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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)
(a) The permit holder may request a modification to the permit during the permit year to register additional liquid waste transportation vehicles.
(b) A request to register additional vehicles shall be made to the director in a manner determined by the director.
(c) Additional vehicles shall be submitted to the director for inspection, and shall meet the requirements of § 12.5-706(i).
(d) The permit holder shall provide to the director proof of liability insurance or self insurance for such additional vehicles in accordance with § 12.5-706(f).
(e) Before the director modifies the permit, the permit holder shall remit a permit fee for each additional vehicle in an amount set by the city council.
(f) All additional vehicles are subject to the requirements of this article.
(g) A permit modification shall not extend the term of the permit.
(Ord. 12274, § 1, passed 11-28-1995)
(a) Before accepting a load of liquid waste, a transporter shall determine the nature of the liquid waste and whether the transporter’s equipment is sufficient to properly handle the transportation without spillage, leaks or release of toxic, odorous or harmful gasses. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste.
(b) A transporter pumping waste from a liquid waste facility shall remove 100% of the contents of such facility. However, in the case of septic tanks, a small residual of sludge may be left for seeding purposes.
(c) A transporter operating under a city permit shall not transport hazardous waste or class 1 nonhazardous industrial solid waste in a vehicle registered under the permit.
(d) A transporter operating under a city permit shall not commingle hazardous waste or class 1 nonhazardous industrial solid waste with liquid waste.
(e) A transporter shall not mix incompatible wastes within the same container. A transporter shall not use the same container or pumping equipment to collect or transport liquid waste which is incompatible with previously handled waste, without first emptying and cleaning the container and equipment. A transporter may mix wastes with different characteristics if the disposer to which the waste is being transported is authorized to store, process or dispose of such mixed wastes.
(f) A transporter shall handle and dispose of grease trap wastes or grit trap wastes commingled with septage at an authorized, licensed, disposal site. This waste shall not be disposed of in a publicly owned treatment works.
(g) A transporter shall not operate a vehicle that fails to meet the requirements of § 12.5-706(i).
(h) A transporter shall allow the director and any peace officer to inspect vehicles registered under a permit, upon their request.
(i) A transporter shall allow the director and any peace officer to obtain samples of liquid waste from the transporter’s vehicle, upon their request.
(j) A transporter shall not empty liquid wastes into a generator’s solid waste receptacles.
(k) A transporter operating under a city permit shall use a manifest system book consisting of five-part trip tickets, purchased from the director for a fee established by the city council, in the following manner.
(1) Each manifest system book shall be used exclusively for a single vehicle.
(2) A transporter will complete one trip ticket for each individual collection, with the exception of chemical toilet companies servicing their own units. Such companies shall be exempt from trip ticket requirements, but shall be required to submit to the director a monthly total of volumes disposed of and the locations of such disposal, no later than the tenth day of the month following the month in which the disposal occurred.
(3) The transporter shall sign the original part of a trip ticket and request the generator to do the same at the time of liquid waste collection. The transporter shall not remove liquid waste from the generator’s premises until the generator signs the trip ticket. The transporter shall leave the first copy (yellow) of the trip ticket with the generator.
(4) The transporter shall have the disposer sign the original part of the trip ticket at the time the waste is disposed of, and shall leave the second copy (pink) of the trip ticket with the disposer.
(5) The transporter shall retain the third copy (green) of the trip ticket for the transporter’s own records.
(6) The transporter shall return the fourth copy of the trip ticket to the generator within 15 days after the waste is received at the disposal facility.
(7) The transporter shall deliver to the director all completed original trip tickets no later than the tenth day of the month following the month in which they were completed.
(8) The transporter shall retain its copies of all trip tickets for a period of five years, and shall make such copies available to the director, upon request, for inspection at all reasonable times.
(l) A person commits an offense if the person engages in the transportation of liquid waste and fails to comply with any provision of this section.
(Ord. 12274, § 1, passed 11-28-1995)
After notice and hearing the director may suspend for up to six months or may revoke a permit if the director determines that:
(a) The permit holder, a partner of the permit holder, a principal in the permit holder’s business, permit holder’s manager or operator, or an officer of permit holder:
(1) Has within the five years preceding the date of the hearing 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
(2) Has been convicted of a felony which relates directly to the duty or responsibility in operating a liquid waste transportation business.
(b) The permit holder failed to comply with any of the permit conditions stated in § 12.5-709;
(c) The permit holder or an employee failed to use the manifest system book in compliance with this article, or to maintain manifests for five years, or to allow the director to inspect the manifests;
(d) The permit holder or an employee improperly disposed of liquid waste;
(e) The permit holder or an employee commingled liquid waste with hazardous waste or class 1 nonhazardous industrial solid waste in a city-permitted vehicle;
(f) The permit holder or an employee refused or failed to allow the director or a peace officer to inspect a liquid waste transportation vehicle or obtain liquid waste samples from such vehicle;
(g) The permit holder or any employee thereof, within the 12 months preceding the hearing, was convicted of violating this article; or
(h) The permit holder’s liquid waste transporter registration issued by the commission expired, or was suspended or revoked.
(Ord. 12274, § 1, passed 11-28-1995)
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