HomeMy WebLinkAboutPO 7008: CHANGES FOR SOLID WASTE TO ADJUST THE SPECIAL WASTE RATE City of
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INTEROFFICE MEMORANDUM
Date: October 18, 2021
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Flozelle C. Roberts, EIT, MEng, MBA, Director of Public Works * �
RE: PO No. 7008 —Ordinance Changes for Solid Waste to adjust the Spec aste
Rate
Introduction:
The ordinance changes are intended to help cover the costs that are necessary for the operation
of the Solid Waste Division,which includes operational costs and capital costs for the repair and
replacement of the division's equipment for compliance.
Background:
The City's landfill is permitted through the Texas Commission on Environmental Quality
(TCEQ) to accept special wastes, which includes medical waste, grease trap waste, and dead
animals. The ordinance changes are intended to clearly define the type of waste accepted at the
landfill and to help cover the costs that are necessary for the compliant operation of the Solid
Waste Division.
Budget Impact:
The special waste rate will be $28.00/cubic yard, and it is projected to increase revenue by
$120,000. The updated rate tables will be posted on the City's website at
http://www.portarthurtx.gov/.
Recommendation:
It is recommended that council approve Proposed Ordinance No. 7008, authorizing the proposed
ordinance changes.
"Remember, we are here to serve the Citizens of Port Arthur"
P.O. No. 7008
10/18/21 bw
Page 1 of 3
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 86 (SOLID WASTE), ARTICLE I (IN
GENERAL), SECTION 86-1 (DEFINITIONS), ARTICLE III (REFUSE) BY
ADDING SECTION 86-761(SPECIAL WASTE)AND SECTION 86-79(WHO MAY
COLLECT AND DISPOSE OF REFUSE/SECURITY DEPOSITS) BY ADDING
SUBSECTION (H) (WASTE TYPE AND COST PER UNIT TABLE) OF THE
CODE OF ORDINANCES,CITY OF PORT ARTHUR,TEXAS AND PROVIDING
FOR PUBLICATION
WHEREAS, the City Council deems it to be in the public interest of the City to amend
Chapter 86 (Solid Waste)of the Code of Ordinances as it pertains to rates for the disposal of refuse
at the municipal landfill.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Chapter 86(Solid Waste)of the Code of Ordinances of the City of Port
Arthur, Texas, is hereby amended as delineated in Exhibit "A", with a clean copy attached as
Exhibit"B".
Section 3. All Ordinances and parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of the conflict.
Section 4. That this being an Ordinance which requires publication, its caption shall
be published at least one (1) time within ten (10) days after final passage hereof in the official
newspaper of the City of Port Arthur, and this Ordinance shall take effect immediately after the
date of publication.
P.O. No. 7008
10/18/21 bw
Page 2 of 3
Section 5. That a copy of the caption of the Ordinance be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D., 2021, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
Mayor:
Councilmembers:
•
NOES:
Thurman"Bill"Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
Valecia R Tizeno
City Attorney
P.O. No. 7008
10/18/21 bw
Page 3 of 3
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
Flozelle C. Roberts
Director of Public Works
4'(C)11/4-A-'1 , 0 C'L.i' ,........P
Kand D iel
Y
Interim Finance Director
EXHIBIT A
RED-LINED VERSION
PART II-CODE OF ORDINANCES
Chapter 86 SOLID WASTE
Chapter 86 SOLID WASTE'
ARTICLE I. IN GENERAL
Sec. 86-1. Definitions.
The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to
them in this section,except where the context clearly indicates a different meaning:
Carry-out service means the collection service rendered by the city when garbage is placed at other than the
position for collection,and the city collector enters the premises of a customer for the purpose of carrying the
garbage to his collection vehicle.
City collector means an employee or agent of the city authorized to collect garbage.
Commercial premises means any building,dwelling or structure in which a gainful business or occupation is
conducted.Commercial premises include businesses or occupations carried on in part of a residence.
Container means the city-supplied residential or commercial container designed to hold garbage or trash.
Customer means any person who is obligated to pay the collection fees prescribed by this chapter and
desires a service described in this chapter.
Drive-on service means the service rendered by the city when the city collector enters upon the premises of a
customer with his vehicle for the purpose of collecting refuse.
Garbage means putrescible animal and vegetable waste(other than body waste) resulting from the handling,
preparation,cooking and consumption of food, and the containers in which food has been stored.
Point of storage means the place at which a garbage or trash container shall be kept at all times other than
on regular service collection days.
Position for collection means the place at which a garbage or trash container shall be put on regular service
collection days.
Refuse means all putrescible and nonputrescible waste matter(other than body waste), including both
garbage and trash.
'Cross reference(s)—Animal droppings, § 10-83; buildings, ch. 18; litter,§34-31 et seq.; manufactured homes,
mobile homes, recreational vehicles and parks,ch.58;litter in parks, §70-50; utilities, ch. 110; littering
Sabine Lake and public waters, § 118-37; littering on public beaches, § 118-237.
State law reference(s)—Recycling program requirement/exemption,V.T.C.A., Health and Safety Code§361.425;
political subdivisions prohibited from regulating certain sales and uses of containers or packages, or
processing of solid waste by a solid waste facility,or assess a fee or deposit on sale or use of container or
package,V.T.C.A., Health and Safety Code§361.0961; dumping near highway,V.T.C.A., Health and Safety
Code§365.011 et seq.;state regulations generally,V.T.C.A., Health and Safety Code§341.013;authority to
prohibit nuisances,V.T.C.A., Health and Safety Code§§ 217.042,341.903.
Port Arthur,Texas,Code of Ordinances Created: 2021-07-10 09:13:12 [EST)
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Regular service means the collection of refuse by city collectors, during regularly scheduled collection times,
which does not require special handling.
Residence means any building(or part of any building)which is used(or can be used)as a place of dwelling or
abode.
Shall means always mandatory, and not merely directive.
Special service means the collection of refuse by city collectors outside of regularly scheduled collection
times,or the collection of refuse which requires special handling.
Special Wastes—Special waste is defined in 30 TAC 330.3. Those wastes identified and meeting the
requirements of 30 TAC 330.171(c)or(d)do not require prior written authorization before disposal
Superintendent means the superintendent of the solid waste division of the city.
Trash means any nonputrescible waste matter,which is not defined in this chapter as garbage;for example:
paper,cardboard, cans, bottles,glass,yard clippings,small amounts of wood, metal,or other debris,as normally
accumulates around a residence, and similar materials.
(Code 1961, § 10-1)
Cross reference(s)—Definitions generally,§ 1-2.
Secs. 86-2-86-30. Reserved.
ARTICLE II. CONTAINERS
Sec. 86-31. Required.
(a) Every customer at a residence will be provided a garbage container and shall maintain such garbage
container;and,at his option, may maintain a trash container of the maximum size described in section 86-
82.
(b) Every customer at a commercial premises shall be provided a commercial container for garbage and/or trash
and shall maintain such commercial container.
(Code 1961,§ 10-31)
Sec. 86-32. Classes.
Containers are classified as follows:
(1) Residential garbage container.
(2) Residential trash container.
(3) Commercial container for garbage and trash.
(Code 1961, § 10-32)
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Sec. 86-33. Covering.
Every customer shall keep his garbage,trash or commercial container securely covered so that flies,other
insects and animals may not have access to the contents, and so that the contents will not be scattered.
(Code 1961, § 10-33)
Sec. 86-34. Cleanliness and repair.
(a) Every customer shall maintain his containers in a reasonably clean condition.Whenever a garbage or trash
container becomes obnoxious, it shall be thoroughly cleaned by the customer by washing,scalding or by
treatment with disinfectant.
(b) No customer shall use a container which has deteriorated or has been damaged to the extent of having
jagged or sharp edges capable of causing injury to the city collectors,or the cover of which will not fit
securely.
(Code 1961, § 10-34)
Sec. 86-35. Containers for residential garbage.
Every customer with a water account with the city will receive one 64-gallon or one 96-gallon garbage
container from the city.These containers are to be used for the storage of garbage.At any premises where there is
more than one customer, each customer will receive a container.
(Code 1961, § 10-35(a);Ord. No.00-60,§ 2, 10-3-2000)
Sec. 86-36. Multiple garbage containers.
Any residential customer,or small commercial business whereby a residential garbage container is deemed
suitable to facilitate their garbage disposal needs, may request an additional container for their use.A$2.00
monthly charge for each additional container will be added to the current monthly rate for garbage service.The
superintendent will investigate all requests for additional containers to determine the appropriateness of all such
requests.
(Code 1961, § 10-35.1)
Sec. 86-37. Containers for residential trash.
(a) Customers are not required to use residential trash containers; however, if a customer chooses to deposit his
trash in a container,the container shall be made of metal or plastic with capacity not exceeding 30 gallons.
(b) Disposable plastic or other appropriate containers may be used in lieu of metal or plastic containers for
residential trash purposes, provided that such bags have been manufactured and designed for trash storage
and collection,and they do not exceed the equivalent capacity as required for metal or plastic containers.
(Code 1961, §§ 10-35(b), 10-36)
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Sec. 86-38. Containers for commercial refuse.
Commercial customers will be provided with appropriate containers by the city.Such containers may be
multiple residential containers or multiple commercial style containers of the size described in section 86-114. In
no case shall the number of residential-type containers exceed four before the customer shall be required to
change his service to commercial containers.The superintendent shall determine the appropriate method of
collection for each commercial customer.
(Code 1961, § 10-37)
Sec. 86-39. Rifling contents.
No person, other than the owner of a refuse container, may rifle the contents of any refuse container.
(Code 1961, § 10-40)
Sec. 86-40. Scattering trash on streets.
It shall be unlawful for any person to sweep out,throw or deposit,or cause or permit anyone in his employ
to sweep out,throw or deposit any trash or any animal or vegetable substances whatsoever, on, into or upon any
street, sidewalk or public ground of any kind of the city.
(Code 1961, § 10-41)
Cross reference(s)—Streets,sidewalks and other public places, ch. 94.
Sec. 86-41. Condemnation of containers that do not meet city specifications.
Any trash container that does not conform to the provisions of this chapter, or which has deteriorated,or
has been damaged to the extent of having jagged or sharp edges capable of causing injury to the trash collectors or
others whose duty it is to handle the containers, or to such an extent that the lid will not fit tightly or securely, is
declared a nuisance, and the superintendent shall condemn and summarily confiscate such containers and dispose
of such containers.
(Code 1961, § 10-42)
Sec. 86-42. Sharp metal or glass objects in any trash disposal containers.
No sharp metal or glass objects shall be placed in any trash disposal bag container unless securely wrapped
and/or enclosed in a substantial material so as to prevent injury to city collectors who handle such containers.
(Code 1961, § 10-43)
Secs. 86-43-86-70. Reserved.
ARTICLE III. REFUSE
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Sec. 86-71. Depositing on another's property or public place.
(a) It shall be unlawful for any person to deposit or leave any refuse in or on the private property of any other
person.
(b) Except where authorized elsewhere in this chapter, it shall be unlawful for any person to deposit or leave any
refuse in or upon the improved portion of any street; in any gutter or ditch; in any body of water;or upon
public property of any nature or in any manner so as to create a traffic hazard or flooding hazard.
(Code 1961, § 10-2)
Cross reference(s)—Streets,sidewalks and other public places, ch.94.
Sec. 86-72. Unlawful accumulations.
It shall be unlawful for any person to permit the accumulation of refuse upon premises owned or occupied
by him for such a length of time that the refuse either:
(1) Becomes offensive or injurious to the health of other persons in the vicinity;or
(2) Becomes a fire hazard.
(Code 1961, § 10-3)
Sec. 86-73. Contagious disease refuse.
The removal of wearing apparel, bedding or other refuse from any premises where highly infectious or
contagious diseases have prevailed shall be performed under the supervision and direction of the director of the
health department,and done at the sole expense of the owner of the premises.Such refuse shall not be placed in
any refuse container for removal by a city collector.
(Code 1961, § 10-4;Ord. No.00-60, §2, 10-3-2000)
Sec. 86-74. Inflammable and explosive material.
Highly inflammable or explosive materials shall not be placed in any refuse container, but shall be disposed
of as directed by the superintendent, and at the sole expense of the owner or producer.
(Code 1961, § 10-5)
Cross reference(s)—Environment,ch. 34;fire prevention and protection,ch.38;offenses,ch.62.
Sec. 86-75. Industrial trash.
Trash resulting from manufacturing operations shall be disposed of by the occupant of the premises where
such industrial trash originates, and at the sole expense of this person; however,the owner of the premises is
ultimately responsible,at his sole expense,for the disposition of this trash in an appropriate landfill.
(Code 1961, § 10-6)
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Sec. 86-76. Dead animals.
Dead animals shall not be placed in any refuse container.They shall be disposed of as directed by the
director of the health department.
(Code 1961,§ 10-7)
Cross reference(s)—Animals,ch. 10.
Sec. 86-761. Special Wastes.
Special Waste is any solid waste that requires special handling and disposal because of its quantity,
concentration,physical or chemical characteristics,or biological properties. Special waste is defined in 30 TAC
330.3. Special Waste that is not specifically identified in 330.171(c)or(d)or 330.173, requires written
authorization by the Texas Commission of Environmental Quality(TCEQ)for disposal.
The following wastes may be accepted for disposal at the City of Port Arthur Landfill without prior
authorization from TCEQ:
•Medical waste which has been treated in accordance with TCEQ rules and regulations(30 TAC 330.171(c)(1) )
•Dead animals and/or slaughterhouse waste(30 TAC 330.171(c)(2))
•Empty containers that have been used to hold pesticides, herbicides,fungicides,or rodenticides may be
disposed of, provided that the containers are triple rinsed and rendered unusable(crushed/punctured)(30 TAC
330.171(c) (5)
•Water and wastewater treatment plant sludge(stabilized), requiring it to pass the paint filter test(30 TAC
330.171(c) (7)
SPECIAL WASTE THAT IS NOT SPECIFICALLY IDENTIFIED IN 30 TAC 330.171(c),(d)or 330.173 REQUIRES WRITTEN
AUTHORIZATION FROM THE TEXAS COMMISSION OF ENVIRONMENTAL QUALITY(TCEQ) FOR DISPOSAL.
Sec. 86-77. Refuse disposal site.
(a) The city shall provide a disposal site(or other sanitary and efficient place and means)for making final
disposition of refuse and the carcasses of dead animals.This place(styled in this section as the"landfill")
shall be situated so as to comply with the provisions of state law.
(b) The superintendent shall keep the city landfill in as sanitary a condition as possible at all times in accordance
with regulations of the Texas Natural Resource Conservation Commission.
(c) All persons hauling or carrying refuse to the city landfill shall deposit such refuse only in the place designated
by the city employees in charge of the city landfill.
(d) Any other municipal corporation situated outside the city may place refuse on the city landfill only after
making contractual arrangements with the city.
(e) It shall be unlawful for any person who is not a resident of the city,except commercial haulers of refuse who
have duly made contractual arrangements with the superintendent and residents of a municipality which has
made contractual arrangement with the city,to place refuse on the city landfill.
(f) The city landfill will be open to the general public for garbage and trash disposal Monday through Saturday at
hours to be set by the superintendent,to serve the needs of the public and provide the most efficient
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operation and control.The landfill will be closed at night. No person will be permitted on the area when it is
closed.
(g) All persons hauling or carrying refuse to the city landfill shall have their load(s)enclosed or covered by a
tarpaulin, net, or other means to properly secure the load in order to prevent escape of any part of the load
by blowing or spilling. Offenders will be subject to a $10.00 surcharge added to their disposal bill for each
occurrence. Repeat offenders will be reported to the proper law enforcement agency.
(h) Smoking shall be prohibited on landfill property.Any violations shall result in a fine of no less than$50.00
and a maximum fine of$500.00 per occurrence.
(Code 1961, § 10-8;Ord. No. 05-20, §2, 3-15-2005)
Sec. 86-78. Contract form for drive-on service.
Contractual arrangements for drive-on collection service for commercial customers shall be in accordance
with the contract form in Exhibit"A"and incorporated into this section.
EXHIBIT"A"
CONTRACT FOR REFUSE
COLLECTION SERVICE
THE STATE OF TEXAS
COUNTY OFJEFFERSON,
KNOW ALL MEN BY THESE PRESENTS:
This contract, made and entered into by and between the City of Port Arthur(hereafter called the "city"),
and the undersigned,the owner, lessor or tenant of the following described premises, (hereafter called "owner"),
WITNESSETH:
The city,for the consideration hereafter named agrees to:
(1) Collect refuse accumulating at the premises at such times mutually agreed upon by the city and the
owner.
(2) Enter the premises for the purpose of picking up refuse from receptacles which are placed at the
location on the premises required by applicable sections of Chapter 86,Solid Waste of the Code of
Ordinances or as directed by the superintendent.
The owner, in consideration of the foregoing, agrees:
(1) To pay the city the fees established by city ordinance according to the service extended to the owner.
(2) That any agents of the city may enter and come upon the premises for the collection of refuse and also
may bring upon the premises such vehicles and devices as may be necessary to collect the refuse.
(3) To release the city, or its agents, from all liability for any damage to the land or any surfacing,walkways
and driveways thereon.
(4) To indemnify the city against all liability relating to any claims of trespass or unauthorized use and
presence on the premises.
(5) To permit the city to place and maintain for the exclusive collection of refuse under Chapter 86,Solid
Waste of the Code of Ordinances a sanitary container or containers(which shall remain the property of
the city).
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(6) To meet the rules and regulations set forth by Chapter 86,Solid Waste of the Code of Ordinances
concerning the city's commercial container or other containers placed for the use of this premises.
The term of this contract shall be from month-to-month and may be cancelled by either party upon the
giving of ten days'written notice in advance thereof, provided that this contract may be cancelled by the city,
without prior notice, upon owner's failure to pay the prescribed fees or upon owner's violation of any of the city's
rules and regulations pertaining to solid waste.
The premises is commonly known as , being the premises.
Witness our hands this the day of ,A.D., 20_
CUSTOMER
By:
THE CITY OF PORT ARTHUR
By:
Agent of the City of Port Arthur
APPROVED AS TO FORM AND LEGALITY:
City Attorney
(Code 1961, § 10-9;Ord. No. 05-20, §3,3-15-2005)
Sec. 86-79. Who may collect and dispose of refuse/security deposits.
(a) All refuse accumulated within the city shall be collected,transported and disposed of only by the city,and no
person or commercial haulers shall collect or transport refuse over any streets of the city or dispose of any
refuse except where engaged in or providing a type of service not provided by the city.
(b) The actual producer of refuse, or the owner of the premises where the refuse is produced (or the agent of
either person), may collect,transport,and dispose of such refuse at the city's landfill. Any commercial or
industrial establishment(or their agent)or any federal,state,or local entity producing refuse may collect,
transport,and dispose of such refuse at the city's landfill. Such producer,owner,or agent which disposes of
such refuse at the city's landfill on an intermittent schedule shall be required to pay a fee in accordance with
the rate schedule shown in this section.
(c) Any person duly authorized to engage in the commercial hauling of refuse on a regular schedule must make
contractual arrangements in accordance with the contract form set forth in Exhibit"B",attached to [the
ordinance from which this section is derived] and made a part of this section, before depositing any refuse at
the city's landfill.Such contract shall provide for monthly payments in accordance with such rate schedule,
shall further provide for a security deposit in advance in the minimum amount of$2,500.00,or such other
amount as determined by the city manager or his designee,and based on the proposed usage of the landfill
and the payment history of the hauler,to be held to secure any proposed delinquent charges.The business
entity shall also file a DBA certificate,articles of incorporation, and/or partnership agreement to show its
structure and its registered agent. Further, all such producers, owners, and agents shall comply with the
provisions of this chapter and with any other applicable statutes and ordinances.
(d) When a customer applies for service, he/she must also submit a security deposit in one of the following
forms:
(1) Cash;
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(2) Guaranty bond;
(3) Letter of credit drawn on a state or federally charters lending institution.
(e) The director of utility services,with the written consent of the city manager, may refuse or discontinue
service if a person fails to:
(1) Make a required security deposit with his application;or
(2) Increase the amount of his security deposit after being notified that an increase is required.
(f) Any non-cash security deposit must be submitted in a form provided by the director of utility services and in
a form approved by city attorney.
(g) The director of utility services shall keep accurate records of all security deposits, including, but not limited
to, the depositor's name, amounts deposited,and separate accounts of all security deposits.
(h)
Waste Type Cost Per Unit
Compact Waste $32.00 per ton
Non-Compacted Waste 32.00 per ton
Appliances 3.00 each
Whole Tires 6.00 each
Tree limbs/Brush 3.00 per cubic yard
Pull Off Load With Dozer 5.00 per load
Special Waste $28.00 per cubic yard
Heavy Users Within the City Manager's Discretion $5.00
(As Negotiated by the City Manager) per cubic yard minimum
(Code 1961, § 10-12;Ord. No. 00-60, §2, 10-3-2000;Ord. No.05-20, §§4,5,3-15-2005;Ord. No.05-76, §2, 10-11-
2005; Ord. No.06-44, §2, 7-5-2006;Ord. No.06-55,§ 2,7-18-2006;Ord. No.06-62, §2, 8-15-2006;Ord. No. 12-26
,§2,4-3-2012;Ord. No. 16-05, §2, 1-12-2016;Ord. No. 17-34, Exh.A,9-12-2017; Ord. No. 18-74, §2(Exh.A), 12-
18-2018)
Sec. 86-80.Junk dealer may haul.
Any licensed junk dealer may transport junk,which was lawfully purchased, over the streets and alleys of the
city.
(Code 1961, § 10-13)
Cross reference(s)—Junk and junk dealers, §22-131 et seq.
Sec. 86-81. Classification of premises.
(a) The superintendent shall classify each premises at which refuse originates as either:
(1) Residence; or
(2) Commercial premises.
(b) The obligations of every customer under this chapter shall be determined by the classification assigned.
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(Code 1961, § 10-14)
Sec. 86-82. Depositing for collection.
(a) Placing in container or in piles. Pending collection by city collectors, refuse shall be placed in a container by
every customer in accordance with these rules:
(1) All garbage originated at a residence shall be deposited in the garbage container supplied by the city.
(2) All trash originating at a residence shall be placed for collection as follows:
a. Leaves,grass clippings, paper, packing material, and other material subject to being scattered by
wind, or which would take undue time of collectors in handling,should be placed in throw-away
type containers.
b. Material not subject to being scattered by wind may be placed in a neat pile at the point of
collection.
c. Tree limbs,small amounts of wood and other like material shall be cut not to exceed four feet in
length when practical and be placed in a neat pile at the point of collection.
d. Trash will be collected from each residence in accordance with the schedule established by the
superintendent.
e. A residential customer may use a container not exceeding 30 gallons capacity for trash. No bolts,
pipe, pipe fittings, broken concrete, rocks,or any other object which may damage the
mechanism used in
packer-type collection units shall be placed in any such container with other types of trash.
(3) All garbage originating at a commercial premises shall be deposited in the commercial container
supplied by the city.
(4) All trash originating at a commercial establishment shall be placed for collection as follows:
a. All cardboard boxes, paper and other materials shall be placed in the commercial container.
b. Leaves, packing material,and other material subject to being scattered by wind should be placed
in bags or other containers inside the commercial container.
c. Tree limbs,small amounts of wood, and other like material, shall be cut not to exceed four feet in
length,when practical,and be placed in a neat pile at the point of collection.
d. No long boards, pipe, metal frames,wire, rope,chains, broken concrete, rocks or other object
which might damage the mechanism used in packer-type collection units shall be placed in any
commercial container.
The containers mentioned in this section shall be placed in accordance with the applicable provisions
of subsection 86-82(b)or subsection 86-82(c).
(b) Storage and collection;residential.
(1) Point of storage of garbage.The point of storage for all residential garbage containers shall be at one
of these places:
a. Within a building located on the customer's premises;or
b. In the rear of the customer's premises.
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(2) Position for collection of garbage. The position for collection for all residential garbage containers shall
be one of the following:
a. In the front of the customer's premises between the street and sidewalk;
b. On the city's side of the ditch;or
c. On the customer's side of the curb, unless otherwise specified by the superintendent.
(3) Time of garbage collection. Not later than 7:00 a.m. on regular service collection days, every customer
desiring service shall place his residential garbage container in position for collection. Failure to place
containers before the time may result in noncollection.After a residential garbage container has been
emptied, it shall be returned to the point of storage by the customer.
(4) Point of storage of trash.The point of storage for all residential trash containers is at the rear of the
customer's premises.
(5) Position for collection of trash.The position for collection for all residential trash containers and trash
shall be one of the following:
a. Between the street and the sidewalk;
b. On the customer's side of the ditch;or
c. On the customer's side of the curb,
unless otherwise specified by the superintendent.
(6) Placing trash. Trash to be removed from a residence shall be placed by the customer in position for
collection not more than two days before the scheduled collection.
(c) Storage and collection;commercial.
(1) Point of storage of refuse.The point of storage for all commercial containers shall be at the rear or side
on the customer's premises,when practical.
(2) Position for collection of refuse. The position for collection for all commercial containers shall be at the
point designated by the superintendent.
(3) Time of refuse placing. Not later than 7:00 a.m.on regular service collection days, every customer
receiving commercial container service shall have his commercial container accessible for collection.
Failure to provide access to trash containers before this time may result in noncollection.
(4) Point of storage of trash.The point of storage for all commercial trash not suitable to be placed in the
container shall be placed beside the container for collection.
(Code 1961, §§ 10-15-10-17)
Sec. 86-83. Reserved.
Editor's note(s)—Ord. No. 06-40, § 2,adopted June 20, 2006, repealed §86-83, which pertained to wholesale
refuse commercial customers and derived from Ord. No.02-52, §2, adopted Oct. 15, 2002;Ord. No.02-57, §
2, adopted Oct. 29, 2002;and Ord. No. 03-007, §2, adopted Feb. 18,2003.
Secs. 86-84-86-110. Reserved.
ARTICLE IV. FEES, CHARGES AND BILLING PROCEDURE
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Sec. 86-111. Carry-out service.
There shall be charged and collected from any customer desiring carry-out service either the fee of$24.25
per month for one carry-out garbage collection per week; or,the fee of$28.25 per month for two carry-out
garbage collections per week.
(Code 1961, § 10-46;Ord. No.00-56, § 1,9-5-2000;Ord. No.01-33, § 1,9-4-2001;Ord. No. 06-73, § 1,9-12-2006;
Ord. No.08-86, § 1,8-26-2008)
Sec. 86-112. Residential garbage.
For each residence within the city,there shall be charged and collected the fee of$18.00 per month for the
first automated collection can and$7.50 per month for each additional automated collection can.
(1) This fee may be paid by the occupant of the residence; however,the owner of the residence shall be
responsible for the payment, provided that:
a. Where water service to a residence is discontinued by the utility operations department because
of vacancy,the fee shall not be charged for the period of time during which the water service is
discontinued.
b. Where,at the request of the owner, a residence has been certified by the community service
department as unfit for human habitation,the fee shall not be charged for the period of time
during which the residence is not used as a dwelling because it is,in fact, unfit for human
habitation.
(2) The payment of this fee entitles one customer to one regular service garbage collection per week.
(3) If the average volume of collection exceeds the size of the garbage container(64-gallon or 96-gallon),
issued to the customer,the customer will be required to go to the 96-gallon or obtain an additional 64-
gallon or 96-gallon size garbage container to adequately serve the customer's needs. For each
additional container used the customer will be charged an additional$2.00 per month.The average
volume shall be checked (and corrected if necessary) by the superintendent at regular intervals.
(Code 1961, § 10-47;Ord. No. 00-56,§2, 9-5-2000; Ord. No.01-33, § 2,9-4-2001;Ord. No.06-73, §2, 9-12-2006;
Ord. No.08-86, §2,8-26-2008; Ord. No. 14-43, §2,9-29-2014;Ord. No. 21-20,§ 1(Exh.A),3-30-2021)
Sec. 86-113. Residential rubbish.
A fee of$1.75 per month will be charged for regular service trash collection from a residence;each customer
paying the fee for regular service garbage collection shall be entitled to one regular service trash collection each
two weeks.
(Code 1961, § 10-48;Ord. No. 20-66, §2(Exh.A),8-4-2020)
Sec. 86-114. Commercial refuse.
(a) Regular service.
(1) Commercial premises(excluded from this rate charge are multiple dwelling complexes such as trailer
parks and apartment units)will receive sanitation container system service for removal of trash and
garbage under the rates hereinafter set forth,as routes for such services are established by the city.All
institutions, on-hand service,will be required to change to container service when the solid waste
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superintendent shall deem necessary and the containers are made available by the solid waste
department. Under this system,the city will furnish containers of proper size for ample storage
between collections. Charges will be made for the service according to the size of the container and the
number of weekly pickups as follows:
PROPOSED
Commercial Refuse-Regular Service Fees
Container Pickups 2018 2019 2020 Extra
Size Per Year Year Year pick
Cubic Week One Two Three up
Yards 33% 33% 34%
Increase Increase Increase
2 1 $ 62.73 $ 76.32 $ 90.31 $45.00
2 2 $116.16 $134.00 $152.39 $45.00
2 3 $160.96 $187.32 $214.47 $45.00
2 4 $261.03 $45.00
2 5 $307.59 $45.00
2 6 $306.51 $352.91 $400.71 $45.00
4 1 $ 76.09 $ 88.65 $101.59 $60.00
4 2 $142.86 $158.67 $174.96 $60.00
4 3 $203.55 $225.61 $248.33 $60.00
4 4 $321.70 $60.00
4 5 $337.10 $365.65 $395.07 $60.00
4 6 _ $387.66 $427.45 $468.44 $60.00
8 1 $108.54 $121.80 $135.45 $95.00
8 2 $202.19 $213.80 $225.76 $95.00
8 3 $291.77 $303.74 $316.06 $95.00
8 4 $389.47 $397.80 $406.37 $95.00
8 5 $479.07 $487.74 $496.68 $95.00
8 6 $551.43 $568.94 $586.99 $95.00
(2) Any commercial premises being serviced by the container commercial system service that shall require
an additional container shall be furnished such container for an additional charge,the rate of which
shall be 50 percent of the original container service.The size and number as well as the location of all
containers,shall be determined by the supervisor of sanitation.
(3) When one or more containers will adequately serve several adjacent commercial premises,then they
shall be required to use the same containers and pay a pro rata part of the charge,determined by the
approximate quantity of space used, but in no event shall the pro rata share of an individual user of
such container be charged less than $16.50 per month.
(4) It shall be unlawful for any person,other than the owner, occupant or employees of the premises for
which the container has been furnished or the duly authorized employees of the city,to handle, use or
disturb the container or to handle or disturb the contents.
(5) It shall be unlawful to burn any material in a commercial container furnished by the city or mark upon
or place posters and signs upon the commercial container.
(6) It shall be unlawful for any person to cause or permit the violation of any of the following regulations:
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a. Vehicle parking shall not be permitted near the container that will interfere with service on
collection days.
b. Areas adjacent to the container shall be kept neat and clean.
c. Bulk refuse, such as large cartons and boxes,shall be broken down before being placed in the
container.
d. All refuse must be placed in the container.
e. Lids and end doors of all containers shall be kept closed at all times except when the container is
being filled.
f. No large, heavy objects such as concrete,automotive engines,transmissions,appliances,
furniture, long pieces of wood or metal,and the like shall be placed in the containers, but rather
at the side of such container for collection.
(7) For each commercial premises not receiving sanitation container system service,there shall be charged
and collected a minimum fee of$18.00 per month,which shall entitle one customer to one regular
service refuse collections per week for one residential container, plus an additional fee for each
additional container as set out in section 86-112 and to the limit on number of containers set out in
section 86-38.The average volume shall be checked (and corrected if necessary) by the superintendent
at regular intervals.
(8) The service fees may be paid by the occupant of the commercial premises. However,the owner of the
commercial premises is ultimately responsible for the payment; provided, however,that where water
service to a commercial premises is discontinued by the utility operation department because of
vacancy,the minimum fee set forth in subsection (7) of this section shall not be charged for the period
of time during which the water service is discontinued.
(9) Extra container fee:commercial account holders who request extra containers will be charged a fee of
$100.00 per month for each extra container.
(b) Drive-on service. A drive-on service fee will not be charged in addition to the regular service fee to a
customer who desires to have city collectors drive city trucks on his commercial premises to make regular
service refuse collections. Before drive-on service is rendered,the customer shall execute and file with the
superintendent the contract for refuse collection service which form is set out in section 86-78.
(c) Enclosure services. A customer,who desires to have city collectors open and close the container enclosure
gates or doors,will be charged at a rate of$10.00 per weekly pickup, per month. Before this service is
rendered,the customer shall execute and file with the superintendent the contract for refuse collection
service which form is set out in section 86-78.
(Code 1961, §§ 10-49, 10-50;Ord. No.00-56, §§3-5,9-5-2000;Ord. No.00-60, §2, 10-3-2000; Ord. No.01-33, §
3,9-4-2001;Ord. No.06-73, §3, 9-12-2006;Ord. No.08-86, §§3-5, 8-26-2008;Ord. No. 16-09, § 1, 1-26-2016;
Ord. No. 17-26, § 1(Exh.A),8-15-2017; Ord. No. 20-66, §§2-4(Exh.A),8-4-2020)
Sec. 86-115. Special service.
(a) Under the situations described in this section, refuse shall be removed as a special service upon proper
application being made in writing.The fee charged for special service shall be equal to the city's actual cost in
rendering the service.
(b) Situations requiring special service are that a customer desires to have refuse collected for whatever reason
outside of his regularly scheduled collection time.
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(c) The city will not charge for the receipt of trash or debris at the city's landfill on a showing to the city manager
or his designee,that such trash or debris may be trash or debris that has possibly originated from another
city landfill site,and wherein the person picking up and transferring the trash and debris will fully comply
with local,state,and federal laws.
(Code 1961, § 10-51;Ord. No. 08-17, §2, 1-29-2008
Sec. 86-116. Multiple unit service.
For each trailer park,apartment complex or other multiple unit dwellings within the city that are serviced by
commercial container service,there shall be charged and collected a multiple unit service fee as follows, provided
that the following conditions are met.The multiple unit service fee shall be determined as follows:
(1) The multiple unit service fee for a trailer park shall be$15.05 per house trailer space at 80 percent
capacity.The payment of this fee shall entitle each house trailer at the trailer park during the month to
two regular service refuse collections per week at the central position for collection,each collection
not to exceed 30 gallons, except when collection is provided independently to each trailer unit.
(2) Except for trailer parks,the multiple unit service fee shall be$15.05 for each residence or commercial
premises receiving water service.The payment of this fee shall entitle each unit for which the multiple
unit service fee is paid to the regular service collections from the central position for collection, as
described in sections 86-112,86-113 or 86-114,whichever is applicable.
(3) The service fee for multiple-unit service shall be charged as long as the city provides appropriate
service for the collection of garbage and trash in the city, regardless of whether the trailer park,
apartment complex,or other multi-unit dwelling provides on-site an alternative method of garbage
and trash disposal.
(Code 1961, § 10-52;Ord. No.00-56, § 6,9-5-2000;Ord. No.01-33, §4,9-4-2001; Ord. No.03-019, §2,4-15-2003;
Ord. No.03-026, § 2, 5-27-2003;Ord. No.06-73, §4,9-12-2006;Ord. No. 21-20, § 1(Exh.A),3-30-2021)
Editor's note(s)—Ord. No.03-026, §2,adopted May 27,2003 will retain Ordinance No.03-019, except that
alternate service will be allowed for Stonegate Manor Apartments since they already had an alternate
service, i.e.,a trash compactor, prior to the enactment of Ordinance No.03-019 and that therefore they will
not be billed for the city's garbage and trash disposal.
Sec. 86-117. Billing.
(a) Generally. Fees for all refuse collections shall be billed by listing them as a separate item on the water bill of
the customer.Any customer who is not billed for water shall be billed for his refuse collection fees monthly
in advance by the department of utility operations. Fees for refuse collections shall be due and payable when
the water bill is due. Nonpayment of the refuse collection fee shall be sufficient grounds for discontinuance
of city water service.All charges and fees for refuse collections will be due and payable within 25 days after
the bill is rendered as is printed on the face of the bill forwarded to the consumer.All bills shall be
considered rendered when sent to the consumer by the accounting and collecting division of the utility
operations department in ordinary mail or personally left at the address of consumer, and the failure of the
consumer to receive any such bill shall in no way relieve the consumer of the duty and necessity of paying for
solid waste service furnished by the city to such person.All charges and bills not paid within 25 days will be
delinquent,and a late charge rate of ten percent will be added to the delinquent amount.A notice of
delinquency will be issued at the end of the second day past the due date. Unpaid bills will be cut ten days
after rendering of the delinquency notice as printed on the face of the notice. It shall be the duty of the
utility operations department to discontinue the solid waste collection service and refuse further service to
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such person until such charges are paid in full or other acceptable payment arrangements made.Service shall
not be reinstated until the delinquent bill and charges have been paid or other payment arrangements made
and then upon the written application of the consumer.Consumers may request a hearing with the utility
office manager prior to service being discontinued.
(b) Special service. Fees for special service shall be paid by the tenth day of the next month following receipt of
an invoice from the city.A handling charge of$2.00 shall be added to an overdue invoice, and the total
amount of the overdue invoice shall be added as a separate item on the water bill of the customer securing
the special service. Any person who is not a customer of the city shall pay cash in advance for special service.
In order to assist the citizens of Port Arthur that have been affected by Hurricane Ike,the city waives all late
fees on delinquent utility accounts for one complete billing cycle.This section will apply to fees that would have
accrued from September 22 through October 31, 2008.
(Code 1961, §§ 10-53, 10-54; Ord. No.08-107, § 1, 10-7-2008)
ARTICLE V. FINES
Sec. 86-118. Fine schedule.
(a) The fine schedule for conviction of a violation of this chapter shall be as follows:
Number of Convictions Minimum Fine
First violation $100.00
Second violation 250.00
Three or more violations Not less than$500.00 or more than$2,000.00
(b) This fine schedule will apply to all violations of this chapter unless a fine or surcharge is specifically
mentioned in a section, in which case,the specific fine or surcharge shall apply.
(Ord. No.05-20, §5,3-15-2005)
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EXHIBIT B
CLEAN VERSION
PART II-CODE OF ORDINANCES
Chapter 86 SOLID WASTE
Chapter 86 SOLID WASTE'
ARTICLE I. IN GENERAL
Sec. 86-1. Definitions.
The following words,terms and phrases,when used in this chapter, shall have the meanings ascribed to
them in this section,except where the context clearly indicates a different meaning:
Cony-out service means the collection service rendered by the city when garbage is placed at other than the
position for collection, and the city collector enters the premises of a customer for the purpose of carrying the
garbage to his collection vehicle.
City collector means an employee or agent of the city authorized to collect garbage.
Commercial premises means any building,dwelling or structure in which a gainful business or occupation is
conducted.Commercial premises include businesses or occupations carried on in part of a residence.
Container means the city-supplied residential or commercial container designed to hold garbage or trash.
Customer means any person who is obligated to pay the collection fees prescribed by this chapter and
desires a service described in this chapter.
Drive-on service means the service rendered by the city when the city collector enters upon the premises of a
customer with his vehicle for the purpose of collecting refuse.
Garbage means putrescible animal and vegetable waste(other than body waste) resulting from the handling,
preparation, cooking and consumption of food,and the containers in which food has been stored.
Point of storage means the place at which a garbage or trash container shall be kept at all times other than
on regular service collection days.
Position for collection means the place at which a garbage or trash container shall be put on regular service
collection days.
Refuse means all putrescible and nonputrescible waste matter(other than body waste), including both
garbage and trash.
'Cross reference(s)—Animal droppings, § 10-83; buildings, ch. 18; litter, §34-31 et seq.;manufactured homes,
mobile homes, recreational vehicles and parks,ch.58;litter in parks, §70-50; utilities,ch. 110; littering
Sabine Lake and public waters,§ 118-37; littering on public beaches,§ 118-237.
State law reference(s)—Recycling program requirement/exemption,V.T.C.A., Health and Safety Code§361.425;
political subdivisions prohibited from regulating certain sales and uses of containers or packages,or
processing of solid waste by a solid waste facility, or assess a fee or deposit on sale or use of container or
package,V.T.C.A., Health and Safety Code§361.0961; dumping near highway,V.T.C.A., Health and Safety
Code§365.011 et seq.;state regulations generally,V.T.C.A., Health and Safety Code§341.013;authority to
prohibit nuisances,V.T.C.A., Health and Safety Code§§ 217.042, 341.903.
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Regular service means the collection of refuse by city collectors, during regularly scheduled collection times,
which does not require special handling.
Residence means any building(or part of any building)which is used (or can be used) as a place of dwelling or
abode.
Shall means always mandatory, and not merely directive.
Special service means the collection of refuse by city collectors outside of regularly scheduled collection
times,or the collection of refuse which requires special handling.
Special Wastes—Special waste is defined in 30 TAC 330.3. Those wastes identified and meeting the
requirements of 30 TAC 330.171(c) or(d)do not require prior written authorization before disposal
Superintendent means the superintendent of the solid waste division of the city.
Trash means any nonputrescible waste matter,which is not defined in this chapter as garbage;for example:
paper, cardboard, cans, bottles,glass,yard clippings,small amounts of wood, metal,or other debris, as normally
accumulates around a residence, and similar materials.
(Code 1961, § 10-1)
Cross reference(s)—Definitions generally,§ 1-2.
Secs. 86-2-86-30. Reserved.
ARTICLE II. CONTAINERS
Sec. 86-31. Required.
(a) Every customer at a residence will be provided a garbage container and shall maintain such garbage
container;and, at his option, may maintain a trash container of the maximum size described in section 86-
82.
(b) Every customer at a commercial premises shall be provided a commercial container for garbage and/or trash
and shall maintain such commercial container.
(Code 1961, § 10-31)
Sec. 86-32. Classes.
Containers are classified as follows:
(1) Residential garbage container.
(2) Residential trash container.
(3) Commercial container for garbage and trash.
(Code 1961, § 10-32)
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Sec. 86-33. Covering.
Every customer shall keep his garbage,trash or commercial container securely covered so that flies,other
insects and animals may not have access to the contents, and so that the contents will not be scattered.
(Code 1961, § 10-33)
Sec. 86-34. Cleanliness and repair.
(a) Every customer shall maintain his containers in a reasonably clean condition.Whenever a garbage or trash
container becomes obnoxious, it shall be thoroughly cleaned by the customer by washing,scalding or by
treatment with disinfectant.
(b) No customer shall use a container which has deteriorated or has been damaged to the extent of having
jagged or sharp edges capable of causing injury to the city collectors, or the cover of which will not fit
securely.
(Code 1961, § 10-34)
Sec. 86-35. Containers for residential garbage.
Every customer with a water account with the city will receive one 64-gallon or one 96-gallon garbage
container from the city.These containers are to be used for the storage of garbage.At any premises where there is
more than one customer,each customer will receive a container.
(Code 1961, § 10-35(a);Ord. No. 00-60, §2, 10-3-2000)
Sec. 86-36. Multiple garbage containers.
Any residential customer, or small commercial business whereby a residential garbage container is deemed
suitable to facilitate their garbage disposal needs, may request an additional container for their use.A$2.00
monthly charge for each additional container will be added to the current monthly rate for garbage service.The
superintendent will investigate all requests for additional containers to determine the appropriateness of all such
requests.
(Code 1961, § 10-35.1)
Sec. 86-37. Containers for residential trash.
(a) Customers are not required to use residential trash containers; however, if a customer chooses to deposit his
trash in a container,the container shall be made of metal or plastic with capacity not exceeding 30 gallons.
(b) Disposable plastic or other appropriate containers may be used in lieu of metal or plastic containers for
residential trash purposes, provided that such bags have been manufactured and designed for trash storage
and collection,and they do not exceed the equivalent capacity as required for metal or plastic containers.
(Code 1961, §§ 10-35(b), 10-36)
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Sec. 86-38. Containers for commercial refuse.
Commercial customers will be provided with appropriate containers by the city.Such containers may be
multiple residential containers or multiple commercial style containers of the size described in section 86-114. In
no case shall the number of residential-type containers exceed four before the customer shall be required to
change his service to commercial containers.The superintendent shall determine the appropriate method of
collection for each commercial customer.
(Code 1961, § 10-37)
Sec. 86-39. Rifling contents.
No person, other than the owner of a refuse container, may rifle the contents of any refuse container.
(Code 1961, § 10-40)
Sec. 86-40. Scattering trash on streets.
It shall be unlawful for any person to sweep out,throw or deposit,or cause or permit anyone in his employ
to sweep out,throw or deposit any trash or any animal or vegetable substances whatsoever, on, into or upon any
street,sidewalk or public ground of any kind of the city.
(Code 1961, § 10-41)
Cross reference(s)—Streets, sidewalks and other public places,ch.94.
Sec. 86-41. Condemnation of containers that do not meet city specifications.
Any trash container that does not conform to the provisions of this chapter,or which has deteriorated, or
has been damaged to the extent of having jagged or sharp edges capable of causing injury to the trash collectors or
others whose duty it is to handle the containers,or to such an extent that the lid will not fit tightly or securely, is
declared a nuisance, and the superintendent shall condemn and summarily confiscate such containers and dispose
of such containers.
(Code 1961, § 10-42)
Sec. 86-42. Sharp metal or glass objects in any trash disposal containers.
No sharp metal or glass objects shall be placed in any trash disposal bag container unless securely wrapped
and/or enclosed in a substantial material so as to prevent injury to city collectors who handle such containers.
(Code 1961, § 10-43)
Secs. 86-43-86-70. Reserved.
ARTICLE III. REFUSE
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Sec. 86-71. Depositing on another's property or public place.
(a) It shall be unlawful for any person to deposit or leave any refuse in or on the private property of any other
person.
(b) Except where authorized elsewhere in this chapter, it shall be unlawful for any person to deposit or leave any
refuse in or upon the improved portion of any street; in any gutter or ditch; in any body of water; or upon
public property of any nature or in any manner so as to create a traffic hazard or flooding hazard.
(Code 1961,§ 10-2)
Cross reference(s)—Streets,sidewalks and other public places,ch.94.
Sec. 86-72. Unlawful accumulations.
It shall be unlawful for any person to permit the accumulation of refuse upon premises owned or occupied
by him for such a length of time that the refuse either:
(1) Becomes offensive or injurious to the health of other persons in the vicinity;or
(2) Becomes a fire hazard.
(Code 1961, § 10-3)
Sec. 86-73. Contagious disease refuse.
The removal of wearing apparel, bedding or other refuse from any premises where highly infectious or
contagious diseases have prevailed shall be performed under the supervision and direction of the director of the
health department,and done at the sole expense of the owner of the premises.Such refuse shall not be placed in
any refuse container for removal by a city collector.
(Code 1961, § 10-4;Ord. No. 00-60, §2, 10-3-2000)
Sec. 86-74. Inflammable and explosive material.
Highly inflammable or explosive materials shall not be placed in any refuse container, but shall be disposed
of as directed by the superintendent, and at the sole expense of the owner or producer.
(Code 1961, § 10-5)
Cross reference(s)—Environment,ch. 34;fire prevention and protection,ch. 38;offenses,ch.62.
Sec. 86-75. Industrial trash.
Trash resulting from manufacturing operations shall be disposed of by the occupant of the premises where
such industrial trash originates, and at the sole expense of this person;however,the owner of the premises is
ultimately responsible, at his sole expense,for the disposition of this trash in an appropriate landfill.
(Code 1961, § 10-6)
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Sec. 86-76. Dead animals.
Dead animals shall not be placed in any refuse container.They shall be disposed of as directed by the
director of the health department.
(Code 1961, § 10-7)
Cross reference(s)—Animals,ch. 10.
Sec. 86-761. Special Wastes.
Special Waste is any solid waste that requires special handling and disposal because of its quantity,
concentration, physical or chemical characteristics, or biological properties. Special waste is defined in 30 TAC
330.3. Special Waste that is not specifically identified in 330.171 (c)or(d) or 330.173, requires written
authorization by the Texas Commission of Environmental Quality(TCEQ)for disposal.
The following wastes may be accepted for disposal at the City of Port Arthur Landfill without prior
authorization from TCEQ:
•Medical waste which has been treated in accordance with TCEQ rules and regulations(30 TAC 330.171(c)(1))
•Dead animals and/or slaughterhouse waste (30 TAC 330.171(c)(2) )
•Empty containers that have been used to hold pesticides, herbicides,fungicides, or rodenticides may be
disposed of, provided that the containers are triple rinsed and rendered unusable(crushed/punctured)(30 TAC
330.171(c)(5)
•Water and wastewater treatment plant sludge(stabilized), requiring it to pass the paint filter test(30 TAC
330.171(c)(7)
SPECIAL WASTE THAT IS NOT SPECIFICALLY IDENTIFIED IN 30 TAC 330.171(c),(d)or 330.173 REQUIRES WRITTEN
AUTHORIZATION FROM THE TEXAS COMMISSION OF ENVIRONMENTAL QUALITY(TCEQ)FOR DISPOSAL.
Sec. 86-77. Refuse disposal site.
(a) The city shall provide a disposal site(or other sanitary and efficient place and means)for making final
disposition of refuse and the carcasses of dead animals.This place(styled in this section as the"landfill")
shall be situated so as to comply with the provisions of state law.
(b) The superintendent shall keep the city landfill in as sanitary a condition as possible at all times in accordance
with regulations of the Texas Natural Resource Conservation Commission.
(c) All persons hauling or carrying refuse to the city landfill shall deposit such refuse only in the place designated
by the city employees in charge of the city landfill.
(d) Any other municipal corporation situated outside the city may place refuse on the city landfill only after
making contractual arrangements with the city.
(e) It shall be unlawful for any person who is not a resident of the city, except commercial haulers of refuse who
have duly made contractual arrangements with the superintendent and residents of a municipality which has
made contractual arrangement with the city,to place refuse on the city landfill.
(f) The city landfill will be open to the general public for garbage and trash disposal Monday through Saturday at
hours to be set by the superintendent,to serve the needs of the public and provide the most efficient
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operation and control.The landfill will be closed at night. No person will be permitted on the area when it is
closed.
(g) All persons hauling or carrying refuse to the city landfill shall have their load(s)enclosed or covered by a
tarpaulin, net,or other means to properly secure the load in order to prevent escape of any part of the load
by blowing or spilling. Offenders will be subject to a$10.00 surcharge added to their disposal bill for each
occurrence. Repeat offenders will be reported to the proper law enforcement agency.
(h) Smoking shall be prohibited on landfill property.Any violations shall result in a fine of no less than$50.00
and a maximum fine of$500.00 per occurrence.
(Code 1961, § 10-8;Ord. No.05-20, §2,3-15-2005)
Sec. 86-78. Contract form for drive-on service.
Contractual arrangements for drive-on collection service for commercial customers shall be in accordance
with the contract form in Exhibit"A" and incorporated into this section.
EXHIBIT"A"
CONTRACT FOR REFUSE
COLLECTION SERVICE
THE STATE OF TEXAS
COUNTY OFJEFFERSON,
KNOW ALL MEN BY THESE PRESENTS:
This contract, made and entered into by and between the City of Port Arthur(hereafter called the"city"),
and the undersigned,the owner, lessor or tenant of the following described premises, (hereafter called "owner"),
WITNESSETH:
The city,for the consideration hereafter named agrees to:
(1) Collect refuse accumulating at the premises at such times mutually agreed upon by the city and the
owner.
(2) Enter the premises for the purpose of picking up refuse from receptacles which are placed at the
location on the premises required by applicable sections of Chapter 86,Solid Waste of the Code of
Ordinances or as directed by the superintendent.
The owner, in consideration of the foregoing,agrees:
(1) To pay the city the fees established by city ordinance according to the service extended to the owner.
(2) That any agents of the city may enter and come upon the premises for the collection of refuse and also
may bring upon the premises such vehicles and devices as may be necessary to collect the refuse.
(3) To release the city,or its agents,from all liability for any damage to the land or any surfacing,walkways
and driveways thereon.
(4) To indemnify the city against all liability relating to any claims of trespass or unauthorized use and
presence on the premises.
(5) To permit the city to place and maintain for the exclusive collection of refuse under Chapter 86, Solid
Waste of the Code of Ordinances a sanitary container or containers(which shall remain the property of
the city).
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(6) To meet the rules and regulations set forth by Chapter 86,Solid Waste of the Code of Ordinances
concerning the city's commercial container or other containers placed for the use of this premises.
The term of this contract shall be from month-to-month and may be cancelled by either party upon the
giving of ten days'written notice in advance thereof, provided that this contract may be cancelled by the city,
without prior notice, upon owner's failure to pay the prescribed fees or upon owner's violation of any of the city's
rules and regulations pertaining to solid waste.
The premises is commonly known as , being the premises.
Witness our hands this the day of ,A.D., 20_
CUSTOMER
By:
THE CITY OF PORT ARTHUR
By:
Agent of the City of Port Arthur
APPROVED AS TO FORM AND LEGALITY:
City Attorney
(Code 1961, § 10-9;Ord. No.05-20, §3,3-15-2005)
Sec. 86-79. Who may collect and dispose of refuse/security deposits.
(a) All refuse accumulated within the city shall be collected,transported and disposed of only by the city,and no
person or commercial haulers shall collect or transport refuse over any streets of the city or dispose of any
refuse except where engaged in or providing a type of service not provided by the city.
(b) The actual producer of refuse, or the owner of the premises where the refuse is produced (or the agent of
either person), may collect,transport,and dispose of such refuse at the city's landfill.Any commercial or
industrial establishment(or their agent)or any federal,state,or local entity producing refuse may collect,
transport,and dispose of such refuse at the city's landfill.Such producer, owner,or agent which disposes of
such refuse at the city's landfill on an intermittent schedule shall be required to pay a fee in accordance with
the rate schedule shown in this section.
(c) Any person duly authorized to engage in the commercial hauling of refuse on a regular schedule must make
contractual arrangements in accordance with the contract form set forth in Exhibit"B", attached to [the
ordinance from which this section is derived]and made a part of this section, before depositing any refuse at
the city's landfill.Such contract shall provide for monthly payments in accordance with such rate schedule,
shall further provide for a security deposit in advance in the minimum amount of$2,500.00,or such other
amount as determined by the city manager or his designee, and based on the proposed usage of the landfill
and the payment history of the hauler,to be held to secure any proposed delinquent charges.The business
entity shall also file a DBA certificate,articles of incorporation, and/or partnership agreement to show its
structure and its registered agent. Further, all such producers,owners, and agents shall comply with the
provisions of this chapter and with any other applicable statutes and ordinances.
(d) When a customer applies for service, he/she must also submit a security deposit in one of the following
forms:
(1) Cash;
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(2) Guaranty bond;
(3) Letter of credit drawn on a state or federally charters lending institution.
(e) The director of utility services,with the written consent of the city manager, may refuse or discontinue
service if a person fails to:
(1) Make a required security deposit with his application;or
(2) Increase the amount of his security deposit after being notified that an increase is required.
(f) Any non-cash security deposit must be submitted in a form provided by the director of utility services and in
a form approved by city attorney.
(g) The director of utility services shall keep accurate records of all security deposits, including, but not limited
to,the depositor's name,amounts deposited, and separate accounts of all security deposits.
(h)
Waste Type Cost Per Unit
Compact Waste $32.00 per ton
Non-Compacted Waste 32.00 per ton
Appliances 3.00 each
Whole Tires 6.00 each
Tree limbs/Brush 3.00 per cubic yard
Pull Off Load With Dozer 5.00 per load
Special Waste $28.00 per cubic yard
Heavy Users Within the City Manager's Discretion $5.00
(As Negotiated by the City Manager) per cubic yard minimum
(Code 1961, § 10-12;Ord. No.00-60, § 2, 10-3-2000;Ord. No.05-20,§§4,5, 3-15-2005;Ord. No.05-76, §2, 10-11-
2005;Ord. No.06-44, §2, 7-5-2006; Ord. No.06-55,§2,7-18-2006;Ord. No.06-62, §2,8-15-2006;Ord. No. 12-26
, §2,4-3-2012;Ord. No. 16-05, §2, 1-12-2016;Ord. No. 17-34, Exh.A,9-12-2017;Ord. No. 18-74, §2(Exh.A), 12-
18-2018)
Sec. 86-80.Junk dealer may haul.
Any licensed junk dealer may transport junk,which was lawfully purchased, over the streets and alleys of the
city.
(Code 1961, § 10-13)
Cross reference(s)—Junk and junk dealers, §22-131 et seq.
Sec. 86-81. Classification of premises.
(a) The superintendent shall classify each premises at which refuse originates as either:
(1) Residence;or
(2) Commercial premises.
(b) The obligations of every customer under this chapter shall be determined by the classification assigned.
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(Code 1961, § 10-14)
Sec. 86-82. Depositing for collection.
(a) Placing in container or in piles. Pending collection by city collectors, refuse shall be placed in a container by
every customer in accordance with these rules:
(1) All garbage originated at a residence shall be deposited in the garbage container supplied by the city.
(2) All trash originating at a residence shall be placed for collection as follows:
a. Leaves,grass clippings, paper, packing material,and other material subject to being scattered by
wind,or which would take undue time of collectors in handling,should be placed in throw-away
type containers.
b. Material not subject to being scattered by wind may be placed in a neat pile at the point of
collection.
c. Tree limbs,small amounts of wood and other like material shall be cut not to exceed four feet in
length when practical and be placed in a neat pile at the point of collection.
d. Trash will be collected from each residence in accordance with the schedule established by the
superintendent.
e. A residential customer may use a container not exceeding 30 gallons capacity for trash. No bolts,
pipe, pipe fittings, broken concrete, rocks, or any other object which may damage the
mechanism used in
packer-type collection units shall be placed in any such container with other types of trash.
(3) All garbage originating at a commercial premises shall be deposited in the commercial container
supplied by the city.
(4) All trash originating at a commercial establishment shall be placed for collection as follows:
a. All cardboard boxes, paper and other materials shall be placed in the commercial container.
b. Leaves, packing material,and other material subject to being scattered by wind should be placed
in bags or other containers inside the commercial container.
c. Tree limbs,small amounts of wood, and other like material, shall be cut not to exceed four feet in
length,when practical, and be placed in a neat pile at the point of collection.
d. No long boards, pipe, metal frames,wire, rope, chains, broken concrete, rocks or other object
which might damage the mechanism used in packer-type collection units shall be placed in any
commercial container.
The containers mentioned in this section shall be placed in accordance with the applicable provisions
of subsection 86-82(b) or subsection 86-82(c).
(b) Storage and collection;residential.
(1) Point of storage of garbage.The point of storage for all residential garbage containers shall be at one
of these places:
a. Within a building located on the customer's premises;or
b. In the rear of the customer's premises.
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(2) Position for collection of garbage. The position for collection for all residential garbage containers shall
be one of the following:
a. In the front of the customer's premises between the street and sidewalk;
b. On the city's side of the ditch; or
c. On the customer's side of the curb, unless otherwise specified by the superintendent.
(3) Time of garbage collection. Not later than 7:00 a.m. on regular service collection days, every customer
desiring service shall place his residential garbage container in position for collection. Failure to place
containers before the time may result in noncollection.After a residential garbage container has been
emptied, it shall be returned to the point of storage by the customer.
(4) Point of storage of trash. The point of storage for all residential trash containers is at the rear of the
customer's premises.
(5) Position for collection of trash.The position for collection for all residential trash containers and trash
shall be one of the following:
a. Between the street and the sidewalk;
b. On the customer's side of the ditch;or
c. On the customer's side of the curb,
unless otherwise specified by the superintendent.
(6) Placing trash. Trash to be removed from a residence shall be placed by the customer in position for
collection not more than two days before the scheduled collection.
(c) Storage and collection;commercial.
(1) Point of storage of refuse. The point of storage for all commercial containers shall be at the rear or side
on the customer's premises,when practical.
(2) Position for collection of refuse. The position for collection for all commercial containers shall be at the
point designated by the superintendent.
(3) Time of refuse placing. Not later than 7:00 a.m.on regular service collection days,every customer
receiving commercial container service shall have his commercial container accessible for collection.
Failure to provide access to trash containers before this time may result in noncollection.
(4) Point of storage of trash. The point of storage for all commercial trash not suitable to be placed in the
container shall be placed beside the container for collection.
(Code 1961, §§ 10-15-10-17)
Sec. 86-83. Reserved.
Editor's note(s)—Ord. No.06-40, §2, adopted June 20, 2006, repealed§86-83,which pertained to wholesale
refuse commercial customers and derived from Ord. No.02-52, §2,adopted Oct. 15, 2002;Ord. No.02-57, §
2,adopted Oct. 29, 2002;and Ord. No.03-007, §2,adopted Feb. 18, 2003.
Secs. 86-84-86-110. Reserved.
ARTICLE IV. FEES, CHARGES AND BILLING PROCEDURE
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Sec. 86-111. Carry-out service.
There shall be charged and collected from any customer desiring carry-out service either the fee of$24.25
per month for one carry-out garbage collection per week;or,the fee of$28.25 per month for two carry-out
garbage collections per week.
(Code 1961, § 10-46;Ord. No.00-56, § 1,9-5-2000;Ord. No.01-33, § 1,9-4-2001;Ord. No.06-73, § 1,9-12-2006;
Ord. No. 08-86, § 1,8-26-2008)
Sec. 86-112. Residential garbage.
For each residence within the city,there shall be charged and collected the fee of$18.00 per month for the
first automated collection can and$7.50 per month for each additional automated collection can.
(1) This fee may be paid by the occupant of the residence; however,the owner of the residence shall be
responsible for the payment, provided that:
a. Where water service to a residence is discontinued by the utility operations department because
of vacancy,the fee shall not be charged for the period of time during which the water service is
discontinued.
b. Where, at the request of the owner,a residence has been certified by the community service
department as unfit for human habitation,the fee shall not be charged for the period of time
during which the residence is not used as a dwelling because it is, in fact, unfit for human
habitation.
(2) The payment of this fee entitles one customer to one regular service garbage collection per week.
(3) If the average volume of collection exceeds the size of the garbage container(64-gallon or 96-gallon),
issued to the customer,the customer will be required to go to the 96-gallon or obtain an additional 64-
gallon or 96-gallon size garbage container to adequately serve the customer's needs. For each
additional container used the customer will be charged an additional$2.00 per month.The average
volume shall be checked (and corrected if necessary) by the superintendent at regular intervals.
(Code 1961,§ 10-47; Ord. No.00-56, § 2,9-5-2000;Ord. No.01-33, § 2,9-4-2001;Ord. No.06-73, § 2,9-12-2006;
Ord. No.08-86, §2,8-26-2008;Ord. No. 14-43, §2,9-29-2014;Ord. No. 21-20, § 1(Exh.A),3-30-2021)
Sec. 86-113. Residential rubbish.
A fee of$1.75 per month will be charged for regular service trash collection from a residence;each customer
paying the fee for regular service garbage collection shall be entitled to one regular service trash collection each
two weeks.
(Code 1961, § 10-48; Ord. No. 20-66, § 2(Exh.A), 8-4-2020)
Sec. 86-114. Commercial refuse.
(a) Regular service.
(1) Commercial premises(excluded from this rate charge are multiple dwelling complexes such as trailer
parks and apartment units)will receive sanitation container system service for removal of trash and
garbage under the rates hereinafter set forth, as routes for such services are established by the city.All
institutions,on-hand service, will be required to change to container service when the solid waste
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superintendent shall deem necessary and the containers are made available by the solid waste
department. Under this system,the city will furnish containers of proper size for ample storage
between collections.Charges will be made for the service according to the size of the container and the
number of weekly pickups as follows:
PROPOSED
Commercial Refuse-Regular Service Fees
Container Pickups 2018 2019 2020 Extra
Size Per Year Year Year pick
Cubic Week One Two Three up
Yards 33% 33% 34%
Increase Increase Increase
2 1 $ 62.73 $ 76.32 $ 90.31 $45.00
2 2 $116.16 $134.00 $152.39 $45.00
2 3 $160.96 $187.32 $214.47 $45.00
2 4 $261.03 $45.00
2 5 $307.59 $45.00
2 6 $306.51 $352.91 $400.71 $45.00
4 1 $ 76.09 $ 88.65 $101.59 $60.00
4 2 $142.86 $158.67 $174.96 $60.00
4 3 $203.55 . $225.61 $248.33 $60.00
4 4 $321.70 $60.00
4 5 $337.10 $365.65 $395.07 $60.00
4 6 $387.66 $427.45 $468.44 $60.00
8 1 $108.54 $121.80 $135.45 $95.00
8 2 $202.19 $213.80 $225.76 $95.00
8 3 $291.77 $303.74 $316.06 $95.00
8 4 $389.47 _ $397.80 $406.37 $95.00
8 5 $479.07 $487.74 $496.68 $95.00
8 6 $551.43 $568.94 $586.99 $95.00
(2) Any commercial premises being serviced by the container commercial system service that shall require
an additional container shall be furnished such container for an additional charge,the rate of which
shall be 50 percent of the original container service.The size and number as well as the location of all
containers, shall be determined by the supervisor of sanitation.
(3) When one or more containers will adequately serve several adjacent commercial premises,then they
shall be required to use the same containers and pay a pro rata part of the charge,determined by the
approximate quantity of space used, but in no event shall the pro rata share of an individual user of
such container be charged less than$16.50 per month.
(4) It shall be unlawful for any person, other than the owner, occupant or employees of the premises for
which the container has been furnished or the duly authorized employees of the city,to handle, use or
disturb the container or to handle or disturb the contents.
(5) It shall be unlawful to burn any material in a commercial container furnished by the city or mark upon
or place posters and signs upon the commercial container.
(6) It shall be unlawful for any person to cause or permit the violation of any of the following regulations:
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a. Vehicle parking shall not be permitted near the container that will interfere with service on
collection days.
b. Areas adjacent to the container shall be kept neat and clean.
c. Bulk refuse,such as large cartons and boxes,shall be broken down before being placed in the
container.
d. All refuse must be placed in the container.
e. Lids and end doors of all containers shall be kept closed at all times except when the container is
being filled.
f. No large, heavy objects such as concrete, automotive engines,transmissions, appliances,
furniture, long pieces of wood or metal,and the like shall be placed in the containers, but rather
at the side of such container for collection.
(7) For each commercial premises not receiving sanitation container system service,there shall be charged
and collected a minimum fee of$18.00 per month,which shall entitle one customer to one regular
service refuse collections per week for one residential container, plus an additional fee for each
additional container as set out in section 86-112 and to the limit on number of containers set out in
section 86-38.The average volume shall be checked (and corrected if necessary) by the superintendent
at regular intervals.
(8) The service fees may be paid by the occupant of the commercial premises. However, the owner of the
commercial premises is ultimately responsible for the payment; provided, however,that where water
service to a commercial premises is discontinued by the utility operation department because of
vacancy,the minimum fee set forth in subsection (7)of this section shall not be charged for the period
of time during which the water service is discontinued.
(9) Extra container fee: commercial account holders who request extra containers will be charged a fee of
$100.00 per month for each extra container.
(b) Drive-on service. A drive-on service fee will not be charged in addition to the regular service fee to a
customer who desires to have city collectors drive city trucks on his commercial premises to make regular
service refuse collections. Before drive-on service is rendered, the customer shall execute and file with the
superintendent the contract for refuse collection service which form is set out in section 86-78.
(c) Enclosure services. A customer,who desires to have city collectors open and close the container enclosure
gates or doors,will be charged at a rate of$10.00 per weekly pickup, per month. Before this service is
rendered,the customer shall execute and file with the superintendent the contract for refuse collection
service which form is set out in section 86-78.
(Code 1961, §§ 10-49, 10-50; Ord. No.00-56, §§3-5,9-5-2000; Ord. No. 00-60, §2, 10-3-2000; Ord. No. 01-33, §
3,9-4-2001;Ord. No.06-73, § 3,9-12-2006;Ord. No.08-86,§§3-5,8-26-2008;Ord. No. 16-09, § 1, 1-26-2016;
Ord. No. 17-26, § 1(Exh.A),8-15-2017;Ord. No. 20-66, §§2-4(Exh. A), 8-4-2020)
Sec. 86-115. Special service.
(a) Under the situations described in this section, refuse shall be removed as a special service upon proper
application being made in writing.The fee charged for special service shall be equal to the city's actual cost in
rendering the service.
(b) Situations requiring special service are that a customer desires to have refuse collected for whatever reason
outside of his regularly scheduled collection time.
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(c) The city will not charge for the receipt of trash or debris at the city's landfill on a showing to the city manager
or his designee,that such trash or debris may be trash or debris that has possibly originated from another
city landfill site, and wherein the person picking up and transferring the trash and debris will fully comply
with local,state, and federal laws.
(Code 1961, § 10-51;Ord. No.08-17, § 2, 1-29-2008
Sec. 86-116. Multiple unit service.
For each trailer park,apartment complex or other multiple unit dwellings within the city that are serviced by
commercial container service,there shall be charged and collected a multiple unit service fee as follows, provided
that the following conditions are met.The multiple unit service fee shall be determined as follows:
(1) The multiple unit service fee for a trailer park shall be$15.05 per house trailer space at 80 percent
capacity.The payment of this fee shall entitle each house trailer at the trailer park during the month to
two regular service refuse collections per week at the central position for collection, each collection
not to exceed 30 gallons,except when collection is provided independently to each trailer unit.
(2) Except for trailer parks,the multiple unit service fee shall be$15.05 for each residence or commercial
premises receiving water service.The payment of this fee shall entitle each unit for which the multiple
unit service fee is paid to the regular service collections from the central position for collection, as
described in sections 86-112, 86-113 or 86-114,whichever is applicable.
(3) The service fee for multiple-unit service shall be charged as long as the city provides appropriate
service for the collection of garbage and trash in the city, regardless of whether the trailer park,
apartment complex, or other multi-unit dwelling provides on-site an alternative method of garbage
and trash disposal.
(Code 1961, § 10-52; Ord. No.00-56, § 6,9-5-2000;Ord. No.01-33, §4,9-4-2001;Ord. No.03-019, §2,4-15-2003;
Ord. No.03-026, §2,5-27-2003;Ord. No.06-73, §4,9-12-2006;Ord. No. 21-20, § 1(Exh.A),3-30-2021)
Editor's note(s)—Ord. No. 03-026,§ 2,adopted May 27, 2003 will retain Ordinance No.03-019, except that
alternate service will be allowed for Stonegate Manor Apartments since they already had an alternate
service, i.e., a trash compactor, prior to the enactment of Ordinance No.03-019 and that therefore they will
not be billed for the city's garbage and trash disposal.
Sec. 86-117. Billing.
(a) Generally. Fees for all refuse collections shall be billed by listing them as a separate item on the water bill of
the customer.Any customer who is not billed for water shall be billed for his refuse collection fees monthly
in advance by the department of utility operations. Fees for refuse collections shall be due and payable when
the water bill is due. Nonpayment of the refuse collection fee shall be sufficient grounds for discontinuance
of city water service.All charges and fees for refuse collections will be due and payable within 25 days after
the bill is rendered as is printed on the face of the bill forwarded to the consumer.All bills shall be
considered rendered when sent to the consumer by the accounting and collecting division of the utility
operations department in ordinary mail or personally left at the address of consumer, and the failure of the
consumer to receive any such bill shall in no way relieve the consumer of the duty and necessity of paying for
solid waste service furnished by the city to such person.All charges and bills not paid within 25 days will be
delinquent, and a late charge rate of ten percent will be added to the delinquent amount.A notice of
delinquency will be issued at the end of the second day past the due date. Unpaid bills will be cut ten days
after rendering of the delinquency notice as printed on the face of the notice. It shall be the duty of the
utility operations department to discontinue the solid waste collection service and refuse further service to
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such person until such charges are paid in full or other acceptable payment arrangements made. Service shall
not be reinstated until the delinquent bill and charges have been paid or other payment arrangements made
and then upon the written application of the consumer.Consumers may request a hearing with the utility
office manager prior to service being discontinued.
(b) Special service. Fees for special service shall be paid by the tenth day of the next month following receipt of
an invoice from the city.A handling charge of$2.00 shall be added to an overdue invoice,and the total
amount of the overdue invoice shall be added as a separate item on the water bill of the customer securing
the special service.Any person who is not a customer of the city shall pay cash in advance for special service.
In order to assist the citizens of Port Arthur that have been affected by Hurricane Ike,the city waives all late
fees on delinquent utility accounts for one complete billing cycle.This section will apply to fees that would have
accrued from September 22 through October 31,2008.
(Code 1961, §§ 10-53, 10-54; Ord. No.08-107, § 1, 10-7-2008)
ARTICLE V. FINES
Sec. 86-118. Fine schedule.
(a) The fine schedule for conviction of a violation of this chapter shall be as follows:
Number of Convictions Minimum Fine
First violation $100.00
Second violation 250.00
Three or more violations Not less than$500.00 or more than $2,000.00
(b) This fine schedule will apply to all violations of this chapter unless a fine or surcharge is specifically
mentioned in a section, in which case,the specific fine or surcharge shall apply.
(Ord. No.05-20, §5,3-15-2005)
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