§ 50.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BRUSH.  Parts or all of trees and shrubs.
   BULKY WASTE.  Bundled brush, stacked brush, fencing, appliances and other waste materials with weights or volumes greater than those allowed for permanent containers, but specifically excluding unacceptable waste.
   BUNDLED BRUSH.  Brush securely tied together to form an easily handled package not exceeding four feet in length or 50 pounds in weight.
   COMMERCIAL CONSTRUCTION WASTE. Waste produced by a commercial customer resulting from the construction, renovation or remodeling project located in the city including concrete, rocks, bricks, lumber, plaster, sand, gravel, or other waste construction materials, and where the contractor employs the use of a roll-off style waste dumpster. This term does not include construction sites that are engaged in legitimate recycling efforts where materials are source separated on site and transported to a recycling processing facility, or single-family residential construction sites.
   COMMERCIAL CONTAINER.  Metal containers supplied by city’s solid waste contractor for collection of garbage or recycling and affording capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions.
   COMMERCIAL WASTE. Waste produced by a commercial customer that is contained within a COMMERCIAL CONTAINER including GARBAGE or TRASH resulting from a commercial customer. COMMERCIAL WASTE does not include UNACCEPTABLE WASTE.
   CURBSIDE SERVICE.  Garbage, trash and recyclable materials to be picked up by the city’s solid waste contractor which will be located at the curbside of the street bearing the customer’s address.
   CUSTOMER.  Any owner, occupant, tenant or person otherwise in control of premises in the city on which garbage and trash are accumulated and from which the same is removed or required to be removed pursuant to the terms of this chapter.
   DEBRIS.  Automobile frames, loose brush, and dirt, concrete, rocks, bricks, lumber, plaster, sand, gravel, or other waste construction materials, unless the amount of these materials is insignificant.
   DISPOSABLE CONTAINERS. Any plastic bag or cardboard box capable of containing garbage or trash without leaking or emitting odors, and which weighs when loaded, less than 50 pounds.
   ENCLOSURES.  A manmade structure built for the specific purposes of shielding a commercial container. These ENCLOSURES must be built so that the refuse collection vehicles have access to the container. ENCLOSURES shall be built with doors, these shall be opened by the tenants on the day of collection, and shall remain closed at all other times, except when being used to access the dumpster for disposal of material. Doors shall be made with anchor devices that will keep the doors from inadvertently closing on the collection vehicles. ENCLOSURES shall be at least 12 feet wide and 12 feet deep for ease of collection. Approaches to containers must be of sufficient strength to support the weight of collection vehicles. Additional ENCLOSURE or screening requirements may be contained in the city’s zoning ordinance.
   FENCING.  Wooden fence panels cut into four feet by six feet sections. Loose pickets must be tied and in bundles weighing no more than 50 pounds in weight per bundle.
   GARBAGE. Refuse animal or vegetable matter (as from a kitchen or food processing facility), tin cans, bottles, sacks, clothes, extinguished ashes, paper (not including heavy accumulations of newspapers and magazines), and any other household waste which is damp or emitting noxious odors, excluding UNACCEPTABLE WASTE.
   HANDICAPPED/SENIOR CUSTOMER. A residential household in which all members of the household are physically handicapped, or over the age of 65 and are unable to place RESIDENTIAL WASTE at curbside. The fact of such condition must be certified by the City Manager.
   HAZARDOUS WASTE.  All fecal material, oil, sludge, and any radioactive, pathological, toxic, explosive, flammable, combustible, acidic or volatile materials, or other hazardous or improper wastes, including solid wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C.A. §§ 1002 et seq., or regulated as toxic under the Toxic Substance Control Act, 15 U.S.C.A. §§ 2601 et seq., and regulations promulgated thereunder or other applicable federal or state law concerning the regulations of hazardous or toxic wastes.
   LANDFILL PROHIBITED WASTE MATERIALS.  Non-hazardous materials prohibited from disposal at Type I landfills pursuant to TCEQ regulations, Tex. Admin. Code Title 30, § 330.5. PROHIBITED WASTE MATERIALS include, but are not limited to. tires, used oil filters, and PCBs or PCB containing equipment.
   LIQUID WASTE.  Any waste material that is determined to be or contain “free liquid” by a paint filter test (EPA METHOD 9095).
   LOCAL REGULATORY AUTHORITY.  Any municipal officer or department ofthe city, designated by the City Manager, to administer this chapter.
   OWNER.  The actual fee holder of the title to property and does not include tenant, lessee or subleases.
   PERMANENT CONTAINERS. Any closed, waterproof, plastic, or metal container or can which is capable of containing garbage or trash without leaking or emitting odors, and which weighs, when loaded, less than 50 pounds.
   RECYCLABLE MATERIAL.  A material that has been recovered or diverted from the nonhazardous waste stream for the purposes of reuse, recycling or reclamation, a substantia! portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. The following constitute recycled materials:
      (1)   Paper products, such as newspapers, magazines and catalogs, mail, paper bags and other paper, excluding waxed paper products, such as milk cartons and similar items;
      (2)   Cardboard products, excluding those contaminated by food products such as pizza and food boxes or other products that have been saturated by non-recyclable materials;
      (3)   Clear and colored glass bottles and jars, excluding mirrors, windows, ceramics, light bulbs and other glass products;
      (4)   Metal cans composed of tin, steel or aluminum (excluding, scrap metals);
      (5)   Plastic containers of polyethylene terephthalate and high density polyethylene varieties, also designated as #1, #2, #3, #4, #5 and #7 clear plastics; and
      (6)   Other items identified as recyclable by the city and any person having a franchise or license with the city, or as a result of changes in local, state, or federal laws, ordinances, or regulation.
   RECYCLING.  The legitimate use, reuse or reclamation of solid waste.
   RECYCLING CONTAINER.  A 95 or 65 gallon wheeled cart for use by residential or small commercial customers for curbside recyclable collection by the city’s solid waste contractor.
   RESIDENTIAL PREMISE.  A dwelling within the city limits occupied by a person or group of persons comprising not more than four families. A RESIDENTIAL PREMISE may be deemed occupied when either water or domestic light and power services are being supplied thereto. A condominium dwelling, whether of single or multi-level construction; consisting of four or fewer units shall be treated as a RESIDENTIAL PREMISE .
   RESIDENTIAL WASTE.  Garbage and trash generated by a resident and placed curbside for the regular collection at a residential premise, but does not include unacceptable waste, debris, or bulky waste.
   RESPONSIBLE PARTY.  Shall include any owner, occupant tenant or person otherwise in control of a residential premise or any owner, occupant, operator or other person with legal authority to occupy or operate a business or otherwise has responsibility for activities on a commercial premise.
   SMALL COMMERCIAL GARBAGE CUSTOMER.  Commercial customers that generate less than two cubic yards of garbage or waste during a normal work week and have received written approval from the city to operate as a small commercial garbage customer.
   SMALL COMMERCIAL RECYCLING CUSTOMER.  Commercial customers that generate less than one cubic yard of recyclable materials during a normal work week.
   SPECIAL WASTE.  Any waste defined as Special Waste by Tex. Admin. Code Title 30, § 330.3 (148).
   STABLE MATTER.  All manure and other waste matter normally accumulated in or about a stable; or any animal, livestock, or poultry enclosure; and resulting from the keeping of animals, poultry, or livestock.
   TRASH.  All household refuse other than garbage, debris, loose brush, and bulky waste; TRASH shall include grass, yard clippings, weeds, heavy accumulations of newspaper and magazines, recyclable materials, old clothes, and other household trash of like kind, but shall not include unacceptable waste.
   UNACCEPTABLE WASTE.  Any and all waste that is either:
      (1)   Waste which is now or in the future becomes prohibited from disposal at a sanitary landfill by state, federal, and/or local laws and/or regulations promulgated thereunder;
      (2)   Hazardous waste;
      (3)   Special waste, as defined herein;
      (4)   Waste, including landfill prohibited waste materials, which is prohibited from disposal at
the landfill by city's solid waste contractor including tires, concrete, and bulk petroleum or chemical products or by-products;
      (5)   Liquid waste, as defined herein, and septic tank pumping and grease and grit trap wastes;
      (6)   Sludge waste, including water supply treatment plant sludge and stabilized and/or unstabilized sludge from municipal or industrial wastewater treatment plants;
      (7)   Dead animals and/or slaughterhouse waste, except for animal euthanized under authority and direction of city's solid waste contractor;
      (8)   Any waste, including special waste as defined herein, which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical, infectious or other characteristics jeopardizes or may jeopardize the environmentally sound operation of the disposal site, as determined by the city's solid waste contractor in its sole discretion;
      (9)   Appliances containing CFC's that do not bear a certification tag that shows the CFC's have been properly recovered in accordance with federal law; or
      (10)   Stable matter, as defined herein.
   UNHEALTHY OR UNSANITARY SITE.  A site where conditions represent a threat to human health and public safety, due to accumulations of waste material or frequency of service.
   UNSIGHTLY SITE.  A site that represents a visual blight to the surrounding area.
   YARD WASTE.  Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material not greater than six inches in diameter that result from landscaping maintenance. The term does not include stumps, roots or shrubs with intact root balls.
(Ord. OR-1924-14, passed 11-10-14; Am. Ord. OR-2155-2019, passed 11-25-19)