For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
BAGS.
Plastic sacks, secured at the top, designed to store refuse
with sufficient wall strength to maintain physical integrity when
lifted by the top. Total weight of a bag and its contents shall not
exceed 40 lbs.
BULKY ITEMS.
Any item measuring in excess of either forty-eight (48) inches
in length, four (4) inches in diameter, or two (2) cubic yards, including,
but not limited to, refrigerators, stoves, washing machines, water
tanks, chairs, couches and other similar household items.
BUNDLES.
Items not measuring in excess of either forty-eight (48)
inches in length or forty (40) pounds in weight and which are securely
fastened together, including, but not limited to, brush, newspapers,
Christmas trees, and tree trimmings.
BUSINESS DAY.
Any day that is not a Saturday, a Sunday or other day on
which City offices are closed.
COMMERCIAL AND INDUSTRIAL CUSTOMER.
A person, group of persons, or entity responsible for the
operations, including the arrangement of and/or payment for refuse
collection service, of a commercial or industrial unit.
COMMERCIAL AND INDUSTRIAL REFUSE.
All Bulky Items, Construction and Demolition Waste, Garbage,
rubbish, and Stable Matter generated by a Producer at a Commercial
or Industrial Unit.
COMMERCIAL SERVICE PROVIDER.
A person who engages in the business of providing refuse
collection services to Commercial and Industrial Customers or Units
within the corporate limits of the City.
COMMERCIAL UNIT.
Any nonmanufacturing commercial facility that generates and
accumulates Municipal Solid Waste, Construction and Demolition Waste,
or Recyclable Materials during, or as a result of, its business, including,
but not limited to, restaurants, stores, and warehouses.
CONSTRUCTION AND DEMOLITION WASTE.
Solid waste resulting from construction or demolition activities
or that is directly or indirectly the byproduct of such activities.
(Some of these items may include, but are not limited to, cartons,
concrete, excelsior, gypsum board, metal, paper, plastic, rubber and
wood products.) Construction and Demolition Waste does not include
Hazardous Waste, Solid Waste, Recyclable Materials, or Bulky Items.
CONTAINER.
Any receptacle, including, but not limited to, dumpsters,
Roll-offs and Roll-outs, provided to the City by the service provider
and utilized by a Commercial, Industrial or Residential Unit for collecting
Solid Waste, Construction and Demolition Waste or Recyclable Materials.
Containers are designed to hold between thirty (30) gallons and forty
(40) cubic yards of Solid Waste.
DEAD ANIMALS.
Animals or portions thereof equal to or greater than ten
pounds in weight that have expired from any cause, except those slaughtered
or killed for human use.
GARBAGE.
Any and all dead animals of less than ten pounds in weight,
except those slaughtered for human consumption; every accumulation
of waste (animal, vegetable and/or other matter) that results from
the preparation, processing, consumption, dealing in, handling, packing,
canning, storage, transportation, decay or decomposition of meats,
fish, fowl, birds, fruits, grains or other animal or vegetable matter
(including, but not by way of limitation, used tin cans and other
food containers; and all putrescible or easily decomposable waste
animal or vegetable matter which is likely to attract flies or rodents);
except (in all cases) any matter included in the definition of Bulky
Items, Construction and Demolition Waste, Dead Animals, Hazardous
Waste, or Stable Matter.
HAZARDOUS WASTE.
Waste identified or listed as a hazardous waste by the administrator
of the United States Environmental Protection Agency (EPA) under the
federal Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976, as amended, or so classified by any federal
or state statute, rule, order or regulation.
HOLIDAYS.
The following days:
(1)
New Year’s Day (January 1st).
(3)
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.
(1)
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;
(2)
Glass bottles and jars (excluding mirrors, windows, ceramics,
light bulbs, dishes, cups, and other glass products);
(3)
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.
SPECIAL NEEDS RESIDENTIAL UNIT.
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.
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)
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:
(A) Securely
keep all residential refuse that may accumulate upon such premises
within provided Containers.
(B) 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.
(C) 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.
(D) 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.
(E) 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)
It shall be unlawful for any person in possession or control
of any premises located within the corporate limits to:
(A) Pour
liquid over solid waste or into required containers.
(B) Deposit
any dangerous or hazardous substance into required containers.
(C) 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.
(D) Place
dead animals into required containers.
(E) 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)
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)
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)
(A) 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).
(B) 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.
(C) 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)
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)
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)
(A) Non-exclusivity.
The franchise shall be non-exclusive.
(B) 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.
(C) 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.
(D) 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.
(E) 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)
(A) 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.
(B) Exemption
from Standards.
(1) Commercial
and Industrial Customers located in the General Industrial District.
(2) 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.
(3) 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.
(C) Standards.
(1) Containers
shall observe the same front and side setbacks as existing buildings
located on the site.
(2) Containers
larger than 90 gallons shall be located on a hard surface such as
concrete, asphalt paving or compacted base material.
(3) 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)
(A) Operation
Hours.
Collection may not occur before 7:00 a.m. or after
7:00 p.m.
(B) 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.
(C) 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.
(D) Safety.
Drivers must observe all safety laws, including speed limit
and traffic-control signs.
(E) 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)
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)
(A) 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:
(1) 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.
(2) Umbrella
Liability: $1,000,000.
(3) 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.
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(B) Indemnity.
The commercial service provider shall also execute an agreement
providing that, to the fullest extent permitted by law, the commercial
service provider will and does hereby indemnify and hold harmless
the City and its officers, directors, agents and employees from and
against all claims, damages, losses and expenses, including, but not
limited to, attorney’s fees, arising out of or resulting from
the performance or failure to perform the work required under the
franchise. This obligation will not be construed to negate or reduce
any other right or obligation of indemnity that would otherwise exist.
This indemnification requirement will not be limited by any limitation
on the amount or type of damages, compensation or benefits payable
by or for the commercial service provider under any workers compensation
acts, disability benefit acts or other employee benefit acts.
(Ordinance 790-05-07-12, passed 7-12-05; Ordinance 1033-09-12-08, passed 12-8-09)
Any person found to be violating the provisions of §§
52.02,
52.03,
52.08,
52.10,
52.11 or
52.13 shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $2,000.00. Each day of such violation shall constitute a separate offense. Such penalty shall be cumulative and not exclusive of any other rights or remedies the City may have.
(Ordinance 412-94-11-22, passed 11-22-94; Am. Ordinance 790-05-07-12, passed 7-12-05; Ordinance
825-06-04-25, passed 4-25-06; Ordinance 1033-09-12-08, passed 12-8-09)