As used in this chapter, the following terms shall have the
respective meanings ascribed to them in this section:
Cuttings or trimmings from trees, shrubs, or lawns and similar
materials.
Nonhazardous, nonfreon containing items too large to fit
in a residential customer’s garbage container. Bulky waste does
not include tires. Collection and acceptance of these items will be
determined case by case.
A receptacle/container, equipped with wheels and a bar, with
a capacity of approximately sixty-four (64) or ninety-six (96) gallons,
designed to be mechanically dumped into collection equipment via a
fully automated truck arm or semi-automated truck tipper.
The City of Brenham, Texas and the city’s officers,
elected officials, employees, agents, volunteers, and representatives.
The governing body of the city.
A city-owned or operated facility.
The act of removing solid waste, recyclables, or yard waste
for transport to a disposal or recycling facility.
All refuse, garbage, solid waste, and other waste generated
by, at, or within a commercial unit, but not including construction
debris.
All premises, locations or entities, public or private requiring
refuse, garbage and/or solid waste collection within the corporate
limits of the city that are not classified as a residential unit or
city facility.
Waste building materials resulting from construction, remodeling,
repair, or demolition operations, typically collected in roll-off
bins without lids or accepted at a permitted disposal or permitted
processing facility.
A weatherproof container easily identifiable and designated
for solid waste or recycling collection.
Recyclable materials and/or yard waste mixed with solid waste
or altered in a way that results in materials being unrecyclable or
noncompostable.
The location within three (3) feet of the curb of the street
abutting customer’s property that provides primary access to
the service unit unless such placement interferes with or endangers
movement of vehicles or pedestrians in the public right-of-way.
An occupant of a residential unit or commercial unit that
has a city utility account that is billed for solid waste and/or recyclable
materials service on a monthly basis.
An animal or part of an animal equal to or greater than ten
(10) pounds in weight, but less than one hundred fifty pounds (150)
pounds in weight, that has expired from any cause except those slaughtered
or killed for human use.
An animal or part of an animal equal to or greater than one
hundred fifty (150) pounds in weight, that has expired from any cause
except those slaughtered or killed for human use.
The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any solid waste or hazardous waste (whether containerized
or noncontainerized) into or on any land or water so that such solid
waste or hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters,
including groundwater, as defined in 30 Texas Administrative Code
sec. 330.3(44).
All contiguous land, structures, other appurtenances, and
improvements on the land that is licensed and permitted, as required
by all governmental bodies having jurisdiction, for disposing of solid
waste. A disposal site may be publicly or privately owned and may
consist of several disposal operational units.
A watertight receptacle, with a capacity of approximately
two (2) cubic yards up to approximately eight (8) cubic yards, equipped
with a tight-fitting lid and designed to be mechanically dumped into
a loader-packer type truck.
Hazardous waste, special waste, and construction debris.
All contiguous lands and structures, other appurtenances,
and improvements on the land used for the storage, processing or disposal
of solid waste or recyclable materials.
Solid waste consisting of nonhazardous refuse, dead animals
(small), putrescible animal and vegetable waste materials resulting
from the handling, preparation, cooking, and consumption of food,
including waste materials from markets, storage facilities, handling,
and sale of produce and other food products, as defined in 30 Texas
Administrative Code sec. 330.3(56).
Any person or entity that produces solid waste.
Any solid waste identified or listed as a hazardous waste
by the administrator of the United States Environmental Protection
Agency under the federal Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976, 42 United States Code,
sec. 6901 et seq., as amended and defined in 30 Texas Administrative
Code sec. 330.3(62).
Refuse that is of such size and weight that it cannot be
placed in a sixty-four (64) or ninety-six (96) gallon container. Heavy
trash shall include tree limbs less than four (4) feet in length and
loose lumber less than five (5) feet in length.
A permitted municipal solid waste landfill.
Solid waste resulting from or incidental to municipal, community,
commercial, institutional, and recreational activities, including
garbage, rubbish, ashes, street cleanings, dead animals, abandoned
automobiles, and all other solid waste other than industrial solid
waste, as defined in 30 Texas Administrative Code sec. 330.3(88).
Solid waste not easily containerized in a cart such as, but
not limited to, appliances, furniture, etc.
Materials, recovered from the solid waste stream for the
purpose of reuse or reclamation, a substantial portion of which are
consistently used in the manufacture of products that may otherwise
be produced using raw or virgin materials. Recyclable materials are
not solid waste unless they are abandoned or disposed of as garbage
rather than reprocessed into another product.
The collection of recyclables for transport to a recycling
facility for the purpose of reuse or reclamation.
Nonputrescible solid waste (excluding ashes), consisting
of both combustible and noncombustible waste materials, combustible
rubbish, including paper, rags, cardboard, cartons, wood, excelsior,
furniture, rubber, plastics, yard trimmings, leaves, and similar materials;
noncombustible rubbish, including glass, crockery, tin cans, aluminum
cans, metal furniture and like materials which will not burn at ordinary
incinerator temperatures (1600° F to 1800° F), as defined
in 30 Texas Administrative Code sec. 330.3(130).
A person who resides in a residential unit.
An improved property which is used, or capable of being used,
for a dwelling, including, but not limited to a single-family dwelling,
duplex, four-plex, townhouse, apartment, condominium unit and similar
dwellings. A residential unit shall be deemed occupied when either
water or electric services are being supplied thereto.
Solid Waste Services, Yard Waste Services, and Recycling
Services for Residential Units.
The material regularly associated with and attached to recyclable
materials as a part of the original packaging or usage of that material
that is not recyclable.
An open top receptacle, having a minimum capacity of approximately
ten (10) cubic yards up to approximately forty (40) cubic yards, intended
to be loaded onto a motor vehicle.
An enclosed, watertight roll-off with a compactor.
The temporary placement of a roll-off or roll-off compactor
for use other than regularly scheduled sanitation service, or collection/servicing
of the same.
Shall be defined in accordance with 30 Texas Administrative
Code sec. 330.3(145), as garbage, rubbish, refuse, sludge from a wastewater
treatment plant, water supply treatment plant, or air pollution control
facility, and other discarded material, including solid, liquid, semi-solid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations and from community
and institutional activities. The term does not include:
Solid or dissolved materials in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under Texas Water Code, Chapter 26;
Soil, dirt, rock, sand, and other natural or man-made inert
solid materials used to fill land if the object of the fill is to
make the land suitable for the construction of surface improvements;
or
Waste materials that result from activities associated with
the exploration, development, or production of oil or gas or geothermal
resources and other substance or material regulated by the Railroad
Commission of Texas under Natural Resources Code, sec. 91.101, unless
the waste, substance, or material results from activities associated
with gasoline plants, natural gas liquids processing plants, pressure
maintenance plants, or re-pressurizing plants and is hazardous waste
as defined by the administrator of the United States Environmental
Protection Agency under the federal Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act, as amended (42 United
States Code, sec. 6901 et seq.).
The collection of solid waste and disposal of solid waste
at a disposal site.
Shall be defined in accordance with 30 Texas Administrative
Code sec. 330.3(148), as 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 environment. If improperly
handled, transported, stored, processed, or disposed of or otherwise
managed, it may pose a present or potential danger to the human health
or the environment. Special wastes are:
Hazardous waste from conditionally exempt small-quantity generators
that may be exempt from full controls under Chapter 335, Subchapter
N of Title 30 TAC (relating to household materials which could be
classified as hazardous wastes);
Class 1 industrial nonhazardous waste;
Untreated medical waste;
Municipal wastewater treatment plant sludges, other types of
domestic sewage treatment plant sludges, and water-supply treatment
plant sludges;
Septic tank pumpings;
Grease and grit trap wastes;
Wastes from commercial or industrial wastewater treatment plants;
air pollution control facilities; and tanks, drums, or containers
used for shipping or storing any material that has been listed as
a hazardous constituent in 40 Code of Federal Regulations (CFR) Part
261, Appendix VII but has not been listed as a commercial chemical
product in 40 CFR sec. 261.33(e) or (f);
Slaughterhouse wastes;
Dead animals (large);
Drugs, contaminated foods, or contaminated beverages, other
than those contained in normal household waste;
Pesticide (insecticide, herbicide, fungicide, or rodenticide);
Discarded materials containing asbestos;
Incinerator ash;
Soil contaminated by petroleum products, crude oils, or chemicals
in concentration of greater than one thousand five hundred (1,500)
milligrams per kilogram total petroleum hydrocarbons; or contaminated
by constituents of concern that exceed the concentrations listed in
Table 1 of sec. 335.521(a)(1) of Title 30 TAC (relating to Appendices);
Used oil;
Waste from oil, gas, and geothermal activities subject to regulation
by the Railroad Commission of Texas when those wastes are to be processed,
treated, or disposed of at a solid waste management facility authorized
under this chapter;
Lead acid storage batteries; and,
Used oil filters from international combustible engines.
The Texas Administrative Code now and as amended.
Residential and commercial units that qualify for services.
Shall be defined in accordance with 30 Texas Administrative
Code sec. 330.3 (181) as leaves, grass clippings, yard and garden
debris, and brush, including clean woody vegetative material not greater
than six (6) inches in diameter, that results from landscaping maintenance
and land-clearing operations. This term does not include stumps, roots,
or shrubs with intact root balls, as defined in 30 Texas Administrative
Code sec. 330.3 (181). Brush, tree limbs and similar materials must
be securely tied together forming an easily handled package not exceeding
four (4) feet in length or fifty (50) pounds in weight; tree limbs
shall not exceed three (3) inches in diameter.
The collection of yard waste and disposal of yard waste at
a disposal site.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
The city retains the exclusive right to provide solid waste
services, disposal and recycling services for commercial and residential
customers within the city limits. The city may provide such services
directly or by granting a franchise to one (1) or more independent
contractors. It shall be unlawful for any person, firm or corporation
to provide solid waste services or recycling services without a franchise
from the city.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
Solid waste and recycling containers are assigned and issued
to the physical address of the customer. Containers shall not be removed,
transferred, or replaced by the customer. This prohibition does not
apply to city employees or an independent contractor with a franchise
from the city.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
It shall be unlawful for any person or business to place anything
in a container, scavenge through or remove anything from a container,
or relocate a container, or interfere with the servicing of a container
that belongs to another customer or business.
It shall be unlawful to set fire to or burn any material in
a container or paint or mark upon a container. Damage to a container
caused by a customer’s abuse, misuse, or neglect may result
in additional charges equal to the cost of a new container. Sanitation
service may also be discontinued until such fees for a replacement
are paid in full. It is the customer’s responsibility to file
police reports for damaged, stolen or vandalized containers.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
It shall be unlawful to park, place, allow, permit, or cause
to be parked or placed any motor vehicle, trailer, boat, or similar
obstruction within three (3) feet of a container, or in a way that
obstructs the servicing of a container. If an obstruction prevents
the servicing of a container, the city is authorized to remove the
obstruction. Any and all costs associated with the removal of the
obstruction shall be the responsibility of the customer.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
It shall be unlawful for any person to transport by vehicle
or trailer any refuse, garbage, rubbish or junk within the city unless
such refuse, garbage, rubbish or junk is covered in a manner sufficient
to prevent any such from blowing out of or falling from said vehicle
or trailer onto any public street or right-of-way.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
It shall hereafter be unlawful for any person to burn any trash, waste, or rubbish within the corporate limits of the city. The fire marshal may adopt and promulgate rules necessary for the administration of this section consistent with the fire marshal’s duties under chapter 8 of this Code of Ordinances regarding the safety and welfare of the public.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
The charges for residential and commercial solid waste services,
recycling services, and yard waste services from customers shall be
established by the city council.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
Any customer who fails or refuses to pay the monthly charges
established by the city council when due shall no longer receive solid
waste services, recycling services, or yard waste services until all
related charges are paid in full.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
Thanksgiving, Christmas Day, and New Year’s Day are designated
as holidays. No solid waste services or recycling services shall be
provided on these designated holidays. If a regularly scheduled pickup
day falls on a holiday, collection shall take place within twenty-four
(24) hours of the scheduled collection day unless a longer delay is
approved by the city manager.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
The city council may authorize special programs to assist eligible
customers with the collection of solid waste and recyclable materials.
Programs may include, but are not limited to, assistance moving containers
to and from the curb, recycling opt-out programs, and reduced-size
containers.
A customer’s participation in any special program offered
by the city shall be approved by the city manager or his designee.
The customer will be responsible for any fees associated with a special
program, change or reduction in service.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
It shall be unlawful for any person, by his own action or that
of his agent, employee or any person under his control, to cause any
garbage, trash, refuse or other waste matter to be dumped, deposited
or otherwise discharged or disposed of on any street, lot, park, public
place or other area whether publicly or privately owned, except an
area legally established as a dumping area. Waste matter includes,
but is not limited to, tires, household furnishings, mattresses, appliances,
household hazardous waste, vehicle parts, construction debris, solid
waste, special waste, or brush.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
When deemed necessary, in the best interests of the general
public, the city may direct a special clean-up of unprepared waste,
unbundled brush and limbs, and/or bulky waste in circumstances which
constitute a health and sanitation or public safety concern. Rates
for such special clean-up shall be set by city council.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
Any person, firm or corporation violating any of the provisions
of this chapter shall be deemed guilty of a misdemeanor and upon conviction
of any such violation such person shall be punished by a fine of not
less than one dollar ($1.00) and not more than two thousand dollars
($2,000.00). Each and every day, or portion thereof, during which
any violation of any of the provisions of this chapter is committed,
continued or permitted, shall be deemed a separate offense.
(Ordinance O-20-009, sec. 2, adopted 5/7/20)
