HomeMy WebLinkAbout1635 03-23-2004ORDINANCE NO. 1635
AN ORDINANCE AMENDING ARTICLE II "SOLID WASTE
SERVICES' OF CHAPTER 66 "SOLID WASTE" OF THE
CODE OF ORDINANCES OF THE CITY OF EULESS,
TEXAS; DELETING ORDINANCE PROVISIONS
PERTAINING TO THE CONTRACT BETWEEN THE SOLID
WASTE COLLECTION CONTRACTOR AND THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE AND EFFECTIVE DATE.
WHEREAS, Article II of Chapter 66 of the Euless Code of Ordinances contains
provisions governing solid waste collection and disposal services within the city; and
WHEREAS, the City Council of the City of Euless hereby finds and determines that
the following provisions are necessary to be included in Article II of said Chapter 66 for the
health, safety and welfare of the citizens of the City of Euless, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT Article II "SOLID WASTE SERVICES" of the Code of Ordinances of the City
of Euless, Texas, as amended, be hereby repealed in its entirety and replaced with the
following Article 11:
ARTICLE II. SOLID WASTE SERVICES
Sec. 66-11. Definitions.
Wherever used herein, the hereinafter - listed terms shall have the following
meanings:
Acceptable waste. means any and all waste that is solid waste, including brush,
garbage, yard waste and trash, as solid waste is defined under the laws of the
United States and /or the State of Texas and/or the regulations promulgated
thereunder and that is acceptable for disposal in a Landfill.
Brush means plants, grass clippings, leaves or tree trimmings.
Bulky waste means stoves, refrigerators, water tanks, washing machines, dryers,
furniture, appliances and other waste materials with weights or volumes greater
than those allowed for containers, but specifically excluding:
(1) Loose construction debris, dead animals, hazardous waste, medical
waste or stable matter;
(2) Any refrigerators, freezers, air conditioners or other appliances that do
not contain written or visual evidence that the chlorofluorocarbon's
(CFC's) have been removed therefrom by a certified, authorized and
licensed technician; and;
(3) Any other objects or items that a contractor is precluded by federal,
state or local law or regulation from collecting or disposing in a
municipal sanitary landfill.
Bundle or boxed bundle means tree, shrub and brush trimmings, or newspapers
and magazines securely tied together forming an easily handled package not
exceeding four (4) feet in length or fifty (50) pounds in weight.
City means the City of Euless.
Commercial container means metal containers supplied by the solid waster collector
affording capacity to service a commercial unit so as to prevent spillage, unsightly
and unsanitary conditions.
Commercial and industrial units - If collection is from a commercial container, that
container should be located on a concrete pad to accommodate collection
equipment. The city shall be the sole determinant of acceptable dumpster pads,
locations, and screening, excluding roll -offs.
Contractor means the current holder of the franchise to provide solid waste
collection to the City of Euless
Debris means waste building materials resulting from construction, remodeling,
repair or demolition operations, including without limitation, dirt, concrete, rocks,
bricks, lumber, shingles, plaster, sand, gravel and other waste building materials.
Disposal site means a depository, including but not limited to sanitary landfills,
transfer stations, incinerators, and waste processing /separation centers licensed,
permitted or approved to receive for processing or final disposal of solid waste by
all governmental bodies and agencies having jurisdiction and requiring such
licenses, permits or approvals.
Garbage means any and all dead animals of less than ten (10) pounds in weight
except those slaughtered for human consumption; every accumulation of waste
(animal, vegetable and /or other matter) that results from the preparation,
processing, consumption, dealing in, handling, packing, canning, storage,
transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or
other animal or vegetable matter (including, but not by way of limitation, used tin
Ordinance No. 1635, Page 2 of 6
cans and other food containers; and all putrescible or easily decomposable waste
animal or vegetable matter which is likely to attract flies or rodents); except (in all
cases) any matter included in the definition of bulky waste, dead animals,
hazardous waste, rubbish or stable matter.
Garbage containers means portable cans or similar containers constructed of
galvanized iron, tin or other substantial material, or plastic bags or cardboard
boxes, designed to store refuse or rubbish with sufficient wall strength to maintain
physical integrity when lifted by the top. The maximum capacity of a garbage
container shall not exceed thirty -five (35) gallons and the total weight of a garbage
container and its contents shall not exceed fifty (50) pounds.
Hazardous waste means all fecal material, oil, sludge and any radioactive,
pathological, toxic, acidic or volatile materials, or any chemical, compound, mixture,
substance or article which is designated by the United States Environmental
Protection Agency or appropriate agency of the State of Texas to be "hazardous,"
"toxic" or a "contaminant' or "pollutant," as such terms are defined by or pursuant
to federal or state law or regulation. Refer to solid wastes regulated as hazardous
under the Resource Conservation and Recovery Act, 42 U.S.C. Section 1002, et
seq., or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C.A.
Section 2601 et seq., and the regulations promulgated thereunder.
Loose brush means tree and shrub trimmings, which are neither placed in
disposable containers or reusable containers nor tied and bundled so as to
constitute bundle or boxed bundle.
Medical wastes means all medical waste, infectious waste, special waste from
health care facilities and other similar wastes as same may be defined by pursuant
to federal or state law or regulation.
Premises means all public and private establishments, including individual
residences, all multi - family dwellings, residential care facilities, hospitals, schools,
businesses, other buildings, and all vacant lots.
Producer means an occupant of a residential or commercial unit who generates
refuse or rubbish.
Refuse means every accumulation of waste (vegetable and /or other matter) that
results from the preparation, processing, consumption, dealing in, handling,
packing, canning, storage, transportation, decay of decomposition of meats, fish,
fowl, birds, fruits, grains, or other animal or vegetable matter including, but not by
way of limitation, decomposable animal waste or vegetable matter which is likely to
attract flies or rodents; and all waste material generated at a residential,
commercial, industrial or institutional location, or construction site which must be
disposed of to prevent the attraction of flies, rodents, scavengers, unnecessary
odor or to prohibit unsightly accumulation of refuse or fire hazards. Refuse shall not
Ordinance No. 1635, Page 3 of 6
include any waste materials included in the definition of hazardous waste or
medical waste.
Residential repair debris means small amounts of containerized or tied and bundled
waste building materials including privacy fencing (provided such fencing materials
do not exceed four (4) ft. x six (6) ft. in size or are dismantled and tied into bundles
not exceeding fifty (50) pounds) generated by a residential property owner or tenant
remodeling or repairing a residential unit.
Rubbish means all residentially generated waste wood, wood products, grass
cuttings, dead plants, weeds, leaves, chips, shavings, sawdust, printed matter,
paper, pasteboard, rags, straw, used and discarded mattresses, white goods, pulp
and other products such as are used for packaging or wrapping, crockery, glass,
ashes, cinders, floor sweepings, mineral or metallic substances and any and all
other waste materials not included in the definition of brush, bulky waste, bundle or
boxed bundle, debris, residential repair debris, refuse, medical waste or hazardous
waste.
Solid waste means all non - hazardous (as defined by Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) and other applicable laws
and non - special (see special waste definition) solid waste material including
unwanted or discarded waste material in a solid or semi -solid state, including but
not limited to, garbage, ashes, refuse, rubbish, yard waste (including brush, tree
trimmings, Christmas trees), discarded appliances, home furniture and furnishings,
provided that such material must be of the type and consistency to be lawfully
accepted at the landfill under the applicable federal, state and local laws,
regulations and permits governing each.
Trees means trees and tree trimmings larger than may be accommodated under
bulky waste, brush, bundle or boxed bundle, and which may be picked up as a
special haul.
Sec. 66 -12. Scope of refuse collection work.
(a) Disposal of waste materials. All vehicles used for the collection and
transportation of solid waste material shall be protected at all times while in
transit to prevent leakage or the blowing or scattering of same onto the
public streets of city or property adjacent thereto.
(b) Brush waste. Brush waste and tree trimmings must be bundled in lengths
less than four (4) feet having a maximum weight not to exceed 50 lbs. or be
enclosed in garbage containers having a maximum weight not to exceed 50
lbs.
Ordinance No. 1635, Page 4 of 6
(c) Time of placement and retrieval condition. All residential refuse and rubbish
shall be placed in garbage containers, and together with residential repair
debris and bundle or boxed bundle, shall be placed within six (6) feet of the
curbside. Garbage containers, residential repair debris, and bundle and /or
boxed bundle shall be placed as close to the roadway as practicable without
interfering with or endangering the movement of vehicles or pedestrians.
Garbage containers shall not be placed out before 7:00 p.m. on the day prior
to the scheduled pickup and emptied containers shall be removed no later
then 8:00 a.m. on the day after the scheduled pickup. Curbside refers to that
portion of right -of -way adjacent to paved or traveled city roadways.
(d) Residential waste — Remova/. The collection of solid waste shall be completed
with a minimum of noise and disturbance to the householder. This work shall
be done in a sanitary manner. Any refuse or rubbish spilled by the collector
shall be picked up immediately by the collector.
(e) Commercial waste. Every commercial unit shall have a commercial container
or containers of a size sufficient to contain all the rubbish, refuse, brush,
bulky waste, debris, trees and other waste generated upon the premises and
to avoid congregation of flies, rodents, scavengers, unnecessary odor and
to prohibit unsightly accumulation of such waste materials or fire hazards.
The commercial containers provided shall be equipped with suitable
operable covers to prevent blowing or scattering of refuse (except for roll -off
containers); shall be maintained in good order, appearance, and in a sanitary
condition; shall be of uniform color or color scheme; and shall be clearly
marked with the solid waste collector's name and telephone number.
Sec. 66 -13. Special provisions.
(a) Hauling rights. A contractor shall be granted a sole and exclusive franchise,
license, and privilege within the territorial jurisdiction of the city to engage in
the business of collecting and disposing of commercial construction debris,
residential and commercial garbage, trash, yard waste, bulky waste, debris,
residential repair debris, bundled brush, loose brush, rubbish, trees, refuse
and other waste material.
Cross reference —solid waste collection fees, Sec. 30 -16
SECTION 2
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council of the City of Euless that the sections, paragraphs, sentences, clauses, and
phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph,
or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any
of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance,
Ordinance No. 1635, Page 5 of 6
since the same would have been enacted by the City Council without the incorporation in
this ordinance of any such unconstitutional phrase.
SECTION 3
SAVINGS CLAUSE. Chapter 66 of the Code of Ordinances, City of Euless, Texas,
as amended, shall remain in full force and effect, save and except as amended by this
ordinance.
SECTION 4
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage, as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND APPROVED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 23rd day of March, 2004, by a vote of 6
ayes, 0 nays, and 0 abstentions.
APPROVED:
ATTEST:
usan Crim, C, City Secretary
APPROVED AS TO FORM:
AM
Ordinance No. 1635, Page 6 of 6