15-F-17 - Provisions regarding the collection and disposition of solid waste and recyclableORDINANCE NO. 15 -F -17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, REPEALING AN ORDINANCE OF THE CODE OF
ORDINANCES OF THE CITY OF SCHERTZ AND ADOPTING A NEW
ORDINANCE WITH UPDATED PROVISIONS REGARDING THE
COLLECTION AND DISPOSITION OF SOLID WASTE AND
RECYCLABLE MATERIAL IN THE CITY; PROVIDING FOR THE
REPEAL OF CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Schertz, Texas (the "City ") is a Home Rule City possessing the
full power of local self - government pursuant to Article 11, Section 5 of the
Texas Constitution, Section 51.072 of the Texas Local Government Code,
and the City's Home Rule Charter; and
WHEREAS, the City Council of the City of Schertz, Texas ( "City Council ") possesses,
pursuant to the Texas Local Government Code, the authority to regulate
the collection and disposal of solid waste and recyclable material in the
City; and
WHEREAS, the City Council finds that the adoption of updated provisions regarding
the collection and disposition of solid waste and recyclable material in the
City is in the best interest of the health, safety and welfare of the citizens
of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, THAT:
Section 1. All of the above premises are found to be true and correct legislative
determinations and are hereby incorporated into the body of this
Ordinance as if copied in their entirety.
Section 2. The Code of Ordinances of the City of Schertz, Chapter 34, Article III is
hereby amended by deleting said chapter in its entirety and replacing it
with new Chapter 34, Article III, which shall read as follows:
ARTICLE III. SOLID WASTE
Sec. 34 -47. Solid Waste Program established.
The City's solid waste collection, transportation and disposal program is
hereby established for all residents and businesses of the City.
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Sec. 34 -48. Purpose of chapter; duties of property owners and occupants.
The accumulation of garbage, recyclable material, rubbish, brush and
other refuse constitutes a public nuisance, a health hazard, a fire hazard and a
safety hazard. Therefore, it shall be required that owners and tenants of private
residences, private commercial buildings and businesses, and the occupants of
all private noncommercial buildings which accumulate refuse, 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 waste materials and
nuisance materials. Such owners, renters and occupants shall not allow
materials intended for recycling to create a nuisance on the premises of buildings
and properties. All waste materials shall be disposed of in a place and by
methods deemed appropriate by the City. The purpose of this chapter is to
provide for a method of collecting and disposing of garbage, recyclable material,
rubbish, brush, and other refuse, and to maintain neighborhood quality and
aesthetics and maintenance of property values by providing for the general
health and welfare.
Sec. 34 -49. Residential and Commercial occupants must use services of
franchisee
It is hereby prohibited for any individual to utilize the services of any
individual or corporation for purposes of residential solid waste collection other
than the City's designated solid waste franchisee. Every residential occupant
shall subscribe to the services of the franchisee having the exclusive franchise
for collection and disposal service with the City. It is declared to be unlawful for
the occupant of any of the premises described in this section to fail or neglect to
provide for the removal of solid waste as required under this Article.
Sec. 34 -50. Defined Terms.
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:
100 -year flood means a flood that has a 1.0 percent or greater chance of
recurring in any given year or a flood of a magnitude equaled or exceeded once
in 100 years on the average over a significantly long period.
Bags means plastic sacks designed to store garbage, recyclable material,
rubbish, brush, or other refuse with sufficient wall strength to maintain physical
integrity when lifted by the top. The total weight of a bag and its contents shall
not exceed thirty -five (35) pounds.
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Brush means plants or grass clippings, leaves or tree trimmings, includir. ire
bags and/or bundles of landscape waste. I
Bulky waste means stoves, refrigerators with a freon evacuation
certificate, water tanks, washing machines, furniture, carpet, fencing materials,
more than ten bags of landscape waste or bundles of brush and other items of a
similar nature that can be loaded by two employees in five (5) minutes or less,
except construction debris, dead animals, hazardous waste or stable matter with
weights or volumes greater than those allowed for trash collection containers.
Bundle means tree, shrub and brush trimmings or newspapers and
magazines securely tied together forming an easily handled package not
exceeding four feet (4) in length or fifty pounds (50 lbs.) in weight.
Commercial means any structure other than single-family and duplex
residential development including hotels, motels, residential structures containing
three or more dwellings, and residential care facilities.
Commercial garbage means all normal establishment waste products of
commercial buildings or establishments, including multifamily dwellings, other
than single-family and duplex residential development, other than sewage and
body waste, manure, dead animals over ten pounds in weight, special and
hazardous waste, large tree trimmings, demolition or remodeling debris, or any
other waste material that cannot be broken down to fit into commercial garbage
containers herein specified.
Commercial garbage compactor means all steel or metallic containers
provided by the City or its contractor. Designed to hold compacted commercial
garbage shall specifically include 20, 30 and 40 yard compactors. -
Commercial garbage container means all steel or metallic containers,
provided by the City or its contractor, designed to hold commercial garbage, and
shall specifically include all roll-off containers, roll-off compaction containers, and
all such containers with a volume of between three (3) cubic yards and ten (10)
cubic yards.
Commercial recycling container means all steel or metallic containers,
provided by the City or its contractor, designed to hold recyclable material, and
shall specifically include such containers with a volume of between six (6) cubic
yards and eight (8) cubic yards.
Commercial recycle material compactors means a roll off with or without a
compactor designed to hold loose or compacted recycle. Material constructed of
steel or metallic material provided by the City or the contractor.
Container lease charge means a monthly charge that shall be assessed
for the use of trash collection containers that are provided by the sanitation
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contractor. Said charge shall apply to 20- cubic -yard, 30- cubic -yard, and 40-
cubic -yard open -top containers.
Dead animals means animals or portions thereof equal to or greater than
ten pounds in weight that have expired from any cause, except those slaughtered
or killed for human use.
Designated contractor means such private firm designated by the City for
the collection, transportation, and /or disposal of solid waste, and the collection,
transportation and /or processing of recyclable materials.
Extra accumulations means quantities of waste that are containerized or
bundled that cannot be fitted into the 95- gallon residential garbage receptacle,
not exceeding ten bundles of brush or normal bags of waste (for amounts in
excess described herein refer to unusual accumulations).
Garbage. See "Commercial garbage" or "Residential garbage."
Generator means any person whose acts or processes produces or
causes solid waste and /or recyclable materials.
Hauler means a person, other than the designated contractor, who has
obtained and maintains a valid permit to collect and divert recyclable materials.
Hazardous waste means any solid waste identified or listed as a
hazardous waste by the administrator of the U.S. Environmental Protection
Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as
amended.
Landfill means facility operated by and approved by TCQ.
Municipal Solid Waste or MSW means garbage, trash, refuse, brush, yard
waste, and other waste generated in residences and commercial establishments
as well as debris resulting from traffic accidents in the City (excluding wrecked or
disabled vehicles which are removable by a wrecker service).
Nonresident means persons residing other than within the corporate city
limits.
Nuisance means solid waste that is stored, processed or disposed of in
an unsightly manner that causes the pollution of surrounding land, the
contamination of groundwater or surface water, the breeding of insects or
rodents, or the creation of odors adverse to human health, safety or welfare.
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Permitted recycle contractor means a company or corporation to transport
loose or compacted recycle material for a manufacture or holding company for
recyclable material and shall be in compliance with Article III Sec. 34 -61 of the
code of ordinances.
Person means any person, firm, corporation, business trust, partnership,
association, organization or municipal entity, incorporated or unincorporated,
other than the City.
Premises means all public and private establishments, including
individual residences, all multifamily dwellings, residential care facilities,
hospitals, schools, businesses, other buildings and all vacant lots.
Provider means Entity providing solid waste collection and disposal
services.
Recyclable material means any material, substance or byproduct that has
been recovered or diverted from the non - hazardous waste stream for purposes
of reuse, recycling or reclamation, and is any material or product designated in
writing by the city's Director of Public Works or his or her designee as being
suitable for reuse, recycling or reclamation.
Recycle means to collect, buy, sell, and store and /or produce any
material, substance or product from waste material or byproducts and to keep
such from being included in the waste stream intended for disposal.
Refuse means all solid waste except hazardous wastes.
Residential garbage means all normal waste products of single - family and
duplex residential development, other than sewage and body waste, manure,
dead animals over ten pounds in weight, special and hazardous waste, large tree
trimmings, demolition or remodeling debris, or any other waste material that
cannot be broken down to fit into residential garbage receptacles herein
specified.
Residential garbage receptacle means a plastic or metal receptacle,
designed for automated or semi - automated solid waste collection systems, and
having a tight fitting lid capable of preventing littering and the entrance into the
container by small animals. The weight of the receptacle and its contents shall
not exceed seventy five pounds (75 lbs.) and shall be designed for ease of
movement and use. One receptacle shall be provided in designated areas unless
customer wants to pay for each additional container, with ownership of the
receptacle retained by the contractor.
Residential recycling receptacle means a plastic receptacle provided by
the city or its contractor, designed for automated or semi - automated recyclable
material collection systems, and having a tight fitting lid capable of preventing
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littering and the entrance into the container by small animals. The weight of the
receptacle and its contents shall not exceed seventy five pounds (75 lbs.) and
shall be designed for ease of movement and use. A receptacle shall be provided
in designated areas, with ownership of the receptacle retained by the contractor.
Residents means persons residing within the corporate limits of the City.
Rubbish means any nonputrescible solid waste, including aluminum cans,
paper, boxes, glass, yard trimmings, leaves, feathers and any other matter
commonly understood to be rubbish.
Solid waste means 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 • dissolved material in domestic sewage, • solid • dissolved
material in irrigation return flows, or industrial discharges subject to
regulation • permit issued under Vernon Texas Statues and Codes,
Water Code, Ch. 26, as, amended;
(2) soil, dirt, rock, sand or 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 substance or material regulated by the Railroad
Commission of Texas under Vernon Texas Statues and Codes, Natural
Resources Code, § 91.101, as amended, unless the waste, substance or
material results from activities associated with gasoline plants, natural gas
liquids processing plants, pressure maintenance plants or re-pressurizing
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 U.S.C. § 6901 et seq.).
(4) Recyclable material; however, recyclable material may become
solid waste at such time, if any, as it is abandoned or disposed of as other
solid waste, rather than recycled, whereupon it will be solid waste with
respect only to the party actually abandoning or disposing of the material.
Special waste means solid waste or a combination of wastes that,
because of its quantity, concentration, physical or chemical characteristics or
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biological properties, requires special handling and disposal to protect the human
health or the environment. If improperly handled, transported, stored, processed
or disposed of or otherwise managed, it may pose a present or potential danger
• human health or the environment. Special waste includes, but is not limited to:
(1) hazardous waste from conditionally exempt small-quantity
generators that may be exempt from full controls under 30 Tex. Admin.
Code §§ 335.401--335.419, as amended, relating to household materials
which could be classified as hazardous waste;
(2) class I industrial nonhazardous waste not routinely collected with
municipal solid waste;
(3) special waste from health-care-related facilities (refers to certain
items of medical waste);
(4) municipal wastewater treatment plant sludge's, other types of
domestic sewage treatment plant sludge's, and water-supply treatment
plant sludge's;
(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 C.F.R. Ch. 261, Appendix VIII, as amended, but has not
been listed as a commercial chemical product in 40 C.F.R. § 261.33(e) or
(f), as amended;
(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;
(12) discarded materials containing asbestos;
(13) incinerator ash;
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(15) used oil;
(16) light ballasts and/or small capacitors containing polychlorinate4
biphenyl (PCB) compounds;
(17) waste from oil, gas, and geothermal activities subject to regulation
by the state railroad commission when those wastes are to be processed,
treated, or disposed of at a solid waste management facility permitted
under this chapter;
(18) 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 definition;
(19) any waste stream other than household or commercial garbage,
refuse or rubbish;
(20) lead acid storage batteries; and
(21) used-oil filters from internal combustion engines.
Unusual accumulations means:
(1) for residences, each regular collection that cannot fit into a
residential garbage receptacle,
(2) for commercial establishments, accumulations that would not occur
in the ordinary course of business;
(3) bulky waste;
(4) materials judged by the Director of Public Works or his duly
appointed representative to be hazardous, such as oil, acid or caustic
materials; and
(5) existing conditions favorable to the harboring and/or breeding of
any agent, such as an insect, reptile, rodent or other agents capable of
transferring a pathogen from one organism to another.
Deposits and fees as specified in Appendix A of the Code of Ordinances
which may be amended from time to time shall be required of all customers
requesting the collection and disposal of refuse by the City's designated
contractor as specified in Section 34-58, All utility customers shall receive solid
waste and recyclable material collection service. The charges for collection
service shall be included on the monthly utility bill of the customer. For partial
months, such charges shall be prorated for each and every day of the month
during which such service is available and provided to the residential customers.
An increase in monthly fees may be made upon approval of the city council. A
penalty for overdue payment of the monthly utility bill may be charged.
Sec34-52. Garbage, recyclable material, rubbish, brush and refuse
nuisances.
The storing or keeping of garbage, rubbish, brush, refuse and/or
recyclable material that is unsightly or a health, fire or safety hazard or a harbor
for reptiles, rodents, insects, or other animals is prohibited and shall constitute a
public nuisance. Removal of all such materials is the owner's responsibility and
shall be done at the owner's expense.
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Dumping of any garbage, solid waste, recyclable material, rubbish, brush
and/or other refuse in any place and in any manner other than that designated in
this chapter is prohibited.
Sec. 34-54. Collection containers and receptacles for garbage, trash, brush
and recyclable material.
(a) Every owner, tenant, occupant or lessee using or occupying any building,
house, or structure within the corporate city limits of the City of Schertz for
residential, church, school, commercial, business or other purpose shall use a
collection container that is only in designated areas or receptacle authorized by
this article provided by the city, its designated contractor as specified in Section
86-32, or a hauler. All garbage and trash mixed with water or other liquids shall
be drained before being placed in the collection container or receptacle.
(b) Every owner, tenant, occupant or lessee using or occupying any building,
house or structure within the corporate City limits of the City of Schertz for
residential, church, school, commercial, business or other purpose shall notify
the city of any loss, theft or damage to the collection container or receptacle and
shall be responsible for replacement costs unless the damage is a result of
collection by contractor.
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(c) It shall be the duty of every residential customer to keep the residential
garbage and recycling receptacle in a clean and sanitary condition.
(d) Except when placed for collection, residential garbage and recycling
receptacles shall be stored behind the front building line if collection occurs from
a public street, or stored adjacent to the main structure if collection occurs from
an alley. Commercial collection containers or receptacles shall be kept in a
screened area, unless such requirement is waived by the Director of Public
Works or his duly appointed representative.
(e) Brush that cannot fit into the residential garbage receptacle shall be tied in
bundles not to exceed four feet (4') in length with no limbs exceeding six inches
in diameter. Bundles of brush shall be comparable in size and weight with bags
of garbage, not to exceed fifty pounds (50 lbs.) each.
(f) The City Manager or his designated representative shall cause regular
inspections to be made to ensure compliance with the terms of this section, and if
any unsanitary collection container or receptacle is found, a notice shall be
placed upon such collection container or receptacle informing the owner to clean
the same within five (5) days. Failure to comply with such notice shall constitute a
violation of this section.
(a) There shall be collection twice weekly and once in designated areas for
regular garbage, recyclable material, rubbish, and brush and landscape waste
other than bulky waste.
(b) It shall be the duty of the owner, occupant, tenant or lessee of a
residence, commercial establishment or other building to place the garbage or
recyclable material in proper receptacles at the curb line or at the alley most
accessible to the collection crew vehicle as determined by the contractor and the
Director of Public Works or his duly appointed representative.
(c) Garbage and recyclable material shall not be placed at the point of
collection before 6:00 p.m. prior to the designated day of collection and any
garbage receptacles or recycling receptacles shall be removed within 24 hours
from the point of collection and stored in accordance with section 86-26,
subsection (e).
(d) Unusual accumulations, brush or bulky wastes shall not be placed for
regular garbage pickup. Removal of unusual accumulations, brush or bulky
wastes may be requested for a special collection, and there shall be an additional
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fee for such service as determined from time to time by City Council per pick -up
truckload for more than twelve (12) pick ups per calendar year. The City shall be
the authority to determine what constitutes unusual accumulations if there is a
difference of opinion between a customer and the contractor.
(e) Materials intended for recycling shall not be placed for collection with
waste materials. Recycling collection activities are to be separate from garbage
collection activities.
(f) It shall be the duty of the owner, occupant, tenant or lessee of any
premises to report the failure to collect properly prepared property garbage and
recyclable material for a consecutive period of two (2) weeks to the City where
the holder of a franchise granted by the City is responsible for such collection;
and if the owner, occupant, tenant or lessee elects to regularly remove garbage
and recyclable material from his premises, it shall be unlawful for such owner,
occupant, tenant or lessee to remove such accumulation less often than required
under this section.
(g) All putrescible waste must be placed in the residential garbage
receptacles.
(h) From the time of placement of solid waste and of recyclable material at the
point of collection by the owner, occupant, tenant or lessee of a residence for
collection in accordance herewith, such solid waste and recyclable material shall
be delivered by the designated contractor, as specified in Section 34 -60, to the
appropriate facility for disposition designated by the City pursuant to contract with
the City.
Sec. 34 -56. Residential collection fees.
(a) For the collection and removal of solid waste and brush in a residential
garbage receptacle and collection of recyclables in a residential recycling
receptacle once a week or twice in designated areas, a monthly charge shall be
as determined from time to time by the City Council.
(b) For each additional residential garbage receptacle, or residential recycling
receptacle, the monthly charge shall be as determined from time to time by the
City Council.
(c) For the collection of unusual accumulations, there shall be a fee as
determined from time to time by the City Council.
(d) For other solid waste collection or disposal services not listed, the City and
contractor shall work together to determine a reasonable fee, pending Council
approval of the fee within sixty (60) days.
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Sec. 34 -57. Commercial collection regulations.
(a) Collection containers commonly used by commercial garbage and
recycling collectors, including residential garbage and recycling receptacles (for
commercial use), shall be placed at a location on the premises mutually
agreeable to the customer, the city, its designated contractor as specified in
Section 34 -60, and hauler, as applicable. The Director of Public Works or his
duly appointed representative may authorize the use by a commercial customer
of residential garbage or recycling receptacles on a case by case basis after the
commercial customer makes request for use of such residential receptacles. The
collection and removal of garbage, recyclable material, rubbish and brush from
buildings and premises used for commercial and institutional purposes shall not
be made less than one (1) time per week and as often as necessary in order to
maintain such premises free of accumulations of garbage, trash and brush.
Materials for recycling shall not be placed for collection with waste materials.
Recycling collection activities shall be separate from garbage collection activities.
A commercial business shall be responsible for the collection and lawful disposal
of hazardous waste generated by that commercial business.
(b) From the time of placement of solid waste and of recyclable material at the
point of collection by the commercial business for collection in accordance
herewith, such solid waste and recyclable material shall be delivered by the
designated contractor, as specified in Section 86 -32, to the appropriate facility for
disposition designated by the City pursuant to contract with the City.
Sec. 34 -58. Commercial collection fees.
The service charge for commercial collections shall be based on the
frequency of collection necessary and the amount regularly collected.
(1) Minimum service level. The minimum service level is one (1) 96 Gallon
garbage collection container and one (1) recyclable material collection container
picked up one (1) time a week for a fee as determined from time to time by the
City Council unless area has been grandfathered for twice a week pickup.
Additional collection containers can be requested for an additional fee as
determined from time to time by the City Council. The property owner is
responsible for replacement of the collection containers in the case of theft, loss,
or damage. There shall be a fee as determined from time to time by the City
Council charged for collections of unusual accumulations.
(2) Other solid waste collection and disposal services. For other solid waste
collection or disposal services not listed, the City and contractor shall work
together to determine a reasonable fee, pending City Council approval of the fee
within sixty (60) days.
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(3) Service charges for private haulers of recyclable materials shall be by
customer agreement.
Sec. 34-59. Collection and disposal • commercial garbage and recyclable
material in central business district.
(b) Fee charges for private haulers of recyclable materials shall be by
customer agreement.
(c) No annual private haul vehicle will apply using the authorized solid waste
& recycle franchise hauler.
RVM M11-111 Keel I
(a) The City shall designate a contractor to regularly collect and remove all
garbage, recyclable material, rubbish, brush and solid waste, excluding
hazardous waste, from all premises within the corporate City limits. This agent
shall operate by contract with the City. The City Manager shall take action to see
that the terms of the contract are fulfilled. In the event of any conflict between the
terms of the contract and the City's ordinances on the collection of solid waste,
the ordinances shall control. The designated collection contractor shall not be
responsible for the collection of hazardous waste except during special events.
(b) In the event that the designated collection contractor lacks adequate
and/or appropriate resources to collect and remove solid waste from public
improvement projects, the Director of Public Works may authorize solid waste
removal by another contractor.
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(c) It shall be unlawful for any person to engage in the business of collecting
solid waste within the City except as may be specifically authorized in
accordance with this article.
Sec. 34 -62. Permit for private haulers of recyclable materials.
(a) Permit Required. It shall be unlawful for any person, company, or
corporation to engage in the business of collection of commercial recyclable
materials without obtaining a permit from the Director of Public Works or his duly
appointed representative. A separate permit shall be required for each generator
from which the hauler intends to collect recyclable materials.
(b) Letter of certification. A hauler shall only receive a permit for recyclable
material if the hauler includes a letter of certification with the permit application.
The letter of certification shall be from the recyclable material generator and shall
certify to the City the name and address of the generator, the name and address
of the desired hauler, the constituents to be recycled, a brief contingency plan
ensuring that waste materials will be separated from the recyclables prior to
hauling, arrangements for solid waste management, and the final destination of
the recyclable materials. This information shall be amended as necessary.
(c) Application for commercial recycle compactor hauler Permit per haul
vehicle. An applicant for a permit as a private hauler of recyclable materials must
provide the following:
(1) the business name;
(2) the driver's name and driver's license numbers;
(3) business address;
(4) home address;
(5) business phone number;
(6) home phone number;
(7) list of vehicles used for waste removal, including:
a. make;
b. model; and
C. license number;
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(8) proof of current bond of ten thousand and no /100 dollars
($10,000.00) on a form provided or approved by the City,
(9) the name of the final destination for recyclable materials and proof
that such destination has demonstrated its ability to be an approved
processor capable of diverting recyclable materials in accordance with all
applicable laws and regulations;
(10) proof of liability insurance; and
(11) a permit fee and a fee for each additional permit requested as
specified in Appendix A of the Code of Ordinances, which may be
amended from time to time. This fee shall not be prorated for a partial
year.
All information required in this subsection (c) shall be amended and updated,
within thirty (30) days of a change or when any of the current information in the
possession of the City becomes outdated.
(d) Renewal of Permit. ($2500.00 Annually) Each permit shall be renewed
annually and the information listed in subsection (c) of this section shall again be
provided, along with a copy of the bond renewal, liability insurance, name of
recyclable materials processor and a renewal fee as specified in Appendix A of
the Code of Ordinances, which may be amended from time to time.
(e) Term of Permit. The term of the permit shall be from January 1 to
December 31 of each year. An expired permit is not valid for continued operation
under this chapter.
(f) Vehicle Permit Required. Any vehicle used by a hauler for the purpose of
removing and transporting recyclable materials must have, prominently
displayed, a permit supplied by the City.
(g) Collection and Diversion of Recyclable Materials. Haulers shall only divert
recyclable materials in accordance with the requirements of this article and State
law. Haulers shall submit evidence of such compliance with this article for each
month demonstrating, at a minimum: (1) the amount of recyclable materials
collected; (2) dates of collection; and (3) receipts for disposal. The City has the
right to inspect and audit the records of any hauler in order to ensure compliance
with this section. Diversion of construction and demolition debris as recyclable
material shall only be accomplished after separation of recyclable material from
solid waste at the construction or project site. Commingling construction and
demolition solid waste with construction and demolition recyclable material is
prohibited. The failure of a hauler to separate at the source any recyclable
material from solid waste, which results in the hauler transporting solid waste as
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an unauthorized solid waste contractor, may result in the revocation of the
hauler's permit.
(h) Revocation of Permit. The permit of a hauler may be revoked by the
Director of Public Works for the following reasons:
(1) failing to keep a current bond filed in the Public Works Department;
(2) being observed by the Director of Public Works or his duly
appointed representative placing recyclable materials or any other solid
waste in any location other than as authorized by State law;
(3) being observed by the Director of Public Works or his duly
appointed representative improperly securing a load while in transit to or
from any location that requires transport on City streets;
(4) failure to display a permit on any truck used for recyclable
materials;
(5) being observed by the Director of Public Works or his duly
appointed representative commingling solid waste with recyclable material
and thereby transporting solid waste as an unauthorized solid waste
contractor; or
(6) when a recyclable material generator terminates the letter of
certification referenced in section 34- 62(b).
If the Director of Public Works revokes the permit of a hauler, the hauler must
surrender all permits that have been issued to him by the Public Works Division.
Operating under a revoked or expired permit is a violation of this section.
(i) Restoration of Revoked Permit. A hauler may appeal the revocation of his
permit to the City Manager or his duly appointed representative in writing within
five (5) days of the date of revocation; the City Manager or his duly appointed
representative shall have the authority to reverse or uphold the revocation or
establish terms by which the permit may be restored. The decision of the City
Manager or his duly appointed representative shall be final. If a permit has been
revoked due to illegal dumping by a hauler, the permit may only be restored with
the payment of a restoration fee. If a permit revocation is upheld by the City
Manager or his duly appointed representative, the private hauler of recyclable
materials may only obtain a new permit, as follows:
(1) after the first revocation: the applicant for a permit must make
payment of a restoration fee as determined from time -to -time by the city
council; and
16
(2) after the second or subsequent upheld revocation, a hauler may not
obtain a new permit under this article for twelve (12) calendar months from
the date of revocation.
Q) Transferability. The permit is not transferable. A permit shall be required
for each hauler desiring to provide service on a case -by -case basis.
Sec. 34 -63. Transport of refuse.
(a) Refuse collected by persons other than the agent designated by the City
shall be transported in vehicles which are covered by a metal top, screening or
canvas or in such other manner so as to prevent the escape of any particle of
refuse. Refuse escaping from such a truck shall be deemed as litter, and the
driver shall be responsible for littering.
(b) Haulers from any locale other than the City using the streets of the City
shall be required to use similarly suitable vehicles and to be responsible for the
containment of the contents, as provided in subsection (a), above.
Sec. 34 -64. Prohibited acts.
(a) Pilfering, scattering contents or meddling with garbage, recyclables,
rubbish, brush or collection containers or receptacles by any person other than
the owner, occupant or authorized agent is prohibited.
(b) It shall be unlawful for any person to deposit any burning match, charcoal,
ember or other burning material in any collection container or receptacle used for
the disposal of garbage, recyclable material, rubbish, or brush.
(c) It shall be unlawful for any person to deposit any materials not included in
the definitions of garbage, recyclable material, rubbish and brush in any
collection container or receptacle used for the disposal of garbage, recyclable
material, rubbish or brush.
(d) It shall be unlawful for any unauthorized person, other than the
commercial customer or its employees or agents, to deposit any materials in a
commercial collection container or receptacle.
(e) It shall be unlawful to deposit solid waste generated from within the
corporate City limits in any place other than a landfill designated in this chapter
unless authorized by the executive Director of Public Works or his duly appointed
representative.
(f) It shall be unlawful to store or place in a screening enclosure that is
provided for garbage and /or recycling containers and /or receptacles any debris,
17
solid waste or any other item for storage that is not a solid waste and/or a
recycling container and/or receptacle.
(g) It shall be unlawful to bring in waste for disposal from outside of City of
Schertz City limits.
;T-M4MMMMEM0Z3=MMM33M=
(a) Individual residents may remove recyclable material from their own
residences- provided that the recyclable materials are secured as provided in
section 34-6(a).
(b) It shall be unlawful for any person, including, without limitation, a resident
or commercial business customer, to cause a diversion of recyclable materials at
any location in violation of State law.
(c) No person, including, without limitation, a resident or commercial business
customer, may contract for the diversion of recyclable materials with a person
who is not a permitted hauler in compliance with section 34-60.
It shall be the duty of any person employing a contractor, tree-trimmer, or
other person to trim or prune trees or shrubs to have said trimmings removed
from the premises at his own expense.
I - I I • 1 0 0 . #I - - -
The provisions of this article are adopted under V.T.C.A., Health and
Safety Code ch. 361.
(a) The regulations promulgated in this article cover all aspects of municipal
solid waste management under the authority of the State and are based primarily
on the stated purpose of Vernon Texas Statue and Codes, Health and Safety
Code ch. 361, as amended, hereafter referred to as the Texas Solid Waste
Disposal Act. The owner or operator of a municipal solid waste landfill (MSWLF)
facility shall comply with any other applicable federal rules, laws, regulations or
other requirements.
(b) All permits, including any special provisions therein, issued by the
applicable State Department shall remain in force after the effective date of the
ordinance from which this article is derived. To the extent that a standard has
been changed by this article, the permittee may continue to operate under
standards contained in previously issued permits, except for those requirements
it.,
mandated by EPA 40 C.F.R. §§ 257 and 258, as amended, which implement
certain requirements of subtitle D of the Resource Conservation and Recovery
Act (RCRA). For those Federally mandated requirements, the permittee is under
an obligation to apply for a change to his permit in accordance with Federal and
State law, as applicable, to incorporate the required standard. Timely submission
of a request for a permit change qualifies the owners or operators of existing
MSWLF units for interim status. MSWLF facility owners or operators with interim
status are treated as having been issued a permit modification or amendment
until the Executive Director makes a final determination on the permit
modification request or the commission makes a final determination on the permit
amendment request. Facility owners or operators with interim status must comply
with the requirements of this article upon the effective date of this article.
(c) A permit or license shall be required for each municipal solid waste
(MSW) unit, as required by applicable law, and the City Manager, at his
discretion, may include one or more different types of units in a single permit if
the units are located at the same facility.
(d) The following are some of the rules with which the City's Public Wor
Director should have a working knowledge: I
(1) 30 Tex. Admin. Code ch. 281. This chapter describes how a permit
application, amendment or modification is processed and approved;
(2) 30 Tex. Admin. Code ch. 305. The chapter details the preparation
and form of permits, applications, amendments and modifications;
(3) 30 Tex. Admin. Code ch. 330. This chapter outlines municipal solid
waste management rules. This is the principle rule municipal solid waste
managers utilize; and
(4) 30 Tex. Admin. Code ch. 335. This chapter outlines rules covering
management of hazardous waste, both industrial and municipal. It also outlines
how industrial solid waste is handled and when it can be deposited in municipal
solid waste landfills.
(e) Regional and local plans. Every region in the State is completing a
regional plan. The regions are defined by the existing regional Councils of
Government established by the State Legislature. These regional plans outline
important data in analyzing the solid waste needs or to help with problem solving.
The regional or local plan should be consulted for guidance or consistency in
solving a problem or deciding on a course of action. In either case, the solid
waste manager should be consistent with the plan, or seek amendment to the
plan, before proceeding to implement a solution.
On-1 9�- Z
im
The provisions of this article shall be enforced by the Director of Public
Works or his duly appointed representative, and it shall be unlawful for any
person to interfere with or hinder the Director of Public Works or his duly
appointed representative in the exercise of his duties under this article.
Notwithstanding any provisions contained herein to the contrary, the Director of
Public Works or his duly appointed representative are hereby granted the
authority to issue immediate citations to persons violating any provision of this
article.
Sec. 34 -69. Offense.
(a) Any person violating or failing to comply with any provision or requirement
of this article, who continues to violate or fails to comply with same, shall also be
deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in
an amount not to exceed $2,000.00, such offenses listed herein being violations
of the health and safety ordinance of the City. A separate offense shall be
deemed committed upon each day during or on which a violation or failure to
comply occurs or continues to occur. This section shall be in addition to and
cumulative of the provisions for abatement by the City of any nuisance created
by the violation of this ordinance and the charging of the cost of abatement of
said nuisance against the owner of the property.
(b) Notwithstanding the foregoing, any violation of any provision of this article
which constitutes an immediate danger or threat to the health, safety and welfare
of the public may be enjoined in a suit brought by the City for such purpose.
(c) In addition to any other remedies or penalties contained herein, the City
may enforce the provisions of this article pursuant to the applicable provisions of
Vernon Texas Statues and Codes, Local Government Code Ch.54, which
chapter provides for the enforcement of municipal ordinances.
(d) Allegation and evidence of a culpable mental state is not required for the
proof of an offense defined by this article."
Section 3. The Code of Ordinances of the City of Schertz, Article III Solid
Waste, Appendix A, Schedule of Fees, is hereby amended and
shall read as follows:
"APPENDIX A — SCHEDULE OF FEES
ARTICLE III - SOLID WASTE.
Sec. 34 -70. Sanitation service deposits and fees.
411
Sec. 34 -71. Residential collection regulations.
Garbage Collection Fees 201415
Residential:
Special Pickup:
Move Ins, Special Tree Trimmings, oversize $16.30
materials, & similar circumstances; minimum
Class IA:
Residential, Front Curb, per month $17.08
Class 1B: $11.70
Once a week residential pick -up in selected
areas. (Contractor will provide a 96 gallon
cart at no charge); per month
Class II: Mobile Home Parks $9.33
Mobile Home Parks (2 or more mobile homes)
(based on number in park on the 15th day of the month),
per unit /monthly
Class III: Apartments $9.33
per unit/ monthly
Class IV: Motels $4.12
21
Class I: Residential, Single Family, per month
11.70
2 Cart pick up
17.53
3 Cart Pick up
23.38
4 Cart Pick up
29.22
Recycling Fee, per month /container
$ 1.93
Special Pickup:
Move Ins, Special Tree Trimmings, oversize $16.30
materials, & similar circumstances; minimum
Class IA:
Residential, Front Curb, per month $17.08
Class 1B: $11.70
Once a week residential pick -up in selected
areas. (Contractor will provide a 96 gallon
cart at no charge); per month
Class II: Mobile Home Parks $9.33
Mobile Home Parks (2 or more mobile homes)
(based on number in park on the 15th day of the month),
per unit /monthly
Class III: Apartments $9.33
per unit/ monthly
Class IV: Motels $4.12
21
per unit/ monthly
2 Commercial
Class V:
Offices, barber shops and
Professional services, per month
Class VI:
Light retail, wholesale, commercial
or industrial, 2000 to 4000 square feet
and excluding large grocery stores, etc., per month
$14.81
$25.54
Class VII: $37.09
Medium retail, wholesale
commercial or industrial (2000 to 4000
square feet and exclude large grocery store, etc.), per month
2 Cart, 1 pickup per week $38.29
Class VIII:
Heavy Volume retail wholesale, commercial, or industrial
(placement determined by a time and cost study of
refuse generation and collection. The categories in
this class usually require hand loading from rooms or
pens and would not apply when commercial containers
are used.)
A. Two weekly pickups of 1.5 cubic yard containers,
excluding large grocery, furniture or department
stores, per month $65.91
B. Two weekly pickups of 3 cu. Yard containers,
excluding large grocery, furniture or department stores,
etc., per month $131.80
C. Three weekly pickups of 3 cu. Yard containers,
excluding large grocery, furniture or department stores,
etc., per month $205.95
D. Four weekly pickups of 4 cu. Yard containers,
including large grocery, furniture or department stores,
W
etc., per month $247.11
E. Five weekly pickups of 4 cu. Yard containers,
including large grocery, furniture or department stores,
etc., per month $329.49
F. Six weekly pickups of 4 cu. Yard containers,
including large grocery, furniture or department stores,
etc., per month $411.92
G. Customer requiring more than four (4) cu.
Yds each pickup would be charged per cu.
Yds. Collected., per yard $4.56
3. Commercial Containers.
CONTRACTOR will provide commercial containers
to those customers who desire to use them in lieu
of garbage cans. The use of such CONTRACTOR
provided containers is required by this contract.
Rates for containers and pickup will be based
on the following table:
Container Size: Frequency of Pickup
2013-14/2014-15
1
2
3
4
5
6
2 cu. Yard
$56.06
$95.46
$115.30
$131.81
$148.29
$164.75
3 cu. Yard
$67.57
$121.89
$168.06
$192.73
$217.48
$242.17
4 cu. Yard
$83.98
$145.02
$197.69
$238.87
$280.09
$321.28
6 cu. Yard
$118.66
$197.69
$271.86
$346.02
$420.08
$494.24
8 cu. Yard
$140.06
$255.36
$354.18
$453.06
$552.61
$650.78
Rx.
10 cu. Yard $ 161.43 $296.51 $420.08 $527.23 $634.28 $741.35
4. Roll -Off Rates Per Pull Open Top Containers - Dry Material
20 cu. Yard $304.77
30 cu. Yard $362.42
40 cu. Yard $420.08
Roll -off Rental (no pulls within billing cycle) $126.02
per container per month
Collection and Disposal of Municipal Wastes
S. Wet Material Rates on Compactor containers
or open top containers with wet material must be
negotiated with customers at the time they are
needed. This type of waste must be hauled to a
Type I landfill which generally has a higher
disposal rate attached to it.
Roll -off Container Delivery Charge per container $36.73
Roll -off Relocation or Trip Charge per container $36.73
2 cu. Yard compactor, per month (2 services per week)
$217.14
Extra pick ups (2 yard compactor), each
$82.33
4 cu. Yard compactor, per month (2 services per week)
$447.33
30 cu yard Compactor, per pull
$551.91
40 cu yard Compactor, per pull
$655.71
30 cu yard Open -top (Recycle), per pull
$205.82
Front -Load container extra pick -up charges
2 cu yard
$28.01
3 cu yard
$35.01
4 cu yard
$42.02
6 cu yard
$49.02
24
8 cu yard $56.02
10 cu yard $63.01
OVER WEIGHT CHARGE $28.09
To address non standard requests, the solid waste contractor can negotiate a fee
with the customer requesting the service. The City will collect 15% of the
negotiated fee per the franchise agreement.
Annual permit fee, per fiscal year ... $2500.00"
Section 4. All ordinances, orders or resolutions heretofore passed and
adopted by the City Council of the City of Schertz, Texas, are
hereby repealed to the extent that said ordinances, orders or
resolutions, or parts thereof, are in conflict herewith.
Section 5. If any section, subsection, clause, phrase or provision of this
Ordinance, or the application thereof to any person or
circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining
sections, subsections, clauses, phrases and provisions of this
Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
Section 6. This Ordinance shall become effective immediately upon its
passage and publication as provided by law, and it is accordingly
so ordained.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 23rd day of June,
2015.
PASSED, APPROVED and ADOPTED on second reading this the 28th day of July, 2015.
lbli"THM
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Mayor Pro-Tern, Cedric Edwards
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ATTEST:
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