§ 7-5. Solid waste management.
(a)
In general.
(1)
Scope and effect. The provisions of this section shall apply to all territory within the existing corporate limits of the city and any additions thereto. The collection and disposal of all solid waste shall be regulated and permitted by the city, with title to and ownership of such solid waste vesting in the city at the time such waste is set out for collection by the city, by a franchisee of the city, or by a private or commercial solid waste hauler.
The city's sanitation division or its franchisee shall be the exclusive provider of residential and commercial garbage, rubbish, and refuse collection and disposal services for all premises within the city and it shall be unlawful for any other person to provide residential or commercial garbage, rubbish, or refuse collection or disposal services to any person for compensation within the city, or to make use of the public streets for that purpose, except as provided in this chapter.
(2)
Purpose. The accumulation of garbage, rubbish, brush and other refuse constitutes a public nuisance, a health hazard, a fire hazard and a safety hazard. Therefore, owners and tenants or other persons in control of property of private residences, private commercial buildings and businesses, and the occupants of all private noncommercial buildings which accumulate refuse, shall deposit their garbage, rubbish, brush and other refuse for removal by the agent designated by the city. Such owners, renters and occupants shall maintain the premises of the buildings and property free of accumulations of all other refuse. All refuse shall be disposed of in a place and by methods deemed appropriate by the city. The purpose of this section is to provide for a method of collecting and disposing of refuse and to maintain neighborhood quality and aesthetics and maintenance of property values by providing for the general health and welfare.
(3)
Definitions. The following words, terms, and phrases, when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bags means plastic sacks, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 35 pounds.
Bin (commercial/industrial) means metal receptacle designed to be lifted and emptied mechanically for use only at commercial and industrial units.
Brush means plants or grass clippings, leaves or tree trimmings.
Bulky wastes means stoves, refrigerators, water tanks, washing machines, furniture, loose brush greater than four inches in diameter that cannot be bundled in four foot lengths and weights more than 50 pounds, and other waste materials other than construction debris, dead animals, hazardous waste, or stable matter with weights or volumes greater than those allowed for containers.
Bundle means tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length, four inches in diameter, or 50 pounds in weight.
City means the City of Terrell.
Commercial and industrial refuse means all bulky waste, construction debris, garbage, rubbish and stable matter generated by a customer at a commercial and industrial unit.
Commercial and industrial unit means all premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the city, not a residential unit.
Commercial hand collect unit means a retail or light commercial type of business which generates no more than two cubic yards of refuse per week.
Construction debris means waste building materials resulting from construction, remodeling, repair, or demolition operations.
Container means a receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of the container shall have a diameter greater than or equal to that of the base. The weight of the container and its contents shall not exceed 50 pounds.
Contract documents means the request for proposals, instruction to contractors, contractor's proposal, general specifications, the contract performance bond, and any addenda or changes to the foregoing document agreed to by the city and contractor, and contract signed by contractor and city.
Contractor means such private firm designated by the city for the collection, transportation, and/or disposal of the solid waste and recyclable materials collection and processing.
Customer means an occupant of a residential, commercial hand collect, commercial or industrial unit who generates refuse.
Dead animals means animals or portions thereof equal to or greater than ten pounds in weight than have expired from any cause except those slaughtered or killed for human use.
Disposal site. See landfill (sanitary).
Garbage means any and all dead animals of less than ten pounds in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter that results from the preparation, processing, consumption, dealing in, handling, packaging, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of bulky waste, construction debris, dead animals, hazardous waste, rubbish or stable matter.
Hazardous waste means solid wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Section 1002, et seq., or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C.A. Section 2601 et seq., regulations promulgated thereunder or applicable state law concerning the regulation of hazardous or toxic wastes.
Landfill (sanitary) means a Texas Type I landfill, or any other alternate, duly permitted sanitary landfill as selected and approved for use by the city.
Polycart means a rubber-wheeled receptacle with a maximum capacity of 90 to 96 gallons constructed of plastic, designed for automated or semi-automated solid waste collection systems, and having a tight fitting lid capable of preventing entrance into the container by small animals. The weights of a polycart and its contents shall not exceed 150 pounds. Polycarts shall be provided to each commercial hand collect unit with ownership retained by contractor.
Premises means all public and private establishments, including individual residences, all multi-family dwellings, residential care facilities, hospitals, schools, businesses, other buildings, and all vacant lots.
Refuse means residential refuse and bulky waste, construction debris and stable matter generated at a residential unit, unless the context otherwise requires, and commercial and industrial refuse.
Residential garbage means all garbage and rubbish generated by a customer at a residential unit.
Residential unit means a dwelling within the corporate limits of the city occupied by a person or group of persons comprising not more than four families. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four units, shall be treated as a residential unit, except that each single-family dwelling within any such residential unit shall be billed separately as a residential unit.
Rubbish means nonputrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials; combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, used or scrap tires, and similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and the like materials which will not burn at ordinary incinerator temperatures (1600 degrees Fahrenheit to 1800 degrees Fahrenheit).
Senior citizens household means a residence where all occupants are 65 years of age or older and are incapable of transporting their refuse to curbside as a result of their age. (Written request must be approved and on file.)
Solid waste means all nonhazardous (as defined by CERCLA and other applicable laws) and nonspecial (See special waste definition) solid waste material including unwanted or discarded waste material in a solid or semi-solid waste, including but not limited to, garbage, ashes, refuse, rubbish, yard waste (including brush, tree trimmings and Christmas trees), discarded appliances, home furniture and furnishings, provided that such material must be of the type and consistency to be lawfully accepted at the sanitary landfill under the applicable federal, state and local laws, regulations and permits governing each.
Special waste means waste, from a nonresidential source, meeting any of the following descriptions:
(a)
A containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.),;
(b)
A waste transported in bulk tanker;
(c)
A liquid waste;
(d)
A sludge waste;
(e)
A waste from an industrial process;
(f)
A waste from a pollution control process;
(g)
Residue and debris from the cleanup of a spill or release of chemical.
Stable matter means all manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock.
Unusual accumulation means for residential units, each regular collection more than 15 containers or the equivalent; more than two bulky objects.
Yard waste means grass clippings, yard cleanings, leaves, tree trimmings and branches.
(4)
City manager authorized to promulgate rules and regulations. The city manager or his designated representative is authorized to make such rules and regulations as are not inconsistent with this section.
(b)
Residential solid waste service.
(1)
Residential units required to have service.
a.
Any owner, occupant, tenant, or lessee of any residential unit in the city shall have garbage, trash, and rubbish removed at least one time per week unless otherwise directed by the city.
b.
Any residential unit having water service shall pay charges for such service included on the monthly utility bill. Failure to pay by date listed on utility bill will result in penalty in the amount of ten percent.
(2)
Frequency of collection.
a.
Collection will occur at each residential unit two times each week.
(3)
Containers—Preparation and placement for collection.
a.
Every residential unit shall use approved containers sufficient in number to hold the garbage or trash normally accumulated on the premises. Only bags, bundles or containers as defined in this section will be permitted.
b.
Containers shall be placed at a location on the premises, which is readily accessible by the contractor and approved by the city.
c.
Containers, bags or bundles may be placed in other locations designated by the city if no member of the household is physically able to place such items at the curbline. Such exceptions shall be at the discretion of the city. Request for this service must be in writing, approved and on file.
(c)
Commercial solid waste service.
(1)
Application of section. The provisions of this section shall apply to all commercial businesses, industries, churches, schools, colleges, hospitals, hotels, motels, etc., within the city limits of the city. Every owner, occupant, tenant or lessee of any business, commercial or institutional property, or other property not entitled to receive residential garbage collection services shall arrange with the city or the city's contractor, for commercial garbage collection and disposal services, except as otherwise specified in this section.
(2)
Commercial hand collect units. This category is a retail or light commercial type of business, which generates no more than two cubic yards of refuse per week. Each commercial hand collect unit will be provided with one or two 96-gallon high density, polyethylene polycarts. These carts shall be equipped with wheels, molded handles and tight fitting hinged lids. All polycarts will remain the property of the contractor and it is the responsibility of each business to guard against theft, negligence or abuse. This service will be billed by the city on the monthly utility bill. Failure to pay by the date listed on the utility bill will result in a penalty in the amount of ten percent.
(3)
Commercial and industrial units.
a.
Every premises, location, or entity, public or private, which requires refuse collection within the corporate limits of the city, not a residential or commercial hand collect unit, shall arrange by contract with the city's contractor for adequate commercial garbage collection and disposal services. The charge for collection and removal of garbage, trash, and rubbish from premises used for business or institutional purposes shall be based upon the size, type and number of containers in use at such establishments and the frequency with which containers are scheduled to be serviced by the contractor. Billing for this service will be done through a contractual agreement between the business and the contractor. Such charges shall be in an amount established and as from time to time amended by ordinance as adopted by the city council; the ordinance and amendments thereto shall be kept on file with the city secretary.
b.
All commercial and industrial units shall meet the following minimum criteria for receptacle locations:
1.
A concrete pad 14 by 20 feet, six-inch concrete thickness, 3,000 pounds per square inch compressive strength, with number 3 rebar, 24 inches on center shall be provided for each container unit.
2.
Containers shall be screened by a minimum of a six-foot fence of wood or masonry material.
3.
All containers oriented perpendicular to the principal means of access to such receptacle shall be located in such a manner to provide a minimum turning radius of 52 feet for the collection vehicle.
4.
Any container not perpendicular to the principal means of access to said receptacle shall be oriented at a 30-degree angle from the means of access.
5.
Alternative design standards to the above specifications must be approved by the city.
6.
Roll-off receptacles shall meet the same requirements as above except the length of the pad will vary with the size of the container.
c.
Any commercial or roll-off receptacle location not in conformance with the provisions of this section and lawfully in existence on the date of passage of this provision shall be made to conform to the requirements of this section upon the granting of a building permit to repair, remodel, enlarge, alter, renovate and/or demolish or replace main building, structure, or commercial roll-off receptacle location or pad when, in the opinion of the city, the commercial or roll-off receptacle locations are in a state of disrepair and constitute a hazard.
(Code 1968, § 12-1—12-3, 12-6, 12-7(a), 12-8, 12-10, 12-14; Ord. No. 1348, 2-14-84; Ord. No. 1401, 2-5-85; Ord. No. 1421, 8-6-85; Ord. No. 1427, 12-17-85; Ord. No. 1877, Art. III, 8-5-97; Ord. No. 2066, 8-21-01)