These regulations are based on the home-rule authority of the
city, the city charter, the state constitution and state statutes,
including chapter 363, Health and Safety Code, and the findings set
forth in the preamble [of Ordinance 97-36] are adopted as findings
of fact.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-1)
The purpose of this article is to protect the health of the
citizens of the city by regulating the collection and transportation
of garbage and solid waste.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-2)
The following words and phrases shall be defined as follows:
Those wastes defined by the United States Environmental Protection
Agency (USEPA) as infectious wastes in its Guide for Infectious Waste
Management, #EPA/530-SW-86-014, May 1986, or defined by the USEPA
as medical wastes in 40 CFR 359.30, and any other wastes identified
as infectious or similar wastes in any other applicable federal, state,
county or municipal laws, regulations and guidelines; and
Chemotherapy waste (also known as antineoplastic or cytotoxic
waste). The term “chemotherapy waste,” as used herein,
means discarded items which have been contaminated by chemotherapeutic
drugs or antineoplastic agents, provided that such items, including
vials and syringes, shall be empty as defined in applicable federal,
state, county or municipal laws, regulations and guidelines.
Any premises upon which a building is located and at which
garbage, rubbish or solid waste accumulates.
Stoves, water tanks, washing machines, furniture and large
brush, other than dead animals or stable matter, with weights or volumes
greater than those allowed for bins or containers, as the case may
be. Hazardous wastes are not included.
A garbage, rubbish or solid waste container owned by the
city which shall be furnished for use to customers for the placement
of garbage, rubbish or solid waste accumulating on their premises,
which container shall be located at a place to be determined by the
city at or near such premises.
Waste building materials resulting from construction, remodeling,
repair or demolition operations on the premises of the service unit.
Dirt, rocks, bricks, large pieces of steel, and other waste
building materials, and any other like material likely to damage a
mechanical container or the hydraulic system of collection or compaction
equipment.
All normal and usual household and institutional waste products
that are placed in approved containers for collection purposes and
are usually a mixture of putrescible, combustible and incombustible
materials, such as organic wastes from food preparation and consumption,
wrapping and packaging materials, metal, glass and plastic containers
and other items.
Waste, in any amount, which is defined, characterized or
designated as hazardous by the United States Environmental Protection
Agency or appropriate state agency by or pursuant to federal or state
law, or waste, in any amount, which is regulated under federal or
state law. For purposes of this article, the term “hazardous
waste” shall also include motor oil, gasoline, paint and paint
cans.
Waterborne solids and liquids containing dissolved or suspended
waste materials that are not hazardous, including septage and waste
from grease traps and grit traps, and wastes of a similar nature.
The receptacle or receptacles owned, furnished or used by
the person responsible for any building or establishment.
That person upon whom responsibility is placed by section 13-4-5 for compliance with the provisions of this article.
Solid waste materials containing organic matter that is subject
to rapid decomposition by fungi and bacteria, such as food wastes
and dead animals.
A mixture of small, nonputrescible household, institutional
and commercial waste products containing a high percentage of combustible
materials, such as tree limbs, paper, cardboard, plastics, wood scraps,
foliage, grass and leaves, and including noncombustibles such as glass,
crockery, cans and light scrap metals. Synonym: trash.
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,
slag, dissolved or suspended solids in industrial waste, [or] water
effluents which are not acceptable for disposal in the sanitary sewage
treatment system excluding, however, waste materials defined as “hazardous,”
“toxic” or “infectious” by applicable state
and federal regulations. For purposes of this article, solid waste
shall include trash, rubbish, bulky waste, and construction debris.
Any chemical, compound, mixture, substance or article which
is designated by the U.S. Environmental Protection Agency or appropriate
state or local agency to be “hazardous” as that term is
defined by or pursuant to federal, state or local laws and ordinances.
An animal or insect which transmits infectious diseases from
one person or animal to another by penetrating the skin or mucous
membrane, or by depositing infective material on the skin or food
or on another object.
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 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-3)
It shall constitute a misdemeanor for any person to do any act which is prohibited by the terms of this article, and any such violation of this article shall be punishable by a fine and penalty of not more than two thousand dollars ($2,000.00). Each day or portion thereof that the violation continues shall constitute a separate offense as provided for in section 1-1-9 of the city code.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-24)
(a)
For
the purposes of this article, the head of a family shall be responsible
for the acts or omissions of members of his family; the person in
charge of an apartment house, tenant house, mobile home park, or similar
place in which groups of families reside shall be responsible for
the acts or omissions of the persons living therein; and both the
owner and the person in charge of any business shall be responsible
for the acts or omissions of the employees thereof.
(b)
Criminal
responsibility is established by showing that the offense was committed
intentionally, knowingly, recklessly or with criminal negligence as
defined in section 6.03 of the Penal Code.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-4)
The director of public works or the director of public works’
designee shall assume the responsibility of solid waste superintendent.
A part of the duties of solid waste superintendent shall be to operate
and manage the collection, transportation and disposal of garbage,
rubbish and solid waste for the city and to enforce the provisions
of this article. The solid waste superintendent is sometimes referred
to in the city code as “sanitation superintendent.”
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-9)
The person responsible, under the terms of section 13-4-5, for each building or establishment located within the city shall put or place, or cause to put or placed, all garbage, rubbish or solid waste accumulating at such premises into city containers or other receptacles which shall be located at or near such premises.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-5)
(a)
It
shall be unlawful for any person to deposit or place any garbage,
rubbish or solid waste in any place other than a container or other
receptacle as described above.
(b)
It
shall be unlawful for any person, including a private collector, to
deposit, dump or dispose of any garbage, rubbish or solid waste accumulating
within the city at any place or location other than a permitted landfill
site or other location designated by the city solid waste superintendent
for such purpose.
(c)
It
shall be unlawful to place any hazardous waste, as defined herein,
in a city container.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-6)
Garbage, rubbish or solid waste that is mixed with water or
other liquids shall be drained before being placed into a city container
or other receptacle. Wet garbage which cannot be drained shall be
placed in a plastic bag which will not tear on impact, and then placed
in a container or other receptacle, or shall be disposed of by the
person or persons responsible for generating said garbage. Nothing
herein shall prevent the selling or giving of such wet garbage to
persons having a legitimate use or need for same, so long as no other
ordinances or health laws are violated. Matter that is subject to
decomposition shall be wrapped in paper or other similar material
before being placed in a container or other receptacle.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-7)
(a)
It
shall be unlawful to place any heavy accumulations such as rock, brick,
broken concrete, lumber, ashes, dirt, plaster, sand, gravel, automobile
frames, dead trees, and other bulky and heavy material, including
debris from vacant lots[, in a city container or other receptacle].
Any such heavy accumulations shall be disposed of by the person responsible
for the premises upon which they accumulate at the person’s
own expense.
(b)
It
shall be unlawful for any person to put or place any dead animal in
any city container or other receptacle used for the placement of garbage,
rubbish and solid waste.
(c)
It
shall be unlawful for any person to put or place any tire in any city
container or any other receptacle used for the collection of garbage,
rubbish or solid waste.
(d)
Immediately
after placing any garbage, rubbish or solid waste in a city container
or other receptacle, the person making such placement shall close
the lid of the container.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-8)
Subject to other more specific provisions of this Code of Ordinances,
it shall be unlawful for any person to burn any garbage or rubbish
inside the city limits.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-10)
The charges for residential and commercial garbage and trash
collection services provided by the city shall be as follows:
(1)
Collection service inside the city limits.
(A)
Single-family residential accounts.
(i)
Each single residential account will be charged twenty-three
dollars and eighteen cents ($23.18) per month for garbage, rubbish
and solid waste collection, plus any sales tax if required by law.
Shall be collected a minimum of once weekly in compliance with Texas
Administrative Code, title 30, chapter 330, subchapter C, rule § 330.103.
(ii)
Rollout cart service will be charged twenty-three
dollars and eighteen cents ($23.18) per month, plus any sales tax
if required by law. Additional cart(s) limit 2 per customer, will
be charged eight dollars ($8.00) per cart per month.
(B)
Multifamily residential accounts.
Each multiple-family
account of four (4) or more dwelling units will be charged twelve
dollars and one cents ($12.01) per unit per month for garbage, rubbish
and solid waste collection, plus any sales tax if required by law.
(C)
Pickup rates for commercial and other nonresidential accounts
for three cubic yard (3 cy) containers.
Every commercial
and nonresidential building or establishment will be charged for garbage,
rubbish and solid waste collected per month based on the number of
containers assigned to the account and frequency of assigned weekly
collection pickup. The rates based on the number of pickups per 3
cy container per week are listed below:
(i)
Two (2) times per week: Eighty-nine dollars and seventeen cents
($89.17) per month, plus any sales tax if required by law.
(ii)
Three (3) times per week: One hundred twenty-seven
dollars and thirty-eight cents ($127.38) per month, plus any sales
tax if required by law.
(iii)
Four (4) times per week: One hundred seventy-eight
dollars and thirty-five cents ($178.35) per month, plus any sales
tax if required by law.
(iv)
Five (5) times per week: Two hundred sixteen dollars
and fifty-six cents ($216.56) per month, plus any sales tax if required
by law.
(v)
Light commercial customers that have separate accounts may only
share a 3 cubic yard container that requires only two (2) times per
week pickups. The rate for sharing a container shall be forty-five
dollars and fifty-one cents ($45.51) per month per customer, plus
any sales tax if required by law. Restaurant customers and heavy commercial
customers (determined by solid waste superintendent or representative)
will not be allowed to share. Solid waste superintendent or representative
shall make or cause to be made such to determine whether to approve
accounts to have a share rate.
(D)
Pickup rates for commercial and other nonresidential accounts
for four cubic yard (4 cy) containers.
Every commercial
and nonresidential building or establishment will be charged for garbage,
rubbish and solid waste collected per month based on the number of
containers assigned to the account and frequency of assigned weekly
collection pickup. The rates based on the number of pickups per 4
cy container per week are listed below:
(i)
Two (2) times per week: One hundred eighteen dollars and eighty-eight
cents ($118.88) per month, plus any sales tax if required by law.
(ii)
Three (3) times per week: one hundred fifty-seven
dollars and eight cents ($157.08) per month, plus any sales tax if
required by law.
(iii)
Four (4) times per week: two hundred eight dollars
and five cents ($208.05) per month, plus any sales tax if required
by law.
(iv)
Five (5) times per week: Two hundred forty-six
dollars and twenty-eight cents ($246.28) per month, plus any sales
tax if required by law.
(E)
Minimum charge for nonresidential buildings (nonprofit/religious).
The minimum charge for nonresidential building or establishment
shall be twenty-eight dollars and fifty-five cents ($28.55), plus
any sales tax if required by law. If a nonresidential account shows
that it obtains service from a private collector that is permitted
by the city, it shall not be required to pay a minimum fee.
(F)
Extra service, temporary, go-backs (attempted service on rollout
cart) and special event service.
The charge to set eight
(8) or less containers shall be one hundred eighteen dollars and thirty
cents ($118.30). The charge to service containers shall be twenty-one
dollars and eighty-three cents ($21.83) per container. After hours,
weekends and holiday service shall be two hundred twenty-seven dollars
and forty-nine cents ($227.49) per service.
(G)
Additional regulations.
(i)
The solid waste superintendent shall have the authority to establish
regulations governing the number of customers per container, the number
and placement of containers, the rates paid by each customer using
one (1) container, the classification of accounts and other rules
necessary for the orderly administration of the garbage and trash
collection service.
(ii)
Commercials and restaurants which continually
have heavy or wet garbage will have an additional five percent (5%)
to their bill.
(2)
Collection service outside city limits.
(A)
Availability.
Service may be made available to
residential or commercial establishments outside the city limits if
approved by the solid waste superintendent based on such factors as
distance, other city solid waste services in the vicinity, available
right-of-way and access.
(B)
Single-family residential accounts for three cubic yard (3
cy) containers.
Each single residential account will
be charged seventy-eight dollars and forty-two cents ($78.42) per
month for twice-per-week pickup, or fifty-six dollars and twenty-eight
cents ($56.28) per month for once-per-week pickup for garbage, rubbish
and solid waste collection, plus any sales tax if required by law.
The frequency of pickup shall be solely determined by the solid waste
superintendent.
(C)
Single-family residential accounts for four cubic yard (4 cy)
containers.
Each single residential account will be charged
ninety-four dollars and twenty-eight cents ($94.28) per month for
twice-per-week pickup, or seventy-five dollars and eighty-three cents
($75.83) per month for once-per-week pickup for garbage, rubbish and
solid waste collection, plus any sales tax if required by law. The
frequency of pickup shall be solely determined by the solid waste
superintendent.
(D)
Pickup rates for commercial and other nonresidential accounts
for three cubic yard (3 cy) containers.
Every commercial
and nonresidential building or establishment will be charged for garbage,
rubbish and solid waste collected per month based on the number of
containers assigned to the account and frequency of assigned weekly
collection pickup. The rates based on the number of pickups per 3
cy container per week are listed below:
(i)
One (1) time per week: sixty-nine dollars and fifteen cents
($69.15) per month, plus any sales tax if required by law.
(ii)
Two (2) times per week: One hundred eleven dollars
and three cents ($111.03) per month, plus any sales tax if required
by law.
(iii)
Three (3) times per week: One hundred forty-nine
dollars and twenty-two cents ($149.22) per month, plus any sales tax
if required by law.
(iv)
Four (4) times per week: One hundred eighty-seven
dollars and forty-four cents ($187.44) per month, plus any sales tax
if required by law.
(v)
Five (5) times per week: Two hundred fifty-five dollars and
thirty-seven cents ($255.37) per month, plus any sales tax if required
by law.
(E)
Pickup rates for commercial and other nonresidential accounts
for four cubic yard (4 cy) containers.
Every commercial
and nonresidential building or establishment will be charged for garbage,
rubbish and solid waste collected per month based on the number of
containers assigned to the account and frequency of assigned weekly
collection pickup. The rates based on the number of pickups per 4
cy container per week are listed below:
(i)
One (1) time per week: Ninety-eight dollars and eighty-five
cents ($98.85) per month, plus any sales tax if required by law.
(ii)
Two (2) times per week: One hundred forty dollars
and seventy-three cents ($140.73) per month, plus any sales tax if
required by law.
(iii)
Three (3) times per week: One hundred seventy-eight
dollars and ninety-six cents ($178.96) per month, plus any sales tax
if required by law.
(iv)
Four (4) times per week: Two hundred sixteen dollars
and fifty-six cents ($216.56) per month, plus any sales tax if required
by law.
(v)
Five (5) times per week: Two hundred eighty-five dollars and
eight cents ($285.08) per month, plus any sales tax if required by
law.
(F)
Customers in industrial district.
Any industrial
or commercial customer in an approved city industrial district, paying
a tax in lieu of annexation, shall pay the same garbage and trash
collection service rate applicable for such customers as if inside
the city limits. This subsection shall supersede and control any other
conflicting provisions.
(G)
Additional regulations.
The solid waste superintendent
shall have the authority to establish regulations governing the number
of customers per container, the number and placement of containers,
the rates paid by each customer using one container, the classification
of accounts and other rules necessary for the orderly administration
of the garbage and trash collection.
(3)
Restoration of service when service discontinued for nonpayment.
When garbage and trash service is discontinued at any location
and the container removed because of nonpayment of such service, the
customer shall be required to pay to the city a charge of twenty-nine
dollars and fifty-nine cents ($29.59) prior to restoration of such
service and return of the container to such location.
(4)
Compactor and roll-off service.
The city shall
lease city-owned compactors and roll-offs at the following terms and
conditions with a minimum fee of two hundred twenty-seven dollars
and forty-seven cents ($227.47) per month. Privately owned compactors
and roll-offs will be serviced at the same terms and conditions excluding
rental fees. Monthly rental fees for compactor will be eight dollars
and forty-six cents ($8.46) times the cubic yard size of the unit(s).
Rental fees for roll-off units will be six dollars and thirty-seven
cents ($6.37) per day for thirty cubic yard (30 cy) containers and
eight dollars and one cent ($8.01) per day for forty cubic yard (40
cy) containers. A fee of sixty-three dollars and sixty-eight cents
($63.68) may be charged for open tops rented ten (10) days or less.
The service fee for picking up any of the roll-off or compactor units
will be two hundred twenty-seven dollars and forty-nine cents ($227.49),
plus the landfill tipping fees and state agency fees.
(A)
Any compactor or roll-off that requests service and cannot be
loaded due to being too heavy may be charged one hundred thirty-six
dollars and fifty cents ($136.50) attempted service fee.
(B)
After hours, weekends and holiday service shall be two hundred
twenty-seven dollars and forty-nine cents ($227.49) per service.
(C)
Compactor or roll-off units that are over the legal weight limits
may be charged an additional one hundred sixty-three dollars and seventy-eight
cents ($163.78). This is to encourage compliance with state highway
weight laws.
(E)
When weighing equipment is not in operating condition.
There will be an nine dollar and nine cents ($9.09) charge per
agreed cubic yard of material to be disposed of plus other fees as
they apply. Customers with previous credit hauling history may be
charged based on past average charges.
(5)
Applicability.
When garbage, rubbish and solid
waste collection is made available to a building or establishment,
the applicable charge shall be due from the person or business responsible
for the building or establishment, regardless of the method of collection
or number of pickups, or regardless of whether service is provided
inside or outside the city limits.
(Ordinance 97-36, sec. 1, adopted 8/26/97; Ordinance 2000-14, sec. 1, adopted 5/23/00; Ordinance 2001-11, sec. 1, adopted 3/13/01; Ordinance 2001-40, sec. 1, adopted 8/28/01; Ordinance 2005-25, sec. 1, adopted 8/23/05; Ordinance 2006-48 adopted 8/22/06; Ordinance 2007-33 adopted 8/28/07; 1957 Code, sec. 7-11; Ordinance 2009-31, sec. 1, adopted 8/25/09; Ordinance 2013-47 adopted 8/27/13; Ordinance 2015-24 adopted 9/15/15; Ordinance
2016-30 adopted 9/13/16; Ordinance 2020-30 adopted 9/15/20; Ordinance 2021-33 adopted 9/28/21; Ordinance
2022-30 adopted 9/27/2022; Ordinance 2023-22 adopted 9/26/2023; Ordinance
2024-21 adopted 4/23/2024)
The charges fixed by this article shall be payable to the city
on or before the tenth day following the mailing of the bill therefor.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-12)
The driver of any vehicle, including any vehicle of a private
collector, shall immediately replace any garbage, rubbish or solid
waste which is spilled from such vehicle, whether such spilling occurs
during the loading, unloading or transportation of such garbage, rubbish
or solid waste. Failure to do so shall constitute an offense.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-21)
It shall be unlawful for any person, except a duly authorized
agent or employee of the city, or an owner disposing of his own waste,
or a person who has received a contract from the city or licensed
by the city, to handle or remove any garbage, rubbish or solid waste
placed in a city container or other receptacle.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-22)
In addition to other items specifically prohibited from disposal
in city containers or other receptacles, it shall be unlawful for
a person to dispose of fetal tissue in a city container or other receptacle.
(Ordinance 97-36, sec. 1, adopted 8/26/97; 1957 Code, sec. 7-23)
