(a)
Citizens’ collection station.
Household trash.
Salvaging.
Scavenging.
Definitions.
A facility established for the convenience and exclusive
use of residents (not commercial or industrial users or collection
vehicles). The facility may consist of one or more storage containers,
bins, or trailers.
Solid waste comprising of garbage and rubbish (such as bottles,
cans, clothing, compost, disposables, food packaging, food scraps,
newspapers and magazines, and yard trimmings) that originates from
private homes or apartments. It may also contain household hazardous
waste.
The controlled removal of waste materials for utilization,
recycling, or sale.
The uncontrolled and unauthorized removal of materials at
any point in the solid waste management system.
(b)
Use by city residents.
Every resident (not commercial
or industrial) who pays the city for refuse service may use the city’s
citizens’ collection station, located at the city’s recycling
center, one time per month at no charge upon presentation of a current
city utility payment stub verifying refuse service and a government
issued ID. If no such utility bill stub and/or government issued ID
can be presented, then the appropriate fee shall be paid before such
use is allowed. If said resident has already exercised his/her one
free use during the month, then any additional use during the same
month will require payment of the appropriate fee. Dump trucks, flatbed/stake-side
trucks and trailers longer than 16 feet will not be allowed a free
use, and any use by such truck or trailer shall require payment of
the appropriate fee.
(c)
Use by residents not paying for refuse service and nonresidents.
Any resident who does not pay the city for refuse service and
whose residence is situated beyond the corporate limits of the city
may use the city’s citizens’ collection station upon payment
of the appropriate fee.
(d)
Use by business, firm or corporation.
No business, firm
or corporation shall make use of the citizens’ collection station.
(e)
Use by owners of rental property.
Resident and nonresident
taxpaying owners of rental property within the corporate city limits
shall be allowed one free use of the citizens’ collection station
per calendar month. Authorization must be secured at city hall prior
to making use of the one free or additional paid uses of the citizens’
collection station.
(f)
Tree limbs.
There will be no charge for tree limbs deposited
at the citizens’ collection station when properly placed as
directed by the attendant on duty. This no-charge policy applies to
both residents and nonresidents alike who pay the city for refuse
services. There will be a fee charged for any person, firm or corporation
that clears, removes, cuts or trims trees or shrubs for profit.
(g)
(i)
Waiver of fee.
In emergency situations such as floods
or high winds, including tornadoes, the mayor, city manager, EOC director
for the city, or their designee is hereby authorized to waive fees
for cleanup of debris caused by said emergency. The waiving of said
fees shall be subject to oversight and review by the city council
at the first regular or called meeting of the city council following
such emergency.
(j)
Unlawful acts.
Illegal dumping, dumping of household
trash and/or failure to follow the directions of the attendant on
duty may subject the actor to prosecution under the Texas Health and
Safety Code, chapters 341, 365, et al.
(Ordinance 556 adopted 6/20/17)
[1]
Editor’s note–This division derives from Ordinance
313, which was omitted in the 1995 recodification. Ordinance 313 was
reenacted by Ordinance 406 adopted December 18, 2001.
The cuttings or trimmings from trees, shrubs or lawns and
similar materials.
The bureau of solid waste management in the department of
state health services.
A facility established for the convenience and exclusive
use of residents (not commercial or industrial users or collection
vehicles). The facility may consist of one or more storage containers,
bins or trailers.
The act of removing solid waste (or materials which have
been separated for the purpose of recycling) for transport elsewhere.
Any person who accepts directly from two or more households
any unmanifested waste materials that have been separated from other
household waste and offered to the collector because the generator
either knows or considers the materials to be hazardous household
waste.
Waste which typically results from construction or demolition
projects and includes all materials which are directly or indirectly
the byproducts of construction work or which result from demolition
of buildings and other structures, including but not limited to paper,
cartons, gypsum board, wood, excelsior, rubber and plastics.
The combustion of solid waste within the confines of a “burn
barrel” or “burn pit.”
Same as person.
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.
The discharge, deposit, injection, dumping, spilling, leaking
or placing any solid waste or hazardous waste (whether containerized
or uncontainerized) into or on any land or water so that such solid
waste or hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharge into any waters,
including groundwaters.
Rainfall, snow, sleet, hail or other natural precipitation.
Environmental Protection Agency.
Any material which, in representatively sampled and placed
in static or dynamic contact with deionized water at ambient temperature
for seven days, will not leach any quantity of any constituent of
the material into the water in excess of U.S. Public Health Service
or U.S. Environmental Protection limits for drinking water as published
in the Federal Register.
Any new proposed method of managing municipal solid waste,
including resource and energy recovery projects, which appears to
have sufficient merit to warrant departmental approval.
Solid waste resulting from or incidental to municipal, community,
commercial, institutional and recreational activities including garbage,
rubbish, ashes, street cleanings, all other waste other than industrial
solid waste or as defined in accordance with V.T.C.A., Health and
Safety Code, chapter 361, in conjunction with the Resource Conservation
and Recovery Act (also known as Public Law 94-580) passed by the 94th
Congress on 21 October 1976.
Any solid waste identified or listed as hazardous waste by
the Administrator of the United States Environmental Protection Agency
(EPA) pursuant to the federal Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 691
et seq., as amended.
Single and multiple residences, hotels and motels, bunkhouses,
ranger stations, crew quarters, campgrounds, picnic grounds and day-use
recreational areas.
Hazardous waste determined to be of industrial origin.
Solid waste resulting from or incidental to any process of
industry, manufacturing, mining or agricultural operations.
Class I industrial solid waste or class I waste.
Any industrial solid waste designated as class I by the executive
director of the state commission on environmental quality as any industrial
solid waste or mixture of industrial solid waste which because of
its concentration or physical or chemical characteristics is toxic,
corrosive, flammable, a strong sensitizer or irritant, a generator
of sudden pressure by decomposition, heat, or other means and may
pose a substantial present or potential danger to human health or
the environment when improperly processed, stored, transported, or
otherwise managed, including hazardous industrial waste.
Class II industrial solid waste.
Any individual solid waste or combination of industrial solid
waste which cannot be described as class I or class III.
Class III industrial solid waste.
Inert and essentially insoluble industrial solid waste, including
materials such as rock, brick, glass, dirt and certain plastics and
rubber, etc., that are not readily decomposable.
A naturally occurring nonputrescible material which is essentially
insoluble such as soil, dirt, clay, sand, gravel and rock.
Waste containing pathogens or biologically active material
which because of its type, concentration, and quantity is capable
transmitting disease to persons exposed to waste.
Liquid that has passed through or emerged from solid waste
and contains soluble, suspended or miscible materials removed from
such waste.
A uniform hazardous waste manifest.
Those nonputrescible, essentially insoluble materials fabricated
by man which are not included under the definition of rubbish.
Any municipal solid waste or mixture of municipal solid waste
which has been identified or listed as hazardous waste by the Administrator,
U.S. Environmental Protection Agency.
A solid waste resulting from or incidental to municipal,
community, commercial, institutional and recreational activities including
garbage, rubbish, ashes, street cleanings and all other waste other
than industrial solid waste.
The combustion of solid waste without control of combustion
air to maintain adequate temperature for efficient combustion; without
containment of the combustion reaction in and of the combustion reaction
in an enclosed device to provide sufficient residence time and mixing
for complete combustion; and without control of the emission of the
combustion products.
Individual, corporation, organization, government or governmental
subdivision or agency, business trust, partnership, association or
any other legal entity.
A tract of land with the buildings thereon, or a building
or part of a building with its grounds or other appurtenances.
The entire width between property lines of any road, street,
way, thoroughfare, bridge, public beach, or park in the city, not
privately owned or controlled, if any part of the road, street, way,
thoroughfare, bridge, public beach, or park is opened to the public
for vehicular traffic, is used as a public recreational area, or is
under the city’s jurisdiction through its police power. (V.T.C.A.,
Health and Safety Code, section 365.011.)
Organic waste, such as garbage, waste treatment plant sludge,
and grease trap waste, that is capable of being decomposed by microorganisms
with sufficient rapidity as to cause odors or gases or is capable
of providing food for or attracting birds, animals and disease vectors.
The waste which requires specific licensing under chapter
72, Acts of the 57th Legislature, Regular Session, 1961, as amended
(V.T.C.A., Health and Safety Code, chapter 401), and the rules adopted
by the state commission on environmental quality under the law.
Resource Conservation and Recovery Act (RCRA), 42 U.S.C.
691 et seq., as amended
The same as rubbish
The recovery of material from solid waste.
Nonputrescible solid waste (excluding ashes), consisting
of both combustible and noncombustible waste materials; combustible
rubbish includes paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, and similar materials; noncombustible
rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture
and like materials which will not burn at ordinary incinerator temperatures
(1600 degrees Fahrenheit to 1800 degrees Fahrenheit).
The removal of waste materials for utilization, recycling,
or for sale.
The unauthorized removal of materials at any point in the
solid waste management system.
Any tire that can no longer be used for its original intended
purpose.
Any solid, semisolid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply
treatment plant, or an air pollution control facility or any other
waste having similar characteristics and effect, exclusive of the
treated effluent from a wastewater treatment plant.
Any special waste generated by a generator at a quantity
of less than 100 kg per month.
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility, and
other discarded material, including solid, liquid, semisolid, or contained
gaseous material resulting from industrial, municipal, commercial,
mining and agricultural operations, and from community and institutional
activities but 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 pursuant to chapter 26, Water
Code;
Soil, dirt, rock, sand, and other natural or manmade inert solid
waste 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 which result from activities associated with
the exploration, development, or production of oil or gas and are
subject to by the railroad commission of the state.
Any solid waste or combination of solid wastes which because
of quantity, concentration, physical or chemical characteristics or
biological properties requires special handling and disposal to protect
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 include, but are not limited to:
Hazardous waste from small-quantity generators (as per section
325.298 of the department of state health services Solid Waste Act)
that may be exempt from full controls under sections 325.271 thru
325.350 of the department of state health services Solid Waste Act;
Class I industrial nonhazardous waste not routinely collected
with municipal solid waste;
Infectious and pathological wastes from health care facilities,
veterinary hospitals, or laboratories;
Municipal wastewater treatment plant sludges to include other
types of domestic sewage treatment sludges that have not been treated
by one of the processes prescribed in federal regulations under 40
CFR part 257, appendix II;
Septic tank pumpings;
Grease and grit trap wastes;
Wastes from commercial or industrial wastewater treatment plants
(except domestic sewage); air pollution control facilities; and tanks,
drums, or containers used for shipping or storing any material that
has been listed as hazardous constituent in 40 CFR part 261, appendix
VII, 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 drink products, other than those
of normal household waste;
Pesticide (insecticide, herbicide, fungicide, or rodenticide)
containers; and
Discarded materials containing asbestos.
A person who collects and transports municipal waste. Transporter
does not include a man or woman transporting his or her household
waste.
The same as rubbish.
To rinse a container three (3) times using a volume of solvent
to 10% of the volume of the container or liner for each rinse.
Any tire that has been mounted upon a wheel and utilized
for any period of time, or any tire that cannot be legally described
as new.
An agent, such as an insect, snake, rodent or animal capable
of mechanically or biologically transferring a pathogen from one organism
to another.
(Ordinance 313, sec. 9-1, adopted 6/4/91; Ordinance 493, sec. 1, adopted 5/20/08)
The city shall provide a designated size container for each
resident based on the established policy of four households per dumpster
when logistically possible. All commercial businesses, schools, churches,
and lodges shall be provided containers based on the volume of solid
waste for disposal. All containers within the corporate limits of
the city shall be located in alleyways when possible. If an alleyway
is not available, the resident or business receiving the services
provided shall provide an off-street location for the container which
will be accessible for the sanitation vehicle without obstructions.
(Ordinance 313, sec. 9-2, adopted 6/4/91)
(a)
The city will accept within its solid waste management system all
material that is classified as “municipal solid waste.”
Material classified as the following shall not be collected by the
city’s containerized solid waste management system:
(b)
Material classified as construction or demolition waste shall only
be accepted at the citizens’ collection station. If construction
or demolition waste is deposited in a standard residential container,
the material shall be removed prior to any further action by the city.
(Ordinance 313, sec. 9-3, adopted 6/4/91)
(a)
It shall be unlawful for any person, except the employees of the
city, to transport solid waste on the public highways or alleys of
the city without an effective permit with the city.
(b)
If permitted, the hauler shall insure the following:
(1)
The means of conveyance shall be adequately [covered] so that the
material being transported shall be contained in accordance with all
department of state health services regulations.
(2)
Each vehicle shall be regularly cleaned and comply with all department
of state health services regulations.
(3)
The construction of each vehicle shall comply with acceptable standards
as set by the department of state health services.
(Ordinance 313, sec. 9-4, adopted 6/4/91)
(a)
There shall be a fee for the issuance of a permit for the hauling
of solid waste on a commercial basis. The five hundred dollar ($500.00)
fee shall be remitted to the city prior to any commercial operation
within the corporate limits of the city.
(b)
Permits shall expire on the 30th day of September of each year with
adjustments based on 1/12 of the cost of such permit when purchased
during the fiscal year.
(Ordinance 313, sec. 9-5, adopted 6/4/91)
Open or controlled burning of any brush, rubbish, or solid waste
inside the city limits is hereby prohibited. Open or controlled burning
by the city is authorized by exception when properly permitted by
TCEQ is permitted within the city limits.
(Ordinance 493, sec. 2, adopted 5/20/08)
The classification of dead animals is a special waste and therefore
prohibited from being placed in any container with the city solid
waste management system.
(Ordinance 313, sec. 9-7, adopted 6/4/91)
The collection and disposal of solid waste shall be made on
a schedule per policy of the city council.
(Ordinance 313, sec. 9-8, adopted 6/4/91)
The collection and disposal of solid waste shall be made on
a schedule per policy of the city council.
(Ordinance 313, sec. 9-9, adopted 6/4/91)
The city, at its option, shall be empowered to levy additional
charges based on the frequency of request for additional dumps on
specific containers. It is a policy of the city that the additional
dumps of the container system will be used as a courtesy for the citizens
of the city with continuous use of this option to be billed as determined
by the staff of the city.
(Ordinance 313, sec. 9-10, adopted 6/4/91)
(a)
A monthly statement for charges of the solid waste management system
which includes amounts due for the quantity of water supplied the
customer and the service charges for sewer services shall be sent
to the customer whose name appears on city records as being the contracting
agent with the city for water service to the premises where such refuse
is removed. If the complete charge for solid waste collection, water
consumed and sewer service is not paid within ten (10) [days] from
the mailing date thereof, the city shall have the option to discontinue
all such services without further notice to the customer liable for
the funding of such services or to the occupants of the premises receiving
the services.
(b)
In the event that water is not supplied [to] the premises upon which
the services herein [described are] provided, then the bill shall
be sent to the owner or occupant of the premises where such solid
waste is removed.
(c)
There shall be charged, assessed and collected through the water
billing from each customer receiving the services provided from the
city municipal solid waste management system a monthly service charge
for service rendered. The charge for services shall be as follows:
(Ordinance 313, sec. 9-11, adopted 6/4/91)
All solid waste that is mixed with water or other liquid shall
be drained to be free of leache prior to putting the solid into any
container or receptacle. All other approved animal matter that is
subject to decomposition shall be wrapped in paper or other biodegradable
material prior to being deposited in a container of the solid waste
management system.
(Ordinance 313, sec. 9-12, adopted 6/4/91)
Each person using the solid waste management system shall insure
that the lids of the container being used shall be closed after the
depositing of solid waste.
(Ordinance 313, sec. 9-13, adopted 6/4/91)
All salvaging or scavenging within the city solid waste management
system is hereby prohibited.
(Ordinance 313, sec. 9-14, adopted 6/4/91)
Each residential customer of the city solid waste management
system is hereby designated as a small-quantity generator of hazardous
waste until that customer exceeds the designated point of 100 kg per
month of household hazardous waste. If the small-quantity generator
[exceeds the] limits, the customer shall become liable for appropriate
action (in accordance with the Texas Sanitation and Health Protection
Law, V.T.C.A., Health and Safety Code, chapter 361; Resource Conservation
and Recovery Act (RCRA), 42 U.S.C. 691 et seq.; state commission on
environmental quality Hazardous Waste Act and all other appropriate
regulations) for the effective disposal of the hazardous solid waste
and prohibited from utilization of the city solid waste management
system.
(Ordinance 313, sec. 9-15, adopted 6/4/91)
The discarding or disposal of all classifications of solid waste
on any premises or any public highway by any person is hereby prohibited.
(Ordinance 313, sec. 9-16, adopted 6/4/91)
All experimental solid wastes projects within the corporate
limits are hereby prohibited without written authorization of the
city, the department of state health services and the Environmental
Protection Agency.
(Ordinance 313, sec. 9-17, adopted 6/4/91)
All solid waste disposal sites [within the] corporate limits
and the extraterritorial jurisdiction of the city are hereby prohibited
without written authorization of the city, the department of state
health services and the Environmental Protection Agency.
(Ordinance 313, sec. 9-18, adopted 6/4/91)
All appropriate regulations of the Texas Sanitation and Health
Protection Law, V.T.C.A., Health and Safety Code, chapter 361; Resource
Conservation and Recovery Act (RCRA), 42 U.S.C. 691 et seq.; and the
state commission on environmental quality Hazardous Waste Act are
hereby embraced and made a part of this division.
(Ordinance 313, sec. 9-19, adopted 6/4/91)
It shall be unlawful to move, relocate, or otherwise prohibit
access to a trash container or stop, stand, or park a vehicle or trailer
on public or private property in a manner and in a location that prevents
access to a trash container by a trash collection truck which is attempting
to empty the trash container. For the purposes of this section, it
shall be presumed that the owner of record of any violating vehicle
is the person who parked the vehicle or trailer in the offending location,
and in absence of evidence identifying another person in control of
such vehicle, the complaint alleging a violation of this section shall
be filed against the owner of record.
(Ordinance 572 adopted 7/17/18)
If a container is located on private property, any damage caused
by the container pickup equipment to the surfaces of the private property
adjacent to the container will not be the responsibility of the sanitation
department.
(Ordinance 313, sec. 9-21, adopted 6/4/91)
(a)
For residential collection, the director shall determine the required
number and location of containers in the residential areas.
(b)
For commercial collection, the director, through consultation with
the owner or occupant of a business or commercial establishment, shall
determine the number and size required, location and pickup frequency
of containers.
(Ordinance 313, sec. 9-22, adopted 6/4/91)
Any person engaged in the business of cutting or trimming trees
or shrubs shall be responsible for the disposal of trees, tree and
shrub cuttings and trimmings at the expense of such person. It shall
be unlawful for such person to deposit trees, tree or shrub cuttings
or trimmings at any location of the city solid waste management system
other than the citizens’ collection station.
(Ordinance 313, sec. 9-23, adopted 6/4/91)
All trash and other material inside a sanitation container or
city disposal site is the property of the city. No person is allowed
to separate, collect, carry off or dispose of garbage or trash except
under the authority and direction of the director of public works.
(Ordinance 313, sec. 9-24, adopted 6/4/91)
