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HomeMy WebLinkAbout1992-1948 - Ordinance - 03/26/1992 1948 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, SECTION 5, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO GARBAGE SERVICE REGULATIONS. WHEREAS, the City Council of the city of College Station is concerned with the cost of disposing of garbage, trash and other refuse within the City limits; WHEREAS, the City Council of the City of College Station de- sires to control increasing garbage, trash and refuse collec- tion and disposal costs in order to encourage consumer use of the collection service and preclude the collection service from becoming an economic burden on the customer; WHEREAS, the city Council is aware that obtaining a permit for property for use as a landfill is an expensive and protracted process and that permitted landfills are becoming more valu- able to municipalities; WHEREAS, the city Council of the City of College Station wishes to extend the life of the College Station landfill; and WHEREAS, the City Council also wishes to preserve the health and environment of the community; WHEREAS, the city Council also wishes to update the current sanitation regulations to address each of these issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, TEAT: Chapter 11, Section 5, of the Code of Ordinances of the City of College Station, Texas, relating to garbage service regu- lations, is hereby amended to read as follows: "SECTION 5: GARBAGE SERVICE REGULATIONS A. TITLE This section shall be known as the 'Sanitation Regula- tions of the City of College Station.' ORDINANCE NO. 1948 PAGE 2 B. DEFINITIONS (1) Automated Container - A 70, 90, 300 or 400 gallon plastic container used for garbage collection. (2) Automated Collection - The collection of municipal solid waste by a garbage truck equipped with a me- chanical lifting device which will empty automated plastic garbage containers. (3) Bag - Plastic sack or trash compactor sacks designed to store refuse and having sufficient wall strength, a thickness of no less than two (2) mils, to main- tain physical integrity when lifted at the top, the opening closed by tie or other seal. (4) Bulky Waste - Large objects or stable matter with weights and/or dimensions and proportions greater that those allowed for in basic collection, in- cluding but not limited to stoves, refrigerators, water tanks, washing machines, furniture, loose brush, loose tree limbs and trimmings, and bundles in excess of fifty pounds (50 lbs.) in weight. This definition shall not include construction debris, dead animals or hazardous waste. (5) Bundle - Loose objects of the same characteristics, such as tree, shrub or brush trimmings, or papers and magazines, securely tied together forming an easily handled package not exceeding three cubic feet (3 cu.ft.) in volume, or fifty pounds (50 lbs.) in weight or four feet (4') in length. (6) city - The City of College Station located in Brazos County, Texas. (7) Commercial Refuse - All bulky waste, garbage, rub- bish or other stable matter generated by a producer at a commercial unit. Commercial Unit - All premises, locations, proper- ties or entities, whether public or private, but not a residential unit or industrial unit within the corporate limits of the city. (9) Construction Debris - Building material waste re- sulting from demolition, remodeling, repair, or con- struction. (10) Customer - Such person or persons, owner, manager, or lessee of premises receiving the service. ORDINANCE NO. 1948 PAGE 3 (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) Dead Animal - An animal or portion thereof, having expired from any cause, equal or greater than ten pounds (10 lbs.) in weight. Weight shall be dis- regarded where said animal is located on a public street. Director - City official appointed by the city Man- ager, whose responsibility is the overall direction of the Sanitation Division. Disposal Site - A managed area of land upon which solid waste is disposed of in accordance with stan- dards, rules or orders established by the Board of Health. Garbage - Solid waste consisting of putrescible ani- mal and vegetable waste material resulting from the handling, preparation, cooking and consumption of food, including waste material from markets, storage facilities, as well as resulting from the handling and sale of produce and other food products. Grease Trap Waste - A special waste collected from commercial units containing grease, sand, and grit, whether solid or liquid form. Handicapped Household - A residential dwelling unit where all adult occupants are certified by a li- censed medical doctor as being physically incapable of transporting refuse to the property curbside. Hazardous Substance - Those materials as defined in City of College Station, Texas, Ordinance No. 1820 approved September 14, 1989. Hazardous Waste - Those materials as defined in City of College Station, Texas, Ordinance No. 1820 ap- proved September 14, 1989. Infectious Wastes - Waste material containing pathogens or biologically active materials which because of its type, concentration, and quality are capable of transmitting disease to persons exposed to the waste materials. Municipal Solid Waste - Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activity, including garbage, rubbish, ashes, street cleaning, dead ani ORDINANCE NO. 1948 PAGE 4 (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) mals, abandoned vehicles, and all other waste, ex- cluding industrial solid waste and hazardous waste or substances. Premises - Land and premises, an estate including land and buildings thereon contiguous and under one ownership. Producer - An occupant of a commercial, industrial or residential unit who generates solid waste. Recycling Drop-off Center - A location, either tem- porary or permanent, within the City of College Sta- tion established for the receipt of recyclable solid waste including, but not limited to, aluminum, metal and glass. Refuse - See "Rubbish." Residential Refuse - All garbage and rubbish gen- erated by a producer at a residential unit. Residential Unit - A dwelling within the corporate limits of the City occupied by a person or group of persons comprising not more than four (4) families. A condominium dwelling, whether of single or multi- level construction, consisting of four or fewer con- tiguous or separate single-family components, shall be treated as a residential unit, except that each single-family dwelling component within any such residential unit shall be charged and billed as a residential unit. Rubbish - Nonputrescible solid waste (excluding ashes) consisting of both combustible and noncom- bustible waste materials. Combustible waste materi- als include but are not limited to paper, rags, car- tons, wood, excelsior, furniture, rubber, plastic, yard trimmings and leaves. Noncombustible waste materials include but are not limited to glass, crockery, tin cans, aluminum cans, metal furniture and other materials that will not burn at ordinary incinerator temperatures of 1,600 degrees to 1,800 degrees Fahrenheit. Sanitary Container - A receptacle specifically de- signed for holding garbage and/or rubbish. Sanitary Landfill - See "Disposal Site." Solid Waste - See also "Municipal Solid Waste." ORDINANCE NO. 1948 PAGE 5 (31) Stable Matter - Inert and essentially insoluble solid waste, including materials such as rock, brick, glass, dirt, and certain plastics and rubber, etc., that are not readily decomposable. (32) Tire - A circular continuous cushion or part thereof designed for encircling a wheel to facilitate vehic- ular movement. (33) Toxic Waste - Any solid waste identified or listed as a hazardous waste by the administrator of the Federal Environmental Protection Agency (EPA) pur- suant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation Recovery Act, as amended by the Resource Conservation Recovery Act, 42 U.S.A.. 6901, et seq. as amended from time to time. COLLECTION OF MUNICIPAL SOLID WASTE (1) General (a) Yard waste such as tree leaves and grass shall be placed at the curb in plastic bags and shall not weigh more than fifty pounds (50 lbs.) each. Brush, tree trimmings and limbs shall be cut in sections not exceeding eight feet (8') in length and placed at the curb for collec- tion. (b) Special collections - residential customers needing collection and disposal of any bulky waste may schedule for this service without any additional charge by calling the city's Sanita- tion Division. (c) The storage, collection or disposal of any solid waste in any manner other than those des- ignated by ordinance is expressly prohibited. (d) Pointed or sharp objects, including but not limited to broken glass, jagged metal, razors, needles, and wire, shall be sufficiently wrapped in paper and securely taped or tied before bagging or bundling so as to prevent injury when handled. ORDINANCE NO. 1948 PAGE 6 (e) (f) (h) (i) (J) (k) (1) (m) The total weight of a bag and its contents shall not exceed fifty pounds (50 lbs.). Bags shall be sealable, having no punctures, tears or undesigned openings. A residential or commercial unit shall be deemed to be occupied when either water or electric service is supplied thereto. Each automated container, bag, and/or bundle shall be placed at curbside for collection. Curbside refers to that portion of the right- of-way adjacent to the paved or traveled por- tion of the city roadway. Items shall be placed as close to the paved or traveled por- tion of the roadway as practicable without in- terfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, items shall be placed as close as practicable to an access point for the city collection vehicle. city shall provide special door-side solid waste collection service for qualified handi- capped households. Not more than twenty (20) total units of bags or bundles of refuse shall be placed at the curbside, at one time, for collection service. Automated containers containing residential refuse shall not be placed at curbside for col- lection before 5:00 a.m. of the day on which collection is scheduled. Ail single family automated residential collec- tion service may be provided once per week, un- less otherwise deemed necessary to comply with sanitary regulations of the city. Apartments and other multi-family dwellings will be serviced with either automated or semi- automated collection, Normal service will be twice per week. Lids and doors of all containers shall be kept closed at all times except when the container is being filled. ORDINANCE NO. 1948 PAGE 7 (n) (o) (q) (r) Upon notice, the City will remove and dispose of small dead animals, including but not lim- ited to dogs, cats, chickens, ducks and geese, either from private property or public rights- of-way, excluding animal clinics. Customers requesting removal from private property shall place the animal in a plastic bag and place the bag curbside before notification of pick up. Removal and disposal of small dead animals from private animal clinics shall be for a fee as established by Resolution of the City Council. Single-family, residential customers needing collection and disposal of bulky waste should place the waste at the curb or right-of-way for collection. Commercial, apartment and multi- family locations will be responsible for the collection and disposal of any bulky item that cannot be placed in their commercial collection container. Construction debris shall be contained on site. Rubbish that may be wind blown must be confined in a container or temporary holding pen. The construction site must be free from accumula- tions of rubbish which may act as a harborage for vermin and vectors. Rock, waste, building materials, or other refuse resulting from building or remodeling operations or resulting from a general cleanup of vacant or improved property, just prior to its occupancy, will not be removed by the city. Such waste shall be removed by the building contractor, owner, or occupant of the building at his own expense. The City will remove said refuse for the contractor, owner, or occupant for a fee set by resolution. The City will not remove hot ashes or fire coals. Customers disposing of medical waste shall, prior to disposal, chemically disinfect or properly treat according to Texas Department of Health regulations, and tag and label each con- tainer according to regulations. Tagging and labeling of such waste is the customer's repre- sentation to the City of proper treatment. ORDINANCE NO. 1948 PAGE 8 (s) (t) (u) (v) (w) (x) (y) The City shall collect treated medical waste and special waste from customers/generators on a day to be determined by the Sanitation Super- intendent or his designee. The collection of municipal solid waste within the limits of the City is hereby prohibited ex- cept as franchised by the City Council pursuant to city Charter. Any person, firm or corporation desiring to collect grease trap waste within the City shall be first franchised by the City Council pur- suant to City Charter. Ail recycling drop-off centers must be approved by the Director pursuant to the regulations set forth in Subsection D. of this Section before receiving such recyclables. Approval shall be subject to compliance with the following per- formance standards, as determined by the Direc- tor: That issuance will be in the best interest of public health and safety; That issuance will not cause a traffic safety hazard impeding traffic flow on or off the recycling drop-off center. Assessed monthly - The charges fixed herein for the collection, removal and disposal of all solid waste shall be entered on the customer*s monthly utility bill. Failure to pay - Any customer who fails or re- fuses to pay the monthly charge when due shall no longer receive garbage collection service from the city untll such charges are paid in full. Unprepared solid waste - The city*s Sanitation Division shall cause the clean-up of the im- properly or unprepared waste, litter or debris that constitutes a health or nuisance to the community. The minimum (as set by Council Res- olution) or the actual cost of clean up, whichever is greater, shall be paid by the re- sponsible party pursuant to this Ordinance and City of College Station Ordinance No. 1820, ap- proved September 14, 1989. ORDINANCE NO. 1948 PAGE 9 (z) (aa) (bb) (cc) (dd) (ee) The disposal of any solid waste in any manner other than those designated by this section is prohibited and is a violation of this section. It shall be unlawful to dispose of solid waste in a manner other than that designated by this section. It shall be unlawful for any person or busi- ness, other than the owner or occupant of the premises for whom the container has been fur- nished and who is currently paying a garbage pickup charge, to place anything in such con- tainer. It shall be unlawful to make a fire or burn any material in a sanitation container furnished by the City, or to paint or mark upon or to place any poster, placard or sign upon the same. Any customer having a container that is burned will be charged replacement cost equal to the actual costs involved. It shall be unlawful for any person other than the owner to remove any material from any re- ceptacle, bag or sanitary container, or the said bag, receptacle, or sanitary container itself. It shall be unlawful to place items such as brush and lumber or other materials in a bag, receptacle, sanitary container and City- supplied container of any type which may cause damage to the container or collection truck. In the event such items are placed in a con- tainer, the occupant of the premises for which such container has been furnished is responsi- ble for the removal of these items prior to unloading into the container truck. No person shall dispose of or place for collec- tion and disposal in the BVSWMA~s Sanitary Landfill, prohibited materials, as designated from time to time by ordinances of the City. This section is in addition to, and not in re- placement of, any applicable state and/or fed- era1 laws. ORDINANCE NO. 1948 PAGE 10 (ff) It shall be unlawful for any person to sweep, throw, or otherwise deposit upon or along any drain, gutter, alley, sidewalk, or street any municipal solid waste of any type. (2) Non-Automated Collection (a) Until such time as the automated collection program is fully implemented, customers shall use containers meeting the size requirement specified below. (b) Ail customers shall use plastic bags only for garbage collection. Plastic bags shall have a minimum thickness of two (2) mils and must be at least twenty gallon (20 gal.) capacity and no larger than thirty-five gallon (35 gal.) capacity. (c) Ail bags shall be securely tied or otherwise fastened or closed so as to prevent spillage or entry by vector and vermin. (d) Only residential refuse is to be placed in plastic bags. Construction debris, tires, dead animals, hazardous substances and stable matter such as dirt, brick, and rock will not be ac- cepted. (3) Automated Residential Collection (a) Customers with automated collection service will be provided with a City-owned automated container. All containers must be removed from the designated pick up place within twelve (12) hours after scheduled collection day. (b) The container for automated pick up shall be the property of the City. Abuse and damage to container by customer shall result in a penalty assessment up to the cost of the container and time involved to repair or replace such con- tainer. Garbage service will be discontinued until replacement or repair to container is provided. (c) Only residential refuse is to be placed in con- tainers. Construction debris, tires, dead ani- mals, hazardous substances and stable matter such as dirt, brick and rock will not be ac- cepted. ORDINANCE NO. 1948 PAGE 11 (d) Any garbage or waste not contained in the auto- mated container provided will not be picked up or hauled by City services and shall remain the responsibility of the customer/generator for disposal. (e) Any customer generating more waste than one (1) container will hold may purchase an additional container and shall pay an additional fee as set by city Council. (4) Residential Curbside Recycling Collection (a) Customers participating in the curbside recy- cling collection program will be furnished either a small bin or plastic bags for all recyclable items placed for collection. Cus- tomers utilizing the small bin must remove it from the designated pick up place within twelve (12) hours after collection. (b) The container for recyclable collection shall be the property of the City. Abuse and damage to the container by a customer shall result in a penalty assessment up to the cost of the con- tainer and time involved to repair or replace such container. (c) Only designated recyclable items will be placed in the small container or plastic bags. Other items will not be accepted. (5) Commercial Waste Collection (a) All commercial units shall utilize automated or semi-automated commercial-type containers as designated by the city Manager or his delegate for the collection of commercial refuse. (b) Upon request for garbage collection service, the Division Manager or designee shall desig- nate either automated or semi-automated col- lection for that location. The City will pro- vide for the removal of garbage and/or trash under the rates established for commercial con- tainerized collection. Automated collectlon containers will be provided by the City and semi-automation collection containers shall be provided by the customer. ORDINANCE NO. 1948 PAGE 12 (c) When it is beneficial for small businesses that generate low volumes of waste to jointly use a container set for their convenience, the basic charge will be divided between the businesses. However, this charge shall not be lower than the minimum charge for any commercial location. The size and number of containers provided shall be determined by the Solid Waste Division manager or designee. (d) Containers shall not be set out unless an all weather access route capable of supporting the container service truck is available. The city will not be responsible for damage done to pri- vate drives and parking areas by service trucks servicing containers. (e) The owner or occupant of the premises shall be responsible for keeping the area around the container clean and clear of all garbage and trash. (f) RECYCLING (1) If a container is unserviceable, such as being blocked or containing prohibited items, the city truck shall return to empty the container only after the container is clear from other vehicles and/or prohibited items are removed from container. DROP-OFF CENTERS Temporary Permits A temporary permit may be obtained for operation of a temporary recycling drop-off center, subject to compliance with the following requirements. (a) A written application, on a form provided by the Department of Public services, must be filed in the Office of the Director at least thirty (30) days prior to the proposed collec- tion of recyclable materials at the temporary recycling facility. The term of the permit shall not exceed seven (7) consecutive days. Permits for temporary recycling activities shall be granted for small recycling drop-off centers, which shall only recycle newsprint, paper, glass bottles, metal cans, plastic con- tainers, or any combination of these materials. ORDINANCE NO. 1948 PAGE 13 (b) Temporary permits shall only be issued to orga- nizations holding a certificate of exemption from federal income tax or state sales tax or franchise taxes or to any other person or en- tity who conveys any profits derived from their recycling activity to a tax exempt organiza- tion. In no case shall a temporary permit be issued to any person or business entity for whom recycling is a regular part of their busi- ness activity. (c) No bond or insurance will be required for the issuance of a temporary permit. (d) The permittee shall service the recycling drop- off center regularly to prevent overflow, accu- mulation and deter pilferage of recyclables. The area surrounding receptacles for collection and storage of recyclable materials, waste materials, processing materials or other mate- rial shall be maintained in a clean and sani- tary manner at all times. No recyclable mate- rials, waste material, trash, processing mate- rial or other matter shall be allowed to accu- mulate around any receptacle or to overflow from any receptacle. Permittee shall assure that materials delivered to a recycling facil- ity shall be handled and managed in such a man- ner so as to prevent, at all times, windblown materials. The permittee shall not dump or discard any matter on the ground on the premises of the recycling drop-off center at any time, or allow any person to do so. The permittee shall be solely responsible for the proper storage and disposal of non-recyclables deposited at the recycling facility. (2) Permanent Recycling Drop-off Center A permit for operation of a permanent recycling drop-off center may be obtained subject to the following requirements. (a) A written application on a form provided by the Department of Public Services must be filed in the office of the Director at least thirty (30) days prior to the proposed collection of recy- clable materials at the permanent recycling facility. ORDINANCE NO. 1948 PAGE 14 (b) (c) (d) (e) (f) An application fee for a permanent recycling drop-off center may be set by resolution of the city Council. A permit may be denied if when the required in- formation is incomplete or incorrect or shows that a person is not otherwise entitled to con- duct a permanent recycling drop-off center. Every permit shall be visibly displayed where it can be read by the general public utilizing the recycling drop-off center. A bond of not less than One Thousand Dollars ($1,000.00) executed by the applicant with two (2) or more good and sufficient sureties, sat- isfactory to the Director of Fiscal and Human Resources, shall be made payable to the Mayor of the city of college Station, and his succes- sors in office, for the use and benefit of any person or persons entitled thereto, and condi- tioned that the principal and sureties shall pay all damages to persons caused by or arising from or growing out of any action of the appli- cant, his employees, agents, successors or assigns, while operating the permitted recy- cling drop-off center. The bond shall remain in full force and effect for the entire dura- tion of the operation of the recycling center and the permittee shall be responsible for the submission of a new bond no less than ten (10) days prior to the expiration of any current bond. In the event that permittee fails to do so, then permittee shall immediately cease operation of the recycling drop-off center and shall prevent the public from utilizing the facility. An applicant for a permanent recycling drop-off center shall provide the following information on a form approved by the Director: me Name of the applicant. Legal name of the business entity, if any, address, telephone number, state of incorporation or filing of a partner-ship or articles of association. Sales tax number, or evidence of tax- exempt status. ORDINANCE NO. 1948 PAGE 15 (g) (h) (i) (J) e A description of the property intended to be utilized as the recycling drop-off center, sufficient to permit city employees to identify the proposed location of the recycling facility. The site plan to be submitted for review pursuant to the Zoning Ordinance, which shall show the location and type of receptacles. A listing of the materials to be collected for recycling. All recycling activities shall conform to the requirements of this ordinance, as well as fed- era1 and state laws and regulations. The permittee shall service the recycling drop- off center regularly to prevent overflow, accu- mulation and deter pilferage of recyclables. The area surrounding receptacles for collection and storage of recyclable materials, waste ma- terial, processing material or other materials shall be maintained in a clean and sanitary manner at all times. No recyclable materials, waste material, trash, processing material or other matter shall be allowed to accumulate around any receptacle or to overflow from any receptacle. Permittee shall assure that mate- rials delivered to a recycling facility shall be handled and managed in such a manner so as to prevent, at all times, windblown materials. The permittee shall not dump or discard any matter on the ground on the premises of the re- cycling drop-off center at any time or allow any person to do so. The permittee shall be solely responsible for the proper storage and disposal of non-recyclables deposited at the recycling facility. The Director or a person designated by the Director to act on his behalf shall have the authority to enter onto premises permitted hereunder and inspect for compliance with the terms and conditions imposed herein and under the Zoning Ordinance. A permit may be revoked for non-conformity with the provisions herein and/or with the provi- sions of the Zoning Ordinance, including site conditions imposed by the Project Review Com- mittee or Zoning and Planning Commission. In ORDINANCE NO. 1948 PAGE 16 (3) the event that the Director determines that there is a violation of the permit or the con- ditions imposed, then the Director shall give the permittee ten (10) days' written notice at the address provided by the permittee on the application or supplemented by him to come into compliance. In the event that the permittee disputes the violations alleged, then the per- mittee must give written notice to the Director of a requested hearing within the ten (10) day time period. If the permittee fails to request a hearing within that time period, then the permittee will be conclusively considered to have acknowledged that the violation does in fact exist. If the permittee does request a hearing, it shall be held before the City Manager or his designee. Should the City Manager find that permittee is in violation of his permit, the City Manager will provide the permittee with a reasonable time period to come into compliance. A determination by the city Manager shall be final. Any determination of noncompliance under this subsection shall not operate to deprive the City of any other remedy it may have under this Code of Ordinances or the laws of this State. (k) In the event that the Director finds that there are immediate serious health or safety viola- tions that endanger the public or that the order to come into compliance with the permit, as provided herein above, has not been met, then the Director shall so notify the city Man- ager who shall immediately provide notice of hearing to the permittee, at the address pro- vided or supplemented by permittee. The hear- ing shall take place in not less than ten (10) working days from the date of notice. (1) The City Manager shall have the authority to revoke or suspend a permit where he determines that the health of safety of the public is in danger or where he determines that there has not been compliance notices or orders to comply provided herein. Record Keeping Requirements Every operator of any permitted recycling drop-off center, temporary or permanent, shall maintain on ORDINANCE NO. 1948 PAGE 17 the premises, available for inspection by the City during regular business hours, recorde of the center's activities, including= (a) The amount of each type of recyclable material received in each month. (b) Each shipment of recyclable material received from any other recycling drop-off center. (c) Each shipment of recyclable material received from a scrap dealer or junk dealer. (d) Any materials transferred to the recycling drop-off center but rejected upon submission for acceptance. Such record of the rejection shall indicate the date and place of rejection, the type and amount of each material rejected, and the reason for rejection. SERVICE LEVEL AND APPEAL The Director or his delegate may upon notice and hearing require replacement of containers and/or changes in con- tainer type or the service levels at any location when he deems the current service level to be inadequate causing a health, sanitation or litter problem. The decision of the Director or his delegate may be appealed to the City Manager by the customer. PENALTIES Any violation of the rules and regulations as set out herein shall be punishable as such for health, safety and public welfare violations pursuant to Chapter 1, Section 5, GENERAL PENALTY FOR VIOLATION of the Code of Ordi- nances. FEES The fees, rates and permit charges applicable to this ordinance shall be provided in such ordinances or resolu- tions as may be adopted by the City Council, and all such ordinances or resolutions shall be continued in full force and effect as the same may be amended from time to time. Such ordinances or resolutions shall be on file in the office of the City Secretary." ORDINANCE NO. 1948 PAGE 18 II. This ordinance shall become effective and be in full force and effect thirty (30) days from and after its passage and ap- proval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 26thday of March , 1992. ~tar¥ APPROVED: