City of Odessa, TX GENERATION, TRANSPORTATION AND DISPOSAL OF LIQUID WASTE

Permits required.

A transporter shall be in violation of this article if the vehicle owned, leased or driven by the transporter transports nonhazardous liquid waste from a point in Ector County or the city over any public right-of-way in Ector County or the city without a permit duly issued by the department.

Waste materials to be recycled for other commercial uses such as, but not limited to, waste motor oil and waste cooking oil, are not required to be manifested or permitted under this article, but shall be collected and transported in and through the city and county in conditions which are sanitary, free from odors and which will not adversely affect the environment.

Application.

In addition to complying with the proper registration procedures established by the TCEQ, a person intending to engage in the activity of transporting liquid waste must first obtain a permit from the department by legibly providing all of the information in the application established by the department.

The applicant must include a photocopy of the driver’s license of all persons who will be operating vehicles for the applicant.

The applicant must submit proof of current registration with the TCEQ.

The applicant must specify the disposal site(s) which will be used for the authorized disposal of liquid wastes. The department must be notified immediately if additional disposal sites are to be used during the term of the permit.

The applicant must provide a statement setting out any record of criminal convictions against the applicant, or anyone in his employment, resulting from the unlawful operation of a vehicle used to transport liquid waste.

The applicant must file with the department evidence of a policy of public liability insurance and thereafter keep same in full force and effect with an insurance company authorized to do business in Texas. The policy shall insure the public against any loss or damage that may result to any person or property from the operation of a defective vehicle or negligence of the owner or any person driving or otherwise operating such vehicle, and the vehicle insurance provisions of such policy shall provide minimum coverage in the policy as to each and every transporter vehicle to be not less than one million dollars ($1,000,000.00) for bodily injury or death of any one person, for bodily injury or death in any one accident, for the damage to, or destruction of, property in any one accident. Coverage is to include the pollution liability endorsement with limits not less than one million dollars ($1,000,000.00). Such coverage shall be endorsed to cover the upset, overturn, and remediation of the load in transport. The certificate of insurance required by this subsection shall contain a provision requiring the city utilities department be provided with thirty (30) days advance notice, in writing, of cancellation or material change in the policy.

The applicant must have paid all undisputed, previously due and outstanding sales and/or property taxes and debts owed the governmental units. If the department receives information that the applicant or transporter has not complied or is not fulfilling this requirement, it may require proof of compliance with documentation deemed suitable by the department.

(8)

All applicants shall certify under oath the information contained in the application is true and correct. Failure to certify the accuracy of information shall result in the denial of the application.

Permit issuance.

Upon receipt of a completed application, the department will determine the accuracy and completeness of the information as well as compliance with vehicle requirements. The department shall approve or deny the issuance of the permit within ten (10) working days after the application is deemed complete.

If the permit is denied, the department will inform the applicant of corrective actions which must be met before a permit can be issued.

Permits issued by the city exclude the hauling of incompatible wastes, hazardous wastes and prohibits the commingling of incompatible and/or hazardous wastes.

Permit suspension.

In the event of cancellation or material change in the transporter’s policy, the permit shall be suspended until such time as the transporter can again secure appropriate coverage.

(e)

Permit duration.

The permit shall be valid for a one-year period with such period terminating on the anniversary of the issuance or reissuance.

(f)

Renewal.

The permit holder shall reapply for a permit at least thirty (30) days prior to the permit’s expiration. The requirements of this article must be met prior to the reissuance of a permit.

(g)

Duty to update information.

The transporter shall update the information contained in the application to reflect any substantive changes within ten (10) working days of the change. Substantive changes shall include, but are not limited to, changes to equipment, personnel, criminal records, disposal methods, and driving records. Failure to update the information is a violation of this article and can result in revocation of the permit.

(h)

Transfer.

A permit issued under this article is nontransferable from one transporter business to another.

(Ordinance 2010-18, sec. 1, adopted 7/13/10)

§ 6-10-5 Vehicle specifications and maintenance.

Compliance.

All vehicles utilizing the rights-of-way of Ector County or the city to transport liquid waste must at all times conform to the vehicle specifications and maintenance requirements set forth in this section. Failure to do so will constitute a violation of this article.

Vehicle specifications.

The vehicle must be equipped with tank(s) that are firmly, securely and permanently attached to the structure of the vehicle in such a manner that the tank(s) will not loosen or dislodge during the transport of the liquid wastes. Vehicles with portable or removable tank(s) or other containers are prohibited.

All piping, valves, and connectors shall be permanently attached to the tank(s) and/or vehicle.

The tank(s) shall be liquid tight.

The tank(s) must be constructed so the interior and exterior portion can be cleaned.

All piping, valves, and connections shall be accessible and easily cleaned.

The inlet or opening of the tank shall be constructed and located so the collected waste shall not spill during the filling, transfer, or transport.

Outlet connections shall be constructed so no liquid waste shall discharge, leak, run or spill out from the tank.

(8)

Outlets are to be of a design and type suitable for the liquid waste to be safely removed and be capable of controlling outflow without discharge, spillage, spray, or flooding of immediate surroundings while in use.

(9)

All discharge valves and ports on closed vehicles, tanks, or containers must be prominently marked. All discharge ports shall be visible and readily accessible.

(10)

Pumps, valves, cylinders, diaphragms and other appurtenances shall be of a design and type suitable for the liquid waste to be safely loaded, transported and removed, be capable of operation without discharge, spillage, spray or leakage, and be easily disassembled for cleaning.

(11)

The vehicle shall have sight gauges maintained in a manner which can be used to determine if the vehicle is loaded and the approximate capacity. Gauges are not required to read in gallons, but shall show what percentage of the tank capacity is filled.

Vehicle markings.

Prior to the operation of a vehicle regulated by this article, each permitted transporter shall prominently display on both sides and rear of each vehicle, in a color clearly contrasting with the background:

In three-inch letters or larger, the business or trade name of the transporter contained in the permit; and

In two-inch letters or larger, the emergency telephone number of the department, and the TCEQ and the department’s vehicle permit identification number.

The permitted transporter shall keep and display upon request by the department the permit issuance receipt, or a copy thereof, in the vehicle at all times.

Vehicle maintenance.

A liquid transporter shall:

Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good operation and repair and free from leaks.

Provide a safety plug or cap for each inlet and outlet tank valve.

Cause the vehicle exterior to be clean, vector free and relatively odor free at the beginning of each work day and provide for intermittent wash down of the vehicle exterior and washout of tank interior as necessary to maintain the above conditions at all times.

(Ordinance 2010-18, sec. 1, adopted 7/13/10)

§ 6-10-6 Responsibilities of transporters.

Any liquid waste transporter failing to perform the responsibilities set out below shall be in violation of this article.

Determination of nature of material.

Prior to accepting a load of liquid waste for transportation, a transporter shall determine the volume, nature and classification of the material to be transported and that his permit, vehicle and equipment are sufficient to legally and properly accept, transport, and dispose of the load without discharge, spillage, leaks or release of toxic or harmful gases, fumes, or other substance. Upon delivery of the waste to the disposal site, the transporter shall inform the disposal site operator of the content of the waste. At the discretion of the disposal site operator or the department, the liquid waste presented for disposal may be sampled and tested prior to disposal to verify the classification, quality, concentration, character, and/or volume of the liquid waste. The department’s cost for conducting any positive confirming test resulting in verification of unpermitted transportation or disposal or prohibited discharge shall be paid by the permittee.

Disposal of waste at appropriate sites.

Transporters shall only dispose of liquid waste at disposal sites legally designated to receive the particular classification of waste being transported as regulated and approved by the appropriate city, county, state or federal authority.

Manifest system.

All transporters regulated by this article shall utilize the manifest system set out in section 6-10-7 herein.

Incompatible wastes.

Commingling of incompatible wastes in any transport vehicle is prohibited.

Full pump out requirement.

When servicing a grease or grit trap, the transporter shall remove the entire contents of the trap unless the trap capacity is greater than the tank capacity on the vacuum truck in which case, the transporter shall arrange for additional transportation capacity so the entire trap is fully evacuated within a 24-hour period following the transporter’s inability to fully evacuate the trap.

Spills.

In the event of a discharge of liquid waste during the collection or transport, the transporter shall immediately, but in any event within one (1) hour, telephone the department in addition to any other governmental entity the transporter is required to contact. The transporter must provide information regarding the location, time, and duration of the spill; the type of waste, volume, and known dangerous characteristics; any corrective actions, including diking, taken by the transporter; and any other conditions, factors, or circumstances that would indicate need for expeditious, specialized or unique response to the discharge.

The transporter shall contain the impacted area and safely recover the discharged wastes unless informed by one of the authorities contacted that additional experienced personnel and/or equipment is necessary to safely recover or remediate the discharge.

The transporter shall bear the cost of all actions required by this subsection.

(D)

Failure to promptly and properly notify the appropriate jurisdictional authorities and take such actions as required by the authorities shall constitute a violation of this article.

(E)

In the event on any violation that causes a governmental unit to incur expenses for the cleanup or that causes damages to facilities of a governmental unit, the person or persons who violate this article shall be responsible for and be required to reimburse the governmental unit for expenses of cleanup or expense associated with the repair to the facilities of the governmental unit, or expense caused by the violation. Failure to pay these expenses or costs under this section shall constitute a violation of this article.

Provision of information.

For compliance and tracking purposes, a transporter shall, upon request, provide the department:

Past and current routes or schedules of a vehicle’s full daily operation; and

Notice, prior to operation in the city or county, of the time and location of the vehicle’s operation.

A grab sample of the transported waste. The sample shall be analyzed at NELAC accredited lab and required sampling and analysis shall be at the expense of the transporter if positive findings are determined.

(8)

Temporary storage.

Liquid waste cannot be stored in a mobile closed container for more than four (4) days.

Liquid waste can only be stored at a fixed or permanent site which has been approved by the TCEQ and cannot be stored for more than thirty (30) days.

(Ordinance 2010-18, sec. 1, adopted 7/13/10)

§ 6-10-7 Manifest system.

The manifest system defined by this section shall be used by all transporters holding permits to transport liquid waste.

Trip ticket booklets.

Trip ticket booklets shall be provided by the department. Each individual trip ticket will be serially numbered and consist of five (5) parts. The department shall keep a record of the trip ticket serial numbers provided to the transporter. Permit holders shall not be allowed to receive additional trip ticket booklets until a previously issued and completed booklet has been properly returned to the department.

At the discretion of the department, individual trip tickets can be issued to transporters who perform limited transportation in the jurisdiction.

Use of trip tickets.

A transporter shall complete one (1) trip ticket for each generator location serviced.

All information on the trip ticket must be legibly completed and signed by the transporter and generator at the time of collection.

The top copy of the trip ticket will be left in the booklet and returned to the department.

(D)

The second copy will be provided to the generator at the time the waste is received from the generator.

(E)

The third copy is left at the disposal site after the disposer has legibly signed the trip ticket acknowledging disposal of the waste.

(F)

The fourth copy will be maintained by the transporter.

(G)

The fifth copy must be returned by the transporter to the generator within fifteen (15) days after the waste is received at the disposal facility.

Voiding trip tickets.

If a trip ticket must be voided for any reason, the word “void” must be written on all copies of the trip ticket. All copies of a voided trip ticket must be returned with the booklet or if an individual ticket was issued the entire ticket must be returned.

Lost, stolen or inactive booklets/trip ticket.

In the event a booklet or trip ticket is lost or stolen, the permittee shall submit a sworn and notarized affidavit stating the circumstances surrounding the loss, the probable volume and contents of the liquid wastes transported and disposed of, and the efforts made to locate the booklet/trip ticket.

The department shall, at its discretion, charge the transporter the cost of the maximum volume (tank capacity) which can be transported by the transporter for each lost trip ticket.

The department can require a permittee to return a booklet/trip ticket and pay associated fees if the permittee does not turn in the booklet/trip ticket for a four-month period, the permittee’s permit is revoked, and/or the permittee ceases to own or operate the transportation company.

Falsification of trip tickets.

Falsification of any information required in a trip ticket shall be grounds for suspension of a liquid transportation permit and/or penalties allowed by this article.

Manifest fees.

The transporter shall be charged a fee of two cents ($0.02) per gallon as documented by the volume of waste recorded on the trip ticket.

The fee will be paid when the transporter completes a booklet (or individual trip ticket, if applicable) and returns it to the department. If the department’s accounting of the required fee is more than the fee paid by the transporter, the transporter will be billed for the deficiency. If the fee paid exceeds the transporter’s obligation, the transporter will be given a credit toward future fees.

If a transporter has not returned a booklet (trip ticket) within six (6) months of it being issued, the department can require the transporter to submit the booklet and associated fees.

Discrepancies.

A significant discrepancy is obvious differences that can be discovered by inspection or waste analysis between the quantity and/or type of waste designated on the trip ticket and the quantity and/or type of waste received at the facility.

Significant discrepancies for bulk weight are variations greater than 10% in weight; for liquid waste, any variation greater than 15% in gallons.

Upon discovering a significant discrepancy, the transporter must attempt to reconcile the discrepancy with the waste generator or owner or operator of the disposal site. If the discrepancy is not resolved within fifteen (15) days after delivering the waste, the transporter must immediately submit to the department a letter describing the discrepancy and attempts to reconcile it, and a copy of the trip ticket.

(Ordinance 2010-18, sec. 1, adopted 7/13/10)

§ 6-10-8 Responsibilities of generators.

Information regarding wastes.

Every generator of liquid waste must determine the contents, characteristics and classification of wastes at the generator’s site and provide such information to the department, transporter, and/or disposal site operator.

Removal of wastes.

The generator of liquid wastes shall only have the waste removed by a transporter holding a valid permit issued by the department.

Trip ticket.

Prior to signing a trip ticket, the generator must ensure the information contained in the trip ticket is legible, complete and correct.

The generator must designate the disposal site for the waste on the trip ticket.

Before the transporter leaves the site, the generator must receive a copy of the trip ticket.

The generator must receive, from the transporter, a copy of the trip ticket signed by the disposal within 15 days after the waste is received at the disposal site.

The department may inspect the trip tickets of the generator during normal business hours.

Maintenance of collection point.

The generator shall provide, maintain and periodically clean the collection point for the liquid waste.

The generator shall immediately report to the department discharges, spills or accidents involving the collection point which pose a threat to the public health or potential damage to the environment.

The generator shall recover all accidental spills and discharges immediately and have such waste disposed of by a transporter holding a valid permit from the department.

(Ordinance 2010-18, sec. 1, adopted 7/13/10)

§ 6-10-9 Responsibilities of disposer.

The disposer shall comply with all requirements of city, county, state and federal law.

The disposer shall only accept liquid waste generated in the county and the city if the transporter is permitted by the department and using the department’s trip ticket.

The disposer shall make all records (e.g. trip tickets) required under this article available for inspection by the department during normal work hours.

The disposer must notify the department within one (1) working day if a significant discrepancy as defined in section 6-10-7 is determined or the liquid waste is refused for disposal. This notification shall include date and time of the incident, identification of the company and vehicle, and the circumstances.

(Ordinance 2010-18, sec. 1, adopted 7/13/10)

§ 6-10-10 Recordkeeping.

Copies of trip tickets must be maintained by the department, transporter, generator and disposal site for five (5) years.

Trip tickets must be readily available for review by the department and/or the TCEQ or submitted to the department upon request.

(Ordinance 2010-18, sec. 1, adopted 7/13/10)

§ 6-10-11 through § 6-10-40. (Reserved)

Division 2 Administration and Enforcement

§ 6-10-41 Criminal penalties; injunction.

Violations.

A person shall be in violation of this article if they discharge any liquid waste in Ector County and such location for disposal is not approved or authorized by the state.

Injunctive relief.

When the department finds that a permit holder or other person has violated, or continues to violate, any provision of this article, or order issued hereunder, the department may petition the district court through its attorney for the issuance of a temporary or permanent injunction, as appropriate. The injunction shall restrain or compel the specific performance of the requirements imposed by this article on activities of the permit holder or other person. The department may also seek such other action as is appropriate for legal and/or equitable relief, including penalties and/or fines by the state and a requirement for the permit holder or other person to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user, permit holder or other person.

Criminal penalties.

A permit holder or other person who is found to have violated any provision of this article shall be guilty of a class C misdemeanor and be subject to a fine of not more than two thousand dollars ($2,000.00) per violation. Each day the violation continues shall constitute a separate offense for the purpose of this article.

The criminal penalty shall be in addition to any other cause of action for personal injury or property damage available under state law, and shall be in addition to any injunctive relief.

If conduct constituting an offense is performed by an “agent” acting in behalf of a corporation, partnership or association and within the scope of his office or employment, the corporation or association or partnership is criminally responsible for the offense.

An individual is criminally responsible for conduct that he performs in the name or in behalf of a corporation, partnership, or association to the same extent as if the conduct were performed in his own name or behalf.

A person commits an offense if the person intentionally, knowingly, recklessly or with criminal negligence engages in conduct or fails to perform as required by this article. A person is on notice of any regulation, ordinance, statue or act adopted by a governmental unit, the state or the United States government prior to the conduct or failure to perform by the person and shall be charged with knowledge by the person of such regulation, ordinance, statute or act. The person shall also be on prior notice of any oral or written communication by the department that is personally delivered, posted, or mailed by certified mail to the person or his agent. Any commission of such act or failure to perform with such prior notice shall be done knowingly and with criminal responsibility.

(Ordinance 2010-18, sec. 1, adopted 7/13/10)

§ 6-10-42 Administrative remedies and enforcement actions.

Revocation or denial of permit.

Supplying false information to the department shall be grounds for refusal to grant a permit or revocation of a permit if already issued.

Violation of any provision of this article shall be grounds to revoke, suspend or deny a permit. A permit may be revoked, suspended or denied by sending written notice of the suspension or revocation to the transporter’s address as provided in the permit application by certified mail, return receipt requested. A suspension or revocation shall be effective ten (10) days after the written notice is mailed. A suspension or revocation may be for any period up to the duration of the permit. A permit shall not be issued to any person whose permit is currently suspended, so long as the reason for the suspension or revocation is still unresolved.

Notice of violation.

Whenever the department finds that a person has violated or continues to violate this article, a transporter permit, or an order issued hereunder, the department may issue a notice of violation.

A person must respond to the notice of violation in accordance within the time frame and in the manner designated by the notice of violation.

Nothing in this section shall limit the authority of the department to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

Show cause hearing.

The department may order a person who has violated, has contributed to a violation, or continues to violate any provision of this article, or permit or order issued hereunder, to appear before the department and show cause why the proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action, the reason for such action, and a request that the person show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the person. Whether or not a duly notified person appears as noticed, immediate enforcement action may be pursued. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the person.

Compliance order.

When the department finds that a person has violated or continues to violate this article, a transporter permit or an order issued hereunder, the department may issue an order to the person responsible for the discharge directing that the person come into compliance within a specified period of time. If the person does not come into compliance within the specified time, the transporter’s permit may be terminated. Compliance orders also may contain other requirements to address the noncompliance. A compliance order will not relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the person.

(e)

Cease and desist order.

When the department finds that a person has violated, or continues to violate, any provision of this article, a transporter’s permit or an order issued hereunder, or that the person’s past violations are likely to recur, the department may issue an order to the person directing him to cease and desist all such violations and directing the person to:

Immediately comply with all requirements; and

Take such appropriate remedial or preventive actions as may be needed to properly address a continuing or threatened violation.

Issuance of the cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the person.

(Ordinance 2010-18, sec. 1, adopted 7/13/10)

§ 6-10-43 Appeals.

The person shall have ten (10) days to appeal a permit suspension or revocation to the department. A suspension or revocation may be appealed by giving notice thereof to the department.

If the person appeals the suspension or revocation, the suspension or revocation shall be stayed until an administrative hearing can be held.

The hearing shall be scheduled as soon as possible, but in no event more than ten (10) days after the notice of appeal. In the event that either the transporter of the department requests it, the hearing may be continued beyond the ten-day period at the department’s discretion.