(a) 
The definitions and the enforcement of this article shall be regulated in accordance with V.T.C.A., Health and Safety Code chs. 341 and 361 and V.T.C.A., Water Code ch. 26.
(b) 
The words “regulatory authority” shall be understood to refer to the county health department. The word “department” shall refer to the department of state health services or its authorized agents or employees.
(1991 Code, sec. 13-56)
(a) 
Any person who violates any provision of this article, and any person who is a permit holder of or, otherwise, operates a waste transporter that does not comply with the requirements of this article and any responsible officer of that permit holder or those persons shall be punished as provided in section 1.01.009. Each day that such offense continues shall constitute a separate offense, whether or not such act or omission was knowingly or willfully done or omitted.
(b) 
The regulatory authority and/or city attorney may seek to enjoin violations of this article.
(1991 Code, sec. 13-57)
(a) 
Marking and identification.
Owners or operators of tanks or containers used for the collection and/or over-the-road transportation of wastes regulated under this article shall prominently mark such tanks or containers to show the company name and the department-assigned registration number and a two-digit number assigned by the county health department. The identification will be removed when it is no longer authorized by the department of state health services or leaves the possession of the person registered.
(b) 
Sanitation standards.
All vehicles and equipment used for the collection and transportation of sludges and similar wastes shall be constructed, operated and maintained to prevent the loss of liquid or solid waste materials and to prevent health nuisances and safety hazards to operating personnel and the public. Collection vehicles and equipment shall be maintained in a sanitary condition to preclude odors and insect-breeding and shall receive an annual inspection by the county health department or at any other time deemed appropriate.
(c) 
Mixing of incompatible wastes.
Mixing of incompatible wastes within the same container is prohibited. Transporters shall not use the same container or pumping equipment to collect or transport incompatible waste without first emptying and cleaning the container and equipment of all previously handled wastes. For purposes of this subsection, “incompatible wastes” means wastes which have different processing, storage or disposal requirements. However, transporters may mix wastes with different characteristics, provided that the facility to which the waste is being transported is authorized to receive of such a waste mixture.
(1991 Code, sec. 13-58)
(a) 
Waste-control record.
Persons who collect and/or transport waste subject to control under this article shall initiate and maintain a record of each individual collection and deposit. Such record shall be in the form of a manifest trip ticket or other similar documentation approved by the county health department. The waste-control record shall include:
(1) 
Name and department of state health services registration number of the transporter;
(2) 
County-health-department-assigned number;
(3) 
Name and address of the person who generates the waste and the date collected;
(4) 
Type and amount of waste collected or transported;
(5) 
Name of responsible person (driver) collecting, transporting and depositing the waste;
(6) 
Date and place where the waste was deposited;
(7) 
Identification (permit application or site registration number, location and operator) of the facility where the waste was deposited; and
(8) 
Name and signature of the facility representative acknowledging receipt of the waste and the amount of waste received.
(b) 
Maintenance of records and reporting.
The transporter provides the person who generates the waste a copy of the waste-control record or other document showing receipt of the waste and provides the facility operator a copy of all control records of wastes deposited. The transporter retains a copy of all records showing the collection and disposition of waste. Such copies shall be retained for twelve (12) months and made available upon request. This is in addition to reporting requirements to the department of state health services.
(1991 Code, sec. 13-59)
In the event of a discharge of waste during collection or transportation, the collector or transporter must take appropriate action to protect human health and environment, e.g., notify the police department and county health department; dike the discharge area; clean up any waste discharge that occurs during transportation; or take such action as may be required or approved by federal, state or local officials having jurisdiction so that the waste discharge no longer presents a public health or environmental problem. Transporters are responsible for reporting certain spills in accordance with the requirements of the state oil and hazardous substance spill contingency plan.
(1991 Code, sec. 13-60)
Persons who engage in the transportation of wastes (subject to regulation under this article) from the city to other states or from other states to the city or persons who collect or transport such waste in the city but have their place of business in another state shall comply with all the requirements for transporters contained in solid waste management regulations and this article. If such persons also engage in any activity of managing such wastes in this state by storage, processing or disposal, they shall follow the applicable requirements for site operators of such activities.
(1991 Code, sec. 13-61)
(a) 
Applicability.
Transporters of grease trap, grit trap and septic waste, who are registered or who are required to register with the department of state health services, are also required to register with the county health department. This fee shall not apply to cities, counties, municipal utility districts and state and federal agencies which are transporting their own wastes and which are not required to be registered with the department of state health services.
(b) 
Fee schedule/amount.
All waste transporters of grease trap, grit trap and septage operating in the city shall pay an annual fee established by ordinance for each vehicle.
(c) 
Fee due date.
The payment of a transporter registration fee to the regulatory authority shall be due on January first of each year.
(1991 Code, sec. 13-62)
(a) 
Any person desiring to operate as a transporter of grease or sand trap and septic waste shall make written application for a permit on forms provided by the regulatory authority. Such application shall include the name and address of each applicant, mailing address, telephone number, name of present company, capacity of tank and the state department of health services registration number with a copy of state registration attached thereto. City, state and federal agencies providing collection and/or transportation of this waste using vehicles owned and operated by them are not required to register under this division. Persons transporting wastewater treatment plant sludges are also not required to register under this division.
(b) 
Prior to the approval of an application for a permit, the regulatory authority shall inspect each transporter unit to determine compliance with state laws and rules.
(c) 
The regulatory authority shall issue a permit to the applicant providing an inspection reveals that the waste transporter unit complies with the requirements of state laws and rules. All permits shall be renewed annually. Temporary permits shall be issued for no more than four (4) consecutive days.
(d) 
A person may renew a permit by making written application on forms provided by the regulatory authority. Such application shall include the information described in subsection (a) above and shall include a renewal fee as established by ordinance.
(1991 Code, sec. 13-81)
The regulatory authority may, after providing opportunity for a hearing, deny, suspend or revoke a permit for violations of any of the requirements of state laws or rules or for interference with the regulatory authority in the performance of official duties. Prior to denial, suspension or revocation, the regulatory authority shall notify the permit holder or the person in charge, in writing, of the reason for which the permit is subject to denial, suspension or revocation and that the permit shall be denied, suspended or revoked at the end of ten (10) days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the permit holder. If no request for a hearing is filed within the ten-day period, the denial, suspension or revocation of the permit becomes final.
(1991 Code, sec. 13-82)
A notice provided for in this division is properly served when it is delivered to the permit holder or the person in charge or when it is sent by registered mail, return receipt requested, to the last known address of the permit holder. A copy of the notice shall be filed in the records of the regulatory authority.
(1991 Code, sec. 13-83)
The hearings provided for in this division shall be conducted by a hearing officer designated by the regulatory authority at a time and place designated by the hearing officer. Based on the evidence presented at such hearing, the hearing officer shall make a final finding and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the regulatory authority.
(1991 Code, sec. 13-84)