§ 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)

§ 12.5-851 PRIVILEGE AGREEMENT APPLICATION.

   (a)   A person required to enter a privilege agreement under this division shall submit an application plus an application fee for a privilege agreement at the City of Fort Worth's Code Compliance Department, Solid Waste Division.

   (b)   At a minimum the application shall include:

      (1)   The name, address and telephone number of the applicant;

      (2)   The trade name under which the applicant does business or proposes to do business;

      (3)   The estimated number of vehicles the applicant will operate under this agreement;

      (4)   The make, model, year and license plate number, collection body type (i.e. automated side loader, front end loader, rear loader, roll-off, and grapple/boom) and fuel type (i.e. Diesel, CNG) of all vehicles to operate under this agreement;

      (5)   The nature and character of the service the applicant proposes to render; and

      (6)   Any other information that may be relevant to the applicant's fitness to render such services as may be required by the director of the code compliance department.

(Ord. 13555, § 1, passed 8-25-1998; Ord. 14699, § 1, passed 7-17-2001; Ord. 24532-11-2020, § 1, passed 11-17-2020, eff. 1-1-2021)

§ 12.5-852 GRANTING OF PRIVILEGE AGREEMENT.

   (a)   After receiving an application, the director may make such investigation as he or she considers necessary to determine whether the applicant meets the requirements of law and of this ordinance.

   (b)   The director may require the applicant to furnish additional information to assist the director in his or her determination.

   (c)   After the director determines whether the applicant meets the requirements of the law and this ordinance, the director or his or her duly authorized representative shall recommend either:

      (1)   That the city council deny the privilege agreement; or

      (2)   That the city council authorize the privilege agreement in an ordinance passed by a two-thirds vote of the city council.

(Ord. 13555, § 1, passed 8-25-1998)