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HomeMy WebLinkAbout1990-1845 - Ordinance - 03/22/1990ORDINANCE NO. 1845 AN ORDINANCE AMENDING CHAPTER 11, SECTION 5, OF THE CODE OF ORDI- NANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO GARBAGE SERVICE REGULATIONS. WHEREAS, the City Council of the City of College Station is con- cerned 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 desires to control increasing garbage, trash and refuse collection and disposal costs in order to encourage consumer use of the collec- tion service and preclude the collection service from becoming an economic burden on the customer; WHEREAS, the City Council is aware that obtaining a permit prop- erty for use as a landfill is an expensive and protracted process and that the permitted landfills are becoming more valuable 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 wishes to preserve the health of envi- ronment of the community; WHEREAS, the City Council also wishes to update the current sani- tation regulations to address each of these issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: Chapter 11, Section 5, of the Code of Ordinances of the City of College Station, Texas, relating to garbage service regulations, is hereby amended to read as follows: TITLE This section shall be known as the "Sanitation Regulations of the City of College Station." DEFINITIONS (1) Bag - Plastic sack or trash compactor sacks designed to store refuse and having sufficient wall strength, a (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) thickness of no less than two mils, to maintain physical integrity when lifted at the top, the opening closed by tie or other seal. Bulky Waste - Large objects or stable matter with weights and/or dimensions and proportions greater than those allowed for in basic collection, including 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 con- struction debris, dead animals or hazardous waste. Bundle - Loose objects of the same characteristics, such as tree, shrub or brush trimmings, or papers and maga- zines, securely tied together forming an easily handled package not exceeding three (3) cubic feet in volume, or fifty pounds (50 lbs.) in weight or four feet (4') feet in length. city - The City of College Station located in Brazos County, Texas. Commercial Refuse - Ail bulky waste, garbage, rubbish or other stable matter generated by a producer at a commer- cial unit. Commercial Unit - Ail premises, locations, properties or entities, whether public or private, but not a residen- tial unit or industrial unit within the corporate limits of the City. Construction Debris - Building material waste resulting from demolition, remodeling, repair, or construction. Customer - such person or persons, owner, manager, or lessee of premises receiving the service. Dead Animal - An animal or portion thereof, having ex- pired from any cause, equal to or greater than ten pounds (10 lbs.) in weight. Weight shall be disregarded where said animal is located on a public street. Director - City official appointed by the City Manager, 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 standards, rules or orders established by the Board of Health. Garbage - Solid waste consisting of putrescible animal and vegetable waste material resulting from the han- dling, preparation, cooking and consumption of food, - 2 - (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) including waste material from markets, storage facili- ties, as well as resulting from the handling and sale of produce and other food products. Grease Trap Waste - A special waste collected from com- mercial 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 licensed medical doctor as being physically incapable of trans- porting 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 approved September 14, 1989. Infectious Wastes - Waste material containing pathogens or biologically active materials which because of its type, concentration, and quality are capable of trans- mitting disease to persons exposed to the waste materi- als. Municipal Solid Waste - Solid waste resulting from or incidental to municipal, community, commercial, institu- tional, and recreational activity, including garbage, rubbish, ashes, street cleaning, dead animals, abandoned vehicles, and all other waste, excluding industrial solid waste and hazardous waste or substances. Premises - Land and premises, an estate including land and buildings thereon contiguous and under one owner- ship. Producer - An occupant of a commercial, industrial or residential unit who generates solid waste. Recycling Drop-off Center - A location, either temporary or permanent, within the City of College Station estab- lished for the receipt of recyclable solid waste includ- ing, but not limited to, aluminum, metal, and glass. Refuse - See Rubbish. Residential Refuse - All garbage and rubbish generated by a producer at a residential unit. Residential Unit - A dwelling within the corporate lim- its of the City occupied by a person or group of persons comprising not more than four (4) families. A con- (25) (26) (27) (28) (29) (30) dominium dwelling, whether of single or multi-level con- struction, consisting of four or fewer contiguous 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 noncombustible waste materials. Combustible waste materials include but are not limited to paper, rags, cartons, wood, excelsior, furniture, rubber, plastic, yard trimmings and leaves. Noncombustible waste materials include but are not lim- ited to glass, crockery, tin cans, aluminum cans, metal furniture and other materials that will not burn at ordinary incinerator temperatures of 1,600 to 1,800 Fahrenheit. Sanitary Landfill - See disposal site. Solid Waste - See also municipal solid waste. 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. Tire - A circular continuous cushion or part thereof designed for encircling a wheel to facilitate vehicular movement. Toxic Waste - Any solid waste identified or listed as a hazardous waste by the administrator of the Federal Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation Recovery Act, 42 U.S.C. 6901, et seq. as amended from time to time. C. RESIDENTIAL CONTAINER REGULATIONS (1) Residential Collection (a) Bags - Residential refuse, excluding rubbish, placed for collection by customers must be con- tained in bags only. All such bags placed for collection shall be securely tied or otherwise fastened or closed so as to prevent spillage or entry by vectors or vermin. (b) Residential Rubbish - Ail residential rubbish may be placed for regular collection in bags or bun- dles. Brush, tree trimmings, and limbs shall be securely tied in bundles not exceeding fifty - 4 - (2) pounds (50 lbs.) in weight and four feet (4') in length with the cut end placed toward the curb. (c) Special Collections - Residential customers need- ing collection and disposal of any bulky waste may schedule for this service without any additional charge by calling the City's Sanitation Depart- ment. Commercial Collection - Ail commercial units shall uti- lize commercial-type containers as designated by the City Manager or his delegate for the collection of com- mercial refuse. Upon receipt of application for the use of bags, the Director or his delegate may authorize in particular instances, where he determines that the use would be practical and economically viable, the utiliza- tion of bags. The decision of the Director or his del- egate may be appealed to the City Manager by Customer. (3) Miscellaneous Provisions (a) The storage, collection, or disposal of any solid waste in any manner other than those designated by ordinance is expressly prohibited. (b) 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. (c) 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. (d) A residential unit shall be deemed to be occupied when either water or electric service is supplied thereto. (e) Each bag, and/or bundle shall be placed at curb- side for collection. Curbside refers to that por- tion of the right-of-way adjacent to the paved or traveled portion of the City roadway. Bags and/or bundles shall be placed as close to the paved or traveled portion of the roadway as practicable without interfering with or endangering the move- ment of vehicles or pedestrians. When con- struction work is being performed in the right-of- way, bags, and/or bundles shall be placed as close as practicable to an access point for the City collection vehicle. (f) (g) (h) (i) City shall provide special door-side solid waste collection service for qualified handicapped households. Not more than twenty (20) total units of bags or bundles of refuse shall be placed at the curbside for collection service. Bags and/or bundles containing residential refuse shall not be placed at curbside for collection before 5:00 a.m. of the day on which collection is scheduled. Lids or covers on all commercial nondisposable solid waste containers shall at all times be kept closed so that flies and other insects may not have access to the contents thereof. Such lids or covers shall only be opened while the container is being filled, emptied or cleaned. D. COLLECTION All automated or semi-automated commercial type contain- ers, excluding apartments and multifamily dwelling units, shall be collected daily except on Sunday. Ail apartments and multifamily dwelling units utilizing automated or semi-automated commercial type containers shall have twice per week collection. (2) Ail single family residential collection service may be provided twice per week, unless otherwise deemed neces- sary to comply with sanitary regulations of the City. CHARGES Assessed Monthly. The charges fixed herein for the col- lection, removal, and disposal of all solid waste shall be entered on the monthly utility bill against the cus- tomer. (2) Failure to Pay. Any customer who fails or refuses to pay the monthly charge when due shall no longer receive garbage collection service from the City until such charges are paid in full. (3) Charges Set. The City Council shall from time to time set by resolution all charges and assessments to be col- lected from each customer. (4) Unprepared Solid Waste. The city sanitation Division shall cause the cleanup of the improperly or unprepared waste, litter or debris that constitutes a hazard or - 6 - nuisance to the community. The minimum (as set by Coun- cil resolution) or the actual cost of cleanup, whichever is greater, shall be paid by the responsible party pur- suant to this ordinance and city of College Station Ordinance No. 1820, approved September 14, 1989. F. PRIVATE COLLECTION PROHIBITED (1) The collection of municipal solid waste within the lim- its of the City is hereby prohibited except as fran- chised by the city Council, pursuant to the City Charter. (2) Any person, firm, or corporation desiring to collect and transport for disposal grease trap waste within the City shall be first franchised by the City Council pursuant to City Charter. (3) Ail recycling drop-off centers must be approved by the Director before receiving such recyclables. Such permit shall be reviewed upon the criteria of public health, traffic safety, and conformance with the Regional Solid Waste Plan. G. LANDFILL DISPOSAL REGULATIONS (1) Residential customers of City may utilize the city Sani- tary Landfill for the disposal of municipal solid waste generated at the billing premises without additional charge. Customer shall be required to establish to the site operator current payment of the utility bill garbage fee. (2) City may reject any solid waste that is determined by the site operator to be outside of the handling capabil- ities of City. (3) In order to pay a reduced tipping fee, all open top pri- vately owned vehicles utilized for the delivery of municipal solid waste to the City Sanitary Landfill must be covered with a tarp. (4) No person shall dump any municipal solid waste at a place other than the location designated for dumping by the landfill attendant. H. CONSTRUCTION DEBRIS Rubbish 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 accumulations of rubbish which may act as a harborage for vermin, vectors, and varmints. I. SERVICE LEVEL AND APPEAL The Director or his delegate may upon notice and hearing require replacement of containers and/or changes in container type or the service levels at any location when he deems the current service level to be inadequate causing a health, san- itation or litter problem. The decision of the Director or his delegate may be appealed to the City Manager by the cus- tomer. J. VIOLATIONS PROHIBITED The disposal of any solid waste in any manner other than those designated by this section is prohibited and a violation of this section. It shall be unlawful to dis- pose of solid waste in a manner other than those desig- nated by this section. (2) It shall be unlawful for any person to utilize or pilfer any receptacle for collection of solid waste except a receptacle the person owns or leases, or a receptacle designated for his use by the City. (3) No person shall dispose of or place for collection and disposal in the City's Type I sanitary Landfill, prohib- ited materials, as designated from time to time by the United States, the State of Texas, and the City of College Station. (4) It shall be a violation of this section to place for collection, dispose of, misrepresent, conceal or provide false information as to the type and origin of material placed for collection or delivered to the City Sanitary Landfill. (5) Any violation of the terms of this section shall be pun- ishable pursuant to Chapter 1 Section 5, GENERAL PENALTY FOR VIOLATION, of this Code of Ordinances. (6) It shall be unlawful for any person to sweep, throw or otherwise deposit upon or along any drain, gutter, alley, sidewalk or street any solid waste of any type. (7) It shall be unlawful for any person to bury the carcass of any animal over ten pounds (10 lbs.) in weight within the City limits. r,'- c,?,, 6 7 II. This ordinance shall become effective and be in full force and effect thirty (30) days from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 22 day of March 19 90. ATTEST: Connie Hooks, -City Secretary APPROVED: