The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means any solid waste, such as litter, feces, feathers and coat clippings, from the breeding, raising, containing, maintaining or grooming of animals at places of residence, stables, kennels, pet pens, chicken coops, or other places of a similar nature. Animal waste shall not include waste generated from health care-related facilities such as veterinary establishments. Animal waste shall not include dead animals.
means plastic or paper sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. The total weight of a bag and its contents shall not exceed 35 pounds.
means cuttings or trimmings from trees, shrubs, or lawns and similar materials as defined in 30 Tex. Admin. Code sec. 330.3.
means municipal solid waste composed of materials not easily contained in a cart such as, but not limited to, appliances, brush, carpet, furniture, pallets and other large items. The term “bulk waste” shall exclude animal waste, dead animals, construction or demolition waste (C & D), and excluded waste.
means any watertight plastic receptacle approved by the city for the purpose of containing municipal solid waste or recyclable materials that is equipped with wheels and an attached tightfitting lid designed or intended to be mechanically or manually dumped into a garbage collection truck.
means the act of removing solid waste (or materials that have been separated for the purpose of recycling) for transport elsewhere set forth in 30 Tex. Admin. Code sec. 330.3.
means a watertight receptacle, regardless of its size, which has a compaction mechanism, whether stationary or mobile, equipped with closeable doors intended to be loaded onto a motor vehicle.
means the controlled biological decomposition of organic materials through microbial activity set forth in 30 Tex. Admin. Code sec. 330.3.
means solid waste resulting from construction or demolition projects; includes all materials that are directly or indirectly the byproducts of construction or work or that result from demolition of buildings and other structures, including, but not limited to, paper, cartons, plastic buckets and drums, gypsum board, wood, rebar, aluminum or vinyl siding, excelsior, rubber, plastics, concrete, asphalt, corrugated cardboard, roofing tiles, asphalt shingles, tar paper, and floor tiles.
means a cart, dumpster or compactor.
means the area located within three feet of and parallel to the edge of the city street or alleyway that provides primary access to the property.
means to abandon a material and not use, reuse, reclaim, or recycle it. A material is abandoned by being disposed of; burned or incinerated (except where the material is being burned as a fuel for the purpose of recovering usable energy); or physically, chemically, or biologically treated (other than burned or incinerated) in lieu of or prior to being disposed pursuant to 30 Tex. Admin. Code sec. 330.3.
means a watertight receptacle, with a capacity of approximately two cubic yards up to approximately eight cubic yards, equipped with a tightfitting lid and designed or intended to be mechanically dumped into a loader-packer type truck.
means the fee that is authorized by the city council and collected by the franchisee or the city.
means solid waste not accepted by a landfill.
means the individual or entity with whom the city has a franchise agreement to collect, remove and dispose of solid waste, garbage and/or recyclable material, including construction or demolition waste.
means solid waste consisting of putrescible 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 pursuant to 30 Tex. Admin. Code sec. 330.3.
means any person, by site or location, that produces solid waste to be shipped to any other person, or whose act or process produces a solid waste or first causes it to become regulated pursuant to 30 Tex. Admin. Code sec. 330.3.
means any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq., as amended, and 30 Tex. Admin. Code sec. 330.3.
means any solid waste generated in a household by a consumer which, except for the exclusion provided in 40 CFR 261.4(b)(1), would be classified as a hazardous waste under 40 CFR 261. The term has the same meaning as hazardous household waste as defined in 30 Tex. Admin. Code sec. 335.402.
means the offense as defined by the Texas Litter Abatement Act.
means solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations set forth in 30 Tex. Admin. Code sec. 330.3.
means a solid waste management unit where solid waste is placed in or on land and which is not a pile, a land treatment unit, a surface impoundment, an injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit pursuant to 30 Tex. Admin. Code sec. 330.3.
means a container designed to prevent the inadvertent escape of trash and capable of containing liquids.
means as defined in the Texas Litter Abatement Act; garbage, rubbish and refuse; decayable waste and nondecayable solid waste.
means matter that has qualities which give it individuality and by which it may be categorized.
means treated and untreated special waste from health care-related facilities that is comprised of animal waste, bulk blood, bulk human blood, bulk human body fluids, microbiological waste, pathological waste, and sharps as those terms are defined in 25 Tex. Admin. Code sec. 1.132 (relating to definitions) from the sources specified in 25 Tex. Admin. Code sec. 1.134 (relating to application), as well as regulated medical waste as defined in 49 CFR 173.134(a)(5), except that the term does not include medical waste produced on a farm or ranch as defined in 34 Tex. Admin. Code sec. 3.296(f) (relating to agriculture, animal life, feed, seed, plants, and fertilizer), nor does the term include artificial, nonhuman materials removed from a patient and requested by the patient, including, but not limited to, orthopedic devices and breast implants. Health care-related facilities do not include:
means solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste other than industrial solid waste set forth in 30 Tex. Admin. Code sec. 330.3, excluding animal waste and excluded waste.
means solid waste that is not hazardous waste.
means municipal solid waste that is stored, processed, or disposed of in a manner that causes the pollution of the surrounding land, the contamination of groundwater or surface water, the breeding of insects or rodents, or the creation of odors adverse to human health, safety, or welfare. A nuisance is further set forth in Texas Health and Safety Code, V.T.C.A., Water Code chs. 341 and 382; V.T.C.A., Water Code ch. 26; and any other applicable regulation or statute set forth in 30 Tex. Admin. Code sec. 330.3.
means any person occupying or having possession of a property or any portion thereof.
means any person who, alone or with others, has title or interest in a property with or without accompanying actual possession thereof, and including any person who as agent, or as executor, administrator, trustee or guardian of an estate, has charge, care or control of any property.
means activities including, but not limited to, the extraction of materials, transfer, volume reduction, conversion to energy, or other separation and preparation of solid waste for reuse or disposal, including the treatment or neutralization of waste, designed to change the physical, chemical, or biological character or composition of any waste to neutralize such waste, or to recover energy or material from the waste, or render the waste safer to transport, store, dispose of, or make it amenable for recovery, amenable for storage, or reduced in volume pursuant to 30 Tex. Admin. Code sec. 330.3.
means a material that has been recovered or diverted from the nonhazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable material is not solid waste. However, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material set forth in 30 Tex. Admin. Code sec. 330.3.
means a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, the term “recycling” includes the composting process if the compost material is put to beneficial use set forth in 30 Tex. Admin. Code sec. 330.3.
means a facility that has the required authorization from Texas Commission on Environmental Quality, or equivalent state agency, for processing of recyclable materials and is in compliance with local, state, and federal laws.
means the same as “rubbish,” as defined in 30 Tex. Admin. Code sec. 330.3.
means a dwelling within the city limits occupied by a person or group of persons that is residentially zoned or used for residential purposes.
means any watertight receptacle, with a capacity of approximately ten cubic yards up to approximately 40 cubic yards, intended to be loaded onto a motor vehicle.
means nonputrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, brush, or similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, and similar materials that will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit) set forth in 30 Tex. Admin. Code sec. 330.3.
means the uncontrolled and unauthorized removal of materials at any point in the solid waste management system pursuant to 30 Tex. Admin. Code sec. 330.3.
The term “solid waste” means 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 V.T.C.A., Water Code ch. 26;
Soil, dirt, rock, sand, and other natural or man-made 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; or
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 the state under V.T.C.A., Natural Resources Code sec. 91.101, unless the waste, substance, or material results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants, or repressurizing plants and is hazardous waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended (42 USC 6901 et seq.), and 30 Tex. Admin. Code sec. 330.3.
means any solid waste or combination of solid wastes that because of its quantity, concentration, physical or chemical characteristics, or biological properties requires special handling and disposal to protect the human health or the environment. If improperly handled, transported, stored, processed, or disposed of or otherwise managed, it may pose a present or potential danger to the human health or the environment. Special wastes are:
Hazardous waste from conditionally exempt small-quantity generators that may be exempt from full controls under 30 Tex. Admin. Code sec. 335.401 et seq. (relating to household materials which could be classified as hazardous wastes);
Class 1 industrial nonhazardous waste;
Untreated medical waste;
Municipal wastewater treatment plant sludges, other types of domestic sewage treatment plant sludges, and water-supply treatment plant sludges;
Septic tank pumpings;
Grease and grit trap wastes;
Wastes from commercial or industrial wastewater treatment plants; air pollution control facilities; and tanks, drums, or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 CFR 261, Appendix VIII but has not been listed as a commercial chemical product in 40 CFR 261.33(e) or (f);
Slaughterhouse wastes;
Dead animals;
Drugs, contaminated foods, or contaminated beverages, other than those contained in normal household waste;
Pesticide (insecticide, herbicide, fungicide, or rodenticide) containers;
Discarded materials containing asbestos;
Incinerator ash;
Soil contaminated by petroleum products, crude oils, or chemicals in concentrations of greater than 1,500 milligrams per kilogram total petroleum hydrocarbons; or contaminated by constituents of concern that exceed the concentrations listed in Table 1 of 30 Tex. Admin. Code sec. 335.521(a)(1) (relating to Appendices);
Used oil;
Waste from oil, gas, and geothermal activities subject to regulation by the railroad commission of the state when those wastes are to be processed, treated, or disposed of at a solid waste management facility authorized under this chapter;
Lead acid storage batteries; and
Used oil filters from internal combustion engines. 30 Tex. Admin. Code sec. 330.3.
means the keeping, holding, accumulating, or aggregating of solid waste for a temporary period, at the end of which the solid waste is processed, disposed, or stored elsewhere.
Examples of storage facilities are collection points for:
Only nonputrescible source-separated recyclable material;
Consolidation of parking lot or street sweepings or wastes collected and received in sealed plastic bags from such activities as periodic citywide cleanup campaigns and cleanup of rights-of-way or roadside parks; and
Accumulation of used or scrap tires prior to transportation to a processing or disposal facility.
Storage includes operation of pre-collection or post-collection as follows:
Pre-collection–that storage by the generator, normally on his premises, prior to initial collection; or
Post-collection–that storage by a transporter or processor, at a processing facility, while the waste is awaiting processing or transfer to another storage, disposal, or recovery facility, 30 Tex. Admin. Code sec. 330.3.
mean the Texas Administrative Code.
means the same as “rubbish,” as defined in 30 Tex. Admin. Code sec. 330.3.
means nonhazardous waste.
means grass, weeds, or uncultivated plants that are on average greater than 12 inches in height.
(Ordinance 586, sec. III(D), adopted 6/26/12)