In this article:
Approved.
Accepted as satisfactory under the terms of this article and given formal and official sanction by the city.
City.
The City of Lancaster, the director or any other official designated by the city manager of any city party to this article, or his duly authorized deputy, agent or representative.
Director.
The director of the department designated by the city manager to enforce and administer this article.
Disposal.
The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or semi-solid grease trap waste, grit trap waste and/or septage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
Disposal site.
A permitted site or part of a site at which grease trap waste, grit trap waste or septage is processed, treated and/or intentionally placed into or on any land and at which said waste will remain after closure.
Disposer.
A person who receives, stores, retains, processes or disposes of liquid waste.
Generator.
A person who causes, creates, generates or otherwise produces liquid waste.
Grease trap.
A watertight receptacle designed and constructed to intercept and prevent the passage of greasy, fatty liquid, semi-liquid and/or solid wastes generated from commercial operations into the sanitary sewer system to which the receptacle is directly or indirectly connected.
Grease trap waste.
Greasy, fatty liquid, semi-liquid and/or solid wastes removed from commercial operations by a grease trap.
Grit trap.
A watertight receptacle designed and constructed to intercept and prevent the passage of petroleum-based oil, grease wastes and solids into the sanitary sewer system to which the receptacle is directly or indirectly connected.
Grit trap waste.
Petroleum-based oil, grease wastes and solids from commercial automotive or heavy machinery repair and/or washing facilities.
Hazardous waste.
Any liquid, semi-liquid or solid waste (or combination of wastes) which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may:
(1) 
Have any of the following characteristics: toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness;
(2) 
Pose a substantial hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the administrator, U.S. Environmental Protection Agency (EPA) pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, and as may be amended in the future.
Liquid waste.
Waterborne solids, liquids and gaseous substances derived from a grease trap, grit trap, chemical/portable toilet, septic tank and/or other approved catchbasins and described as grease trap waste, grit trap waste, septage and/or other approved basin waste.
Manager.
The person conducting, supervising, managing or representing the activities of a generator, transporter or disposer.
Manifest system.
A system consisting of a four-part trip ticket used to document the generation, transportation and disposal of liquid waste.
Owner.
The person who owns a facility or part of a facility.
Permit.
The formal written document issued to a person by the city authorizing collection of grease trap waste, grit trap waste and septage.
Permittee.
A person granted a permit under this article.
Person.
An individual, corporation (including a government corporation), organization, government, governmental subdivision or agency, federal agency, state, political subdivision of a state, interstate agency or body, business or business trust, partnership, association, firm, company, joint stock company, commission or any other legal entity.
POTW.
Publicly owned treatment works.
Sanitary sewer.
A sewer which carries sewage and to which storm, surface and ground waters are not normally admitted.
Septage.
Wastes removed from a portable toilet, chemical toilet or septic tank.
Shall.
The word “shall” will be interpreted in its mandatory sense; “may” is permissive.
Special wastes.
Any solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, requires special handling and disposal to protect the human health or the environment.
Spill.
The accidental or intentional loss or unauthorized discharge of grease trap waste, grit trap waste and septage.
Tank.
A device designed to contain an accumulation of grease trap waste, grit trap waste and septage which is constructed primarily of non-earthen materials (e.g., concrete, steel, plastic) to provide structural support for the containment.
TDSHS.
The department of state health services.
TCEQ.
The state commission on environmental quality.
Toxic waste.
Any liquid, semi-liquid or solid waste material which has the ability to chemically produce injury once it reaches a susceptible site in or on the body.
Transporter.
A person who operates a vehicle for the purpose of transporting liquid waste.
Trip ticket.
The shipping document originated and signed by the transporter which contains the information required by the city.
Vehicle.
A mobile device in which or by which liquid waste may be transported upon a public street or highway.
(2002 Code, sec. 6.201)
(a) 
A liquid waste transporter shall:
(1) 
Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections and other appurtenances on a vehicle in good repair and free from leaks;
(2) 
Provide a safety plug or cap for each valve of a tank;
(3) 
Cause a vehicle exterior to be clean and the vehicle odor-free at the beginning of each work day.
(b) 
The city may cause to be impounded a vehicle which is being operated in violation of this article, and may authorize the holding of the vehicle until the violation is corrected. The city may also revoke the permit for the improperly operated vehicle. If a vehicle is impounded or if a permit is revoked, an appeal may be filed by the transporter pursuant to section 12.04.035.
(2002 Code, sec. 6.204)
A liquid waste transporter’s vehicle shall be inspected by the city prior to the issuance of a vehicle permit, with qualifications as follows:
(1) 
Use a vehicle with a single tank as an integral portion of the vehicle to transport liquid wastes; portable tanks or other containers temporarily installed in vehicles are prohibited;
(2) 
Piping, valves and connectors shall be permanently attached to the tank and/or vehicle;
(3) 
Tank to be liquid-tight;
(4) 
Tank to be constructed so that every interior and exterior portion can be easily cleaned;
(5) 
Piping, valves and connections shall be accessible and easy to clean;
(6) 
Inlet or opening of the tank to be constructed so that collected waste will not spill during filling or transfer or during transport;
(7) 
Outlet connections to be constructed so that no liquid waste will leak, run or spill out from the vehicle;
(8) 
Outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use;
(9) 
Pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray or leakage, and capable of being easily disassembled for cleaning.
(2002 Code, sec. 6.205)
(a) 
Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful gases, fumes, liquids or other substances. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste.
(b) 
A transporter with a city liquid waste transporter permit shall not transport materials that are hazardous in vehicles permitted by the city for transporting liquid waste.
(c) 
A transporter holding a city permit must use a disposal site permitted and approved by the city, state or federal government.
(d) 
A manifest system, consisting of a four-part trip ticket, is used to document the generation, transportation and disposal of all applicable liquid waste generated in the city and shall be used as follows:
(1) 
The trip ticket books are purchased by the transporter from the city department of code enforcement for an established fee;
(2) 
A transporter will complete one trip ticket for each location serviced, with the exception of chemical/portable toilet companies servicing their own units. Chemical/portable toilet companies servicing their own units shall be required to complete one (1) trip ticket for each vehicle load transported;
(3) 
White copy of the trip ticket signed by the transporter and generator at the time of waste collection and yellow copy maintained by the generator;
(4) 
White copy of the trip ticket signed by the disposer at the time of disposal and pink copy maintained by the disposer;
(5) 
Green copy of the trip ticket maintained by the transporter;
(6) 
All completed trip ticket books containing the white copy of the trip ticket will be delivered at least monthly by the transporter to the city department of code enforcement;
(7) 
A copy of all trip tickets shall be maintained for a period of two (2) years.
(2002 Code, sec. 6.206)
A person commits an offense if he allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his control.
(2002 Code, sec. 6.207)
(a) 
A person commits an offense if he unloads or offers for sale or exchange liquid waste except at a place permitted by the city, state or federal government.
(b) 
A person commits an offense if he deposits or discharges liquid waste onto a street or into a storm or sanitary sewer or an area that drains into the storm sewer system.
(2002 Code, sec. 6.208)
(a) 
A generator of liquid waste shall have all liquid waste material picked up from his premises by a liquid waste transporter who holds a valid permit from the city, and the liquid waste shall be transported to an approved site for disposal.
(b) 
A generator of liquid waste shall not have hazardous wastes or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit.
(c) 
A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter and shall keep a copy of all trip tickets for a period of two (2) years. The city may inspect these records during normal business hours.
(d) 
A generator shall:
(1) 
Install or provide collection devices of size and type specified by the city;
(2) 
Maintain collection devices in continuous, proper operation;
(3) 
Supervise proper cleaning of collection devices;
(4) 
Report spills and accidents involving collection devices to the approving authority within twenty-four (24) hours;
(5) 
Clean up all spills and accidents immediately and have material disposed of by a permitted transporter by proper means.
(2002 Code, sec. 6.209)
(a) 
A liquid waste disposer commits an offense if he allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard.
(b) 
A liquid waste disposer shall:
(1) 
Obtain and maintain compliance with all licenses and/or permits required by local, state or federal law;
(2) 
Accept waste only from a permitted transporter;
(3) 
Maintain trip ticket copies for a period of two (2) years;
(4) 
Accept only those classes of wastes authorized by license or permit;
(5) 
Make available all records required to be kept for inspection by the city during normal business hours.
(2002 Code, sec. 6.210)
The city may promulgate rules and regulations as may be necessary to carry out the provisions of this article and protect the public from health and safety hazards. The city may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The city may amend any permit issued hereunder to ensure compliance with applicable laws and regulations.
(2002 Code, sec. 6.211)
(a) 
In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment.
(b) 
Any person found to be guilty of violating the provisions of this article shall become liable to the city for any expense, loss or damage occasioned by the city for reason of appropriate cleanup and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half of assessed cleanup costs shall be levied by the city against the guilty person.
(2002 Code, sec. 6.214)
(a) 
A person commits an offense if he operates or causes to be operated a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of liquid waste and the city shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number is issued for each vehicle operated.
(b) 
A person who desires to obtain a permit must make application on a form provided by the city.
(c) 
A person who desires to obtain a permit must submit to the city at the time of application a photocopy of the manager’s driver’s license. The city shall be notified of manager employment changes during the permit period and shall be provided a photocopy of the new manager’s driver’s license.
(d) 
The city shall not issue a permit unless the applicant submits for inspection by the city the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the city to be constructed and equipped in accordance with the provisions of this article.
(e) 
A permit is not transferable.
(f) 
A permit issued by the city excludes the hauling of materials that are hazardous in nature.
(g) 
Transporters transporting hazardous wastes must have the applicable state commission on environmental quality and U.S. Environmental Protection Agency (EPA) registration number and use the appropriate EPA manifest system.
(h) 
Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid wastes. The city shall be immediately notified of additional disposal sites used during the permit period.
(2002 Code, sec. 6.202)
The city shall not issue a permit to an applicant until the appropriate fee is paid as established by the city council.
(2002 Code, sec. 6.203(a))
The city shall number permits consecutively, and each permit holder shall cause to be displayed on each side of each vehicle, in a color contrasting with the background, in three-inch letters or larger, the business name, the TCEQ registration number and the following:
(LAN) _____
The first three letters (LAN) shall represent the city issuing the permit. The blank space shall contain the permit number. The permit holder shall keep the permit receipt or a copy in the vehicle at all times.
(2002 Code, sec. 6.203(b))
(a) 
The city may deny a permit if it is determined that an applicant is not qualified under section 12.04.031 of this article and may suspend or revoke a permit if it is determined that a permittee:
(1) 
Is not qualified under section 12.04.031 of this article;
(2) 
Has violated a provision of this article;
(3) 
Has failed to pay a required fee;
(4) 
Has failed to comply with maintenance or inspection requirements;
(5) 
Has failed to deliver trip tickets to the city.
(b) 
After suspension under this section, a permittee may file a request for reinstatement of the permit. When the city determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations and all required fees have been paid, it shall reinstate the permit.
(c) 
The city may revoke for a period of one (1) year or less all permits held by a liquid waste transporter if the transporter or an employee of the transporter violates any of the provisions of this article, any rule or regulation promulgated by the city, or applicable provisions of the city code or state law.
(d) 
A permittee whose permit is suspended or revoked shall not collect, transport or dispose of any waste materials within the jurisdiction of the city.
(2002 Code, sec. 6.212)
If the city denies the issuance of a permit or revokes a permit, it shall send to the applicant or permit holder, by certified mail, return receipt requested, written notice of the action and the right to an appeal. The applicant or permit holder may appeal the decision of the code enforcement department to the city council.
(2002 Code, sec. 6.213)