used internal combustion engine oil filter in a city-owned used oil filter collection container.

C.

It is unlawful for any person to set out for collection, place within any city-owned refuse container, transport to the city sanitary landfill for disposal, dispose of in the city sanitary landfill, or otherwise dispose of any liquid paint, paint thinner or solvents except by delivery to a collection or recycling facility authorized to accept such material. The Clovis Regional Solid Waste Facility will accept non-commercial paint, paint thinner and some solvents.

D.

It is unlawful for any person to set out for collection, place within any city-owned refuse container, transport to the city sanitary landfill for disposal, dispose of in the city sanitary landfill, or otherwise dispose of any hazardous material; including but not limited to:

1.

Any poisons, acids, caustic materials, chemicals, explosives, wastes contaminated by infectious disease, radioactive waste, or dead animals.

2.

Any toxic pollutant or infectious waste as defined by NMAC 20.9.2 which requires special handling or restricted disposal.

3.

Any toxic pollutant as defined by federal regulation.

4.

Any substance designated as a hazardous material by applicable New Mexico State Law or New Mexico Environment Department regulation.

5.

Any flammable gas, explosive, flammable liquid, flammable solid, oxidizer, poison, or radioactive material as defined by federal regulation, any other explosive, pyrotechnic, flammable gas, flammable compressed gas, non-flammable compressed gas, flammable liquid, oxidizing material, and any material, poisonous gas, poisonous liquid, irritating material, material that causes diseases in humans, gas under such pressure that explosion hazard exists, radio active material, corrosive material, or liquefied petroleum gas.

6.

Any other material not authorized for disposal at the sanitary landfill under New Mexico Environment Department permit.

E.

Any person violating the provisions of this section shall, upon conviction be assessed a fine of not more than five hundred dollars, or shall be imprisoned not more than ninety days, or shall be sentenced to both such fine and imprisonment.

(Ord. 1866-2007 § 2(part), 2007; Ord. 1443-93 § 2, 1993).

(Ord. No. 1936-2010, § 3, 9-9-10).