Otero County, NM Trash & Recycling: Illegal Dumping (2026)

Section 190-7.A prohibits discarding solid waste, rubbish or refuse anywhere outdoors in the county except at a time and place approved for collection under the Solid Waste Ordinance, and separately bars placing waste in another person's or business's receptacle without written permission. Section 190-4.B adds that no one may throw, dump or dispose of refuse, solid waste or litter on any road, street, gutter, sidewalk or alley, and bans setting fire to rubbish or refuse outside an approved incinerator. Unauthorized accumulation of solid waste on any property is separately declared a nuisance under § 190-7.B.

The Sheriff or a county code enforcement officer enforces the chapter under § 190-4.D, and for accumulation violations must first give written notice to correct the condition within 10 to 30 days before the county can contract for cleanup and lien the property under § 190-4.D(2) and (3). Penalties escalate under § 190-8: a first or second violation carries a fine of $100 to $300 with a $100 minimum that cannot be suspended, a third or later violation carries a minimum $300 fine, and four violations within 12 months can bring an aggravated charge with up to 90 days in jail.

Critically, § 190-8.F sets a standalone, harsher penalty of up to $1,000 specifically for discarding or disposing of solid waste or debris anywhere other than an authorized landfill, convenience center or transfer station, and § 190-8.G raises that ceiling to $5,000 for illegal disposal of hazardous materials. Ord. No. 25-04 replaced the chapter in its entirety effective April 8, 2025.