HomeMy WebLinkAboutIR 8467 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8467
February 18, 2003
JM
� t To the Mayor and Members of the City Council
Page 1 of 2
SUBJECT: Solid Waste Ordinance Revisions
Recent improvements by City Council in the City of Fort Worth Solid Waste program have
necessitated a revision of the solid waste ordinance. Attached is a copy of the proposed changes to
Chapter 12.5 of the Code of the City of Fort Worth. The purpose of these changes include:
• Purging the document of obsolete or unenforceable aspects of the code
• Creating a document that supports the activities directed by the City Council and realized
through the contracts
• Supporting the efforts of the improved solid waste program for the City of Fort Worth.
The proposed revisions to the solid waste ordinance have not occurred in a vacuum. As part of the
Request for Proposals (UP) process, a draft ordinance was supplied to interested service providers.
Each provider was asked to comment on changes that would help support the proposals that they
were submitting. The proposed changes are incorporated to the extent that they forward the City
Council's goal of creating a clean and attractive Fort Worth and are enforceable under the new
program. Also considered were deed restrictions and other neighborhood regulations as they relate
Ir ' to cart placement, storage and other physical limitations. We also considered input from our
citizens as relayed at last year's Council Town Hall meetings. The resultant document is one that is
both cumulative and appropriate to support the new program.
In that this revised ordinance is, in essence, a complete overhaul and reformat of the old document,
a redlined version of the changes is not practical. Instead, the attached ordinance is annotated in
red, briefly describing the impetus for each change. Major revisions can be found in the following
areas:
• Section 12.5-802 Operation of Convenience Centers —Outlines what a convenience center
is, how it is operated, who can use it and what wastes can and can't be disposed of at the
centers.
• Section 12.5-821 City Household Collection Services - Outlines who is eligible for service,
how garbage, recyclables and yard trimmings must be prepared for collection, and where,
when, and how carts must be placed for service.
• Section 12.5-827 Maintenance and Storage of Carts —Outlines the homeowner's
responsibility in cart maintenance and proper cart storage.
• Section 12.5-828 Big Trash and Brush—Outlines the call-in service program and
preparation guidance for big trash and brush collection.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS NO. 8467
February 18, 2003
r To the Mayor and Members of the City Council
Page 2 of 2
f497$ SUBJECT: Solid Waste Ordinance Revisions
Unless otherwise directed, an M&C and the Ordinance will be placed on the February 25, 2003 City
Council agenda for approval. This ordinance (with the exception of Section 12.5-822 and the
garbage related parts of Sections 12.5-825 and 12.5-826) will go into effect on March 30, 2003.
The excepted sections will become effective June 30, 2003 upon implementation of the carted
garbage system.
If you need any additional information or have any questions regarding this ordinance please don't
hesitate to contact Brian Boerner, Director of Environmental Management or Libby Watson,
Assistant City Manager.
try W. Jack n
'`��ity Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, BY THE AMENDMENT OF
CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND
COMPLIANCE," ARTICLE I "ADMINISTRATION AND
ENFORCEMENT," SECTION 12.5-103 "DEFINITIONS," BY THE
ADDITION OF DEFINITIONS FOR "BRUSH," "BIG TRASH AND
BIG BRUSH," "CARRY-OUT SERVICE," "CART," ..CFCS/HCFS,"
"CITY HOUSEHOLD COLLECTION SERVICE," "CONVENIENCE
CENTER," AND "YARD TRIMMINGS" AND BY THE AMENDMENT
OF THE DEFINITION OF "COMMISSION;" AND FURTHER
AMENDING SAID CHAPTER BY THE AMENDMENT OF ARTICLE
VIII, "SOLID WASTE AND RECYCLING," DIVISION 1, "GENERAL
PROVISIONS," BY THE AMENDMENT OF SECTION 12.5-802
"OPERATION OF CITY SOLID WASTE FACILITIES," BY
RENAMING IT AND AUTHORIZING THE DIRECTOR OF
ENVIRONMENTAL MANAGEMENT TO DETERMINE
OPERATIONAL PROCEDURES AT CONVENIENCE CENTERS; BY
THE AMENDMENT OF SECTION 12.5-803 "SPECIAL WASTE NOT
ACCEPTED," PROVIDING FOR THE PROHIBITION OF SPECIAL
WASTE BEING PLACED FOR COLLECTION OR DISPOSED OF AT
CONVENIENCE CENTERS, AND PROVIDING EXCEPTIONS; BY
THE AMENDMENT OF SECTION 12.5-804 "VEHICLES AT CITY
SOLID WASTE FACILITIES," BY RENAMING IT AND REQUIRING
VEHICLES TO BE COVERED TO PREVENT SPILLAGE OR
BLOWING OF WASTE ; BY THE AMENDMENT OF SECTION 12.5-
805 "ASSUMPTION OF RISK OF INJURY AT CITY SOLID WASTE
FACILITIES," BY RENAMING IT AND PROVIDING FOR
ASSUMPTION OF RISK BY PERSONS ENTERING UPON
CONVENIENCE CENTERS; AND FURTHER AMENDING SAID
CHAPTER BY THE AMENDMENT OF ARTICLE VIII, "SOLID
WASTE AND RECYCLING," BY THE AMENDMENT OF DIVISION
2, "HOUSEHOLD COLLECTION" IN ITS ENTIRETY, PROVIDING
FOR THE COLLECTION OF HOUSEHOLD GARBAGE,
RECYCLABLES, YARD TRIMMINGS, AND BIG TRASH AND BIG
BRUSH; AND FURTHER AMENDING SAID CHAPTER BY THE
AMENDMENT OF ARTICLE VIII, "SOLID WASTE AND
RECYCLING," DIVISION 3, "COMMERCIAL SERVICES," SECTION
12.5-830, "COMMERCIAL COLLECTION SERVICE," PROVIDING
FOR THE CURBSIDE COLLECTION OF GARBAGE AND RUBBISH
FROM CERTAIN COMMERCIAL CUSTOMERS; PROVIDING THAT
THIS ORDINANCE IS CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $2,000.00
FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
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PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS, AS FOLLOWS:
The following amendment was necessitated by (1) the changes in terminology used in the new
residential collection services to be provided to Fort Worth residents and(2) the need for
clarification of certain other terms used within the ordinance.
SECTION 1.
That Part H "Code", Chapter. 12.5 "Environmental Protection and Compliance", Article I,
"Administration and Enforcement", Division 1, "General Provisions", Sec. 12.5-103,
"Definitions," of the Code of the City of Fort Worth (1986), as amended, is hereby further
amended by the addition of the following terms in alphabetical order:
Brush means cuttings or trimmings, and individual pieces from trees, shrubs, or
o lawns and similar materials not exceeding four inches in diameter and four feet in
length
Big Trash and Big Brush means tree and shrub trimmings, limbs and stumps an d
items of residential solid waste that are too large, bulky or heavy to be collected
during city household collection service including: furniture; mattresses;
appliances; remodeling debris from small projects performed by the customer at
the customer's address, but not including materials from a contractor.
Carry-out Service means collection of garbage and recyclables from a household
at a point other than the curb, as approved by the Director. The term includes
both disabled carry-out service, which requires the annual certification of a
physician or doctor of optometry, and for which no additional fee is charged, an d
elective carry-out service, for which an additional fee is charged.
Cart means a garbage or recycling cart furnished by the City for city household
collection service, or a yard trimmings cart purchased from the City.
CFCs/HCFCs means chlorofluorocarbons and hydrochloroflurocarbons: ozone-
depleting refrigerants also known by the trade name Freon®.
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City Household Collection Service means the scheduled collection and disposal of
residential solid waste and recyclables which the City provides or for which the
City contracts with another person to provide.
Convenience Center means a facility established by the City for the convenience
and exclusive use of residents (not commercial or industrial users or collection
vehicles) for the collection of household garbage and rubbish, yard trimmings, big
trash and brush, and recyclables in the manner and of the type as determined by
the Director. The facility may consist of one or more storage containers, bins, or
trailers.
Yard Trimmings means leaves, grass clippings, twigs, weeds and small bundles of
tree and shrub trimmings from residential yard maintenance.
The following amendment was necessitated by the name change last September of the Texas
Natural Resource Conservation Commission to the Texas Commission on Environmental
Quality.
SECTION 2.
And further that Part 11 "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article 1, "Administration and Enforcement", Division 1, "General Provisions", Sec. 12.5-103,
"Definitions," of the Code of the City of Fort Worth (1986), as amended, is hereby further
amended by amendment of the term "Commission" so that it shall hereafter read as follows:
Commission means the Texas Commission on Environmental Quality (TCEQ)
and its successor and predecessor agencies.
SECTION 3.
And further that Part H "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article V111, "Solid Waste and Recycling", Division 1, "General Provisions", Sec. 12.5-802,
"Operation of City Solid Waste Facilities," of the Code of the City of Fort Worth (1986), as
amended, is amended so that hereafter it shall read as follows:
The following section has been amended so that the reference to "city solid waste facilities" is
now "convenience centers. " This section authorizes the Director of the Department of
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Environmental Management to operate convenience centers in accordance with state law and to
determine other procedures for the use of convenience centers. On December 18, 2001, the City
Council authorized staff to move forward with the development of at least four convenience
centers. On November 5, 2002, the City Council authorized the City Manager to execute a
contract with Allied Waste Systems DBA Trinity Waste Services for transport and services for
waste and recyclahlesftom City Convenience Centers. (M&C C-19338)
Section 12.5-802 Operation of Convenience Centers.
(a) Convenience Centers are operated in accordance with the rules promulgated
by the Commission, with a concern for protecting the environment and
safeguarding the public health. Each site is operated in accordance with a
site operating plan that reflects operational standards of the Commission and
provides guidance to site management in the safe handling, transportation,
recycling, and disposal of municipal solid waste.
(b) The Director is authorized to:
(1) determine recycling and disposal procedures, authorized users and
methods of operation at Convenience Centers;
(2) regulate traffic at Convenience Centers; and
(3) inspect all incoming wastes at Convenience Centers and reject
materials that would in his judgment, be prohibited from disposal at
the site, interfere with facility operation, create a nuisance by reasons
of emission or disagreeable odor, or adversely affect the health,
safety and welfare of facility operating personnel or the general
public.
SECTION 4.
And further that Part 11 "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article V111, "Solid Waste and Recycling", Division 1, "General Provisions", Sec. 12.5-803,
"Special Waste Not Accepted," of the Code of the City of Fort Worth (1986), as amended, is
amended so that hereafter it shall read as follows:
The following section has been amended so that the reference to "city solid waste facility" is
now "convenience center. " This section prohibits special waste from being placed for collection
at the curb or taken to a convenience center. Special waste includes hazardous waste, infectious
waste, lead-acid batteries, household hazardous waste, dead animals, and pesticide containers.
Certain exceptions are made, On December 18, 2001, the City Council authorized staff to move
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forward with the development of at least four convenience centers. On November 5, 2002, the
City Council authorized the City Manager to execute a contract with Allied Waste Systems DBA
Trinity Waste Services for transport and services for waste and recyclables from City
Convenience Centers (M&C C-19338), and authorized the execution of a contract with Waste
Management of Texas, Inc.,for the collection of residential garbage and refuse (M&C C-19340)
Section 12.5-803 Special Waste Not Accepted.
(a) No person shall place special waste for collection by the Collector, nor
dispose of special waste at any Convenience Center, except as provided by
subsection(b).
(b) Tires, dead animals and pesticide containers may be accepted as follows:
(1) Fort Worth residents may bring a used or scrap tire that is an
incidental part of a load of household garbage and rubbish to a
Convenience Center. Truckloads of tires shall not be accepted. The
Director shall have the right to refuse to accept any tire or load of
tires.
(2) A dead animal weighing less than five (5)pounds may be placed
for city household collection service if it is first wrapped securely
in newspaper, which is then taped or tied to prevent it from
opening; placed in a disposal trash bag; labeled as to its contents;
and placed in the garbage cart. The Collector has the right to refuse
any dead animal that might pose a health risk to sanitation workers
or the general public.
(3) Pesticide(insecticide, herbicide, fungicide or rodenticide)
containers shall be triple rinsed and rendered unusable before
being placed for city household collection services, unless the type
of container makes such preparation not feasible. The Collector has
the right to refuse any pesticide container that might pose a health
risk to the Collector or to the general public.
(c) The Director may establish other restrictions on the disposal of solid waste at
Convenience Centers. If such other restrictions are established, the Director
shall post and maintain signs stating such restrictions. The signs shall be
posted at all affected facilities and shall be clearly visible to a reasonable
person.
(d) A person commits an offense if the person places special waste for collection
by the Collector or disposes of special waste at a City Convenience Center.
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SECTION 5.
And further that Part 11 "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article VIII, "Solid Waste and Recycling", Division 1, "General Provisions", Sec. 12.5-804,
"Vehicles at City Solid Waste Facilities,"of the Code of the City of Fort Worth(1986), as
amended, is amended so that hereafter it shall read as follows:
The following section has been amended so that the reference to "city solid waste facility" is
now "convenience center. " This section states that vehicles coming into a convenience center
shall be properly covered to prevent waste from spilling, leaking or blowing. On December 18,
2001, the City Council authorized staff to move forward with the development of at least four
convenience centers. On November 5, 2002, the City Council authorized the City Manager to
execute a contract with Allied Waste Systems DBA Trinity Waste Services for transport and
services for waste and recyclablesftom City Convenience Centers (M&C C-19338).
Section 12.5-804. Vehicles at Convenience Centers.
(a) Motor vehicles hauling solid waste into Convenience Centers shall be
properly covered or otherwise secured to prevent such waste from spilling,
leaking,or blowing from the vehicle.
(b) A person commits an offense if the person operates a motor vehicle at a City
Convenience Center in violation of subsection(a).
SECTION 6.
And further that Part 11 "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article VIII, "Solid Waste and Recycling", Division 1, "General Provisions", Sec. 12.5-805,
"Assumption of Risk of Injury at City Solid Waste Facilities," of the Code of the City of Fort
Worth (1986), as amended, is amended so that hereafter it shall read as follows:
The following section has been amended so that the reference to "city solid waste facility" is
now "convenience center. " This section states that persons entering a convenience center are
presumed to know the risks associated with such afacility and to save the City harmless from
injury or damage resulting from their entry upon such facility. On December 18, 2001, the City
Council authorized staff to move forward with the development of at least four convenience
centers. On November 5, 2002, the City Council authorized the City Manager to execute a
contract with Allied Waste Systems DBA Trinity Waste Services for transport and services for
waste and recyclables from City Convenience Centers (M&C C-19338).
Page 6
See. 12.5-805. Assumption of risk of injury at Convenience Centers.
Any person entering upon a Convenience Center for any purpose shall be
conclusively presumed to know and appreciate the hazards and the extent of the
damage which accompanies the accumulation of scrap wood, glass, nails, trash,
brush, garbage and waste of every description and the use of trucks and other
vehicles to move or remove same, and every person entering upon a Convenience
Center shall be conclusively presumed to have assumed the risk of injury,
connected with or resulting from such hazards and danger by his action in
entering upon such site, and for and in consideration of the permission granted by
the City to enter upon such every person shall covenant not to sue, and to
indemnify, save harmless and defend the City, its agents, officers or employees,
from and against any and all claims of any nature whatsoever for injury or
damage to person or property, whether real or asserted, arising out of or resulting
from the entry by such person upon any Convenience Center.
SECTION 7.
And further that Part 11 "Code", Chapter 12.5 "Environmental Protection and Compliance",
Article V111, "Solid Waste and Recycling," Division 2, "Household Collection" of the Code of
the City of Fort Worth(1986), as amended, is amended in its entirety, so that hereafter such
division shall read as follows:
DIVISION 2. HOUSEHOLD COLLECTION
The following section provides that use of city household collection services is mandatary for
single-family residences, duplex residences, garage apartments and mobile homes and trailers
used as residences. It also provides for carry-out service of residential garbage and recyclahles.
Carry-out service includes both elective, which has an added charge, and disabled, which
requires a doctor's certification, and which is provided at no additional charge. On January 28,
2003, City Council approved M&C G-13867 providing a monthly rate of$30 over the base rate
for elective carry-out service. This section previously was Section 12.5-823. Changes shown
reflect changes in the wording of that section.
Section 12.5-821. City Household Collection Service.
(a) The owners or occupants of single-family residences, duplex residences,
garage apartments, and mobile homes or trailers occupied as dwelling units,
shall be required to use city household collection services. Occupants of
such premises may remove and transport their own solid waste, but shall
receive no credit on their accounts for doing so.
(b) The use of city household collection services shall be optional for:
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(1) multi-family dwelling buildings and complexes containing three (3)
or more dwelling units;and
(2) for any mobile home park whose drinking water supply is provided
by well water or is provided by the City through a common meter.
(c) Individual customers may choose between curb service and carry-out service for
household garbage and rubbish collection and recycling collection. The Director
shall have the authority to designate the location for collection, with consideration
for such factors as: convenience for the Collector; convenience for customers;
hazardous conditions such as cables, utility poles, equipment clearance, animals;
and collection costs.
(d) The Director shall charge a fee for elective carry-out service in an amount
determined by the City Council.
(e) A person requesting disabled carry-out service shall submit an application to the
Director for approval. Such application shall be in a form prescribed by the
Director. The application shall be certified by a licensed physician stating that the
applicant is disabled and unable to take his/her garbage and recyclables to the
curb for collection. If applicant's disability is blind, the certification may also be
made by a doctor of optometry.
The following section, which will be in effect through June 29, 2003, provides for the collection
of residential garbage in plastic bags except for pilot areas using carts. This follows the City
Council's desire that new collection services be phased in, pursuant to its discussions on
November 5, 2002 and November 26, 2002. Most of the language in this new section previously
was in Section 12.5-821. Changes shown reflect changes in the wording of that section.
Section 12.5-822 Preparation of Household Garbage and Rubbish for
Collection.
Text of section effective through June 29, 2003.
(a) Except as provided in subsection(b), garbage and rubbish shall be placed for city
household collection service only in disposable plastic bags that are designed
specifically for use as trash bags,that are leakproof,of sufficient strength to resist
tearing under normal handling, and securely tied.
(b) In pilot areas designated by the Director, garbage and rubbish shall be placed for city
household collection service only in garbage carts provided by the City. Within a
cart, garbage and rubbish shall be contained in disposable plastic bags. The bags
shall be leak proof, of sufficient strength to resist tearing under normal handling,and
shall be securely tied.
Page 8
() Yard trimmings shall not be placed in garbage bags or garbage carts.
(d) Injurious materials shall be prepared for collection as follows:
(1) Broken glass, animal excrement, hypodermic needles, sawdust, ashes
and other potentially injurious materials that may cut sanitation
workers or blow into their eyes during loading shall be wrapped
securely and labeled as to their contents before being placed in carts
or bags for collection, so as to protect sanitation workers from injury
and disease.
(2) Dead animals weighing less than five (5) pounds shall be wrapped in
accordance with Section 12.5-803(b)(2) before being placed for
collection.
(3) All ashes shall be allowed to stand until cold to the touch before
being placed in for collection.
(4) All refuse that is mixed with liquids and all containers of liquids shall
be drained before being placed for collection.
(5) Containers that held household chemicals shall be triple rinsed and
rendered unusable before being placedd for collection.
(e) A person commits an offense if the person places garbage or rubbish for collection
in violation of this section.
The fallowing section, which will become effective j"ective on June 30, 2003,provides for the collection
of residential garbage in carts. On November 5, 2002, the City Council approved M&C C-
19340, authorizing the City Manager to execute a contract with Waste Management of Texas,
Inc.,for the collection of garbage in carts once per week; and approved M&C C-19336
authorizing the City Manager to execute a contract with Toter, Inc.,for the sale, delivery,
maintenance, and financing of garbage carts. Most of the language in this new section
previously was in Section 12.5-821. Changes shown reflect changes in the wording of that
section.
Section 12.5-822 Preparation of Household Garbage and Rubbish for
Collection.
Tent of section effective on June 30, 2003.
(a) Except as provided in subsection(b), garbage and rubbish shall be placed for c�
household collection service only in garbage carts provided by the City. Within a
cart, garbage and rubbish shall be contained in disposable plastic bags. The bags
Page 9
shall be leak proof,of sufficient strength to resist tearing under normal handling, and
,
shall be securely tied
(b) Plastic bags containing garbage and rubbish may be placed for collection under the
following circumstances, if the bags are designed specifically for use as trash bags,
are leak proof, are of sufficient strength to resist tearing under normal handling and
are securely tied:
(1) A household that is utilizing and paying for two 96-gallon garbage carts may
place an unlimited number of bags of garbage and rubbish for collection next
to the garbage carts,but only after the garbage carts have been filled
(2) Each household may place up to two garbage bags for collection outside the
garbage cart on the first scheduled collection day following Thanksgiving
Day and Christmas Day.
(c) Yard trimmings shall not be placed in garbage carts.
(d) Injurious materials shall be prepared for collection as follows:
(1) Broken glass, animal excrement, hypodermic needles, sawdust, ashes
and other potentially injurious materials that may cut sanitation
workers or blow into their eyes during loading shall be wrapped
securely and labeled as to their contents before being placed for
collection so as to
protect sanitation workers from injury and
disease.
(2) Dead animals weighing less than five (5) pounds shall be wrapped in
accordance with Section 12.5-803(b)(2) before being placed for
collection.
(3) All ashes shall be allowed to stand until cold to the touch before
being placed for collection.
(4) All refuse that is mixed with liquids and all containers of liquids shall
be drained before being placed for collection.
(5) Containers that held household chemicals shall be triple rinsed and
rendered unusable before being placed for collection.
(e) A person commits an offense if the person places garbage or rubbish for
collection in violation of this section.
The following section provides for the collection of residential yard trimmings in biodegradable
paper yard bags and/or an optional yard waste cart. On December 18, 2001, the City Council
authorized staff to move forward with collection of yard waste for composting, in order to reduce
Page 10
landfill waste. On November 5, 2002, the City Council approved M&C C-19339, authorizing the
City Manager to enter into a contract with Independent Environmental Services, Inc.,for the
processing of yard waste into compost or mulch. Some of the language in this new section
previously was in Section 12.5-821. Changes shown reflect changes in the wording of that
section.
SeWon 12.5-823 Preparation of Yard Trimmings for Collection.
(a) In order to help the City achieve its state-mandated recycling goal of 40
percent, in order to reduce the amount of material deposited in the City's
landfill and thereby extend the life of such landfill, yard trimmings will be
collected and then taken to an alternate processing facility to be converted
into mulch or compost or beneficially used in an alternate method.
(b) Except as provided by subsection (e), yard trimmings shall be placed for city
household collection service either in kraft paper yard bags supplied by the
residential customer, or in an optional yard trimmings cart purchased by the
residential customer from the City.
(c) Yard bags shall be designed specifically for lawn and garden use, be of a 30-
gallon capacity, and composed of 2-ply, multi-grade wet strength natural
kraft paper.
(d) Only yard trimmings shall be placed in yard trimmings bags or carts for
collection. Plastic bags shall not be used.
(e) Small bundles of brush may be placed for city household collection service.
Each bundle shall not exceed forty(40)pounds in weight nor exceed four(4)
feet in length nor eighteen (18) inches in diameter. Each bundle shall be
securely tied with one or more bands of twine or string.
(f) A person offense if the person places yard trimmings for
n commits an off
collection in violation of this section.
(g) A perso n commits an offense if the person places a kraft paper yard bag or
yard trimmings cart for collection that contains material other than yard
trimmings.
The following section provides for the collection of residential recyclables in carts. On
December 18, 2001, the City Council authorized staff to move forward with a proposal to
provide for the collection of single stream recyclables in carts. On November 5, 2002, the City
Council approved M&C C-19337, authorizing the City Manager to execute a contract with
Abitibi Consolidated,for the processing of single stream recyclables; approved M&C C-19340,
authorizing the City Manager to execute a contract with Waste Management of Texas, Inc.,for
the collection of recyclables in carts; and approved M&C C-19336 authorizing the City
Manager to execute a contract with Toter, Inc.,for the sale, delivery, maintenance, and
Page 11
financing of recycling carts. Some of the language in this new section previously was in Section
12.5-822. Changes shown reflect changes in the wording of that section.
Section 12.5-824 Preparation of Recyclables for Collection.
(a) In order to help the City achieve its state-mandated recycling goal of 40 percent,
in order to reduce the amount of material deposited in the City's landfill and
thereby extend the life of such landfill, and in order to reduce the amount of virgin
materials being used in manufacturing, the City strongly encourages its citizens to
participate in the City's household recycling program.
(b) Recyclables shall be placed for city household collection service only in recycling
carts provided by the City.
(c) Except as provided by subsection(d), the following materials may be placed in
recycling carts for collection:
(1) Pape
Advertising circulars
• Carbonless paper
• Cardboard—cereal boxes(liners removed), soft drink and beer cartons,
dry goods packaging, corrugated cardboard, paper towel and toilet
paper cores. Large boxes must be broken down or cut to fit in the cart
with the lid securely closed.
• Catalogues
Envelopes—with or without windows
• Junk mail
• Magazines
• Newspapers—all sections
• Office paper—file folders, letterhead, sticky notes,printer paper,
calendars, school paper
Paperback books
Paper bags
Phone books
(2) Metals
Aluminum drink cans(not flattened)
• Aluminum baking tins(cleaned)
• Steel or tin food cans and lids
• Empty aerosol cans (leave spray nozzle on; remove plastic lid unless
part of can)
Steel paint cans(empty and dry)—remove lid,but recycle also
Page 12
(3) Glass and Ceramics
0 Bottles and jars—remove metal and plastic lids and recycle them
• Ceramics
• China
Dishes
• Mirrors—must fit inside cart with lid closed
• Windowpanes
(4) Plastics
f1 % *2 % P3 % P4 % P6% P7 %
%.+.f %..+.o %.+.o %.+.o
PETE HDPE V LDPE Pp PS "T---F
• Bottles, cups and jars with the#1 through#7 recycling symbols on them
• Food trays, tubs and bowls with the#1 through#7 recycling symbols on
them
• Plastic eating utensil
(d) The following materials shall not be placed in a recycling cart for collection:
• Aluminum foil
• Auto glass
0 Drink boxes and straws
• Gift wrap
• Greeting cards
• Hardcover books
• Light bulbs
• Paper milk and Juice cartons
• Plastic containers that held hazardous materials such as motor oil, paint,
pesticide or weed killer
• Plastic grocery sacks
• Pizza boxes
• Polystyrene foam including cups,formed packing materials and"peanuts"
• TOYS
• Waxed paper and waxed food containers
• Garbage or yard trimming
(e) The Director is authorized to add and delete materials,to subsections(c)and(d)as
the market for recyclables changes.
(f) The Director is authorized to amend preparation requirements for recyclables in
accordance with market variables.
Page 13
(g) A person commits an offense if the person removes or causes the removal of
recyclables from a recycling container placed for collection.
(h) It is an exception to an enforcement action brought for a violation of
subsection (g) that the person was a member of the household that placed the
recyclables for collection, or a sanitation worker employed by the Collector
who is engaged in city household collection service.
(i) A peace officer acting in his or her official capacity is exempt from subsection(g).
A person commits an offense if the person places garbage or rubbish in a recycling
cart for collection.
The following section provides for the set-out of garbage, recyclables, and yard trimmings for
curbside collection, and specifies that carts may be placed at the curb no earlier than 6:00 p.m. on
the day before collection, and must be removed from the curb by midnight of the collection day.
Some of the language in this new section previously was in Section 12.5-823. Changes shown
reflect changes in the wording of that section.
Section 12.5-825 Placement of Garbage,Yard Trimmings,and Recyclables
for Curbside City Household Collection Service.
(a) Garbage carts, garbage bags, recycling carts, kraft paper bags with yard trimmings,
yard trimming carts,and small bundles of brush shall be placed at the curb no later
than 7:00 am. on the scheduled collection day, and no earlier than 6:00 p.m. on the
day preceding the scheduled collection day. All carts shall be removed from the
curb, and from public sight,by 11:59:59 p.m. of the scheduled collection day.
(b) Garbage carts, garbage bags,recycling carts,kraft paper bags with yard trimmings,
yard trimmings carts, and small bundles of brush shall not be placed in the street or
on a sidewak
(c) Carts shall be placed for collection at the curb:
(1) With the lids closed,
(2) With the handles facing away from the street;and
(3) With a minimum clearance of two feet to each side of the cart and a half foot
to the rear of the cart from any fence, gas or water meter, fire hydrant,utility
pole,utility box,tree, or shrub that could be damaged by collection
equipment or other collection container,bundles of brush, or other
obstruction.
(d) Carts placed for collection shall not exceed the following weights when loaded:
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• 32-gallon cart— 150 pounds
0 64-gallon cart—200 pounds
0 96-gallon cart—250 pounds
(e) Kraft paper yard bags shall be placed for collection at the curb with their tops rolled
shut to prevent the contents from blowing, and shall be at least two feet from My
cart.
(f) A person commits an offense if the person places garbage carts,garbage bags,
recycling carts, kraft paper yard bags, or yard trimmings recycling carts for
collection in violation of this section.
(g) A person commits an offense if the person blocks access to or causes access to be
blocked to a cart that has been placed for collection at the curb.
The following section provides for carry-out service of residential garbage and recyclables.
Carry-out service includes both elective, which has an added charge, and disabled, which is
provided at no additional charge. On January 28, 2003, City Council approved M&C G-13867
providing a monthly rate of$30 over the base rate for elective carry-out service. Some of the
language in this new section previously was in Section 12.5-823. Changes shown reflect
changes in the wording of that section.
Section 12.5-826 Placement of Garbage and Recyclables for Carry-Out City
Household Collection Service.
(a) Household garbage and rubbish shall be prepared for carry-out household
collection service as required by Section 12.5-822, and the cart placed at a
point adjacent to the dwelling with the lid securely closed.
(b) Recyclables shall be prepared for carry-out household collection service as
required by Section 12.5-824, and the cart placed at a point adjacent to the
dwelling with the lid securely closed.
(c) Carts placed for carry-out collection shall not exceed the following weights when
loaded:
0 32-gallon cart— 150 pounds
0 64-gallon cart—200 pounds
• 96-gallon cart—250 pounds
(d) A person commits an offense if the person places garbage and rubbish and
recyclables for carry-out collection in violation of this section.
The following section specifies that garbage and recycling carts remain the property of the City,
that residents are responsible for keeping them clean, reporting thefts or need for repair, and for
properly storing them out-of-site. In numerous meetings, the public expressed concern about
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proper storage of carts, and this section addresses those concerns. On November 5, 2002, the
City Council approved M&C C-19336 authorizing the City Manager to execute a contract with
Toter, Inc.,for the sale, delivery, maintenance, and financing of recycling carts.
Section 12.5-827 Maintenance and Storage of Carts.
(a) A garbage or recycling cart supplied to a customer by the City for use at the
resident's premises remains the property of the City of Fort Worth. It is
assigned to a specific address, and may be removed from the resident's
address only by the Director or the Director's contractor.
(b) No person other than the Director or the Director's contractor shall alter any
markings on a cart nor add markings to a cart.
(c) A resident shall be responsible for keeping clean all carts that have been
supplied by the City for the resident's use.
(d) A resident shall proTj?tly notif Director of the theft of a garb e or
y the Dir _ag
recycling cart or any need for repair or replacement of a garbage, recycling,
or yard waste cart.
(e) When not placed for collection, carts shall be stored by the resident in a
secure place at their residence. The carts shall be stored so as not to be
visible to a person standing in the right-of-way of any public street adjacent
to the residence.
(f) A person commits an offense if the person violates this section.
The following section provides for the collection of big trash and brush using the City's call-in
service, and provides for four collections per household annually at no additional charge. It also
provides that additional collections may be provided at a rate determined by City Council On
November 6, 2001, City Council expressed a consensus that the monthly program of collection of
bulky waste and brush was not working and that the City needed a more responsive system. On
December 18, 2001, City Council authorized staff to move forward with developing a call-in system
for collection. On January 28, 2003, City Council approved M&C G-13867, providing for four
collections of big trash and brush per customer per year, and a charge of S 1201hour ($30 minimum)
for additional collections.
Section 12.5-828 Big Trash and Brush.
(a) Up to four big ftwh and brush collections shall be provided annually at no additional
charge to each household receiving city household collection service. The City may
provide additional big trash and brush collections to a household at a rate detemiined
by the City Council.
orlm�
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(b) A person shall place big trash and brush for collection only after they have called the
Department of Environmental Management Solid Waste Customer Service Center
and requested collection service.
(c) Big ft-ash and brush shall be placed for collection as follows:
(1) To facilitate machine loading, materials shall be placed neatly and in as tight
a stack as possible at a point adjacent to the front curb. Materials shall be
stacked away from utility poles, water and gas meters, fences, mail boxes,
fire hydrants, trees,parked cars,power lines, and other obstructions to
prevent damage by collection equipment.
(2) Materials shall not be placed in the street, in an alley, on the sidewalk, or on
a vacant lot.
(3) Brush, limbs, and stumps shall be stacked separately from furniture,
appliances, and other big trash items.
(4) Maximum set out shall be ten(10)cubic yards per collection event.
(5) All tree trimmings and limbs placed for collection shall be in stacks that are
no more than eight(8)feet in length. Individual limbs or stumps shall be cut
so that they do not exceed eighteen(18) inches in diameter.
(6) Refrigerators, freezers, dehumidifiers, air conditioning units,and other
appliances must be free of CFCs/HCFCs. These items shall not be collected
imfil the resident has provided proof to the Collector that CFCs/HCFCs have
been removed from the appliance by a licensed technician.
(d) A person commits an offense if the person places big trash and brush for collection
without having first requested collection service from the Customer Service Center.
(e) A person offense if the person places big ft-ash and brush for collection
n commits an off
in violation of subsection(c
Section 12.5-829 reserved
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---------------- . ......
SECTION 8.
And further that Part 11"Code", Chapter 12.5 "Environmental Protection and Compliance",
Article VIII, "Solid Waste and Recycling," Division 3, "Commercial Services," Section 12.5-
834, "Commercial Collection Service," of the Code of the City of Fort Worth (1986), as
amended, is amended so that hereafter it shall read as follows:
The following section provides for the curbside collection of certain commercial solid waste
accounts. This service is currently in place, and the amendment was necessitated by the
changeover from plastic bags to carts.
Section 12.5-830. Commercial Collection Service in Carts.
(a) Certain commercial premises, business premises, houses used for non-
residential purposes, and multi-family dwelling buildings and complexes, as
determined by the Director, may request City commercial collection services
for the collection of commercial garbage and rubbish.
(b) The provisions of Division 2 of this Chapter shall apply to any person using
this service.
�rr (c) A person commits an offense if the person places waste for collection in
violation of this section.
SECTION 9.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 10.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
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remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 11.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than two thousand dollars($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 12.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the ordinances amended in Sections 1-8, which have accrued at
the time of the effective date of this ordinance and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 13.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and Section 11 of this ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort
Worth,Texas and by Section 52.013,Texas Local Government Code.
SECTION 14.
This ordinance shall be in full force and effect on March 31, 2003, after its passage and
publication as required by law, and it is so ordained.
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APPROVED AS TO FORM AND LEGALITY:
DAVID YETT, CITY ATTORNEY
ASSISTANT CITY ATTORNEY
DATE:
EFFECTIVE:
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