(A)
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 from the city. A permit shall be issued for transportation of liquid waste and the DCO shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number shall be issued for each vehicle operated. Excluded from this requirement are vehicles which traverse through the city solely for the purpose of transporting liquid waste through the city and where no liquid waste is received, unloaded, stored, parked within the city are; and, vehicles owned or operated by the city or vehicles operated for the city with the permission of the DCO.
(B)
A person who desires to obtain a permit must make application by legibly completing a form provided by the DCO.
(C)
A person who desires to obtain a permit must submit to the DCO at the time of application a photocopy of the manager's driver's license. The DCO shall be notified of manager employment changes during the permit period and shall be provided a copy of the new manager's driver's license.
(D)
The DCO shall not issue a permit unless the applicant submits for inspection by the DCO the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the DCO to be constructed, equipped and maintained in accordance with the provisions of this chapter.
(E)
A permit is not transferable.
(F)
Each applicant must specify the disposal site to be used for the authorized disposal of liquid waste. The DCO shall be immediately notified of additional disposal sites used during the permit period.
(G)
A permit issued by the city excludes the hauling of incompatible waste, hazardous waste material and prohibits the commingling of hazardous and nonhazardous waste.
(H)
Transporters of hazardous waste in or through the city must have the applicable Texas Environmental Quality Commission and U.S. Environmental Protection Agency (EPA) registration numbers and use the appropriate EPA/TCEQ uniform hazardous waste manifest system. In order to determine compliance with this requirement the DCO may review and copy records, inspect facilities and vehicles, and sample or require sampling of the material being transported.
(I)
Waste materials to be recycled for other commercial uses, such as, but not limited to waste motor oil and waste cooking oil, are not required to be manifested or permitted under this chapter, but shall be stored, collected and transported in and through the city in conditions that are sanitary, free from odors and which will not adversely affect the environment.
(J)
Prior to the issuance of a permit, the applicant must provide to the DCO, evidence of a policy of general and automobile liability insurance and thereafter keep the same in full force and effect with an insurance company authorized to do business in the state. The policy shall insure the public against any loss or damage that may result to any person or property from the operation of a defective vehicle or negligence of the owner, or any person in control of the transporter vehicle. The policy shall provide a minimum amount of coverage as to each and every transporter vehicle to be not less than $1,000,000.00 for bodily injury or death of any one person, for bodily injury or death in any one accident, for the damage to, or destruction of, property in any one accident. Coverage is to include the pollution liability endorsement with limits not less than $1,000,000.00. Such coverage shall be endorsed to cover the upset, overturn, and remediation of the load in transport. The policy shall be of the occurrence type and name the city as an additional insured. No deductible shall apply to the city. The certificate of insurance required by this subsection shall contain a provision requiring that the DCO be provided with 30 days advance notice, in writing, of cancellation or material change in the policy. In the event of cancellation or material change in the transporter's policy, the permit shall be suspended until such time as the transporter can again secure appropriate coverage.
(Ordinance 3243, adopted 8/5/2008)