ARTICLE 13.05 LANDFILL REGULATIONS

All garbage, refuse matter, or permitted waste material of any kind taken to the city solid waste landfill shall be placed and deposited upon the solid waste landfill under the direction of, and shall be inspected by, an authorized person under the sanitation department. Authorized landfill employees are not required to accept any solid waste which they determine will cause problems in maintaining full and continuous compliance with this article and any applicable federal or state statutes or regulations.

The unloading of wastes in unauthorized areas is prohibited. Any waste deposited in an unauthorized area shall be removed by the generator or transporter of the waste and disposed of properly.

The unloading of prohibited wastes shall not be allowed. Any prohibited waste shall be returned promptly to the transporter or generator of the waste.

A working face monitor shall inspect each load and shall have the authority and responsibility to reject unauthorized loads, have unauthorized material removed by the transporter and/or assess appropriate surcharges and have the unauthorized material removed by on-site personnel.

§ 13.05.005 Persons allowed on landfill.

Screening of deposited waste materials may be conducted by landfill personnel as required by state regulations. It shall be unlawful for any person transporting wastes to the landfill to evade said screening.

(f)

Disposal of large, heavy, or bulky items which cannot be incorporated in the regular spreading, compaction, and covering operations shall be in special collection areas for recycling.

(g)

It shall be unlawful for any person to interfere with an authorized landfill employee in the discharge of his duty.

(Ordinance 688 adopted 11/9/21)

Only employees of the city, city officials, city officers directing operations of the sanitation department and private persons delivering garbage or other permitted solid waste materials to the city solid waste landfill are allowed on the landfill. All other persons are prohibited therefrom. It shall be unlawful for any person to remain on the landfill when ordered to leave by an authorized city employee engaged in the lawful enforcement of any of the provisions of state law, state regulations or this article.

(Ordinance 688 adopted 11/9/21)

§ 13.05.006 Acceptance of waste.

The disposal of any and all wastes in the solid waste landfill shall be at the discretion of the city and the city shall not be responsible for the acceptance of any wastes into said landfill for any reason whatsoever if the acceptance is deemed to not be in the city’s interest by the sanitation superintendent, or if it is determined that acceptance will cause problems in maintaining full and continuous compliance with this article and/or any applicable federal or state statutes or regulations.

(Ordinance 688 adopted 11/9/21)

§ 13.05.007 Materials spilled along the route to landfill.

Transporters or drivers of vehicles transporting waste to the landfill shall not permit waste to blow or spill from the vehicle transporting such wastes.

Persons allowing wastes to be spilled along and within the right-of-way of any public access road serving the landfill, or any city street or alley, shall be responsible for the cleanup of all such waste materials spilled along said right-of-way. Assessments or additional fees may be charged for cleanup activities conducted by city employees.

§ 13.05.008 Charges for disposal of waste.

Access to the landfill may be denied to any person allowing wastes to be spilled along and within the right-of-way of any public access road serving the landfill, or any city street or alley, and said person may be required to secure future loads as a condition for continued access to the landfill.

(Ordinance 688 adopted 11/9/21)

Generally.

All persons, contractors and commercial haulers, regardless of residency, desiring to dispose of waste material for which the city sanitary landfill is permitted to receive, shall:

Be required to place their vehicle, truck or trailer on the scales located at the city sanitary landfill upon arrival at the landfill, dump their waste material as directed by city officials, and place their vehicle, truck or trailer on the scales before leaving so the proper charge may be assessed by the city officials.

Be required to pay the following fees before leaving the city sanitary landfill:

For waste material deposited weighing up to 750 lbs., a flat fee of $15.00 will be charged.

For waste material more than 750 lbs. but less than one ton (2,000 lbs.), a fee of $0.02 per lb. shall be charged. For illustrative purposes only, if 1,000 lbs. of waste material is deposited, a fee of $20.00 will be charged.

For waste material deposited weighing one ton or greater, a fee will be charged according to the following table:

Type of Waste	Charge per Ton
Any wastes to be deposited in the type I pit including: municipal solid waste (MSW)	$40.00
Construction, shingles and demolition waste deposited in the type IV pit	$40.00
Materials not deposited in a pit including: Metal and other recyclables	$40.00

Tires.

The per-unit fee for recycling and disposal of tires shall be:

Automobile tires: $5.00.

Truck tires (7.5 x 20 to 17.5 x 25): $8.00.

Larger truck tires: $10.00.

(D)

Tractor tires: $12.00.

(E)

Heavy equipment tires: $15.00.

The city reserves the right to refuse tires that may be too large or may be unsuitable for recycling or other readily available disposal.

Contaminated soils.

Contaminated soils originating within the city limits and meeting standards set forth in this article may be disposed of, if approved by the city manager, at the rate of twenty dollars ($20.00) per cubic yard.

Governmental bodies or private firms.

The city manager is authorized to enter into a contract with any other governmental body or agency or private firm for use of the sanitary landfill at rates to be negotiated, provided that said rates shall not be lower than those outlined in this section.

§ 13.05.009 Wastes requiring special handling.

Surcharge for out-of-county residents.

Before leaving the city sanitary landfill, non-residents of the county shall also be required to pay an additional surcharge fee equal to 15% of the total required charges for disposal of waste as described in section 13.005.008(a).

(Ordinance 688 adopted 11/9/21; Ordinance adopted 8/8/2023)

All waste requiring special handling by federal, state, or local regulation, if accepted, shall be charged for on a basis of actual costs incurred by special handling. Said costs shall include all administrative, labor, equipment, engineering, and property costs associated with accepting said wastes.

(Ordinance 611 adopted 11/9/10)

§ 13.05.010 Burial of dead animals.

A small animal carcass may be buried in the city solid waste landfill under the supervision of a designated employee of the city, but all such animals shall be buried at a depth of not less than three (3) feet from the surface of the earth to any part of the body of such carcass. A reasonable charge shall be collected for labor, equipment and land use. The burial of large animal carcasses is prohibited.

(Ordinance 611 adopted 11/9/10)

§ 13.05.011 Disposal of petroleum product contaminated soils.

No person shall dispose of any petroleum product contaminated soils or associated materials at the sanitary landfill or place any of such products, soil, or other materials in a mechanized collection container without the express permission of the sanitation superintendent.

§ 13.05.012 Disposal of certain materials prohibited.

Only specified petroleum product contaminated soil wastes originating from property located within the city limits may be deposited in the landfill. Any such wastes shall meet the requirements or standards for disposal as promulgated by the state commission on environmental quality and shall be tested and certified as meeting said requirements or standards by a certified laboratory. Only wastes tested and reported in an analysis conducted for said soils shall be deposited in the landfill.

(Ordinance 611 adopted 11/9/10)

No person shall dispose of any material or type of waste listed below, either in solution or solid form, at the city solid waste landfill, or within the city limits, or within 5,000 feet of its boundaries, to wit:

Any waste listed as a hazardous waste in 40 Code of Federal Regulations part 261, subparts C and D, to include any volatile organic compounds (VOCs) for which required analytical procedures provided in Environmental Protection Agency Report SW-846, Test Methods for Evaluating Solid Waste, Third Edition, November, 1986, as revised December, 1987, include Method 8260, and 15 metals for which SW-846 provides either Method 6010 or a method from the 7,000 series of methods.

Any waste determined to be hazardous pursuant to section 335.504 of the Industrial Solid Waste and Municipal Hazardous Waste Regulations promulgated by the state commission on environmental quality.

(3)

Any noxious or malodorous substance which, either singularly or by interaction with other substances, is capable of causing objectionable odors or hazard to life.

(4)

Any radioactive wastes (liquid or solid) greater than allowable releases specified by current United States Bureau of Standards handbooks dealing with the handling and release of radioactivity, and no transient concentration higher than 100 microcuries per liter shall be permitted.

(5)

Any friable or regulated nonfriable asbestos waste. (Regulated asbestos-containing material as defined in 40 CFR 61, as amended, includes friable asbestos material; category I nonfriable ACM that has become friable; category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.)

(6)

Hazardous waste.

Any solid waste identified or listed as a hazardous waste by the administrator of the U.S. Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource and Recovery Act, 42 U.S.C. 6901 et seq., as amended.

(7)

Infectious waste.

Waste containing pathogens or biologically active material which because of its type, concentration, and quantity is capable of transmitting disease to persons exposed to the waste.

(8)

Liquid waste.

Any waste material that is determined to contain “free liquids” as defined by EPA Method 9095 (Paint Filter Test), as described in Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (EPA Publication Number SW-846), including liquid septage and solid material pumped from a septic tank, cesspool, or similar sewage treatment system. Containers containing liquid waste shall not be accepted for disposal unless:

The container is a small container similar in size to that normally found in household waste;

The container is designated to hold liquids for use other than storage;

The waste is household waste.

(9)

PCB waste.

Those PCBs and PCB items that are subject to the disposal requirements of 40 CFR 761. Substances that are regulated by 40 CFR 761 include, but are not limited to, PCB articles, PCB article containers, PCB containers, PCB-contaminated electrical equipment, PCB equipment, PCB transformers, recycled PCBs, capacitors, microwave ovens, electronic equipment, and light ballasts and fixtures.

(10)

Special waste.

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 human health or the environment. If improperly handled, transported, stored, processed, or disposed of or otherwise managed, it may pose a present or potential danger to human health or the environment. Special wastes include, but are not limited to:

Hazardous wastes from small generators that may be exempt from full controls under state solid waste regulations;

Class I industrial nonhazardous waste not routinely collected with municipal solid waste;

Special waste from health care related facilities (refers to certain items of medical waste), and includes infectious and pathological wastes from health care facilities, veterinary hospitals, or laboratories;

(D)

Municipal wastewater treatment plant sludges that have not been treated by one of the processes prescribed in federal regulations under 40 CFR part 257, appendix II;

(E)

Septic tank pumpings;

(F)

Grease trap wastes and grit trap wastes, including the sediment accumulated by carwashes, wash racks, and other types of vehicle washing facilities;

(G)

Wastes from commercial or industrial wastewater treatment plants (except domestic sewage); air pollution control facilities; and tanks, drums, or containers used for shipping or storing any material that has not been listed as a commercial product in 40 CFR 261.33(e) or (f);

(H)

Slaughterhouse wastes;

(I)

Dead animals, except certain small animals as provided in this article;

(J)

Drugs, contaminated foods, or drink products, other than those contained in normal household wastes;

(K)

Pesticide (insecticide, herbicide, fungicide, or rodenticide) containers that have not been triple rinsed;

(L)

Discarded materials containing asbestos, except as provided in this article;

(M)

Incinerator ash;

(N)

Soil contaminated by petroleum products, crude oils, or chemicals;

(O)

Used oil, except at state registered recycling sites;

(P)

Light ballasts and/or small capacitors containing polychlorinated biphenyl (PCB) compounds;

(Q)

Waste from oil, gas, and geothermal activities subject to regulation by the railroad commission of the state when those wastes are to be processed, treated, or disposed of at a solid waste management facility permitted under this article;

(R)

Waste generated outside the boundaries of the state that contains:

(i)

Any industrial waste;

(ii)

Any waste associated with oil, gas, and geothermal exploration, production, or development activities; or

(iii)

Any item listed as a special waste in this subsection, except as provided in this article;

(S)

Any waste stream other than household or commercial garbage, refuse, or rubbish;

(T)

Lead acid storage batteries, except at state certified recycling sites;

(U)

Used oil filters from internal combustion engines, except at state certified recycling sites.

(11)

Any whole used or scrap tire, except at state certified recycling sites.

(12)

Any refrigerator, freezer, air conditioner or any other item containing chlorinated fluorocarbon (CFC) unless all the CFC contained in that item is captured and sent to an approved CFC disposal site or recycling facility. Items with ruptured lines or holes in the CFC unit shall not be accepted unless the generator or transporter provides written certification that the CFC has been evacuated from the unit and that it was not knowingly allowed to escape into the atmosphere.

(13)

Any other waste which may be designated as a prohibited waste by the state commission on environmental quality, the federal Environmental Protection Agency or any other federal, state or local agency having jurisdiction to declare certain materials as hazardous or injurious to man or the environment.

(14)

Any other wastes which may be designated as special wastes by the state commission on environmental quality and not allowed elsewhere herein.

(Ordinance 611 adopted 11/9/10)

§ 13.05.013 Industrial solid wastes.

Industrial solid wastes originating within the city limits, or within areas of the county covered by a landfill services contract or agreement, may be accepted only under the following conditions:

Class 1 industrial solid wastes are prohibited, except with prior written approval of the state commission on environmental quality and a written contract approved by the city manager, provided the acceptance of such waste does not interfere with site operation.

Class 2 industrial solid wastes, except special wastes, may be accepted provided that the acceptance of such waste does not interfere with site operation.

(3)

Class 3 industrial solid waste may be accepted, provided the acceptance of such waste does not interfere with the operation of the landfill.

Any industrial waste for which there is insufficient information, either by process knowledge or analytical data, shall automatically be classified as a class 1 industrial waste and shall not be disposed of in the landfill.

Empty containers shall be classified according to the materials held in the container and any treatment applied to the empty container. A container which has held a hazardous substance, a hazardous waste, or a class 1 waste is automatically classified as a class 1 waste. However, any such container may be classified as a class 2 waste if it has been emptied and cleaned as described in this section. A container which has held class 2 wastes is classified as a class 2 waste.

§ 13.05.014 Construction and demolition wastes.

Paper, cardboard, food wastes, glass, aluminum foil, plastics, styrofoam and other types of food packaging and general office trash is designated as “plant refuse” and classified as class 2 waste. Plant waste shall not include oils, lubricants, oil filters, contaminated soils, sludges, wastewaters, or any other waste which would be subject to the class 1 waste criteria.

(Ordinance 611 adopted 11/9/10)

Only construction and demolition wastes originating from property located within the city limits shall be allowed to be deposited in the landfill, unless said disposal is allowed by a contract or agreement.

Transporters or drivers of vehicles transporting construction and demolition waste to the landfill shall not permit waste to blow or spill from the vehicle transporting such wastes.

All construction and demolition wastes taken to the city solid waste landfill shall be placed and deposited at the solid waste landfill under the direction of and shall be inspected by authorized landfill employees. Said employees are not required to accept any construction and demolition wastes which they determine will cause operational problems.

The unloading of construction and demolition wastes in unauthorized areas is prohibited. Any construction and demolition wastes deposited in an unauthorized area shall be removed and disposed of properly by the person transporting said wastes.

§ 13.05.015 Trees, brush and yard wastes.

No construction or demolition wastes mixed or commingled with any other type of waste shall be accepted at the landfill.

(f)

Disposal of large, heavy, or bulky construction and demolition wastes which cannot be incorporated in the regular spreading, compaction, and covering operations may be prohibited. The disposal of large and/or heavy rocks, pieces of concrete or any other heavy material is prohibited. Landfill employees shall require that said materials be broken into smaller pieces before disposal.

(Ordinance 611 adopted 11/9/10)

Transporters or drivers of vehicles transporting trees, brush and yard wastes to the landfill shall not permit waste to blow or spill from the vehicle transporting such wastes.

All trees, brush and yard wastes taken to the city solid waste landfill shall be placed and deposited upon the solid waste landfill under the direction of and shall be inspected by authorized landfill employees. Said employees are not required to accept any trees, brush and yard wastes which they determine will cause operational problems.

The unloading of trees, brush and yard wastes in unauthorized areas is prohibited. Any trees, brush and yard wastes deposited in an unauthorized area shall be removed and disposed of properly by the person transporting said wastes. Trees, brush and yard wastes shall be deposited in an area designated for recycling of said materials.

No trees, brush or yard wastes mixed or commingled with any other type of waste shall be accepted at the landfill.

All trees and tree stumps taken to the landfill shall be trimmed free of branches and cut into lengths not to exceed ten inches (10") in diameter and four feet (4') in length, and the weight of such lengths shall not exceed sixty (60) pounds.

(Ordinance 611 adopted 11/9/10)

§ 13.05.016 Agricultural wastes.

Agricultural wastes are classified as industrial solid wastes and shall be disposed of according to the provisions of this article providing for the disposal of industrial wastes. Only class 2 and class 3 industrial wastes may be accepted, provided that the acceptance of said wastes does not interfere with site operation.

Any agricultural waste which because of its concentration or physical or chemical characteristics is toxic, corrosive, flammable, or a strong sensitizer or irritant, or a generator of sudden pressure by decomposition, heat, or other means and may pose a substantial present or potential danger to human health or the environment when improperly processed, stored, transported, or otherwise managed, or otherwise classified as a hazardous waste or class 1 industrial waste, shall not be disposed of in the landfill.

Empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides may be disposed of at the landfill provided that:

The containers are triple-rinsed prior to receipt at the landfill (triple rinse: to rinse a container three times using a volume of solvent equal to ten percent of the volume of the container or liner for each rinse);

The containers are rendered unusable prior to or upon receipt at the landfill;

The containers are covered at the end of the same working day they are received.

Those containers for which triple-rinsing is not feasible or practical, such as paper bags or cardboard containers, may be disposed of if:

The generator of the wastes is a conditionally exempt small quantity generator;

The amount of wastes does not exceed 220 pounds per month per generator; and

The containers are covered at the end of the same working day they are received with at least three feet of normal solid waste.

§ 13.05.017 Wastes containing asbestos.

Treated or coated seeds, burrs or hulls are automatically classified as a class 1 waste and shall not be disposed of in the landfill.

(Ordinance 611 adopted 11/9/10)

Wastes containing nonregulated asbestos-containing materials (non-RACM) may be accepted for disposal at the landfill provided the wastes are placed on the active working face and covered at the end of the working day. The following non-RACM may be accepted at the landfill upon inspection and approval by the sanitation superintendent or an authorized landfill employee:

Category I nonfriable asbestos, including:

Gaskets;

Packing;

Resilient floor covering;

(D)

Asphalt roofing products; and

Category II nonfriable asbestos, including:

Transite asbestos shingles;

Transite asbestos pipe; and

Any nonfriable asbestos material not defined as category I that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

The following wastes containing regulated asbestos-containing materials (RACM), as defined in 40 Federal Regulations (CFR) part 61, may not be accepted for disposal at the landfill:

All friable asbestos products that, when dry, can be crushed to a powder by hand pressure, and shall include:

All blown-in insulation;

Some pipe wrapping;

Some ceiling tiles; and

Any asbestos-containing material from outside the boundaries of the state.

The sanitation superintendent or any landfill employee is authorized to reject for disposal in the landfill any asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder in the course of demolition or renovation operations; or which may become crumbled, pulverized, or reduced to powder in the course of disposal or landfill operations. It shall be unlawful for any person to fail to remove any such materials rejected for disposal from the landfill when ordered to do so by any authorized city employee. It shall be unlawful for any person to dispose of any said materials so rejected within the city limits, or within 5,000 feet of its boundaries.

§ 13.05.018 Wastes from healthcare-related facilities.

It shall be unlawful to dispose of any material containing non-RACM in the landfill or to place or allow to be placed any material containing non-RACM on any surface or roadway which is subject to vehicular traffic or disposed of by any other means by which the material could be crumbled into a friable state.

(Ordinance 611 adopted 11/9/10)

Microbiological waste, blood, blood products, body fluids, laboratory specimens of blood and tissue, and animal bedding from healthcare-related facilities which have been treated on site in accordance with the provisions of 25 TAC 136(a) (section 1.136(a)) may be disposed of in the landfill as routine municipal solid waste provided any markings which identify the waste as a special waste from healthcare-related facilities are covered with a label which identifies the waste as treated medical waste.

Carcasses and body parts of animals designated as a special waste from healthcare-related facilities, recognizable human body parts, tissues, fetuses, organs and the products of human abortions, spontaneous or induced, shall not be disposed of in the landfill.

Sharps which have been treated by the following an approved methods may be disposed of in the landfill:

Broken glassware and pipettes may be placed in puncture-resistant packaging;

Hypodermic needles, syringes with attached needles, scalpel blades, and/or razors shall be placed in containers designed for sharps and encapsulated by addition of an agent to the container which will solidify and encase the contents of the container with a solid matrix; and

(3)

Sharps which have been treated by an approved method which incorporates grinding and/or shredding in the process may be disposed of as routine municipal solid waste if the sharps have been made unrecognizable and significantly reduced in ability to cause puncture wounds.