(A) Purpose. The purpose of this section is to:
(1) Provide an additional resource to dispose of unwanted items, and for the public health and general welfare;
(2) Provide for the orderly and cost effective disposal of solid waste and recyclables;
(3) Protect the health, safety and general well-being of citizens of Pleasanton;
(4) Protect the environment and natural resources of the community;
(5) Prohibit littering, water and air pollution;
(6) Expressly limit the use of the collection and transfer facility to residents and permitted users;
(7) Provide for an adequate disposal facility and its maintenance; and
(8) Encourage recycling.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BULKY WASTE. Includes but is not limited to, furniture, drapes, other furnishings, mattresses, box springs, ropes, fencing, appliances, carpets and carpet padding, and certain miscellaneous items.
COMPOSTABLE WASTE. Includes leaves, grass clippings, pruning, and other similar wastes resulting from lawn care and gardening.
GARBAGE or TRASH. Everyday items residents and permitted users generate and discard. GARBAGE and TRASH do not include bulky waste, compostable waste, construction and demolition debris, or recyclables.
RECYCLABLES. Items that can be reused or reclaimed to produce a product. RECYCLABLES include the items listed and described in Exhibit “A” attached to Ordinance No. 17-1188.
RESIDENT. Any person who maintains their legal residence within the City of Pleasanton.
RESIDENT BUSINESS. Any legally established commercial, professional, retail, wholesale, or other business or legal entity conducting its operations within the City of Pleasanton,
SOLID WASTE. Bulky waste, compostable waste, construction and demolition debris, garbage and trash, recyclables. SOLID WASTE does not include unacceptable waste.
TRANSFER FACILITY. The land, building and other facilities that City Council has set aside for the disposal of solid waste.
UNACCEPTABLE WASTE. Includes but is not limited to, hazardous waste, biomedical wastes, pesticide containers, infectious waste, asbestos or any items deemed hazardous by the collection and transfer facility operator or attendant.
(C) General information.
(1) All trash and recyclables shall be placed in designated areas of the facility.
(2) Anyone using the facility shall observe all posted rules and procedures.
(3) Anyone using the facility shall obey attendants and comply with their directions.
(4) Freon shall be removed from all appliances being discarded at the facility by a certified, licensed person who must provide proof that the Freon has been removed prior to disposal.
(5) The driver of any vehicle losing material at the site in any area other than the designated areas, whether it is by wind, unsecured load, vehicle problems or driver error, shall be responsible for its cleanup.
(6) All vehicles, drivers and persons entering the facility do so at their own risk and are liable for any and all damages or accidents they may cause to the facility, personnel or themselves.
(7) All vehicles must stop at the office building and check with the attendant before entering the collection and transfer facility area.
(8) All fuels must be removed from containers or fuel tanks.
(9) The facility operator and/or attendee shall have the right to refuse the use of the facility to any person, corporation or other user who is misusing the facility, or is in any way in violation of this section.
(10) Waste will not be accepted at the collection and transfer facility except upon payment of a fee. This fee will be based upon: the total volume accepted, the type of material, and the means in which the material is transported to the facility.
(D) Proof of residency.
(1) In order to reduce the collection and transfer rates, city residents must show proof of their residence within the city limits, and certify that the material is their personal household waste.
(2) The collection and transfer facility operator and/or attendant shall have the authority to request that each patron to provide identification demonstrating residency in the city. Additionally, the collection and transfer operator and/or attendant shall have the authority to inspect the materials and to reject any and all unacceptable items, to direct patrons to the proper disposal areas, and to determine the appropriate fee based on the material to be disposed or discarded, and the estimated volume and or weight of the materials.
(E) Recycling.
(1) Encouraging recycling for residences will provides an outlet for the recyclable portion of the waste stream. Participation in the recycling program will lower the volume of trash placed in bags for collection.
(2) Acceptable recyclable material will be at the discretion of the collection and transfer operator and/or attendant.
(F) Unsecured loads.
(1) The transportation of loose material shall comply with the Tex. Trans. Code, Title 7, Vehicle and Traffic, Subtitle J, Miscellaneous Provisions, Ch. 725.
(2) Loads for disposal shall be covered securely with a sturdy plastic or canvas tarp or net, and tied down with rope, bungee cords, netting or straps to prevent debris from falling out of vehicles or trailers used to transport unwanted items.
(3) All loads arriving at the collection and transfer facility shall be covered or secured so as to prevent any solid waste being transported from unintentionally falling or being blown out of the vehicle or the transport apparatus.
(4) To promote safety for loads traveling within the city limits, the city will apply a fee of $25 for unsecured loads. The fee will be enforced for vehicles arriving at the collection and transfer facility with unsecured loads.
(G) Operation and procedures for the facility. The operation and procedures for the collection and transfer facility shall be determined by the City Manager or a person he or she designates to operate the facility.
(H) Hours of operation. The hours of operation for the collection and transfer facility shall be determined by the City Manager or a person he or she designates to manage the facility. However, the manager of the facility has the discretion to close the facility during those times when weather conditions or other circumstances create conditions that are deemed unsafe for facility operations.
(I) Establishment and alteration of rates, fees, charges and deposits.
(1) The City Council does hereby establish the rates, fees, charges and deposits shown in Exhibit “A” attached to Ordinance No. 17-1188, which is hereby incorporated into this section by this reference for all intents and purposes.
(2) From time to time, the City Council may act to alter the fees, rates, charges and deposits set forth in Exhibit “A” to Ordinance No. 17-1188 by adopting a new Exhibit “A”, which will automatically be incorporated into this section and will repeal the provisions of the previous Exhibit “A”. All other provisions of this section will remain in full force and effect unless otherwise modified by the City Council.
(J) Assessment of unidentified charges. Should a circumstance arise where the city provides goods or services not specifically addressed In Exhibit “A”, the City Administrator is authorized to establish an appropriate charge or fee based on an assessment of the direct and indirect costs incurred by the city. Should there be a recurring need for the city to provide goods or services not specifically addressed in Exhibit “A”, the City Council shall adopt a new Exhibit “A” establishing the needed rates or fees.
(K) Omissions. Any current or future fee, rate, charge or deposit established by the City Council, but not included in Exhibit “A”, shall not be held in conflict with this section and shall be administered without prejudice. When the city administration becomes aware of any such omission, it shall be submitted to the City Council at the regular bi-weekly meeting for inclusion in a new Exhibit “A”.
(Ord. 17-1188, passed 7-20-2017)