Loading...
HomeMy WebLinkAboutORD 92-7 ORDINANCE NO. � ENTITLED AN ORDINANCE AMENDING SOLID WASTE COLLECTION DEFINITIONS, REGULATIONS AND FEES TO PROVIDE FOR CITY-WIDE RECYCLING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28, Article H of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: ARTICLE H. SOLID WASTE DISPOSAL Sec. 28-20.1. Definitions. The following definitions shall apply in the interpretation and enforcement of this article: Automated containers means any containers for refuse provided by the city having a capacity of sixty (60) to ninety (90) gallons and equipped with wheels for mobility. Building materials means any material such as lumber, brick, plaster, gutters or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures. Bulk container means a metal container of not less than two (2) cubic yards nor larger than ten (10) cubic yards, made of water tight construction with doors opening on two (2) sides and top, and constructed so that it can be emptied mechanically by specially equipped trucks. Containers shall be covered. Business trash means any waste accumulation of dust, paper and cardboard, excelsior, rags or other accumulations, other than garbage or household trash, which are usually attendant to the operation of stores, restaurants, offices and similar businesses. City means the City of Beaumont. 1 Commercial establishment means any retail, restaurant, manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment at which garbage or trash may be generated, and having connection to the City's water system. Curb line means the area directly behind the curb. In the absence of a curb, the area directly behind the edge of pavement. Garbage means every accumulation of animal, vegetable, and other waste matter that attends the preparations, handling, consumption, storage or decay of plant and animal matter, including meats, fish and Seafoods, birds, fruits, vegetable or dairy products and the waste wrappers or containers thereof. Hazardous refuse means materials such as poison, acids, caustics, chemical, infected materials, offal, fecal matter, and explosives or as defined by the Texas Department of Health. Household trash means every waste accumulation of paper, sweepings, dust, rags, bottles, cans, or other matter of any kind, other than garbage, which is usually attendant to housekeeping. Industrial waste means all waste, including solids, semi-solids, sludges and liquids, created by factories, processing plants or other manufacturing enterprises or as defined by the Texas Department of Health. Inspectors means persons appointed by the department director authorized to enforce health and sanitation, building, and sanitation codes or ordinances. Landfill division means a division of solid waste management designated to perform sanitary landfill disposal services for the public. Litter means any manmade or man-used object, organic or inorganic material, or solid waste and specifically includes trash which is not placed in: a container, or an authorized sanitary waste disposal site; or another approved area, depository, a vehicle designated for transport or disposal of litter, trash, garbage or waste. Loading and unloading area means any stream, river or lakeside or land dock, space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities or persons. Multiple residential unit means any duplex, apartments, group of apartments or condominium used as a dwelling place for more than one family. Person means any individual, firm, company, corporation, or association. 2 Postconsumer waste means a material or product that has served its intended use and has been discarded after passing through the hands of a final user. For the purpose of this subchapter, the term does not include industrial or hazardous waste. Portable packing unit means a metal container, not exceeding four thousand five hundred (4,500)pounds gross weight, with four (4) to six (6) cubic yard capacity, that contains a packing mechanism and an internal or external power unit. Private collector means any person or firm engaging in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse. Recyclable material means material that is capable of being recycled, and used in the manufacture of products which otherwise may be produced using raw or virgin materials. For the purpose of this subchapter, the term applies to materials that have been recovered or diverted from the solid waste stream for purposes of reuse, recycling or reclamation. These recyclable materials are not considered solid wastes unless they are subsequently damaged beyond use as a recyclable material, abandoned, or discarded. Recycled material means a material that consists of materials derived from postconsumer waste, industrial waste, or hazardous waste which can be used in place of a raw or virgin material in manufacturing a new product. Recycled product means a product which meets the requirements for recycled material content as prescribed by the rules established by the department described in Section 361.427. Recycling means a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Refuse means all putrescible and non-putrescible solid and semi-solid wastes, including garbage, rubbish, and ashes. Refuse container means a metal or plastic container for refuse, of substantial construction, with a tight-fitting lid, and handles sufficient for safe and convenient handling for collection at curbside. Except for those areas serviced by automated collection equipment, such containers shall have a capacity of not more than thirty-two (32) gallons and a total weight, when full, of not more than fifty (50) pounds or an empty weight of not more than ten (10) pounds, and shall be kept in serviceable condition at all rimes. Any areas serviced by automated collection equipment shall only use the automated containers as approved by the director of solid waste management. Any container which does not meet standards set by the department of solid waste management shall be removed. Exceptions to these requirements may be made by the director of solid waste management. 3 Roll-off/roll-on container means a unit, varying in capacity between five (5) cubic yards and forty (40) cubic yards, which is used for collecting, storing, and transporting building materials, business trash, industrial waste, hazardous refuse, refuse or yard trash. The unit may or may not use an auxiliary stationary packing mechanism for composition of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially-equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site. Single residential unit means any dwelling place occupied by one family. Small dead animals means dead cats, dogs, small household pets and other animals of similar size. Solid waste management department means the department under the control of the director of solid waste management designated to perform garbage and trash collection services, landfill waste disposal and recycling for the city. Solid Waste Disposal Act means the Solid Waste Disposal Act, Article 4477-7, VTCS, as amended and under the authority of the Texas Department of Health. Tree and shrubbery trimmings means waste accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery and cuttings or clippings created as refuse in the case of trees or bushes. White goods means major appliances such as refrigerators, freezers, washing machines, dryers, hot water heaters, stoves, dishwashers, etc. Yard waste means leaves, grass clippings, yard and garden debris, and brush, including clean woody vegetative material not greater than six inches in diameter, that results from landscaping maintenance and land-clearing operations. The term does not include stumps, roots, or shrubs with intact root balls. Sec. 28-20.2. Administration and enforcement. The administration and enforcement of the provisions of this article, including provisions for refuse collection throughout the city, by both private contractors and the city, shall be primarily the duty of the solid waste management department with assistance from the public safety department. Sec. 28-20.3. Notice of violation - Authority to issue. Inspectors appointed by the department head shall have the authority to enforce sections 28.20.8, 28-20.11, 28-20.12, 28-20.13, 28-21.1, 28-21.3, 28-21.4, 28-21.8, 28-20.14, 28- 20.15, 28-21.109 28-21.11, 28-21.12, 28-21.13, 28-22.2, 28-22.3, 28-23.1 and 28-23.5, and 4 28-21.8 of this article by issuing a notice, in accordance with section 28-20.4, informing the proper person of the date and nature of violation. Other violations of this article shall be enforced by the issuance of a summons or warrant as provided by law. Sec. 28-20.4. Same - Method of issuance. When an inspector issues a notice for a violation of this article, notice shall be sufficient if served on the offending person by: (1) Attaching a correction notice upon the container to whom it is directed. (2) Certified mail, with delivery reported, a copy of the notice to the last known address of the person as shown on the current tax roll or water bill. Sec. 28-20.5. Same - Response. The party whom receives a notice of violation by certified mail, will pay the fee assessment set forth herein below as in full satisfaction of such violation. The fee assessment will be included on the water bill for payment in accordance with section 28-24.6. Continued violation of the section in 28-20.3 may result in termination of garbage service and institution of legal action. For violation of section: Fee Assessment 28-20.8.................................................. $ 15.00 28-20.11................................................. 15.00 28-20.12................................................. 15.00 28-20.13................................................. 15.00 28-21.1.................................................. 10.00 28-21.3.................................................. 10.00 28-21.4.................................................. 10.00 28-21.8.................................................. 15.00 Sec. 28-20.6. Violation of article. Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 1 misdemeanor and, unless the penalty for such violation is paid in accordance with section 28-20.3 through 28-20.5 of this article, upon conviction thereof, the court may impose a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00). 5 Sec. 28-20.7. Bulk containers utilized by commercial establishments. Any commercial establishment which desires to utilize a bulk container for its refuse shall employ the services of a private contractor to service that container. Such container shall at all times be clean, neat, and in good state of repair. Cleaning up materials spilled from the container when emptying shall be the responsibility of the private contractor or the property owner or occupant. No refuse shall be placed adjacent to any bulk container. The property owner of any establishment for which a bulk container screening requirement applies must maintain such screening in a clean and neat condition and in good state of repair. Sec. 28-20.8. Hazardous refuse not to be placed in collection containers; special care and preparation required before placing certain refuse items in containers. No infectious or pathological refuse or any other refuse that may cause a public health hazard shall be placed in any container used for collection by the city or collection by any private agency. The following are several types of special refuse items which shall be given special care and preparation before disposing of the same in any refuse container. (1) Hypodermic instruments and other sharp articles. No person shall dispose of or discard any hypodermic syringe, hypodermic needle or any instrument or device for malting hypodermic injections without prior placement in puncture resistant container for disposal so as to avoid the possibility of causing injury to the collection personnel. (2) Ashes. Ashes that are to be collected by the city or private collectors must have been wetted and cooled to the touch prior to collection. Ashes shall be placed in suitable containers of such size and weight as stipulated in section 28-21.1 and shall not be placed with the normal refuse unless separately wrapped, so that they will not cause injury to the collection personnel. (3) Pressurized cans. All pressurized cans containing pesticides or any other dangerous materials shall be released of all pressure before being deposited in a container for collection by the city or any private collection agency. (4) Glass. All broken glass or any type of glass that may cause injury to refuse collection personnel shall be separately wrapped to prevent injury and placed with the normal refuse. (5) Pesticides. All pesticides containers and other poisonous containers shall be emptied and triple rinsed before being placed for collection. 6 Sec. 28-20.9. Disposal of refuse and debris from construction, demolition, etc. operations. (a) The city shall not be responsible for the collection or hauling of building materials originating from private property preliminary to, during or subsequent to the construction of new buildings or alterations or additions to existing buildings of whatever type or from demolition of existing structures. Such material shall be removed by the owner of the property or by the contractor. A stop work order may be issued by the inspector until such material has been removed by the owner or contractor. In addition, all contractors must provide refuse receptacles for construction debris,and litter to be deposited in on a regular basis. (b)Loose dirt, mud, clay, rocks, construction materials and other debris deposited upon any public highway, street and sidewalk or private property as a result of construction or demolition operations shall be immediately removed by the contractor. Construction and demolition sites shall be kept clean and orderly at all times. (c) The prime contractor or developer of a construction or demolition site shall be responsible for maintaining the site as required by this section. Sec. 28.20-10. Collection, removal and disposal of industrial waste. Industrial waste shall be collected, removed and disposed of in an approved manner by the operator of the factory, plant or enterprise creating or causing same. Sec. 28-20.11. Unlawful deposits generally; littering. (a) No person shall place any accumulation of refuse or trash in any street, street right- of-way, median strip, alley or other public place of travel, nor upon any private property, except as stated in other sections of this article. (b) It shall be unlawful for any person to: (1) Scatter refuse about or litter any public or private street, area or place. (2) Cast, throw, place, sweep or deposit anywhere within the city any refuse or trash in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied premises within the city. (3) Throw or deposit any refuse, trash or debris in any stream, body of water, or drainage system. (c) The driver of any vehicle shall be responsible for assuring that no litter is thrown from the vehicle or occurs through the lack of proper covering. 7 Sec. 28-20.12. Placing refuse or refuse containers on, in or over drainage systems. No person shall place any refuse or refuse container on, in or over any drainage system. Sec. 28-20.13. Property to be kept free of litter. All owners or occupants shall maintain the real property owned or occupied by them in a clean and litter-free condition. This section shall not be construed as prohibiting the storage of refuse or litter in authorized containers for collection pursuant to the provisions of this article. Sec. 28-20.14. Interference with or damaging containers. No person, other than employees of the city charged with such duty, shall interfere with the contents of any refuse container set out for removal by the city or any private collection agency, unless authorized by the director of solid waste management or his designated agent. It shall be unlawful for any person to damage or destroy any refuse container placed at the curbline for collection. Sec. 28-20.15. Scavenging of recyclable materials from residential areas prohibited. (a) No person or persons other than the current resident of the property on which the items are placed or an authorized carrier, shall remove, pick up, or transfer recyclable materials, containers or bins left at curbside in either specifically marked recovery containers or any other type of container which is to be picked up by a designated carrier for the purpose of removal of recyclable materials. Materials referred to, and to be left at curbside in specifically marked containers, will include recyclable materials included in the city's recycling program. (b) Each removal of an item or items from a residential subdivision residence location or a single family-residence location shall constitute a separate violation of this section. Unauthorized persons removing materials or bins other than those persons designated by the city to remove such materials shall be fined as follows: (1) Upon first conviction of violation of this section, the person shall be fined twenty-five dollars ($25.00) for each such violation. (2) Upon second conviction of violation of this section, the person shall be fined one hundred dollars ($100.00) for each violation. (3) Upon third and subsequent convictions of violation of this section, the person shall be fined two hundred dollars ($200.00) for each such violation. 8 DIVISION 2. COLLECTION BY CITY Sec. 28-21.1. Containers generally. All refuse to be collected by the city shall be stored in proper containers between times of collection. Any container provided by the city shall not be filled to exceed two hundred (200) pounds total weight and all refuse therein must fit inside the container. The cover of any container shall be kept on at all times except when the container is being filled, emptied or cleaned. Animal waste and ashes shall be wrapped separately from other refuse in a manner to prevent spillage prior to placing the same in a container. All areas.serviced by the city shall use ninety-gallon round or sixty gallon containers as approved by the director of solid waste management. All garbage or putrescible material shall be placed within the automated containers. No other type of container is permitted for use in the automated collection areas. Exceptions to these requirements may be made by the director of solid waste management. Sec. 28-21.2. Solid Waste Collection Service. Standard residential solid waste collection service shall include: (a) Once a week collection of one (1) garbage container, recycling bins, and bagged or containerized yard waste. All materials shall be collected by separate vehicles on the same day as designated by the director of solid waste management. (b) Twice monthly collection of oversized tree and shrubbery trimmings, household trash, and bulky items such as major appliances or furniture. To receive service, the dweller of the property shall be current on the garbage collection service fee in accordance with Section 28-24.1. Optional service shall include twice a week garbage collection and/or multiple container collection. Residential and commercial accounts are limited to two (2) containers. If optional services are obtained and then discontinued there will be a six (6) month waiting period to reapply for optional services. Authorization to bill for optional service must be submitted in writing to the solid waste management department. The person whose name appears on the account must sign the authorization. Sec. 28-21.3. Points of collection. (a) Refuse containers, recycling bins, and yard waste which are to be collected by the city, shall be placed on the curb line of a city right-of-way abutting their property by 7:00 a.m. on scheduled day of collection. All containers must be removed from the curbline by 8:00 p.m. after collection on the day of collection. 9 (b) Solid waste collection service on private property may be provided, when alleys or streets of sufficient width are available and all of the adjoining property owners or the owners association by written document indemnify the city for damages to curbs, alleys, pavements, and the private property of residents served. (c) Some residents serviced by automated collection equipment may be required to place the automated containers on the opposite side of the street from their residence. Solid waste management vehicles may travel against the flow of traffic on a one-way street when so equipped with appropriate warning devices. Sec. 28-21.4. Holiday collection schedule. Refuse collection service shall not be provided by the city on the following holidays: New Year's Day Independence Day Thanksgiving Day Christmas Day During weeks containing observed holidays, collections shall be moved back one (1) day necessitating Saturday collection. Sec. 28-21.5. Refuse from multiple-unit dwellings not to be collected. The city shall not provide refuse collection to apartments, office and residential condominiums, duplexes, or other multiple-unit buildings unless each unit or duplex is individually located on a separate lot abutting the right-of-way of a publicly maintained street; provided, however, that such refuse collection shall be done in accordance with the other provisions of this article. Sec. 28-21.6. Storage or preparation of yard trash, limbs, shrubbery, etc. for collection. (a) Yard waste may be stored for collection in suitable containers or bags not to exceed thirty-two (32) gallon capacity and fifty (50) pounds in weight. Any yard waste that cannot be put in a normal refuse container shall be handled as described in subsection (b) of this section. (b) All limbs, branches, shrubbery and hedge trimmings to be collected by the city shall be stacked neatly in separate piles by the curb line for collection. Materials shall not be stacked under low overhead cabling, signs or posts. This material will be collected in accordance with section 28-21.2. (c) Every nurseryman, tree surgeon, and every person who cuts or trims trees, shrubs or grass as an independent contractor, shall remove or cause to be removed all trash from the 10 premises serviced by him and it shall be unlawful for such a person to deposit any tree, tree or shrub cuttings or trimmings at any location for collection by the city. Failure to properly dispose of such cuttings or trimmings shall constitute littering and is punishable in accordance with section 28-20.6 of this code. Such removal will require a permit pursuant to section 28- 23.2. (d) Collection of items such as building debris (lumber), shingles, siding, insulation, brick, dirt, plaster, sand, gravel, large automobile parts, scrap metal, wire, dead animals and other bulky or heavy material shall not be included in the regular garbage and trash collection service furnished by the solid waste management department. The owner shall have such debris removed at this own expense. Sec. 28-21.7. Forking of debris flooded or washed upon private property. On seasonal occasions, when various types of debris from public waterways, highways or drainage systems is either flooded or washed upon private property (commercial or residential), and when carted to the curb line for collection by the city, the director of solid waste management may authorize the forking of such accumulations of debris not in containers or stacked as normally required by this article. Sec. 28-21.8. Unlawful to deposit yard waste in automated containers. (a) No person shall place any yard waste or tree and shrubbery trimmings in city furnished automated containers. (b) Yard waste to be collected by the city shall be placed at curbside by 7:00 a.m. on collection day. Yard waste may be placed in: (1) Plastic or polyethylene bags which are at least 1.5 mils in thickness and having a capacity of not more than forty-five (45) gallons or a total weight of not more than forty (40) pounds. (2) Corrugated cardboard boxes or other suitable paper containers weighing not more than forty (40) pounds and of sufficient strength to prohibit bursting when lifted. Corrugated cardboard boxes will be left at curbside by collection personnel. (3) Metallic or plastic refuse containers having a capacity of not more than thirty-two (32) gallons or a total weight of not more than fifty (50) pounds. (c) Tree and shrubbery trimmings to be collected by the city shall be placed at curbside by 7:00 a.m. on collection day. Tree and shrubbery trimmings must be: 11 f (1) Totally separated from all other waste if less than six (6) inches in diameter, other waste includes metals, lumber, paper, plastics, furniture, appliances, concrete and any other solid materials. Any waste regardless of quantity or size, mixed with tree and shrubbery trimmings constitutes a violation of this section. (2) Cut into sections not to exceed eight feet (8') in length nor six (6) inches in diameter. Sec. 28-21.9. Collection of white goods. White goods must be totally separated from all other waste to allow for separate collection. White goods are prohibited from being buried on the landfill. White goods allowed at the landfill must be deposited in the white goods recycling area as directed by the landfill personnel. It shall be unlawful to deposit any materials other than white goods in the white goods recycling area. Sec. 28-21.10. Collection of tires. Tires will be collected from residential households only. Tires must be totally separated from all other waste. A maximum of four (4) tires will be collected on collection day. Sec. 28-21.11. Disposal of yardwaste. Yardwaste is prohibited from being buried on the landfill. Yardwaste accepted at the landfill must be deposited in the compost area as directed by landfill personnel. It shall be unlawful to deposit any materials other than yardwaste in the compost area. DIVISION 3. PRIVATE COLLECTORS Sec. 28-22.1. Franchise required. No person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the city. Sec. 28-22.2. Maintenance, etc., of vehicles and other equipment. All vehicles, containers and other equipment used by private refuse collectors shall be maintained in a clean, sanitary condition and free from odors at all times and shall be equipped with water-tight bodies. Sec. 28-22.3. Inspection of containers and vehicles. 12 All containers and vehicles owned or operated by private refuse collectors shall be subject to inspection by officials of the solid waste management department to insure safety compliance and to insure that proper lids or covers are provided to prevent litter problems. Sec. 28-22.4. Collections to be made from customer's premises. Containers owned by private refuse collectors shall not be placed on any street or right- of-way within the city. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. DIVISION 4. CITY LANDFILL Sec. 28-23.1. Use by private collectors - Generally. (a) Persons engaged in the business of collecting solid waste, refuse, debris or garbage may deposit solid waste, refuse, debris or garbage at the city landfill subject to the following provisions: (1) The proper city refuse disposal permit has been purchased and is current. (2) The vehicles transporting the solid waste, refuse, debris or garbage have a current city refuse disposal permit license decal displayed thereon. (3) Section 28-23.2 has been and is fully complied with. (b) Solid waste, refuse, debris, or garbage collected within the corporate city limits, acceptable for disposal at the City of Beaumont landfill, must be disposed of at the City of Beaumont landfill. Sec. 28-23.2. Same - Disposal permit. (a) No person engaged in the business of collecting solid waste, refuse, debris or garbage shall deposit such material at any city refuse disposal area, unless he has a current refuse disposal permit issued by the director of solid waste management or his designated agent. (b) The fee for a permit required by this section shall be twenty-five dollars ($25.00) per vehicle per year or any part thereof. Each such permit shall expire on December 31st of each year. (c) When a permit is issued under this section, a decal shall be issued for each vehicle listed on the permit. Such decal shall be affixed to the left side of the vehicle windshield at all times when it is being used at any city refuse disposal area. 13 (d) The director of solid waste management, or his designated agent, is hereby authorized to revoke or suspend any permit issued under this section, to prevent the holder thereof from utilizing the city refuse disposal areas, for good cause. Sec. 28-23.3. Hours of operation. The director of solid waste management, with the approval of the city manager, is hereby authorized to establish reasonable hours of operation for the city landfill. Sec. 28-23.4. Determination of acceptability of deposits. The director of solid waste management, or his designated agent, shall have the authority to determine what solid waste, refuse or garbage shall be acceptable for deposit at the city landfill. Sec. 28-23.5. Delivery vehicles to conform to Solid Waste Disposal Act. Every vehicle used to deliver material to a city refuse disposal area shall conform to the requirements of the Solid Waste Disposal Ac;t, so that the contents of such vehicle do not escape therefrom. A person operating a vehicle which does not conform to such section shall be allowed access to such area only after he is issued a notice of, or summons for, a violation of this section. Sec. 28-23.6. Liability of officers, etc., of corporation, partnership or association for for violation of article. Any officer or agent of a corporation or member of a partnership or association, who shall personally participate in or be an accessory to any violation of this article by such corporation, partnership or association, shall be subject to the penalties provided for such violation. DIVISION 5. SERVICE FEES Sec. 28-24.1. Collection and removal charges - Residential service. (a) The solid waste management department shall systematically collect and remove garbage, trash, yardwaste, and recyclables from premises used for residential purposes. All residences in the city are subject to, and the owners or occupants are required to pay a solid waste management service fee except: 14 (1) Residences from which the owners or occupants are serviced by a private collector as defined in this article. (2) Residences on which the owners or occupants use an on-property disposal method that is approved by the city, county, and state. (3) Residences that are vacant and water service for which is discontinued. (4) Owners of vacant residences who do not require water service, will not be required to pay a garbage and trash collection fee. (b) Garbage and trash rates. No rate adjustment will be made for temporary nonuse of service. Nonpayment of the solid waste management fee shall be sufficient grounds for discontinuance of city water service. The rate for collection outside the city limits shall be one hundred fifty (150) per cent of the rate established for service inside the city limits. No type of service will be offered residences exempted under section 28-20.9(c) or for vacant lots. If a business is located in a part of a residence a solid waste management fee shall be charged for each connection to the City's water system. The following monthly rates shall be collected for solid waste management services. (1) The monthly rate for standard solid waste management services per household unit shall be $ 10.89 and shall consist of the following elements: Garbage and trash collection . . . . . . . . . . . . . . $10.08 Litter removal . . . . . . . . . . . . . . . . . . . . . . .50 Landfill closure . . . . . . . . . . . . . . . . . . . . . . .31 The monthly fee for an additional container is $2.50 per month. The additional monthly fee for twice a week collection is $3.25. Single family and owner-occupied residential units will be charged a litter removal fee at a rate of fifty cents ($.50) per unit. Multifamily dwellings and/or rented properties of two or more units will be charged a litter removal fee at a rate of twenty-five cents ($.25) per unit. (2) The monthly solid waste management fee for senior citizens shall be nine dollars and eighty-nine cents ($9.89) and shall consist of the following elements: Senior citizen garbage and trash collection $9.08 Litter removal fee . . . . . . . . . . . . . 0.50 Landfill closure fee . . . . . . . . . . . . 0.31 15 The senior citizen garbage and trash collection fee shall apply to customers residing in single-family residences who are sixty-five(65) years of age or older. To obtain the senior citizen garbage and trash collection rate, eligible persons must file a sworn application on a form provided therefor with the central collections division. The rate shall remain in effect so long as the customer residing in the single-family residence is sixty-five (65) years of age or older. Sec. 28-24.2. Same - Public, business and commercial establishments. (a) Applicability. All commercial establishments in the city are required to pay a solid waste management service fee except: (1) Institutions that haul their own garbage. (2) Institutions that have a private collector. (3) Institutions that use an on-property disposal method that is approved by the city, county, and state. (4) Institutions that are vacant and the water service is discontinued. (b) Nonpayment of the solid waste management fee shall be sufficient grounds for discontinuance of city water and sewer serving the location. (c) No rate adjustments will be made for temporary nonuse of service unless the water service is discontinued. Service shall not be provided outside the city limits. (d) Commercial establishments may be provided, at their option, the same service provided to residents. No trash service will be provided to commercial establishments. (e) It shall be unlawful for any person other than a hauler holding a valid permit under section 28-23.2 of this article to transport commercial garbage from one location to another or to a residence. (f) The rate set out in Section 28-24.1 hereof shall be the rates charged to commercial establishments. Sec. 28-24.3. Collection of charges. The charges fixed herein for the removal and disposal of all garbage and trash shall be entered by the city against the owner or occupant using or occupying any building or structure receiving such service. To avoid duplication in billing and as a convenience to the public, the department of water utilities shall include such charges on the monthly city invoice. Any person who shall fail or refuse to pay the charge herein specified within fifteen (15) days from 16 the date of the bill shall have his garbage service suspended and the director of solid waste management shall be notified immediately for appropriate action in accordance with the provisions of this article. Sec. 28-24-4. Landfill fees; permit application. (a) All persons, businesses, commercial institutions and public agencies are required to pay a sanitary landfill fee except: (1) All persons of the city and other municipality under a disposal contract may dispose of residential waste from his residence upon presenting proof of residency. (2) Non-profit, charitable organizations who operate as a necessary part of their day- to-day business vehicles owned or leased by them for the transport of waste or refuse resulting from the renovation or repair of donated used material shall be exempt from the fee requirement of this section. (b) Disposal fees shall be based on collection of refuse from either inside or outside of the city limits. The fee shall be assessed to the nearest cubic yard of refuse disposed. Inside Outside City City (1) Compacted refuse $4.00/cy $5.25/cy (2) Non-compacted refuse 3.60/cy 4.75/cy (3) Hard-to-handle refuse (materials which, because of weight, bulk or other characteristics create special problems in the disposal process) 7.00/cy 10.00/cy (4) Tires .75-$25.00 ea. .75-$25.00 ea. (5) Vacuum truck waste .07/gallon .13/gallon 17 DIVISION 6. MISCELLANEOUS Sec. 28-40. Disposal permit; condition for issuance of permit. Upon filing of an application, the manager of the landfill division shall grant such permit if the following conditions have been met: (1) Provision is available to lawfully dispose of the garbage, trash, waste or refuse within the city landfill; (2) The provisions of this article have been met; (3) The proposed removal and disposition of such garbage, trash, waste or refuse will not create a public nuisance; and, (4) The vehicle for conveyance has been inspected and measured by the landfill division; (5) Applicant has been current in payment for previous disposal services. Sec. 28-41. Revocation of permit; appeal. The permit herein authorized to be issued may be revoked by the manager of the landfill division at any time for the violation of or noncompliance with any of the provisions of this article or the conditions under which it was issued and immediately upon such revocation, the permit issued thereunder shall be surrendered to the landfill division through any of its duly authorized representatives; however, any person feeling aggrieved by such revocation shall have the right to appeal to the director of solid waste management for redress, and such appeal shall be made either by personal appearance on the part of the aggrieved party or by written communication addressed to the director of solid waste management setting forth the cause of complaint. Sec. 28-42. Landfill - Vehicles entitled to unload. All persons or businesses hauling into the city landfill shall deposit such material only in the place designated by a landfill attendant. Such dumping shall only be from Monday through Saturday during the hours of operation as determined by the Solid Waste Management Director. Sec. 28-43. Same - Unauthorized removal of material from. It shall be unlawful for any person to remove trash, waste or refuse, or any material from the city landfill without the written permission of the solid waste management director. 18 Sec. 28-44. Same - Materials not accepted. Entrance to and dumping of the following at the city landfill shall not be allowed without prior approval of the Solid Waste Management Director: (1) Junk automobiles; (2) Human excrement; (3) Inflammable liquids; (4) Dangerous chemicals; (5) Insecticides; (6) Industrial chemicals or industrial solid waste; ( ) Waste oil or grease. Sec. 28-45. Hauling of garbage, trash, waste or refuse on city streets. It shall be unlawful for any citizen, commercial establishment or private hauler to haul garbage, trash, waste or refuse on city streets without proper equipment for this purpose. No vehicle will be used for transporting this type of material unless it is equipped with: (1) Adequate side boards and tailgate to fully contain waste and prevent accidental blowing or discharge at any time. (2) Completely covered with a tarp if loose materials extend above the side boards. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 19 'e Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the & day of 1992. - Mayor - 20