Ord 42-2017 10/7/2017Ordinance No. _42-2017_
Ordinance amending the Code of Ordinances of the City of Wichita
Falls, Texas Chapter 90, Solid Waste, Article II, Collection and Article
V, Organics, Compost and Mulch
WHEREAS, the City Council finds that it is reasonable to update the weight limit
for the public use of the Transfer Station and eliminate the need for a vendor fee to
purchase compost; and,
WHEREAS, the City shall remove duplicated sections regulating illegal dumping.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The Code of Ordinances of the City of Wichita Falls is amended at Chapter
90, Solid Waste, Article II, Collection, Division 1, Generally, to hereafter read as follows:
Sec. 90-32. - Schedule.
(a) Municipal solid waste situated at residences shall be picked up twice per week.
(b) Municipal solid waste services rendered to commercial and industrial areas
shall be as needed. Any business operated in a private home shall be placed in the
commercial category.
Sec. 90-33. - Hauling or disposal of solid waste.
It shall be unlawful for any person other than the Sanitation Division to collect or
dispose of municipal solid waste or to haul or transport or convey said municipal solid
waste within the city except as specified in this article or as expressly authorized by law.
Sec. 90-34. - 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 wit hin 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 an d 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 super vised 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 § 111.219(3), (4), (6), and (7) (30 TAC §
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 pro perty
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 § 111.219 (3), (4), (6) and
(7) (30 TAC § 111.219(3), (4), (6), (7)).
(Code 1966, §§ 17-18, 27-1; Code 2001, § 90-35; Ord. No. 69-2011, § 1, 12-6-2011)
Secs. 90-35—90-60. - Reserved.
2. The Code of Ordinances of the City of Wichita Falls is hereby amended at
Chapter 90, Solid Waste, Article II, Collection, Division 3, Specific Wastes, to hereafter
read as follows:
Sec. 90-96. - Removal of construction, remodeling or cleanup waste.
(a) Rock, scrap building materials, or other trash resulting from construction or
remodeling or from a general cleanup of vacant or improved property or from sizeable
amounts of trees, brush, or debris cleared from property will not be re moved by the city
as a regular service but may be done for the owner on payment of extra fees at a rate
established by separate ordinance.
(b) Notwithstanding subsection (a) of this section, all types of trash, refuse and
rubbish will be carried by the c ity during various cleanup campaigns proclaimed by the
city. During a cleanup campaign, no additional charges will be levied for picking up
properly bundled or bagged trash, municipal solid waste or rubbish.
(c) During the term of any cleanup campaign in which no charge will be levied,
it shall be unlawful for the user to load or allow to be loaded in the trailer or disposer
anything that will extend above the height or beyond the side of it.
(d) Material described in subsection (a) of this section that is hauled in a truck
or trailer having a gross vehicle weight of 12,500 pounds or higher shall be disposed of
at the city sanitary landfill only.
Article V. - Organics, Compost and Mulch
Sec. 90-221. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Vendor means any organization that has registered with the Sanitation Division .
Wichita Falls Organics means those materials, compost or mulch produced at the
Wichita Falls Organics recycling facility. This is the trade name used for marketing
purposes.
Wichita Falls Organics recycling facility means the portion of the Wiley Road
Landfill permitted and used for composting operations.
Sec. 90-222. - Penalty for violation.
Any person who violates any section of this article will have his registration
revoked and may be prohibited from future purchases of Wic hita Falls Organics.
Sec. 90-223. - Criteria.
Wichita Falls Organics meets or exceeds all Environmental Protection Agency
(EPA) and Texas Commission on Environmental Quality (TCEQ) criteria for use by the
general public. It is the responsibility of the vendor to provide the customer with
information on how to properly use Wichita Falls Organics.
Sec. 90-224. - Registration.
(a) Required. No person, except duly authorized city agents and employees,
shall distribute or market materials generated by th e Wichita Falls Organics recycling
facility without a registration on file with the Sanitation Division . The purpose of
registration is to ensure that all vendors marketing this product comply with all applicabl e
federal, state and local rules and regulations. Failure to comply with these rules and
regulations is grounds for revoking the vendor's registration .
Sec. 90-225. - Purchase of Wichita Falls Organics.
Wichita Falls Organics may be purchased during normal operating hours at the
landfill office. The purchase price will be established by separate ordinance. A limited
quantity of material may be available a nd will be available on a first come, first served
basis. Although the city will make every effort to maintain adequate inventory, the
availability of compost or related products is not guaranteed or assured.
Sec. 90-226. - Resale of Wichita Falls Organics.
Registered vendors may resell Wichita Falls Organics. at their discretion. Resale
must be made under the Wichita Falls Organics trade name and logo, both of which must
be displayed on all packaged or bagged compost. Premixing these materials with oth er
soils and selling under another trade name is prohibited. The vendor will provide the city
with a list of users when required by TCEQ regulations, and will provide these users any
notices required by the Texas Commission on Environmental Quality (TCEQ).
3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
4. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this ordinance shall become a part of the Code of Ordinances of t he
City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
5. Should any word, phrase, paragraph, section or portion of this ordinance or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
PASSED AND APPROVED this the 17th day of October, 2017.
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M A Y O R
ATTEST:
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City Clerk