The purpose of this division is to protect the public health,
safety, and welfare of the residents of the city by prescribing minimum
standards for the generation, storage, collection, transportation
and disposal of solid waste and related matter, by providing operational
procedures, establishing rate schedules and enforcement procedures
for the regulation of solid waste collection and disposal operation
within the city.
(Ordinance 1084 adopted 9/20/07; Ordinance 1210 adopted 6/4/20)
(a) The
owner, agent and occupant of any residence, business establishment,
industry, institution, or other premises shall be jointly and severally
responsible for the sanitary condition of, and for proper storage,
containment and provision for collection of solid waste generated
on or by, or accumulating on or at such residence, business establishment,
industry, institution or other premises, in accordance with the provisions
of this division.
(b) The
owner, agent and occupant of any residence, business establishment,
industry, institution or other premises shall be jointly responsible
for the storage of solid waste in a manner that prevents the scattering
of waste over the streets, alleys and other premises of the city by
wind or animals.
(c) It
is unlawful for any person to hinder, threaten, impede, or obstruct
any waste collection crew or its equipment in the performance of its
duties.
(Ordinance 1084 adopted 9/20/07; Ordinance 1210 adopted 6/4/20)
Residential, commercial and industrial rates are set by city
council ordinance and may be found in the schedule of rates and charges
for the garbage department which is kept on file in the city secretary’s
office.
(Ordinance 1084 adopted 9/20/07; Ordinance 1210 adopted 6/4/20)
No person other than the city, the owner or occupant of a premises,
or a contractor who is approved by the city shall provide refuse collection,
removal and/or disposal services within the corporate limits of the
city.
(Ordinance 1084 adopted 9/20/07; Ordinance 1210 adopted 6/4/20)
Bags.
Plastic sacks designed to store solid waste with sufficient
wall strength to maintain physical integrity when lifted by the top.
Total weight of a bag and its contents shall not exceed thirty-five
(35) pounds.
Bin.
Metal receptacle designed to be lifted and emptied mechanically
for use at residential, commercial and industrial units.
Bulky waste.
Stoves, refrigerators (CFC’s must be removed and tagged),
water tanks, washing machines, furniture and other waste materials
other than construction debris, dead animals, hazardous waste or stable
matter with weights or volumes greater than those allowed for bins
and containers.
Bundle.
Tree, shrub and brush trimmings or newspapers and magazines
securely tied together forming an easily handled package not exceeding
three feet in length or 50 lbs. in weight.
City.
City of Coleman, Texas.
Commercial and industrial unit.
All premises, locations or entities, public or private, requiring
refuse collection within the corporate limits of the city not a residential
unit.
Commercial dumpster.
A container with a capacity of between 2–8 cubic yards constructed of metal and adequate to allow access and removal by an automated refuse truck. Commercial dumpsters may only be used by commercial unit customers, except for temporary uses as provided in section
6.04.006(f).
Construction debris.
Waste building material resulting from construction, remodeling,
repair or demolition operation.
Container.
A receptacle with a capacity of between 2–6 cubic yards
constructed of metal and adequate to allow access and removal by an
automated refuse truck.
Contractor.
The person, corporation or partnership performing solid waste
collection and disposal under contract with the city.
Dead animals.
Animal or portions thereof equal to or greater than 10 lbs.
in weight that have expired from any cause, except those slaughtered
or killed for human use.
Disposal site.
A refuse depository, physically located in the City of Abilene,
Texas, or in close proximity thereto, including but not limited to
sanitary landfills, transfer stations, incinerators, and waste processing/separation
centers licensed, permitted or approved by all governmental bodies
and agencies having jurisdiction and requiring such licenses, permits
or approvals to receive for processing or final disposal of refuse
and dead animals.
Garbage.
Any and all dead animals of less than 10 lbs. in weight,
except those slaughtered for human consumption; every accumulation
of waste (animal, vegetable and/or other matter) that results from
the preparation, processing, consumption, dealing in, handling, packing,
canning, storage, transportation, decay or decomposition of meats,
fish, fowl, birds, fruits, grains or other animal or vegetable matter
(including, but not by way of limitation, used in cans and other food
containers; and all putrescible or easily decomposable waste animal
or vegetable matter which is likely to attract flies or rodents);
except (in all cases) any matter included in the definition of the
bulky waste, rubbish or stable matter.
Hazardous waste.
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. Motor oil, gasoline, paint and paint cans are considered to be
items of hazardous waste.
Occupant.
A renter, owner, lessee, individual, dweller, resident, tenant,
user, and/or business that occupies any premises within the city or
that has care, custody or control of the premises.
Polycart.
A polycart with a capacity of ninety-five (95) gallons constructed
of durable plastic and having a tight fitting lid capable of preventing
entrance into the container by vectors.
Producer.
An occupant of a commercial and industrial unit who generates
refuse.
Refuse.
Residential refuse, commercial and industrial refuse, bulky
waste, construction debris and stable matter generated at a residential
unit, unless the context otherwise requires, and commercial and industrial
refuse.
Residential unit.
A dwelling within the corporate limits of the city occupied
by an individual or group of persons comprising no more than four
families. A residential unit shall be deemed occupied when either
water or domestic light and power services are being supplied thereto.
A condominium dwelling, whether of single or multilevel construction,
consisting of four or less contiguous or separate single-family dwelling
units, shall be treated as residential unit, except that each single-family
dwelling within any such residential unit shall be billed separately
as a residential unit.
Roll-off container services.
The term “roll-off” container service shall mean,
upon customer request, that the contractor shall place a metal container
receptacle for use with either carryout garbage and refuse or bulky
waste as defined below.
Rubbish.
All waste wood, wood products, tree trimmings, grass cuttings,
dead plants, weeds, leaves, dead trees or branches thereof, chips,
shavings, sawdust, printed matter, paper, pasteboard, rags, straw,
used and discarded mattresses, used and discarded clothing, used and
discarded shoes and boots, combustible waste pulp and other products
such as are used for packaging or wrapping crockery and glass, ashes,
cinders, floor sweepings, glass, mineral or metallic substances, and
any and all other waste materials not included in the definition of
bulky waste, construction debris, dead animals, garbage, hazardous
waste or stable matter.
Stable matter.
All manure and other waste matter normally accumulated in
or about a stable, or any animal, livestock or poultry enclosure,
and resulting from the keeping of animals, poultry or livestock.
(Ordinance 1084 adopted 9/20/07; Ordinance 1210 adopted 6/4/20)
(a) No
person shall place refuse in any street, vacant lot, gutter, roadway,
park, or other public place within the city, or upon private property
within the city, whether owned by such person or not, except if placed
in containers authorized for collection. Nor shall a person throw
or deposit refuse in a stream or body of water.
(b) Any unauthorized accumulation of refuse on a premises is hereby declared to be a nuisance and is prohibited. Failure to remove existing accumulation of refuse within 30 days of the effective date hereof shall be deemed to a violation of this division and may be subject to enforcement action under article
8.06 of this code.
(c) The
contractor shall provide one 95-gallon polycart to all residential
and selected commercial customers to be serviced by the automated
collection system. Additional carts may be obtained by contacting
the city and paying an established fee. The occupant of a residential
or business establishment is responsible for keeping the container
clean and in a sanitary condition. The occupant of the property is
responsible for the cost of replacing the container if replacement
is due to misuse by the occupant.
(d) Residential
unit customers are prohibited from using commercial dumpsters for
the regular collection of municipal solid waste. Notwithstanding the
foregoing, commercial dumpsters may be used, if approved by the city,
for temporary use during construction, cleanup or demolition of the
property.
(e) Commercial
dumpsters may not be placed on public sidewalks and public streets.
(f) The
contractor shall provide appropriate containers for commercial, business,
industrial and institutional customers as requested. Such containers
will be maintained in good working order by the contractor, or replaced
when determined to no longer be in serviceable condition.
(g) Vandalism
of containers shall be reported to the public works director and/or
the city police department.
(h) No
person shall deposit waste in a container assigned to another person
or set out waste for collection at another person’s service
location.
(i) Scavenging
of solid waste set out for collection is prohibited.
(Ordinance 1084 adopted 9/20/07; Ordinance 1210 adopted 6/4/20)
(a) The
city or approved contractor shall direct the collection of refuse
from all residences and commercial establishments. Schedules, routes
and operational criteria for the collection by automated service will
be established and published for public information. A minimum of
one polycart will be required per residence. Collection will be at
least once per week.
(b) Special
accommodations shall be made for residents unable to handle the polycart.
A notarized affidavit/waiver form must be submitted with the signature
of a U.S. licensed physician. Allow 10 days for the application to
be processed.
(c) Residential
customers shall place polycarts at curbside by 6:00 a.m. on the designated
collection day, but no earlier than 6:00 p.m. the previous day. Carts
shall be removed from curbside by 7:00 p.m. on collection day.
(d) Carts
should be placed with the handle away from the curb. All garbage must
be bagged and placed inside the polycart. Carts should not be placed
within 4 feet of a mail box, utility meter or other obstruction. Carts
should be placed more than 12 feet from a parked car. No polycart
shall be stored or placed for collection within a public walkway,
roadway or alley.
(e) Commercial
customers receiving automated curbside service will be provided one
(1) 95-gallon polycart. Additional carts may be obtained by contacting
the city and paying an established fee.
(f) Each
container shall be assigned to the property and not to the occupant
of the property. No person who occupies the property may remove the
container from the assigned property.
(Ordinance 1084 adopted 9/20/07)
Residential and commercial collection rates shall be established
by the contractor, with the approval of the city. The contractor may
from time to time petition the city to change service routes or days
of collection. Upon the approval of the city for proposed changes,
the city shall promptly give written or published notice to the affected
residential and commercial customers.
(Ordinance 1084 adopted 9/20/07)
Except as otherwise provided by state law and this chapter,
every person with a utility account with the city shall subscribe
to the waste collection services provided by the city for such property.
(Ordinance 1084 adopted 9/20/07)
Citizens who have alleys behind their homes are responsible
for maintaining those areas free of debris and overgrowth.
(Ordinance 1084 adopted 9/20/07)
(a) The
city council will establish a schedule of rates to be charged for
waste services within the city by ordinance. Rates will be reflected
for each customer on their monthly utility bill.
(b) Penalties
may be assessed for nonpayment of fees according to established administrative
policies.
(Ordinance 1084 adopted 9/20/07)
(a) Except as permitted under article
5.06 of the code, burning of waste materials of any kind or the burning of waste in a polycart, metal dumpster, roll-off or similar container is prohibited.
(b) Subsection
(a), shall not apply to the following:
(1) Barbecues or similar cooking devices while being used for the cooking
of food for human consumption only.
(2) Comfort heating by use of a fireplace or wood burning stove that
is not being used primarily for the burning of waste materials.
(3) Controlled fires for the purpose of training firefighters.
(4) Personal use of cigarettes, cigars or pipes.
(5) Fire-fed lighting and heating devices such as candles, water heaters
and lanterns.
(6) Pathological-type incinerators or furnaces used by hospitals, veterinary
hospitals, crematoriums or similar establishments for the incineration
of body parts, bandages or related refuse.
(Ordinance 1084 adopted 9/20/07)
Any person violating any of the provisions of this division for which a penalty shall be imposed shall be deemed guilty of a misdemeanor and upon conviction thereof in the municipal court shall be fined in accordance with the general penalty provision set forth in section
1.01.009 of this code. Each day such violation continues shall constitute a separate offense.
(Ordinance 1084 adopted 9/20/07)
The city convenience center will be located adjacent to the
existing type IV landfill owned by the city. The convenience center
will be open the same hours as the type IV landfill, which is on Saturdays,
9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. The convenience
center will be open to city and county residents. Hunters are also
welcome.
(Ordinance 1069, ex. A, adopted 11/16/06)
(a) Household
waste will be accepted at the convenience center for a fee per thirty-gallon
bag, box, or other container. A charge per cubic yard will apply for
loose material as determined by measurement of the landfill attendant.
All fees as set from time to time by the council are maintained on
file in the office of the city secretary.
(b) For
definition, a cubic yard is 3 feet x 3 feet x 3 feet.
(Ordinance 1069, ex. A, adopted 11/16/06)
Items that may be accepted at the convenience center are:
(1) Residential/household
garbage.
(3) Metal
that can be loaded/unloaded by hand.
(4) Refrigerators,
mowers, air conditioners that have had all fluids removed and have
been properly tagged by a licensed repairman.
(5) Miscellaneous
lumber items from a residence (lumber from small renovation projects
being performed by a property owner are allowed).
(Ordinance 1069, ex. A, adopted 11/16/06)
Items that may not be accepted at the convenience center are:
(5) Household
hazardous materials or medical wastes.
(6) Any
other materials considered hazardous.
(7) Any
materials from contractors.
(Ordinance 1069, ex. A, adopted 11/16/06)
All loads must be covered with a tarp so that littering does
not occur. Loads not covered with a tarp will be subject to a fee
as set from time to time by the council and on file with the city
secretary after a one-time warning.
(Ordinance 1069, ex. A, adopted 11/16/06)