OR 2014-1400 Solid Waste
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 2014-1400
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 3, ARTICLE
3-5, SOLID WASTE AND RECYCLING PROGRAM TO SOLID WASTE,
RECYCLABLE MATERIALS, AND YARD TRIMMINGS PROGRAM;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
.
WHEREAS
, the City of Coppell desires to have a quality solid waste, recyclable materials
and yard trimmings program; and
WHEREAS,
the citizens of Coppell will benefit from a quality solid waste, recyclable
materials and yard trimming program; and
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL,
TEXAS, THAT:
SECTION 1.
That Chapter 3, Article 3-5.Solid Waste and Recycling Program is hereby
amended to read as follow:
“ARTICLE 3-5. SOLID WASTE, RECYCLABLE MATERIALS,
AND YARD TRIMMINGS PROGRAM
Sec. 3-5-1. - Applicability.
Except where expressly provided otherwise in this Article, this Article shall apply to the
Solid Waste, Recyclable Materials, and Yard Trimmings generated, stored, collected,
and/or otherwise found in the city.
Sec. 3-5-2. - Purpose.
The purposes of this article include, but are not necessarily limited to, the following:
A.To protect the health, safety, and general welfare of the city and the city
residents and businesses;
B.To provide environmentally sound, cost-efficient Solid Waste and resource
recovery management;
C.To provide for the safe and proper handling of Solid Waste generated, stored,
collected, and/or otherwise found within the city;
D.To promote a city-wide recycling program; and
E.To deter illegal dumping.
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Sec. 3-5-3. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Brush means Yard Trimmings that cannot be easily contained in a Yard Trimmings Can,
Yard Trimmings Bag or Bundle.
Building Line means the line established by the building constructed on the lot.
Bulky Waste means Solid Waste composed of materials not easily contained in a Solid
Waste Bag such as, but not limited to White Goods, furniture, Brush, large electronics, and
other oversized Solid Waste.
Bundle means Yard Trimmings securely tied together forming a package that may be easily
handled, not to exceed five (5) feet in length or forty (40) lbs. in weight.
Can means a receptacle owned by the Owner or Occupant used for Solid Waste or Yard
Trimmings Set-outs.
Cart means a receptacle of approximately ninety-five (95) gallons or sixty-five (65) gallons
purchased by the Franchisee used for Program Recyclable Materials Set-outs.
City Program means the Collection of Solid Waste, Recyclable Materials, and/or Yard
Trimmings by the Franchisee.
Collection means the act of removing Solid Waste, Recyclable Materials, and/or Yard
Trimmings for transport elsewhere.
Commercial Container means Dumpsters and Roll-offs.
Commercial Hand Collect Property means a Commercial Property which Set-outs no more
than ten (10) Solid Waste Bags per Scheduled Collection Day based on two (2) Collections
per calendar week. Commercial Hand Collect Properties do not utilize Commercial
Containers.
Commercial Property means all establishments other than Residential Property within the
corporate limits of the City.
Construction and Demolition Debris means waste resulting from construction or
demolition projects; includes all materials that are directly or indirectly the by-products of
construction work or that result from demolition of buildings and other structures,
including, but not limited to, paper, cartons, gypsum board, wood, excelsior, rubber, and
plastics.
Curbside means a location designated by the Director for Collection of Solid Waste,
Recyclable Materials, and Yard Trimmings from a Residential Service Unit. The location
shall be within four (4) feet of the curb or traveled portion of any roadway, including an
alley, and outside any fence.
Department means the Engineering and Public Works for the city.
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Director means the Director of Engineering and Public Works for the city or his/her
designee.
Disposal Site means a Landfill or other Solid Waste management facility permitted under
all applicable local, state, and federal laws and regulations for Disposal of Solid Waste.
Dispose or Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any Solid Waste or hazardous waste (whether containerized or uncontainerized)
into or on any land or water so that such Solid Waste or hazardous waste or any constituent
thereof may enter the environment or be emitted into the air or discharged into any waters,
including groundwater. Contractor shall Dispose of materials at a Disposal Site.
Dumpster means a metal receptacle with a tight fitting lid and a minimum capacity of
approximately two (2) cubic yard, a maximum capacity of ten (10) cubic yards, and
designed to be lifted and emptied mechanically for use only at Commercial Properties.
Franchisee means a Hauler contracted with the City for Collection of Solid Waste,
Recyclable Materials, and Yard Trimmings within the city limits.
Garbage means all 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.
Generators means any person, by site or location, that produces Solid Waste, Recyclable
Materials, or Yard Trimmings to be shipped to any other person, or whose act or process
produces a Solid Waste, Recyclable Materials, or Yard Trimmings or first causes it to
become regulated
Hauler means a person other than a Self-transporter who provides Collection of Solid
Waste, Recyclable Materials, Yard Trimmings, and/or Program Household Hazardous
Waste and Electronics within the city.
Hazardous Waste means any Solid Waste identified or listed as a hazardous waste by the
administrator of the Environmental Protection Agency under the Federal Solid Waste
Disposal Act as amended by RCRA, 42 U.S.C. §6901, et. seq., as amended.
May means something that is not mandatory but permissible.
Multi-family Property means a property (A) located within the City; (B) with more than
four separate units for residential dwellings; and (C) designated by the City to receive Solid
Waste Collection via Dumpster or Roll-off.
Program Household Hazardous Waste and Electronics means Solid Waste designated by
the Director as Program Household Hazardous Waste and Electronics.
Program Recyclable Materials means Recyclable Materials designated by the Director as
Program Recyclable Materials.
Occupant means any person occupying or having possession of an improved property or
any portion thereof.
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Owner means any person who, alone or with others, has title or interest in an improved
property with or without accompanying actual possession thereof, and including any
person who as agent, or as executor, administrator, trustee or guardian of an estate, has
charge, care or control of any improved property.
Process or Processed or Processing means recovery of Recyclable Materials, treatment
into Recovered Materials, and marketing of Recovered Materials to end markets and
recovery of Yard Trimmings, treatment into mulch or compost, and marketing of mulch or
compost to end markets and recovery of Program Household Hazardous Waste and
Electronics, treatment of Program Household Hazardous Waste and Electronics, and
marketing of Recovered Materials to end markets.
Processing Facility means a facility permitted under all applicable local, state, and federal
laws and regulations for Processing of Recyclable Materials, Yard Trimmings, and/or
Program Household Hazardous Waste and Electronics.
Recyclable Material means a material that has been recovered or diverted from the non-
hazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial
portion of which is consistently used in the manufacture of products that may otherwise by
produced using raw or virgin materials. Recyclable Material is not Solid Waste. However,
Recyclable Material 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 to the
person actually abandoning or Disposing of such material.
Recycling means a legitimate process by which materials that have served their intended
use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or
Processed and returned to use in the form of raw materials in the production of new
products. 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.
Recovered Materials means Recyclable Materials or Program Household Hazardous Waste
and Electronics which have been Processed to market specifications.
Refuse means the same as Rubbish.
Roll-off means a metal receptacle with a minimum capacity of approximately ten (10), a
maximum capacity of forty (40) cubic yards, intended for high-volume generation of Solid
Waste, and designed to be transported to a Disposal Site by loading of receptacle onto rear
of transporting vehicle.
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, or
similar materials; noncombustible Rubbish includes glass, crockery, tin cans, aluminum
cans, metal furniture, and similar materials that will not burn at ordinary incinerator
temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit).
Scavenging means the uncontrolled and unauthorized removal of materials, including, but
not limited to Solid Waste, Recyclable Materials, and Yard Trimmings, at any point.
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Scheduled Collection Day means the specific day or days of the week on which Collection
shall be provided by Franchisee to property.
Self-transporter means the following:
(a)A Generator, who directly, without use of a Hauler, transports Solid Waste
generated by the Generator to a Disposal Site or Recyclable Materials generated by
the Generator to a Recycling Facility.
(b)A person conducting services on behalf of a Generator, including, but not limited
to building contractors, home repairmen/handymen, landscapers, or roofers, at the
Generator’s property, may be considered a Self-transporter of Solid Waste or
Recyclable Materials generated as a result of such service.
Set-out means material(s) placed by a Generator for Collection by Franchisee.
Shall means something that is mandatory and not merely discretionary.
Solid Waste means Garbage, Rubbish, Refuse, sludge from a wastewater treatment plant,
water supply treatment plant, or air pollution control facility, and other discarded material,
including solid, liquid, semi-solid, or contained gaseous material resulting from industrial,
municipal, commercial, mining, and agricultural operations and from 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 Texas Water Code, Chapter 26;
(b)Solid, 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 improvement; or
(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 Natural
Resources Code,
(d)§91.101, unless the waste, substance, or material results from activities associated
with gasoline plants, natural gas liquids processing plants, pressure maintenance
plants, or repressurizing plants and is hazardous waste as defined by the
administrator of the EPA under the federal Solid Waste Disposal Act, as amended
by RCRA, as amended (42 USC, §§6901 et seq.).
Solid Waste Bag means non-dissolvable plastic sack with a capacity of up to approximately
thirty five (35) gallons designed or intended to store Solid Waste with sufficient wall
strength to maintain physical integrity when lifted by the top. Total weight of a Solid Waste
Bag and its contents shall not exceed forty (40) pounds.
Unacceptable Waste means any Solid Waste, the acceptance and handling of which by
Franchisee would cause a violation of any permit or regulatory requirement, including, but
not limited to, Hazardous Waste (except waste Franchisee is authorized to Collect and
Dispose), Special Waste (except as otherwise provided via agreement between City and
Franchisee), untreated Medical Waste, dead animals weighing fifty pounds (50 lbs.) or
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greater, solid or dissolved material in domestic sewage, or solid or dissolved material in
irrigation return flows, or industrial discharges subject to regulation by permit.
White Goods means refrigerators which have CFCs removed by a certified technician,
stoves and ranges, water heaters, freezers, swing sets, bicycles (without tires) scrap metal,
copper, and other similar domestic and commercial large appliances.
Yard Trimmings means any cuttings or trimmings from trees, shrubs, or lawns, and similar
materials. Yard Trimmings specifically excludes Eligible Disaster Debris.
Yard Trimmings Bag means Kraft bag or other sack authorized by the Yard Trimmings
Processing Facility, designed to store Yard Trimmings with sufficient wall strength to
maintain physical integrity when lifted. Total weight of a Yard Trimmings Bag and its
contents shall not exceed forty (40) pounds.
Sec. 3-5-4. – Presumption of Responsibility.
The Occupant and Owner of any property in the city shall be responsible for compliance
with all applicable laws and regulations relating to the property, including compliance
with this Article.
Sec. 3-5-5. – Solid Waste Collection Provided Exclusively by Franchisee.
A.Except as excluded in Sec. 3-5-5 (B), the Franchisee shall be the exclusive
provider of the following:
1.Collection and Disposal of Solid Waste, including Bulky Waste and
Construction and Demolition Debris, for Residential Properties;
2.Collection and Processing of Program Recyclable Materials for Residential
Properties;
3.Collection and Processing of Yard Trimmings for Residential Properties; and
4.Collection and Disposal of Solid Waste, including Construction and Demolition
Debris, for Commercial Properties.
B.The following are excluded from the Collection exclusively provided by
Franchisee.
Self-transporters.
1. This section shall not prohibit the Generators of Solid
Waste, or the owner of property upon which Solid Waste has accumulated, from
personally Collecting and Disposing of such Solid Waste subject to the terms
and provisions of this Article, rules and regulations of the Director, and any
other applicable laws or regulations.
Outside Haulers.
2. This article shall not prohibit Haulers of Solid Waste which
has been Collected outside the City limits from hauling such Solid Waste over
city streets; provided that such Haulers comply with the provisions of this
Article, rules and regulations of the Director, and any other applicable laws or
regulations.
Collection of City Program Unacceptable Waste.
3. Unacceptable Waste shall
not be Collected via the City Program pursuant to Section 3-5-6. This article
shall not prohibit Haulers of Unacceptable Waste from collecting such Solid
Waste subject to the terms and provisions of this Article, rules and regulations
of the Director, and any other applicable laws or regulations.
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Collection Not Offered by Franchisee.
4.This article shall not prohibit Haulers
from collecting such Solid Waste if such services are not offered by Franchisee
subject to the terms and provisions of this Article, rules and regulations of the
Director, and any other applicable laws or regulations.
C.It shall be unlawful for any person to Collect Solid Waste, Program Recyclable
Materials, and/or Yard Trimmings in violation of this Article.
Sec. 3-5-6. – Unacceptable Waste via City Program.
Occupants and Owners shall ensure Unacceptable Waste shall not be Set-out for Collection
via City Program. Occupants and Owners shall be responsible for Collection and Disposal
or Processing of Unacceptable Waste subject to the terms and provisions of this Article,
rules and regulations of the Director, and any other applicable laws or regulations.
Sec. 3-5-7. – Accumulation and Storage of Solid Waste, Recyclable Materials, and
Yard Trimmings at Residential Properties.
Occupants and Owners shall prevent the excessive and unsightly accumulation of Solid
Waste, Recyclable Materials, and Yard Trimmings upon the property and the public
thoroughfares adjoining the property. Occupants and Owners shall accumulate and store
Solid Waste, Recyclable Materials, and Yard Trimmings behind the Building Line until
the day of, or the evening before, such property’s Scheduled Collection Day. Occupants
and Owners shall accumulate and store Solid Waste, Recyclable Materials, and Yard
Trimmings pending Collection in accordance with procedures established by the
Department and the following provisions:
Solid Waste.
A.Occupants and Owners shall accumulate and store Recyclable
Materials pending Collection as follows:
Program Household Hazardous Waste and Electronics.
1.Occupants and
Owners shall accumulate and store Program Household Hazardous and
Electronics in accordance with the procedures established by the
Department.
Other Solid Waste.
2.Excluding Program Household Hazardous and
Electronics and Bulky Waste,Occupants and Owners shall accumulate and
store Solid Waste pending Collection in Solid Waste Bags or Solid Waste
Cans or Solid Waste Roll-offs.
Recyclable Materials.
B.Occupants and Owners shall accumulate and store Program
Recyclable Materials pending Collection in Carts except Program Recyclable
Materials that cannot be contained in the Cart may be placed adjacent to or under
the Cart in such a manner as to prevent becoming wind-blown.
Yard Trimmings.
C.Excluding Christmas trees,Occupants and Owners shall
accumulate and store Yard Trimmings pending Collection in Yard Trimmings
Bags, Bundles, or Yard Trimming Cans.
Sec. 3-5-8. – Schedule for City Program Collection at Residential Properties.
Occupants shall receive the following Collections on a Scheduled Collection Day:
Solid Waste.
A.
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Program Household Hazardous Waste and Electronics.
1.Collection once per
calendar month in accordance with the procedures established by the
Department.
Bulky Waste.
2.Collection twice per week of the greater of one item or maximum
of two (2) cubic yards of Bulky Waste.
Other Solid Waste.
3.Collection twice per week of the following:
i.All Solid Waste Bags for the Collection following New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day;
ii.All Solid Waste Bags for the Collection following a move-out or move-in;
iii.All Solid Waste Bags for the Collection from Monday of last full week in
December to Saturday of first full week in January; and
iv.Ten (10) Solid Waste Bags for all other Schedule Collection Days.
Recyclable Materials.
B.Collection once per week of all Program Recyclable
Materials in, under, or adjacent to Recycling Cart.
Yard Trimmings.
C.Collection of all Yard Trimmings in Yard Trimming Bags,
Bundles, or Yard Trimmings Cans and all Christmas Trees.
Sec. 3-5-9. – Location for City Program Collection at Residential Properties.
Occupants of Residential Properties shall place Set-outs at appropriate location at or before
7:00 a.m. but not prior to 6:00 p.m. the day prior to the Scheduled Collection Day.
Occupants of Residential Properties shall remove Cans, Carts, and materials not collected
to behind the Building Line after sundown on the day the Franchisee attempts to provide
Collection but before 7:00 a.m. the next day. Occupants shall receive the Collections at
the following location:
Special Service.
A. For Residential Service Units that qualify for special service,
Collection for Solid Waste and Program Recyclable Materials shall be at a location
designated by the Director and Collection for Yard Trimmings and Bulky Waste
shall be Curbside. Collection for Program Household Hazardous and Electronics
shall be at a location in accordance with the procedures established by the
Department.
Other Residential Properties.
B.Collection for Solid Waste, Program Recyclable
Materials, Yard Trimmings, and Bulky Waste shall be Curbside for Residential
Properties excluding Residential Properties that qualify for special service.
Collection for Program Household Hazardous and Electronics shall be at a location
in accordance with the procedures established by the Department.
Sec. 3-5-10. – Accumulation and Storage of Solid Waste, Recyclable Materials, and
Yard Trimmings at Commercial Properties.
Occupants and Owners shall prevent the excessive and unsightly accumulation of Solid
Waste, Recyclable Materials, and Yard Trimmings upon the property and the public
thoroughfares adjoining the property. Occupants and Owners of Commercial Hand Collect
Properties shall accumulate and store Solid Waste accumulate and store Solid Waste
pending Collection in Solid Waste Bags or Solid Waste Cans. Occupants and Owners of
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other Commercial Properties shall accumulate and store Solid Waste pending Collection
in Solid Waste Commercial Containers.
Sec. 3-5-11. – Schedule for City Program Collection to Commercial Properties.
Occupants and Owners of Commercial Hand Collect Properties shall receive Collection
twice per week of Ten (10) Solid Waste Bags per Schedule Collection Days. Occupants
and Owners of other Commercial Properties shall receive Collection on a schedule
mutually agreed to by the Franchisee and the Occupant or Owner of the Commercial
Property.
Sec. 3-5-12. – Location for City Program Collection at Commercial Properties.
Occupants of Commercial Hand Collect Properties shall place Set-outs at appropriate
location at or before 7:00 a.m. but not prior to 6:00 p.m. the day prior to the Scheduled
Collection Day. Occupants of Commercial Hand Collect Properties shall remove Cans,
Carts, and materials not collected to behind the Building Line after sundown on the day the
Franchisee attempts to provide Collection but before 7:00 a.m. the next day. Collection
shall be at a location reasonably acceptable to Franchisee and Occupant or Owner and
subject to approval by Director.
Sec. 3-5-13. – Can, Cart, and Commercial Container Responsibilities.
Occupants and Owners shall maintain all Cans and Carts in a clean and sanitary condition
and used only for their intended purpose. Occupants and Owners shall ensure the contents
of Cans, Carts and Commercial Containers shall not exceed the capacity of such Cans,
Carts and Commercial Containers. Occupants and Owners shall ensure all Carts and
Commercial Containers remain at the property after the property is sold or new
Occupants(s) move in.
Sec. 3-5-14. - Roll-off on Residential Property—Permit required.
A.The Owner of a Residential Property shall obtain a permit from the Department
prior to placing a Roll-off on such Residential Property.
B.The Department may issue a permit, not to exceed thirty (30) calendar days, for
placement of a Roll-off for solid waste on a Residential Property. Any permit
granted hereunder may be extended for a reasonable time not to exceed thirty (30)
calendar days.
C.It shall be unlawful for any person, other than the owners, permittee, or persons
with whom they have contracted to place any Solid Waste, Recyclable Materials,
Yard Trimmings or other items in a Roll-off permitted under this section.
Sec. 3-5-15. – Scavenging.
Scavenging is prohibited. Unless otherwise authorized by the Director in writing, no
person shall scavenge, search through or remove any materials other than the authorized
hauler.
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Sec. 3-5-16. – Billing and Fees.
The billing and fees for the City Program shall be as established by appropriate city council
resolution.
Sec. 3-5-17. – Hauler Records.
Each hauler shall maintain current customer records, including customer name, address,
service level information, Collection frequency, fee charges, and other information as
requested by the Director. In addition, each hauler shall keep such records, including scale
house tickets, receipts, invoices, manifests, and other pertinent papers, in such form as the
Director may require and for a period no less than two consecutive calendar years. Such
records shall include, but not be limited to, documents evidencing the Hauler’s Collection
of Solid Waste, Recyclable Materials, and Yard Trimmings provided within the city and
the Disposal Site and Processing Facility where such Solid Waste, Recyclable Materials,
and Yard Trimmings was delivered. The Director may examine the books, papers, records,
financial reports, equipment, and other facilities of any hauler in order to verify compliance
with this Article.
Sec. 3-5-18. – Enforcement.
The city may initiate an action to enforce the provisions of this Article, including legal
proceedings to compel compliance. Any person violating any provision of this chapter
shall be deemed guilty of a misdemeanor and shall be punished by a fine up to two thousand
dollars. If any such violations of this chapter are continuous, each day that the violation
occurs shall constitute a separate offense. In addition to any penalties provided for in this
Article, this Article is enforceable by injunction.
Sec. 3-5-19. – Severability.
If any clause, sentence, paragraph, section, or subsection of this Article shall be adjudged
invalid by a court of competent jurisdiction, then such judgment shall not affect, repeal, or
invalidate the remaining provisions of the Article but shall be confined to the express
clause, sentence, paragraph, section, or subsection which was ruled to be invalid.”
SECTION 2.
That all provisions of any ordinance or the Code of Ordinances of the City of
Coppell, Texas, except as provided herein, in conflict with the provisions of this ordinance be, and
the same are hereby, repealed, and all other provisions not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 3.
That should any word, phrase, paragraph, or section of this ordinance or of the
Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same
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shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than
the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Code of Ordinances of the City of Coppell,Texas as a whole.
SECTION 4. That this ordinance shall take effect immediately from and after its passage
and publication, as the law and charter in such cases provide.
' 1
DULY PASSED by the City Council of the City of Coppell, Texas, this J/ day of
dove,rn6A , 2014.
APPROV ^ 1 : , / .
By: I A
• REN LBO HUN , MAYOR
ATTEST:
• / .. ,
By: 114 , .di_ . ' //, , IA i
HRISTEL PETTINOS, CITY S'CRETARY
F')
APPROV D AS IQ FORM:
I
By:
. AVID DODD, III, CITY ATTORNEY
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