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)