HomeMy Public PortalAboutOrdinance No. 839-98 05-12-1998 ORDINANCE NO. 839-98
AN ORDINANCE AMENDING SECTION 16 "GARBAGE
COLLECTION" OF CHAPTER 11 "UTILITIES" (FORMERLY,
SECTION 5 OF CHAPTER 6 "HEALTH AND SANITATION") OF
THE CODE OF ORDINANCES, CITY OF RICHLAND HILLS,
TEXAS, AS AMENDED; PROVIDING NEW AND UPDATED
DEFINITIONS; PROVIDING FOR EXPANDED GARBAGE
COLLECTION SERVICES; PROVIDING A SEVERABILTTY
CLAUSE; PROVIDING A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas, has entered into a new, revised
agreement for residential and commercial solid waste collection with Trinity Waste
Services (formerly Laidlaw Waste Services); and
WHEREAS, the provisions of said contract have been revised and updated; and
WHEREAS, said contract for solid waste collection provides for expanded
garbage collection services, including "take-all service" by the contractor; and
WHEREAS, revisions to the provisions of the Richland Hills Code of Ordinances
dealing with garbage collection are necessary to reflect the changes in the revised
contract and the expanded garbage collection service contemplated thereby.
. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That Subsection A "DEFINITIONS" as contained in Chapter 16 "GARBAGE
COLLECTION" of Chapter 11 "UTILITIES" (formerly Section 5 of Chapter 6
"HEALTH AND SANITATION"), be hereby removed and replaced with the following
new Subsection A "DEFINITIONS", which new Subsection shall hereafter be and read
as follows:
A. DEFINITIONS
(1) Backdoor Service: A residential household where garbage or recylcable
material pickup shall be in the rear or side of household no further than 5
feet from the side or rear of said household and in an unenclosed area.
(2) Brush. Tree and shrub trimmings and limbs, etc., in bulk which exceed
four (4) feet in length and cannot be loaded readily into regular garbage
containers.
(3) Bulky Waste. 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:
ORDINANCE NO. PAGE 1
• (i) loose construction debris, dead animals, hazardous waste, medical
waste or stable matter;
(ii) any refrigerators, freezers, air conditioners or other appliances that
do not contain written or visual evidence that the
chlorofluorocarbons (CFC's), have been removed therefrom by a
certified, authorized and licensed technician; and
(iii) any other objects or items that Contractor is precluded by federal,
state or local law or regulation from collecting or disposing in a
municipal sanitary landfill.
(4) Bundle or Boxed Bundle. 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.
(5) Citv: The City of Richland Hills, Texas.
(6) Commercial Container. Metal containers supplied by Contractor affording
capacity to service a Commercial Unit so as to prevent spillage, unsightly
and unsanitary conditions.
(7) Commercial Unit. Any commercial, industrial or institutional enterprise
operating within the corporate limits of the City, including any residential
dwellings occupied by person or a group of persons comprising more than
four (4) families.
(8) Contractor: The person, firm, corporation or other legal entity under
contract with the city for collection of garbage, trash, recyclable material
and other non-hazardous waste within the city.
(9) Debris. 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.
(10) Hazardous Wastes. Means any waste, which is:
(1) defined as such by the laws of the United States and or the State of
Texas and or the regulations promulgated thereunder; or
(2) because of its quantity, concentration, or physical, chemical, or
infectious characteristics may cause or significantly contribute to an
increase in mortality; or
(3) contains polychlorinated biphenyls or any other substance, the
storage, treatment or disposal of which is subject to regulation under
the federal Toxic Substances Control Act as amended and the state
and federal regulations promulgated thereunder; or
•
ORDINANCE NO. PAGE 2
(4) contains a "reportable quantity" of one or more "hazardous
substances", as defined in the Federal Comprehensive Environmental
Response, Compensation and Liability Act as amended and the state
and federal regulations promulgated thereunder or as defined under
any other state or federal law and the regulations promulgated
thereunder; or
(5) all fecal material, oil, sludge, and any radioactive, pathological,
toxic, acidic or volatile materials, or other waste, chemical,
compound, mixture, substance, or article designated by the United
States Environmental Protection Agency or other appropriate agency
of the United States or the State of Texas to be "Hazardous" as that
term is defined by or pursuant to federal or state law.
(11) Disposable Containers. Any plastic bag or cardboard box with a capacity
or volume of thirty three (33) gallons or less and which is capable of
containing garbage, trash or yard waste without leaking or emitting odors,
and which weighs, when loaded, less than fifty (50) pounds.
(12) Handicapped Customers. A residential household in which all members of
the household are physically handicapped to the extent that they are
unable to place garbage or recyclable materials at curbside. All
handicapped customers shall be charged the curbside rate charged other
residential customers. The fact of such handicap must be certified to
Contractor by the City Manager of the City.
• (13) Permanent Containers. Any closed, waterproof, plastic or metal container
or can with a capacity or volume of thirty three (33) gallons or less and
which is capable of containing garbage, trash or yard waste without
leaking or emitting odors, and which weighs, when loaded, less than fifty
(50) pounds.
(14) Premises: The word "premises" as used in this section shall be taken to
mean business houses, boarding houses, offices, theaters, hotels,
restaurants, cafes, eating places, tourist camps, apartments, sanitariums,
rooming houses, schools, private residences, vacant lots, and all other
places within the limits of the City of Richland Hills, where garbage, trash
or rubbish is generated or accumulates.
(15) Recycle Materials:
METAL CANS: Rinse metal cans and place in bin.
ALUMINUM: Aluminum drink cans, compacted.
GLASS: Clear, green or brown glass bottles and jars. No
mirrors, window glass, plate glass or light bulbs.
COLORED glass is accepted.
•
ORDINANCE NO. PAGE 3
• PLASTIC: Only plastic bottles with recycling symbols of #1,
#2, #3, #4, #5 and #7 can be recycled. Examples of
these bottles include milk jugs, soft drink liter
bottles, cleaning bottles and shampoo bottles.
Please rinse and remove all lids.
NEWSPAPER, Place newspaper, magazines, and catalogs in the
MAGAZINES, bottom of your "RECYCLEBOX". Slick or Glossy
CATALOGS: inserts should be included with newspaper. Don't
gut out on a RAINY day. Be sure that newspaper is
secured so that it doesn't fly away.
Place all junk mail, envelopes, cereal boxes,
JUNK MAIL, cardboard, chipboard and any other household paper
CARDBOARD product in a brown paper grocery bag and put beside
and MIXED or inside your bin. These loose paper products need
HOUSEHOLD to be separate from other materials in your bin. No
PAPER tissues, wet paper or paper contaminated with food
products are accepted. All cardboard must be
broken down to a size that will fit inside the bin.
Other items that are identified as recyclable by the
City and Contractor, or as the result of changes in
OTHER any local, state or federal laws, ordinances, or
regulation.
• (16) Recycling Containers: Contractor shall provide for each residential
customer a container of no less than sixteen (16) gallons.
(17) Refuse. Every accumulation of waste (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, 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 include
any waste materials included in the definition of Hazardous Waste or
Medical Waste.
(18) Residential Repair Debris. Small amounts of containerized or tied and
bundled waste building materials including privacy fencing (provided such
fencing materials do not exceed 4 ft. x 6 ft. in size or are dismantled and
tied into bundles not exceeding 50 pounds) generated by a residential
property owner or tenant remodeling or repairing a Residential Unit.
•
ORDINANCE NO. PAGE 4
• (19) 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 separate residential unit shall be determined when either
water or domestic electric power services are being supplied thereto.
Each single-family dwelling within any condominium building or group
shall be counted separately as a residential unit.
(20) Rubbish. 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.
(21) "Special Waste". Means any waste, which is:
(1) defined as such by the laws of the United States and or the State of
Texas and or the regulations promulgated thereunder; or
(2) medical waste, including infectious or pathological waste from
laboratories, research facilities, and health and veterinary facilities;
or
(3) dead animals and or slaughterhouse waste; or
• (4) sludge waste, including water supply treatment plant sludges and
stabilized and or unstabilized sludges from municipal or industrial
wastewater treatment plants; or
(5) liquid waste, which for the purposes of this Agreement means any
waste material that is determined to be or contain "free liquid" by
the paint filter test (EPA Method 9095); or
(6) waste from an industrial process; or
(7) waste from pollution control process; or
(8) waste transported in bulk tanker; or
(9) friable and or nonfriable asbestos waste; or
(10) empty containers which have been used for pesticides, herbicides,
fungicides, or rodenticides; or
(11) containerized waste (e.g., a drum, barrel, portable tank, box, pail,
etc.) of a type listed in this definition; or
(12} residue or debris from the cleanup of a spill or release of chemical
substances, commercial products or other wastes listed in this
• definition; or
ORDINANCE NO. PAGE 5
• (13) soil, water, residue, debris or articles which are contaminated from
the cleanup of a site or facility formerly used for the generation,
storage, treatment, recycling, reclamation, or disposal of wastes
listed in this definition, including soil contaminated from under
ground storage tanks used or formerly used for the storage of
petroleum products; or
(14) residential wastes, only if a change in federal or state law, statute,
regulation, rule, code, ordinance, permit, or permit condition, which
occurs after the Effective Date of this Agreement, requires special
or additional management that differs from the requirements
applicable on the Effective Date of this Agreement; or
(15) any waste that requires other than normal handling, storage,
management and or disposal.
II.
That paragraph (10) of Subsection B "DUTIES AND OBLIGATIONS OF
RESIDENTIAL CUSTOMERS", as contained in Section 16 "GARBAGE COLLECTION"
of Chapter 11 "UTILITIES" (formerly Section 5 of Chapter 6 "HEALTH AND
SANITATION") of the Code of Ordinances of the City of Richland Hills, Texas, as
amended, be hereby amended to hereafter be and read as follows:
(10) Each residential customer shall place permanent or disposable containers
containing trash, brush and residential repair debris, together with bundles
• or boxed bundles of trimmings, recyclable materials and residential repair
debris, items of bulky waste and recycling containers at the curbside on
the street bearing such residential customer's address in such a manner as
to be easily accessible for collection, and so as to prevent such items and
materials from being scattered. All of such items shall be placed within
four (4) feet of the curbside, unless construction work is being performed
in the right-of-way, in which case such items shall be placed as close as
practicable to the access point for the collection vehicle.
III.
That paragraphs 1 and 2 of Subsection F "NON-STANDARD COLLECTIONS;
DISPUTES", as contained in Section 16 "GARBAGE COLLECTION" of Chapter 11
"UTILITIES" (formerly Section 5 of Chapter 6 "HEALTH AND SANITATION") of the
Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby
amended to hereafter be and read as follows:
F. NON-STANDARD COLLECTIONS: DISPUTES
(1) Contractor shall provide an on-call service for the collection of
large quantities of debris, including temporary roll-off service.
Upon request by a customer, contractor shall provide an estimate of
the cost to remove and dispose of such items and upon mutual
agreement between Contractor and customer, the Contractor shall
perform the service. The agreed upon fee for the service shall be
• paid by the customer immediately upon completion of the work
performed.
ORDINANCE NO. PAGE 6
• (2) The City Manager will be the authority for the approval of charges
for any service not contemplated by this section and for the
disposition of any dispute between a customer and contractor. The
City Manager may designate a city employee to act as an
enforcement officer hereunder and to act as a liaison between City
and Contractor. Any provisions contained herein to the contrary
notwithstanding, Contractor shall not be required to collect and
remove debris or other trash resulting from new construction or a
sizeable amount of trash and debris being cleared in preparation for
construction. Provided, however, upon the request of any residential
or commercial customer, Contractor shall collect and remove such
trash and debris and shall receive for such services a fee or charge
mutually agreed between Contractor and the requesting customer.
IV.
That paragraph (1) of Subsection H "NUMBER OF GARBAGE PICK-UPS" of
Section 16 "GARBAGE COLLECTION" of Chapter 11 "UTILITIES" (formerly Section
S of Chapter 6 "HEALTH AND SANITATION") of the Code of Ordinances of the City
of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as
follows:
(1) Contractor shall make two (2) collections each week for each residential
customer and each commercial customer not utilizing or requiring
commercial containers. Contractor shall not commence service to
residential customers or to Commercial Units located within two
. hundred (200) feet of a residential structure prior to 7:00 a.m., or
continue such service after 9:00 p. m. on the same day. No collections will
be made on Sundays or holidays unless by prior, special arrangement.
V.
Severability Clause. That it is hereby declared to be the intention of the City
Council 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 invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
VI.
Saving Clause. That Chapter 11 of the Code of Ordinances, City of Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
VII.
Effective Date. This ordinance shall be in full force and effect from and after
• its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
ORDINANCE NO. PAGE 7
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council ~ on , the 12th day of May 1998, by a vote
of r ayes, _Q_ nays, a~d~~ abstentions.
a
~ Al;'PROVED:
!1r tom. ~ ~p
ry ~
y~ 'Y j
i
~ C. .Kelley, Mayor
"s
.'b~ > tW
a
ATTEST: rb ~ ~ e~
er°teet~~~~
1l?~-•'~-• tt
Te`r Willis, City Secretary
,AP AS TO FORM AND LEGALITY:
;l
aul F. Wieneskie, it Attorney
• rh1ib409/043098
ORDINANCE NO. 839-98 PAGE 8