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OR 2006-1121 Solid waste and recycling programAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2006-1121 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3, ARTICLE 3-5, BY CHANGING THE TITLE OF SAID ARTICLE FROM "SANITATION DEPARTMENT" TO "SOLID WASTE AND RECYCLING PROGRAM"; BY AMENDING SECTION 3-5-1 TO PROVIDE FOR THE CREATION OF THE SOLID WASTE AND RECYCLING PROGRAM; BY AMENDING SECTION 3-5-5 BY DELETING THE REFERENCE TO RESIDENTIAL AND REPLACING WITH COMMERCIAL; BY AMENDING SECTION 3-5-12, SUBSECTION B, TO DELETE THE REFERENCE TO THE COMMUNITY PROGRAM COORDINATOR AND REPLACE WITH THE ENVIRONMENTAL HEATH DIVISION; BY AMENDING SECTION 3-5-13, SUBSECTION F, BY AMENDING THE CUBIC YARDS OF FINISHED COMPOST TO BE PROVIDED EACH YEAR; AND BY ADDING SECTION 3-5-14 TO PROVIDE FOR DEFINITIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 3-5 of the City of Coppell Code of Ordinances provides for the Sanitation Department of the City; and WHEREAS, the City has entered into an Agreement with Waste Management to provide Solid Waste and Recycling removal services in the City, under the management of the Environmental Health Division; and WHEREAS, the City Council has determined that Article 3-5 should be updated and amended to provide for the changes wherein this provision applies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; SECTION 1. That Chapter 3 of the City of Coppell Code of Ordinance, be, and the same is, hereby amended by amending Article 3-5, by changing the title of said article; by amending Section 3-5-1 to provide for the creation of the Solid Waste and Recycling Program; by amending Section 3-5-5 by deleting the reference to residential and replacing with commercial; by amending Section 3-5-12, Subsection B, to delete the reference to the 1 63111 community program coordinator and replace with the Environmental Heath Division; by amending Section 3-5-13, Subsection F, by amending the cubic yards of finished compost to be provided each year; and by adding Section 3-5-14 to provide for definitions, which shall read as follows: "ARTICLE 3-5. SOLID WASTE AND RECYCLING PROGRAM Sec. 3-5-1. Solid Waste and Recycling Program. There is hereby created the City of Coppell Solid Waste and Recycling Program. Sec. 3-5-2 ..... Sec. 3-5-5. Commercial collection fee. The fee for commercial collection shall be as established by appropriate city council resolution. Sec. 3-5-6 ...... Sec. 3-5-12. Roll-off containers on residential lots - permits required. B. The Environmental Heath Division may issue a permit... Sec. 3-5-13. Yard trimmings recycling. F. The authorized contractor shall provide, at no charge, one hundred and eighty (180) c. yards of finished compost each year to a location designed by the City of Coppell Parks and Recreation Department to be used at the city's discretion. 2 63111 Sec. 3-5-14. Definitions. Unless the context clearly indicates otherwise, the following words and phrases shall have meaning respectively ascribed to them by this section. Brush means cuttings or trimmings from trees, shrubs, lawns and similar materials. Building line means the line established by the building constructed on the lot. Collection means the act of removing solid waste (or materials that have been separated for the purpose of recycling) for transport elsewhere. Compost means the controlled biological decomposition of organic materials through microbial activity. Consumer Price Index (CPI) means the revised Consumer Price Index for all Urban Consumers (CPI-U), all items, published by the United States Department of Labor, Bureau of Labor Statistics 1982-1984=100. In the event the U.S. Department of Labor, Bureau 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 be then available so as to carry out the intent of this provision. Franchisee means the private waste company that collects, hauls and disposes of solid waste materials within the city limits. Garbage means all solid waste consisting of putrescible animal or vegetable waste that results from the handling, preparation, cooking and consumption of food. Hazardous Waste means any solid waste identified or listed as hazardous waste by the administrator of the EPA under the federal Solid Waste Act, as amended by the Resource Conservation and Recovery Act. Recycfing means the legitimate use, reuse, or reclamation of solid waste. Rubbish means not putrescible solid waste, excluding ashes, that consists of (a) combustible waste materials including paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings, and similar materials (b) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture and similar materials that do not burn at ordinary incinerator temperatures. Refuse means the same as rubbish. 3 63111 Scavenging means the uncontrolled and unauthorized removal of materials at any point in the solid waste management system. Solid Waste means garbage, rubbish, refuse, trash and other discarded material. The term does not include soils, dirt, rock, and other man-made inert solid materials used to fill land, or household hazardous waste. Trash means the same as rubbish. Yard Trimmings means grass, leaf, brush, and tree trimmings (not greater than six inches [6"] in diameter), and bedding/vegetable plants. The term does not include stumps, soil and common poisonous plants." SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as mended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the rema'ming portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and SECTION 4. That this ordinance shall take effect immediately from and afler its passage as the law and charter in such cases provide. DULY PASSEl} by the City Council of the City of Coppell, Texas, this the ,~"day of 2006 ~C~AS N. ~MAYOR ROBERT E. HA~ /CITY ATTORNEY LIBBY BALL, ~ SECRETARY'"' 63111