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WASTE HAULERS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED. Accepted as satisfactory under terms of this subchapter and is given formal approval by the Approving Authority.
APPROVING AUTHORITY. The City of Cleburne or its duly authorized deputy, agent or representative.
DIRECTOR. The Director of Public Works or his or her duly authorized representative.
DISPOSAL. To discharge, deposit, inject, dump, spill, leak or place any solid, semi-solid or liquid waste such as septage waste into or on any land or water so that such waste or any constituent of such waste may enter the environment or be emitted into the air or discharged into any water course of ground waters.
DISPOSER. A person who receives, stores, retains, processes, or disposes of septic waste.
GENERATOR. A person who causes, creates, generates or otherwise produces septic waste.
LIQUID WASTE. Septic waste and/or any other wastes which is nontoxic and meets the requirements of § 51.073(A).
MANAGER. A person conducting, supervising, managing or representing the activities of a generator, transporter or disposer.
MANIFEST SYSTEM. A system of documents or trip tickets used to track generation, transportation and disposal of waste products.
OWNER. Any person who owns a facility or any portion of a facility.
PERMIT. A formal written document issued to a person by the Approving Authority authorizing hauling and disposal of septage wastes.
PERMITTEE. A person or persons granted a permit under this subchapter.
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns.
POTW (PUBLICLY OWNED TREATMENT WORKS). Means a treatment works as defined by Section 212 of the Federal Water Pollution Control Act, being 33 USC 1292. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes lift stations, sewers, pipes and other conveyances only if they convey wastewater to a POTW. In this subchapter, POTW shall refer to the City of Cleburne POTW.
SANITARY SEWER. A public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which storm, surface, groundwater and other unpolluted waters are not intentionally passed.
SEPTAGE. Wastes removed from a portable toilet, chemical toilet or septic tank.
SPECIAL WASTES. Any liquid, semi-liquid, solid or combination thereof that because of its quantity, concentration, physical or chemical characteristics or biological properties require special handling or disposal to protect human health or the environment, excluding grease traps, grit traps, and waste oil traps.
TANK. A device designated to contain an accumulation of septage waste which is constructed primarily of non-earthen materials such as concrete, steel or plastic to provide adequate structural support for holding of such waste.
TCEQ. Texas Commission on Environmental Quality.
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.
TRANSPORTER. A person who operates a vehicle for the purpose of transporting liquid waste.
TRIP TICKET. A document used to designate a chain of custody and other information required by the Approving Authority.
VEHICLE. An approved mobile device in which liquid waste may be transported upon a public street or highway.
(Ord. 3-1995-7, passed 3-28-95; Am. Ord. 05-2009-30, passed 5-26-09; Am. Ord. 04-2020-24, passed 4-14-20)
(A) A person must obtain a waste hauler permit to dispose of septage at the POTW. Industrial wastewaters including wastes from grease traps, grit traps or other pretreatment systems are not considered septage or allowed for disposal under a waste hauler permit. (Industrial wastes are regulated in §§ 51.070 through 51.086).
(B) A permit is not transferable.
(C) A waste hauling permit issued by the city is specific and excludes the collection and storage of materials that are hazardous in nature.
(Ord. 3-1995-7, passed 3-28-95; Am. Ord. 05-2009-30, passed 5-26-09; Am. Ord. 04-2020-24, passed 4-14-20)
(A) The waste hauler is required to obtain a TCEQ permit, the Approving Authority shall not issue a permit to any waste hauler that is not permitted by the TCEQ. Registration numbers must be posted on each approved vehicle in accordance with TCEQ rule.
(B) A permit will not be issued unless the $75 permit fee is paid to the city. This permit must be renewed every two years.
(C) The Approving Authority shall number permits consecutively, and each permit holder shall cause the permit to be displayed as prescribed by the Approving Authority.
(Ord. 3-1995-7, passed 3-28-95; Am. Ord. 05-2009-30, passed 5-26-09; Am. Ord. 04-2020-24, passed 4-14-20) Penalty, see § 51.999
(A) Operator shall determine if the content of the trap is acceptable waste for a permitted vehicle. The vehicle shall be equipped and of sufficient size to handle load.
(B) A permitted transporter shall not transport materials which are hazardous as defined herein.
(C) A manifest system approved by the city shall be used to document transportation and disposal of all applicable liquid waste as follows:
(1) Trip ticket books shall be purchased by the transporter from the city Water Utilities Superintendent at a cost of $25;
(2) A transporter shall 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 only shall submit one trip ticket for each load regardless of number of units serviced and must present for inspection/testing prior to discharge of waste;
(3) White copy of trip ticket to be signed by transporter and generator at time of waste collection with yellow copy maintained by generator;
(4) White copy of trip ticket to be signed by a representative of the city Wastewater Treatment Plant at time of disposal with white copy maintained by the city's representative;
(5) Gold and pink copies of trip ticket to be maintained by transporter;
(6) A copy of all trip tickets shall be maintained by the transporters in accordance with TCEQ rule.
(D) Transporter shall completely evacuate all liquid waste, semi-solid waste and solid waste from each trap serviced.
(Ord. 3-1995-7, passed 3-28-95; Am. Ord. 05-2009-30, passed 5-26-09; Am. Ord. 04-2020-24, passed 4-14-20) Penalty, see § 51.999
A person commits an offense if they allow liquid waste that emits noxious or offensive odors, is unsanitary or injurious to public health, to accumulate upon property under their control.
(Ord. 3-1995-7, passed 3-28-95; Am. Ord. 04-2020-24, passed 4-14-20) Penalty, see § 51.999
(A) A person commits an offense if they discharge liquid waste in an unapproved site, offer liquid waste for sale (other than waste oil recycling), or exchange liquid waste for barter.
(B) A person commits an offense if they allow discharge of liquid waste into a street, storm drainage system, sanitary sewer, water course or stream.
(C) The fee for disposing waste at the Cleburne Wastewater Treatment Plant shall be $25, plus the current rate of commercial accounts.
(Ord. 3-1995-7, passed 3-28-95; Am. Ord. 05-2009-30, passed 5-26-09; Am. Ord. 04-2020-24, passed 4-14-20) Penalty, see § 51.999
(A) Obtain and maintain compliance with all licenses and/or permits required by local, state or federal law.
(B) Accept waste only from a permitted transporter.
(C) Maintain trip ticket copies in accordance with TCEQ rule.
(D) Accept only those classes of wastes authorized by license or permit.
(E) Make available all records required to be kept for inspection by the Approving Authority at any time during normal business hours.
(Ord. 3-1995-7, passed 3-28-95; Am. Ord. 05-2009-30, passed 5-26-09; Am. Ord. 04-2020-24, passed 4-14-20)
(A) The Approving Authority may deny a permit if it is determined that an applicant is not qualified under this subchapter, or if it is determined that the POTW cannot accept additional loadings. The Approving Authority may refuse to accept any loads during times of plant upset or if it is believed that a load may cause harm to the treatment works or would violate Industrial Waste Ordinance, see §§ 51.070 through 51.086. The Approving Authority may suspend or revoke a permit if it is determined that a permittee:
(1) Is not qualified under this subchapter;
(2) Has violated a provision of this subchapter;
(3) Has failed to pay a required fee;
(4) Has failed to deliver trip tickets to the Approving Authority;
(5) Has failed to have a current TCEQ permit and all vehicle registration numbers posted, if required by a state or federal agency.
(B) After suspension or revocation 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 after all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid, he or she may reinstate the permit.
(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 any employee of the transporter violates any of the provisions of this subchapter, any rule or regulation promulgated by the Approving Authority, applicable provisions of the city Code of Ordinances 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.
(Ord. 3-1995-7, passed 3-28-95; Am. Ord. 05-2009-30, passed 5-26-09; Am. Ord. 04-2020-24, passed 4-14-20) Penalty, see § 51.999
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