By contract dated 1st day of October, 2018, the city has outsourced the collection of solid waste to Total Roll Off, LLC dba Republic Services of Brenham, a Delaware limited liability company duly authorized to do business in the state, hereinafter referred to as “Republic Services.” Hereafter the collection of solid waste within the city limits and extraterritorial jurisdiction of the city will be governed by the following terms.
(Ordinance 1582 adopted 3/19/19)
Bags.
Plastic sacks 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 35 lbs.
Bin.
Metal receptacle designed to be lifted and emptied mechanically for use primarily at selected municipal facilities and large commercial and industrial units.
Bulky waste.
Stoves, refrigerators (with all CFC removed), water tanks, washing machines, furniture and other similar items, and, materials other than construction debris, large dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for bins or containers, as the case may be (to be collected by city).
City.
City of Bellville, Texas.
Commercial and industrial refuse.
All bulky waste, construction debris, garbage and rubbish generated by a producer at a large commercial and industrial unit.
Commercial and industrial unit.
All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the city which are not a residential unit or municipal facility.
Construction debris.
Waste building materials resulting from construction, remodeling, repair or demolition operations at a residential unit, municipal facility or large commercial and industrial unit.
Container for garbage, rubbish and yard waste collection.
A ninety-five (95) gallon receptacle purpose of curbside collection of garbage, rubbish and yard waste supplied by the contractor for residential and small commercial and is constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tightfitting lid.
Disposal site.
A waste material depository designated by contractor, including but not limited to sanitary landfills, transfer stations, incinerators, recycling facilities and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive for processing or final disposal of waste material and small dead animals.
Garbage.
Any and all small dead animals not exceeding 10 lbs; 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 excluded waste.
Multifamily.
The term multifamily shall refer to all residential dwelling units of more than one (1) unit considered to be condominiums, duplexes, apartment houses or grouped housing.
Producer.
An operator or occupant of a commercial or industrial facility or a residential unit who generates garbage, rubbish, yard waste or recyclable materials.
Residential unit.
A dwelling within the corporate limits of the city or its extraterritorial jurisdiction occupied by a person or group of persons comprising not more than four families. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate single-family dwelling units, shall be treated as a residential unit, except that each single-family dwelling within any such residential unit shall be billed separately as a residential unit. For purposes of this contract, a residential unit shall include a producer at a small commercial business whose garbage and rubbish is placed in not more than four (4) ninety-five (95) gallon containers per collection day, including but not limited to, offices, stores, service stations, restaurants, amusement centers, schools, churches, etc. located within the boundaries of the city.
Roll-off.
An open top container ranging from 20, 30 and 40 yards used for the placement of construction debris and other types of waste.
Rubbish.
All waste wood, wood chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of excluded waste.
Small dead animals.
Animals or portions thereof less than ten pounds (10 lbs.) in weight that have expired from any cause, except those slaughtered or killed for human use.
Solid waste.
Useless, unwanted or discarded materials with insufficient liquid content to be free-flowing, that result from domestic, industrial, commercial, agricultural, governmental and community operations which require proper storage, collection, transportation and disposal to prevent environmental pollution inimical to public health, safety and welfare. Solid waste does not include sewage, earth or material used to fill land in accordance with construction codes, mining residues, and slag, dissolved or suspended solids in industrial waste water effluents which are not acceptable for disposal in sanitary sewage treatment system or any material included in the definition of excluded waste.
Waste material.
Waste material is all nonhazardous, solid waste (including garbage, rubbish, yard waste and recyclable materials) generated at residential units that is not excluded by this contract. Waste material shall not include any excluded waste.
Yard waste (may be placed in 95 gallon cart).
Grass, leaves, flowers, stalks, stems, tree trimmings, branches, and tree trunks. For yard waste collection services, grass, needles, leaves, flowers, stalks, stems, and small tree trimmings. There will be no collection from personal cans or bags outside the 95 gallon contractor issued cart.
(Ordinance 1582 adopted 3/19/19)
Excluded waste (excluded from this contract).
Excluded waste is all large dead animals, hazardous waste, offal waste, stable matter, vegetable waste, and special waste.
Hazardous waste (excluded from this contract).
Hazardous waste is a form of excluded waste and is defined as any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic hazardous waste as defined by federal, state, provincial or local law or any otherwise regulated waste. Hazardous waste shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, and including future amendments thereto, and any other applicable federal, state or local laws or regulations.
Institutional solid waste (excluded from this contract).
Solid waste originating from education, health-care and research facilities such as schools, hospitals, nursing homes, laboratories and other similar establishments.
Large dead animals (excluded from this contract).
Animals or portions thereof equal to or greater than ten pounds (10 lbs.) in weight that have expired from any cause, except those slaughtered or killed for human use.
Offal waste (excluded from this contract).
Waste animal (land or marine) matter from establishments such as butcher shops, slaughterhouses, food processing and packing plants, rendering plants and fertilizer plants.
Special waste (excluded from this contract).
Special waste is a form of excluded waste and is defined as nonhazardous, solid waste that is subject to additional governmental regulations or special handling requirements in collection, transportation, processing or disposal as a result of the characteristics of, or processes which generate such waste. Special waste includes, but is not limited to:
(1) 
Waste iron from a commercial or industrial activity;
(2) 
Waste generated by an industrial process or a pollution control process;
(3) 
Waste which may contain free liquids;
(4) 
Waste which may contain residue and debris from the cleanup of a spill of petroleum, chemical or commercial products or wastes, or contaminated residuals;
(5) 
Articles from the cleanup of a facility which generates, stores, treats, recycles or disposes of chemical substances, commercial products or wastes;
(6) 
Wastes which are nonhazardous as a result of proper treatment pursuant to subtitle C of the Resource Conservation and Recovery Act of 1976 (“RCRA”);
(7) 
Asbestos containing or asbestos bearing material that has been properly secured under existing federal, state, provincial and local laws, rules and regulations;
(8) 
Containers that once contained hazardous substances, chemicals, or insecticides so long as such containers are “empty” as defined by RCRA;
(9) 
Municipal or commercial solid waste that may have come into contact with any of the foregoing;
(10) 
Filter cake sludge wastes from wastewater treatment processes;
(11) 
Wastes containing any regulated polychlorinated biphenyls; and
(12) 
Ash, sludge, tires and powders.
Stable matter (excluded from this contract).
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.
Vegetable waste (excluded from this contract).
Putrescible solid waste resulting from the processing of plants for food by commercial establishments such as canneries. This definition does not include waste products resulting from the preparation and consumption of food in places such as cafeterias and restaurants.
(Ordinance 1582 adopted 3/19/19)
(a) 
Location of polycart containers, bins for collection.
Each polycart container shall be placed at curbside for collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled city roadways (including alleys). Polycart containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, polycart containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any polycart container not so placed or any waste material not contained in the polycart container as specified in the applicable exhibit to Ordinance 1582. Contractor shall provide bins for commercial and industrial units whenever customer requests their use. Each bin shall be placed in an accessible, outside location on a hard surface according to individual agreement. Contractor may decline to collect refuse in bins not so placed or refuse not properly placed in bins.
(b) 
Hours of operation.
Collection of waste material shall not start before 7:00 a.m. or continue after 8:00 p.m. on the same day. Exceptions to collection hours shall be affected only upon the mutual agreement of the city and contractor.
(c) 
Routes of collection.
Residential unit and municipal facilities collection routes shall be established by the contractor. Contractor shall submit a map designating the residential unit and municipal facilities collection routes to the city at least two (2) weeks in advance of the commencement date for such route collection activity. Contractor shall publish at its expense a map of the residential unit collection routes in the newspapers published of such size to clearly show all pertinent information. The contractor may, from time to time, make changes in routes or days of collection affecting residential units or municipal facilities, provided such changes in routes or days of collection are submitted to the city at least two (2) weeks in advance of the commencement date for such changes. Contractor shall promptly give written or published notice to the affected residential units.
(d) 
Holidays.
(1) 
The following shall be holidays for purposes of this contract:
(A) 
New Year’s Day;
(B) 
Thanksgiving Day;
(C) 
Christmas Day.
(2) 
Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday, but such decision in no manner relieves contractor of his obligation to provide collection service at residential units at least once per week. Contractor shall notify city two (2) weeks in advance with holiday service schedule. In the event that one of the collection days falls on a holiday, we will collect your waste on the next regularly scheduled business day (excluding Sunday). In the event of an “act of God,” we will collect your waste on the following scheduled business day (excluding Sunday).
(e) 
Complaints.
All complaints shall be made directly to the contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the contractor shall investigate and, if such allegations are verified, shall arrange for the collection of waste materials not collected within 24 hours after the complaint is received.
(f) 
Collection equipment.
The contractor shall provide an adequate number of vehicles meeting standards and inspection requirements as set forth by the laws of the state for regular municipal waste collection services. For waste material collection, all vehicles and other equipment shall be kept in good repair and appearance at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the contractor.
(g) 
Office.
The contractor shall maintain an office or such other facilities through which it can be contacted by direct visit or by local (toll free) call from anywhere in the city. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. on regular collection days.
(h) 
Hauling.
All waste material hauled by the contractor shall be so contained, tied or enclosed that leaking, spilling or blowing is minimized.
(Ordinance 1582 adopted 3/19/19)
Waste materials collection and disposal rates. All fees for the services of collection of solid waste shall be billed and collected by the city and shall be payable at city hall. The rates shown in appendix A to this code shall as adjusted by ordinance from time to time as costs to the city are adjusted by the contractor.
(Ordinance 1582 adopted 3/19/19)
(a) 
Solid waste shall be collected and disposed of in a workmanlike manner one (1) time per week residential refuse placed in polycart containers at curbside at each residential unit located within the service area (“residential waste collection services”). Each residential unit shall offer no more than four (4) 95-gallon container (cart contents only).
(1) 
Number of containers to be provided to each residential unit: 1.
(2) 
Size of containers for each residential unit: 95 gallon.
(3) 
Number of waste material (excluding recyclable materials) collections each week by contractor: One (1) time per week (Wednesday).
(b) 
The contractor shall provide the polycart containers for weekly curbside collection of the waste materials from the residential units as specified below. Polycart containers shall be placed at curbside by 7:00 a.m. on the designated collection day. All garbage, yard waste and rubbish must be contained inside the polycart with the lid securely closed (no personal cans or bags outside the cart will be collected).
(Ordinance 1582 adopted 3/19/19)
Republic Services shall collect and dispose of in a workmanlike [manner] and the city agrees to pay a fee for said collection of commercial; in accordance with the commercial pricing matrix identified and described above. Industrial refuse will be billed to customer with a 5% franchise fee paid to the city.
(Ordinance 1582 adopted 3/19/19)