(A) Title. This chapter shall be known as the “Garbage Ordinance” of the Town of Lakeside. The word PREMISES as used in this chapter shall be construed to mean places of business, business premises, offices, eating houses, private residences, vacant lots, and any other place within the town limits of the Town of Lakeside.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BRUSH. Tree and shrub trimmings in bulk which are not easily placed in disposable containers.
DEBRIS. Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste building materials, dead trees and other bulky, heavy material.
GARBAGE. Refuse, animal or vegetable matter (as from a kitchen or any other food processing facility), cans, bottles, sacks, clothes, extinguished ashes, paper and any other household waste which is capable of emitting noxious odors or which is unsightly.
HAZARDOUS WASTE. Any waste, even though it may be part of a delivered load of garbage, trash, or debris which:
(a) Is defined as such by the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder;
(b) Because of its quantity, concentration or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible illness or which poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, accumulated or disposed of;
(c) Is identified or listed as a hazardous waste by the Administrator of the United States Environmental Protection Agency (hereinafter called “EPA”), pursuant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, being 42 U.S.C. §§ 6901 et seq., or any subsequent amendments thereto;
(d) Is required to be accompanied by a written manifest or shipping document describing the waste as HAZARDOUS WASTE, pursuant to any state or federal law, including, but not limited to, the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, and any amendments thereto, and any state or federal regulations promulgated thereunder;
(e) Contains polychlorinated biphenyls or any other substance, the storage, treatment or disposal of which, is subject to regulation under the Federal Toxic Substances Control Act, being 15 U.S.C. §§ 2601 et seq., and any amendments thereto, and any state and federal regulations promulgated thereunder;
(f) Contains a “reportable quantity” of one or more “hazardous substances,” as defined in the Federal Comprehensive Environmental Response, Compensation and Liability Act, being 42 U.S.C. §§ 9601 et seq., as amended, and any state or federal regulations promulgated thereunder; or
(g) Contains a radioactive material, the storage or disposal of which, is subject to state or federal law and any regulations promulgated thereunder.
RESIDENTIAL CUSTOMER or RESIDENCE. All occupants of residential districts as set out and defined in the zoning ordinances and maps of the Town of Lakeside and shall mean every owner, occupant, tenant, or lessee thereof.
SPECIAL WASTE. Any waste, even though it may be part of a delivered load of garbage, trash, or debris, excluding insignificant quantities normally found in residential waste, which is:
(a) Defined as such by the laws of the United States and/or the State of Texas and any regulations promulgated thereunder;
(b) Medical waste, including infectious or pathological waste from laboratories, research facilities, health care facilities, and veterinary facilities;
(c) Dead animals and/or slaughterhouse waste;
(d) Sludge waste, including water supply treatment plant sludges and stabilized and/or unstabilized sludges from municipal or industrial wastewater treatment plants;
(e) Liquid waste, which for the purposes of this chapter mean any waste material that is determined to be or contain “free liquid” by the paint filter test (EPA Method 9095);
(f) Waste from an industrial process;
(g) Waste from a pollution control process;
(h) Waste transported in a bulk tanker;
(i) Friable and/or nonfriable asbestos waste;
(j) Empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides not normally sold to or used by residents or businesses not engaged in the business of treatment for insects, pests, or rodents or treatment of lawns, shrubbery, and landscapes;
(k) Containerized waste (e.g., a drum, barrel, portable tank, box, pail, and the like) of a type listed in this definition;
(l) Residue or debris from the cleanup of a spill or release of chemical substances, commercial products or other wastes listed in this definition;
(m) Soil, water, residue, debris, or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks used or formerly used for the storage of petroleum products; or
(n) Residential wastes, only if a change in federal or state law, statute, regulation, rule, code, permit, or permit condition, which occurs after the effective date of this chapter, requires special or additional management that differs from the requirements applicable on the effective date of this chapter.
TRASH. All refuse other than garbage, debris, brush, yard waste, hazardous waste and special waste and shall include sweepings, rags, glass, scraps of metal and other refuse normally generated in business and residential use.
YARD WASTE. Grass or shrubbery cuttings, leaves, tree limbs less than four feet in length and other materials accumulated as a result of the care of lawns, shrubbery, vines and trees, but same shall not include food wastes from gardens or fruit trees.
(Ord. 63, passed 11-13-1972; Ord. 127, passed 12-6-1990)