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The purpose of this article is the regulation of the generation, transportation and disposal of grease trap waste, grit trap waste and septage, for the protection of the sanitary sewer system and the environment. The wastes regulated by this article do not include hazardous wastes or class 1 nonhazardous industrial solid wastes.
(Ord. 12274, § 1, passed 11-28-1995)
(a) A person commits an offense if the person collects or transports liquid waste without a valid permit issued by the director.
(b) It is an affirmative defense to an enforcement action for a violation of subsection (a) above, that:
(1) The person was disposing of the person’s own waste from the person’s own recreational vehicle, boat or travel trailer; or
(2) The person was transporting liquid waste through the city that was collected outside of the city and which was disposed of outside of the city.
(Ord. 12274, § 1, passed 11-28-1995)
A person required by § 12.5-705 to have a permit shall do the following:
(a) Complete and file a permit application on a form prescribed by the director;
(b) Submit with the application a photocopy of applicant’s driver’s license. If applicant is a person other than an individual, the driver’s license shall be that of applicant’s chief operating officer or manager;
(c) Submit with the application a copy of the applicant’s current registration issued by the commission, pursuant to Tex. Administrative Code Title 30, § 312.142, to collect and transport liquid wastes;
(d) Submit with the application a copy of the state registration license receipt issued to each vehicle that applicant wants to register under the permit;
(e) Submit with the application a list of all disposers the applicant proposes to use;
(f) Submit to the director proof that applicant’s vehicles which will be registered under the permit are insured in at least the minimum amounts as required by state law, or are self-insured as provided by state law to secure payment of all lawful and proper claims arising out of the operation of each vehicle. A written statement from an authorized agent of the applicant’s insurance carrier verifying the issuance of such insurance shall be filed with the director before a permit is issued. All such verifications of insurance shall provide for a 30-day cancellation notice to the director;
(g) Provide any additional information requested by the director;
(h) Demonstrate to the director that applicant and applicant’s drivers have sufficient knowledge of the vehicles they will be operating and the liquid waste facilities they will be servicing, to collect and transport liquid waste in a safe and competent manner; and
(i) Submit for inspection by the director each vehicle the applicant proposes to register under the permit. Each vehicle shall meet the following requirements:
(1) The business name, telephone number and address of applicant shall be permanently displayed on both sides of the vehicle in letters of a minimum height of three inches, in a color contrasting to their background. An address is sufficient if it states city and state. If applicant’s business is not within a municipality, the name of the county and state will be sufficient;
(2) The vehicle shall display current state vehicle registration tags and inspection certificate;
(3) The vehicle shall display the commission-assigned registration number in accordance with state regulations;
(4) The vehicle shall have a single waste tank which shall be of a minimum 1,000 gallon capacity, permanently mounted on the vehicle and designed to transport wastes. Portable tanks or other containers temporarily installed in vehicles are prohibited. This subsection (i) does not apply to vehicles used solely to transport chemical toilet wastes;
(5) The vehicle’s engine which powers its movement, drive train and emissions system shall not be modified for the purpose of creating vacuum to empty liquid waste facilities;
(6) The vehicle shall have a power take off (PTO) unit to create vacuum sufficient to remove the entire contents of the liquid waste facilities it services;
(7) The vehicle shall be clean and odor free;
(8) All piping, valves and connectors shall be permanently attached to the tank or vehicle;
(9) The tank shall be liquid tight;
(10) The tank shall be constructed so that every interior and exterior portion can be easily cleaned;
(11) All piping, valves and connections shall be accessible and easy to clean;
(12) Any inlet, or opening of the tank shall be constructed so that collected waste will not spill during filling, transfer or during transport;
(13) All outlet connections shall be constructed so that no waste will leak, run or spill out of the vehicle;
(14) All outlets shall be of a design and type suitable for the waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use;
(15) All pumps, valves, cylinders, diaphragms and other appurtenances shall be of a design and type suitable for the type of waste handled; be capable of being easily disassembled for cleaning; and operate without spillage, spray or leakage;
(16) All tank valves shall have a safety plug or cap;
(17) All closed vehicles, tanks or containers used to transport liquid wastes regulated by this division shall have sight gauges installed and maintained in such a manner that they can be used to determine whether a vehicle is loaded and the approximate capacity of the load. Gauges are not required to read in gallons or liters, but shall show what percentage of the tank capacity is filled. An alternate method to measure actual volumes may be utilized if the transporter has received prior written approval from the commission’s executive director and has provided a copy of that approval to the director; and
(18) All discharge valves and ports shall be prominently marked. All discharge ports shall be visible and readily accessible.
(Ord. 12274, § 1, passed 11-28-1995)
(a) The director may issue a permit after the applicant pays all applicable fees, unless the director has cause to deny such permit, as specified in § 12.5-708.
(b) A permit shall be valid for one year from the date of its issuance, unless suspended or revoked.
(c) A permit shall not be transferable.
(d) The city council shall set a permit fee for each registered vehicle.
(e) The director shall issue a vehicle registration number to each vehicle registered under a permit, and shall list these numbers on the permit. A vehicle registration number is not transferable.
(f) A permit holder shall cause to be permanently displayed on both sides of each of the vehicles registered under the permit the numbers assigned such vehicles by the director. Such numbers shall be displayed prior to the vehicles being operated under the permit.
(g) The vehicle registration number, preceded by the letters FW shall be placed on both sides of the vehicle in numerals of a minimum height of three inches and in a color contrasting to their background.
(h) The permit holder shall cause a copy of the permit to be kept in each vehicle at all times and presented to the director or any peace officer upon demand. A copy of the permit holder’s transporter registration issued by the commission shall be kept in each vehicle at all times and presented to the director or any peace officer upon demand.
(i) A person commits an offense if the person operates or causes to be operated a liquid waste transportation vehicle without the vehicle registration number assigned to that vehicle by the director displayed as required by subsection (g) above.
(j) A person commits an offense if the person operates or causes to be operated a liquid waste transportation vehicle which is not registered under a city permit.
(k) A person commits an offense if the person operates a liquid waste transportation vehicle and fails to display to the director or any peace officer upon demand, a copy of a valid city permit.
(l) A person commits an offense if the person operates a liquid waste transportation vehicle and fails to display to the director or any peace officer upon demand, a copy of a valid liquid waste transporter registration issued by the commission.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 13661, § 2, passed 12-15-1998)
(a) The director may deny the issuance of a permit if:
(1) The applicant, a partner of the applicant, a principal in the applicant’s business, or applicant’s manager or operator has:
a. Within the five years preceding the date of the application been convicted of a misdemeanor that is punishable by confinement and/or by a fine exceeding $500, and which relates directly to the duty or responsibility in operating a liquid waste transportation business; or
b. Been convicted of a felony which relates directly to the duty or responsibility in operating a liquid waste transportation business;
(2) The applicant fails to provide evidence of liability insurance or self insurance as required by this article;
(3) The applicant had a permit, that was issued under this article or its predecessor, suspended or revoked within the 12 months preceding the date of the application;
(4) The application contains a false statement of a material fact;
(5) The application or all required other information is incomplete;
(6) The applicant’s vehicles submitted for inspection do not meet the criteria of § 12.5-706(i). However, the director may issue a permit but exclude from registration those vehicles not meeting said criteria;
(7) The applicant has not shown proof that the applicant and the applicant’s drivers are qualified under § 12.5-706(h);
(8) The applicant has violated a provision of this article within the preceding 12 months; or
(9) The applicant does not have a valid liquid waste transporter registration issued by the commission.
(b) An applicant whose permit is denied will be notified by the director, in writing, of the denial and the grounds therefore. Such notice will be sent certified mail, return receipt requested, to the mailing address listed on the application.
(c) An applicant whose permit is denied may request a reconsideration within ten days after service of the notice of denial, in accordance with § 12.5-119 of this chapter.
(Ord. 12274, § 1, passed 11-28-1995)
A person who has been issued a permit by the director shall comply with the following:
(a) A permit holder shall immediately notify the director of any management changes in the business during the time the permit is in effect, and shall provide the director with a photocopy of the new manager’s or chief operating officer’s driver’s license;
(b) The permit holder shall notify the director of all changes in disposal sites it wants to utilize during the permit period, and shall use only those disposal sites permitted or approved by the commission and the director;
(c) The permit holder shall maintain insurance required by § 12.5-706(f) and immediately notify the director of any changes in its insurance carrier or policy, and insured status or self-insured status;
(d) The permit holder shall maintain all vehicles registered under the permit in compliance with the requirements of § 12.5-706(i);
(e) The permit holder shall immediately notify the director when it sells or otherwise disposes of a vehicle registered under the permit;
(f) The permit holder shall maintain vehicle registration numbering in compliance with § 12.5-707(f);
(g) The permit holder shall immediately notify the director when the permit holder’s liquid waste transporter registration issued by the commission expires or is suspended or revoked;
(h) A permit holder shall ensure that all of the permit holder’s employees collecting and transporting liquid waste in vehicles registered under the permit remain sufficiently knowledgeable of such vehicles and of the liquid waste facilities they service, so that they are able to collect and transport liquid waste in a safe and competent manner; and
(i) The permit holder shall ensure that none of the vehicles registered under a permit exceed state weight limits while transporting liquid waste.
(Ord. 12274, § 1, passed 11-28-1995)
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