(a)
The accumulation of garbage, rubbish, junk, and other deleterious
substances on the premises of residential units, commercial units,
and industrial units, and in streets and alleys constitutes a public
menace and nuisance and greatly increases the danger of the spread
of infectious, contagious, and epidemic diseases. It is, therefore,
imperative and urgent for the preservation of health, safety, sanitation,
peace, and public welfare that regulations be adopted to provide for
the responsible and adequate removal of waste and waste materials
from public and private property and from streets and alleys.
(b)
Every owner or occupier of a residential unit within the corporate
limits of the city shall be required to utilize collection services
for the removal of waste generated at that residential unit and shall
contact the city to set up service prior to first occupying a residential
unit. The city's duly selected contractor shall be the exclusive provider
of such collection services for all residential units within the city
limits. It shall be unlawful for any person, firm, corporation, or
other business entity other than the city's contractor to provide
such collection services to any person for compensation within the
city or to make use of the public streets for that purpose except
as provided in this article. Provision of city water service to residential
units within the city is conditioned upon compliance with this section.
(c)
Up to and including August 31, 2024, every owner or occupier of a commercial unit or industrial unit within the corporate limits of the city shall be required to arrange by individual agreement for the collection of waste at that unit through a person, firm, corporation, or other entity, approved by and permitted by the city pursuant to division 2 of this article. Beginning on September 1, 2024, the city's duly selected contractor shall be the sole provider of collection services for waste for all owners or occupiers of commercial units and industrial units other than industrial roll off customers, temporary roll off customers, and local taxing units including Lamar County, Paris Junior College, and independent school districts. Provision of city water service to Commercial and Industrial Units within the city and subject to this subsection (c) is conditioned upon compliance with this section.
(d)
Unless as otherwise provided in this article, transporting waste
from the location of a residential or commercial or industrial unit
to another residential or commercial or industrial unit for disposal
shall be prohibited.
(e)
Nothing in this article is intended to prohibit the transportation
of recyclable solid waste from a residential unit to a designated
recycling drop-off point in the city.
(Ordinance 2024-011 adopted 3/11/2024)
For purposes of this article, the following terms shall have
the meanings herein described:
Any cuttings or trimmings from trees, shrubs, lawns, and
similar materials not exceeding four feet (4') in length or four inches
(4") in diameter. The term "brush" specifically excludes debris resulting
from the services of a commercial service provider.
Large rubbish items including, but not limited to, white
goods, bicycles, furniture, rugs, mattresses, televisions, fence material,
auto parts, and other similar oversized items which are customary
to ordinary housekeeping operations of a residential unit.
The act of removing from a customer's property waste in any
form for transport to a disposal facility.
A person or business entity that provides for compensation
tree limb cutting and removal, or complete tree and stump removal
services.
A commercial business or establishment, including, but not
limited to, a store, office, restaurant, warehouse and/or other nonmanufacturing
facility, premises, location, or entity, public or private, within
city's corporate limits.
All types of solid waste generated by commercial units, excluding
residential waste and industrial waste.
The city's owned and operated compost site located at 705
Field Road, Paris, TX, 75460.
Noncompatible waste building materials resulting from construction,
remodeling, repair, or demolition operations at a residential unit,
municipal facility, or large commercial unit, including but not limited
to carpet, cartons, concrete, excelsior, gypsum board, metal, paper,
plastic, rubber, and wood products. Construction debris does not include
hazardous waste.
The city's duly selected and procured contractor for providing
waste collection services.
In the case of a street or highway with a defined asphalt or
concrete curb establishing a vertical boundary separation between
a roadway and an adjacent lot or tract, the area within three (3)
feet of the curb that provides primary access to the unit as designated
by city;
In the case of a street or highway that is not constructed with
a curb, the area within three (3) feet of the edge of the paved area
of the street or highway that provides primary access to the unit
as designated by city; and
A facility located at 2164 S Church Street, operated by Waste
Connections Lone Star, to receive residential waste for transportation
and disposal at the Waste Connections Lone Star Landfill.
The owner or tenant of a unit located within city and identified
by city as being eligible for and in need of waste collection services.
A watertight, all-metal container, equipped with a tightfitting
metal or plastic cover and plugged to prevent drainage of leachate.
Waste materials, including building materials, sediments,
vegetative debris, personal property, and other materials resulting
from a disaster event that are generated by anyone affected by a disaster
event.
An event or occurrence, including, but not limited to, wildfires,
storms, floods, fires, tornados, earthquakes, train derailments, airplane
crashes, and similar events determined by the city manager to have
caused widespread damage and destruction to personal property.
The disposition, injection, dumping, spilling, leaking, or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air, or is discharged to the waters of the State
of Texas.
Large dead animals, hazardous waste, offal waste, stable
matter, vegetable waste, construction and demolition debris, special
waste, and unacceptable waste.
Vegetable and other food scraps, including meat, dairy products,
grease, and bones; paper that has been contaminated with food, fat,
or grease; and compostable paper including paper towels, paper plates,
tissue, and waxed paper.
Municipal solid waste (MSW) consisting of putrescible or
animal and vegetable waste materials resulting from the handling,
preparation, cooking, and consumption of food, including waste materials
from markets, storage facilities, handling and sale of produce and
other food products, and all dead animals of less than ten pounds
(10 lbs.) in weight, except those slaughtered for human consumption.
Any solid waste identified or listed as hazardous waste by
the administrator of the Environmental Protection Agency under the
Federal Solid Waste Disposal Act as amended by the Resource Conservation
and Recovery Act (RCRA) (42 U.S.C. S6901, et, seq., as amended).
An industrial business or establishment, including manufacturing
facilities, premises, locations, or entities, public or private, within
the corporate limits of city.
Solid waste resulting from or incidental to any process of
industry or manufacturing, mining, or agricultural operations.
Animals or portions thereof equal to or greater than 10 pounds
in weight that have expired from any cause, except those slaughtered
or killed for human use.
Waste generated by healthcare-related facilities and associated
with healthcare activities, not including garbage or rubbish generated
from offices, kitchens, or other non-health-care activities. The term
includes special waste from health care-related facilities which is
comprised of animal waste, bulk blood, and blood products, microbiological
waste, pathological waste, and sharps as those terms are defined in
25 TAC § 1.132 (relating to definitions).
Wastes consisting of everyday items such as product packaging,
grass clippings, furniture, clothing, bottles and cans, food scraps,
newspapers, appliances, consumer electronics, and batteries. These
wastes come from homes, institutions such as schools and hospitals,
and commercial sources such as restaurants and small businesses. Municipal
solid waste does not include municipal wastewater treatment sludges,
industrial process wastes, automobile bodies, combustion ash, or construction
and demolition debris. The term does not include source-separated
recyclable materials.
Waste animal (land or marine) matter from establishments
such as butcher shops, slaughterhouses, food processing, and packing
plants, rendering plants, and fertilizer plants.
A 95-gallon poly cart plastic container, provided by contractor
or customer, clearly marked for MSW, equipped with wheels, handles,
and a tightfitting cover, capable of being mechanically unloaded into
contractor's collection vehicles. The terms "cart" and "wheeled container"
shall be considered interchangeable.
The same as rubbish.
A residential dwelling occupied by a person or group of persons
comprising not more than four families. A residential unit, whether
a single-family, duplex, or triplex residence shall be deemed occupied
when either water or domestic light and power utilities are being
supplied to the residential unit. Each condominium dwelling, whether
of single or multi-level construction, consisting of four units, shall
be treated as a separate residential unit.
All refuse, garbage, rubbish, brush and Bulky, and other
solid waste generated by a customer at a residential unit.
Nonputrescible solid waste (excluding ashes), consisting
of both combustible and noncombustible waste materials. Combustible
rubbish includes paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, or similar materials; noncombustible
rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture,
and similar materials that will not burn at ordinary incinerator temperatures
(1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
A commercial business, which generates no more than one (1)
cubic yard of solid waste per week.
Garbage, rubbish, refuse, sludge from a wastewater treatment
plant, water supply treatment plant, or air pollution control facility,
and other discarded material, including solid, liquid, semi-solid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations and from community
and institutional activities. The term does not include:
Solid or dissolved material in domestic sewage, or solid or
dissolved material in irrigation return flows, or industrial discharges
subject to regulation by permit issued under Texas Water Code, chapter
26;
Solid, dirt, rock, sand, and other natural or manmade inert
solid materials used to fill land if the object of the fill is to
make the land suitable for the construction of surface improvement;
Waste materials that result from activities associated with
the exploration, development, or production of oil or gas or geothermal
resources and other substance or material regulated by the Railroad
Commission of Texas under Natural Resources Code, § 91.101,
unless the waste, substance, or material results from activities associated
with gasoline plants, natural gas liquids processing plants, pressure
maintenance plants, or re-pressurizing plants and is hazardous waste
as defined by the administrator of the EPA under the federal Solid
Waste Disposal Act, as amended by RCRA, as amended (42 USC, SS6901
et seq.); or
Unacceptable waste.
Waste that requires special handling and management due to
the nature of the waste, including, but not limited to, the following:
Containerized waste (e.g. a drum, barrel, portable tank, box,
pail, etc.);
Waste transported in a bulk tanker;
Liquid waste;
Sludge waste;
Waste from an industrial process;
Waste from a pollution control process;
Residue and debris from the cleanup of a spill or release of
a chemical; or
Any other waste defined by Texas law, rule or regulation as
"special waste."
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.
All single-family homes, multifamily dwellings, small businesses,
and city facilities.
Any waste, the acceptance, and handling of which by contractor
would cause a violation of any permit, or any legal or regulatory
requirement, substantial damage to contractor's equipment or facilities,
or present a danger to the health or safety of the public or contractor's
employees, including, but not limited to, hazardous waste, special
waste (except as otherwise provided herein), untreated medical waste,
dead animals weighing ten pounds (10 lbs.) or greater, solid or dissolved
material in domestic sewage, or solid or dissolved material in irrigation
return flows, or industrial discharges subject to regulation by permit,
soil, dirt, rock, sand, and other natural or manmade inert solid materials
used to fill land if the object of the fill is to make the land suitable
for the construction of surface improvements.
Collectively, residential units, commercial units, and industrial
units.
Any residential unit waste placed curbside for collection
which does not meet the specifications defined by this article for
regular garbage, bulky waste, and brush waste.
Putrescible solid waste resulting from the processing of
plants for food by a commercial establishment such as canneries. This
definition does not include waste products resulting from the preparation
and consumption of food in food service establishments.
All residential waste and commercial waste to be collected
by contractor. The term "waste" specifically excludes unacceptable
waste and industrial waste.
Refrigerators, stoves and ranges, water heaters, clothes
washers and dryers, freezers, swing sets, bicycles (without tires),
scrap metal, copper, and other similar domestic and commercial large
appliances.
Accumulations of lawn, grass, or shrubbery cuttings or clippings,
dry leaf rakings, small tree branches (not to exceed 4 feet in length
or 4" in diameter), bushes or shrubs, green leaf cuttings, fruits,
or other matter usually created by refuse in the care of lawns and
yards, except large branches, trees, bulky or noncombustible materials
not susceptible to normal loading and collection in "load packer"
type sanitation equipment used for regular collections from domestic
households. Notwithstanding the foregoing, all trees, shrubs, and
brush trimmings must be cut, placed in bundles and stacked at the
curbside.
(Ordinance 2024-011 adopted 3/11/2024)
The violation of any of the provisions of this article constitutes a misdemeanor affecting the public health and safety and shall be punished by a fine in accordance with section 1.01.009 of this code. Offenses committed under this article are strict liability offenses.
(Ordinance 2024-011 adopted 3/11/2024)
(a)
The contractor shall provide poly carts to residential unit customers and small business garbage generators, and shall provide detachable containers to commercial unit and industrial unit customers covered by § 12.04.001(c) of this article. Unless permission is given by the contractor, poly carts and detachable containers shall remain at the address where delivered by the contractor.
(b)
Poly carts:
(1)
Poly carts containing residential waste shall be placed at curbside
for collection no earlier than dusk the day before or later than 7:00
a.m. of the day on which collection is scheduled. Poly carts shall
be removed from curbside following collection by 11:00 p.m. the day
of collection.
(c)
Detachable containers:
(1)
Detachable containers shall be placed at a location pursuant
to applicable city zoning code and as is convenient for collection
by the contractor.
(2)
Access to the detachable container shall not be blocked.
(3)
Detachable containers shall not be overloaded to the point where
the lid or covers will not close, or the tarp will not properly cover
the load.
(d)
Damaged, lost, or stolen poly carts and detachable containers
shall be communicated to the contractor, and otherwise shall be governed
by the contractor's terms of service.
(e)
Poly carts and detachable containers shall not be used for excluded
waste, disaster debris, or unacceptable waste.
(Ordinance 2024-011 adopted 3/11/2024)
(a)
Collection of bulky waste, yard waste, white goods, brush, and
unusual accumulation from residential units shall be governed by the
contractor's terms of service.
(b)
Yard waste, brush and bulky waste shall not exceed three (3)
cubic yards, in combined total, per collection.
(c)
White goods containing refrigerants must be tagged certifying
that all refrigerants have been removed by a certified refrigerant
technician prior to their placement for collection.
(d)
Residents may personally deliver up to two (2) loads of residential
brush, yard waste, and/or tree debris, containing no more than three
hundred fifty (350) cubic feet per load, to the compost site for no
additional fee. A maximum of two (2) loads may be taken to the compost
site per month. Citizens must prove their residency by showing a valid
state driver's license or other similar acceptable photo identification
and a current city water bill or receipt at the time of drop-off.
(e)
All residential brush transported over city streets by the resident shall be properly covered during transport so as to prevent the brush from escaping from the vehicle or trailer. Failure to comply with this requirement shall constitute a misdemeanor and subject the violator to a fine as provided in section 1.01.009 of this code.
(Ordinance 2024-011 adopted 3/11/2024)
Residential units may deliver up to four (4) cubic yards of
residential waste material to the customer convenience station per
month free of charge. Every person delivering residential waste shall
be required to verify their residence by State driver's license along
with a current city water bill proving that the resident has an established
account with the city. The customer convenience station shall not
be used for excluded waste, disaster debris, or unacceptable waste.
(Ordinance 2024-011 adopted 3/11/2024)
(a)
Monthly rate—Residential units.
The fair and reasonable rate for the collection and removal of residential waste for each residential unit (not including rates for collection of unusual accumulations and disaster management rates) shall be set forth in the fee schedule in appendix A of this code.
(b)
Billing—Residential units.
The city will
provide billing services related to residential waste collection services.
Any person who shall fail or refuse to pay residential waste service
fees before the expiration of ten (10) days after the date same shall
become due and payable shall have his or her water service discontinued,
and the city health official may be notified immediately for appropriate
action in accordance with the ordinances and laws regulating health
and sanitation. Resumption of service after satisfaction of an overdue
bill shall be in accordance with the city's rules and regulations.
(c)
Customers outside city limits.
The schedule of rates and charges for residential customers of the city that are located outside the corporate limits of the city shall be as set forth in the fee schedule in appendix A of this code.
(d)
Appeals and adjustments.
The director of finance
of the city shall be the city's designee for hearing any appeals related
to the delinquent sanitation accounts and as such will hear and determine
matters of adjustment, hardship, illness or disability which would
justify a payment schedule other than that fixed by this article.
(e)
Monthly rate and billing—Commercial and industrial units.
The contractor shall be responsible for billing services related to commercial and industrial units subject to this § 12.04.001(c) of this article.
(Ordinance 2024-011 adopted 3/11/2024)
Excluded waste, disaster debris and unacceptable waste as defined
herein shall be disposed of by the owner at his or her expense in
a sanitary and legal manner.
(Ordinance 2024-011 adopted 3/11/2024)
(a)
No person, firm, corporation, or other entity, excluding the
city, shall be granted the privilege to use the public streets, alleys,
or thoroughfares within the corporate limits of the city for the purpose
of engaging in the business of collecting or transporting solid waste
from commercial and industrial units within the city without first
having obtained a solid waste collection permit from the city.
(b)
If any person engages in the business of collecting or transporting solid waste without a permit as required by this section, such act shall constitute a misdemeanor and subject such person to a fine as provided in section 1.01.009 of this code. Each and every act shall constitute a separate offense.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-33; Ordinance 2024-011 adopted 3/11/2024)
(a)
To obtain a solid waste collection permit, a person must submit
an application on a form provided by the city manager or the city
manager's designee. The applicant must be the person who will own,
control, or operate the proposed solid waste collection service.
(b)
The permit application shall include the following information:
(1)
The applicant's name, address, and verified signature;
(2)
The form of business of the applicant, and, if the business
is a corporation or association, evidence of the authority of the
person signing the application to represent the business;
(3)
A description of all vehicles to be used by the applicant, including
the vehicle type, capacity, vehicle identification number, and license
number;
(4)
A certificate of insurance or other evidence establishing that
the applicant has motor vehicle liability insurance or other proof
of financial responsibility as required by law;
(5)
A certificate of insurance or other evidence establishing that
the applicant has acquired, and shall during the terms of any permit
issued hereunder, and any extensions thereof, keep and maintain in
full force and effect a policy or policies of insurance, providing
at least $1,000,000.00 per person and $1,000,000.00 for any single
occurrence for bodily injury to or death and $1,000,000.00 for any
single occurrence for injury to or destruction of property (or greater
coverage if required by state law), indemnifying all persons for any
and all damages, personal injuries or property damages sustained as
the result of the negligence of permittee, his invitees, agents, servants,
or employees, and shall pay all premiums due thereon when due. It
is expressly provided that such insurance policy or policies shall
and must be written and issued by a reputable insurance company or
companies, with the city as an additional insured, subject to approval
by the city attorney, and the applicant or his insurance carrier or
carriers shall deliver a copy of any such policies to the city clerk,
150 1st Street S.E., Paris, Texas 75460, or furnish to the city clerk
a current letter or certificate from such company or companies, evidencing
the fact that such insurance is in full force and effect at all times
during any permit period and any extension thereof and specifically
noting thereon that the city is an additional insured. All such policies
shall be written so that the city will be notified of cancellation
or of any restrictive amendment of the policies at least thirty (30)
days prior to the effective date of such cancellation or amendment.
Notice shall be by certified mail, return receipt requested, "attention
city clerk."
(6)
A statement of the disposition to be made of the solid waste
collected, including the site(s) where the solid waste will be deposited.
(7)
A statement and accompanying documentation in support of the
public necessity and convenience for the issuance of the permit.
(c)
Each application for a permit shall be accompanied by a nonrefundable application fee as set forth in the fee schedule in appendix A of this code.
(d)
Upon a finding of public necessity and convenience for issuance
of the permit, and the adoption of an ordinance passed by a two-thirds
(2/3) vote of the city council approving the permit, said permit shall
be issued.
(e)
Each solid waste collection permit shall expire September 30
of each year, and may be renewed by making application as provided
in this section.
(f)
The permit required by this section shall not be transferable.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; Ordinance 2001-006, sec. 2, adopted 2/12/01; 1988
Code, sec. 16-34; Ordinance adopting 2021 Code; Ordinance 2024-011 adopted 3/11/2024)
The books and records of the permit holder shall be open at
reasonable times for inspection by the city manager, or designee,
in accordance with the terms of this article.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-35; Ordinance 2024-011 adopted 3/11/2024)
The permit holder shall identify all vehicles and solid waste
containers with its name in letters at least four (4) inches tall.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-36; Ordinance 2024-011 adopted 3/11/2024)
Vehicles used by permittees under this division shall be of
the standard packer and/or dumpster type designed for garbage and
refuse collection and transportation service, or shall be a vehicle
which has a solid bottom and solid sides, and is equipped with a top
of wood, metal, or canvas, so that the same may be easily opened and
closed when picking up garbage or refuse and will contain garbage
or refuse within said vehicle. It shall be a violation of the permit
to operate a vehicle in a manner that allows solid waste to leak or
otherwise escape from the vehicle. A packer-type vehicle shall not
be moved on the streets of the city unless the contents thereof are
compacted.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-37; Ordinance 2024-011 adopted 3/11/2024)
The city manager or designee may revoke a solid waste collection
permit for failure of the holder to provide required information,
for failure to maintain adequate insurance, for failure to pay fees,
for making false statements on the application or monthly report,
or failure to comply with this article. The revocation may be appealed
to the city council if written notice of a request for hearing is
given to the city manager within ten (10) days of the receipt of the
revocation order. The order of the city council approving or disapproving
the order of the city manager shall be final.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; 1988 Code, sec. 16-38; Ordinance 2024-011 adopted 3/11/2024)
(a)
Each holder of a permit issued under section 12.04.042 shall pay the city a street use fee for the privilege of operating on the city streets, alleys, and thoroughfares as set forth in the fee schedule in appendix A of this code. The permit holder shall keep records of all gross receipts for all revenues and income collected from any source derived from the permit holder's operation of solid waste collection within the city limits.
(b)
Street use fees are due and shall be paid monthly no later than the 15th day of the month following the month of collection. Anyone who fails to pay the fee imposed by this section within the time required shall pay a penalty as set forth in the fee schedule in appendix A of this code, which penalty shall be in addition to the usual fee imposed by this section.
(Ordinance 2000-067, sec. 3, adopted 12/11/00; Ordinance 2001-005, sec. 2, adopted 2/12/01; Ordinance 2001-036, sec. 2, adopted 5/14/01; 1988 Code, sec. 16-39; Ordinance
adopting 2021 Code)
This division 2 shall expire at 11:59 p.m. on August 31, 2024 after which time the commercial and industrial collection services, unless excluded by § 12.04.001(c), shall be assumed by the contractor.
(Ordinance 2024-011 adopted 3/11/2024)
