Chapter 13.12 SOLID WASTE MANAGEMENT

The terms, phrases, words and their derivations contained in this chapter have the following meanings, unless the context requires otherwise, or unless another meaning is ascribed to the term, phrase or word in another section in this chapter:

“Ashes” means the residue from the burning of wood, coal, coke or other combustible materials.

“Board” means the board of county commissioners of Humboldt County, Nevada, or its appointed representative.

“City” means the city of Winnemucca, County of Humboldt, State of Nevada.

“Compacted solid waste” means solid waste which has been packed into a receptacle by mechanical force or pressure such that the receptacle holds more solid waste by weight than would the same volume receptacle hold if the solid waste were not packed by mechanical force or pressure.

“Construction and demolition waste” means waste produced in the course of construction, remodeling or demolition of buildings, roads, sidewalks, and other structures, such as lumber, concrete pieces, metal scraps, pipe, wire, bricks, glass, duct work, and wallboard pieces, and includes waste matter.

“Contractor” means any person operating the landfill with the consent of the board and council.

“Council” means the Winnemucca, Nevada, city council or its appointed representative.

“County” means the County of Humboldt, State of Nevada.

“Disposal site” has the meaning ascribed to it in NRS 444.460, and includes the Humboldt County regional landfill.

“District” means the Humboldt County solid waste management district, as described in HCC 13.12.030.

“Garbage” means putrescible animal and vegetable wastes resulting from the handling, storage, sale, preparation, cooking and serving of food.

“Hazardous waste” has the meaning ascribed to it in NRS 459.430.

“Household waste” means any solid waste, including garbage, trash and sanitary wastes, derived from households, including single- and multiple-family residences, hotels, motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds and recreation areas used during the daytime.

“Humboldt County regional landfill” means the Humboldt County regional landfill located on Winnemucca Mountain Road north of Winnemucca as more particularly described in HCC 13.12.040.

“Industrial solid waste” has the meaning ascribed to it in NAC 444.585.

“Landfill” means the Humboldt County regional landfill.

“Landfill committee” means any committee appointed by the board and council to consider and deal with matters relating to the district.

“Loose solid waste” means solid waste which has not been packed by mechanical force or pressure.

“Medical waste” has the meaning ascribed to it in NAC 444.589.

“NAC” means the Nevada Administrative Code as such regulations existed on June 7, 1995.

“NRS” means Nevada Revised Statutes.

“Nuisance” means anything which is injurious to health, offensive to the senses, or an obstruction to the free use of property, and thus interferes with the comfortable enjoyment of life or property.

“Operator” means the county or any other person designated by the board and council and responsible for the overall operation of the landfill.

“Other use” means and includes any use of improved real property not defined in this chapter as residential and includes but is not limited to multiple residential, commercial, industrial and any other use of improved real property.

“Person” means any individual, partnership, firm, corporation, trust or state or federal agency.

“Putrescible” means capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors or gases.

“Refuse” has the meaning ascribed to it in NAC 444.610.

“Regulated medical waste” has the meaning ascribed to it in NAC 444.589.

“Rubbish” means nonputrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste, such as wood, leaves, dead trees, branches of trees, chips, shavings, sawdust, yard clippings, grass, paper, cardboard, woodenware, printed matter, boxes, rags, straw, bedding, grass, tin cans, crockery and similar materials.

“Salvaging” means the controlled removal of material from the solid waste stream for reuse, sale or recycling.

“Scavenging” means the uncontrolled removal of material from the solid waste stream for any purpose in a manner which interferes with the safe, efficient operation of the system.

“Septage” means any waste material, including sewage and sewage sludge, derived from septic tanks, sewage disposal systems, portable facilities for temporarily holding sewage, recreational vehicle sewage dump stations and similar sources of sewage.

“Single residential use” includes each single-family dwelling including a townhouse, whether detached or not, and each mobile home and each residential unit in a duplex, condominium complex or apartment complex, whose use does not exceed one cubic yard of waste per week.

“Solid waste” means all putrescible and nonputrescible refuse in solid or semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and industrial waste, but not including hazardous waste.

“Special waste” means any type of waste material, garbage, refuse, rubbish or waste matter requiring special handling.

“Waste matter” means natural soil, earth, sand, clay, gravel, loam, manure, stones, bricks, plaster, cement and all other noncombustible materials.

“Wet garbage” means any combination of refuse and garbage which contains greater than fifty percent moisture. (Ord. 2-5-96 § 1.1; Ord. 6-7-95 § 1.1)

13.12.060 Disposal unlawful except at landfill.

It is unlawful for any person to store, collect, transport, dump, spill, throw, place, bury or dispose of in any other manner any solid waste or any deleterious or offensive substances in or on any parcel of land, lot, street, highway, gutter, or in any alley or in any water or stream or in any waterway, canal or ditch, or in any other place within the district other than the landfill, or other approved facility or disposal site. (Ord. 6-7-95 § 1.1)

13.12.070 Unlawful accumulation of waste materials.

It is unlawful for any person, including owners or occupants of buildings, lots or premises in the district to suffer, allow or permit to collect, accumulate and remain upon any lot, premises, field, yard or upon any public highway, public road, street, alley or sidewalk or other public place adjacent thereto, whether owned or occupied by such person or not, any solid waste. The allowing or permitting to remain any solid waste by any person, after having been warned to remove the same, shall be prima facie evidence that such allowing or permitting was intentional and not negligent; provided, however, that this provision shall not be construed as interfering with building or construction performed under a duly issued and valid building permit, or wood neatly piled for kitchen or household use. It is unlawful for any person to place ashes in any receptacle other than one constructed entirely of metal. (Ord. 6-7-95 § 1.1)

13.12.080 Chemical and other hazardous waste.

It is unlawful for any person to store, collect, accumulate, transport, dump, spill, throw, place, bury or dispose of in any other manner any chemical or other hazardous waste in any place or location other than at a site approved by the State of Nevada Department of Conservation and Natural Resources Division of Environmental Protection. (Ord. 6-7-95 § 1.1)

13.12.085 Waste not allowed at landfill.

A. From and after the date that the State of Nevada, Department of Conservation and Natural Resources, Division of Environmental Protection no longer permits acceptance of septage waste at the landfill, such septage waste shall not be accepted at the landfill. (Ord. 12-03-01 § 1.1)

13.12.090 Garbage for feed/wet garbage.

Any person accumulating wet garbage or garbage suitable for feeding to animals and keeping such garbage separate from all other solid waste, shall store, collect, accumulate and transport such garbage in equipment that is staunch, tight and closely covered so as to wholly prevent leakage and smell, and it is unlawful for any person to store, collect, accumulate and transport any such garbage in equipment that is not of the type as to wholly prevent leakage and smell. (Ord. 6-7-95 § 1.1)

13.12.100 Garbage cans/rollaway carts.

Every owner, lessor, tenant, lessee or occupant of any private dwelling house, and the owner, lessor or keeper of every hotel, restaurant, eating house, boarding house or other building where meals are furnished, and the operator of every furnished flat or apartment house or other multiple dwelling establishment, and every other person having solid waste in the district, shall provide without expense to the county and/or city, and shall keep at all times within the building or adjacent thereto, or on the lot on which the building is situated, suitable and sufficient watertight cans, rollaway carts or receptacles with suitable bales or handles having a tight-fitting cover, for receiving and holding without leakage, or escape of odors, all solid waste which would ordinarily accumulate on the premises in one week’s time unless otherwise disposed of or picked up at more frequent intervals, and all solid waste shall be placed in such receptacles. Cans or receptacles for solid waste shall each have a capacity of not less than ten gallons nor more than thirty-seven gallons. Rollaway carts shall each have a capacity of not more than one hundred gallons and shall be capable of being picked up by mechanical means. (Ord. 6-7-95 § 1.1)

13.12.110 Other receptacles.

Every owner, tenant, lessee or occupant of every private dwelling house, and the owner or keeper of every hotel, restaurant, eating house, boarding house, apartment house, multiple-dwelling establishment, or other building where solid waste not suitable for garbage cans or rollaway carts will accumulate in the district, shall provide a suitable receptacle. Excepting commercially available dumpsters and vehicle-drawn carriers, no other receptacles shall, with its contents, weigh more than seventy-five pounds. All boxes or other bulky articles must be broken up and placed in the receptacle. The landfill committee shall be the exclusive judge of the sufficiency of such other receptacles. All receptacles for the receiving and holding of solid waste matter shall be kept in a clean and sanitary condition by the owner and person using the same, and said receptacles shall be kept tightly covered at all times, except when solid waste is being deposited therein or removed therefrom. (Ord. 6-7-95 § 1.1)

13.12.120 Receptacles to be accessible.

All cans and receptacles for the receiving and holding of all solid waste matter in the district shall at all times be located in such places to be readily accessible for removing and emptying the matter therefrom, but they shall not be placed within the limits of any street or alley where they will become a public nuisance or in any degree offensive. In all cases of disputes or complaints arising from or concerning the place where such receptacles shall be placed while awaiting removal of their contents, the landfill committee shall forthwith designate the place, and their decision shall be final. (Ord. 6-7-95 § 1.1)

13.12.130 Assessments.

There shall be at least one assessment for each waste-generating use on every premises or improved real property located within the district. The moneys collected from the assessments shall be maintained in a separate fund and shall be used to support construction, improvement, operation and maintenance of the district landfill and for any other purpose related to the collection and disposal of solid waste within the district. Interest from the separate landfill fund shall be allocated to the landfill fund. Penalties collected for failure to timely pay assessments shall be allocated to the separate landfill fund. (Ord. 2-5-96 § 1.2; Ord. 6-7-95 § 1.1)

13.12.140 Residential use assessment.

Each single residential use, not exceeding one cubic yard of solid waste per week, shall be assessed at the following rates:

A. Prior to July 1, 2006, five dollars per month per unit.

B. Commencing July 1, 2006, and ending June 30, 2007, five dollars and seventy-five cents per month per unit.

C. Commencing July 1, 2007, and ending June 30, 2008, six dollars per month per unit.

D. Commencing July 1, 2008, and ending June 30, 2009, six dollars and twenty-five cents per month per unit.

E. Commencing July 1, 2009, and continuing thereafter, six dollars and fifty cents per month per unit. (Ord. 5-15-06 § 1; Ord. 6-7-95 § 1.1)

13.12.150 Other use assessments.

Except as otherwise provided herein, all other uses in the district shall be assessed at the following rates:

A. Loose solid waste excepting construction and demolition waste, and any other type of solid waste for which a prescribed fee has not been set, shall be assessed at the following rates:

1. Prior to July 1, 2006, two dollars and fifteen cents per cubic yard.

2. Commencing July 1, 2006, and ending June 30, 2007, two dollars and sixty-five cents per cubic yard.

3. Commencing July 1, 2007, and ending June 30, 2008, three dollars and fifteen cents per cubic yard.

4. Commencing July 1, 2008, and ending June 30, 2009, three dollars and sixty-five cents per cubic yard.

5. Commencing July 1, 2009, and continuing thereafter, four dollars and fifteen cents per cubic yard.

B. Construction and demolition (C & D) waste and other special waste shall be assessed at the following rates:

1. Prior to July 1, 2006, five dollars per cubic yard.

2. Commencing July 1, 2006, and ending June 30, 2007, five dollars and fifty cents per cubic yard.

3. Commencing July 1, 2007, and ending June 30, 2008, six dollars per cubic yard.

4. Commencing July 1, 2008, and ending June 30, 2009, six dollars and fifty cents per cubic yard.

5. Commencing July 1, 2009, and continuing thereafter, seven dollars per cubic yard.

C. Compacted solid waste shall be assessed at the following rates:

1. Prior to July 1, 2006, six dollars and forty-five cents per cubic yard.

2. Commencing July 1, 2006, and ending June 30, 2007, six dollars and ninety-five cents per cubic yard.

3. Commencing July 1, 2007, and ending June 30, 2008, seven dollars and forty-five cents per cubic yard.

4. Commencing July 1, 2008, and ending June 30, 2009, seven dollars and ninety-five cents per cubic yard.

5. Commencing July 1, 2009, and continuing thereafter, eight dollars and forty-five cents per cubic yard.

D. Regulated medical waste shall be assessed a twenty dollars per occurrence fee and at the following rates:

1. Prior to July 1, 2006, nine dollars per cubic yard.

2. Commencing July 1, 2006, and ending June 30, 2007, nine dollars and fifty cents per cubic yard.

3. Commencing July 1, 2007, and ending June 30, 2008, ten dollars per cubic yard.

4. Commencing July 1, 2008, and ending June 30, 2009, ten dollars and fifty cents per cubic yard.

5. Commencing July 1, 2009, and continuing thereafter, eleven dollars per cubic yard.

E. Asbestos shall be assessed twenty dollars per occurrence fee and at the following rates:

1. Prior to July 1, 2006, nine dollars per cubic yard.

2. Commencing July 1, 2006, and ending June 30, 2007, nine dollars and fifty cents per cubic yard.

3. Commencing July 1, 2007, and ending June 30, 2008, ten dollars per cubic yard.

4. Commencing July 1, 2008, and ending June 30, 2009, ten dollars and fifty cents per cubic yard.

5. Commencing July 1, 2009, and continuing thereafter, eleven dollars per cubic yard.

F. Septage, if permitted, shall be assessed at the rate of four cents per gallon.

G. Tires shall be assessed as follows:

1. Passenger and light truck tires at one dollar and fifty cents each.

2. Semi truck tires at six dollars and fifty cents each.

3. Super single truck tires at ten dollars each.

4. Implement tires—six-ply and under at twenty-one dollars each.

5. Implement tires—eight-ply and greater at thirty-one dollars each.

6. Solid tires up to eighteen inch diameter at eight dollars each.

7. Solid tires eighteen inch to twenty-four inch diameter at sixteen dollars each.

8. Rubber tracks at two hundred dollars per ton.

9. Earth mover tires at two hundred dollars per ton.

10. Any tire on the rim shall be assessed at double the price for the tire alone. (Ord. 5-15-06 § 1; Ord. 12-03-01 § 1.2; Ord. 2-5-96 § 1.3; Ord. 6-7-95 § 1.1)

13.12.160 Multiple or complex use assessment.

A single business entity or individual operating or leasing more than one type of waste-generating business or one type of waste-generating use in a single building or on a single parcel of land shall be assigned an assessment for each separate waste-generating use. (Ord. 6-7-95 § 1.1)

13.12.170 Vacant land.

There shall be no assessment on vacant land where waste is not generated. (Ord. 6-7-95 § 1.1)

13.12.180 Assessment on real property roll.

A. The billings for assessments shall be based on the ownership status and use of each parcel on the date the assessor closes ownership changes on the real property tax roll preceding the fiscal year for which the assessment is made.

B. The assessor of Humboldt County, Nevada, shall prepare the landfill assessment roll. The landfill assessment shall be billed as a part of the annual real property tax statement and collected at the same time as the taxes assessed upon the real property tax roll.

C. The treasurer of Humboldt County, Nevada, shall collect and receive landfill assessment payments.

D. The landfill assessment payments may be paid in quarterly installments, the same as taxes assessed upon the real property tax roll.

E. Failure to pay the landfill assessment shall subject the payer to the same penalty set by state statute as a person, company or corporation failing to pay the taxes assessed upon the real property tax roll. (Ord. 2-5-96 § 1.4; Ord. 6-7-95 § 1.1)

13.12.190 Entities not assessed on real property roll.

A. Businesses, residences and others on the unsecured tax roll shall be billed with the unsecured tax roll.

B. Governmental entities, churches, parsonages, businesses and residences located on tax exempt property shall be billed on the unsecured tax roll.

C. Businesses that are not attached to real property, but which generate solid waste, shall pay a monthly assessment as determined by the landfill committee.

D. Failure to pay the landfill assessment billed on the unsecured tax roll shall subject the payer to the same penalty set by state statute as a person, company or corporation that fails to pay the taxes assessed upon the unsecured tax roll, including the right of demand, seizure and sale by the county assessor. (Ord. 2-5-96 § 1.5; Ord. 6-7-95 § 1.1)

13.12.200 Other assessed users.

All persons generating waste within the district and all persons depositing waste at the landfill, not otherwise assessed for the support and operation of the landfill or system of transfer within the district, shall pay for the use of the landfill on a per-load or other acceptable basis, with the fees being determined by the landfill committee. (Ord. 6-7-95 § 1.1)

13.12.210 Review procedure.

A. Any person receiving an assessment may request a review or modification of the assessment imposed by making such request in writing with the Humboldt County assessor.

B. Within twenty days of the date of receipt of the request for review or modification, the assessor shall consider the request, together with any information known to the assessor and relative to the request, and, if it appears to the assessor that there is a clerical or typographical error in the assessment, the assessor may correct or modify the assessment.

C. If the assessor does not correct or modify the assessment within twenty days of the date of receipt of the request for review or modification or if the assessor’s correction or modification is not acceptable, the assessor shall forward the request, together with any information known to the assessor and relative to the request, to the Humboldt County administrator for filing. The date the request is received by the Humboldt County administrator is the filing date.

D. All requests filed with the Humboldt County administrator in a calendar quarter shall be scheduled for hearing before the landfill committee at a date not later than thirty days from the end of that calendar quarter. The landfill committee shall hear filed requests for review or modification at least one time each calendar quarter and may hold such hearings from time to time as often as the landfill committee deems necessary.

E. Notice of the landfill committee hearing shall be sent to the person requesting the review or modification not later than ten days prior to the date set for the hearing on the matter.

F. The landfill committee shall hear the request for review or modification at the hearing scheduled therefor and shall render a final decision within fifteen days of the date of the hearing.

G. If modification of the assessment is granted, there shall be a credit issued against a future assessment or modification of the next assessment billing. (Ord. 2-5-96 § 1.6; Ord. 6-7-95 § 1.1)

13.12.220 Waiver or modification of assessments.

The assessment for any premises or improved real property within the district may be waived or modified at the discretion of the landfill committee if it is determined that the assessment is unfair or not equitable in accordance with the provisions of this chapter. (Ord. 6-7-95 § 1.1)

13.12.230 Reduction of assessments.

A. Reduction of assessments, by review, may be sought by persons over the age of sixty-five years upon providing verification of the yearly income for the household. Yearly household income at or below the maximum allowable income established by NRS 427A.515, as amended, may be considered as a proper basis for reduction of any assessment imposed. A reduction authorized for any person over the age of sixty-five years with a verified yearly household income at or below the income level established by NRS 427A.515, as amended, shall be one-half the assessment.

B. Reduction of assessments, by review, may be sought by persons residing in the district less than on a full time basis upon providing an affidavit, acknowledged under oath, verifying less than full time residency. Residency in the district less than six months per year may be considered as a proper basis for reduction of any assessment imposed. A reduction authorized for any person residing in the district less than six months per year shall not be greater than one-half the assessment. (Ord. 9-08-09A § 1; Ord. 2-5-96 § 1.7; Ord. 6-7-95 § 1.1)

13.12.240 Emergency services exemptions.

All entities that have undertaken to provide emergency services for the benefit of residents of the district may be exempt from assessments upon application to the landfill committee. Such entities include, but are not limited to, food and clothing banks or repositories, Salvation Army, Red Cross, and other nonprofit relief-type agencies. (Ord. 6-7-95 § 1.1)

13.12.250 Governmental entities.

The board and council shall be authorized to enter into an agreement with state and federal agencies for a determination of the assessment to be imposed upon any such agency not specifically addressed by the assessments set forth herein. (Ord. 6-7-95 § 1.1)

13.12.260 Indian lands.

The board and council shall be authorized to enter into an agreement with any Indian tribe, or their designated representative, for the creation of a transfer facility and the imposition of assessments to be imposed upon the residents thereof should such entities desire to use the district landfill. (Ord. 6-7-95 § 1.1)

13.12.270 Special user fees.

The board and council shall be authorized to contract for, or to establish or authorize establishment of programs, rules and procedures to provide for the disposal, placement or processing of recyclable material, as defined by NRS 444A.013, and any type of solid waste, including renewable or hazardous materials, septage and special waste, and to provide for the temporary or permanent placement of such recyclable material and solid waste at the district landfill or other designated area, and for such purposes may:

A. In addition to any other assessment imposed by this chapter, impose special user fees for use of the landfill or other authorized disposal site;

B. Impose fees for special services related to the disposal, placement or processing of recyclable material and solid waste; and

C. Designate all or any portion of the landfill assessments or special user fees to be utilized for programs which encourage or promote the disposal, placement or processing of recyclable material and solid waste or for any other lawful purpose. (Ord. 10-15-07 § 1; Ord. 5-15-06 § 1; Ord. 6-7-95 § 1.1)

13.12.280 Disposal of waste from outside district.

In order to preserve the health, safety and welfare of the citizens of Humboldt County and the State of Nevada, every ordinance or portion thereof notwithstanding, each calendar year solid waste from outside the district may be deposited at the regional landfill or other site in the district only to the extent that the aforesaid solid waste from outside the district does not exceed by more than fifty percent the average yearly amount of solid waste generated from inside the district during the preceding three calendar years, with the recommendation of the landfill committee and approval of the board and council upon such terms, conditions and fees established by the board and council.

“Average yearly amount of solid waste generated from inside the district during the preceding three calendar years” is defined to mean the total amount of solid waste generated from inside the district and deposited in the regional landfill during the preceding three calendar years as certified as true and accurate by the regional landfill committee, divided by three. If for any reason the regional landfill committee is unable to make the certification as stated in this section then said certification shall be made by the Humboldt County board of commissioners. (County Question No. 1; Ord. 10-15-07 § 1; Ord. 6-7-95 § 1.1)

13.12.290 Contracts for operation of landfill.

No provision of this chapter shall be construed as limiting or preventing the county or city from entering into an agreement with any person to operate the landfill in accordance with the regulations adopted in this chapter and the regulations and laws referred to in this chapter, and billing and collecting the fees and charges established in this chapter, or from assigning all or a portion of the fees and charges to that person as compensation for operating the landfill. (Ord. 6-7-95 § 1.1)

13.12.300 Landfill committee.

A. The landfill committee shall be composed of one member of the board, one member of the council, two members appointed by the board, and two members appointed by the council.

B. Members of the landfill committee shall serve without compensation.

C. Appointment of the member from the board and the member from the council shall be until their term expires. Appointment of the members by the board and council shall be for a term of four years, except an appointment to fill a vacancy occurring otherwise than through the expiration of a term shall be for the balance of the unexpired term.

D. The first term of the first member appointed by the council shall expire the last day of June, 1997. The first term of the second member appointed by the council shall expire the last day of June, 1999. The first term of the first member appointed by the board shall expire the last day of June, 1996. The first term of the second member appointed by the board shall expire the last day of June, 1998.

E. The appointed members may be removed from the landfill committee after public hearing before the board or council, as the case may be, by a majority vote of the board or council, for inefficiency, neglect of duty or malfeasance.

F. The landfill committee shall hear and decide requests for review or modification of assessments as provided in this chapter and shall sit and decide upon all matters properly referred to it or as otherwise authorized by this chapter.

G. The landfill committee shall have at least one meeting per calendar quarter and may hold special meetings from time to time as often as the landfill committee deems necessary. (Ord. 6-7-95 § 1.1)

13.12.310 Violation—Penalty.

A. Any person violating the provisions of this chapter is creating a nuisance and the district attorney of the county is empowered to file all necessary civil actions in the name of the county in any court of competent jurisdiction to enjoin, abate or restrain the continued violation of this chapter and to recover compensatory and exemplary damages and costs of suit, which remedies may be in addition to or in lieu of any other penalties or remedies provided in this chapter. NRS 244.360.

B. Any person violating the provisions of this chapter is guilty of a misdemeanor and shall be punished as prescribed by NRS 193.150 or 193.160 or any amendments thereto, which punishment may be in addition to or in lieu of any civil remedies provided in this chapter. Each day or part of a day during which such violation is continued or repeated constitutes a separate offense. (Ord. 6-7-95 § 1.1)