HomeMy WebLinkAboutPO5497:SOLID WASTE ORDINANCEPUBLI'C WORKS DEPARTMENT
COUNCZL ACT?ON MEMO
TO
FROM
SUB'IECT
DATE
Steve Fitzgibbons, City Manager
John A. Comeaux, P.E., Director of Public Works
P.O. #5497 - Amending Solid Waste Ordinance and Adding a Fine Schedule
March 4, 2005
RECOMMENDAT:[ON:
! recommend that the City Council approve Proposed Ordinance No. 5497, amending
Chapter 86, Solid Waste of the Code of Ordinances and adding Article V, Fines to this
Chapter.
BACKGROUND:
Certain of the Texas Commission on Environmental Quality ('rCEQ) regulations concerning
the operation of landfills have changed, and these changes need to be incorporated into
our Solid Waste Ordinance. The TCEQ requirements include restrictions on receiving loads
that are uncovered and prohibiting smoking at the landfill.
!n addition, even though there are fines included in the Code of Ordinances for violations
of any ordinance, there are currently no fines specifically mentioned in Chapter 86, Solid
Waste. For clarity and ease of enforcement, a fine schedule is being added to this chapter.
BUDGETARY/FISCAL EFFECT:
Adding restrictions in conformance with TCEQ regulations reduce the chance of violations
at the City landfill and thereby reduce any fines being levied against the landfill by the
TCEQ.
EMPLOYEE/STAFF EFFECT:
None
SUMMARY
! recommend that the City Council approve Proposed Ordinance No. 5497, amending
Chapter 86, Solid Waste of the Code of Ordinances and adding Article V, Fines to this
Chapter.
Director of Public Works
.1AQ/reb
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P.O. 5497
03/04/05 reb
ORDTNANCE NO.
AN ORDZNANCE AMENDZNG CHAPTER 86 OF THE CODE OF
ORDZNANCES AS ZT PERTAZNS TO SOLZD WASTE AND ADDING
ARTZCLE V. FZNES~ PROVZDI'NG FOR AN EFFEctiVE DATE~ AND
PROVZDZNG FOR PUBLZCA'rZON.
WHEREAS, the City Council deems it in the best interests of the City to amend Chapter
86 of the Code of Ordinances, and to add Article V. F~NES, providing a fine schedule for
violations of this ordinance.
NOW, THEREFORE, BE ~r ORDAINED BY THE CZTY COUNCI'L OF THE C~I'Y OF
PORT ARTHUR, TEXAS,"
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Section 86-77 of the Code of Ordinances is hereby amended by
adding subsections (g) and (h) as follows:
"Sec. 86-77. Refuse disposal site,
(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 par~ of the oad by blowing or spilling,
Offenders will be subject to a $10.00 (ten dollars) surcharge added to their
disposa 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 (fifty dollars) and a maximum fine of $500.00 (five
hundred dollars) per occurrence."
That Section 86-78 of the Code of Ordinances is hereby amended as
~ection 3.
follows:
P.O. 5497
Page 2
"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."
Section 4. That subsections (b) and (c) of Section 86-79 of the Code of Ordinances
are hereby amended as follows:
"Sec. 86-79. Who may collect and dispose of refuse,
(b)
(c)
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.
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 this section 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 cash deposit in advance in the minimum amount of $500.00 (five
hundred dollars), or such other amount as determined by the Director of Public
Works 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 firm shall also file a dba certificate, articles of incorporation, and/or
P.O. 5497
Page 3
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.
Section 5. That Section 86-79 of the Code of Ordinances is hereby amended by
adding subsections (d) and (e) as follows:
"Sec. 86-79, Who may collect and dispose of refuse.
(d)
REFUSE DZSPOSAL RATE SCHEDULE
Waste Type
Compacted Waste
Non-Compacted Waste
Appliances
Whole Tires
Tree limbs/Brush
Pull Off Load With Dozer
Cost per Unit
$6.50 per cubic yard
$6.50 per cubic yard
$3.00 each
$6.00 each
$1.00 per cubic yard
$5.00 per load
Disposal of waste which requires special handling will be charged as per cost and
classified as "hard to handle". This "hard to handle" rate will cover the cost of
disposal, including an administrative charge and an hourly charge for any heaw or
specialized equipment required for the handling of this waste. For City residents,
will be no charge for disposal of up to two (2) cubic yards from a private
residence. However, due to increased cost of disposal and fees paid to the Texas
Commission of Environmental Quality, the solid waste superintendent may limit
amounts that citizens haul to the landfill each month.
P.O. 5497
Page 4
(e)
DESCRZP'rZON AND CLASSZFlrCA'rZON OF SOLTD WASTE
TYPE !
This type of waste consists of organic wastes, such as garbage, wastewater
treatment plant sludge, and food waste, that is capable of being decomposed by
microorganisms with sufficient rapidity as to cause odors or gases or is capable of
providing food for attracting birds, animals, and disease vectors.
TYPE ~V
This type of waste consists of construction and demolition debris, such as
sheetrock, wood, shingles, carpet, etc. and tree limbs, and brush.
SPECIAL WASTE
This type of waste will consist of any solid waste or combination of solid wastes
that, because of its quantity, concentration, physical or chemical characteristics, or
biological properties, requires special handling and disposal to protect human
health or the environment. If improperly handled, Transported, stored, processed,
disposed of, or otherwise managed, it may pose a present or potential danger to
human 'health or the environment. This type of waste will be accepted in
accordance with state regulations and will be billed as per cost of handling in
accordance with subsection 86-79 (d)."
P.O. 5497
Page 5
~ That Chapter 86 of the Code of Ordinances is hereby amended by adding
AR1/CLE ¥. FINES, Section 86-:1].8 which shall read as follows:
"ART/CLE 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
First violation
Seconc violation
Three or more violations
Minimum Fine
$:[00.00
$25O.OO
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 'n a section, in which case, the specific fine or
surcharge shall apply."
Section 7. That this being an Ordinance which requires publication, its caotion shall
be published at least one (1) time within ten (10) days after final passage hereof in the official
newsoaoer of the City of Port Arthur, and this Ordinance shall take effect immediately after the
date of oublication.
~ That, a copy of the caption of this Ordinance be spread upon the Ninutes
of the City Council.
READ, ADOPTED, AND APPROVED on this day of , A.D. 2005 at
a regular meeting of the City Council of the City of Port Arthur, Texas by the following vote:
Ayes: __ Mayor:
Councilmembers:
Noes:
P.O. 5497
Page 6
Mayor
Attest:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
.lohn A. Comeaux, P.E.
Director of Public Works
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EXHt'BTr A
CONTRACT FOR REFUSE COLLECTZON SERVZCE
THE STATE OF TEXAS,
COUNTY OF 3EFFERSON~
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"),
W[TNESSETH:
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 will remain the
property of the City).
(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 (10) 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
Witness our hands this the
CUSTOHER
BY:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
day of
premises,
~ A.D., 20
THE CZ'fY OF PORT ARTHUR
BY:
Agent of the City of Port Arthur
lofl
THE STATE OF TEXAS,
COUNTY OF JEFFERSON,
EXHTBZT B
COMMERCZAL REFUSE DZSPOSAL CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
This contract, made and entered into by and between the City of Port Arthur acting by its Director of
Public Works or his designee and hereafter styled "City", and ,
hereafter styled "Hauler", whose address and telephone number are as follows:
Telephone:
!
In consideration for the monthly payment of fees, Hauler may deposit refuse at the City's landfill. Hauler
shall deposit in advance the sum of $_ in cash with the City to be held to secure any
delinquent charges. Fees shall be billed monthly.
The Hauler shall identify in detail the refuse to be disposed of and where it was generated.
The Hauler shall then be able to deposit refuse at the City's landfill but cannot deposit more than double
the amount covered by his deposit. Once the Hauler exceeds that amount or is late in his payments, he
shall be required to pay C.O.D.
The Hauler shall pay all arrears within 25 days, and falling to do so shall pay a late fee of ten percent
(10%) of the arrears, if collections proceedings are required, the Hauler shall also pay attorney fees and
court costs.
¥
The Director of Public Works or his designee has the discretion to not allow Hauler access to the landfill if
Hauler has a poor credit record, wants to deposit refuse that is not allowed in the landfill, or refuses to
state where the waste was generated, or refuses to deposit refuse in the designated area.
Vi
in further consideration, Hauler agrees to release the City and its employees from any damages or
injuries in using the City's landfill, and agrees to indemnify and hold harmless the City, its agents, and
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employees from all liability, damages, injuries, claims, causes of actions, and expenses arising in
connection with its use of the City's landfill.
This contract shall be from month-to-month, but may be cancelled by either party upon the giving of ten
(101 days' written notice mailed to the respective address indicated in this contract. Provided, that this
contract may be immediately cancelled Dy the City, without prior written notice, upon Hauler's failure to
pay the prescribed fees or upon Hauler's violation of any rules governing the use of the City's landfill.
SIGNED and AGREED to on this the
HAULER
day of , A.D., 20
BY:
SIGNED and AGREED to on this the
THE (3TY OF PORT ARTHUR
.day of , A.D., 20
BY:
Director of Public Works of the City of Port Arthur
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