City of Pflugerville, TX Solid Waste

New Year’s Day (January 1st).

Thanksgiving Day.

Christmas Day (December 25th).

INDUSTRIAL UNIT.

Any manufacturing, mining or agricultural facility that generates and accumulates Municipal Solid Waste, Construction and Demolition Waste, or Recyclable Materials during, or as a result of, its operations.

LANDFILL.

Any facility or area of land receiving Municipal Solid Waste or Construction and Demolition Waste and operating under the regulation and authority of the Texas Commission on Environmental Quality (TCEQ) within the state, or the appropriate governing agency for landfills located outside the state.

MUNICIPAL SOLID WASTE.

Solid Waste resulting from or incidental to municipal, community, commercial, institutional or recreational activities, or manufacturing, mining, or agricultural operations. Municipal Solid Waste does not include Construction and Demolition Waste or Hazardous Waste.

PREMISES.

Any apartment, business, industrial or institutional building or residence where persons work or reside, where animal or vegetable food is prepared or served, or Solid Waste accumulates or occurs.

PRODUCER.

An occupant of a Commercial and Industrial Unit or a Residential Unit who generates refuse.

RECYCLABLE MATERIALS.

Newspapers, magazines, and catalogs, and other paper items such as mail, paper bags, office paper, envelopes, cereal and soda drink boxes, corrugated cardboard, phone books or other paper;

Glass bottles and jars (excluding mirrors, windows, ceramics, light bulbs, dishes, cups, and other glass products);

SPECIAL NEEDS RESIDENTIAL UNIT.

Metal cans composed of tin, steel or aluminum, metal lids from glass jars, empty aerosol cans (excluding scrap metal); and

(4)

Plastic containers including all varieties of the types designated as #1, #2, #3, #4, #5, #6, and #7.

RECYCLING CONTAINER.

A container with at least ninety-five (95) gallons of capacity and provided by the service provider for the collection of Recyclable Materials.

RESIDENTIAL UNIT.

Any residential dwelling that is designed for, and inhabited by, a single person or family unit and that generates and accumulates Municipal Solid Waste and Recyclable Materials.

ROLL-OFF.

A Container with twenty (20) cubic yards to forty (40) cubic yards of capacity.

ROLL-OUT.

A Container with ninety-five (95) gallons of capacity.

SINGLE-STREAM RECYCLING.

A recycling process in which all Recyclable Materials are commingled and collected with no sorting required.

SOLID WASTE.

As defined by the EPA under 40 C.F.R. 261.2(a)(1), or by the state under the Solid Waste Disposal Act 361.003(34) whether such waste is mixed with or constitutes Recyclable Materials.

Any Residential Unit that is inhabited by persons, all of whom are physically unable to place Municipal Solid Waste or Recyclable Materials at the curbside, and that generates and accumulates Municipal Solid Waste and Recyclable Materials. The identities of the members of a Special Needs Residential Unit shall be certified by the City Manager and agreed to by the service provider.

STABLE MATTER.

All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.

UTILITY BILL.

Any bill sent in accordance with § 53.102.

WHITE GOOD.

Any item measuring in excess of three (3) cubic feet in size and that is manufactured primarily from metal, including but not limited to, a bath tub, heater, hot water heater, refrigerator, sink or washer and dryer.

YARD WASTE.

All grass clippings and tree, shrub, or brush trimmings.

(Ordinance 412-94-11-22, passed 11-22-94; Am. Ordinance 790-05-07-12, passed 7-12-05; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.02 DUTIES OF RESIDENTIAL CUSTOMERS.

Every Residential customer within the corporate limits of the City must use City residential refuse collection services and is encouraged to use City Single-Stream Recycling and must:

Securely keep all residential refuse that may accumulate upon such premises within provided Containers.

Bundle tree trimmings, brush, Christmas trees or limbs in lengths not exceeding forty-eight (48) inches in length, four (4) inches in diameter, or two (2) cubic yards.

Maintain and keep Containers in a location and in such a manner on the premises so as not to constitute a public nuisance or give an undesirable appearance.

Place provided Containers, Recycling Containers and Bundles at the edge of such premises adjacent to the street by 7:00 a.m. on the days assigned by the City Council for pickup and removal of residential refuse and recyclable materials, and return same to their respective places of keeping after pickup on the same day as pickup.

Place, or cause to be placed, all refuse which may accumulate upon such premises into required Containers; provided, however, that as far as practicable, all water and liquid have been eliminated therefrom.

(F)

Promptly report the presence of any dead animals upon any premises or streets or alleys to the Chief of Police.

(G)

Promptly clean up any solid waste which becomes scattered by whatever means on such premises.

(Ordinance 412-94-11-22, passed 11-22-94; Am. Ordinance 505-98-09-22, passed 9-22-98; Ordinance 1033-09-12-08, passed 12-8-09 Penalty, see § 52.99)

§ 52.03 UNLAWFUL CONDUCT.

It shall be unlawful for any person in possession or control of any premises located within the corporate limits to:

Pour liquid over solid waste or into required containers.

Deposit any dangerous or hazardous substance into required containers.

Remove the cover from any required container, except when depositing or removing the contents, or in any manner interfere with the receptacle or the contents thereof.

Place dead animals into required containers.

Remove or carry away any solid waste from premises other than one’s own without having first obtained permission from the City Council.

(F)

Burn, or permit to be burned, any solid waste.

(G)

Throw or scatter solid waste onto any premises, vacant lot, public street, alley, or sidewalk within the corporate limits.

(H)

Use any container other than one’s own for disposing of solid waste or place one’s container at a curbside other than one’s own without obtaining prior consent of such other person.

(Ordinance 412-94-11-22, passed 11-22-94; Ordinance 1033-09-12-08, passed 12-8-09 Penalty, see § 52.99)

§ 52.04 MAXIMUM WEIGHT.

No container placed for collection by a residential customer shall exceed 40 pounds. No bundle shall exceed 40 pounds.

(Ordinance 412-94-11-22, passed 11-22-94; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.05 RESIDENTIAL COLLECTION FUNDING.

The cost of residential collection service shall be paid by the City out of the municipal general fund and shall be funded by the charges set forth in § 52.06.

(Ordinance 412-94-11-22, passed 11-22-94; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.06 RATES AND CHARGES.

The rate charged by the City for removing residential refuse from the premises of each residential customer and for Single-Stream Recycling services for each residential customer will be as set forth in a separate ordinance. (See Table IX of the Table of Special Ordinances).

The City shall not be obligated to provide solid waste collection services or Single-Stream Recycling services for any premises other than that of a residential customer.

Upon the written request of a residential customer, the City Manager, or a designated representative, after reviewing the evidence presented, may in his or her discretion exempt the residential customer from the rate charged by the City for removing residential refuse from the premises provided the residential customer does not utilize the City’s residential refuse collection service and pays for commercial refuse collection services at the same location or an adjacent location.

(Ordinance 412-94-11-22, passed 11-22-94; Ordinance 505-98-09-22, passed 9-22-98; Ordinance 514-08-11-10, passed 11-10-98; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.07 BILLING AND COLLECTION.

The charges specified in this chapter shall be placed on the monthly utility bill of the residential customer and shall be due and payable in the same time and manner as all other charges for other utility services. If the charges prescribed on the utility bill are not paid when due, any or all services may be discontinued until such time as the charges are paid, in accordance with the procedures set forth in §§ 53.095 through 53.104. Where residential refuse and/or recyclable material collection service is required at premises not served with other utilities, the person requiring such service shall execute a written agreement for such service, and shall deposit the sum set forth in a separate ordinance to be held as security for payment of monthly charges accruing in the future.

(Ordinance 412-94-11-22, passed 11-22-94; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.08 FRANCHISE REQUIRED FOR COMMERCIAL COLLECTION.

The City is hereby authorized to grant, and it shall be unlawful for a commercial service provider to operate within the City or to occupy or use the streets of the City to provide service to commercial or industrial customers, unless the commercial service provider has been issued a franchise which is in force and effect.

(Ordinance 790-05-07-12, passed 7-12-05; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.09 TERMS OF FRANCHISE.

Non-exclusivity.

The franchise shall be non-exclusive.

Franchise fee/late fee.

In consideration of the grant of the franchise, the commercial service provider agrees to pay the City a franchise fee equal to six percent (6%) of gross revenues for services provided in the City. The franchise fee shall be paid each quarter, within thirty (30) days after the end of the quarter. The City may inspect the books of a commercial service provider with or without previous notice, at any time during regular business hours. A ten percent (10%) penalty will be assessed on delinquent amounts. An additional ten percent (10%) penalty will be added for every month or portion thereof that said payment is late.

Termination.

The franchise may be terminated by mutual agreement of the parties at any time or may be terminated upon sixty (60) days’ notice by either party to the other.

Notices.

All notices from a commercial service provider to the City concerning the franchise shall be addressed to the City Manager, City of Pflugerville, P. O. Box 589, Pflugerville, Texas 78691.

Non-waiver.

A commercial service provider shall not be excused from complying with any of the terms and conditions of the franchise by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.

(Ordinance 790-05-07-12, passed 7-12-05; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.10 COMMERCIAL AND INDUSTRIAL CUSTOMERS.

Applicability.

Except where exempted in subsection (B) below, Commercial and Industrial Customers existing at the effective date of this chapter shall comply with the following standards concerning screening and enclosure of Containers.

Exemption from Standards.

Commercial and Industrial Customers located in the General Industrial District.

Screening is not required for Containers with a capacity of less than or equal to 90 gallons unless more than two such Containers are used.

The City Manager has the authority to waive these standards if it can be established that compliance with Container placement and screening is not feasible. The waiver must be requested in writing with clearly established reasons for noncompliance.

Standards.

Containers shall observe the same front and side setbacks as existing buildings located on the site.

Containers larger than 90 gallons shall be located on a hard surface such as concrete, asphalt paving or compacted base material.

Customers with reasonable access to alleys shall have Container enclosures located and designed for alley access, providing for the use of side-loading Containers when necessary.

(4)

Containers that utilize alley access shall screen only the sides of the Container visible from adjacent streets.

(5)

Containers not utilizing alley access shall be screened on four sides, using an enclosure that screens the Container from view at the property line.

(6)

Screening, where required, shall be a minimum of six feet (6') in height and shall be comprised of:

(a)

Brick, stone, reinforced concrete, or other similar masonry materials; or

(b)

Redwood, cedar, preservative pressure-treated wood, or other similar materials; and

(c)

All fence posts shall be rust-protected metal, concrete-based masonry or concrete pillars; and

(d)

Six-inch concrete filled steel pipes shall be located to protect the enclosure from truck operations.

(7)

Container enclosures shall have access doors with spring-loaded hinges or the equivalent and fasteners to keep them closed. When in use, tie-backs should be used to secure the access doors in the open position.

(8)

Container screening and the approach to Containers shall be maintained by the owner at all times.

(Ordinance 790-05-07-12, passed 7-12-05; Am. Ordinance 825-06-04-25, passed 4-25-06; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.11 COMMERCIAL COLLECTION RULES AND PROCEDURES.

Operation Hours.

Collection may not occur before 7:00 a.m. or after 7:00 p.m.

Vehicle Condition.

All vehicles must be maintained in proper operating condition, and vehicles with an unsafe or unhygienic appearance may not be operated within the City. Any spill of hydraulic fluid, oil or other substance from the commercial service provider’s vehicles must be promptly and diligently cleaned up and remediated. All vehicles must be clearly identified with the commercial service provider’s identity and telephone number on each side of the vehicle. All vehicles must be properly and adequately covered, and no refuse or waste may be permitted to blow out of the vehicles or containers.

Property Condition.

The commercial service providers must take all steps necessary to ensure that areas where refuse is collected are left in a neat and litter-free condition, and skid marks are not left on the street as a result of vehicles routinely stopping too abruptly. Use of air brakes to stop near residences is prohibited, except in emergency conditions.

Safety.

Drivers must observe all safety laws, including speed limit and traffic-control signs.

Disposal.

The collected waste shall be disposed of in a manner complying with all City ordinances, state laws and regulations and all federal laws and regulations pertaining to the disposal of solid waste. No waste shall be burned, except in an incinerator complying with all applicable state and county laws and regulations and federal laws and regulations.

(Ordinance 790-05-07-12, passed 7-12-05; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.12 COMMERCIAL BUILDING PERMIT CONDITIONS.

Before a building permit shall be issued for construction of any commercial or industrial unit, plans for the adequacy, location and accessibility of Containers and enclosure structures must be approved by the City. No certificate of occupancy shall be issued until such approval has been obtained.

(Ordinance 790-05-07-12, passed 7-12-05; Ordinance 1033-09-12-08, passed 12-8-09)

§ 52.13 INSURANCE, INDEMNITY AND BOND.

Insurance.

A commercial service provider must secure and maintain in effect insurance to protect the commercial service provider, its employees, and the City from claims for bodily injuries, death or property damage which may arise out of the commercial service provider’s performance or nonperformance of its duties under the franchise, whether that performance or nonperformance is by the commercial service provider or one directly or indirectly employed by the commercial service provider. The following minimum levels of coverage are required:

Public liability and property damage (no pollution exclusion endorsement is permitted):

(a)

General Liability: $1,000,000 per occurrence.

(b)

Property Damage: $1,000,000 per occurrence.

(c)

Automobile Liability: $1,000,000.

Umbrella Liability: $1,000,000.

Worker’s Compensation: As required by law.

(4)

Employer’s Liability: $500,000.

Certificates of insurance confirming coverage and naming the City as an additional insured must be provided to the City on or before the date of the granting of the franchise, and renewal certificates must be provided to the City at least 15 days prior to the date of expiration of any required coverage. A commercial service provider’s failure to maintain any required insurance or to furnish any required certificate will be grounds for termination of the franchise. All insurance certificates must confirm that the insurance may not be terminated or materially changed without 30 days prior notice to the City.