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Ord 6-85 1/15/1985 ORDINANCE NO. 6-85 ORDINANCE PROVIDING REGULATIONS FOR THE TRANS- PORTATION AND DISCHARGE OF LIQUID, SOLID AND SPECIAL WASTE; REQUIRING AUTHORIZED SITE AND METHOD OF DISPOSAL; REGULATING WHAT WASTES MAY BE GENERATED AND TRANSPORTED FOR DISPOSAL; REGULATING THE GENERATION AND ACCUMULATION OF WASTES INCLUDING, BUT NOT LIMITED TO, GREASE TRAP , GRIT TRAP AND SEPTIC TANK WASTE; PROVIDING FOR PERMIT FEES; AND PROVIDING FOR ENFORCEMENT. AUTHORIZATION TO ENACT UNDER PROVISIONS OF ARTICLE 4477-7 , VERNON 'S TEXAS CIVIL STATUTES, AND THE TEXAS DEPARTMENT OF HEALTH'S "MUNICIPAL SOLID WASTE MANAGEMENT REGULATIONS . " BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Ordinance No. 2325 , which is codified as Sections 32-86 through 32-91 of the Code of Ordinances, is hereby amended in its entirety to read as follows : " SECTION 1. DEFINITIONS Definition. When used in this Section, these terms shall be defined as follows: Administrative Authority. Shall mean the Water Pollution Department shall have enforcement responsibility for this ordinance. City. Shall mean the City of Wichita Falls . Director. Shall mean the Manager and/or Health Authority of the Wichita Falls/Wichita County Public Health District. Disposal. Means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or semi-solid grease trap waste, grit trap waste, and/or septage into or on any land or water. Disposal Site. Means a permitted site or part of a site at which grease trap waste, grit trap waste, or septage is processed, treated and/or intentionally placed into or on any land and at which said waste will remain after closure. Disposer. Means a person who receives, stored, retains, processes, or disposes of liquid waste . Generator. Means a person who causes, creates, generates, or otherwise produces liquid waste . Grease Trap. Means a water-tight receptacle designed and con- structed to intercept and prevent the passage of greasy, fatty liquid, semi-liquid, and/or solid wastes generated from commercial operations into the sanitary sewer system to which the receptacle is directly or indirectly connected. Grease Trap Waste. Means greasy, fatty liquid, semi-liquid, and/or solid wastes removed from commercial operations by a grease trap. Grit Trap. Means a water-tight receptacle designed and con- structed to intercept and prevent the passage of petroleum based oil, grease wastes and solids into the sanitary sewer system to which the receptacle is directly or indirectly connected. Grit Trap Waste. Means petroleum based oil, grease wastes and solids from commercial automotive or heavy machinery repair and/or washing facilities. Hazardous Waste. Means any liquid, semi-liquid or solid waste (or combination of wastes) , which because of its quantity, concen- tration, physical chemical or infectious characteristics may: a. have any of the following characteristics : toxic, corrosive, an irritant, a strong sensitizer, flammable or combus- tible, explosive or otherwise capable of causing substantial personal injury or illness; b. pose a hazard to human health or the environment when improperly treated, stored, transported, or disposed of , or other- wise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the Administrator, U .S . Environmental Protection Agency (EPA) pursuant to the Federal "Solid Waste Disposal Act, " as amended by the "Resource Conservation and Recovery Act of 1976" and as may be amended in the future . Liquid Waste . Means water-borne solids, liquids, and gaseous substances derived from a grease trap, grit trap, chemical/portable toilet and/or septic tank and described as a grease trap waste, grit trap waste or septage. Manager. Means the person conducting, supervising, managing or representing the activities of a generator, transporter, or disposer. Manifest System. Means a system consisting of a four-part trip ticket used to document the generation, transportation and disposal of liquid waste. Owner. Means the person who owns a facility or part of a facility. Permit. Means the formal written document issued to a person by the approving authority authorizing collection of grease trap waste, grit trap waste and septage . Permittee. Means a person granted a permit under this article. Person. Means an individual, corporation (including a government corporation , organization, government, governmental subdivision or agency, Federal agency, state, political subdivision of a state, inter- state agency or body, business or business trust, partnership, associa- tion, firm, company, joint stock company, commission, or any other legal entity. POTW. Means Publicly Owned Treatment Works. Sanitary Sewer. Means a sewer which carries sewage and to which storm, surface, and ground waters are not normally admitted. Septage. Means wastes removed from a portable toilet, chemical toilet or septic tank. Shall. Means the word "shall" whenever used in this article will be interpreted in its mandatory sense; "may" is permissive. Special Wastes. Means any solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, require special handling and disposal to protect the human health or the environment. Spill. Means the accidental or intentional loss or unauthorized dis- charge of grease trap waste, grit trap waste, and septage. Tank. Means a device, designed to contain an accumulation of grease trap waste, grit trap waste and septage which is constructed primarily of non-earthen materials (e.g. , concrete, steel, plastic) to provide structural support for the containment. TDH. Means Texas Department of Health. Toxic Waste. Means any liquid, semi-liquid, or solid waste mate- rial which has the ability to chemically produce injury once it reaches a susceptible site in or on the body. Transporter. Means a person who operates a vehicle for the pur- pose of transporting liquid waste. Trip Ticket. Means the shipping document originated and signed by the transporter which contains the information required by the ap- proving authority. Vehicle. Means a mobile device in which or by which liquid waste may be transported upon a public street or highway. WF/WCPHD. Means Wichita Falls/Wichita County Public Health District. -3- } SECTION 2. LIQUID WASTE TRANSPORTATION PERMIT REQUIRED A person commits an offense if he operates or causes to be oper- ated a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of liquid waste and the approving authority shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit. number is issued for each vehicle operated. A person who desires to obtain a permit must make application on a form provided by the approving authority. The approving authority shall be notified of employment changes during the permit period. The approving authority shall not issue a permit unless the appli- cant submits for inspection by the approving authority the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the approving authority to be constructed and equipped in accordance with the provisions of this article. A permit is not transferable. A permit issued by the City of Wichita Falls excludes the hauling of materials that are hazardous in nature. Transporters transporting hazardous wastes must have the applic- able Texas Department of Health or Texas Department of Water Resources permit and use the appropriate manifest system. FEE AND DISPLAY OF PERMIT The approving authority shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee of $50.00 for the first vehicle and $50.00 for each additional vehicle operated by the person. Each permit must be renewed by October 1st an- nually. Any fee paid shall be non-refundable. The approving authority shall number permits consecutively, and each permit holder shall cause to be displayed on each side of each vehicle in a color contrasting with the background in three inch letters or larger the business name, Wichita Falls permit number and the TDH registration number. The permit holder shall place business name, the Wichita Falls permit number and the registration number on each vehicle before the vehicle is operated. The permit holder shall keep the permit receipt or a copy in the vehicle at all times. -4- LIQUID WASTE VEHICLES: MAINTENANCE A liquid waste transporter shall: Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks; Provide a safety plug or cap for each valve of a tank; Cause a vehicle exterior to be clean and the vehicle odor-free at the beginning of each work day. Any of the above actions shall be taken only so far as is neces- sary to protect the health, safety and welfare of the public. The approving authority may cause to be impounded a vehicle which is being operated in violation of this article, and he may author- ize the holding of the vehicle until the violation is corrected. The ap- proving authority may also revoke the permit for the improperly operated vehicle. LIQUID WASTE VEHICLES: INSPECTION A liquid waste transporter's vehicle shall be inspected by the ap- proving authority prior to the issuance of a vehicle permit with qualifi- cations as follows: Use a vehicle with a single tank as an integral portion of vehicle to transport liquid wastes; portable tanks or other containers temporarily installed in vehicles are prohibited;. Piping, valves, and connectors shall be permanently attached to tank and/or vehicle; Tank to be liquid tight; Tank to be constructed so that every interior and exterior portion can be easily cleaned; Piping, valves, and connections shall be accessible and easy to clean; Inlet, or opening of tank to be constructed so that collected waste will not spill during filling, transfer, or during transport; Outlet connections to be constructed so that no liquid waste will leak, run, or spill out from the vehicle; Outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use; -5- Pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning. SECTION 3. RESPONSIBILITIES OF A LIQUID WASTE TRANSPORTER Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful gases, fumes, liquids, or other substances. A transporter with a City of Wichita Falls liquid waste transporter permit shall not transport materials that are hazardous as defined in Section 1 in vehicles permitted by the City for transporting liquid waste . A transporter holding a City of Wichita Falls permit must use a disposal site permitted and approved by the city, or the state, or the federal government. A manifest system, consisting of a four-part trip ticket must be used to document the generation, transportation and disposal of all applicable liquid waste generated in the City of Wichita Falls and shall be used as follows: 1. The trip ticket books shall be purchased by the transporter from the City of Wichita Falls, Department of Air-Water Pollu- tion Division for the cost of providing same. 2. A transporter shall complete one trip ticket for each location serviced. Chemical/portable toilet companies servicing their own units shall be required to complete one trip ticket for each vehicle load transported. 3. White copy of trip ticket shall be signed by transporter with Disposal Site Name and Permit No. at time of waste disposal and Green copy maintained by Landfill/Wastewater. 4. Yellow copy of trip ticket shall be maintained by transporter; 5. All completed trip tickets containing the White copy of the trip ticket will be delivered at least weekly by the disposer to the City of Wichita Falls, Department of Health Air-Water Pollution Division. 6. A copy of all trip tickets shall be maintained for a period of two years. -6- SECTION 4. ACCUMULATION, GENERATION, AND DISPOSAL ACCUMULATION OF LIQUID WASTE A person commits an offense if he allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his control. DISPOSAL OF LIQUID WASTE A person commits an offense if he unloads or offers for sale or exchange liquid waste, except at a place permitted by the city, the state, or the federal government. A person commits an offense if he deposits or discharges liquid waste onto a street or into a storm or sanitary sewer or an area that drains into the storm sewer system. RESPONSIBILITIES OF LIQUID WASTE GENERATOR A generator of liquid waste shall have all liquid waste material picked up from his premises by a liquid waste transporter who holds a valid permit from the city and the liquid waste shall be transported to an approved site for disposal as approved by the Wichita Falls/Wichita County Public Health District. A generator of liquid wastes shall not have non-hazardous wastes or liquid wastes in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit. A generator shall: 1. Install or provide collection device of size and type specified by approving authority; 2. Maintain collection device in continuous,proper operation; 3. Supervise proper cleaning of collection device; 4. Report spills and accidents involving collection device to ap- proving authority within 24 hours; 5. Clean up all spills and accidents immediately and have mate- rial disposed of by permitted transporter by proper means. 6. Make available all records required to be kept for inspection by the approving authority during normal business hours. • -7- 1 _- • RESPONSIBILITIES OF LIQUID WASTE DISPOSERS • A liquid waste disposer commits an offense if he allows accumula- tion of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard. A liquid waste disposer shall: 1. Obtain and maintain compliance with all licenses and/or per- mits required by local, state or federal law; 2. Accept waste only from a permitted transporter; 3. Maintain trip ticket copies for a period of two years; 4. Accept only those classes of wastes authorized by license or permit; 5. Make available all records required to be kept for inspection by the approving authority during normal business hours. SECTION 5. RULES AND REGULATIONS ENFORCEMENT The approving authority may promulgate rules and regulations as may be necessary to carry out the provisions of this article and protect the public from health and safety hazards. The approving authority may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The approving authority may amend any permit issued hereunder to ensure compliance with applicable laws and regulations. DENIAL, SUSPENSION, REVOCATION OF PERMIT The approving authority may deny a permit if it is determined that an applicant is not qualified under Section 2 of this article and may suspend or revoke a permit if it is determined that a permittee: 1. Is not qualified under Section 2 of this article; 2. Has violated a provision of this article; 3. Has failed to pay a required fee; 4. Has failed to comply with maintenance or inspection require- ments; 5. Has failed to deliver trip tickets to the approving authority; -8- , J• . 6. The permittee whose permit has been revoked by the approving authority may appeal to the Health Authority in writing within ten (10) days of revocation. The Health Authority may rein- state the permit or continue with the revocation. The deci- sion of the Health Authority shall be final within five (5) days. After suspension under this section, a permittee may file a request for reinstatement of the permit. When the approving authority determines that the permittee is again qualified, all violations have been cor- rected, precautions have been taken to prevent future violations, and all required fees have been paid, he shall reinstate the permit. A permittee whose permit is suspended or revoked shall not collect, transport, or dispose of any waste materials within the jurisdiction of the approving authority. RESPONSIBILITY OF CORPORATIONS OR ASSOCIATIONS In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment. Any person, operator, or owner who shall violate any provision of this ordinance, or who sha 11 fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be, sub- ject to a fine not less than two hundred dollars ($200.00) , and each violation and each day a violation continues, shall constitute a separ- ate offense and shall be punished accordingly. A permittee is liable to the City for any expense, loss, or damage occasioned by the City for reason of appropriate clean-up and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half (1/2) of assessed clean-up costs shall be levied by the City against the guilty person." PASSED AND APPROVED THIS /,6*v DAY OF /� / u • j 'ice/� MAY SR ATTEST: ITY CLERK -9- Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) ORDINANCE NO.1-85 On this 28 day of January AN ORDINANCE CLOSING,VA- CATING,AND ABANDONING A I PORTION OF AN EASEMENT A.D. .. personally appeared before me, the undersigned authority I LOCATED IN LOT 4, BLOCK 2, MIDWESTERN PARK,UNIT 2,AN bookkeeper ADDITION TO THE CITY OF Toni Be1ver1Pr WICHITA FALLS,TEXAS ORDINANCE NO.2-85 AN ORDINANCE REGULATING THE OPERATION AND MAIN- for the Times Publishing Company of Wichita Falls, publishers of the TENANCE OF INDOOR AND OUTDOOR PUBLIC AND SEMI- Wichita Falls Record News, a newspaper published at Wichita Falls in PUBLIC SWIMMING POOLS, . WADING POOLS, PORTABLE POOLS, DIVING TOWERS, Wichita County. Texas, and upon being duly sworn by me, on oath states WATER SLIDES, SPAS, WHIRL- POOLS, PUBLIC BATHS HOUSES that the attached,advertisement is a true and correct copy of advertising AND RELATED POOL AREAS AND EQUIPMENT;REQUIRING A PER- MIT,ESTABLISH A FEE;REQUIR- published in_,. ONE(1) issues thereof or. the following ING CERTIFICATION OF A POOL p MANAGER OF OPERATION AND ESTABLISHING A FEE; AND, I dates: PROVIDING FOR ENFORCE-1 Jan. 25 MENT. •• ORDINANCE NO.3-85 ORDINANCE EXTENDING ORDI-I - NANCE NO. 83-84, WHICH ,\, / (- 'e ? e-I-t / WAIVED SECTIONS 31-51, • _ 31-54,and 31-55 OF THE CODE f Bookkeeper for Times Publishing Company OF ORDINANCES, REQUIRING TAXIMETERS IN VEHICLES FOR, of Wichita Falls HIRE, AND SECTION 31-47, RE- QUIRING CHAUFFEUR-DRIVEN VEHICLES FOR HIRE TO BE PLAINLY MARKED, CONCERN- Subscribed and sworn to before me this the day and year first above ING LIMOUSINE SERVICE BY • STEVE KNUDSEN AND MICHAEL L) written. I F.GRIFFITH. ORDINANCE NO.CHANGING ORDINANCE CHANGING THE ' \, TIME OF THE SECOND REGULAR v CITY COUNCIL MEETING IN FEB- , or RUARY, 1985, TO SEVEN O'CLOCK P.M. - ORDINANCE NO.6-85 ORDINANCE NO.8-85 - ORDINANCE NO.5-85 ORDINANCE PROVIDING REGU- AN ORDINANCE CLOSING, VA- AN ORDINANCE LATION FOR THE TRANSPOR- CATING,AND ABANDONING A FOR PRIVATE SEWAGE DIS- I TATION AND DISCHARGE OF PORTION OF A TWENTY (20) POSAL SYSTEM, DEFINING , 1 f LIQUID, SOLID AND SPECIAL FOOT WIDE, NORTH-SOUTH TERMS: PROHIBITING POL- JaC, t @Xa3 / J'1 -S 6 W A S T E; R E Q U I R I N G ALLEY LOCATED BETWEEN LOTS LATION OF THE WICHITA FALLS'fission Exni,..'eS ._ c� AUTHORIZED SITE AND 9 AND 10, BLOCK 14, SIKES WATER SUPPLY; REQUIRING METHOD OF DISPOSAL; REGU- ESTATES, SECTION F-1, PERMITS FOR CONSTRUCTION LATING WHAT WASTES MAY BE WICHITA FALLS,TEXAS. AND OPERATION OF PRIVATE GENERATED AND TRANS- ORDINANCE NO.9-85 SEWAGE FACILITIES; PRESCRIB- - - -. PORTED FOR DISPOSAL; REGU- ORDINANCE ENTITLED"EMERG- ING PROCEDURES FOR OBTAIN- LATING THE GENERATION AND ENCY REPORTING EQUIPMENT ING PERMITS; INSPECTIONS ACCUMULATION OF WASTES AND PROCEDURES"; PROVID- AND PAYMENT OF FEES;REGU- INCLUDING, BUT NOT LIMITED ING DEFINITIONS; REQUIRING LATING WATERCRAFT AND TO, GREASE TRAP, GRIT TRAP, A PERMIT OF ALARM SYSTEM MARINE SANITATION ON THE AND SPETIC TANK WASTE; USERS; PROVIDING SERVICE WICHITA FALLS WATER SUPPLY; PROVIDING FOR PERMIT FEES; FEES FOR ALARM NOTIFICA- AND PROVIDING FOR ENFORCE- AND PROVIDING FOR ENFORCE- TIONS; PROVIDING FOR REVO- MENT MENT. AUTHORIZATION TO CATION OF PERMIT; REGU- ORDINANCE NO.6-85 ENACT UNDER PROVISIONS OF LATING ALARM REPORTING ORDINANCE PROVIDING REGU- ARTICLE 4477-7, VERNON'S AND OPERATION;PROHIBITING LATION FOR THE TRANSPOR- TEXAS CIVIL STATUTES, AND DIAL ALARM DEVICES USING TATION AND DISCHARGE OF THE TEXAS DEPARTMENT OF TELEPHONE SWITCHBOARD FOR LIQUID, SOLID AND SPECIAL. HEALTH'S "MUNICIPAL SOLID P R E-R E C O D I N G V O I C E WASTE; REQUIRING WASTE MANAGEMENT REGU- MESSAGES; POOVIDING FOR AUTHORIZED SITE AND LATIONS." PROTECTION OF FINANCIAL IN- METHOD OF DISPOSAL; REGU- ORDINANCE NO.7-85 STITUTIONS; PROVIDING A LATING WHAT WASTES MAY BE AN ORDINANCE MAKING AN PENALTY NOT TO EXCEED GENERATED AND TRANS- APPROPRIATION FROM THE $200; PROVIDING 90 DAYS PORTED FOR DISPOSAL; REGU- GENERAL FUND TO THE AC- AFTER PASSAGE AS THE EFFEC- LATING THE GENERATION AND' COUNT NUMBER LISTED BELOW, I TIVE DATE. ACCUMULATION OF WASTES INCREASING BUDGETED REV- INCLUDING, BUT NOT LIMITED ENUE FIGURES TO RECOGNIZE TO, GREASE TRAP, GRIT TRAP, REVENUES TO BE RECEIVED AND SPETIC TANK WASTE; FROM THE OPERATION OF THE PROVIDING FOR PERMIT FEES; POLICE IMPOUND FACILITY, i - AND PROVIDING FOR ENFORCE- . AND DECLARING AN EMERG- I - MENT. AUTHORIZATION TO ENCY.