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.
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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.
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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.
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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
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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).
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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.
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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.
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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.
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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.
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(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
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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:
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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.
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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.
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(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:
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(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
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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
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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
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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.
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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.
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'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 -
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