ARTICLE I. - IN GENERAL

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Sec. 90-1. - 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:

Bulky waste means solid waste not containerized in a cart such as, but not limited to appliances, furniture, and other solid waste. Bulky waste shall not include excluded waste.

Bulky waste services means collection of bulky waste and disposal of bulky waste at a disposal site or recycling of bulky waste at a recycling facility.

Brush bundles means brush and/or yard trimmings securely tied together forming an easily handled package not exceeding four feet in length or 40 pounds in weight.

Cart means a receptacle, equipped with wheels and a bar, with a capacity of approximately 65 or 95 gallons, designed to be mechanically dumped into a loader packer type truck via a fully-automated truck arm or semi-automated truck tipper, purchased with a minimum ten (year manufacturer's warranty and approved in advance by the city manager.

City means the city of Burnet, Texas and city's officers, elected officials, employees, agents, volunteers, and representatives.

City council means the governing body of the city.

City manager means the city manager of the city of Burnet or a person authorized to act on behalf of the city manager.

City staff means personnel employed by the city of Burnet and authorized by the city manager to act on behalf of the city in a limited capacity as provided for herein.

Collect or collection means the act of removing solid waste for transport to a disposal site, removing recyclable materials for transport to a recycling facility, and removing bulky waste for transport to a disposal site or recycling facility.

Corrugated cardboard means any packaging material formed by gluing one or more fluted sheets of paperboard (corrugated medium) to one or more flat sheets (facings) of linerboard.

Commercial unit means an improved property located in the city, other than a residential unit.

Commercial services means solid waste services, bulky waste services, and recycling services for commercial units.

Compactor means a compaction mechanism, whether stationary or mobile, designed to attach to a roll-off.

Construction or demolition waste means in accordance with 30 Texas Administrative Code § 330.3, defined as: "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 the location within three feet of the curb of the street abutting such property that provides primary access to the residential unit or commercial unit as designated by the city staff unless such placement interferes with or endangers movement of vehicles and pedestrians.

Customer(s) means an occupant of a residential unit or a commercial unit within the city limits of the city of Burnet that has a city utility account that is billed for solid waste services and/or recycling services on a monthly basis.

Dead animals means animals, or portions thereof, including any and all household animals that have expired from any cause.

Disposal means in accordance with 30 Texas Administrative Code § 330.3, defined as: "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."

Disposal site or facility means all contiguous land, structures, other appurtenances, and improvements on the land that is licensed and permitted, as required by all governmental bodies having jurisdiction, for disposing of solid waste. A disposal site may be publicly or privately owned and may consist of several disposal operational units.

Dumpster means a watertight receptacle, with a capacity of approximately two cubic yards up to approximately ten cubic yards, equipped with tight-fitting lid and designed to be mechanically dumped into a loader-packer type truck.

Dwelling unit means any group of rooms located within a dwelling and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.

Excluded waste means hazardous waste, special waste, and construction or demolition waste.

Garbage means any and all dead animals of less than ten pounds in weight; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not limited to, used tin cans and other food containers, and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents), except (in all cases) any matter included in the definition of bulky waste, construction waste, dead animals over ten pounds in weight, hazardous waste, rubbish and stable matter.

Generator means any person or entity that produces solid waste and/or recyclable materials.

Hazardous waste means in accordance with 30 Texas Administrative Code § 330.3, defined as: "Any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 United States Code, §§ 6901 et seq., as amended."

Non-hazardous waste means the Texas Commission on Environmental Quality defines non-hazardous waste as waste that does not meet the EPA's definition of hazardous waste. Waste is considered hazardous if it is found on the EPA's list of hazardous waste or it exhibits one or more hazardous characteristics.

Processing or processed means the recycling of program recyclable material into recovered materials.

Program recyclable materials means loose, bagged, or tied with string or twine, Kraft paper; loose, bagged, or tied with string or twine corrugated containers that have liners of Kraft, jute, or test liner including dry food boxes, beer and soda carriers, shoe boxes; loose, bagged, or tied with string or twine old newspaper including slick paper inserts; other recyclable paper including paperboard, chipboard, junk mail, junk mail inserts, residential mixed paper, bagged shredded paper, high-grade paper, white and colored ledger, copier paper, office paper, laser printer paper, computer paper including continuous-formed perforated white bond or green bar paper, book paper, cotton fiber content paper, duplicator paper, form bond, manifold business forms, mimeo paper, note pad paper (no backing), loose leaf fillers, stationery, writing paper, paper envelopes without plastic windows, carbonless (NCR) paper, tabulating cards, facsimile paper, manila folders, magazines, paperback books, small catalogs, telephone books and Yellow Pages; any #1 through #7 rigid plastic bottle, container, jug, or jar; beverage containers, steel "tin" food cans, bi-metal containers, lids composed primarily of whole iron or steel and other recyclable material of a similar nature; and/or any glass bottle, container, bottle, jug, or jar.

Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.

Recyclable materials means in accordance with 30 Texas Administrative Code § 330.3, defined as: "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 be 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 only to the party actually abandoning or disposing of the material."

Recyclable paper means Kraft paper; corrugated containers that have liners of Kraft, jute, or test liner including dry food boxes, beer and soda carriers, shoe boxes; old newspaper including slick paper inserts; magazines; catalog; telephone books and Yellow Pages; paperback books; hard back books with covers removed; chipboard; and other mixed paper including but not limited to junk mail, junk mail inserts, residential mixed paper, bagged shredded paper, high-grade paper, white and colored ledger, copier paper, office paper, laser printer paper, computer paper including continuous-formed perforated white bond or green bar paper, book paper, cotton fiber content paper, duplicator paper, form bond, manifold business forms, mimeo paper, note pad paper (no backing), loose leaf fillers, stationery, writing paper, paper envelopes without plastic windows, carbonless (NCR) paper, tabulating cards, facsimile paper, manila folders, and paperback books.

Recycling or recycle means in accordance with 30 Texas Administrative Code § 330.3, defined as: "A 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."

Recycling cart means a cart exclusively utilized for recycling services.

Recycling facility means all contiguous land, structures, other appurtenances, and improvements on the land that is licensed and permitted, as required by all governmental bodies having jurisdiction, for recycling of recyclable materials. A recycling facility may be publicly or privately owned and may consist of several disposal operational units.

Recycling services means collection of single stream recyclable materials and disposal of recyclable materials at a recycling facility for processing.

Refuse means a non-putrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials, combustible rubbish, including paper, rags, cardboard, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; noncombustible rubbish, including glass, crockery, tin cans, aluminum cans, metal furniture and like materials which will not burn at ordinary incinerator temperatures (1,600° F to 1,800° F), but not including construction waste.

Resident means a person whom resides at a residential unit.

Residential services means solid waste services, bulky waste services, and recycling services for residential units.

Residential unit(s) means an improved property located within the city which is used, or capable of being used, for domestic use by a single family, including a single-family dwelling, duplex, fourplex, townhouse, apartment or condominium unit. A townhouse, fourplex, duplex, or condominium dwelling, whether of single or multi-level construction, consisting of four or less contiguous or separate single family dwelling units, shall be treated as a residential unit, except that each dwelling unit within any such residential unit shall be billed separately as a residential unit. Those residential units designated by city staff to be served by a dumpster or roll-off compactor shall not be included in this definition and shall be a commercial unit.

Roll-off means a watertight receptacle, with a capacity of approximately ten cubic yards up to approximately 40 cubic yards, intended to be loaded onto a motor vehicle.

Roll-off compactor means a roll-off with a compactor.

Rubbish means in accordance with 30 Texas Administrative Code § 330.3, defined as: "Non-putrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, brush, or similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, and similar materials that will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit)."

Service provider means the entity with whom the city contracts to provide solid waste and recycling services.

Single stream means system in which all program recyclable materials are commingled and that does not require the generator to separate prior to collection.

Solid waste means in accordance with 30 Texas Administrative Code § 330.3, defined as: "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:

(1)

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; or

(2)

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; or

(3)

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, § 91.101, unless the waste, substance, or material results from activities associated with gasoline plants, natural gas liquids processing plants, pressure maintenance plants, or re-pressurizing plants and is hazardous waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended (42 United States Code, §§ 6901 et seq.)."

Solid waste cart means a cart utilized exclusively for solid waste services.

Solid waste services means collection of solid waste and disposal of solid waste at a disposal site.

Special collection means a service provided by the service provider for which a fee is not specifically provided for herein.

Special waste means in accordance with 30 Texas Administrative Code § 330.3, defined as: "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 the human health or the environment. If improperly handled, transported, stored, processed, or disposed of or otherwise managed, it may pose a present or potential danger to the human health or the environment. Special wastes are:

(1)

Hazardous waste from conditionally exempt small-quantity generators that may be exempt from full controls under Chapter 335, Subchapter N of this title (relating to household materials which could be classified as hazardous wastes);

(2)

Class 1 industrial non-hazardous waste;

(3)

Untreated medical waste;

(4)

Municipal wastewater treatment plant sludges, other types of domestic sewage treatment plant sludges, and water-supply treatment plant sludges;

(5)

Septic tank pumping;

(6)

Grease and grit trap wastes;

(7)

Wastes from commercial or industrial wastewater treatment plants; air pollution control facilities; and tanks, drums, or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 Code of Federal Regulations (CFR) Part 261, Appendix VIII but has not been listed as a commercial chemical product in 40 CFR § 261.33 or (f);

(8)

Slaughterhouse wastes;

(9)

Dead animals over ten pounds in weight;

(10)

Drugs, contaminated foods, or contaminated beverages, other than those contained in normal household waste;

(11)

Pesticide (insecticide, herbicide, fungicide, or rodenticide)

(12)

Discarded materials containing asbestos;

(13)

Incinerator ash;

(14)

Soil contaminated by petroleum products, crude oils, or chemicals in concentrations of greater than 1,500 milligrams per kilogram total petroleum hydrocarbons; or contaminated by constituents of concern that exceed the concentrations listed in Table 1 of § 335.521(a)(1) of the Texas Administrative Code;

(15)

Used oil;

(16)

Waste from oil, gas, and geothermal activities subject to regulation by the Railroad Commission of Texas when those wastes are to be processed, treated, or disposed of at a solid waste management facility authorized under this chapter;

(17)

Waste generated outside the boundaries of Texas that contains:

Any industrial waste; or

Any waste associated with oil, gas, and geothermal exploration, production, or development activities; or

Any item listed as a special waste in this subsection;

(18)

Lead acid storage batteries;

(19)

Used oil filters from internal combustion engines."

Unit means residential and commercial units that qualify for services requested herein.