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.
2. It shall be 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 paint, paint thinner or solvents except by delivery to a collection or recycling facility authorized to accept such material.
D. No person shall tamper with or open any plastic garbage bag containing any garbage or rubbish. No person shall tamper with or open any bundle or box of material placed for collection under this chapter.
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).