For the purpose of this division, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Special waste.
Any commercial or residential garbage, trash, rubbish, hazardous waste, infectious waste, or other solid waste that because of its quantity, concentration, physical or chemical characteristics or biological properties is not collectable by the city’s solid waste department.
(1995 Code, sec. 53.01; Ordinance 3214 adopted 10/15/1996; Ordinance 3795 adopted 9/20/2005)
Any person violating any provision of this division shall, upon conviction, be fined in a sum not exceeding $2,000.00. Each day that a provision of this division is violated shall constitute a separate and distinct offense.
(1995 Code, sec. 53.99; Ordinance 3214 adopted 10/15/1996; Ordinance 3795 adopted 9/20/2005)
(a) 
The director of the city’s solid waste services department shall keep a list of special waste that is not acceptable for collection and disposal by the solid waste services department. The head of the solid waste department may also make rules regarding the collection and disposal by the city’s sanitation division of any garbage, rubbish, trash or other solid waste that requires special preparation or handling to meet the requirements of any state or federal law regulation, which are otherwise necessary to safely and properly collect, transport and provide for disposal. The list of special waste and the rules shall be written and kept on file by the head of the solid waste services department and be available for public inspection during regular business hours.
(b) 
No person shall deposit any special waste in any container serviced by the city’s solid waste services department. The city solid waste department may refuse to collect, transport or dispose of special waste that does not comply with this division.
(c) 
The property owner shall be responsible for arranging with a state commission on environmental quality authorized private hauler for the collection, removal and disposal of any special waste that the city’s solid waste services department will not collect.
(1995 Code, sec. 53.02; Ordinance 3214 adopted 10/15/1996; Ordinance 3795 adopted 9/20/2005)
Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property or other property not entitled to receive residential garbage collection services shall arrange, by contract with the city, for commercial garbage collection and disposal services from the city’s solid waste department, except as otherwise specified in this division.
(1995 Code, sec. 53.03; Ordinance 3214 adopted 10/15/1996; Ordinance 3795 adopted 9/20/2005)
(a) 
No person shall collect or remove for compensation from any property within the city any special waste without first obtaining a special waste hauler’s permit from the division of solid waste.
(b) 
Each year, property owners or private special waste haulers are required to provide proof of state commission on environmental quality authorization to the director of the solid waste services department.
(1995 Code, sec. 53.04; Ordinance 3795 adopted 9/20/2005)
With the exception of curbside collection of recycling, the city’s solid waste services department shall be the exclusive provider of residential and commercial garbage, rubbish, recyclable refuse and other collection and disposal services for all premises within the city, and it shall be unlawful for any other person to provide residential or commercial garbage, rubbish or refuse collection or disposal services to any person for compensation within the city, or to make use of the public streets for that purpose, without prior approval of the city’s solid waste services department.
(1995 Code, sec. 53.05; Ordinance 3214 adopted 10/15/1996; Ordinance 3795 adopted 9/20/2005; Ordinance 4839 adopted 11/17/2020)
For the purpose of this part, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Animal waste.
(1) 
Carcasses of animals intentionally exposed to pathogens;
(2) 
Body parts of animals intentionally exposed to pathogens;
(3) 
Whole bulk blood and blood products, serum, and other blood components from animals intentionally exposed to pathogens; and
(4) 
Bedding of animals intentionally exposed to pathogens.
Blood and blood products.
All waste bulk human blood, serum, plasma and other blood components.
Bulk blood or body fluids.
A volume of 100 milliliters or more.
Microbiological waste.
(1) 
Cultures and stocks of infectious agents and associated biologicals;
(2) 
Cultures of specimens from medical, pathological, pharmaceutical, research, clinical, commercial and industrial laboratories;
(3) 
Discarded live and attenuated vaccines;
(4) 
Disposable culture dishes; and
(5) 
Disposable devices used to transfer, inoculate and mix cultures.
Pathological waste.
(1) 
Human materials removed during surgery, labor and delivery, autopsy, or biopsy, including:
(A) 
Body parts;
(B) 
Tissues or fetuses;
(C) 
Organs; and
(D) 
Bulk blood and body fluids;
(2) 
Products of spontaneous human abortions, including body parts, tissue, fetuses, organs, and bulk blood and body fluids, regardless of the period of gestation;
(3) 
Laboratory specimens of blood and tissue after completion of laboratory examination; and
(4) 
Anatomical remains.
Sharps.
Shall include the following materials when contaminated:
(1) 
Hypodermic needles;
(2) 
Hypodermic syringes with attached needles;
(3) 
Scalpel blades;
(4) 
Razor blades and disposable razors used in surgery, labor and delivery, or other medical procedures;
(5) 
Pasteur pipettes; and
(6) 
Broken glass laboratories.
Special waste from health care related facilities.
A solid waste which, if improperly treated or handled, may serve to transmit an infectious disease, and which is comprised of the following:
(1) 
Animal waste;
(2) 
Bulk blood and blood products;
(3) 
Microbiological waste;
(4) 
Pathological waste; and
(5) 
Sharps.
(1972 Code, sec. 13-30; Ordinance 2933 adopted 2/16/1993; 1995 Code, sec. 53.20; Ordinance 3795 adopted 9/20/2005)
(a) 
This part does not apply to waste generated by the operation of:
(1) 
Single- or multi-family dwellings; and
(2) 
Hotels, motels, or other accommodations which provide lodging and other service for the public.
(b) 
This part does not apply to:
(1) 
Teeth;
(2) 
Human tissue, including fetal tissue, donated for research or teaching purposes, with the consent of the person authorized to consent as otherwise provided by law, to an institution of higher learning, medical school, a teaching hospital affiliated with a medical school, or a research institution or individual investigator subject to the jurisdiction of an institutional review board required by 42 USC 289; and
(3) 
Placentas designated for sale and obtained from a licensed hospital or a licensed birthing center.
(c) 
This part does apply to special waste from health care related facilities generated by the operation of the following publicly or privately owned or operated health care related facilities, including, but not limited to:
(1) 
Ambulatory surgical centers;
(2) 
Abortion clinics;
(3) 
Birthing centers;
(4) 
Blood banks and blood drawing centers;
(5) 
Clinics, including but not limited to medical, dental, and veterinary;
(6) 
Clinical, diagnostic, pathological or biomedical research laboratories;
(7) 
Educational institution health centers;
(8) 
Educational institution research laboratories;
(9) 
Emergency medical service providers;
(10) 
End stage renal dialysis facilities;
(11) 
Funeral establishments;
(12) 
Home health agencies;
(13) 
Hospitals;
(14) 
Long-term care facilities;
(15) 
Mental health and mental retardation facilities, including but not limited to hospitals, schools, and community centers;
(16) 
Minor emergency centers;
(17) 
Occupational health clinics and clinical laboratories;
(18) 
Pharmacies;
(19) 
Pharmaceutical manufacturing plants and research laboratories;
(20) 
Professional offices, including but not limited to the offices of physicians and dentists;
(21) 
Special residential care facilities; and
(22) 
Veterinary clinical and research laboratories.
(1972 Code, sec. 13-31; Ordinance 2933 adopted 2/16/1993; 1995 Code, sec. 53.21; Ordinance 3795 adopted 9/20/2005)
(a) 
A person commits an offense if that person disposes of special waste from a health care related facility by placing, or by permitting another person to place, such special waste in any refuse container used by the city refuse collection service.
(b) 
A person commits an offense if that person disposes of special waste from a health care related facility by discarding, or by permitting another person to discard, such special waste with routine municipal solid waste.
(c) 
It is an affirmative defense to prosecution under this section that the special waste from a health care related facility has been treated by on-site incineration by the generator of the waste and is disposed of in accordance with the provisions of 25 Tex. Admin. Code, part 1, chapter 1, subchapter K.
(1972 Code, sec. 13-32; Ordinance 2933 adopted 2/16/1993; 1995 Code, sec. 53.22; Ordinance 3795 adopted 9/20/2005)