The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved
means accepted as satisfactory under the terms of this article and given formal and official sanction by the approving authority.
Approving authority
means the city consumer health inspector or any other official designated by the city manager.
Director
means the city consumer health inspector of the department of neighborhood services of the city.
Disposal
means the discharge, deposit, injection, dumping, spilling, leaking or placing of solid or semi-solid grease trap waste, grit trap waste, and/or septage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
Disposal site
means a permitted site or part of a site at which grease trap waste, grit trap waste, or septage is processed, treated and/or intentionally placed into or on any land at which said waste will remain after closure.
Disposer
means a person who receives, stores, retains, processes, or disposes of liquid waste.
Generator
means a person who causes, creates, generates, or otherwise produces liquid waste.
Grease trap
means a watertight receptacle designed and constructed to intercept and prevent the passage of greasy, fatty liquid, semi-liquid and/or solid wastes generated from commercial operations into the sanitary sewer system to which the receptacle is directly or indirectly connected.
Grease trap waste
means greasy, fatty liquid, semi-liquid, and/or solid wastes removed from commercial operations by a grease trap.
Grit trap
means a watertight receptacle designed and constructed to intercept and prevent the passage of petroleum-based oil, grease waste and solids into the sanitary sewer to which the receptacle is directly or indirectly connected.
Grit trap waste
means petroleum-based oil, grease wastes and solids from commercial automotive or heavy machinery repair and/or washing facilities.
Hazardous waste
means any liquid, semi-liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics may:
(1) 
Have any of the following characteristics: Toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness.
(2) 
Pose a substantial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the administrator, U.S. Environmental Protection Agency (EPA) pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 and as may be amended in the future.
Liquid waste
means water-borne solids, liquids, and gaseous substances derived from a grease trap, grit trap, chemical/portable toilet and/or septic tank and described as a grease trap waste, grit trap waste or septage.
Manager
means the person conducting, supervising, managing or representing the activities of a generator, transporter or disposer.
Manifest system
means a system consisting of a four-part trip ticket used to document the generation, transportation and disposal of liquid waste.
Owner
means the person who owns a facility or part of a facility.
Permit
means the formal written document issued to a person by the approving authority authorizing collection of grease trap waste, grit trap waste and septage.
Permittee
means a person granted a permit under this article.
Person
means an individual, corporation (including a government corporation), organization, government, governmental subdivision or agency, federal agency, state, political subdivision of a state, interstate agency or body, business or business trust, partnership, association, firm, company, joint stock company, commission, or any other legal entity.
POTW
means publicly owned treatment works.
Sanitary sewer
means a sewer which carries sewage and to which storm, surface, and ground waters are not normally admitted.
Septage
means wastes removed from a portable toilet, chemical toilet or septic tank.
Shall.
The word "shall" wherever used in this article will be interpreted in its mandatory sense; "may" is permissive.
Special wastes
means solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, require special handling and disposal to protect the human health or the environment.
Spill
means the accidental or intentional loss or unauthorized discharge of grease trap waste, grit trap waste, and septage.
Tank
means a device designed to contain an accumulation of grease trap waste, grit trap waste and septage which is constructed primarily of nonearthen materials (e.g., concrete, steel, plastic) to provide structural support for the containment.
TDH
means the Texas Department of Health.
Toxic waste
means any liquid, semi-liquid, or solid waste material which has the ability to chemically produce injury once it reaches a susceptible site in or on the body.
Transporter
means a person who operates a vehicle for the purpose of transporting liquid waste.
Trip ticket
means the shipping document originated and signed by the transporter which contains the information required by the approving authority.
TWC
means the Texas Water Commission.
Vehicle
means a mobile device in which or by which liquid waste may be transported upon a public street or highway.
(Code 1975, § 23-81)
(a) 
Required; issuance.
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. A permit shall be issued for transportation of liquid waste and the approving authority shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number is issued for each vehicle operated.
(b) 
Application.
A person who desires to obtain a permit must make application on a form provided by the approving authority.
(c) 
Copy of manager's driver's license required.
A person who desires to obtain a permit must submit to the approving authority at the time of application a photocopy of the manager's driver's license. The approving authority shall be notified of manager employment changes during the permit period and shall be provided a copy of the manager's driver's license.
(d) 
Vehicle inspection.
The approving authority shall not issue a permit unless the applicant submits for inspection by the approving authority the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the approving authority to be constructed and equipped in accordance with the provisions of this article.
(e) 
Permit nontransferable.
A permit is not transferable.
(f) 
Hazardous materials excluded from permit.
A permit by the city excludes the hauling of materials that are hazardous in nature.
(g) 
Transportation of hazardous wastes.
Transporters transporting hazardous wastes must have the applicable state water commission and U.S. Environmental Protection Agency registration number and use the appropriate Environmental Protection Agency manifest systems.
(h) 
Specification of disposal sites.
Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid wastes. The approving authority shall be immediately notified of additional disposal sites used during the permit period.
(Code 1975, § 23-82)
(a) 
Generally.
The approving authority shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee as established in Appendix A for the first vehicle and the fee as established in Appendix A for each additional vehicle operated by the person. Each permit must be renewed annually.
(b) 
When due and payable.
The permit fee shall be due and payable on December 1 of each calendar year.
(c) 
Display of information on vehicle.
The approving authority shall number permits consecutively, and each permit holder shall cause to be displayed on each side of each vehicle in a color contrasting with the background in three-inch letters or larger the business name, TDH registration number and the following:
NRH 000
The first three letters (NRH) shall represent the City of North Richland Hills. The numbers (000) shall be the permit number. The permit holder shall place business name, TDH registration number and the vehicle permit on each vehicle before the vehicle is operated. The permit holder shall keep the permit receipt, or a copy, in the vehicle at all times.
(Code 1975, § 23-83)
(a) 
Maintenance requirements.
A liquid waste transporter shall:
(1) 
Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks;
(2) 
Provide a safety plug or cap for each valve of a tank; and
(3) 
Cause a vehicle exterior to be clean and the vehicle odor-free at the beginning of each work day.
(b) 
Impoundment of vehicle.
The approving authority may cause to be impounded a vehicle which is being operated in violation of this article, and he may authorize the holding of the vehicle until the violation is corrected. The approving authority may also revoke the permit for the improperly operated vehicle. If a vehicle is impounded or if a permit is revoked an appeal may be filed by the transporter pursuant to section 78-333.
(Code 1975, § 23-84)
A liquid waste transporter's vehicle shall be inspected by the approving authority prior to the issuance of a vehicle permit with qualifications as follows:
(1) 
Use of a vehicle with a single tank as an integral portion of vehicle to transport liquid wastes; portable tanks or other containers temporarily installed in vehicles are prohibited;
(2) 
Piping, valves and connectors shall be permanently attached to tank and/or vehicle;
(3) 
Tank to be liquid tight;
(4) 
Tank to be constructed so that every interior and exterior portion can be easily cleaned;
(5) 
Piping, valves, and connections shall be accessible and easy to clean;
(6) 
Inlet or opening of tank to be constructed so that collected waste will not spill during filling, transfer, or during transport;
(7) 
Outlet connections to be constructed so that no liquid waste will leak, run, or spill out from the vehicle;
(8) 
Outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use;
(9) 
Pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning.
(Code 1975, § 23-85)
(a) 
Generally.
Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful gases, fumes, liquids, or other substances. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste.
(b) 
Hazardous wastes.
A transporter with a city liquid waste transporter permit shall not transport materials that are hazardous as defined in section 78-321 in vehicles permitted by the city for transporting liquid waste.
(c) 
Permit requirement.
A transporter holding a city permit must use a disposal site permitted and approved by the city, or the state, or federal government.
(d) 
Manifest system.
A manifest system, consisting of a four-part trip ticket, is used to document the generation, transportation and disposal of all applicable liquid waste generated in the city and shall be used as follows:
(1) 
The trip ticket books are purchased by the transporter from the city, division of environmental services, for a fee as established in Appendix A. The director of finance shall review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce;
(2) 
A transporter will complete one trip ticket for each location serviced, with the exception of chemical/portable toilet companies servicing their own units. Chemical/portable toilet companies servicing their own units shall be exempt from trip ticket requirements but shall be required to submit a monthly total of volumes disposed and location of disposal to the approving authority;
(3) 
"White" copy of trip ticket signed by transporter and generator at time of waste collection and "yellow" copy maintained by generator;
(4) 
"White" copy of trip ticket signed by disposer at time of disposal and "pink" copy maintained by disposer;
(5) 
"Green" copy of trip ticket maintained by transporter;
(6) 
All completed trip ticket books containing the "white copy of the trip ticket will be delivered at least monthly by the transporter to the city division of environmental services;
(7) 
A copy of all trip tickets shall be maintained for a period of two years.
(Code 1975, § 23-86)
A person commits an offense if he allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his control.
(Code 1975, § 23-87)
(a) 
Unlawful disposal generally.
A person commits an offense if he unloads or offers for sale or exchanges liquid waste, except at a place permitted by the city or state, or the federal government.
(b) 
Discharges onto streets or into storm or sanitary sewer.
A person commits an offense if he deposits or discharges liquid waste onto a street or into a storm or sanitary sewer or an area that drains into the storm sewer system.
(Code 1975, § 23-88)
(a) 
Generally.
A generator of liquid waste shall have all liquid waste material picked up from his premises by a liquid waste transporter who holds a valid permit from the city and the liquid waste shall be transported to an approved site for disposal.
(b) 
Hazardous wastes.
A generator of liquid wastes shall not have hazardous wastes or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit.
(c) 
Trip tickets.
A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter and shall keep a copy of all trip tickets for a period of two years. The approving authority may inspect these records during normal business hours.
(d) 
Installation and maintenance requirements.
A generator shall:
(1) 
Install or provide collection device of size and type specified by approving authority;
(2) 
Maintain collection device in continuous, proper operation;
(3) 
Supervise proper cleaning of collection device;
(4) 
Report spills and accidents involving collection device to approving authority within 24 hours; and
(5) 
Clean up all spills and accidents immediately and have material disposed of by permitted transporter by proper means.
(Code 1975, § 23-89)
(a) 
Accumulations, noxious odors and health hazards prohibited.
A liquid waste disposer commits an offense if he allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard.
(b) 
General responsibilities of liquid waste disposer.
A liquid waste disposer shall:
(1) 
Obtain and maintain compliance with all licenses and/or permits required by local, state or federal law;
(2) 
Accept waste only from a permitted transporter;
(3) 
Maintain trip ticket copies for a period of two years;
(4) 
Accept only those classes of wastes authorized by license or permit; and
(5) 
Make available all records required to be kept for inspection by the approving authority during normal business hours.
(Code 1975, § 23-90)
The approving authority may promulgate rules and regulations as may be necessary to carry out the provisions of this article and protect the public from health and safety hazards. The approving authority may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The approving authority may amend any permit issued hereunder to ensure compliance with applicable laws and regulations.
(Code 1975, § 23-91)
(a) 
Generally.
The approving authority may deny a permit if it is determined that an applicant is not qualified under sections 78-324 through 78-330 and may suspend or revoke a permit if it is determined that a permittee:
(1) 
Is not qualified under sections 78-324 through 78-330;
(2) 
Has violated a provision of this article;
(3) 
Has failed to pay a required fee;
(4) 
Has failed to comply with maintenance or inspection requirements; or
(5) 
Has failed to deliver trip tickets to the approving authority.
(b) 
Request for reinstatement of suspended permit.
After suspension under this section, a permittee may file a request for reinstatement of the permit. When the approving authority determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid, he shall reinstate the permit.
(c) 
Revocation of permits.
The approving authority may revoke for a period of one year or less all permits held by a liquid waste transporter if the transporter or an employee of the transporter violates any of the provisions of this article, any rule or regulation promulgated by the approving authority, or applicable provisions of the city Code or state law.
(d) 
Collection, transportation, disposal of waste material without a permit prohibited.
A permittee whose permit is suspended or revoked shall not collect, transport, or dispose of any waste materials within the jurisdiction of the approving authority.
(Code 1975, § 23-92)
(a) 
Notice of actions and hearing.
If the approving authority denies the issuance of a permit, or revokes a permit, he shall send to the applicant, or permit holder, by certified mail, return receipt requested, written notice of his actions and the right to a hearing.
(b) 
Conduct of hearing; notice of decisions.
The hearing provided for in this article shall be conducted by the board of appeals of the city at a time and place designated. Based upon the recorded evidence of such hearing, the board of appeals shall make a final finding and shall sustain, modify or rescind the action of the approving authority. A notice of the hearing decisions shall be furnished to the holder of the permit by the consumer health inspector or as otherwise designated by the city manager.
(Code 1975, § 23-93)
(a) 
Responsibility for prohibited conduct.
In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment.
(b) 
Penalty.
Any person, operator, or owner who shall violate any provision of this article, or who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $1,000.00, and each violation and each day a violation continues shall constitute a separate offense and shall be punished accordingly.
(c) 
Liability for expenses, losses or damages.
Any person found to be guilty of violating provisions of this article shall become liable to the city for any expense, loss, or damage occasioned by the city for reason of appropriate cleanup and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half of assessed cleanup costs shall be levied by the city against the guilty person.
(Code 1975, § 23-94)
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined upon conviction not less than $1.00 nor more than $1,000.00, and each day any violation of non-compliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Vernon's Ann. Civ. St. art. 1175(f)(1)—(8), and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
(Code 1975, § 23-95)