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HomeMy WebLinkAboutOrdinance 1497 ORDINANCE NO. 1497 PREAMBLE WHEREAS, the City Council of the City of North Richland Hills, finds that the unregulated transportation and discharge of liquid waste presents a hazard to the public health, safety, and welfare of the citizens of the City of North Richland Hills, Texas; and WHEREAS, the City Council of the City of North Richland Hills, finds that unregulated transportation of liquid waste facilitates the unauthorized discharge of liquid waste on the land and into the streams, creeks and sanitary sewer systems located in the territorial and extraterritorial limits of the City of North Richland Hills is undesirable ; and WHEREAS, the City Council of the City of North Richland Hills, finds that previous ordinances regulating the transportation of liquid wastes, but not regulating the generator of such waste has led to a lack of responsibility on the part of the generator to determine if waste materials were being properly disposed; and WHEREAS, Article 21.356 of the Texas Water Code authorizes regulations necessary to control and regulate the type, character, and quality of waste which may be discharged to the City of North Richland Hills, disposal system, to protect the health and safety and to prevent unreasonable adverse effects on the disposal system; and WHEREAS a model waste ordinance regulating the generators and transporters of grease trap waste, grit trap waste and septage in metroplex cities is of utmost importance and need so as to ensure the proper handling and disposal of these wastes to protect human health and the environment; and WHEREAS it is the intention of the City of North Richland Hills to enact an ordinance designed to protect and enhance the public health, safety, and welfare of our citizens by regulating the generators and transporters of grease trap waste, grit trap waste, and septage; and WHEREAS authorization to enact said ordinance is vested in the general police powers of the City and State and is more specifically granted under the rules developed by the Texas Department of Health consistent with the Solid Waste Disposal Act, Texas Civil Statues, Article 4477-7, Section 4(c) and "Dillon's Rules", the latter principle of jurisprudence stating that the City may enact rules equal to or more stringent than State rules. Now therefore be it Ordained by the City Council of the City of North Richland Hills, Texas that: Page 1 ARTICLE 1 LIQUID WASTE SECTION 1. Definitions. A. Approved: Accepted as satisfactory under the terms of this article and given formal and official sanction by the approving authority. B. Approving Authority: The City Environmental Health Officer or any other official designated by the City Manager. C. Director: The City Environmental Health Officer of the Environmental Services Division of the City of North Richland Hills. D. Disposal: The discharge, deposit, injection, dumping, spilling, leaking or placing of solid or semi-solid grease trap waste, grit trap waste, and/or septage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. E. Disposal Site: A permitted site or part of a site at which grease trap waste, grit trap waste, or septage is processed, treated and/or intentionally placed into or on any land at which said waste will remain after closure. F. Disposer: A person who receives, stores, retains, processes, or disposes of liquid waste. G. Generator: A person who causes, creates, generates, or otherwise produces liquid waste. H. Grease Trap: A water-tight receptacle designed and constructed to intercept and prevent the passsage of greasy, fatty liquid, semi-liquid and/or solid wastes generated from commerical operations into the sanitary sewer system to which the receptacle is directly of indirectly connected. I. Grease Trap Waste: Greasy, fatty liquid, semi-liquid, and/or solid wastes removed from commercial operations by a grease trap. J. Grit Trap: A water-tight receptable designed and constructed to intercept and prevent the passage of petroleum based oil, grease waste and solids into the sanitary sewer to which the receptable is directly or indirectly connected. Page 2 K. Grit Trap Waste: Petroleum based oil, grease wastes and solids from commercial automotive or heavy machinery repair and/or washing facilities. L. Hazardous Waste: Any liquid, semi-liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics may: (1). Have any of the following characteristics; toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of accusing substantial personal injury or illness; (2). Pose a substainial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the Administrator, U.S Environmental Protection Agency (EPA) pursuant to the Federal "Solid Waste Disposal Act", as amended by the "Resource Conservation and Recovery Act of 1976" and as may be amended in the future. M. Liquid Waste: Water-borne solids, liquids, and gaseous substances derived from a grease trap, grit trap, chemical/ portable toilet and/or septic tank and described as a grease trap waste, grit trap waste or septage. N. Manager: The person conducting, supervision, managing or representing the activites of a generator, transporter or disposer. o. Manifest System: used to document liquid waste. A system consisting of a four-part trip ticket the generation, transportation and disposal of P. Owner: The person who owns a facility or part of a facility. Q. Permit: The formal written document issued to a person by the approving authority authorizing collection of grease trap waste, grit trap waste and septage. R. Permittee: A person granted a permit under this article. S. Person: An individual, corporation (including a government corporation) organization, g~vernment, governmental subdivision or agency, federal agency, state, political subdivision of a Page 3 state, interstate agency or body, business or business trust, partnership, association, firm, company, joint stock company, commission, or any other legal entity. T. POTW: Publicly Owned Treatment Works. U. Sanitary Sewer: A sewer which carries sewage and to which storm, surface, and ground waters are not normally admitted. V. Septage: Wastes removed from a portable toilet, chemical toilet or septic tank. W. Shall: The word "shall" wherever used in this article will be interpreted in its mandatory sense; "may" is permissive. X. Special Wastes: Solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, require special handling and disposal to protect the human health or the environmental. Y. Spill: The accidental or intentional loss or unauthorized discharge of grease trap waste, grit trap waste, and septage. Z. Tank: A device, designed to contain an accumulation of grease trap waste, grit trap waste and septage which is constructed primarily of non-earthen materials (e.g., concrete, steel, plastic) to provide structural support for the containment. AA. TDH: Texas Department of Health. BB. TWC: Texas Water Commission. CC. Toxic Waste: Any liquid, semi-liquid, or solid waste material which has the ability to chemically produce injury once it reaches a susceptible site in or on the body. DD. Transporter: A person who operates a vehicle for the purpose of transporting liquid waste. EE. Trip Ticket: The shipping document originated and signed by the transporter which contains the information required by the approving authority. FF. Vehicle: A mobile device in which or by which liquid waste may be transported upon a public street or highway. SECTION 2. Permits. Page 4 A. A person commits an offense if he operates or causes to be operated a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of liquid waste and the approving authority shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number is issued for each vehicle operated. B. A person who desires to obtain a permit must make application on a form provided by the approving authority. C. A person who desires to obtain a permit must submit to the approving authority at the time of application a photocopy of the manager's drivers license. The approving authority shall be notified of manager employment changes during the permit period and shall be provided a copy of the manager's drivers license. D. The approving authority shall not issue a permit unless the applicant submits for inspection by the approving authority the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the approving authority to be constructed and equipped in accordance with the provisions of this article. E. A permit is not transferable. F. A permit by the City of North Richland Hills excludes the hauling of materials that are hazardous in nature. G. Transporters transporting hazardous wastes must have the applicable Texas Water Commission and U.S. Environmental Protection Agency (EAP) registration number and use the appropriate EPA manifest systems. H. Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid wastes. The approving authority shall be immediately notified of additional disposal sites used during the permit period. SECTION 3. Fee and Display of Permit. A. The approving authority shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee of one hundred dollars ($100.00) for the first vehicle and fifty dollars ($50.00) for each additional vehicle operated by the person. Each permit must be renewed annually. B. The permit fee shall be due and payable on October first (1st) of each calendar year. Pa ge 5 C. The approving authority shall number permits consecutively, and each permit holder shall cause to be displayed, on each side of each vehicle in a color contrasting with the background in three inch letters or larger the business name, TDH registration number the following: NRH 000 The first three letters (NRH) shall represent the City of North Richland Hills. The numbers (000) shall be the permit number. The permit holder shall place business name, TDH registration number and the vehicle permit number on each vehicle before the vehicle is operated. The permit holder shall keep the permit receipt, or a copy, in the vehicle at all times. ARTICLE 2 SECTION 1. Liquid Waste Vehicles: Maintenance A. A liquid waste transporter shall: (1). Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks; (2). Provide a safety plug or cap for each valve of a tank; (3). Cause a vehicle exterior to be clean and the vehicle odor-free at the begining of each work day. B. The approving authority may cause to be impounded a vehicle which is being operated in violation of this article, and he/she may authorize the holding of the vehicle until the violation is corrected. The approving authority may also revoke the permit for the improperly operated vehicle. If a vehicle is impounded or if a permit is revoked an appeal may be filed by the transporter pursuant to Article Three (3) of this ordinance. SECTION 2. Liquid Waste Vehicles: Inspection. A. A liquid waste transporter's vehicle shall be inspected by the approving authority prior to the issuance of a vehicle permit with qualifications as follows: (1). Use of a vehicle with a single tank as an integral portion of vehicle to transport liquid wastes; portable tanks or other containers temporarily installed in vehicles are prohibited. Page 6 (2). Piping, valves and connectors shall be permanently attached to tank and/or vehicle; (3). Tank to be liquid tight; (4). Tank to be constructed so that every interior and exterior portion can be easily cleaned; (5). Piping, valves, and connections shall be accessible and easy to clean; (6). Inlet, or opening of tank to be constructed so that collected waste will not spill during filling, transfer, or during transport; (7). Outlet connections to be constructed so that no liquid waste will leak, run, or spill out from the vehicle; (8). Outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroungings while in use; (9). Pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning. SECTION 3. Responsibilities of a Liquid Waste Transporter. A. Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful gasses, fumes, liquids, or other substances. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste. B. A transporter with the City of North Richland Hills liquid waste transporter permit shall not transport materials that are hazardous as defined in Article One (1) in vehicles permitted by the City for transporting liquid waste. c. A transporter holding a City of North Richland Hills permit must use a disposal site permitted and approved by the city, or the state, or the federal government. Page 7 D. A manifest system, consisting of a four-part trip ticket is used to document the generation, transportation and disposal of all applicable liquid waste generated in the City of North Richland Hills and shall be used as follows: (1). The trip ticket books are purchased by the transporter from the City of North Richland Hills, Division of Environmental Services, for a fee of ten dollars; (2). A transporter will complete one trip ticket for each location serviced, with the exception of chemical/portable toilet companies servicing their own units. Chemical / portable toilet companies servicing their own units shall be exempt from trip ticket requirements but shall be required to submit a monthly total of volumes disposed and location of disposal to the approving authority; (3). White copy of trip ticket signed by transporter and generator at time of waste collection and Yellow copy maintained by generator; (4). White copy of trip ticket signed by disposer at time of disposal and Pink copy maintained by disposer; (5). Green copy of trip ticket maintained by transporter; (6). All completed trip ticket books containing the White copy of the trip ticket will be delivered at least monthly by the transporter to the City of North Richland Hills, Division of Environmental Services; (7). A copy of all trip tickets shall be maintained for a period of two years. SECTION 4. Accumulation of Liquid Waste. A person commits an offense if he/she allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his/her control. SECTION 5.Disposal of Liquid Waste A. A person commits an offense if he/she unloads or offers for sale or exchanges liquid waste, except at a place permitted by the city or the state, or the federal government. B. A person commits an offense if he/she deposits or discharges liquid waste onto a street or into a storm or sanitary sewer or Page 8 or an area that drains into the storm sewer system. SECTION 6. Responsibilities of Liquid Waste Generator. A. A generator of liquid waste shall have all liquid waste material picked up from his/her premises by a liquid waste transporter who holds a valid permit from the city and the liquid waste shall be transported to an approved site for disposal. B. A generator of liquid wastes shall not have hazardous wastes or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a city permit. C. A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter and shall keep a copy of all trip tickets for a period of two years. The approving authority may inspect these records during normal business hours. D. A generator shall: (1) Install or provide collection device of size and type specified by approving authority; (2) Maintain collection device in continuous, proper operation; (3) Supervise proper cleaning of collection device; (4) Report spills and accidents involving collection device to approving authority within 24 hours; (5) Clean up all spills and accidents immediately and have material disposed of by permitted transporter by proper means. SECTION 7. Responsibilities of Liquid Waste Disposers A. A liquid waste disposer commits an offense if he/she allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard. B. A liquid waste disposer shall: (1) Obtain and maintain compliance with all licenses and/or permits required by local, state or federal law; (2) Accept waste only from a permitted transporter; Page 9 (3) Maintain trip ticket copies for a period of two years; (4) Accept only those classes of wastes authorized by license or permit; (5) Make available all records required to be kept for inspection by the approving authority during normal business hours. ARTICLE 3. ENFORCEMENT SECTION 1. Rules and Regulations The approving authority may promulgate rules and regulations as may be necessary to carry out the provisions of this article and protect the public from health and safety hazards. The approving authority may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The approving authority may amend any permit issued hereunder to ensure complaince with applicable laws and regulations. SECTION 2. Denial, Suspension, Revocation or Permit A. The approving authority may deny a permit if it is determined that an applicant is not qualified under Article Two (2) of this article and may suspend or revoke a permit if it is determined that a permittee; (1) Is not qualified under Article Two (2) of this article; (2) Has violated a provision of this article; (3) Has failed to pay a required fee; (4) Has failed to comply with maintenance or inspection requirements; (5) Has failed to deliver trip tickets to the approving authority. B. After suspension under this section, a permittee may file a request for reinstatement of the permit. When the approving authority determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid, he shall reinstate the permit. Page 10 C. The approving authority may revoke for a period of one year or less all permits held by a liquid waste transporter if the transporter or an employee of the transporter violates any of the provisions of this article, any rule or regulation promulgated by the approving authority, or applicable provisions of the city code or state law. D. A permittee whose permit is suspended or revoked shall not collect, transport, or dispose of any waste materials within the jurisdiction of the approving authority. SECTION 3. Hearing A. If the approving authority denies the issuance of a permit, or revokes a permit, he/she shall send to the applicant, or permit holder, by certified mail. return receipt requested, written notice of his/her actions and the right to a hearing. B. The hearing provided for in this Article shall be conducted by the Board of Appeals of the City of North Richland Hills at a time and place designated. Based upon the recorded evidence of such hearing, the Board of Appeals shall make a final finding, and shall sustain, modify or rescind the action of the approving authority. A notice of the hearing decisions shall be furnished to the holder of the permit by the City Environmental Health Officer. SECTION 4. Responsibility of Corporations or Associations A. In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment. B. Any person, operator, or owner who shall violate any provlsl0n of this ordinance, or who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed one thousand dollars ($1,000.00), and each violation and each day a violation continues, shall constitute a separate offense and shall be punished accordingly. C. Any person found to be guilty of violating provlsl0ns of this article shall become liable to the city for any expense, loss, or damage occasioned by the city for reason of appropriate clean-up and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half (1/2) of assessed clean-up costs shall be levied by the city against the guilty person. ARTICLE 4. SEVERANCE; REPEALER; PENALTY SECTION 1. Severance Pa ge 11 ARTICLE 4. SEVERANCE; REPEALER; PENALTY SECTION 1. Severance That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article, or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgment or final decree of the court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, article,or sections of this ordinance since the same would have been enacted by the City Council with the incorporation herein of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, subsection, article, or section. SECTION 2. Repealer All ordinances or parts of ordinances not consistent or conflicting with the provisisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. SECTION 3. Penalty Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined upon conviction not less than one dollar ($1.00) nor more than one thousand dollars ($1,000.00) and each day any violation of non-compliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Vernon's Ann. Div. St. Art. 1175 (f), (1) to (8) and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. This ordinance shall be in full force and effect from the date of passage and approval and publication as required by law: Passed and approved ~th ~ePtember. Dan Echols Mayor 1987. ATTEST: J~~ ~~retarY APPR~v~)~~~n Rex McEntire Attorney for the City Page 12 LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF TARRANT Before me, the undersigned authority on this day personally ap- peared Virqinia Rankin known to me to be a credible person, who first being sworn, deposed and upon her oath said: That she is the C.A.D. of the Mid Cities Daily, a newspa- per which has been regularly and continuously published and of general circulation in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Leçral and that he caused said notice to be published in said newspaper on the following date(s). 10/6/87 That the attached is a true and correct copy of said notice as ewspaper ~ - . ~/. - /éd/ ¿~~~ " Sworn to and subscribed 19~. day ofOcto~er published on said date(s) in said 7 ¿¡ÓA£¡,~ >Vd¿ Notary Public, Dallas Count~Texa8 ORDINANCE NO. 1497 An ordinance regulat- ing the transportation and discharge of liquid wastes; defining terms; making it unlawful to transport liquid waste withO"lt a permit; pro- viding for a fee for the pe~mits; regulating maintenance of liquid waste vehicles; setting forth responsibilities of a liquid waste transport- er; regulation accumu- '!lti~n and disposal of liquid waste; providing rules for enforcement; prOviding a savings clause and establishing a fine of not less than 51.00 nor more than 51,000 for violation of this ordinance and pro- viding for an effective date. Passed and appr~ed by the City Council of the City of North R ich- land Hills, Texas the 28th day of September, 1987. /s/ Dan Echols, Dan Echols, Mayor ATTEST: /s/ Jeanette Rewis Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: /s/ Rex McEntire Rex McEntire, Attorney for the City MCDN CPN #759 PUB.: 10/6/87