§ 12.5-842.3 CONTINUATION OF WATER SERVICE DURING APPEAL.

   (a)   During the process of the formal appeal, the customer’s water service shall be continued.

   (b)   In the event water service was terminated prior to a valid formal appeal hearing, water service will be re-initiated upon payment of an initiation fee. The initiation fee will be refunded if the hearing officer’s decision is in favor of the customer in whole or part.

   (c)   Water service may not be continued nor reinstated if there is a violation of the city’s electric code, building code, fire code or any city ordinance that relates to the water service as deemed by the director of the water department.

(Ord. 16189, § 17, passed 10-26-2004)

§ 12.5-842.4 RIGHTS AND REMEDIES OF THE CITY.

   The failure of the city to comply with any deadlines in this chapter does not result in the city’s waiving its right to seek termination of water service for the reasons specified in this chapter or otherwise specified by law.

(Ord. 16189, § 18, passed 10-26-2004)

§ 12.5-843 ENVIRONMENTAL PROTECTION FEE.

   (a)   A separate fee at a rate established by the city council by ordinance shall be charged to persons within the city for solid waste disposal services as authorized by Tex. Health and Safety Code § 364.034. Such fee shall be assessed to each customer per service address and included on the monthly water bill. Such fee shall be in addition to any fees for other services regulated by this article, and shall be shown as “environmental protection fee.”

   (b)   Pursuant to Tex. Health and Safety Code, § 361.013(g), any revenues generated by the fee which have accrued or which may accrue in the future, shall be used for disposal or environmental programs or services that are required by state or federal mandates.

   (c)   The payment of a fee charged under this section does not relieve any person of the duty to comply with applicable environmental laws, regulations, codes and ordinances. The city may enforce such laws, regulations, codes and ordinances against a person who has paid such fee and may seek legal or equitable relief against such person, including, but not limited to, recovery of the city’s abatement, cleanup and protection costs.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 25772-09-2022, § 1, passed 9-27-2022, eff. 10-1-2022)

§ 12.5-844 NON CITY WASTE LANDFILL ENVIRONMENTAL FEE.

   All persons disposing of non city waste at the Southeast Landfill who do not have a current, valid Grant of Privilege Agreement with the city pursuant to § 12.5-850 and/or do not possess a current, valid hauling permit pursuant to § 12.5-857 shall pay a Landfill Environmental Fee as set by the city council, which shall not exceed $10.00 per ton. The Landfill Environmental Fee shall be collected with the tipping fee assessed by the operator of the Southeast Landfill.

(Ord. 24533-11-2020, § 2, passed 11-17-2020, eff. 1-1-2021; Ord. 26452-09-2023, § 1, passed 9-19-2023, eff. 10-1-2023)

§§ 12.5-845—12.5-849 RESERVED.

DIVISION 5: PRIVATE COLLECTORS

Editor’s note:

   Ord. 13555, § 1, adopted Aug. 25, 1998, amended Div. 5, in its entirety, to read as herein set out in §§ 12.5-850 through 12.5-863. Prior to inclusion of said ordinance, Div. 5 pertained to similar subject matter. See the Code Comparative Table.

§ 12.5-850 AGREEMENT REQUIRED.

   (a)   No person within the City of Fort Worth shall engage in the business of collecting or transporting municipal solid waste produced in the city without first entering into a non-exclusive privilege agreement (“privilege agreement”) with the city.

   (b)   A person commits an offense if the person collects or transports municipal solid waste in violation of subsection (a) above.

   (c)   Exemptions:

      (1)   The city, city employees and persons contracting with the city, engaged in the collection and transportation of municipal solid waste on behalf of the city are exempt from this section; and

      (2)   Persons transporting their own municipal solid waste that they generated at their own homes are exempt from this division.

   (d)   Defenses:

      (1)   It is a defense to prosecution that the person was using a vehicle to gather only recyclable materials, salvageable newspapers or clothes. Recycling shall be defined as collection of only source separated materials for resale;

      (2)   It is a defense to prosecution that the person was transporting municipal solid waste that was generated in the person’s private business and that the person only transports municipal solid waste at a maximum of two times per year; and

      (3)   It is a defense to prosecution that the person was collecting source separated recyclables from a dumpster or roll-off container that is used by private individuals or firms and contains only recyclables.

(Ord. 13555, § 1, passed 8-25-1998)