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,
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(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
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(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
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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: