§ 9.5-1. 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:
Acceptable brush means brush that is securely tied together, forming an easily handled package not exceeding four (4) feet in length or fifty (50) pounds in weight.
Acceptable waste means any and all waste that is solid waste and that is acceptable for disposal in a landfill, except for "unacceptable waste," as defined herein. No garbage that produces noxious odors is allowed.
Agreement means the current Citywide Solid Waste Collection and Recycling Services Agreement.
Backdoor service means waste pickup from behind the building line, if the waste to be picked up is visible from the side of the building facing the street and the waste is placed in such a manner clearly visible from the street as to be accessible without entering a gate. Backdoor service shall be provided at a cost higher than the proposed curbside service.
Brush means tree, shrub, and bush trimmings.
Bulky waste means solid waste that is too large, heavy or bulky to be collected during normal garbage collection, including but not limited to brush other than acceptable brush, refrigerators, stoves, water heaters, other large appliances, and materials resulting from minor remodeling, but excluding construction debris, dead animals, and stable matter with weights or volumes greater than those allowed for containers; nothing that constitutes unacceptable waste will be considered bulky waste.
Commercial hand-collect unit means a retail or light commercial type of business that generates no more than one (1) cubic yard of waste per week.
Commercial premises means all premises, locations or entities, public or private, requiring waste collection within the corporate limits of city, not a residential premises.
Commercial refuse means all bulky waste, construction debris, garbage, rubbish and stable matter generated by a customer at a commercial premises; nothing that constitutes unacceptable waste will be considered commercial refuse.
Commercial waste means all acceptable waste generated by a customer at a commercial premises excluding unacceptable waste.
Construction debris means waste building materials resulting from construction, remodeling, repair, or demolition operations.
Consumer price index (CPI-DFW) means the revised consumer price index for the Dallas/Fort Worth Metropolitan Area (CPI-DFW), twelve-month average for all items as published by the United States Department of Labor, Bureau of Labor Statistics, Region 6. In the event the U.S. Department of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may then be available so as to carry out the intent of this provision.
Container means a receptacle with a capacity of less than thirty-three (33) gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting. The mouth of a container shall have a diameter greater than or equal to that of the base. Container can also be a plastic garbage sack. When loaded, container shall not exceed fifty (50) pounds.
Contract documents means the request for qualifications, invitation to proposal, instruction to contractors, contractor's proposal, general specifications, the contract performance bond, and any addenda or changes to the foregoing document agreed to by city and contractor, and the citywide solid waste collection and recycling services agreement.
Customer means a residential user, commercial hand collect user, or commercial user who generates waste.
Debris means dirt, concrete, rocks, bricks, lumber, plaster sand or gravel, other waste building materials, automobile frames, or large, uncut dead trees.
Garbage means solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling, and sale of produce and other food products.
Hazardous waste means any solid waste characterized, identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 USC, §6901 et seq., as amended, or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C.A. Section 2601 et seq., regulations promulgated thereunder or applicable state law concerning the regulation of hazardous or toxic wastes.
Landfill means a lawfully permitted facility used by contractor where solid waste is disposed of between layers of earth.
Medical waste means solid waste generated by health-care-related facilities and associated with healthcare activities, not including garbage or rubbish generated from offices, kitchens, or other non-health-care activities. The term includes special waste from health care-related facilities which is comprised of animal waste, bulk blood and blood products, microbiological waste, pathological waste, and sharps as those terms are defined in 25 TAC § 1.132 or any successor. The term does not include waste produced on farmland and ranchland as defined in Agriculture Code, § 252.001(6) or any successor, nor does the term include artificial, nonhuman materials removed from a patient and/or requested by a patient, including but not limited to orthopedic devices and implants.
Premises means all public and private establishments, including individual residences, all multi-family dwellings, residential care facilities, hospitals, schools, businesses, other buildings, and all vacant lots.
Recyclable materials means material that has been recovered or diverted from the nonhazardous solid waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products, which may otherwise be produced using raw or virgin materials. Recyclable materials is not solid waste. However, recyclable materials may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect only to the party actually abandoning or disposing of the material.
Recycling means a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete, are collected, separated, ground or processed and returned to use in the form of raw materials used in the production of new products or for any beneficial purpose. Except for mixed municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, recycling includes the composting process if the compost material is put to beneficial use.
Recycling container means a plastic receptacle with lid for the purpose of curbside collection of recyclable materials, with a minimum capacity of sixty-five (65) gallons provided by contractor.
Refuse means residential and commercial bulky waste, construction debris and stable matter generated at a residential or commercial premises; refuse excludes debris not included in construction debris definition and unacceptable waste.
Residential premises means a dwelling within the corporate limits of city occupied by a person or group of persons comprising not more than four (4) families. A residential premises shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction, consisting of four (4) units, shall be treated as a residential premises, except that each single-family dwelling within any such residential premises shall be billed separately as a residential premises.
Residential waste means all acceptable waste generated by a customer at a residential premises excluding unacceptable waste and debris, but including acceptable brush and bulky waste.
Rubbish means nonputrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials; combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and the like materials which will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit.)
Solid waste means mean any garbage, rubbish, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, and community and institutional activities. The term does not include: (a) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under the Water Code, Chapter 26; (b) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; (c) waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under the Natural Resources Code; (d) special waste; (e) medical waste; or (f) hazardous waste; provided that such material must be of the type and consistency to be lawfully accepted at the Landfill under the applicable federal, state and local laws, regulations and permits governing each.
Special waste means waste that is defined as such by applicable state or federal regulation and which because of its quantity, concentration, physical or chemical characteristics, or biological properties requires special handling and disposal to protect the human health or environment. Special waste shall include (a) waste from a nonresidential source, (b) dead animals, (c) containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.), (d) waste transported in bulk tanker, (e) liquid waste, (f) sludge waste, (g) waste from an industrial process, (h) waste from a pollution control process, (i) residue and debris from the cleanup of a spill or release of chemical, and (j) any other 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 the landfill, as determined by contractor in its sole discretion.
Stable matter means all manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock.
Unacceptable waste means any and all waste, the acceptance and handling of which by contractor or the disposal of which in a landfill would cause a violation of any landfill permits or applicable laws or which is prohibited by applicable laws, cause substantial damage to all or any portion of the landfill or any improvements thereon or equipment used in connection therewith, contractor's equipment or facilities, or present a substantial danger to the health or safety of the public or contractor's or city's representatives, agents or employees, including (without limitation) hazardous waste, medical waste, special waste, asbestos, brush which is not acceptable brush and refrigeration appliances that have not had CFC's removed by certified technician. Unacceptable waste also includes waste which is prohibited from disposal at the landfill by contractor including tires, concrete, and bulk petroleum or chemical products or by-products; liquid waste, as defined herein, and septic tank pumping and grease and grit trap wastes, sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants or dead animals and/or slaughterhouse waste, except for animals euthanized under authority and direction of city.
(Code 1965, § 11-1; Ord. No. 1360, § 1, 3-12-92; Ord. No. 1526, § 1, 2-13-96; Ord. No. 1611, § 1, 2-10-98; Ord. No. 1708, § 1, 2-8-00; Ord. No. 1752, § 1, 2-13-01; Ord. No. 1888, § 1, 10-14-03; Ord. No. 2385, § 1, 4-24-18)