20-F-26 Repealing an Ordinance regarding the collecton and disposition of solid waste and recyclable material - revising the feesORDINANCE NO. 20-F-26
AN ORDINANCE BY 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.
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:
900 -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.
Brush means plants or grass clippings, leaves or tree trimmings, including
bags and /or bundles of landscape waste.
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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 contractor.
Said charge shall apply to 20- cubic -yard, 30- cubic -yard, and 40- cubic -yard open -
top containers.
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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.
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.
C!
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
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.
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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 or dissolved material in domestic sewage, or solid or dissolved
material in irrigation return flows, or industrial discharges subject to
regulation by permit issued under 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 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 to
human health or the environment. Special waste includes, but is not limited to:
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(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 Vill, 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;
(14) soil contaminated by petroleum products, crude oils, or chemicals;
(15) used oil;
(16) light ballasts and/or small capacitors containing polychlorinated
biphenyl (PCB) compounds;
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(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.
Sec. 34 -51. Sanitation service deposits and fees.
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.
Sec. 34-53. Dumping.
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.
(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.
Sec. 34 -55. Residential collection regulations.
(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 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.
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(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.
Sec. 34 -57. Commercial collection regulations.
(a) Collection containers commonly used
collectors, including residential garbage and
use), shall be placed at a location on the
customer, the city, its designated contractor
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by commercial garbage and recycling
recycling receptacles (for commercial
premises mutually agreeable to the
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.
(3) Service charges for private haulers of recyclable materials shall be by
customer agreement.
Sec. 34 -59. Collection and disposal of commercial garbage and recyclable
material in central business district.
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(a) The disposal of commercial garbage, recyclable material, rubbish and brush
by placing the same in public trash receptacles located on public streets in the City
is prohibited. The collection and removal of garbage, recyclable material, rubbish,
and brush from buildings and premises used for commercial or institutional
purposes shall be made not less than one (1) times per week and as often as
necessary in order to maintain such premises free of accumulations of garbage,
trash and brush.
(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.
Sec. 34 -60. Collection contractor.
(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.
Sec. 34 -61. Disposal of solid waste.
(a) Individual residents may remove garbage, recyclable material, rubbish,
brush or unusual accumulations from their own residences, provided that the
garbage, recyclable material, rubbish, brush or unusual accumulations are
secured.
(b) 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 by contract
with the City and the payment of a license fee to so operate.
(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.
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(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;
(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;
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(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 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;
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(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
(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.
0) 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.
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(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, 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.
Sec. 34 -65. Diversion of recyclable materials.
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(a) Individual residents may remove recyclable material from their own
residences; provided that the recyclable materials are secured as provided in
section 34- 63(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.
Sec. 34 -66. Wastes from tree - trimming operations.
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.
Sec. 34 -67. Applicability of state law.
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 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
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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 Works
Director should have a working knowledge:
(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.
Sec. 34-68. Enforcement.
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.
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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 II I 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.
Fee based on type of dwelling, type of container, and number of scheduled pick-
ups. Please reference the City of Schertz current fee schedule.
Sec. 34 -71. Residential collection regulations.
Fee based on type of dwelling, type of container, and number of scheduled pick -ups.
Please reference the City of Schertz current fee schedule.
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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 25th
day of August 2020.
PASSED, APPROVED and ADOPTED on second reading this the 15t day of September
2020.
1= 11011*15
City, ecretary, Brenda Dennis
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APPROVED:
Kgr�#h Gutierrez
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