Ord 42-2024 Amending Chapter 90 Solid Waste 08/20/2024 Ordinance No. 42-2024
Ordinance amending Chapter 90 Solid Waste 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, it has been previously determined the collection, hauling, and disposal
of solid waste is an activity that falls within the bounds of Texas Local Government Code
252.0221; and,
WHEREAS, this ordinance is further intended to preserve 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:
i Browning-Ferris,Inc. v. City of Leon Valley, 590 S.W.2d 729 (Tex. Civ. App—San Antonino 1979,writ ref d
n.r.e.);Op. Att'y Gen. JM-908 (1988); Op. Att'y Gen. JC-0281 (2000)
Chapter 90
Solid Waste
ARTICLE I
IN GENERAL
§ 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. 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.
Cart. A wheeled container provided by the City of Wichita Falls for solid waste or recyclable
materials.
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.
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 non-wheeled 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 of Wichita Falls.
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
of Wichita Falls, 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 of Wichita Falls 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 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. 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.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.
Refuse, rubbish or trash. 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. 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 non-hazardous 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 of Wichita Falls 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.
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.
Wichita Falls Organics reuse facility. The portion of the city landfill permitted and used for
composting operations.
White goods. Discarded large household appliances such as refrigerators, stoves, washing
machines, or dishwashers.
§ 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.
(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.§ 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) 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.
§ 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,
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.
§ 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.
§ 90-6 Value.
It is hereby declared that recyclable material has value.
§ 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.
§ 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.
§ 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 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.
§ 90-10 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.
§ 90-11 through § 90-20. (Reserved)
ARTICLE H
RESIDENTIAL COLLECTION BY CITY
§ 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.
§ 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 multifamily 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 (d) 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.
§ 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.
§ 90-24 Placement of garbage, yard waste, brush, and recyclables for curbside city residential
collection service.
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.
§ 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, refrigerators, air conditioners, 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 that 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 or 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.§ 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:
a. An occupant of the residential service unit that placed the trash or recyclables for
collection;
b. A sanitation worker employed by the collector who is engaged in city residential
collection services; or
c. 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.
§ 90-27 through § 90-35. (Reserved)
ARTICLE HI
COMMERCIAL AND INDUSTRIAL COLLECTION SERVICES BY CITY
§ 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.
§ 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.
§ 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, refrigerators, air conditioners,
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 that 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.
§ 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).
§ 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.
§ 90-41 through § 90-50. (Reserved)
ARTICLE IV
DISPOSAL FACILITIES
§ 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 disposed at the city landfill.
(f) Individuals may use the landfill or transfer station to dispose of household and yard waste
from their residences at no charge, subject to size restrictions, provided they show proof of
residency.
(1) The individual resident 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
§ 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.
§ 90-53 through § 90-60. (Reserved)
ARTICLE V
FRANCHISED SERVICE
§ 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
to haul waste 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 from commercial or industrial service units and
roll-off containers larger than ten (10) cubic yards for residential service units as allowed by
law.
(c) Franchise holders shall only collect, transport, or dispose of construction, demolition,
compactor, bulky waste, recyclable materials or special wastes from residential, commercial,
or industrial service units.
(d) Franchise holders may place a roll-off or compactor on a residential, commercial or industrial
service unit site in compliance with this article with a valid location site permit that was
obtained by the property owner.
(e) Roll-off placement without location permit.
(1) Franchise holders are 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 unless allowed in writing by the director. If allowed, traffic
cones, barricades, reflective tape, or similar caution devices will be required by the director
(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.
(3) Roll-off placement on residential property without a location permit shall be
allowed subject to a site notification form completed and provided to the director by the
franchise holder prior to placement.
(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.
(g) 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) Putrescible waste
(9) Air conditioners; and
(10) Tires.
§ 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:
a. A 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; and
2. Is acceptable to the city.
b. 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.
2. 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$500,000.00 per occurrence.
3. Employer's liability insurance with the following minimum limits for
bodily injury by:
(i) Accident, $500,000.00 per each accident.
4. Insurance required under this section must include the following:
(i) Cover all franchise holder vehicles during the times that the vehicles
are deployed or operating in furtherance of the business;
(ii) A provision requiring the insurance company to pay every covered
claim on a first-dollar basis; and
(iii) 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.
§ 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.
§ 90-64 Appeal.
The applicant may appeal to the city manager the decision based on the request for information as
set forth in section 90-62 or the franchise condition or denial set forth in section 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.
§ 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.
§ 90-66 Franchise Revocation Procedure.
(a) If the city finds any requirement of the franchise holder 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) priorto 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.
§ 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. 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, residential, construction,
demolitionrefuse 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.
(1) 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:
a. Inventory of all vehicles;
b. Complete listing of all customers within the city, including names, addresses, and
telephone numbers;
c. Numbers and locations of all roll-off containers and compactors owned by the
franchise holder or franchise holder's customers;
d. Volumes, in tons, of construction or demolition, compactor, bulky waste,
recyclable materials or special wastes collected for each individual customer within the city
limits;
e. All current and previously submitted monthly and annual reports prepared pursuant
to the franchise along with all supporting documentation;
f. 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 and
g. The total tonnages hauled for each individual customer for service pursuant to the
franchise for the current and all previous reporting periods.
(2) 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.
§ 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.
§ 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.
§ 90-70 Disposal of waste.
Franchise holders shall deliver to the city-owned landfill all commercial, residential, construction
or demolition waste collected pursuant to their franchise agreement and this chapter.
§ 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.
§ 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.
(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 annually 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.
§ 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.
§ 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's 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 a permit shall include:
a. Name of business;
b. Number of roll-offs or compactors on the commercial site;
c. A statement of understanding that household garbage and putrescible
waste are not allowed in any roll-off.
d. 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.
e. 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.
(2) Residential placement 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. These requirements may be waived with prior written approval from the director. If
allowed, traffic cones, barricades, reflective tape, or similar caution devices will be
required by the director
(3) Residential roll-off containers located on residential properties are only allowed to
remain on the property for no more than twenty (20) consecutive days unless the property
owner is using the roll-off in conjunction with an active building permit issued by the City.
(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.
§ 90-75 Penalties.
(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.
(b) Upon receiving notice of any violation(s), location site permit holder a violator 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 violator.
(c) 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.
(d) 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.
(e) 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.
(f) Any violation of any provision of this Chapter for each day or portion of a day during which
the violation is committed, continued or permitted shall be considered a Class C
misdemeanor,punishable by a fine. .
(g) 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.
(h) 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.
§ 90-76 through § 90-80. (Reserved)
ARTICLE VI
SPECIFIC AND SPECIAL WASTE
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 90-90 through § 90-99. (Reserved)
ARTICLE VH
ORGANIC RECYCLING
§ 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.
PASSED AND APPROVED this the 20th day of August, 2024.
MAYOR
ATTEST:
Cit CIerk