HomeMy WebLinkAboutORD 2007-61 - Garbage Collection & Disposala
An Ordinance of the City Council of the City of
Georgetown,
AmendingSections 13,12.020;13911030; 14 1 1 13.12.060;
is and 13.12.100 of the City ,of OrdinancesRelating to
"Garbage Collection and Disposal*" Repealing Conflicting Provisions*
Providing Providing
an Effective Date,
WHEREAS, the City Council of the City of Georgetown recently re -negotiated a garbage
hauling d disposal contract with Texas Disposal Systems; and
WHEREAS, the Texas Disposal System contract negotiations have resulted in changes in
definitions and services, as set forth herein; and
WHEREAS, the City Council has found and determined that it is in the best interest of
the public to update Chapter 13.12 to reflect the garbage hauling and curbside recycling
services that are part of the Texas Disposal Systems contract.
THEREFORE, BE IT ORDAINED ! OF
GEORGETOWN,
SECTION 1: The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated by reference herein and made
a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance
implements the following Century Flan Policy Statements — Goals and Strategies:
3.0 Policy Statement: "City owned, sponsored, or managed Health and human
services enhance the quality of life for the citizens of Georgetown. "
11.0 Policy Statement: "City owned, sponsored, or managed utilities are
competitively priced and provide safe, adequate, and reliable services to all
customers. "
Further, as required by Section 2403 of the Administrative Chapter of the Policy flan, the
City Council hereby finds that the enactment of this Card` ce is not inconsistent with
or in conflict with any other Century Plan Policy Statements.
Ordinance No.gl
Garbage Collection and Disposal Chapter 13.12
Page 1 of 11
SECTION 2: Existing Section 13.12, 20, "Definitions" is hereby amended to provide
as follows:
As used in this chapter, the following terms have the respective meanings
ascribed to themv
"Bags" means a paper or plastic sack, designed to store Solid Waste,
having sufficient wall strength to maintain physical integrity under normal
loading when lifted by the top,
"Bulky Waste" includes appliances, furniture and other large waste
materials or items that do not fit in the Container, but does not include
construction debris, refrigerant�charged appliances, Dead Animals,
Hazardous WasteorstableI
"Bundle." Means tree, shrub and brush trimmings or newspapers anil
magazines securely tied together forming an easily handled package noll
exceeding four feet in length or 35 lbs. in weight.
"City" means not only the area within the corporate limits of the City as it
now exists and as may hereafter be changed, but also those areas outside
such Citv Limits where r utility orutilities • a served bythe City,except
in those instances where a contrary intent is apparent,
" ornmercial Customer' means any customer who is not a Residential
Customer.
"Construction Debris" means waste resulting from construction or
demolition projects; including all materials that are directly or indirectly
the by�products of construction work or that result from demolition of
buildim4s and other structures, including, but not limited to, paper,
Y
ypsum board, wood, rubber and plastics.
"Container" means a plastic container provided by Contractor to Customer
i attached lid and wheels used to store Solid Waste. Container
capacities under this Contract shall include 35, 65, and 96 gallons.
"Contractor" means the person or entity with which the City has a contract
for the provision of solid waste collection and disposal services and
recycling collection and services.
Ordinance filo.
Garbage Collection and Disposal Chapter 13.12
Mage 2 of 11
"Dumpster" means a metal or poly4ype receptacle provided by Contractor
to commercial customers designed to be lifted and emptied mechanically.
"Front®Load Compactor" means a compactor with a capacity of (6) cubic
yards that performs compacting functions, and that is typically serviced
with a fro t4oad truck
"Garbage" means readily decayable Solid Waste, including Dead Animals,
animal and vegetable waste, food containers, and all other waste matter
which is likely to attract flies or vermin, except any matter included in the
definitions of Bulky Waste, Construction Debris, Unacceptable Waste,
Hazardous Waste, Rubbish or stable matter.
"Hazardous waste" means any chemical, compound, mixture, substance or
g,rticle designated as a "hazardous waste" under state orfederal law,
"Infectious waste" means any chemical, compound mixture, substance or
article which is designated to be "infectious" as that term is defined by or
pursuant to Federal, State or local laws and ordinances,
"Recyclable Materials" means the following materials, unless otherwise
provided iy the City's Department of # Aluminum
beverage cans;ferrous• I• officepaper; envelopes; it •
newsprint/magazines, polyethylene terephthalate (PET) and high density
polyethylene plastics (HDPE)*,
and direct r advertisements.#
commercial customers, the term also includes materials that are sold as
commodities to brokers or end users (e.g., cardboard or plastic wrapping
materials generated from retail stores).
l • Bin" means • plastic Bin with r capacityof approximately►:
gallons furnished by the Contractor to each Residential and certain
Commercial # _ collection # RecyclableMaterials.
"Refuse" means all wastes resulting from domestic, commercial or
industrial operations incident to urban life, except sewage, but including
garbage, brush and trash,
41
vResidential Customer" means a customer located in a room or set o
'table for residential use by a Wle single including a
rooms sul
family dwelling, duplex, fourplex,apartment or # #•
familyunit. A residential unit shall be deemed occupied when either water o
electric services are being supplied thereto. A townhouse, fourple
duplex, or condominium dwelling, whether of single or multi4ev
construction, consisting of four or less contiguous or separate sing I
dwellingunits, shall betreated residential
each single4amily dwelling within any such residential unit shall be bille
Ordinance No.
Garbage Collection and. Disposal Chapter 13.12
Mage 3 of 11
#• r "
Compactor
tefinition.
Those r -•
by
(Roll�Off or # oad) shallnot be included in thly
Dumpster,Roll-Offor
"Roadside" eans within the Mate, County or City right-ofmway, including
alleyways, on either side of open ditches.
"Roll -Off Compactor" means a compactor that is stationary or self-
contained, with a capacity of (20) cubic yards or greater that performs
compacting functions, and that is served or able to be serviced with a roll-
off truck.
"Roll -Off" ' eans a detachable Container with a capacity of 20 cubic
yards or greater.
iimeans
metallicwood, wood products, grass cuttings, plants, leaves, paper, cardboard,
cloth, leather, footwear, ashes, cinders, floor sweepings, glass, mineral or
r and a . waste* other thanBulky
trimmingsconstruction debris, Garbage, Hazardous Waste, stable matter, tree
or Yard Waste.
"SolidWaste"_ i. ,.Rubbish, Bulky Waste,! i
iebris, and Yard Waste, but not including Unacceptable Waste.
"Trash" means refuse that can be handled in a standard garbage truck, such
ashousehold trash(discarded clothing, toys, papers,• # yard waste
(grass clippings, small shrub and tree trimmings, leaves and the like).
"UnacceptableWaste" means any and all waste that is:
1 Waste which is now or in the future prohibited from disposal at a
sanitary landfill by state or federal laws or the regulations
promulgated thereunder;
2. HazardousWaste;
3. Special waste, as defined by the laws of the State of Texas or the
regulations promulgated thereunder;
4. tires, concrete, and bulk petroleum or chemical products or y®
products;
. septic tank pu ping and grease and grit trap wastes;
6. sludge waste, including water supply treatment plant sludges and
stabilized and/or unstabilized sludges from municipal or industrial
wastewater treatment plants,
7. medical waste, including infectious or pathological waste from
laboratories, research facilities, and health and veterinary facilities,
and sharp objects such as syringes that are not in a protective
sealed container;
Ordinance No.
Garbage Collection and Disposal Chapter 13.12
Page 4 of 11
. liquid waste, which for the purposes of this Contract means any
waste material that is determined to be or contain "free liquid" by
the paint filter test (EPS Method 9095);
9. Mass 1 industrial waste from an industrial process;
10. waste from a pollution control process;
11, waste transported in a bulk tanker,
12. friable and/or nonfriable asbestos waste;
1. empty containers which have been used for pesticides, herbicides,
fungicides, or rodenticides; or containerized waste (e.g., a drum,
barrel, portable tank, box, pail, etc.) of a type listed in this
definition;
14. residue or debris from the cleanup of a spill or release of chemical
substances, commercial products or other wastes listed in this
definition;
15. soil, water, residue, debris or articles which are contaminated from
the cleanup of a site or facility formerly used for the generation,
storage, treatment, recycling, reclamation, or disposal of
Unacceptable Wastes listed in this definition, including soil
contaminated from underground storage tanks used or formerly
used for the storage of petroleum products;
1. any waste that requires other than normal handling, storage,
management and/or disposal;
17. dead animals and/or slaughterhouse waste, except for animals
euthanized under authority and direction of the City; or
18. any waste which because of its quantity, concentration, frequency
of disposal, required disposal procedures, regulatory status, or
physical, chemical, infectious or other characteristics jeopardizes
or may jeopardize the environmentally sound operation of a
disposal site.
"Utilities" means water, sewer service, electrical service, garbage
collection service. As used in this chapter, it means one or more of such
services.
"Vector (of disease)" means an animal or insect which transmits infectious
diseases from one person or animal to another by penetrating the skin or
mucous membrane, or by just depositing infective material on the skin or
food or on another object.
"Yard Waste". Tree limbs, grass and plant clippings, and tree or brush
Lrimmings bagged
SE TT 3: Section 13.12.030(c), "Accumulation of aste atter Prohibited," is
hereby amended to provide as follows:
Ordinance No.
Garbage Collection and Disposal Chapter 13.12
Page 5 of 11
* It is unlawful for any person, firm or corporation to place, deposit
or throw, or permit or cause to be placed, deposited or thrown, any
garbage, brush, loose waste or refuse of any kind on public or private
property outside of any house, building, flat or tenement in the City,
unless the same has been deposited in accordance with the provisions of
this chapter.
followingB* The
acts, among others, are declared to be unlawful and
in violation of this chapter, and subject to the penalties as provided by this
chapter,but i deemed to be
1, Throwing, placing, dumping or depositing of any lawn
trimmings, hedge trimmings or any other cuttings or trimmings, or
weeds, flowers or other vegetation on any lot, vacant or occupied,
driveways or any other property;
2* Throwing, placing, dumping or depositing of any lawn
lam` trimmingsi i • . or is
weeds, flowers or other vegetation in any gutter, street, sidewalk,
parkway, driveway,b, alley or any other public property;
Throwing, i' r dumping i depositing of any garbage,
refuse or animal or vevetable waste matter of any kind on or in any
lot,, vacant or occupied, driveways or any other private property;
tCausing or permitting to be or or •i
premises, private or public, any animal, vegetable or mineral
matters of any composition, or residue thereof, which is an
unsanitary condition or i to public health,and after any of
such has remained upon any premises, public or private, for more
than seven days, it will be presumed that same is an unsanitary
condition and injurious to public health.
Ce A violation of this chapter constitutes a isde eanor and is
subject to the penalties provided in Section 1.08.010 of this code. I
addition, the actual cost of removing the garbage, brush loose waste, or
refuse shall be billed to the utility account of the most recent occupant at
that location,
"Garbage Collection and Charges Mandatory —
SECTION 4* Section 13,12.040,
Exceptions," is hereby amended to provide as follows:
Sec. 13.12.040. Garbage collection charges ato ��
Exceptions,
Ordinance No.
Garbage Collection and Disposal Chapter 13012
Page 6 of 11
1 0 The charges fixed in this chapter and in Section 13.04,180
trash,of this Code for the removal and disposal of all garbage, brush,
building,all owners, occupants, tenants or lessees using or occupying any
i . or structure receiving
r.; service. Since e
proper and prompt removal of all garbage, brush, trash, refuse
matter and other waste materials is essential to the preservation of
public health and safety, it is deemed necessary that at least the
appropriate minimum charge be levied against every person,, owner
or occupant., or occupying any premisesas s
residence or commercial establishment and thus provide for more
even and equitable distribution of the cost of this service to the
citizenry enjoying
..i, benefits
, . thereof,
,.i Where
. apartment o a.
or other building served waterthroughone i
whose name the water account stands may elect to be responsible
for - paymentof . garbage i.. .. for persons
apartment or t• who are subjectto the provisions of this
chapter.absence of ! each
apartment or building is subject to charge for garbage collection
with his or her utility bill.
2. Except as provided in this chapter, all owners, occupants,
tenants and lessees using or occupying any building, house or
structure within the corporate limits of the City are required to use
exclusively the City's Contractor.
3. The hours and days of collection shall be as set forth in the
contract between the City and the Contractor,
ttComplaints ai iservice / be directed i the
BeContractor or to the City's Environmental Services Department*
Exceptions.
1. Unacceptable Waste. Unacceptable Waste must be legally
disposed of by the owner through facilities or services other than
those of the City.
2. Roll—Offs (including Roll Off Containers, Roll,wOff
Compactors; and Front Load Compactors).
Ordinance No.
Garbage Collection and Disposal Chapter 13.12
Page 7ofll
a. The City's Contractor shall provide Roll -Off Containers,
Roll -Off Compactors, and Front Load Compactors to Customers
upon request from a Customer.
bv Nothing in this Codeshall require a Customerto use Roll -
Off
Compactors provided by the City's Contractor 1 (1) the
Lransporter is the generator of the material being transported and
owns the Roll~Off Container(s), Roll�Off Compactor(s), and Front
Load Compactor(s), and the truck that services the Roll�Off
Container(s), Roll�Off Compactor(s), and Front Load
Compactor(s); or (2) the Roll�Off Container(s), Roll�Off
Compactor(s), ♦ N Front LoadCompactor(s)used for
C* The Customer shall arrange for provision of Roll�Off
Containers, Roll�Off Compactors, and Front Load Compactors
services and the billing for same directly with the Contractor and
` City shall ! be
responsible
! of provision these services.
3. Anyone whose home is both vacant and under contract to sell will
e exempt from paying the garbage rate upon application for exemption
with the Utility Office.
SECTION 5: Section 13.12.050, "Persons Required to deep Containers," is hereby
amended to provide as follows:
Every
owner,
. ♦ . lessee,
..a.. tenant or occupant of . house, building, flat,
apartment, tenement or commercial establishment in the City, where
persons reside, occupy, board or lodge, or where animal or vegetable food
is prepared or served, shall provide such house, building, flat, apartment,
tenement or commercial establishment, and at all times maintain in good
order and repair, a bag or container, or bin which may be provided by the
designated i ! !` of disposal servici a_ for lostor i
containers shall be charged in accordance with Section 13.04.180(E).
SECTION 6: Section 13.12.060, "Collection of Garbage, Refuse, Brush, and Othe"
Waste Material," is hereby amended to provide as follows* I
Sec. 13.12.060. Collection of garbage, refuse, brush and other waste
material.
'.
Ordinance No.
Garbage Collection and Disposal Chapter 13.12
Page 8 of 11
A0 The City's Contractor shall provide roadside pickup and disposal
of i #' waste, as as ! !- collection of se materials • !
idential customers. The frequency
yard waste and bulky waste to all resi
and allowable volumes of such collection shall be established by the City
Be The City's Contractor shall provide pickup and disposal of solid
waste to all commercial customers, and, upon request of the customer and
in designated areas of the City, the City's Contractor shall also provide
commercial customers with pick up of Recyclable Materials. The
frequency and allowable volumes of such collection shall be established
by the City Councilfrom
co The owner and the occupant of premises served by the City's
Contractor are each responsible for compliance with this article. The City's
or Contractor's utility billing records are prima facie evidence of the
identity of the occupant.
D w All solid waste, other than bulky waste and yard waste, shall be
placed for collection only in Begs and Containers, or Dumpsters for
commercial customers.
E* Bulky waste shall be placed for collection only after the city has
been i # of __! for specialcollection.
. Yard waste must be securely tied together in bundles not
exceeding four feet in length or 35 lbs. in weight.
Bags and containers shallplaced i i i !` #
the night preceding collection day and 7:00 a.m. of collection day and
shall be placed as close to the roadway as practicable without interfering
ii
with vehicles or pedestrians,
He Only recyclable materials approved by the City shall be placed in
Bins.
SECTION 7: Section 13.12,080, "Rates generally," is hereby amended to provide as
follows:
The general and reasonable rates for collecting garbage and brush under
the provisions of this chapter and Section 13.04.180 shall be determined
l fixed by ordinance i theCity Council.
collection rates shall at least be in an amount necessary to meet the cost of
Ordinance No.
Garbage Collection and Disposal Chapter 13. 12
Page 9 of l 1
services contemplated by ser. Such rates shall be available
writing #;the Cityoffices duringbusiness
SECTION : Section 13.12.090,"Billing and collecting-� uty of City Manager," is
hereby repealed in its entirety.
SECTION 9: Section 13.12.100, "Failure to Pay Charges — Discontinuance of Water
Service," is hereby amended to provide as follows:
Sec. 13.12.100. Failure to pay res®m ls continuance of RILli!j
service,
All sanitary service charges, including, but not limited to, garbage
collection ., are due monthlyand must bepaid to the City when due,
and if not paid, the City has the right to suspend solid waste service and
any !ther City utility service (e.g., water wastewater,to such
premises and such services shall not be turned on again until said bill has
been paid in full, including!i ! s r for disconnecting and
resumption of services. Such charges are fixed and may be increased or
decreased by the City Council by ordinance, from time to time, and such
charges are available in writinf at the City offices.
longerSECTION 10: All Ordinances and Resolutions, or parts of Ordinances and Resolutions
that are in conflict with this Ordinance are hereby repealed, and no
SECTION 11: If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
applications thereof, of this Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 12: The Mayor of Georgetown is hereby authorized to sign this Ordinance and
the City Secretary to attest. This Ordinance shall become effective and be in full force
and effecting accordance with the terms of the City Charter.
ASD AND APPROVED on First Reading on the No day of�z_ �= y .� 2007a
PASSED AND APPROVED on Second Reading on the �day of,�
2007.
ATTEST;
Patricia E. Carls
City Attorney
Ordinance No.
Garbage Collection and Disposal Chapter 13.12
Page I I of 1 I
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