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HomeMy WebLinkAbout024527 ORD - 07/24/2001 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 21, GARBAGE, TRASH, AND OTHER REFUSE, REGARDING PERMITTING COMMERCIAL COLLECTION OF SOLID WASTE WITHIN THE CITY, PERMITTING COMMERCIAL SOLID WASTE VEHICLES, AND ESTABLISHING THE MUNICIPAL SOLID WASTE SYSTEM SERVICE CHARGE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 21-1 of the Code of Ordinances, City of Corpus Christi, is amended by revising the definition of the term "customer" and by adding definitions for the terms "can account", "Department", "dumpster", "generator", "graffiti", "permitted solid waste hauler", "permitted solid waste hauler for hire", "permitted solid waste self hauler", and "roll-on/roll-off container" to read as follows: "Sec. 21-1. Definitions. "As used in this chapter, the following terms mean: * * * * * "Can Account: A commercial customer who sets out its solid waste in conventional refuse receptacles or plastic trash baas of less than 90 aallon capacity for collection by a permitted solid waste hauler. * * * * * "Customer. A person who receives collection services from the Solid Waste Services Department. * * * * * "Deoartment: The Solid Waste Services Department of the City. * * * * * "Dumoster: A container. which holds more than one cubic yard. used to store solid waste until it is collected for disposal. The term also includes roll-on/roll-off containers that are used to transport solid waste on vehicle chassis. * * * * * R13340D5.doc ::' 2.4 52'? T . . 2 "Generator: Generator means the person that creates a solid waste. For the purposes of this Chapter. a construction or repair contractor or landscape or tree service is considered to be the aenerator of any solid waste that is produced by the contractor or service or results from the contractor's or service's work on the premises of a customer. A business or commercial establishment is considered the aenerator of any packaaina materials on products delivered to a customer. which are returned to the business or commercial establishment that made the deliverv. "Graffiti: Graffiti is defined in &33-101 of the Code of Ordinances. * * * * * "Permitted solid waste hauler: A permitted solid waste hauler for hire or permitted solid waste self hauler. "Permitted solid waste hauler for hire: Any person that collects. transports. or disposes of solid waste of another person who has a solid waste hauler permit issued under Article VIII of the Chapter. "Permitted solid waste self hauler: Any person. business. commercial establishment. or industrial facility. other than a residential customer. that collects. transports, or disposes of solid waste aenerated by the person. business. commercial establishment. or industrial facility. who has a solid waste hauler permit issued under Article VIII of the Chapter. * * * * * "Roll-on/roll-off container: A bulk container that holds more than one cubic yard used to collect and store solid waste that transported on a vehicle chassis for disposal." * * * * * SECTION 2. Section 21-3 of the Code of Ordinances is amended by adding a new subsection (d) to read as follows: "Sec. 21-3. Penalties for violation of this chapter. * * * * * "(d) Any person who collects, transports. or disposes of any solid waste aenerated by another person within the City or who transports any solid waste aenerated by another person within the City without a solid waste haulers permit shall. upon conviction. be auilty of a misdemeanor. punishable by a fine of not more than two thousand dollars ($2.000.00) per violation. Each act of collectina solid waste at a different location or from different customers in separate containers at the same location is considered a separate offense." R13340D5.doc ", - 3 SECTION 3. Article I of Chapter 21 of the Code of Ordinances, City of Corpus Christi, is amended by adding a new Sections 21-5 and 21-6 to read as follows: "Sec. 21-5. Proper disposal reauired. "Any person who collects. transports. or disposes of any solid waste aenerated within the City or who transports any solid waste within the City shall dispose of the solid waste at a facility that is authorized by the TNRCC to accept the type of solid waste that the person has collected or transported. "Sec. 21-6. City MaRager awthorizeEl to aEljwst Periodic review and adiustment of fees and charaes. "fat- The City Manaaer shall aRR\,lally periodically review the fees and charaes established in this Chapter and the costs of solid waste services and recommend to the City Council chanaes to this Chapter. The fees and charaes must be reviewed at least annually durina the preparation of the City's budaet aR€I reSeR'lR'leR€I si:1aRges ts tRis Ctxlapter:. "(8) Tt:1e City M:;JR3€J9r FRay tram time 1s timB :aEljl:J&t ttxle fees eRa sn3r:S9& estaeli€t.le8 iF! tt:li€ Ctxla(3ter. Ttxle City MaRa~gr FRI:I~t Flstitj iRe Cit~' CQIsIRsil sf 8AY stlaRgBs esfeF9 tRe SR8A€J9S €Is iRis efftlst.1I "Secs. 24-&-21-7 - 21-9. Reserved." SECTION 4. Section 21-31 of the Code of Ordinances, City of Corpus Christi, is revised to read as follows: "Sec. 21-31. Same -- Disposal of solid waste from outside the City. "(a) The disposal services of the Selie! VVaete Servisee Department may be made available to private contract waste haulers at the discretion of the Director for the disposal of solid waste from outside of the City only at a site designated by the Director. if the Director determines that the Department has the capability of properly disposing of the solid waste at that site. "(b) The owner of any commercial waste hauling vehicle delivering solid waste from outside the City to a disposal facility located within the City shall first obtain a solid waste hauler permit, and reaister each vehicle used to transport solid waste within the ~and shall pay the required disposal charges and permit and reaistration fees. (See section 21-80 -- 21-90.)" SECTION 5. Section 21-41 of the Code of Ordinances, City of Corpus Christi, is amended by revising subsection (e)(2), and by adding subsections (f), (g), and (h) to read as follows: R13340D5.doc 4 Sec. 21-41. Charges -- For disposal services. * * * * * "(e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by Solid 'Alasto SOFvis8s the Department: * * * * * "(2) Commercial vehicles (tipping rate) A. Solid waste by weight $25.25 $26.50 per ton' B, Loose load of solid waste, not weighed $13.78 $7.10 per cubic yard' C. Compacted load of solid waste, not weighed $9.Q1 $9.43 per cubic yard' D. Construction & demolition debris $9,91 $9.43 per cubic yard' E. Heavy brush and yard waste $9.91 $9.43 per cubic yard' F. State e!iefl8eal fee Per State FeEll,liroFRent G,. Commercial vehicle transporting household No charge waste for a residential customer, when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) , Includes State disposal fee. State/Federal mandated surcharges as provided by Section 21-42. and a portion of the Municipal Solid Waste System Service Charae as proyided by Section 21-47. * * * * * "(f) The Director may neaotiate a "put or pay" contract with a permitted solid waste hauler for the disposal of a auaranteed volume of solid waste for a reduced tippina rate. reaardless of where the solid waste is aenerated. at a City operated disposal facility. Any contracts neaotiated under this subsection must be authorized by the City Council before the reduced tippina rate becomes effective. R13340D5.doc . . 5 "(a) If pavment in full is not made on or before the due date for any disposal fees billed under this section. the hauler shall pay an administrative late fee of $100 and any amount remainina unpaid shall bear interest at the rate of one and one half percent (1-1/2%) per month or the hiahest rate that may then be lawfully charaed and paid. whichever is less. from the due date to the actual date of payment. "(h) The Director may deny access to a disposal facility operated by the City if the customer has not paid any disposal fees within sixty (60) days of the due date. * * * * * SECTION 6. Article IV of Chapter 21 of the Code of Ordinances, City of Corpus Christi, is amended by adding Sections 21-47,21-48, and 21-49 to read as follows: ARTICLE IV. RESOURCE RECOVERY FEE SCHEDULES * * * * * Se66. 21 47 21 19. ReBeF\'ed "Sec.21-47. Municipal Solid Waste System Service Charae. "(a) The Municipal Solid Waste System Service Charae is desianed to cover costs incurred by the City as a result of the aeneration of solid waste by businesses and industries within the City aR€I its iRe!\'!strial €Iistrist. The Municipal Solid Waste System Service Charae covers several components: "(1) City street use. which covers some of the costs to repair City streets. curbs. & autters due to damaae from solid waste industrv vehicles. Costs of repairs to Federal and State hiahways are not included. "(2) Landfill availability. which provides revenues to help recover the cost of ensurina the availability of permitted municipal landfills for use of solid waste aenerators located within the City aRIl its iRe!llstrialllistrists~ "(3) Solid waste manaaement. which covers some of the costs incurred bv the City associated with the City's litter control. code enforcement. and illeaal dumpina enforcement proarams. some of the cost associated with the City's recyclina. waste reduction. Cash for Trash. and household hazardous waste proarams. education. recYclina trainina. public awareness. and other solid waste proarams. to help the City reach the 40% diversion rate aoal defined by the TNRCC. It also covers the cost of enforcina this Chapter. "(b) The Municipal Solid Waste System Service Charae for all waste collected is: "(1) For customers located within the City. who are billed by their permitted solid waste hauler for hire by tonnaae. the Municipal Solid Waste System Service Charae is eleven dollars and forty-two cents ($11.42) per ton of waste. R13340D5.doc '-~-_.- 6 "(2) For customers located within the City. who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and freauency of service. the Municipal Solid Waste System Service Charae is forty-six cents ($0.46) per cubic yard of capacity each time the customer's dumpster is serviced, "(3) For customers located within the City. who are billed by their permitted solid waste hauler for hire by tonnaae. if their permitted solid waste hauler for hire has a put or pay contract with the City and disposes the customer's solid waste at a disposal site operated by the Department. the Municipal Solid Waste System Service Charae will be credited with fG\,lr e!ellars aRe! ei!jRty seRts ($ 4, ilQ) six dollars and forty-two cents ($6.42) for the portions of the charae that are - collected throuah the hauler's acceptance fee. The Municipal Solid Waste System Service Charae. with the credit. is six e!ellars OIR€I sixty two seRts ($9.92) five dollars ($5.00) per ton of waste. "(4) For customers located within the City. who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and freauency of service. if their permitted solid waste hauler for hire has a put or pay contract with the City and disposes the customer's solid waste at a disposal site operated by the Department. the Municipal Solid Waste System Service Charae will be credited with RiRstesR SGlRts ($Q.11l) sixteen cents ($0,16) for the portions of the charae that are collected throuah the hauler's acceptance fee. The Municipal Solid Waste System Service Charae. with the credit. is tweRty se'/eR seAts ($Q,27) thirty cents ($0,30) per cubic yard of capacity each time the customer's dumpster is serviced. "(5) For customers within the City. who are billed by the permitted solid waste hauler for hire by tonnaae. if their permitted solid waste hauler for hire pays the tippina rate published in Section 21-41 (e)(2)A '.\'ReR tRe Rawler e!islloses tRe cy~t9mer'& &elid '!}:lste at a di~J:l9&al site 9J3SrateQ by tAB OSp3A:m9Rt. the Municipal Solid Waste System Service Charae will be credited with ten dollars and twenty-five cents ($10.25) for the portions of the charae that are collected throuah the tippina fee, The Municipal Solid Waste System Service Charae. with the credit. is one dollar and seventeen cents ($1.17) per ton of waste. Except as provided in subsection (d) of this section. if the hauler pavs the tippina fee at the time the hauler disposes of the solid waste. the Municipal Solid Waste System Service Charae must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the Department. "(6) For customers within the City. who are billed by the permitted solid waste hauler for hire by the volume of the dumpster and freauency of service. if their permitted solid waste hauler for hire pays the tippina rate published in Section 21-41 (e)(2)A V1ASR t~9 txlaldler disJ39S8S iRe Systsffier's selia 'A'3ste at a aiSJ39Sal site Bjileratee!l3y tRe !;}eFlar:tFRSRt. the Municipal Solid Waste System Service Charae will be credited with forty-one cents ($0.41) for the portions of the charae that are collected throuah the tippina fee. The Municipal Solid Waste System Service Charae. with the credit. is five cents ($0.05) per cubic yard of capacity R13340D5.doc '-'j " ,. 7 each time the customer's dumpster is serviced. Except as provided in subsection (d) of this section. if the hauler pays the tippina fee at the time the hauler disposes of the solid waste. the Municipal Solid Waste System Service Charae must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the Department. "(7) For can account customers within the City. the Municipal Solid Waste System Service Charae is three dollars ($3.00) per collection by the permitted solid waste hauler for hire (which includes the City street use fee). "(8) For residential customers serviced by the Department, the Municipal Solid Waste System Service Charae is one dollar and forty-three ($1.43) per month (which includes the City street use fee), "(c) Each permitted solid waste hauler for hire shall collect and remit to the City a Municipal Solid Waste System Service Charae from each solid waste customer who is located within the City. "(1) The Municipal Solid Waste System Service Charae must be identified as a separate charae for "net Municipal Solid Waste System Service Charae after credits" on the custori18r's bill from the permitted solid waste hauler for ~ "(2) The Municipal Solid Waste System Service Charae must be calculated on the maximum capacity of the containers used to collect the customers waste and the freauency of service. ".QL +Re-ExceDt for a hauler who pays the tippina fee and Municipal Solid Waste System Service Charae at a City disposal facility at the time the hauler disposes of the solid waste. the City will credit the permitted solid waste hauler for hire 0.5% of the Municipal Solid Waste System Service Charaes it bills and collects. "(d) A permitted solid waste hauler for hire that pays the tippina rate published in Section 21-41 (e)(2)A when the hauler disposes solid waste must declare at the time the vehicle enters a disposal site operated by the Department. whether any of the solid waste was collected outside the City. (1) If the entire load is composed of solid waste from inside the City. the appropriate Municipal Solid Waste System Service Charae will be assessed and paid at the time of disposal. (2) If the entire load is composed of solid waste from outside the City. no Municipal Solid Waste System Service Charae will be assessed, (3) If the load is composed of solid waste that was collected from both inside and outside the City. the Municipal Solid Waste System Service Charae will not be collected at the time of disposal. but shall be paid under subsection (e) of this section. R13340D5.doc " 8 "(e) Except a permitted solid waste hauler who pays the disposal fees and Municipal Solid Waste System Service Charaes at the time of disposal under subsection (d)(1) of this section. each permitted solid waste hauler for hire shall submit a monthly certified statement on a form provided by the City to the Director showina the total Municipal Solid Waste System Service Charaes collected from solid waste customers who are located within the City. and the total Municipal Solid Waste Services Fees that were billed to solid waste customers. but not collected by the permitted solid waste hauler. "(f) Each statement must be accompanied by an affidavit sianed by an officer of the permitted solid waste hauler for hire before a notarv public that certifies that the information provided is true and accurate, On the 15th day of the each month. the form outlined in (d) above must be submitted to the City by the permitted solid waste hauler for volume collected in the City for the previous month. The solid waste hauler must fill out the form with yardaae andl or tonnaae collected by cateaorv on the City provided form. total the Municipal Solid Waste System Service Charaes owed for the previous month. and submit with a check to the City. "(a) If payment in full is not made on or before the due date. the hauler shall pay an administrative late fee of $100 and any amount remainina unpaid shall bear interest at the rate of one and one half percent (1-1/2%) per month or the hiqhest rate that may then be lawfully charaed and paid. whichever is less. from the due date to the actual date of payment. "(h) The Director may deny access to a disposal facility operated by the City. if the hauler has not paid all Municipal Solid Waste System Service Charaes collected by the hauler within sixty (60) days of the due date. "(i) The hauler is not responsible for any Municipal Solid Waste System Service Charaes that have not been paid by its customers. Any amounts received by a hauler for providina services to a customer within the City shall be credited on a first billed. first paid basis. If a partial payment is received on a bill that includes the Municipal Solid Waste System Service Charaes. the partial payment shall be ~proportionally applied to the Municipal Solid Waste System Service Charaes. n(i) The hauler shall provide the name. mailina address. and service address of anv customer who has not paid the Municipal Solid Waste System Service Charaes within 60 days of the date hauler billed the fees to the customer. The City may disconnect any utility services to the service address if the Municipal Solid Waste System Service Charae are not paid after the City provides the customer with notice that City provided utility services will be disconnected if the Municipal Solid Waste System Service Charaes are not paid within 30 days of the date of the notice. The notice shall aiye the customer an opportunity for a hearina before the Director on whether the hauler billed the appropriate Municipal Solid Waste System Service Charae to the customer. R13340D5.doc .--.'..-r---.--------,..--.- ~.~ 9 Sec. 21-48. Reauired records. (a) Each permitted solid waste hauler for hire shall maintain the followina information in a format that can be readily examined aRa SElllies IlFl3€1wsea fGr by the Director or an independent auditor that is acceptable to both the Director and the permitted solid waste hauler for hire: (1) A list of all customers located within the City or an industrial district created by the City. includina: (A) The customer's name. (B) The physical address of each location that is serviced. (C) The size and service level of any container(s) provided at each service location, (0) Whether the container is a roll-on/roll-off container. e.a. a container that picked UP and transported on a vehicle chassis to a disposal site. (E) The classification of the solid waste collected. e.a.. commercial hazardous. household waste. special waste. (F) Whether or not the solid waste is compacted before disposal. (G) The freauency of collection. (2) A list of all customers located outside the City. whose solid waste is taken to a facility owned by the City for disposal. includina: (A) The customer's name. (B) The physical address of each location that is serviced. (C) The type of solid waste collected from the customer. (3) The routes taken on a daily basis bv anv vehicle used to collect solid waste within the City or any vehicle that disposes of solid waste at a City owned facility that is collected from outside the City. (4) Copies of all reports filed with the Comptroller of Public Accounts that relate to any services provided or activities conducted within the City. (b) The permitted solid waste hauler for hire shall make all records required to be maintained under subsection (a) of this section available to the Director or auditor at the permitted solid waste hauler for hire's place of business at any time durina normal business hours for inspection aRE! sOllyiR!l. The Director or auditor should trv to provide eRe Rel,lr reasonable advance notice that the hauler's records will be inspected. R13340D5,doc 10 Ie) If the Director or auditor has reason to believe that the Municipal Solid Waste System Service Charge beina remitted to the City by the solid waste hauler does not accurately reflect the tonnaoe of waste collected. size of container proYided. leyel of service. or disposal site for a specific customer. the hauler shall provide copies of any specific records relatino to that customer or transactions involvina that customer that are reauested by the Director or auditor. (d) Any records relatina to individual customers provided to the Director or auditor under this section. except specific records considered bv the Director in resolving inconsistencies between a solid waste hauler's statements submitted under &21-47 and the records maintained under this section er reeere!s tRat is \,lsee!l:ly tREl girestor er City MaRa~er iF) aet9Fr:AiRiRS \\'Aet~Br a selia v/asle A6ll;;llsrt ~9FFRit sl:l9b1ld Be Sl:;l~raeRgBe:J gr mveke€l. will be treated by the City as privileaed commercial information under Section 552.110 of the Texas Public Information Act. Chapter 552. Texas Government Code. if each paae of information that is provided to the Director is clearly marked and identified as proprietarv information that should not be made available to the public. If a reauest is received for the information. the reauest and information will be forwarded to the Attorney General for a determination under Section 552.301 of the Act. The City will withhold the information from the reauester under Section 552.305 of the Act. until after the Attorney General's decision is received. The City will only release the information if directed to do so by the Attorney General. Sec. 21-49. Reconciliation of solid waste hauler's statements and records. (a) The solid waste hauler for hire may elect to submit to an annual formal audit of its business records by auditors selected by the Director or may submit an annual report prepared and certified correct by an independent certified public accountant. acceptable to the-GW.< Director. (1) If the hauler for hire elects to submit to an annual audit by auditors selected by the Director. the hauler must: A. Assemble all business records relatina to the collection of any solid waste within the Citv or the disposal of any solid waste at a disposal facility operated by the Department. B, Contact the Director durina the first week in Auaust to schedule the audit. C. Proyide a priyate work space and telephone for the use of the Director's auditors, D, Proyide copies of any records requested by the Director's auditors. (2) If the hauler for hire elects to submit the annual report. the report must be submitted to the Director on the first business day in September of each year. The report shall verify that all revenues reauired to be remitted to the City by this R13340D5.doc --1 ----r- . . 11 Article durina the City's precedina fiscal year (Auaust 1 throuah July 31) have been remitted. M Tl:le Qir9st9r R=I:lY revis':: t~B r:eS9F8& mair=lt:aiFlea Ii}' th9 I:labller ~Rg8r S21 4 Ii tQ BRSl:;Irg tl=l:at tl:le teRRa~9 aRGI \'ell::Jmes sblbmittea r:9t59r:lsile '~.:it~ selia '.vasts l=IawI9r'~ ~tatBmsRts: ~wbmittBa !::IRGler ~21 <17. fGt- The Director shall periodically monitor solid waste hauler collection routes to ensure that all waste beina collected within the City are beina accuratelv measured at the point of disposal. ~(c) If Director finds a discrepancy as a result of an audit or monitorina activity. the Director shall notify the solid waste hauler of the discrepancy. If the solid waste hauler does not challenae the results of the audit or monitorina activities within 10 workina days. then the Utility Billina Office shall send the solid waste hauler a bill for any unpaid Municipal Solid Waste System Service Charaes or refund any excess collections. ~(d) If the solid waste hauler disputes the Director's findinas. the solid waste hauler shall submit copies of all records maintained by the hauler for the period in auestion. copies of all receipts from disposal sites used durina the period. and copies of all statements mailed to customers coverina all or part of the periods in dispute. (f) If the solid waste hauler fails to pay the bill within thirty days or fails to dispute the results of the audit or monitorina activity within 10 workina days. whichever is later. the discrepancy is arounds for suspendina the solid waste hauler's permit for a twelve month period, The Director shall institute proceedinas under &21-87 to suspend the solid waste hauler's permit. SECTION 7. Article VIII of Chapter 21 of the Code of Ordinances, City of Corpus Christi, is revised to read as follows: "ARTICLE VIII. SOLID WASTE PERMITS "Sec. 21-80. Solid waste hauler permits required. "l&No person, except a duly authorized agent or employee of the City, shall collect. convey. or transport tRe-solid waste aenerated by ef-any other person, er seRvey er traR613ert Sl,lSR selie! waste on the streets, alleys, or public thoroughfares of the City, other than on Federal or State hiahways, or dispose of 61ffi1:1-ill!Y.,solid waste aenerated by someone else at a disposal facility operated by the Department, without a written solid waste hauler for hire permit liFanted ond issued by the Director under this Article, "(b) For the purposes of this article. any solid waste aenerated on the premises of a property owner by a tenant or lessee is considered to be solid waste aenerated by another person. "(c) No person. business. commercial establishment. or industrial facility. other than a residential customer. may collect. transport. or dispose of solid waste aenerated by the R13340D5.doc '_.M_~ -~ 12 person. business. commercial establishment. or industrial facility without a written solid waste self hauler permit issued by the Director under this Article VIII. "(d) For the purposes of this article. any solid waste aenerated by a construction or repair contractor or by a landscape or tree service on the premises of a customers is considered to be solid waste aenerated by the contractor and service. "(e) For the purposes of this article. any packaaina materials on products delivered to a customer. that are returned to the business or commercial establishment are considered solid waste aenerated by the business or commercial establishment that made the deliverv." "Sec. 21-81. Application generally. "Any person desiring a solid waste hauler permit for the collection, removal, and disposal of solid waste, as required in section 21-80 of this Code, shall make application for such solid waste hauler permit to the Director. "Sec. 21-82. Contents of application. "The application shall set forth~ "f1lIhe name and address of the applicant; "(2) The trade name under which the applicant does or proposes to do business; "(3) The mailing address of the business: "(4) The office telephone number of the business: "(5) Applicant's facsimile number. "(6) Applicant's e-mail address. "(7) The aHEl-location of the business; "fID..Ihe number of vehicles the applicant desires to operate; ".ffil...Ihe location where the vehicles will be parked or stored when not in use; "(10) The class, size and design of each vehicle; whetRer er net the apl3lisaAt er flAY f=)8FEon GFflJ310yod by him has Q sl3im er jlJdgFAont 3gainet hirn for daFAagoc rOElJltiAg U8FA thQ Aogligont 0f:)Gr:ltioFl of a ':ahielo; "(11) The nature and character of the service the applicant proposes to render; "(12) The areas of the City in which the applicant proposes to service; and R13340D5,doc 13 "(13) A statement of whether or not service will be provided to any premises not located in the City. "(14) A sworn statement that any solid waste collected or transported within the City will be disposed of at a facility that is authorized by the TNRCC to accept the type of solid waste that the applicant has collected or transported, "(15) A COpy of the applicant's sales tax permit issued by the Comptroller of Public Accounts. "(16) A permitted solid waste self hauler must identify the types of waste the hauler aenerates. whether the waste is aenerated at its place of business or at the premises of its customers. and the type of activity that aenerates the waste." "Sec. 21-83. When solid waste hauler permits not required. "(&A resident of the City shall not be required to obtain a solid waste hauler permit to haul solid waste from the dwelling in which the resident resides to a City disposal site. "fQ}.^.n O':,:Aor 0r oFRl9leyoo of a BLJEiAOGG.L Sf GOFRFFlorci::l1 oEtl:ll:lli€hFRont: IGGntes 0n prOmi&OE iA tho City &1:1311 A0t Be FoqLJiroEt to 0BtaiA Q selid \\'Clste J3oFR=1it 10 hQLJI s01id '.413&tO fraFFl said pFGFFlisOE te a City aiEpe831 sito. Said rOEiaoAts, 0~'..'Aors :11=18 om131eye06 6hall Residents are not 9&exempte4 from any other requirements of this Code or other applicable Federal or State laws for the conveying, transporting or disposing of solid waste. "Sec. 21-84. BOREl aRE! iR6yraAGe Insurance required. "No solid waste hauler permit may be issued until the applicant provides satisfactory proof to the Director of Safety and Risk Management that the applicant has adequate liability insurance available to protect the interest of the City and its residents, as required by section 17-15 of the Code of Ordinances. "Sec. 21-85. Fees for solid waste hauler permits. "(a) The annual fee for a solid waste hauler for hire permit, for a solid waste hauler for hire, st-lalll3e 6e",oRly is one hundred dollars ($79.99) l3er ",ol::liElle ($100.00), payable to the City at the time of issuance of solid waste hauler for hire permit, mesoi'll a6 flrevie!oe! her-eiR, "(13) Tho fee fer a selie! .....asta 130rmit sl::lalll3o EIRa hWle!r-ee! ferty ElellaF6 ($14Q,QQ), 19aY::lblQ to tho City at tho time Q1 i&ELJ::lneO of tho GoliEJ ...::tEto permit, 1(:)[ 3ny vohiGlo whist-l i6 te 130 l,I60e! te ElElA'/ey er traR6fleFt seliEl wa6te from el,ltsiele t"'e City te ,lAY disp0sal sito of tho S01iEt \,:Vfl&to Sorvise& Dapt:lFtmoAt. "(b) The annual fee for a solid waste self hauler permit. for a solid waste self hauler is fifty dollars ($50.00). payable to the City at the time of issuance of solid waste hauler permit." R13340D5,doc '~l r . ' 14 "Sec. 21-86. Expiration of solid waste hauler permits. "Solid waste hauler permits shall expire on August 31st of each calendar year. "Sec. 21-87. Denial, suspension, and revocation of permit. "(a) Authority of Director to deny, suspend, and revoke permits. The Director may deny, suspend, or revoke a permit if the Director determines that a permittee: "(1) Is not qualified under this Article. "(2) Violates any of the provisions of this chapter, any procedural or operational rule or regulation promulgated by the Director to implement this chapter, or applicable provisions of the City code, "(3) Has failed to pay a required fee or fine. "(4) Violates any Federal or State law or implementing regulation relating to the generation, transportation, or disposal of hazardous waste that occurred within the City or its extraterritorial jurisdiction or involved waste disposed at a City solid waste facility, "(5) Has failed to timely respond to a notice of violation or alleged violation. "(6) Has failed to pay all disposal charaes and collection assessments within sixty days of the due date on the hauler monthly bill from the Utilities Business Office. "(b) Reinstatement of suspended or revoked permit. "(1) After suspension or revocation under this section, a permittee may file a request for reinstatement of the permit. "(2) If the Director determines that the permittee is again qualified after all fees and fines have been paid, all violations have been corrected, precautions have been taken to prevent future violation the Director may reinstate a permit. "(3) A permittee whose permit is suspended or revoked may not collect, transport, or dispose of any solid waste within the territorial jurisdiction of the City, "(c) Appeal of revocation of a permit. "(1) In the eyent a permit is revoked, the former permittee may request a hearing with the City Manager. "(2) A request for a hearing must be made within three (3) working days of the revocation. R13340D5,doc 15 "(3) The hearing will be held by the City Manager within five (5) days of receipt of request for a hearing. "(4) The hearing shall be informal, and notice of the holding of the hearing may be communicated to the requesting party verbally and confirmed in writing. "(5) Within seventy-two (72) hours of the conclusion of the hearing, the City Manager will issue a finding on whether or not to lift the revocation. "(6) The City Manager may impose conditions of remediation and correction upon the former permittee as conditions of lifting the revocation. "(7) If the former permittee is not satisfied with the decision of the City Manager, the former permittee may appeal to district court. "(8) The appeal must be perfected by service of process upon the City within thirty (30) days of the Director's decision to continue revocation, "Sec. 21-88. Display of solid waste hauler name. permit number, and reaistration sticker on vehicles. 1I.^Jtor aGf3tOFABOr 1, 1 QQ7, 096R vohielo l:Jsod f3l;JrE:I:HJRt 10 n &oliGl \\'asto pOFl=FIit, :11=18 caGh oontainor f3FOl:idod by selia '//:1&to ~ermit h0ldeFE: to GUstOFAOFS, sh:lIl eo o~wif3f3oEf '..'lith tha AQr:FlO Elf thG s01id '.\'asto J30fFFlit Reiser paintoa on Sf att:u~hoa t8 tho ':shielo or cont:1inor at a SGH1&pisl;JoI:JS IOG:ltioA. aaia iaontifis:ltian &hall bo oitt:lor in 10ltorE: Rot 10&& than t\.J0 aFla anD h:Jlf (2 l.Q) inehoE: in hoi!?JAt or in an o:Jsily ro:tanblo sign A0t 10&lS tRan teR (1 Q) inshe6 in height aRe! t\...el\'e (12) insh06 in wie!th. "@LEach vehicle used to collect solid waste within the City under I31oJr6uant te a solid waste hauler permit shall be oEll,lil3flee! with display at a conspicuous location the solid waste hauler name. the number of the solid waste hauler permit. and the tare weight of flaintee! eR or attasl::lee! te the vehicle in letters and numbers that are at least three (3) inches in height. which are in a color that contrast with the color of the vehicle ane! at a conE:f3isLJol;Js IOG:ttien. "(b) Each vehicle used to collect solid waste within the City or used to transport solid waste from outside the City to a disposal site operated by the Department shall display a current vehicle reaistration sticker issued by the Director under Section 21-89. "Sec. 21-89. Display ef Rame eR 'Jehisle6 aRE! 6eRtaiRers. Solid waste vehicle reQistration - Reauired. 1I,^Jtor Se)3tOFRBOr 1, 1 997, o:H~h ',anisic usea pl:JfE:blant ts a solie 'sasle permit, and OOGh e0Atainor PfEl'/iEfod ey selia waste J30rmit t=JelaOF& to Gl:Jst0FAOrS, GRail bo oEt~if3floEi '.vith thf3 R3fFlO Qf tho Golid '.\'::tEtO }:lanRit helEiar J:)aiRtf3d eF! Qr att3ehaEf to the ',:ohislo er Gontainor ::1t ::t GonSf)iGl:I9l:1& 10GatioF!. a3id idantifis3tiQA Ehallsa either in lotteFs Rot 10EE: than two ane! ene l:Ialf (2 1.'2) iRshes in hei€ll:lt er iR aR easily reae!al3lo sign Rat loss than ten (19) iRshe6 iR heigl:lt ane! twelve (12) insl:lo6 in wielth. R13340D5.doc 1 T - ",. 16 "(a) Except as provided in subsection (h) of this section. any vehicle used to collect the solid waste within the City. used to transport solid waste on the streets. alleys or public thorouahfares of the City. or used to dispose of any solid waste at a facility operated by the Department must reaistered with the Director. "(b) Any person desirina to reaister a solid waste vehicle shall make application for a solid waste vehicle reaistration sticker to the Director. "(c) The application shall set forth: "(1) Name of the applicant. "(2) Number of applicant's waste hauler's permit. "(3) The followina information reaardina each vehicle used to transport solid waste within the City or to a City owned solid waste facility: "(A) Make of vehicle, "(B) Model of vehicle. "(C) Vehicle identification number (VIN), "(0) Gross weiaht. "(E) Tare weiaht. "(F) Name of body manufacturer. "(G) Model of body, "(H) Total cubic capacity of body. "(4) The followina information reaardina each solid waste container that is used to haul solid waste for disposal on a vehicle's chassis: "(A) Name of container manufacturer. "(B) Container model. "(C) Total cubic capacity of container. "(D) Tare weiaht. "(5) Provide copies of insurance policies. which name the City as an additional insured. in an amount the Director of Safety and Risk Manaaement determines is needed to protect the interest of the City and its residents. as reauired by section 17-15 of the Code of Ordinances. R13340D5,doc -....--- ~ 17 "Cd) The applicant. who holds a valid solid waste hauler permit. is not reauired to provide any information that has been provided on an application for a solid waste hauler permit other than the applicant's name if the information on the application for the solid waste hauler permit has not chanaed. "(e) No solid waste vehicle reaistration sticker may be issued until the applicant provides satisfactorv proof to the Director of Safety and Risk Manaaement that the applicant has adeauate liability insurance available to protect the interest of the City and its residents. as reauired by section 17-15 of the Code of Ordinances. "(f) The Director shall issue one or more reaistration sticker(s) to each vehicle reaistered under this section, The Director shall identify the location where the sticker or stickers must be placed on each vehicle. "(a) The fee for each solid waste vehicle reaistration sticker is one dollars ($1,00) per vehicle. payable to the City at the time of issuance of solid waste vehicle reaistration sticker. "(h) Whenever a vehicle is permanently taken out of service or transferred to another hauler. the hauler who reaistered the vehicle shall remove the current reaistration sticker(s) from the vehicle. The sale of a hauler's business and its assets within the City is not considered a transfer of the vehicle. "(i) The followina vehicles are not reauired to have a solid waste vehicle reaistration sticker: "(1) Non-commercial vehicle. unless beina used for a commercial activity. A vehicle is beina used for a commercial activity if the owner or operator of the vehicle is receivina any consideration for transport solid waste to the City's disposal facility. "(2) Commercial vehicle transportina household waste for a residential customer. when accompanied by the residential customer. (The residential customer must be the driver or a passenaer in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) "fit-(i) The use of any vehicle to collect the solid waste within the City. used to transport solid waste on the streets. alleys or public thorouahfares of the City. or used to dispose of any solid waste at a facility operated by the Department without a current reaistration sticker displayed on the vehicle is an offense. "Sec. 21-90. SeliE! waste freR'1 ewtsiE!e ef tl=le City. Solid waste dumpster reaistration - Reauired. "(3) .A.II GoliEJ \\(:1&t0 ~on=Ait holdoFS :Ira hore13y Foql:JiroEJ ts El:Jsmit :I list sash msnth of ::1I1 GlIGtemorE: for ',:.'hieh Eaid Belid ':)96t8 J30FFFlit Reldor has ronaorod &oFviso fraFFl :lAY ~()int 0lJtsiae of tho City limitE:. R13340D5.doc T 18 "(e) The 6elie! wasta l3erR'lit holder 6hall flrel3arc 6aie! r013ort6 so (l6 te flro...ide the correet inferR'latieR a6 ef the firet e!ay ef aash R'lonth ane! 6t-lall 6l,1bmit the rcflerte; te the Direstor ne later thaR the tenth day of tho 6aFRa R'lenth. "(e) Tl::lo selie! 'Na6ta l3orR'lit t-lelEler shalll3ay to the City tho e!i6l3e6al ehar!ij06 fer all 6elie! \4:06tO senVGyoEl Sf tr:lnSl30rtoa fF0fF1 8l:Jt&ido af tno City to 3AY EtisPO&31 sito of tho DOf3artFReRt. "(a) Each solid waste hauler's permit holder shall reaister each dumpster provided to customers within the City and to each dumpster provided to a customer outside the City if the dumpster is transported with solid waste to a disposal site operated by the Department. "(b) The Director shall provide a reaistration form to each applicant. which reauires the applicant to provide the followina information: "(1) Name and address of the applicant. "(2) Number of applicant's waste hauler's permit. "(3) Location(s) where the dumpsters will be stored when not in use. "(4) The followina information reaardina each dumpster used to transport solid waste within the City or to a City owned solid waste facility: "(A) Name of dumpster manufacturer. "(B) Model of dumpster. "(C) Gross weiaht of dumpster. "(D) Tare weiaht of dumpster. "(E) Total cubic capacity of dumpster. "(5) Nature and character of the service the applicant proposes to render within the Citv. "(6) Statement of whether or not service will be provided to any premises not located in the City, "(c) The reaistration fee for a solid waste dumpster shall be one dollar ($1.00) per dumpster. payable to the City at the time of issuance of solid waste dumpster reaistration sticker. "(d) The Director shall issue one or more reaistration sticker(s) to each dumpster reaistered under this section, The Director shall identify the location where the sticker or stickers must be placed on each dumpster. R13340D5,doc ,..,----.. ~ 19 "(e) Whenever a dumpster is permanently taken out of service or transferred to another hauler. the hauler who reaistered the dumpster shall remove the current reaistration sticker(s) from the dumpster. The sale of a hauler's business and its assets within the City is not considered a transfer of the dumpster. "(f) The placement of any dumpster within the City without a current reaistration sticker displayed on the dumpster is an offense. "Sec. 21-91. Can account reaistration -- reauired. "(a) Each solid waste hauler's permit holder shall reaister each service stop where it collects solid waste from a can account located within the City. "(b) The Director shall provide a reaistration form to each applicant. which reauires the applicant to provide the followina information: "(1) Name and address of the applicant. "(2) Number of applicant's waste hauler's permit. "(3) The address of the can account. "(4) The freauency of service provided to the can account. "(5) The maximum number of conventional refuse receptacles or plastic baas that the customer is authorized to set out. "Sec. 2191.21-92. Private Waste Disposal Dumpsters. "(a) Private waste disposal companies may not place their disposal dumpsters on any City or State right-of-way within the City limits, All dumpsters must be placed on the customer's private property. "(b) A private waste disposal company must access a dumpster for collection services via a driveway. A private waste disposal company may not cross over the curb of a City street or State highway except at an authorized driveway approach curb-cut. "(c) If any material is illegally dumped next to a waste disposal dumpster, the customer contracting with the private waste disposal company is responsible for the removal of the illegally dumped materials. "(d) If a dumpster that is located at a business or commercial establishment is inadequate for the volume of materials being deposited and waste materials are overflowing from the dumpster, the private waste disposal company shall notify its customer of the need to arrange for placement of a larger dumpster. "(e) Each dumpster container provided by a solid waste hauler permit holder to a customer must: R13340D5,doc 20 "(1\ Be leakproof. "(2) Be maintained in aood repair. "(3) Kept clean. "(4) Be painted. "(5) Display the container reaistration sticker at the locations desianated by the Director. "(6) Be kept free of any araffiti. "Secs. 21 9221-93 -- 21-99. Reserved." SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision this ordinance be given full force and effect for its purpose. SECTION 9. A violation of any of the provisions of this ordinance constitutes an offense, punishable as provided in Section 21-3 of the Code of Ordinances, SECTION 10. This ordinance is effective on August 1, 2001. SECTION 11. Notice of this ordinance shall be published in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R13340D5.doc ._~ T . . 21 That the foregoing ordinallce was r d for the first time and passed to its second reading on this the J'1" ~ay of , 2001, by the following vote: ~ ~ John Longoria Jlv ~ Jesse Noyola ~)) rLD Mark Scott ~ i o }~ ce ~:!~d for the second time and passed finally on this , 2001 by the following vote: ~ ~ Henry Garrett ~ Mark Scott Bill Kelly 4 PASSED AND APPROVED, this the ili~y of If ~ .--/,2001, :::~d~ ~:,~.~ City Secretary Mayor Samuel L. Neal, Jr. , Rex A. Kinnison Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Tha~he foregoing the ,-,....4~ay of I Samuel L. Neal, Jr. Rex A. Kinnison ~ ~ dL' Brent Chesney John Longoria Javier D. Colmenero Jesse Noyola APPROVED: 25th day of July, 2001: By: R13340D5,doc 024527 "..-- ] . :'!t!MCE DEPARTMEh, PUBLISHER'S AFFIDAVIT State of Texas County of Nueces 01 MlG -2 AM 10: 12 } } ss: CITY OF CORPUS CHRISTI Ad # 3904733 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 30TH day(s) of JULY, 2001. Ont. No. O'l.46Z7 30, 2001/D1 ~.. g t?~ Credit Customer Service Manager Subscribed and sworn to me on the date of JULY 31,2001. Gaul ~uic~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. .. "