HomeMy WebLinkAboutPR 21882: APPROVAL TO EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT INTEROFFICE MEMORANDUM
Date: April 5, 2021
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Kandy Daniel, Interim Finance Director
RE: P.R.21882—Approval to Execute a Commercial Refuse Disposal Contract
Introduction:
The intent of this Agenda Item is to seek City Council's approval for the City Manager to
Execute a Commercial Refuse Disposal Contract between the City of Port Arthur and Paragon
Southwest Medical Waste.
Background:
It is to the benefit of the City of Port Arthur(City)to increase its solid waste revenues by
promoting the use of its sanitary landfill. Paragon Southwest Medical Waste of Anahuac,
Texas has submitted an application to dispose of refuse at the City's sanitary landfill of which
a significant amount of its eligible collection volume comes from commercial establishments
that it serves both inside and outside of the city. The City's sanitary landfill has adequate
capacity to handle the additional waste that would be deposited.
Budget Impact:
Solid waste revenue will increase for landfill operations support.
Recommendation:
It is recommended that City Council authorize City Manager to execute a Commercial Refuse
Disposal Contract between the City of Port Arthur and Paragon Southwest Medical Waste of
Anahuac, Texas as discussed and/or outlined above.
P.R. No. 21882
KD 4/5/2021
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMMERCIAL REFUSE DISPOSAL CONTRACT
BETWEEN THE CITY OF PORT ARTHUR, TEXAS AND
PARAGON SOUTHWEST MEDICAL WASTE OF ANAHUAC,
TEXAS FOR THE PURPOSE OF DISPOSING OF REFUSE AT THE
CITY'S SANITARY LANDFILL.
WHEREAS, it is to the benefit of the City of Port Arthur (City) to increase its solid
waste revenues by promoting the use of its sanitary landfill; and,
WHEREAS, Paragon Southwest Medical Waste of Anahuac, Texas has submitted an
application to dispose of refuse at the City's sanitary landfill, of which a significant amount of its
eligible collection volume comes from commercial establishments that it serves both inside and
outside of the city; and,
WHEREAS, the City's sanitary landfill has adequate capacity to handle the additional
waste that would be deposited by Paragon Southwest Medical Waste; and,
WHEREAS, the City and Paragon Southwest Medical Waste have developed a contract
that could generate additional solid waste revenues for the City that will provide additional
support for the operation of the City's sanitary landfill.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is hereby authorized to execute a Commercial
Refuse Disposal Contract between the City of Port Arthur and Paragon Southwest Medical
Waste of Anahuac, Texas, in substantially the same form as the contract attached hereto as
Exhibit"A".
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes
of the Corporation.
READ, ADOPTED, AND APPROVED on this day of April, A.D., 2021, at a
Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
k
Valecia R. Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ron Burton, City Manager
kCiLA_O
Kandy Dani , Interim Finance Director
EXHIBIT "A"
COMMERCIAL REFUSE DISPOSAL CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
KNOW ALL MEN BY THESE PRESENTS:
This contact was made and entered into by and between the City of Port Arthur, acting by
its City Manager or his designee and hereafter styled"City", and Paragon Southwest Medical
Waste hereafter styled"Hauler", whose business address and phone number are as follows:
7505 Hwy 65
Anahuac, TX 77514
Telephone:
515-337-3089
I
Hauler shall agree to all terms as outlined in Ordinance 16-05 which amends the City Code of
Ordinances Chapter 86, section 79(c) and (d), as it pertains to the collection and disposition of
refuse and the refuse disposal rate schedules.
II
In consideration for the monthly payment of fees, Hauler may dispose of refuse at the City's
landfill. Hauler shall pay a deposit in advance in the sum of$1,000.00 with the City to be held to
secure any delinquent charges. Fees shall be billed monthly provided credit is approved and
Hauler agrees to all terms as outlined below and in the submitted application.
III
Hauler shall identify in detail the refuse to be disposed of and where it was generated.
IV
Hauler shall then be able to dispose of refuse at the City's landfill. The City has the right to
increase the required deposit if monthly volumes increase.
V
Hauler shall pay all arrears within 25 days of billing and failing to do so will incur a late fee of
ten percent of the arrears. If collections proceedings are required, Hauler shall also pay attorney
fees and court costs.
VI
The Director of Public Works or his designee has the discretion to not allow Hauler access to the
landfill if Hauler's account is delinquent, or wants to dispose of refuse that is not allowed in the
landfill, or refuses to state where the waste was generated, or refuses to dispose of refuse in the
designated area.
VII
In further consideration, Hauler agrees to release the City and its employees from any damages
or injuries that result using the City's landfill, and agrees to indemnify and hold harmless the
City, its agents, and its employees, from all liability, damages, injuries, claims, causes of action,
and expenses arising in connection with its use of the City's landfill.
VIII
This contract shall be from month to month, but may be canceled by either party upon giving ten
days written notice, mailed from the respective address indicated in this contract. This contract
may be immediately canceled by the City, when Hauler violates any rules governing the use of
the City's landfill.
SIGNED and AGREED to on this day of April 2021.
Paragon Southwest Medical Waste
By:
Name:
Title:
SIGNED and AGREED to on this day of April 2021.
THE CITY OF PORT ARTHUR
By:
Name:
Title: City Manager
APPROVED:
Director of Public Works
Landfill Credit Application t r111- �
Name/Address
Last: First: Middle Initial: Title
clampitt George
Name of Business. Paragon Southwest Medical Waste Tax I.D.Number
Address: 7505 Hwy65 Email Address: gclampitt@paragonmedwaste.com
City: Anahuac State: TX ZIP: 77514 Phone: 5153373089
Company Information
Type of Business: In Business Since:
Legal Form Under Which Business Operates:(Please Attach Articles of Incorporation,Partnership Agreement,DBA Certificate)
Corporation X Partnership❑ Proprietorship❑
If Division/Subsidiary,Name of Parent Company: In Business Since:
Name of Company Principal Responsible for Business Transactions: Title:
Same as above
Address: City: State: ZIP: Cell Phone:
Name of Company Principal Responsible for Business Transactions: Title:
Address: City: State: ZIP: Cell Phone:
Bank References
Institution Name: Institution Name: Institution Name:
suntrust
Checking Account#: Savings Account#: Loan: Loan Balance:
Address: Address: Address:
2 Blvd Place Ste 600
Houston, Texas 77056
Phone: 713-265-6811 Phone: Phone:
Trade References
Company Name: CHE Company Name: Delta Refractories Company Name: Darr Equipment
Contact Name: Chris Cheung Contact Name: Rhett Walla Contact Name: kevin Williams
Address: Address: Address:
1270 N. Red Gum St 21557 Provincial blvd, suite a 7607 Wallisville rd
Anaheim, CA katy, TX 77450 houston, tx 77020
Phone: 714-330-4491 Phone: 281-391-1320 Phone: 800 964 5438
Account Opened Since: 2012 Account Opened Since: 2018 Account Opened Since: 2018
Credit Limit: Credit Limit: Credit Limit:
Current Balance: Current Balance: Current Balance:
I hereby certify that the information contained herein is complete and accurate. This information has been furnished with the
understanding that it is to be used to determine the amount and conditions of the credit to be extended.Furthermore,I hereby authorize
the financial institutions listed in this credit application to release necessary information to the company for which credit is being applied
for in order to verify the information contained herein.
C 3/31/21
Signatur Date
Hauler Questionnaire
1. What type of refuse do you plan to dispose of at Port Arthur's Landfill and what is the estimated
monthly volume?
Refuse Type Estimated Monthly Volume
C'nmrartPrl Wactr. Cubic Yards
(Non-Compacted Waste) 25 Cubic Yards
Appliances Number
Whole Tires Number
Tree limbs/Brush Cubic Yards
Other
2. Identify in detail where the refuse will be generated? (primary picked up locations)
Will be generated on-stie at PSMW
We have a pyrolysis process which kills microbes to a
six-sigma level. Once the waste is treated by our system there is a ash residue left that TCEQ has
authorized us to dispose of in a standard MSW
landfill.
3. Monthly Credit Amount Requested: 1-2 rolloffs per month
Terms of Account
Hauler must have a signed contract in order to dispose of Refuse at Port Arthur's Landfill.
Hauler has the option to pay by cash or credit card on delivery.
Hauler understands that if credit is requested from the City of Port Arthur, the following conditions
apply:
- Credit must be approved by the Director of Public Works.
- An advance deposit(minimum $1,000) is required if credit is approved. The required amount is
contingent upon review of the haulers credit and the estimated monthly charges. The City has
the right to increase the required deposit if monthly volumes increase.
- Hauler shall pay all arrears within 25 days from billing date.
- Payment received after due date shall incur a late fee of 10%of the arrears and Hauler shall not
be allowed to access the Landfill until such time as the account is paid in full.
The Director of Public Works or his designee has the discretion to not allow Hauler access to the landfill
if Hauler's account is delinquent, or wants to dispose of refuse that is not allowed in the landfill, or
refuses to state where the waste was generated, or refuses to dispose of refuse in the designated area.
In further consideration, Hauler agrees to release the City and its employees from any damages or injuries
that result using the City's landfill, and agrees to indemnify and hold harmless the City, its agents, and its
employees, from all liability, damages, injuries, claims, causes of action, and expenses arising in
connection with its use of the City's landfill.
3/31/21
Signatur2' Date
Below for Internal Use Only
Rkkrzt fit; n ' .ikh.�os k
Company Name
Comments .2 5 x 6 ,5L : i b L .50 C u
Credit Approved Yes ✓ No
If Yes, Monthly Credit Limit $
Deposit Amount Required (,v..- $
Reviewed By:
Date
Approved By:
�_,44), �' L` ` "`� ' 1 - 2-c, L
Director of Public Works Date
Jon Niermann, Chairman c1,TE 0�
Emily Lindley, Commissioner
Bobby Janecka, Commissioner H )(! 4!�
Toby Baker,Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
March 31, 2021
Mr. Jorge Morales
City of Port Arthur
P.O. Box 1089
Port Arthur, Texas 77640
Subject: City of Port Arthur Landfill- Jefferson County
Municipal Solid Waste - Permit No. 1815A
Special Waste - Request for Authorization Approval
Tracking No. 26023517; RN100225390/CN600132021
Dear Mr. Morales:
The above landfill is authorized to accept ash from an incineration operation, a special
waste pursuant to 30 Texas Administrative Code (30 TAC) Section §330.3(154)(M), for a
twelve month period starting from the date of this letter, provided that the following
conditions are met:
• A copy of this authorization accompanies each shipment.
• The limit of 25 cubic yards per year is not exceeded within a year of the date on this letter.
• Toxicity Characteristic Leaching Procedure (TCLP) analysis is run for the eight Resource
Conservation and Recovery Act (RCRA)metals and TCLP results do not exceed the levels
listed in 30 TAC §335, Subchapter R, Appendix 1, Table 1 for disposal at the above cited
landfill.
• Copies of all documentation relating to this waste are submitted to the landfill operator
before the landfill receives the waste for disposal.
This authorization is subject to the receiving landfill remaining in compliance with the
Municipal Solid Waste Management Regulations (Title 30 TAC, Chapter 330) and is subject to
review by the Executive Director should federal or state statutes or regulations change.
Although the above cited landfill is authorized to accept the above cited waste subject to the
provisions stated above, the landfill is not required to accept the waste. Please be reminded
that the landfill may require additional information before acceptance.
P.O.Box 13087•Austin,Texas 78711-3087.512-239-1000•tceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
printed on recycled paper
Mr. Jorge Morales
Page 2
March 31, 2021
If you have questions regarding this letter, please contact me at Arthur.Denny@tceq.texas.gov
or in writing at the address on our letterhead(please include mail code MC 124 on the first
line).
Sincerely,
Arrt -wr P e4 4 A3
Arthur Denny, Senior Scientist
Municipal Solid Waste Permits Section
Waste Permits Division
Texas Commission on Environmental Quality
Enclosures
Texas Commission on Environmental Quality
Request for Authorization for Disposal of a Special Waste
This form must be used to request authorization to dispose of a special waste in a municipal solid waste(MSW)
landfill. Please complete this form and return to TCEQ (see Section D for submission options). If you have
any questions about how to fill out this form,please contact the TCEQ Office of Waste,Waste
Permits Division, at(512) 239-2335.
A. General Information (required)
Source of the waste: ❑ Industrial ❑ Municipal ❑ Oil and Gas
Waste generated outside of Texas: ❑ Yes 0 No
Generator Company Name:
Generating Site Location:
Texas Registration No.: Texas Waste Code No.:
(for industrial generators only,also provide waste code no.) (for industrial generators only,also provide registration no.)
Generator Mailing Address: City: State: Zip:
Generator Contact: Phone: Fax:
Email:
Representative/Consultant Name(if applicable):
Mailing Address: City: State: Zip:
Contact: Phone: Fax:
Email:
Destination Landfill Name (required)
Municipal Solid Waste(MSW) Permit No.: RN:
Landfill Mailing Address: City: State: Zip:
Landfill Physical Address: City: State: Zip:
Contact: Phone: Fax:
Email:
B. Waste Composition:
Detailed description of waste (required)
Attach available analytical results including sample documentation, quality control data for each analysis, and
chain of custody, material safety data sheets, and/or process knowledge used to characterize the waste:
Description of process generating the waste(required)
Total volume of waste (required) One-time shipment? ❑ Yes ❑ No
TCEQ-0152 (rev. 01-06-17) Page 1 of 5
B. Waste Composition(continued)
Material Proportion of Waste (%)
t00% (Total must be t00%)
Physical Characteristic(s) of Waste(s): Free Liquid?
[] Solid [] Semi-solid []Yes [] No
[ ] Powder [] Liquid
C. Generator/Representative Certification (required)
I certify that the above information is correct and complete to the best of my knowledge and that the waste is
not hazardous as defined in 4o CFR Part 261. I am authorized to sign this request for the Generator listed
above.
Name(print):
Employer:
Signature: Date:
D. Submission Options
Email: Scan this completed form and send to swaste@tceq.texas.gov
Mail: MC 124
Waste Permits Division
Texas Commission on Environmental Quality
P.O. Box 13087
Austin,Texas 78711-3087
Fax: (512) 239-2007
TCEQ Use Only
Constituent of concern:
Comment:
[]Approved [] Disapproved
Reviewed by: Signature Title: Date:
Approved by: Signature Title: Date:
TCEQ-0152 (rev. 01-06-17) Page 2 of 5
Instructions for completing Form TCEQ-o152
Request for Authorization for Disposal of a Special Waste
Generators must complete and submit form TCEQ-o152 to request authorization to dispose of a special waste
in a municipal solid waste (MSW) landfill. All required fields must be completed for authorization.
A. General Information
Generator Name —The name of the generator or facility that generated the waste for which the request is
submitted. (In some cases a "Broker"will be identified as the generator. A"Broker" is a company in Texas
that assists a company in Mexico.)
Generator Mailing Address —The mailing address of the site at which the waste was generated.
Generating Site Location—The physical address or location of the site at which the waste was
generated.
Texas Registration Number— For information regarding Texas Registration Numbers, contact the
Registration and Reporting Section at(512) 239-6413.
Texas Waste Code — For information regarding Texas Waste Code, contact the Registration and
Reporting Section at(512) 239-6413.
Generator Contact — Name of the person employed by the generating facility. Telephone, fax and email
should be included.
Representative Mailing Address —Address of the person submitting the request(if different from
generator, e.g., Broker, Consultant). Telephone, fax and email should be included.
Requested Destination of Waste — The requestor must specify the municipal solid waste (MSW)
landfill name, permit number, mailing address, physical address,telephone number(with area code) and
point of contact name.
B. Waste/ Chemical Composition
Description of Waste— Brief description of the waste for which the request is submitted. Description
should include the material, contaminants, and source of contamination. Attach available chemical
analysis results including sample documentation, quality control data for each analysis, and chain of
custody, material safety data sheets, and/or any process knowledge used to characterize the waste. (see
detailed instruction —last 2 pages of instructions)
Description of Process Generating the Waste —A brief description of the process that caused the
material to become a waste.
Volume of Waste — Indicate the volume of waste to be disposed in cubic yards, and disposal frequency
(one-time,weekly, monthly, or annual shipment).
Percentage of Materials Comprising the Waste — List the materials that make up the waste, and
their proportions.
Physical Characteristic of Waste — Indicate whether solid, semi-solid, powder or liquid.
Free Liquid? — Indicate whether the waste contains free liquids (free liquids are prohibited from landfill
disposal).
Flash Point— Flash point measured for the material to be disposed.
pH — pH of the material to be disposed (used primarily for wastes that exhibit very basic or acidic
characteristics).
C. Generator/ Representative Certification
Requestor MUST sign and date the form before submittal to the TCEQ.
D. Submissions options
This form can be submitted to TCEQ by mail, fax or email. Please allow 14 days for the authorization
process. Each submittal will receive an agency response.
TCEQ-0152(rev. 01-06-17) Page 3 of 5
Waste Classification
Documentation Requirements
Part I. Introduction
The Texas Commission on Environmental Quality(TCEQ) randomly audits a portion of waste stream
notifications in order to ensure proper classification and coding of waste in Texas. When a generator
receives a request for information for the purpose of an audit,the information that a generator has
gathered to classify and code his waste stream must be submitted to the TCEQ. The following information
may assist you in gathering the analytical data, quality control data,sample documentation and/or process
knowledge that may be used in classifying and coding a waste stream.
Part II. Hazardous Waste Determination
The first step in the waste classification process is the hazardous waste determination. To demonstrate that
a waste is not a hazardous waste it is necessary to demonstrate that the waste: 1) is not a listed
hazardous waste as defined in 4o Code of Federal Regulations (CFR) Part 261, Subpart D and 2) is not a
characteristically hazardous waste as defined in 40 Code of Federal Regulations Part 261, Subpart C.
Documentation used to support the hazardous waste determination is described below:
Process Knowledge
If process knowledge is utilized in the classification of a waste,that process knowledge must be documented
and maintained. (Please note that process knowledge must be maintained in some type of written or
electronic storage format. It cannot be stored solely in someone's mind.) The process knowledge must
support a generator's rationale as to why the waste has been designated a particular classification. It must
also support the generator's rationale as to why a particular test method was not performed,limiting the
amount of analytical testing required.
The following are examples of process knowledge which may assist in waste classification determinations.
• Material Safety Data Sheets(MSDSs) (Please note that not all MSDSs contain information on all
constituents found in a product. MSDSs were not created for the purpose of Texas waste
classification determinations. They may be a helpful tool in determining what could be in the waste,
but cannot be used for determining what is not in the waste.)
• manufacturer's literature
• identification of chemicals/materials involved in the waste stream generation process (including
any potential break down products)
• full description of waste stream generation activities
• identification of potential contaminants
• other documentation generated in conjunction with a particular process
• preliminary testing results
Analytical Data
When process knowledge does not sufficiently support a particular classification, analytical data described
in this part must be documented. If a generator utilizes analytical data to classify a waste, it must be
supported by Quality Control Data and Sample Documentation information. This part outlines information
that must be maintained when analytical data is utilized for classification purposes.
• Sampling Procedures
— dates of sample collection
— description of the site and/or unit from which the sample was taken,including sampling
locations
TCEQ-0152 (rev. 01-06-17) Page 4 of 5
— the method of sampling and equipment used for sampling
— a description of the sampling techniques,including collection, containerization, and
preservation
— rationale for the sampling plan(why does the number,type and location of samples taken
accurately represent the waste stream being characterized)
• Chain of Custody
• Analytical Data
— analytical results with quality control data,this includes at a minimum when applicable;
spike recoveries(matrix,blank, method, etc.), duplicates,blanks,continuing calibration
samples,interference check samples, and laboratory specific recovery and% RPD for the
constituents and methods.
— identification of analytical methods (including any preparatory methods)
— identification of detection limits
— identification of the laboratory performing the analytical analysis
— documentation which satisfactorily demonstrates that lower levels of quantitation are not
possible (This is only necessary when a nonhazardous waste is being evaluated against the
Class 1 criteria and matrix interferences of the waste causes the Practical Quantitation Limit
(PQL) of a Class i toxic constituent(Appendix 1,Table 1.-Appendix B of this guideline)to be
greater than the Maximum Concentration listed.)
Part III. Classification Checklist
The classification checklist(which can be found in TCEQ Publication Number RG-22*) can be used as a
guideline in the classification of industrial waste and hazardous waste. A completed checklist submitted for
an audit does not represent sufficient documentation. When utilizing the Checklist in waste classification,a
generator should support a response ("yes" or"no")by analytical data and/or process knowledge. (A
generator must be able to demonstrate why an answer"yes"or"no" appears on the checklist for a particular
question.)
For example, a generator answers"no"to the question "Is the waste ignitable per 4o CFR§261.21." The
generator can support this response by submitting either analytical data and/or process knowledge. If
process knowledge is used, it must be specific. A general statement such as "The waste is not ignitable."
would not be sufficient. If, however,the generator(1)reviews all constituents that may be present in the
waste; (2) determines that each constituent which comprises the waste does not meet the definition of an
ignitable waste; and(3) determines that the process that generated the waste does not introduce any
ignitable characteristics to the stream,the generator would be able to document more specific process
knowledge that supports a"no" response. Additionally, a generator would need to keep copies of the
information that demonstrates all the constituents in the waste stream would not cause the waste to exhibit
the characteristic of ignitability.
*For a copy of RG-22,please call TCEQ Publications at(512) 239-0028 or download from
www.tceq.texas.goviassets/public/conun_execipubs/rWrg-o22.pdf.
Part IV. Summary
Generators should keep in mind that documentation should demonstrate why a waste has been designated
a particular classification. A good rule of thumb is if anyone can review a generator's classification
documentation,using the published criteria and/or the checklist, and arrive at the same classification as
the generator,then the generator has probably done a good job of compiling supporting documentation for
a waste. If someone other than the generator has reviewed the classification of a waste, and still has some
unanswered questions,the generator may want to conduct some additional work on gathering
documentation for that waste stream.
TCEQ-0152 (rev. 01-06-17) Page 5 of 5