The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Asbestos waste.
Any waste product containing either friable or nonfriable asbestos.
Friable asbestos-containing material means any material containing more than 1.0% asbestos that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.
Nonfriable asbestos-containing material means any material containing more than 1.0% asbestos that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Brush.
Shrub limbs, tree limbs, untreated lumber, and tree waste.
Bulky waste.
The following residential-type items: furniture, treated wood, construction materials generated by a service unit (and not by a commercial service provider) as a result of a residential project, mattresses and box springs, carpet, swing sets, plastic swimming pools, small and large toys, bicycles, fish aquariums, toilets, residential appliances and other similar items, white goods (CFC-free); provided such items do not contain hazardous waste or any waste which is not acceptable at the designated landfill.
Carry-out service.
Service provided to residential customers in which city employee brings the curbside cart to the curb for collection and then returns the cart for an additional fee.
Cart.
A wheeled container provided by the city for solid waste or recyclable materials.
City.
The City of Wichita Falls.
City disposal facility.
A facility designated by the city for the temporary storage or permanent disposal of solid waste, including the city landfill or transfer station.
Collection.
The act of removing solid waste for transport for disposal and/or recycling.
Commercial.
Pertaining to or engaging in commerce and may include industrial or institutional uses or pertaining to or engaging in commerce and may include stores, offices, restaurants, warehouses, institutions, apartment complexes, and other nonmanufacturing activities.
Compactor.
A container that compresses municipal solid waste or recyclables.
Compost.
The stabilized product of the decomposition process that is used or sold for use as a soil amendment, artificial topsoil, growing medium amendment, or other similar uses.
Construction and demolition waste.
Waste generated from construction, renovation, repair, and/or demolition of houses, building structures, fences, swimming pools, driveways/sidewalks, roads, bridges, piers, dams, or other structures, including, but not limited to, paper, cartons, gypsum board, wood, excelsior, rubber, and plastics.
Construction site.
A site where a building permit has been issued for the active construction of a residential, commercial, or industrial structure or use.
Container.
A wheeled or nonwheeled receptacle with a capacity of up to 50 cubic yards typically provided to commercial and residential customers.
Curbside.
The point at the edge of the street in front of the residence or business. Curbside shall always be located on the street named as the legal physical address unless authorized differently by the director.
Customer.
Excluding usage in article V, a residential, commercial, industrial, or institutional entity purchasing a municipal solid waste service from the city.
Director.
The director of public works or the director's authorized designee(s).
Disposal facility.
Shall collectively mean the city landfill and/or the city transfer station.
DSHS.
Department of State Health Services (Texas).
Franchise holder.
Individuals or businesses that are primarily in the business of collecting, transporting, and disposing of construction and demolition waste, compactor, bulky waste, recyclable material, and special wastes that have obtained a valid franchise permit from the city, including individuals or businesses that demolish and dispose of structures not owned by the franchise holder.
Garbage.
Putrescible animal and vegetable waste materials and/or residue from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products.
Gross vehicle weight (GVW).
The total weight of a vehicle or vehicle and trailer combination, including its maximum allowable load or weighed load.
Hazardous waste.
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 United States Code, §§ 6901 et seq., as amended.
Household waste.
Any solid waste (including garbage, trash, and rubbish) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas); does not include yard waste.
Industrial.
Having to do with any process of industry, manufacturing, mining, or agricultural operation.
Industrial hazardous waste.
Hazardous waste determined to be of industrial origin.
Industrial solid waste.
Any waste resulting from or incidental to any process industry, manufacturing, mining, or agricultural operation, which may include hazardous waste.
Landfill.
The city-owned and operated landfill.
Medical waste.
Waste treated and untreated special waste from healthcare-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 TAC § 1.132 (relating to definitions) from the sources specified in 25 TAC § 1.134 (relating to application), as well as regulated medical waste as defined in 49 Code of Federal Regulations § 173.134(a)(5), except that the term does not include medical waste produced on a farm or ranch as defined in 34 TAC § 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. Healthcare-related facilities do not include:
(1) 
Single or multifamily dwellings; and
(2) 
Hotels, motels, or other establishments that provide lodging and related services for the public.
Municipal solid waste.
Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, and all other solid waste other than industrial solid waste.
Nonprofit organization.
Any entity that has been declared as tax-exempt under rule 26, United States Code Annotated section 501c.
Occupied.
Reasonably ready for immediate move-in or a structure on the property.
Person.
Shall include the owner, partnership, corporation, lessee, occupant, individual/group, or person in control or possession of the property or premises in question.
Primary business.
Offering of a service or the renting of roll-off container, or compactor for a fee and where such offering of a service or renting is not merely incidental. This definition shall apply to demolition businesses.
Putrescible waste.
Organic wastes, such as garbage, wastewater treatment plant sludge, and grease trap waste, that are capable of being decomposed by microorganisms with sufficient rapidity as to cause odors or gases or are capable of providing food for or attracting birds, animals, and disease vectors.
Receptacle.
A solid waste cart, container, roll-off container, or any other container for waste.
Recyclable materials.
Materials that have 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, including metal. 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.
Recyclable materials collection service.
The act of collecting and transporting recyclable materials from residential, commercial, municipal, institutional, recreational, industrial, and other community activities.
Recyclable organic material.
Any waste that is biodegradable and comes from either a plant or an animal. Examples of organic material include yard waste, grass clippings, tree trimmings, food waste, paper goods such as junk mail, cardboard, newspaper, paper plates and cups, chipboard, and magazines.
Recycling.
The process of collecting and turning used products into new products by reprocessing or remanufacturing them.
Recycling program.
The organized collection of recyclable materials for the purpose of resource recovery and recycling in pursuit of the goals of the city.
Recycling site.
A specific geographic site where one or more recycling containers may be placed.
Refuse, rubbish or trash.
Nonputrescible solid waste, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, glass, crockery, tin cans, aluminum, or similar materials collected from any premises within the city limits.
Residential.
Pertaining to properties zoned for use as residential dwellings including, but not limited to, the following: Single-family dwellings, duplexes, multiplex housing, and apartments where the individual units are each on a separate meter; or, in cases where two or more units are served by one meter, the units are full-time dwellings.
Residential collection services.
Trash, yard waste, recycling, brush, and bulky waste collection services provided to residential property.
Rights-of-way.
Shall include all public streets, highways, alleys, sidewalks, and other areas dedicated for use as such. It includes the entire width between property lines, which has been dedicated for or is used as streets, alleys, and sidewalks, and those areas dedicated for that use but not in actual use as such.
Roll-off container.
A large solid waste container that typically has a rated cubic yard capacity of between 10 and 50 cubic. Such container may be of an open or a closed, i.e., compactor unit, top design. It is also referred to as an open-top container.
Sanitation office.
The city office responsible for collecting and disposing of refuse.
Sanitation superintendent.
The individual in charge of daily operations of the sanitation department.
Scavenging.
The uncontrolled and unauthorized removal of materials at any point in the solid waste management system.
Service unit.
A residential dwelling unit and all occupants that set out their residential solid waste for collection by the city, or a commercial or industrial site that has city commercial waste removal service.
Solid waste.
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:
(1) 
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 Texas Water Code, chapter 26;
(2) 
Soil, dirt, rock, sand, and other natural or manmade 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
(3) 
Waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substances or material regulated by the Railroad Commission of Texas under Natural Resources Code, § 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 United States Code, §§ 6901 et seq.).
Special waste.
Any solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics, or biological properties, require special handling, transportation, and disposal to protect human health or the environment. If improperly handled, transported, stored, processed, and/or disposed of, or otherwise managed, it may pose a present or potential danger to human health or the environment. Special waste, as defined by the TAC, may include but not limited to:
(1) 
Hazardous waste from conditionally exempt small-quantity generators that may be exempt from full controls under chapter 335, subchapter N of this title (relating to household materials that could be classified as hazardous wastes);
(2) 
Class 1 industrial nonhazardous waste;
(3) 
Untreated medical waste;
(4) 
Municipal wastewater treatment plant sludges, other types of domestic sewage treatment plant sludges, and water-supply treatment plant sludges;
(5) 
Septic tank pumpings;
(6) 
Grease and grit trap wastes;
(7) 
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 Code of Federal Regulations (CFR) part 261, appendix VIII but has not been listed as a commercial chemical product in 40 CFR § 261.33(e) or (f);
(8) 
Slaughterhouse wastes;
(9) 
Dead animals;
(10) 
Drugs, contaminated foods, or contaminated beverages, other than those contained in normal household waste;
(11) 
Pesticide (insecticide, herbicide, fungicide, or rodenticide) containers other than household waste;
(12) 
Discarded materials containing asbestos;
(13) 
Incinerator ash;
(14) 
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 § 335.521(a)(1) of this title (relating to appendices);
(15) 
Used oil;
(16) 
Waste from oil, gas, and geothermal activities subject to regulation by the Railroad Commission of Texas when those wastes are to be processed, treated, or disposed of at a solid waste management facility authorized under this chapter;
(17) 
Waste generated outside the boundaries of the state that contains:
a. 
Any industrial waste;
b. 
Any waste associated with oil, gas, and geothermal exploration, production, or development activities; or
c. 
Any item listed as a special waste in this subsection;
(18) 
Lead-acid storage batteries; and
(19) 
Used oil filters from internal combustion engines.
TAC.
Texas Administrative Code.
TCEQ.
Texas Commission on Environmental Quality.
Transfer station.
The city site where refuse is collected and sorted in preparation for processing to the landfill.
Trash.
Garbage or rubbish as such are defined herein.
Type I landfill.
The standard landfill for disposal of municipal solid waste.
Vector.
An agent, such as an insect, snake, rodent, or animal capable of mechanically or biologically transferring a pathogen from one organism to another.
White goods.
Discarded large household appliances such as refrigerators, stoves, washing machines, or dishwashers.
Wichita Falls Organics reuse facility.
The portion of the city landfill permitted and used for composting operations.
Yard waste.
Grass, grass clippings, leaves, bushes, shrubs, clippings from bushes and shrubs, and small branches. This does not include stumps, roots, or shrubs with intact root balls.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
The city shall have the primary responsibility to collect or dispose of all municipal solid waste or haul, transport, or convey said waste within the city.
(b) 
All municipal solid waste shall be delivered and disposed of at the city landfill, except for special waste.
(c) 
In the event of a city-observed holiday, a franchise holder may dispose of waste during said holiday at a location other than the city landfill.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
All residential, commercial, industrial, and institutional locations within the city limits shall have solid waste collection services. Every owner, occupant, or lessee of any residential, office, commercial, or industrial premises shall maintain regular supervision and surveillance over all waste collection carts and containers on the premises.
(b) 
All property owners and/or occupants shall be billed at the rates established by separate ordinance for municipal solid waste collection service as long as such premises are occupied. Homes and units that have not yet received a certificate of occupancy or have never been occupied are exempt from the obligation of this subsection to obtain and pay for city-provided municipal solid waste collection service.
(c) 
Multifamily units on one meter shall be billed at the rates established by separate ordinance for municipal solid waste collection service per unit, occupied or unoccupied. Apartment houses and complexes that receive automated curbside service shall be billed at the rates established by separate ordinance for municipal solid waste collection service per unit, occupied or unoccupied.
(d) 
A mobile/manufactured home park shall be billed based on occupied spaces not having separate city-owned water meters. The mobile/manufactured home park owner shall be required to report the number of occupied spaces to the sanitation superintendent on a quarterly basis. A mobile/manufactured home park may be considered a commercial customer and be served with a minimum three cubic yard up to eight cubic yard container service only at the discretion of the director.
(e) 
RV parks shall be considered commercial customers and be served with a minimum three- to eight-cubic-yard container service only.
(f) 
Commercial and industrial properties that receive container service for the removal of municipal solid waste shall be regulated under the rates established by separate ordinance. The city shall furnish a container to be used in the collection and removal of municipal solid waste.
(Ordinance 42-2024 adopted 8/20/2024)
If any person shall file a sworn affidavit with the director stating that the service location is vacant, such person generates no solid waste, and that collection by the city is unnecessary, the director shall investigate the facts and circumstances of the affidavit. If the statement is found to be true, the director shall have the authority to delete and remove the collection charges. Any decision made by the director may be appealed to the city manager. The city manager's decision shall be final.
(Ordinance 42-2024 adopted 8/20/2024)
Placing recyclable material in an authorized recycling container at a designated recycling location shall be deemed an abandonment of said recycling material, and title to the material shall vest in the city.
(Ordinance 42-2024 adopted 8/20/2024)
It is hereby declared that recyclable material has value.
(Ordinance 42-2024 adopted 8/20/2024)
Any person other than an authorized city employee or law enforcement officer, in the discharge of his official duties, who collects, obtains, possesses, picks up, takes, or otherwise removes any recyclable material from an authorized recycling container or removes an authorized recycling container that has been placed at a designated recycling location or both, commits the offense of "theft" as defined in the Texas Penal Code.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
The city may operate one or more citizen drop-off sites for recyclable materials.
(b) 
Materials brought to a drop-off site shall be placed in the designated receptacle or as directed by a site attendant.
(Ordinance 42-2024 adopted 8/20/2024)
(a) 
Volunteer organizations and neighborhood homeowner's associations may request four clean-up events per year for a specific event or neighborhood in which additional containers will be provided by the city, subject to availability. The event organizer shall request the event 30 days in advance through the sanitation superintendent, provide for a point of contact for before, during, and after the event, and designate a site not within city right-of-way to place requested containers.
(b) 
During a cleanup event, no additional charges will be levied for picking up properly bundled or bagged trash, municipal solid waste, or rubbish placed in approved containers provided by the city for the event. It shall be unlawful for the event volunteers to load or allow to be loaded anything that will extend above the height or beyond the side of the provided container or hauling equipment.
(c) 
Event volunteers will be allowed to dump at the city transfer station and landfill during the day of the event at no charge. All waste hauled to the transfer station and landfill must be hauled and secured in accordance with city ordinances.
(Ordinance 42-2024 adopted 8/20/2024)
Trash, yard waste, brush, recyclables, or bulky waste placed in violation of this chapter is hereby declared a public nuisance and may be abated, and a lien placed on the property.
(Ordinance 42-2024 adopted 8/20/2024)