Wherever used herein, the hereinafter-listed terms shall have the following meanings:
Acceptable waste.Any and all waste that is solid waste, including brush, garbage, refuse, yard waste and trash, as solid waste is defined under the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder and that is acceptable for disposal in a landfill.
Backdoor service.Noncurbside service available to any residential customer over the age of sixty-five (65) years old, or a disabled/handicapped resident as certified by a physician and at the discretion of the city.
Brush.Plants or grass clippings, leaves or tree trimmings. Brush waste must be enclosed in garbage containers, with a maximum weight of fifty (50) pounds. Tree trimmings must be bundled in lengths less than four (4) feet and less than fifty (50) pounds in weight.
Bulky waste.Stoves, refrigerators, water tanks, washing machines, dryers, furniture, appliances and other waste materials with weights or volumes greater than those allowed for containers, but specifically excluding:
(1) Loose construction debris, dead animal's hazardous waste, medical waste or stable matter;
(2) Any refrigerators, freezers, air conditioners or other appliances that do not contain written or visual evidence that the chlorofluorocarbon's (CFC's), have been removed therefrom by a certified, authorized and licensed technician; and
(3) Any other objects or items that contractor is precluded by federal, state or local law or regulation from collecting or disposing in a municipal sanitary landfill.
bundle or boxed bundle.Tree, shrub and brush trimmings, or newspapers and magazines securely tied together forming an easily handled package not exceeding four (4) feet in length or fifty (50) pounds in weight.
Commercial and industrial units.Contractor shall provide for the collection of commercial and industrial solid waste and/or recyclables to commercial establishments and industrial units according to individual written agreements. Collection service shall be at least once per week to maintain the premises free of accumulation of waste. If collection is from a commercial container, that container should be located on a concrete pad to accommodate collection equipment. The city shall be the sole determinant of acceptable dumpster pads, locations, and screening, excluding roll-offs. Apartment service shall be considered commercial as it relates to this agreement.
Commercial container.Metal containers supplied by contractor affording capacity to service a commercial unit so as to prevent spillage, unsightly and unsanitary conditions.
Contractor.Allied Waste Services of Fort Worth, L.L.C. dba Republic Services.
Curbside.That portion of right-of-way adjacent to paved or traveled city roadways.
Debris.Waste building materials resulting from construction, remodeling, repair or demolition operations, including without limitation, dirt, concrete, rocks, bricks, lumber, shingles, plaster, sand, gravel and other waste building materials.
Disposal site.A depository, including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing/separation centers licensed, permitted or approved to receive for processing or final disposal of solid waste by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals.
Franchise fee.Fee paid by contractor to the city for the sole and exclusive franchise, license, and privilege within the corporate limits of the city to engage in the business of collecting and disposing of acceptable waste.
Garbage containers.Portable cans or similar containers constructed of galvanized iron, tin or other substantial material, or plastic bags or cardboard boxes, designed to store refuse or rubbish with sufficient wall strength to maintain physical integrity when lifted by the top. The maximum capacity of a garbage container shall not exceed thirty-five (35) gallons and the total weight of a garbage container and its contents shall not exceed fifty (50) pounds.
Garbage.Any and all dead animals of less than ten (10) pounds 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 tin 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 bulky waste, dead animals, hazardous waste, rubbish or stable matter.
Hazardous waste.All fecal material, oil, sludge and any radioactive, pathological, toxic, acidic or volatile materials, or any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State of Texas to be "hazardous," "toxic" or a "contaminant" or "pollutant," as such terms are defined by or pursuant to federal or state law or regulation. Refer to solid wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. section
1002, et seq., or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C.A. section
2601 et seq., regulations promulgated thereunder.
Loose brush.Tree and shrub trimmings, which are not placed in disposable containers or reusable containers "nor" are they tied and bundled so as to constitute bundle or boxed bundle.
Medical wastes.All medical waste, infectious waste, special waste from health-care facilities and other similar wastes as same may be defined by federal or state law or regulation.
Monthly contractual rate.The per customer monthly amount contractor will be paid by the city for the collection and disposal of acceptable waste.
Noncompactable waste.Includes, but is not limited to, brick, concrete, dirt, composition shingles, ceramic tile and related items that cannot be crushed under the weight of compaction equipment.
Premises.All public and private establishments, including individual residences, all multifamily dwellings, residential care facilities, hospitals, schools, businesses, other buildings, and all vacant lots.
Producer.An occupant of a residential or commercial unit who generates refuse or rubbish.
Refuse.Every accumulation of waste (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, decomposable animal waste of vegetable matter which is likely to attract flies or rodents; and all waste material generated at a residential, commercial, industrial or institutional location, or construction site which must be disposed of to prevent the attraction of flies, rodents, scavengers, unnecessary odor or to prohibit unsightly accumulation of refuse or fire hazards. Refuse shall not include any waste materials included in the definition of hazardous waste or medical waste.
Residential repair debris.Small amounts of containerized or tied and bundled waste building materials including privacy fencing (provided such fencing materials do not exceed 4 ft. x 6 ft. in size or are dismantled and tied into bundles not exceeding 50 pounds) generated by a residential property owner or tenant remodeling or repairing a residential unit.
Residential unit.A single-family or duplex dwelling located within the corporate limits of the city. A separate residential unit shall be deemed occupied when either water or domestic electric power services are being supplied thereto. Each single-family dwelling within any condominium building or group shall be counted separately as a residential unit.
Rubbish.All residentially generated waste wood, wood products, grass cuttings, dead plants, weeds, leaves, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, white goods, pulp and other products such as are used for packaging or wrapping, crockery, glass, ashes, cinders, floor sweepings, mineral or metallic substances and any and all other waste materials not included in the definition of brush, bulky waste, bundle or boxed bundle, debris, residential repair debris, refuse, medical waste or hazardous waste.
Solid waste.All nonhazardous (as defined by Comprehensive Environmental Response, Compensation, and Liability Act (CERCA) and other applicable laws) and nonspecial solid waste material including unwanted or discarded waste material in a solid or semi-solid waste, including but not limited to, garbage, ashes, refuse, rubbish, yard waste (including brush, tree trimmings, Christmas Trees), discarded appliances, home furniture and furnishings, provided that such material must be of the type and consistency to be lawfully accepted at the landfill under the applicable federal, state and local laws, regulations and permits governing each.
Trees.Trees and tree trimmings larger than may be accommodated under the definition "bulky waste" above may be picked up as a special haul.
(Ordinance 2172 adopted 11/14/2017; Ordinance 2326 adopted 12/13/2022)