ORDINANCE NO. WHEREAS, the City of Georgetown contracts with Texas Disposal Systems for solid waste disposal services; and

Transcription

1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS AMENDING CHAPTER OF THE CITY CODE OF ORDINANCES RELATING TO GARBAGE COLLECTION AND DISPOSAL; REPEALING CONFLICTING PROVISIONS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown contracts with Texas Disposal Systems for solid waste disposal services; and WHEREAS, the City of Georgetown negotiated a new solid waste disposal service contract, effective October 1, 2012; and WHEREAS, the proposed ordinance amends the Code of Ordinances to reflect the new services contract with Texas Disposal Systems. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1: The facts and recitations contained in the preamble of this Ordinance are hereby declared to be true and correct, and are incorporated by reference herein and made a part hereof, as if copied verbatim. SECTION 2: The City Council hereby finds that this Ordinance is consistent with the comprehensive plans of the City. SECTION 3: Chapter of the Code of Ordinances is hereby amended as shown in Exhibit A. SECTION 5: All Ordinances and Resolutions, or parts of Ordinances and Resolutions that are in conflict with this Ordinance are hereby repealed, and no longer in effect. SECTION 6: If any provisions of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are hereby declared to be severable. Ordinance Number: Page 1 of 12

2 SECTION 7: The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force on November 1, 2012 in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of PASSED AND APPROVED on Second Reading on the day of ATTEST: THE CITY OF GEORGETOWN: Jessica Brettle City Secretary George Garver Mayor APPROVED AS TO FORM: Bridget Chapman Acting City Attorney Ordinance Number: Page 2 of 12

3 Sec Definitions. CHAPTER GARBAGE COLLECTION AND DISPOSAL As used in this Chapter, the following terms have the respective meanings ascribed to them: "Backyard Composting" means the on-site process of composting, at the household level, using Composting Bins or Contained Areas of organic matter, where the biological decomposition of organic materials such as leaves, grass-clippings, brush and food scraps are processed into a soil amendment for use at the same location. "Bags" means a paper or plastic sack, designed to store Trash, having sufficient wall strength to maintain physical integrity under normal loading when lifted by the top. Bag Tag means a self-adhesive sticker approved for use by City Staff which must be affixed to all Solid Waste Bags and Solid Waste Bundles that exceed the quantity limits for Solid Waste Services or for Yard Trimmings Service. "Bulky Waste" includes appliances, furniture and other large waste materials or items that do not fit in the Cart. "Bulky Waste" does not include Construction Debris, refrigerant-charged appliances or Unacceptable Waste. "Bundle" means Yard Trimmings, Solid Waste or newspapers and magazines securely tied together forming an easily handled package, not exceeding four feet in length or 35 lbs. in weight. "Cart" means a receptacle, equipped with wheels and a center bar, with a capacity of approximately thirty-five (35), sixty-four (64), or ninety-six (96) gallons, designed to be mechanically dumped into a loader-packer type truck via a fully-automated truck arm or semiautomated truck tipper and includes Recycling and Solid Waste Carts. "City" means the area within the corporate limits of the City as it now exists and as may hereafter be changed, and also those areas outside the corporate limits of the City where a Utility Service is provided by the City, except in those instances where a contrary intent is apparent. Collection means the removal and transportation of Solid Waste, Recyclable Materials, Yard Trimmings and Bulky Waste. "Compost" means a mixture of decayed or decaying organic matter, such as Yard Waste and vegetable scraps that have been deposited into a Composting Bin or Contained Area in order to encourage decomposition as a result of the action of aerobic bacteria, fungi, and other organisms for the specific purpose of improving soil structure and providing nutrients. Compostable Paper Bag means a paper sack, designed to contain Yard Trimmings, having sufficient wall strength to maintain physical integrity under normal loading, when lifted by the top, weighing no more than 35 lbs "Composting Bin" means an enclosed container used for the particular purpose of making Compost. "Construction or Demolition Waste" means materials that are directly or indirectly the Ordinance Number: Page 3 of 12

4 by-products of construction or demolition of buildings and other structures, including, but not limited to, paper, cartons, gypsum board, wood, rubber and plastics, and as defined in 30 Texas Administrative Code as amended. "Contained Area" means a location enclosed within a durable material that prevents the contents from blowing or otherwise separating from the other contents including, but not limited to, sturdy woven wire fencing, rot-resistant wood, or a Composting Bin which will provide adequate aeration. "Contractor" means the person or entity the City contracts with to provide Solid Waste Collection and Disposal Services and/or Recycling Collection and Services. Curbside means the location within three (3) feet of the curb of the street abutting a property. "Customer" means any entity or person, residential or non-residential that uses or pays to use one or more City Utility Service. Dumpster means an ANSI approved receptacle, with a capacity of approximately two cubic yards up to approximately ten cubic yards, equipped with tight-fitting lid and designed to be mechanically dumped into a loader-packer type truck. General Manager of Utilities means the City s General Manager of Utilities or a person authorized to act for the General Manager of Utilities. Hazardous Waste means any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 United States Code, 6901 et seq., as amended. "Mulch" means ground, coarse, woody yard trimmings and clean wood material used as a protective cover placed over the soil to retain moisture, reduce erosion, provide nutrients, and suppress pests and weed germination and growth. "Mulching" means the grinding and processing of Yard Trimmings. "Non-residential Customer" means an entity or person that occupies a dwelling, building or structure for any non-domestic purpose and uses or pays to use Utility Services. "Recyclable Material" means material that has been recovered or diverted from the solid waste stream for purposes of reissue, recycling, or reclamation. A current list of Recyclable Materials may be obtained from the Department of Environmental Services or the Utility Department and may include the following materials, unless otherwise provided in this Contract: plastics #1 through #7, mixed paper, magazines, telephone books, chipboard, corrugated cardboard, clean and empty glass containers, bagged plastic bags, aluminum foil, pizza boxes, gable top cartons, steel, aluminum, and beverage containers. Recycling Cart means a Contractor-provided Cart for use in the collection of Recyclable Material. Ordinance Number: Page 4 of 12

5 Recycling Services means a Single Stream system for the collection of Recyclable Materials and Recycling of Recyclable Materials at a Recycling Facility. "Residential Customer" means a person that occupies a dwelling, building or structure, solely for domestic purposes, who uses or pays to use Utility Services. "Roll-Off Compactor" means a compactor that is stationary or self-contained and mobile, with a capacity of 20 cubic yards or greater that performs compacting functions and that is served or able to be serviced with a roll-off truck. Single Stream means a system in which all Recyclable Materials are commingled and do not have to be separated prior to Collection "Solid Waste" means Trash, Bulky Waste, Construction or Demolition Waste, and Yard Waste. "Solid Waste" does not include Unacceptable Waste Solid Waste Bag means a plastic bag designed to contain Solid Waste having sufficient wall strength to maintain physical integrity under normal loading, when lifted by the top, and weighing no more than 35 lbs. Solid Waste Cart means a Contractor-provided Cart utilized for Solid Waste Services. Solid Waste Services means collection of Solid Waste and disposal of Solid Waste at a Disposal Site. Tier I Customer(s) means Customer located inside the corporate boundaries of the City, as those boundaries may change from time to time. Tier II Customer(s) means Customer located outside the corporate boundaries of the City who is also a customer of the City s water, wastewater, or electric service. "Tier III Customer(s) means Customer located outside the corporate boundaries of the City who is not a customer of the City s water, wastewater, or electric service. Customer located in special districts (e.g., Municipal Utility Districts) and/or the special districts themselves, who have agreed to accept Residential Services or Non-Residential Services under contract with the City, shall be Tier III Customer(s), unless the General Manager of Utilities and Contractor mutually agree that such Customer(s) shall be Tier II Customer(s). "Trash" means wastes resulting from domestic or commercial operations incident to urban life. "Trash" does not include Unacceptable Waste. "Unacceptable Waste" means: 1. Hazardous Waste; 2. Waste which is now or in the future prohibited from disposal at a sanitary landfill by a federal, state or local law or regulation; 3. Waste that requires other than normal handling, storage, management and/or disposal; 4. Dead animals, except for animals euthanized under authority and direction of the City; 5. Livestock and slaughterhouse waste; and Ordinance Number: Page 5 of 12

6 6. Waste which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical, infectious or other characteristics jeopardizes or may jeopardize the environmentally sound operation of a disposal site. "Utility Service" means one or more of the following services provided by the City: water service, sewer service, drainage service, electrical service or Solid Waste Collection and Disposal Service. "Waste Collection and Disposal Service" means the services provided by the Contractor pursuant to the contract with the City, including but not limited to Solid Waste collection and disposal, Recycling Collection and processing, Yard Trimmings Collection and processing, and Bulky Waste Collection and disposal. "Yard Trimmings or Waste" means tree limbs, grass and plant clippings, and tree or brush trimmings that are bagged or bundled for Roadside collection. Yard Trimmings Services means collection of Yard Trimmings and Composting or Mulching of Yard Trimmings at a Yard Trimmings Facility. Sec Accumulation of waste prohibited. A. It is unlawful for any person or entity to place, permit to be placed, or cause to be placed any Solid Waste or Unacceptable Waste of any kind on public or private property outside of any residence, building, structure in the City, unless the same has been placed in accordance with the provisions of this Chapter. B. It is unlawful for any person or entity to cause or permit to be or remain in or upon public or private property, any animal, vegetable or mineral matters of any composition, or residue thereof, which is an unsanitary condition or injurious to public health. If any such matters or residue remains in or upon any property for more than five days it will be presumed that the condition is unsanitary or injurious to public health. Sec Backyard composting and mulching. A. Backyard Composting shall be carried out by the owner or occupant of a residential property in accordance with the following requirements: 1. Backyard Composting shall take place only in a Contained Area or Composting Bin. 2. Backyard Composting shall take place at the rear of the property and shall be located at least five feet from any property line and at least 20 feet from any dwelling unit, deck, patio or outdoor living area associated with an adjacent property. 3. A Composting Bin or Contained Area used for Composting shall not exceed three cubic yards in size. 4. For residential dwellings containing more than four units, Backyard Composting is limited to Composting Bins. Ordinance Number: Page 6 of 12

7 5. The following materials shall not be used in Backyard Composting: meat, bones, fat, oils, dairy products and other greasy kitchen wastes, whole branches or logs, plastics, synthetic fibers, human or household pet wastes or heavily diseased plants. 6. No offensive odor shall be permitted to emanate from the Compost Bin or Contained Area. 7. Composting shall be maintained so as to not attract insects, vermin or animals. 8. Compost shall be layered, aerated, moistened, turned, managed and covered during inclement weather to promote effective decomposition of the materials in a safe, secure and sanitary manner. B. Mulching shall be carried out by the owner or occupant of a residential property in accordance with the following requirements: 1. Mulch generated on-site for use in residential yards, gardens or landscaping shall consist of chipped, shredded, or ground vegetation, Yard Waste, clean and processed recycled wood products, or mixed food waste. 2. Mulch generated on-site must be used on site. 3. Mulch generated on-site for future use must be stored in a Contained Area. C. Composting, Mulching, and land application of Compost and Mulch shall be conducted in a manner that prevents the discharge of material to or the pollution of surface water or groundwater in accordance with the provisions of the Texas Water Code, Chapter 26, and any other applicable statute or regulation. D. Composting, Mulching, and land application of Compost and Mulch shall be conducted in a sanitary manner that shall not create nuisance conditions, as prohibited by the Texas Health and Safety Code, Chapters 341 and 382 (relating to Minimum Standards of Sanitation and Health Protection Measures; and Clean Air Act), the Texas Water Code, Chapter 26 (relating to Water Quality Control), and any other applicable statute or regulation. E. This Section does not apply to Non-Residential Customers. Sec Waste collection and charges mandatory; exceptions. A. Required. 1. Except as otherwise provided in this Chapter, the Contractor will be the exclusive provider of Waste Collection and Disposal Service for all owners, occupants, tenants and lessees using or occupying any building, house or structure within City. 2. Since the proper and prompt removal of waste is essential to the preservation of public health and safety, every person, owner, occupant, tenant or lessee, using or occupying any premises as a residence or for any non-residential purpose shall be charged at least the minimum charge set forth in Section of this Code for the Waste Collection and Disposal Service to provide for equitable distribution of the cost of this service for the benefit of the entire citizenry. 3. Every owner, agent, lessee, tenant or occupant of any residence, building, structure, or commercial establishment where persons reside, occupy, board or lodge, or where animal or Ordinance Number: Page 7 of 12

8 vegetable food is prepared or served, shall provide the residence, building, structure or commercial establishment with a Cart or Dumpster, and shall maintain the Cart or Dumpster in good order and repair. 3. Where a building, house or structure houses multiple entities, occupants or tenants, one person or entity may elect to be responsible for the payment of charges for Waste Collection and Disposal Services for all other Customers in the building, house or structure. The election shall be made in writing and filed with the Utility Department. In the absence of such a written election, each Customer in the building will be charged for Waste Collection and Disposal Services on the Customer's utility bill. B. Exceptions. 1 Environmental Services Department Exemption. a. Customer shall file an application for exemption with the Environmental Services Department demonstrating that there is no need for Waste Collection and Disposal Service and that one of the following qualified exemptions applies: i. The building or property is empty and unoccupied, with no lawn service; ii. The property is being used for a cemetery and does not have an office; or iii. The property is being used for agricultural purposes. b. Customer shall provide documentation requested by the Environmental Services Department and shall make the property available for inspection if requested by the Environmental Services Department. c. The Environmental Services Department shall approve the application for exemption if there is no need for Waste Collection and Disposal Services and a qualified exemption applies. The exemptions will no longer be valid should the property owner request solid waste services from the City or if there is a change in land use. 2. Utility Department Exemption. An application for exemption is filed with and approved by the Utility Office demonstrating that a property is both vacant and under contract to sell. a. Customer shall file an application for exemption with the Utility Department demonstrating that there is no need for Waste Collection and Disposal Services and that the property is both vacant and under contract to sell. b. Customer shall provide documentation requested by the Utility Department and shall make the property available for inspection, if requested by the Utility Department. c. The Utility Department shall approve the application for exemption if there is no need for Waste Collection and Disposal Service and the property is both vacant and under contract to sell. C. Comments concerning the Contractor and/or Waste Collection and Disposal Service should be directed to the Contractor or to the Environmental Services Department. Ordinance Number: Page 8 of 12

9 Sec : Standard Services A. Standard Residential Services. 1. Solid Waste Services for Tier I and Tier II Customers. All Solid Waste contained in Solid Waste Carts shall be collected one (1) time per week, on a scheduled collection day. a. From October 1, 2012 through September 31, 2013, up to two additional Solid Waste Bags/Bundles will be collected without a Bag Tag, in addition to the contents of the Solid Waste Cart. b. From October 1, 2013 through September 31, 2014, one additional Solid Waste Bag/Bundle will be collected without a Bag Tag, in addition to the contents of the Solid Waste Cart. c. After October 1, 2014, no additional Solid Waste Bags/Bundles will be collected at the curb without a Bag Tag. c. Additional Bags/Bundles will be collected, if there is a Bag Tag, purchased from the City and attached to each additional bag. 2. Single Stream Recycling Services for Tier I and Tier II Customers. Recyclable Materials contained in a Recycling Cart shall be collected one (1) time every other week. Recyclable Materials do not have to be separated by type prior to collection. 3. Seasonal Yard Trimmings Services for Tier I Customers only. All Yard Trimmings contained in up to twenty (20) Bundles or Compostable Paper Bags shall be collected one (1) time every other week, on the alternate scheduled collection day as Contractor collects Recyclable Materials during the following months of the year: a. Spring Seasonal Collection: from the first Monday in the month of March through the last Friday in the month of May. b. Winter Seasonal Collection: from the first Monday of the month of November through the second Friday in the month of January. c. Additional Bags/Bundles will be collected during Seasonal Collection months if there is a Bag Tag, purchased from the City and attached to each additional bag or bundle. 4. Bulky Waste Services. Upon request of a Tier I Customer, Contractor shall collect two times per calendar year, on a Collection day agreed upon by the Contractor and Customer, 3 cubic yards of Bulky Waste from each Resident. Tier II Customers may request Bulky Waste services at a rate to be negotiated with Contractor. B. Standard Non-Residential Solid Waste Services. Within the City Limits, Contractor shall collect, on a frequency from one (1) time every week up to seven (7) times per week, on a scheduled Ordinance Number: Page 9 of 12

10 Collection day(s) the number and size of Solid Waste Carts, Dumpsters, or Roll-off Compactors mutually agreed upon by Customer and Contractor. C. Collection Station Services. The Collection Station will be open to the public Monday through Saturday during the times posted at the Collection Station. 1. Free mulch, when available, will be provided to residential Solid Waste customers living inside the City Limits. 2. All drop-off services for Solid Waste, Bulky Waste, Sedimentary Rock, Yard Trimmings and Recyclable Materials provided at the Collection Station will be fee-based services, at the prices posted at the Collection Station. Sec Collection of solid waste and recyclable materials. A. The owner and the occupant, tenant or lessee of the property served by the Contractor are each responsible for compliance with this Chapter. The City's utility billing records are prima facie evidence of the identity of the utility account holder. B. All Trash shall be placed for collection only in Bags and Carts for Residential Customers and in Bags, Carts, or Dumpsters for Non-Residential Customers. C. Bulky Waste collection is available by appointment only for Residential Customers residing within the City limits. Customer shall schedule the appointment for Bulky Waste collection directly with the Contractor. Bulky Waste shall be placed on the Curbside for collection no more than 24 hours prior to the scheduled collection day. D. Yard Trimmings or Waste must be securely tied together with string or twine in Bundles not exceeding four feet in length or 35 lbs. in weight. E. Bags and Carts shall be placed for collection between 5:00 p.m. the night preceding collection day and 7:00 a.m. of collection day and shall be placed as close to the Curbside as practicable without interfering with vehicles or pedestrians. Carts and Bags not collected on collection day shall be removed from the Curbside by 7:00 a.m. the day following the collection day. F. Only Recyclable Materials approved by the City shall be placed in Recycling Carts. G. Unacceptable Waste. Waste Collection and Disposal Service does not include collection or disposal of Unacceptable Waste. Unacceptable Waste must be legally disposed of through other facilities or services Sec Rates generally. The rates for Waste Collection and Disposal Service under the provisions of this Chapter shall be determined and fixed by the City Council. Such rates shall at least be in an amount necessary to meet the cost of the Waste Collection and Disposal Service under this Chapter. Waste Collection and Disposal Service rates shall be available in writing at the Environmental Services Department and the Utility Department offices during business hours and will also be available on the City of Georgetown s website. Ordinance Number: Page 10 of 12

11 Sec Calculation of Catastrophic storm cleanup cost Catastrophic storm cleanup will be provided, within the City limits, by a contractor appointed by the City, at the discretion of the General Manager of Utilities or his assignee. Costs for catastrophic storm cleanup will be assessed evenly to all Tier I customers as a one-time charge, additional to the monthly sanitation fee on the utility bills, after the cleanup has been completed and the cost of the cleanup has been established. Sec Use of another's cart or dumpster Meddling with or scattering contents of recycling bin, recycling container, cart or dumpster. A. It is a violation of this Chapter: 1. For any owner, occupant, tenant or lessee, using or occupying a building, house or structure as a separate unit, to utilize the Cart or Dumpster of another owner, occupant, tenant or lessee for the disposal of Solid Waste to evade the payment of charges for Waste Collection and Disposal Services; 2. For any person to meddle with any Bag, Cart, Dumpster, Recycling Bin or Recycling Container unless such Bag, Cart, Dumpster, Recycling Bin or Recycling Container is owned or controlled by such person, or unless such person is an authorized collector of the contents under this Chapter; or 3. For any person to scatter, scavenge from, disturb, or remove the contents of any Bag, Cart, Dumpster, Recycling Bin, or Recycling Container. B. Exception. Non-residential Customers that are adjacent to or within the same complex may share a Dumpster under the following circumstances, if authorized in writing by the Utility Billing Department. 1. One Non-residential Customer (primary) must take full responsibility for the cost of the Dumpster by including and paying the total cost of the Solid Waste service on the utility bill. 2. The primary Customer must provide the Utility Billing Department with written authorization for other Non-residential Customers to share the Dumpster 3. Determination of how the cost of the Dumpster will be shared between the Non-residential Customers is the responsibility of the Non-residential Customers. Sec Failure to pay charges Suspension of utility service. The City shall bill charges for Waste Collection and Disposal Service to the Customer monthly. The Customer must pay the all billed charges when due. If all charges are not paid when due, the City has the right to suspend Waste Collection and Disposal Services and any other Utility Service. Utility Service shall not be resumed until all charges due have been paid in full, including additional charges for disconnection and resumption of Utility Service. Such charges are fixed, and may be increased or decreased, by City Council. Charges are available in writing at the Utility Department offices during business hours. Sec Violations and penalties. A. An entity or person who violates the provisions of this Chapter, upon conviction, shall be punished Ordinance Number: Page 11 of 12

12 in accordance with the provisions of Section of this Code. Each violation shall constitute a separate offense. The City also has the power to enforce the provisions of this Chapter through civil court action. B. First time violators of this Chapter will receive a written warning. C. The actual cost incurred by the City to remove any uncontained or loose Solid Waste or Unacceptable Waste shall be billed to the active utility account for the property. If there is no active utility account for the property, the cost shall be billed to the owner of the property or the owner's designated property-management company. Ordinance Number: Page 12 of 12