Ord 13-2022 Deleting Chapter 26 and Amending Chapter 90 of the Code of Ordianances 05/03/2022 Ordinance No. 13-2022
Ordinance deleting Chapter 26 Article VII, amending Chapter 90 by
moving Section 90-34 to Chapter 50-110 and deleting and replacing
the remaining sections of Chapter 90 as provided herein, setting an
effective date, and providing codification
WHEREAS, Texas Health and Safety Code 363.003 finds "the improper
management of solid waste creates hazards to the public health, can cause air and water
pollution, creates public nuisances, and causes a blight on the landscape" and "the control
of solid waste collection and disposal should continue to be the responsibility of local
governments and public agencies."; and,
WHEREAS, Texas Health and Safety Code 363.111 allows "a governing body
...[to] adopt rules for regulating solid waste collection, handling, transportation, storage,
processing, and disposal"; and,
WHEREAS, the City of Wichita Falls defines municipal solid waste as including
garbage has a specific definition as "[s]olid waste consisting of putrescible animal and
vegetable waste materials resulting from the handling, preparation, cooking, and
consumption of food, including waste materials from markets, storage facilities, handling,
and sale of produce and other food products", and
WHEREAS, currently the City of Wichita Falls is the only authorized entity to
provide solid waste services within the City of Wichita Falls; and,
WHEREAS, public works infrastructure, facilities, and services are of vital
importance to the health, safety, and wellbeing of the City, regulation of such is one of the
primary duties of the City, and the roads and landfills are part of the infrastructure, facilities
and services; and,
WHEREAS, the usage of the franchisee places continued deterioration of roads
at a higher rate than if said franchisees were not in businesses; and,
WHEREAS, the landfill provides for disposal of solid waste in a sanitary manner
and City shall require franchisees to utilize the City landfill to maintain sanitary
conditions;
WHEREAS, this ordinance is further intended to preserve the health and safety of
the people of the City as well as the appearance of the City and its property values to the
benefit of public welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 26, Article VII - Private Solid Waste Haulers and Chapter 90 is
deleted in its entirety, replaced with the following, and shall, read as follows:
Chapter 90 SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 90-1.- Definitions.
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 shall mean 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 shall mean shrub limbs, tree limbs, untreated lumber, and tree waste.
Bulky waste shall mean 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.
Cart shall mean a wheeled container provided by the City of Wichita Falls for solid
waste or recyclable materials.
Carry-out Service shall mean 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.
City shall mean the City of Wichita Falls.
City disposal facility shall mean a facility designated by the City for the temporary
storage or permanent disposal of solid waste, including the City landfill or transfer station.
Collection shall mean the act of removing solid waste for transport for disposal
and/or recycling.
Commercial shall mean 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 shall mean a container that compresses municipal solid waste or
recyclables.
Compost shall mean 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 shall mean 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 shall mean a site where a building permit has been issued for
the active construction of a residential, commercial, or industrial structure or use.
Container shall mean a wheeled or non-wheeled receptacle with a capacity of up
to 50 cubic yards typically provided to commercial and residential customers.
Curbside shall mean 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 shall mean (excluding usage in article V) a residential, commercial,
industrial, or institutional entity purchasing a municipal solid waste service from the City
of Wichita Falls.
Director shall mean 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 shall mean Department of State Health Services (Texas).
Franchise holder shall mean 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 of Wichita Falls, including individuals or businesses
that demolish and dispose of structures not owned by the Franchise holder.
Garbage shall mean 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 shall mean 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 shall mean 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 shall mean having to do with any process of industry, manufacturing,
mining, or agricultural operation.
Industrial hazardous waste shall mean hazardous waste determined to be of
industrial origin.
Industrial solid waste shall mean any waste resulting from or incidental to any
process industry, manufacturing, mining, or agricultural operation, which may include
hazardous waste.
Landfill shall mean the City of Wichita Falls owned and operated landfill.
Medical waste shall mean 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:
(A) single or multi-family dwellings; and
(B) hotels, motels, or other establishments that provide lodging and related
services for the public.
Municipal solid waste shall mean 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 shall mean any entity which has been declared as tax-
exempt under rule 26, United States Code Annotated section 501c.
Occupied shall mean 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 shall mean 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.
Receptacle shall mean a solid waste cart, container, roll-off container, or any other
container for waste.
Recyclable materials shall mean materials that have been recovered or diverted
from the non-hazardous 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 shall mean the act of collecting and
transporting recyclable materials from residential, commercial, municipal, institutional,
recreational, industrial, and other community activities.
Recyclable organic material shall mean 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 shall mean the process of collecting and turning used products into new
products by reprocessing or remanufacturing them.
Recycling program shall mean the organized collection of recyclable materials
for the purpose of resource recovery and recycling in pursuit of the goals of the City.
Recycling site shall mean a specific geographic site where one or more recycling
containers may be placed.
Residential shall mean 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 shall mean trash, yard waste, recycling, brush,
and bulky waste collection services provided to residential property.
Refuse, Rubbish or Trash shall mean non-putrescible 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.
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 shall mean 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 shall mean the City office responsible for collecting and
disposing of refuse.
Sanitation superintendent shall mean the individual in charge of daily operations
of the sanitation department.
Scavenging shall mean the uncontrolled and unauthorized removal of materials
at any point in the solid waste management system.
Service Unit shall mean 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 shall mean 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:
(A) 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;
(B) soil, dirt, rock, sand, and other natural or man-made 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
(C) waste materials that result from activities associated with the exploration,
development, or production of oil or gas or geothermal resources and other
substance 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 shall mean 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:
(A) 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 Which Could Be Classified as
Hazardous Wastes);
(B) Class 1 industrial non-hazardous waste;
(C) untreated medical waste;
(D) municipal wastewater treatment plant sludges, other types of domestic
sewage treatment plant sludges, and water-supply treatment plant sludges;
(E) septic tank pumpings;
(F) grease and grit trap wastes;
(G) 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);
(H) slaughterhouse wastes;
(I) dead animals;
(J) drugs, contaminated foods, or contaminated beverages, other than those
contained in normal household waste;
(K) pesticide (insecticide, herbicide, fungicide, or rodenticide) containers other
than household waste;
(L) discarded materials containing asbestos;
(M) incinerator ash;
(N) 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);
(0) used oil;
(P) 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;
(Q) waste generated outside the boundaries of Texas that contains:
(i) any industrial waste;
(ii) any waste associated with oil, gas, and geothermal exploration,
production, or development activities; or
(iii) any item listed as a special waste in this paragraph;
(R) lead-acid storage batteries; and
(S) used-oil filters from internal combustion engines.
TAC shall mean Texas Administrative Code.
TCEQ shall mean Texas Commission on Environmental Quality.
Transfer Station shall mean the City of Wichita Falls site where refuse is collected
and sorted in preparation for processing to the landfill.
Trash shall mean garbage or rubbish as such are defined herein.
Type I landfill shall mean the standard landfill for disposal of municipal solid
waste.
Vector shall mean an agent, such as an insect, snake, rodent, or animal capable
of mechanically or biologically transferring a pathogen from one organism to another.
Yard waste shall mean 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.
Wichita Falls Organics reuse facility shall mean the portion of the City landfill
permitted and used for composting operations. Wood
White Goods shall mean discarded large household appliances such as
refrigerators, stoves, washing machines, or dishwashers.
Sec. 90-2. - Solid Waste Responsibility
(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.
Sec. 90-3. - Duty to have solid waste collected.
(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) Multi-family 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 which 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 cubic yard up to eight cubic yard container service only.
(f) Commercial and industrial properties which 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.
Sec. 90-4. - Affidavit of no solid waste.
If any person shall file a sworn affidavit with the Director stating that the service
location is vacant and 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.
Sec. 90-5. - Ownership of recyclable material.
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.
Sec. 90-6. - Value.
It is hereby declared that recyclable material has value.
Sec. 90-7. - Theft of recyclable material prohibited.
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.
Sec. 90-8. - Recycling drop-off center.
(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.
Sec. 90-9.- Volunteer and neighborhood clean-up events.
(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 fora 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.
Sec. 90-10. - Violation.
Except as may be specifically provided in this chapter, a person commits an
offense if he intentionally, knowingly, recklessly, or with criminal negligence violates any
provision of this chapter and be subject to penalty as set out by section 1-14.
Sec. 90-11. - Abatement.
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.
Secs. 90-12-90-20. Reserved.
ARTICLE II. RESIDENTIAL COLLECTION BY CITY
Sec. 90-21. - Collection services.
(a) All residential dwellings shall be required to use City residential collection services
for household waste. Persons occupying such dwellings may remove and transport
their own solid waste or recyclables but shall receive no credit on their accounts
for doing so. Any such disposal shall take place at the City transfer station or City
landfill.
(b) The Director shall have the authority to:
(1) Establish the schedule for collection services; and
(2) Designate the location for collection, with consideration for such factors as:
convenience for the collector; convenience for customers; hazardous
conditions such as cables, utility poles, equipment clearance, animals; and
collection costs.
Sec. 90-22. - Preparation of residential trash for collection.
(a) Except as provided in subsection (b) below, each service unit (including single-
family and duplex residential dwelling units but excluding other multi-family
residential dwelling units) will be provided a cart for the collection of residential
garbage (additional carts may be provided upon request at an additional fee). All
municipal solid waste must be placed completely inside the container and the lid
tightly closed prior to collection. The sanitation superintendent shall determine
those residences that continually exceed the single container volume (96 gallons)
and make arrangements for them to receive a secondary container. Fees and
charges are established by separate ordinance.
(b) Each owner, occupant, tenant, or lessee receiving alley collection refuse service
shall place the household waste refuse within the three cubic yard container
provided by the City. Each user of the system shall bag their trash and garbage to
prevent blowing litter and endeavor to keep the container lid closed. It shall be
unlawful for anyone to use an alley container unless such person is a resident in
that City block backing onto the alley or an agent or employee of a person in the
block. Residents in a City block receiving alley collection service are required to
use the alley collection service.
(c) It shall be unlawful for a person to:
(1) Place trash for collection in violation of this Chapter; or
(2) Allow trash placed on property under his or her control to remain on such
property in violation of this Chapter.
(d) It shall be unlawful for a person to remove or cause the removal of household
waste or garbage placed for collection.
(e) It is an exception to an enforcement action brought for a violation of subsection (f)
above that the person was:
(1) A member of the service unit that placed the solid waste for collection,
(2) A sanitation worker employed by the City to collect residential trash, or
(3) A peace officer acting in his or her official capacity.
Sec. 90-23. — Bulk waste and preparation of bulky waste for collection.
(a) Residential and commercial service units may request curbside bulky waste
collection service from the Sanitation Office. Fees shall be assessed to the service
unit that generated the waste materials. Fees are set by separate ordinance.
(b) All waste materials must be placed at the curb or at a location as approved by the
Sanitation Superintendent and at least five feet from any horizontal obstruction as
well as 13.5 feet from any vertical obstruction. Examples of waste material
collected:
(1) Bulky waste.
(2) Home furnishing or furniture items such as chairs, tables, couches, and
mattresses.
(3) White goods or appliances such as washers, dryers, and stoves.
(a) White goods must be separated from other waste to allow pickup by
a collection vehicle equipped with a mechanical boom and grapple.
The vehicle must have safe clearance for its operation, both lateral
and overhead clearance.
(4) Construction and demolition debris such as carpet, padding, dismantled
fences, sinks, and commodes.
Sec. 90-24. - Placement of garbage, yard waste, brush, and recyclables for curbside
City residential collection service.
(a) Containers for curbside collection service shall be placed at a point adjacent to the
street on the side so designated by the sanitation division to facilitate cost-effective
and efficient service. Containers shall be placed at the curb no earlier than 5:00
p.m. on the day before the scheduled collection day and no later than 7:00 a.m. on
the scheduled day of collection. Every resident shall ensure the container is at
least five feet from any horizontal obstruction as well as 13.5 feet from any vertical
obstruction. Containers shall be removed from the curb no later than 11:59 p.m.
on the day of collection.
Sec. 90-25. - Residential Roll-off containers.
(a) Residential customers may request a ten cubic yard roll-off container service from
the City.
(b) The following type of waste may not be placed into a roll-off container: liquid paint,
liquid wastes, pesticides, putrescible, herbicides, batteries, motor oil, and tires;
(c) Roll-off containers must be placed:
(1) On a firm, stable surface of sufficient strength to support both the container
and truck which accesses the container;
(2) At a location that is free from any obstructions and accessible by truck;
(3) On private property;
(4) Not in or on a public street, public right-of-way, or easement without prior
written approval from the Director; and
(5) In a location free from overhead obstructions including, but not limited to,
trees and utility lines and wires.
(d) All material placed in the roll-off shall be fully contained within the roll-off to allow
for covering and transportation.
(e) To obtain a container, customers must sign a temporary release of liability and
arrange for billing at the Sanitation Office.
(f) Roll-off containers are the property of the City.
Sec. 90-26. - Additional regulations for residential collection services.
(a) A person may only use carts assigned to the service unit which that person
occupies.
(b) A person shall not place or stack any material around, on, adjacent to, or on top of
any cart or alley container nor shall any person overfill any cart or alley container.
All material placed for collection must be wholly contained within the City provided
cart or alley container designated for trash, yard waste, or recyclables with the lid
closed.
(c) All trash must be placed in plastic trash bags and securely tied prior to placement
into the trash cart.
(d) No person may remove, or cause to be removed, solid waste or recyclables placed
for collection.
(1) It is an exception to an enforcement action brought for a violation of
subsection (d) above that the person is:
An occupant of the residential service unit that placed the trash or
recyclables for collection;
ii. A sanitation worker employed by the collector who is engaged in City
residential collection services; or
iii. A peace officer acting in his or her official capacity is exempt from
this subsection.
(e) The City shall not be liable for loss or damage to property placed in or near any
solid waste or recycle materials container.
(f) No person shall place in a residential container any construction and/or demolition
debris.
(g) Self-Haul Options: Each residential service unit may self-haul municipal solid
waste, except special waste, to the landfill or the transfer station during normal
operating hours.
(1) The residential customer must show proof of residency with a valid ID, that
shall match the name on the water account and address of said valid ID,
and active account information. If the hauler is being compensated for the
hauling, then the hauler will be considered a commercial hauler and a
disposal fee shall be assessed. The Sanitation superintendent or disposal
site supervisor shall have the authority to determine if a fee is to be
assessed in situations not otherwise covered by city ordinance.
Secs. 90-27-90-35. Reserved.
ARTICLE III. COMMERCIAL AND INDUSTRIAL COLLECTION SERVICES BY CITY
Sec. 90-36. - Solid waste collection service for commercial or industrial.
(a) All commercial and industrial service units are required to have City municipal
waste service through a City container, namely a City container or an equivalent
number of City carts approved by the Sanitation superintendent.
(b) All commercial and industrial service units shall place all garbage in the City
container and may place any other municipal solid waste in the City container,
except for special waste.
(c) All commercial or industrial service units requesting container system service shall
provide adequate access to the container site, as approved by the Sanitation
superintendent. Each user of the system shall bag their trash and garbage to
prevent blowing litter and keep the container lid closed. Containers must be
properly loaded with doors closed for pickup to occur. The customer shall be
responsible for the cleanliness around the container or opened prior to the time of
service. Collection personnel is not responsible for opening and closing enclosure
gates.
(d) Municipal solid waste services rendered to commercial and industrial properties
shall be collected as designated by the Director. Any business operating in a
private home shall be placed in the commercial category.
Sec. 90-37. - Commercial waste containers.
(a) The City provides commercial solid waste containers.
(b) Frequency of commercial solid waste collection shall be determined by customer
need.
(c) Charges for both the commercial waste container and collection services shall be
established in the fee schedule as approved by the City Council.
(d) Commercial waste containers are property of the City.
(e) If at any time the requested container service level is determined to be inadequate
to meet required service demands, the sanitation superintendent shall have the
authority to increase the number of containers and/or frequency of collections.
Sec. 90-38. — Commercial and Industrial Roll-off containers.
(a) Commercial and Industrial customers may request a ten cubic yard roll-off
container service from the City.
(b) The following type of waste may not be placed into a roll-off container: putrescible
waste, liquid paint, liquid wastes, pesticides, herbicides, batteries, motor oil, and
tires;
(c) Roll-off containers must be placed:
(1) On a firm, stable surface of sufficient strength to support both the container
and truck which accesses the container;
(2) At a location that is free from any obstructions and accessible by truck;
(3) On private property;
(4) Not in or on a public street, public right-of-way, or easement without prior
written approval from the Director; and
(5) In a location free from overhead obstructions including, but not limited to,
trees and utility lines and wires.
(d) All material placed in the roll-off shall be fully contained within the roll-off to allow
for covering and transportation.
(e) To obtain a container, customers must sign a temporary release of liability and
arrange for billing at the Sanitation office.
(f) Roll-off containers are the property of the City.
Sec. 90-39. - Maintenance and storage of commercial waste and roll-off containers.
(a) A roll-off container supplied to a person by the City for use remains the property of
the City. It is assigned to a specific address and may be removed only by the
Director.
(b) The owner and/or person in control of the property where the commercial waste or
roll-off container is requested shall be responsible for the materials placed within
the container and for keeping clean all containers that have been supplied by the
City.
(c) The City will be responsible for all other maintenance of the container(s).
Sec. 90-40. - Additional regulations for commercial and industrial collections.
(a) Commercial customers shall utilize City-provided containers assigned to their
service address.
(b) The following materials are prohibited materials and shall not be placed in a
commercial waste or roll-off container for collection:
(1) Liquid Paint;
(2) Liquid wastes;
(3) Pesticides;
(4) Batteries;
(5) Motor oil;
(6) Herbicides;
(7) Refrigerators;
(8) Air Conditioners; and,
(9) Tires.
(c) When disposing of solid waste in a container, a person shall place all solid waste
in the container. A person shall not place or stack solid waste or any other items
around such container or above the container so as to overfill the container.
(d) The City shall have the right to inspect all containers and may declare them unfit
for use.
(e) All users of containers shall bag and securely tie all solid waste that is subject to
the propagation of airborne waste or attracting vectors such as but not limited to,
flies, other insects, and animals.
(f) No person shall tamper with or in any manner sort or rummage through any
container.
(g) The City shall not be liable for loss or damage to property placed in or near any
solid waste or recycle container.
(h) Only an owner, occupant, or lessee who has been assigned a container by the
Director and pays for collection of solid waste in a particular container may place
solid waste in that container. No other person may place solid waste in a container
unless that person has permission from the owner, occupant, or lessee to make
use of that container. No person shall block, place, or stack around an industrial
or commercial container, any construction and/or demolition debris, bulky waste,
yard waste, or solid waste.
(i) Commercial businesses that generate and bail cardboard onsite shall be allowed
to store and haul self-generated cardboard by the owner or contracted hauler to
intrastate or interstate recycling sites other than the City landfill.
Sec. 90-41. - Violations.
(a) It is unlawful for a person to remove or cause the removal of solid waste or
recyclables from a City-owned commercial container placed for collection.
(b) It is an exception to an enforcement action brought for a violation of subsection (a)
above that the person was:
(1) A sanitation worker employed by the collector who is engaged in City
commercial collection service.
(2) A peace officer acting in his or her official capacity.
(c) It is unlawful for a person to:
(1) Place prohibited material in a roll-off container for collection in violation of
this Chapter, or
(2) Allow prohibited material placed in a commercial waste or roll-off container
for collection in violation of this article to remain on property under his or her
control.
Secs. 90-42-90-50. Reserved.
ARTICLE IV. DISPOSAL FACILITIES
Sec. 90-51. - Unloading solid waste disposal facility.
(a) No person shall unload or dump any solid waste at the landfill or transfer station at
any place other than a place designated by a facility worker and under his direction
and supervision.
(b) The transporter shall be responsible for the payment of any administrative penalty.
The imposition of an administrative penalty shall not prevent or affect the issuance
of a citation or the filing of charges with the municipal court for violating this section
or any other provision of this Code.
(c) All junk and other material at the City landfill and transfer station is the City's
property, and no person is allowed to separate and collect, carry off or dispose of
such material except under the direction of the designated officials of the sanitation
division.
(d) Material that is hauled in a vehicle or vehicle and trailer combination with a gross
vehicle weight of 14,000 pounds or higher and/or a trailer in excess of 16 feet shall
be disposed of at the City landfill only.
(e) Rock, construction, roofing or remodeling debris shall not be accepted at the
transfer station. This debris must be hauled to the City Landfill.
Sec. 90-52. - Surcharge for unsecured loads.
Vehicles and trailers carrying loads to the City's landfill or City transfer station will
be checked to determine that they are properly secured as required by City ordinance
and applicable state laws. Any vehicle or trailer carrying a load not properly secured will
have loose materials fee assessed against it set by separate ordinance. The hauler and/or
landfill permittee shall be responsible for payment of this surcharge fee. The imposition
of this fee shall not in any way affect or prevent the issuance of a citation or filing of
charges with the municipal court for hauling an unsecured load.
Secs. 90-53-90-60. Reserved.
ARTICLE V. FRANCHISED SERVICE
Sec. 90-61. - Franchise required.
(a) No person within the City shall engage in the business of collecting, transporting,
or disposing of construction, demolition, compactor, bulky waste, recyclable
materials or special wastes produced in the City, as a primary business, without
first receiving a nonexclusive franchise from the City. The following types of waste
and persons hauling waste are hereby exempted from this Franchise requirement:
(1) Special waste from healthcare-related facilities that has not been treated in
accordance with the provisions of 25 TAC 1.136(a);
(2) Other regulated medical waste that has not been treated in accordance with
the provisions of 25 TAC 1.136(a);
(3) Asbestos wastes;
(4) Industrial hazardous wastes; or
(5) Industrial solid waste not approved for acceptance in the City disposal
facility.
(6) The City, City employees, and persons contracting with the City engaged in
the collection and transportation of solid waste and recyclable materials on
behalf of the City.
(7) Landscapers who produce yard waste through their regular course of
business.
(8) Individuals who produce and haul their own waste via personally or
commercial owned roll-offs or trailers whose primary business is not to haul
waste.
(9) Special waste haulers permitted by other local, state or federal agencies
(b) Franchise holders shall only use ten cubic yard or larger roll-offs, or compactors
for the collection, transporting, or disposing of waste.
(c) Franchise holders shall only collect, transport, or dispose of construction,
demolition, compactor, bulky waste, recyclable materials or special wastes from
commercial or industrial service units.
(d) Franchise holders may place a roll-off or compactor on a commercial or industrial
service unit site with a valid Location Site Permit that was obtained by the property
owner.
(e) Roll-off placement without location permit.
(1) Franchise holders are only permitted to place a roll-off or compactor on a
construction site at any place determined by the general contractor for
which there has not been issued a certificate of occupancy, except said
receptacle, shall not be placed on the public right of way, easements, or
public sidewalks.
(2) A construction site that receives service that is exempt from location site
permitting shall be required to provide service information upon the request
of the Director. The information may include, but not limited to, service
provider, invoices, dates of container serviced, and tonnages of disposed
or recycled material.
(f) Franchise holders may place a roll-off on a residential property with a valid City
building permit for the sole purpose of collection and disposing of construction or
demolition waste.
Sec. 90-62. - Franchise application.
(a) Any person desiring a Franchise under this article shall submit an application for a
Franchise with the City on a form approved by the Director.
(b) At a minimum, the application shall include:
(1) Name, address, and telephone number of the applicant and individual who
shall have care, custody, and control over containers;
(2) Trade name under which the applicant does business or proposes to do
business;
(3) Texas taxpayer identification number;
(4) Class, size, and design of each vehicle;
(5) Make, model, year, and license plate number of all vehicles to operate
under the Franchise;
(6) Nature and character of the service the applicant proposes to render;
(7) The experience applicant has had in rendering such service;
(8) Complete records of all felony convictions against the applicant and every
partner, officer, or Director of the applicant;
(9) A list of all claims or judgments against applicant resulting from the
negligent operation of a vehicle;
(10) Complete records of all convictions against the applicant and every partner,
officer, or Director of the applicant for violations of all laws, orders, and
ordinances of a City, county, state, or federal government, related to the
environment;
(11) A sworn statement from applicant that its collection and hauling methods
comply with all federal and state environmental standards; and
(12) Insurance Requirements
(i) An Franchise holder shall procure and keep in full force and effect
no less than the insurance coverage required by this section through
a policy or policies written by an insurance company that:
(1) is authorized to do business in the State of Texas; and,
(2) is acceptable to the City.
(ii) The insured provisions of the policy must name the City and its
officers and employees as additional insureds, and the coverage
provisions must provide coverage for any loss or damage that may
arise to any person or property by reason of the operation as a
Franchise holder.
(iii) A Franchise holder shall maintain the following insurance coverages:
(1) The commercial general liability insurance must provide
single limits of liability for bodily injury (including death) and
property damage of $1 million for each occurrence, with a $2
million annual aggregate.
(iv) Each vehicle of the Franchise holder shall maintain business
automotive liability insurance with a combined single limit for bodily
injury (including death) and property damage of $500,000 per
occurrence.
(v) Employer's liability insurance with the following minimum limits for
bodily injury by:
(1) Accident, $500,000 per each accident.
(vi) Insurance required under this Section must include the following:
(1) A cancellation provision in which the insurance company is
required to notify the Director in writing no fewer than 30 days
before canceling the insurance policy (for a reason other than
non-payment) or before making a reduction in coverage;
(2) A cancellation provision in which the insurance company is
required to notify the Director in writing not fewer than ten
days before canceling for non-payment;
(3) An endorsement to waive subrogation in favor of the City and
its officers and employees for bodily injury (including death),
property damage, or any other loss.
(4) Cover all Franchise holder vehicles during the times that the
vehicles are deployed or operating in furtherance of the
business;
(5) A provision requiring the insurance company to pay every
covered claim on a first-dollar basis;
(6) Require notice to the Director if the policy is canceled or if
there is a reduction in coverage; and
(7) Comply with all applicable federal, state, and local laws.
(13) Other information that may be relevant to the applicant's fitness to render
such services as may be required by Director.
Sec. 90-63. - Granting of Franchise.
(a) After receiving an application, the City may make such investigation as considered
necessary to determine whether the applicant meets the requirements of law and
of this ordinance, whether or not the public convenience and necessity require the
granting of such Franchise, and whether the applicant is qualified to conduct such
business.
(b) As a condition of granting a Franchise, Franchisee agrees to carry insurance as
set forth in the Franchise application.
(c) After reviewing the Franchise application and conducting the necessary
investigation, the City may issue the Franchise, issue the Franchise with
conditions, or may deny the issuance of the Franchise. If the Franchise is denied,
the City shall set forth the reasons for the denial in writing.
(d) The Franchisee may appeal the Franchise condition or denial to the City Manager.
If the Franchisee appeals to the City Manager, the City Manager, or his designee,
may uphold, reverse, or modify the decision. The decision of the City Manager or
his designee is final
Sec. 90-64. -Appeal.
The applicant may appeal to the City Manager the decision based on the request for
information as set forth in subsection 90-62 or the Franchise condition or denial set forth
in subsection 90-63. If the applicant appeals the request for information to the City
Manager, the City Manager or his designee may uphold, reverse, or modify the request.
The decision of the City Manager or his designee is final.
Sec. 90-65. - Term and renewal.
(a) All Franchises for commercial solid waste service shall be valid from the date
executed by all parties and shall terminate on August 31 following the issuance of
the Franchise.
(b) Franchise holders will receive an application for renewal from the Director at least
60 days prior to the expiration of a Franchise. The renewal application shall update
the information provided by the initial Application. Applications for renewal shall be
processed in the same manner as an initial application. Failure to receive notice is
immaterial to this section.
Sec. 90-66. - Penalties for Franchise violations.
(a) If the City finds any requirement of the Franchise to have been violated, the
Director may revoke the Franchise, deny renewal of the Franchise, suspend the
Franchise for a stated period of time, place the Franchise holder on probation or
place other conditions thereon as the Director finds necessary. Notice of
violation(s) shall be served on the Franchise holder in person or by mail.
(1) Upon receiving notice of any violation(s), Franchise holder shall have five
business days to remedy the violation(s) or implement a plan, approved by
the Director, to correct such violation(s) prior to the institution of
proceedings for revocation, denial of renewal, suspension, or probation. If
the City Manager determines that the remedy and/or the plan are sufficient,
the Director may decide not to proceed with revocation, denial of renewal,
suspension, or probation proceedings, or may place other conditions on the
Franchise.
(b) If the Director finds that false statements were made on any application,
Application for renewal, or any submittal required by this article by the Franchise
holder, agent, or employee of the Franchise holder, the Director may, after serving
Franchise holder with notice of the false statements, immediately suspend or
revoke the Franchise.
(c) If the Director finds that a violation(s)of the Franchise creates a threat to the health,
safety, or welfare of the citizens of the City or this state, the Director may, after
serving Franchise holder with notice of the violation(s), immediately suspend or
revoke the Franchise.
(d) The Franchise holder may appeal any penalty imposed under this section to the
City Manager. If the Franchise holder appeals to the City Manager imposition of a
penalty, the City Manager or his designee may either uphold, reverse, or modify
the penalty. The decision of the City Manager or his designee is final.
Sec. 90-67. - Records and reports.
(a) Reports. Franchise holder shall submit a monthly report to the City. The reports
shall become due on the 15th of every month for the previous month of each
Franchise year. The September 15 report shall be an annual report and shall
contain information for the previous 12 months of the Franchise. Each report shall
contain the following in a format designated by the Director:
(1) Make, model, year, and license plate number of all vehicles operating under
the Franchise for the month;
(2) Name, address, and telephone number of each customer serviced pursuant
to the Franchise for the month;
(3) Numbers and location of all commercial refuse containers;
(4) The type of service provided to each customer pursuant to the Franchise
for the month;
(5) Copies of all City Landfill trip tickets; and,
(6) The gross amount charged to all customers combined pursuant to the
Franchise for the month. The amount, in tons, hauled for each customer
pursuant to the Franchise for the month. Additionally, the Franchise holder
shall have available, at the Franchise holder's local office for inspection by
the City, the amount charged to each individual customer for service
pursuant to the Franchise for the month.
(b) Records. Franchise holder shall maintain at a single local location business
records of its commercial solid waste service. Such records shall include but are
not limited to:
(1) Inventory of all vehicles;
(2) Complete listing of all customers within the City, including names,
addresses, and telephone numbers;
(3) Numbers and locations of all roll-off containers and compactors owned by
the Franchise holder or Franchise holder's customers;
(4) Volumes, in tons, of construction or demolition, compactor, bulky waste,
recyclable materials or special wastes collected for each individual
customer within the City limits; and
(5) All current and previously submitted monthly and annual reports prepared
pursuant to the Franchise along with all supporting documentation.
(6) The total amount charged to each individual customer for service pursuant
to the Franchise for the current and all previous reporting periods, along
with all supporting documentation.
(7) The total tonnages hauled for each individual customer for service pursuant
to the Franchise for the current and all previous reporting periods.
A Franchise holder shall make its records available for audit or inspection to the
Director during normal business hours within 15 days of receipt of written notice from the
City for such audit or inspection.
Sec. 90-68. - Requirements for commercial containers.
All commercial containers used pursuant to a Franchise issued under this article
shall:
(1) If applicable, be constructed according to state and department of
transportation regulations;
(2) Be equipped with suitable covers to prevent blowing or scattering of refuse
while being transported for disposal of their contents;
(3) Be cleaned and maintained regularly by Franchise holder so as to be in
good repair and of good appearance and free of such refuse residues as
may cause odor or provide a breeding place for flies or harborage for
rodents;
(4) Be clearly marked with the Franchise holder's name and telephone
numbers in letters not less than three inches in height; and
(5) Be serviced by Franchise holder.
Sec. 90-69. - Possession, inspection of Franchise; number on vehicle.
In all cases where Franchises have been issued for the collection, removal, and
disposal of solid waste, a copy of the commercial roll-off operating Franchise shall be in
the possession of the person rendering such service and shall be subject to inspection at
all times.
Sec. 90-70. - Disposal of construction or demolition waste.
Franchise holders shall deliver to the City-owned landfill all construction or
demolition waste collected pursuant to their Franchise agreement and this Chapter.
Sec. 90-71. - Per-ton cost for disposal of solid waste.
The City Manager or designee is hereby authorized to enter into Franchise
agreements under the provisions of this article for the disposal of solid waste by a
Franchise holder at a City disposal facility. Charges assessed for each vehicle load of
solid waste taken to a City disposal facility by a Franchise holder shall be based upon the
City Council approved fee schedule.
Sec. 90-72. - Payment of fees.
(a) Franchise hauler shall pay a nonexclusive franchise fee, set by separate
ordinance, to operate under this chapter within the City of Wichita Falls.
(b) Annual payment by Franchise hauler per vehicle shall be due at a fee set by
separate ordinance.
(c) Payment of franchisee fee and vehicle fee shall be due at the time of application
with vehicle fee due annual thereafter.
(d) Site location permit fee shall be billed monthly with the service unit's utility bill until
the permit is canceled by the service unit. Fee set by separate ordinance.
Sec. 90-73. - Franchises are nontransferable.
All Franchises granted by the City for the private collection, removal, and disposal
of solid waste shall be nontransferable unless authorized by the Director.
Sec. 90-74. — Location Sites and Permits
(a) Any service unit wishing to utilize a Franchise holder for roll-off, or compactor
service shall first obtain a Location Site Permit.
(b) Use of a Franchise holder roll-off receptacle is limited to the disposal of
construction and demolition waste, bulky waste, cardboard or pallets to be
composted or disposed at the City Landfill, or scrap metal for recycling by others
and it shall be unlawful for the service unit to place any other municipal solid waste
in said receptacle.
(c) Use of a Franchise holder compactor receptacle is allowed for municipal solid
waste service.
(d) Permit Application.
(1) All commercial placements shall be permitted by the City prior to the
delivery of a commercial roll-off or compactor by a Franchise holder.
(2) The minimum the Application for permit shall include:
(i) Name of business;
(ii) Number of roll-offs or compactors on the commercial site;
(iii) A statement of understanding that household garbage and
putrescible waste are not allowed in any roll-off.
(iv) A statement of understanding that when the compactor is not in-
service, the site shall immediately contact the City to provide
municipal solid waste service.
(v) The name of the individual who shall have care, custody, or control
over all roll-offs, or compactors, and their contents on the location
site.
(e) Location of roll-offs or compactors.
(1) All commercial placements of roll-offs shall be located on an improved
surface in a front, side, or rear yard or an area recognized as the primary
driveway serving a residence, but shall not be located in any part of a fire
lane, maneuvering lane, public right-of-way, public sidewalks, visibility
triangle, easements, or impair sight distance. Franchise holder shall provide
a site plan showing the location of a commercial placement for the roll-offs.
(2) Residential placement, with a valid building permit, shall be placed on the
residential lot, and shall not be placed in public right-of-way, public
sidewalks, visibility triangle, easements, or impair sight distance
(f) Service units shall be required to provide service information upon the request of
the Director. The information may include, but not limited to, service provider,
invoices, dates of container serviced, and tonnages of disposed or recycled
material.
(g) Service unit shall allow the City to inspect permitted locations and containers.
Sec. 90-75 - Penalties for Location site violations.
(a) If the City finds any requirement of the location site to have been violated, the
Director may revoke the location site permit, deny renewal of the location site
permit, suspend the location site permit for a stated period of time, place the
location site permit on probation or place other conditions thereon as the Director
finds necessary. Notice of violation(s) shall be served on the location site permit
holder in person or by mail.
(1) Upon receiving notice of any violation(s), location site permit holder shall
have five business days to remedy the violation(s) or implement a plan,
approved by the Director, to correct such violation(s) prior to the institution
of proceedings for revocation, denial of renewal, suspension, or probation.
If the City Manager determines that the remedy and/or the plan are
sufficient, the Director may decide not to proceed with revocation, denial of
renewal, suspension, or probation proceedings, or may place other
conditions on the Franchise.
(b) If the Director finds that a violation(s) of the location site creates a threat to the
health, safety, or welfare of the citizens of the City or this state, the Director may,
after serving location site permit holder with notice of the violation(s), immediately
suspend or revoke the location site permit.
(c) The location site permit holder may appeal any penalty imposed under this section
to the City Manager. If the location site permit holder appeals to the City Manager
for imposition of a penalty, the City Manager or his designee may either uphold,
reverse, or modify the penalty. The decision of the City Manager or his designee
is final.
Secs. 90-76-90-80. - Reserved.
ARTICLE VI. SPECIFIC AND SPECIAL WASTE
Sec. 90-81. — Specific wastes.
All special wastes as defined in the regulations of the DSHS and/or TCEQ shall be
disposed of in accordance with the regulations of the DSHS and/or TCEQ. No person
shall mix special wastes with normal solid wastes or recyclables.
Sec. 90-82. - Disposal of special wastes from healthcare-related facilities.
It shall be unlawful for any person to set out for collection, place within any City-
owned container, transport to the City landfill for disposal, dispose of in the City landfill,
or otherwise dispose of any special waste from a health care-related facility as that term
is defined by the TCEQ unless such waste has been treated in accordance with applicable
State and Federal regulations.
Sec. 90-83. - Disposal of tires.
(a) It shall be unlawful for any person to put whole tires in any disposal container to
include, but not limited to, automated curbside carts, alley containers, commercial
containers, compactors, or roll-offs.
(b) Individuals collecting tires from businesses providing services in tire replacement,
repair, removal, disposal, recycling, and/or processing. Businesses shall be in
compliance with 30 TAC 328 Subchapter F for the management and disposal of
used or scrap tires.
(c) It shall be unlawful to deliver to the City landfill any tire unless split, quartered, or
shredded. Whole passenger and semi-truck tires may be delivered to the City
transfer station and disposed of for a fee set by separate ordinance. Residents
with an active solid waste account shall be able to dispose of up to four passenger
tires at no cost. Whole off-the-road tires intended for use on heavy equipment will
not be accepted at the City transfer station or landfill.
Sec. 90-84. - Lead-acid storage batteries.
It shall be unlawful for any person to set out for collection, place within any City-
owned refuse container, transport to the City landfill for disposal, dispose of in the City
landfill, or otherwise dispose of a lead-acid storage battery except by delivery to:
(1) The City Transfer Station;
(2) A battery retailer or wholesaler; or
(3) A collection or recycling facility authorized under the laws of this state or by
the United States Environmental Protection Agency.
Sec. 90-85. - Waste oil.
(a) It shall be unlawful for any person to set out for collection, place within any City-
owned refuse container, transport to the City landfill for disposal, dispose of in the
City landfill or otherwise dispose of any bulk or liquid waste oil or any used internal-
combustion engine oil or any used internal-combustion oil filters except by delivery
to a collection or recycling facility authorized to accept waste oil or used internal
combustion engine filters.
(b) It shall be unlawful for any person to:
(1) Intentionally discharge waste oil into a sewer, drainage system, septic tank,
surface water or groundwater, watercourse, or marine water;
(2) Directly dispose of waste oil on land;
(3) Apply waste oil to roads or land for dust suppression, weed abatement, or
other similar uses that introduce waste oil into the environment.
Sec. 90-86. - Liquid waste.
(a) It shall be unlawful for any person to discard or otherwise dispose of any bulk or
noncontainerized liquid waste except by delivery to a disposal facility authorized
to accept bulk liquid waste unless the liquid waste is household waste other than
septic waste.
(b) It shall be unlawful for any person to discard or otherwise dispose of any container
holding liquid waste unless:
(1) The container is a small container similar in size to containers normally
found discarded in household waste;
(2) The container is designed to hold liquids for a use other than storage; or
(3) The waste is household waste.
Sec. 90-87. - Items containing chlorinated fluorocarbon (CFC).
It shall be unlawful for any person to discard or otherwise dispose of a refrigerator,
freezer, air conditioner, or any other item containing chlorinated fluorocarbon (CFC)
unless all the CFC contained in such item shall have been captured and sent to an
approved CFC disposal site or recycling facility.
Sec. 90-88. - Polychlorinated biphenyls (PCB) waste.
It shall be unlawful for any person to discard or otherwise dispose of any
polychlorinated biphenyls (PCB) waste as that term is defined by the TCEQ, except by
delivery to an authorized PCB disposal facility.
Sec. 90-89. - Regulated hazardous waste.
It shall be unlawful for any person to discard or otherwise dispose of any regulated
hazardous waste as that term is defined by the TCEQ except by delivery to an authorized
hazardous waste disposal facility.
Sec. 90-90-90-99 Reserved.
ARTICLE VII. ORGANIC RECYCLING
Sec. 90-100. - Organic Recycling.
(a) Any residential owner, occupant, tenant or lessee may request curbside organic
recycling carts, which will be supplied by the City refuse division. Commercial
properties may request commercial organic recycling carts or containers. The
organic recycling carts and containers will be serviced once per week. Organic
recycling carts shall not be serviced during weeks with recognized City holidays.
Fee established by separate ordinance. Organic recycling fee shall be established
by separate ordinance.
(b) Persons served by an organic recycling container shall place yard waste and other
organic materials, such as, kitchen food waste and paper products: junk mail,
cardboard, newspaper, paper plates and cups and magazines completely within
the container with the lid closed. The following items are not allowed in the organics
recycling container: plastic bags, dirt, rocks, concrete, metal, coals, hot ash,
styrofoam, rubber, metal, plastic, glass, aluminum cans, bottles, garden hoses,
spray cans, paint, solvents, flammable liquids or oil.
(c) Only residential owners, occupants, tenants or lessees participating in the organics
recycling program may receive free compost during distribution events. Each
customer seeking free compost must provide a valid I.D. and their current water
bill showing the recycling charge.
2. Section 90-34 of Chapter 90 is moved to Chapter 50, Article V. Outdoor
Burning and shall read as follows:
ARTICLE V. OUTDOOR BURNING
Sec. 50-110 Burning prohibited unless pursuant to permit issued by fire chief.
(a) It shall be unlawful for any person to burn municipal solid waste or yard waste
within the city limits.
(b) The fire chief may issue a permit to burn trees and brush to the owner of a property
exceeding 50 acres within the city or property located in the floodway (as depicted
on the flood insurance rate map issued by the Federal Emergency Management
Agency), conditioned on compliance with the requirements of the fire chief that are
shown on the face of said permit and the following provisions:
(1) Any open burning shall occur at least 500 feet from any residence;
(2) Any open burning shall occur only on the day and time and exact locations
shown on the face of the permit;
(3) All open burning shall be closely supervised on the site of the burning by
personnel equipped to promptly extinguish all fires started pursuant to the
permit;
(4) All open burning shall be conducted in compliance with all state
requirements concerning air pollution, including, but not limited to, Title 30,
Environmental Quality, TAC sec. 111.219(3), (4), (6), and (7) (30 TAC sec.
111.219(3), (4), (6), (7)); and
(5) Open burning material shall consist only of trees, brush, grass, leaves,
branch trimmings; and other plant growth generated from the property upon
which the burning is occurring.
(c) The fire chief may refuse to issue a permit to burn trees and brush if the fire chief
determines that open burning pursuant to said permit will pose an unreasonable
risk of conflagration, danger to neighboring property, air pollution, or other danger
to health or safety.
(d) It shall be a defense to prosecution for a violation of this section and the open
burning provisions of the Fire Code adopted by this Code, including section 307 of
the Fire Code, that a person was burning in compliance with all conditions of a
permit to burn trees and brush issued pursuant to this section.
(e) This section and the remainder of this Code is found to be consistent with the
Texas Clean Air Act (see Texas Health and Safety Code ch. 382, subch. E,
Authority of Local Governments) and Title 30, Environmental Quality, TAC sec.
111.219 (3), (4), (6) and (7) (30 TAC sec. 111.219(3), (4), (6), (7)).
3. The registration of the Franchise holders, site permits, and collection of
fees pursuant to this ordinance are allowed to begin July 1, 2022 so as to prepare
for the effective date set out in section 4.
4. This ordinance modifying Chapter 90, including enforcement sections,
shall go into effect on September 1, 2022.
PASSED AND APPROVED this 3rd day of May, 2022.
144—
MAYOR
ATTEST:
171
_LufCity 'Clerk