City of Garland, TX GENERAL DISPOSAL STANDARDS

No sewage, human excrement, or industrial waste may be discharged, deposited or permitted to flow on, in, or under the surface of the ground, unless such sewage meets the standards and requirements of this article.

No sewage, human excrement or industrial waste may be discharged to, deposited on, or permitted to flow into any of the water in, flowing through, or bordering on the City unless such sewage complies with the standards and requirements of this article.

Any sewage, sludge, industrial waste, human excrement or liquid putrescible material, or liquid toxic material removed, transported, or disposed of in any manner other than that provided in this article is deemed to be an offensive material dangerous or prejudicial to health and is hereby declared to be a nuisance.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.101 Not to create source of flies, mosquitoes, offensive odors, etc.

Sewage, sewage effluent, or human excreta shall not be allowed to remain open to the atmosphere or on the surface of the ground so that it is or is likely to be:

A source of flies and fly breeding.

A source of noxious or offensive odors and conditions inimical to the public interest, dangerous or prejudicial to health or a public nuisance.

A source of mosquitoes and mosquito breeding.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.102 Not to endanger water supply or damage storm drains, channels, etc.

Sewage, sewage effluent or human excreta shall not be allowed to endanger any source or supply of drinking water, or cause damage to any storm drain, channel or public or private property.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.103 Discharge into watercourses, storm drains, etc.

Raw or untreated sewage shall not be allowed in any body of water, watercourse, any underground water, any stormwater drain, channel or other surface water drain.

Sewage in such quantity and of such quality that its discharge into waters will interfere with the biochemical functioning of the stream waters, or will kill or interfere with the normal development of fish or other foods derived from such waters shall not be discharged or permitted to flow into such waters.

Sewage shall not be discharged in any manner causing or permitting to likely cause or permit the deposit of excreta particles or sewage sludge along the margins of streams or other waters at or above the minimum low water mark.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.104 Contact with food plants or milk-producing animals.

No raw or untreated domestic sewage or sewage containing domestic wastes shall be permitted to irrigate or flow into any ground so that the edible portion of vegetable, fruit, root crops, or the edible portion of other growing food plants may come in contact with the sewage or with such soil or onto any ground used or intended to be used for the pasture or enclosure of animals producing milk likely to be used for human consumption, so that the sewage or soil containing such sewage will come in contact with such animals.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.105 Storm and unpolluted process or cooling waters not to be admitted to certain sanitary sewers.

Stormwater or unpolluted process or unpolluted cooling waters shall not be admitted to sanitary sewers designed and intended to be used exclusively as carriers of domestic sewage and suitable industrial wastes.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.106 Automobile wash rack wastes.

Automobile wash rack waste shall be passed through a sand and grease interceptor acceptable to the approving authority before discharge, and shall then be discharged into a sanitary sewer of the City.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.107 By-passing treatment plant.

Where a sewage treatment plant is provided, no sewage shall be allowed to by-pass the plant, nor shall any untreated sewage be discharged into the waters such plant is designed to protect, except as specifically provided in the operating permit required by this article.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.108 Definitions.

Approved

means accepted as satisfactory under the terms of this article and given formal and official sanction by the approving authority.

Approving authority

means the Director of Health or any other official designated by the City Manager or his duly authorized deputy, agent, or representative.

City

means the City of Garland, Texas.

Disposal

means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or semi-solid grease trap waste, grit trap waste, and/or septage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including groundwaters.

(E)

Disposal site

means a permitted site or part of a site at which grease trap waste, grit trap waste, or septage is processed, treated and/or intentionally placed into or on any land and at which said waste will remain after closure.

(F)

Disposer

means a person who receives, stores, retains processes, or disposes of liquid waste.

(G)

Generator

means a person who causes, creates, generates, or otherwise produces liquid waste.

(H)

Grease trap

means a watertight receptacle designed and constructed to intercept and prevent the passage of greasy, fatty liquid, semi-liquid, and/or solid wastes generated from commercial operations into the sanitary sewer system to which the receptacle is directly or indirectly connected.

(I)

Grease trap waste

means greasy, fatty liquid, semi-liquid, and/or solid wastes removed from commercial operations by a grease trap.

(J)

Grit trap

means a watertight receptacle designed and constructed to intercept and prevent the passage of petroleum based oil, grease wastes and solids into the sanitary sewer system to which the receptacle is directly or indirectly connected.

(K)

Grit trap waste

means petroleum based oil, grease wastes and solids from commercial automotive or heavy machinery repair and/or washing facilities.

(L)

Hazardous waste

means any liquid, semi-liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics may:

Have any of the following characteristics: toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness;

Pose a substantial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the Administrator, U.S. Environmental Protection Agency (EPA) pursuant to the federal “Solid Waste Disposal Act,” as amended by the “Resource Conservation and Recovery Act of 1976” and as may be amended in the future.

(M)

Liquid waste

means waterborne solids, liquids, and gaseous substances derived from a grease trap, grit trap, chemical/portable toilet and/or septic tank and described as a grease trap waste, grit trap waste or septage.

(N)

Manager

means the person conducting, supervising, managing or representing the activities of a generator, transporter or disposer.

(O)

Manifest system

means a system consisting of a four-part trip ticket used to document the generation, transportation and disposal of liquid waste.

(P)

Owner

means the person who owns a facility or part of a facility.

(Q)

Permit

means the formal written document issued to a person by the approving authority authorizing collection of grease trap waste, grit trap waste and septage.

(R)

Permittee

means a person granted a permit under this article.

(S)

Person

means an individual, corporation (including a government corporation), organization, government, governmental subdivision or agency, federal agency, state, political subdivision of a state, interstate agency or body, business or business trust, partnership, association, firm, company, joint stock company, commission, or any other legal entity.

(T)

POTW

means publicly owned treatment works.

(U)

Sanitary sewer

means a sewer which carries sewage and to which storm, surface, and groundwater are not normally admitted.

(V)

Septage

means wastes removed from a portable toilet, chemical toilet or septic tank.

(W)

Shall.

The word “shall” wherever used in this article will be interpreted in its mandatory sense; “may” is permissive.

(X)

Special wastes.

Any solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, require special handling and disposal to protect the human health or the environment.

(Y)

Spill

means the accidental or intentional loss or unauthorized discharge of grease trap waste, grit trap waste, and septage.

(Z)

Tank

means a device, designed to contain an accumulation of grease trap waste, grit trap waste and septage which is constructed primarily of nonearthen materials (e.g., concrete, steel, plastic) to provide structural support for the containment.

(AA)

TDH

means Texas Department of Health [Texas Department of State Health Services (DSHS)].

(BB)

TNRCC

means Texas Natural Resource Conservation Commission [Texas Commission on Environmental Quality (TCEQ)].

(CC)

Toxic waste

means any liquid, semi-liquid, or solid waste material which has the ability to chemically produce injury once it reaches a susceptible site in or on the body.

(DD)

Transporter

means the person who operates a vehicle for the purpose of transporting liquid waste.

(EE)

Trip ticket

means the shipping document originated and signed by the transporter which contains the information required by the approving authority.

(FF)

Vehicle

means a mobile device in which or by which liquid waste may be transported upon a public street or highway.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.109 Liquid waste transportation–Permit required.

A person commits an offense if he operates or causes to be operated a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of the liquid waste and the approving authority shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number is issued for each vehicle operated.

A person who desires to obtain a permit must make application on a form provided by the approving authority.

A person who desires to obtain a permit must submit to the approving authority at the time of application a photocopy of the manager’s drivers license. The approving authority shall be notified of manager employment changes during the permit period and shall be provided a copy of the new manager’s drivers license.

The approving authority shall not issue a permit unless the applicant submits for inspection by the approving authority the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the approving authority to be constructed and equipped in accordance with the provisions of this article.

(E)

A permit is not transferable.

(F)

A permit issued by the City excludes the hauling of materials that are hazardous in nature.

(G)

Transporters transporting hazardous wastes must have the applicable Texas Natural Resource Conservation Commission (TNRCC) and U.S. Environmental Protection Agency (EPA) registration number and use the appropriate EPA manifest system.

(H)

Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid wastes. The approving authority shall be immediately notified of additional disposal sites used during the permit period.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.110 Fee and display of permit.

The approving authority shall not issue a permit until the appropriate established fee is paid. A person shall pay a fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, for every vehicle operated by the permittee. Each permit must be renewed annually.

The approving authority shall number permits consecutively, and each permit holder shall cause to be displayed on each side of each vehicle in a color contrasting with the background in three-inch letters or larger the business name, TDH registration number and the following: COG-__________.

COG–The first three letters (COG) shall represent the City issuing the permit. The blank space shall contain the permit number. The permit holder shall place business name, TDH registration number and the vehicle permit number on each vehicle before the vehicle is operated. The permit holder shall keep the permit receipt, or a copy, in the vehicle at all times.

(Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 5666, sec. 3, adopted 9/17/02; Ordinance 6350, sec. 3, adopted 9/1/09.; Ordinance 7363 adopted 9/6/2022)

§ 22.111 Liquid waste vehicles: maintenance.

A liquid waste transporter shall:

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

Provide a safety plug or cap for each valve of a tank;

Cause a vehicle exterior to be clean and the vehicle odor-free at the beginning of each work day.

The approving authority may cause to be impounded a vehicle which is being operated in violation of this article, and he may authorize the holding of the vehicle until the violation is corrected. The approving authority may also revoke the permit for the improperly operated vehicle. If a vehicle is impounded or if a permit is revoked, an appeal may be filed by the transporter pursuant to section 22.120.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.112 Liquid waste vehicles: inspection.

A liquid waste transporter’s vehicle shall be inspected by the approving authority prior to the issuance of a vehicle permit, and no permit shall be issued if any vehicle fails to comply with any of the following requirements:

Use a vehicle with a single tank as an integral portion of vehicle to transport liquid wastes; portable tanks or other containers temporarily installed in vehicles are prohibited;

Piping, valves and connectors shall be permanently attached to tank and/or vehicle;

Tank shall be liquid tight;

Tank shall be constructed so that every interior or exterior portion can be easily cleaned;

Piping, valves and connectors shall be accessible and easy to clean;

(6)

Inlet, or opening of tank shall be constructed so that collected waste will not spill during filling, transfer, or during transport;

(7)

Outlet connections shall be constructed so that no liquid waste will leak, run, or spill out from the vehicle;

(8)

Outlets shall be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use;

(9)

Pumps, valves, cylinders, diaphragms and other appurtenances shall be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.113 Responsibilities of a liquid waste transporter.

Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly transport the liquid waste without spillage, leaks, or release of toxic or harmful gasses, fumes, liquids, or other substances. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste.

A transporter with a City liquid waste transporter permit shall not transport materials that are hazardous as defined in section 22.108(L) except in a vehicle permitted by the City for transporting liquid waste.

A transporter holding a City permit shall use a disposal site permitted and approved by the City, or the state, or the federal government.

A manifest system, consisting of a four-part trip ticket shall be used to document the generation, transportation and disposal of all applicable liquid waste generated in the City and shall be used as follows:

Trip ticket books shall be purchased by the transporter from the City Health Department, for an established fee;

A transporter shall complete one trip ticket for each location serviced, with the exception of chemical/portable toilet companies servicing their own units. Chemical/portable toilet companies servicing their own units shall be exempt from trip ticket requirements but shall be required to submit a monthly report of the volumes and locations of disposal of all liquid wastes to the approving authority;

The white copy of the trip ticket shall be signed by the transporter and the generator at the time the waste is collected; the yellow copy shall then be delivered to and maintained by the generator;

The white copy of the trip ticket shall be signed by the disposer at the time of disposal; the pink copy shall then be delivered to and maintained by disposer;

The green copy of the trip ticket shall be maintained by transporter;

(6)

All completed trip ticket books shall contain the white copy of the trip tickets and shall be delivered no less than once a month by the transporter to the City Health Department;

(7)

A copy of all trip tickets shall be maintained by the transporter, generator, disposer and City Health Department, for a minimum period of two (2) years.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.114 Accumulation of liquid waste.

A person commits an offense if he allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his control.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.115 Disposal of liquid waste.

A person commits an offense if he unloads or offers for sale or exchanges liquid waste, except at a place permitted by the City, state, or federal government.

A person commits an offense if he deposits or discharges liquid waste onto a street or into a storm or sanitary sewer or an area that drains into the storm sewer system.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.116 Responsibilities of liquid waste generator.

A generator of liquid waste shall have all liquid waste material picked up from his premises by a liquid waste transporter who holds a valid permit from the City and the liquid waste shall be transported to an approved site for disposal.

A generator of liquid wastes shall not have hazardous wastes or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a City permit.

A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter and shall keep a copy of all trip tickets for a period of two (2) years. The approving authority may inspect these records during normal business hours.

A generator shall:

Install or provide collection device of size and type specified by approving authority;

Maintain collection device in continuous, proper operation;

Supervise proper cleaning of collection device;

Report spills and accidents involving collection device to approving authority within twenty-four (24) hours;

Clean up all spills and accidents immediately and have material disposed of by permitted transporter by proper means.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.117 Responsibilities of liquid waste disposers.

A liquid waste disposer commits an offense if he allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard.

A liquid waste disposer shall:

Obtain and maintain compliance with all licenses and/or permits required by local, state or federal laws;

Accept waste only from a permitted transporter;

Maintain trip ticket copies for a period of two (2) years;

Accept only those classes of wastes authorized by license or permit;

Make available all records required to be kept for inspection by the approving authority during normal business hours.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.118 Rules and regulations.

The approving authority may promulgate rules and regulations as may be necessary to carry out the provisions of this article and protect the public from health and safety hazards. The approving authority may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The approving authority may amend any permit issued hereunder to ensure compliance with applicable laws and regulations.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.119 Denial, suspension, revocation of permit.

The approving authority may deny a permit if it is determined that an applicant is not qualified under section 22.109 of this article and may suspend or revoke a permit if it is determined that a permittee:

Is not qualified under section 22.109 of this article;

Has violated a provision of this article;

Has failed to pay a required fee;

Has failed to comply with maintenance or inspection requirements;

Has failed to deliver trip tickets to the approving authority.

After suspension under this section, a permittee may file a request for reinstatement of the permit. The approving authority may reinstate the permit if it determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid.

The approving authority may revoke for a period of one (1) year all permits held by a liquid waste transporter if the transporter or an employee of the transporter violates any of the provisions of this article, any rule or regulation promulgated by the approving authority, or applicable provisions of the City Code or state law.

A permittee whose permit is suspended or revoked shall not collect, transport, or dispose of any waste materials within the jurisdiction of the approving authority.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.120 Appeal.

If the approving authority denies the issuance of a permit, or revokes a permit, he shall send to the applicant, or permit holder, by certified mail, return receipt requested, written notice of his action and the right to an appeal. The applicant, or permit holder, may appeal the decision of the approving authority in accordance with the following criteria:

The applicant shall file a request for appeal with the approving authority within ten (10) days from the date of permit denial or revocation;

The approving authority shall provide the applicant a hearing before the Director of Health as soon as practicable;

The Director of Health, after receiving testimony and reviewing records from the applicant and the approving authority, shall:

(a)

Uphold the denial or revocation; or

(b)

Overturn the denial or revocation.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.121 Responsibility of corporations or associations.

In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment.

Any person, operator, or owner who shall violate any provisions of this article, or who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed one thousand dollars ($1,000.00), and each violation shall constitute a separate offense and shall be punished accordingly.

Any person found to be guilty of violating provisions of this article shall become liable to the City for any expense, loss, or damage occasioned by the City for reason of appropriate clean-up and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half (1/2) of assessed clean-up costs shall be levied by the City against the guilty person.

(Ordinance 5544, sec. 1, adopted 3/20/01)

§ 22.122 Reclamation of sewage effluent.

Sewage effluent may be used as an industrial process water when, in addition to any specifications required by the industry using or intending to use such sewage effluent or by any public agency, such waters meet the following requirements:

Such water, after treatment as sewage, shall be considered as a raw water source and shall receive such additional treatment as may be required by the City Health Department to provide safe water under the conditions of the specific use.