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HomeMy WebLinkAboutOrdinance 14699ORDINANCE NO l ~ 9 g 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," SECTION 12.5-100 "PURPOSE", SUBSECTION (a), SECTION 12.5-103 "DEFINITIONS", THE DEFINITION OF "RECYCLING CONTAINER", SECTION 12.5-107 "AUTHORITY OF DIRECTOR OF ENVIRONMENTAL MANAGEMENT", SUBSECTIONS (a)(9), (a)(10)(C), (a)(10)(D), AND (b)(3), SECTION 12.5-111 "ENFORCEMENT OPTIONS" SUBSECTIONS (a) AND (b), SECTION 12.5-800 "DEFINITIONS", THE DEFINITION OF "DIRECTOR", SECTION 12.5-801 "ADMINISTRATION AND ENFORCEMENT", SECTION 12.5-831 "COMMERCIAL WASTE CONTAINERS", AND SECTION 12 5-851 "PRIVILEGE AGREEMENT APPLICATION", SUBSECTION (b)(6), PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE. WHEREAS, the City Council of the City of Fort Worth finds that the Department of City Services is composed of three unrelated divisions which should be separated, and WHEREAS, the City Council of the City of Fort Worth finds that one of those divisions, the Solid Waste Division, should be made a division of the Department of Environmental Management; and WHEREAS, the City Council of the City of Fort Worth finds that certain amendments must be made to its City Code to effectuate the desired changes described above, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1. The Code of the City of Fort Worth, Texas (1986), as amended, is amended by the amendment of Chapter 12 5 "Environmental Protection and Compliance", Section 12 5-100 "Purpose", subsection (a), Section 12 5-103 "Definitions", the definition of "Recycling Container", Section 12 5-107 "Authority of Director of Environmental Management", subsections (a)(9), (a)(10)(C), (A)(10)(D), and (b)(3), Section 12 5-111 "Enforcement Options", subsections (a) and (b), Section 12 5-800 "Definitions", the definition of "Director", Section 12 5-801 "Administration and Enforcement", Section 12 5-831 "Commercial Waste Containers", and Section 12 5 - 851 "Privilege Agreement Application" Subsection (b)(6), so that hereafter it shall read as follows *** Section 12 5-100 "Purpose" (a) The purpose of this chapter is the consolidation and update of the environmental regulations of the City of Fort Worth which come under the administrative authority of the Department of Environmental Management, the Department of Water, and the Department of Code Compliance *** Section 12 5-103 "Definitions" *** Recycling container means the type of container specified by the Director of Environmental Management used for the placement of recyclables for collection by the City *** Section 12 5-107 "Authority of Director of Environmental Management" The Department of Environmental Management shall be headed by a person to be known as the Director of Environmental Management. The Director may also be referred to as the Environmental Manager (a) With respect to the City's compliance with environmental laws, the Director and Director's authorized representatives may do the following *** Page 2 l (9) Administer the collection, transportation and disposal of solid waste and the "Keep Fort Worth Beautiful" Program, for the purpose of reducing litter in the community to an acceptable level, coordinating activities with the private sector and utilizing volunteers to carry out the objectives (10) Monitor the City's compliance with all federal, state, and local environmental laws, except that: *** (C) administering the alternate fuels program for the City's fleet vehicles is the responsibility of the Department of Equipment Services [(D) (deleted)] (b) With respect to enforcement, the Director and his authorized representatives may do the following ~- *** (3) Investigate violations of and enforce the Texas Litter Abatement Act. This, however, does not diminish the authority of the Director of Code Compliance regarding litter abatement as set forth in Appendix B of the City Code *** DIVISION 3 ENFORCEMENT Section 12 5-111 Enforcement Options (a) In this Division the term "Director" shall mean the Director of the Department of Environmental Management or the Director of the Department of Water, or the authorized representative of either director (b) The primary administration and enforcement of this chapter shall be divided as follows (1) Department of Environmental Management: Article I, Division 4 -Environmental Use Agreements, Article II -Air Quality; Article III - Stormwater; Page 3 Article IV -Groundwater and Surface Water Quality; and Article VIII -Solid Waste and Recycling (2) Department of Water• Article V -Public Drinking Water; Article VI -Industrial Wastewater; and Article VII -Liquid Waste [(3) deleted] *** Section 12 5-800 Definitions *** Director means the City's Director of Environmental Management and the Director's authorized representatives Section 12 5-801 Administration and Enforcement The Director of the Department of Environmental Management and the Director's authorized representatives are authorized to administer, implement, and enforce the provisions of this Article *** Section 12 5-831 Commercial Waste Containers *** (b) Every person who uses commercial waste containers, for City or private collection services, shall cause such containers to be emptied a minimum of once every seven (7) days The Directors of the Departments of Health and Environmental Management, and their authorized representatives, may when necessary to~safeguard the environment or the public health, safety, or welfare, order users of commercial waste containers (1) to empty the containers more often than weekly; (2) to increase the number of commercial waste containers on their premises, and , (3) to increase the size of the commercial waste containers used on the premises *** Page 4 Section 12 5-851 "Privilege Agreement Application" *** (b) At a minimum the application shall include *** (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 environmental management. SECTION 2 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 3. 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 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 Page 5 SECTION 4. 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 Section 9, 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 5. This ordinance shall be in full force and effect immediately upon its passage as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY ASSISTANT CITY ATTORNEY DATE ~ " ~ ~ ~~~ ADOPTED• / - ~~- ~~ EFFECTIVE 7" / ~-OI Page 6 City of Fort Worth, Texas ~1-~A~ar Anil Caunc~( Camn~un~cA~ian DATE REFERENCE NUMBER LOG NAME PAGE 7/17/01 **G-13305 12WASTE 1 of 1 SUBJECT ADOPT ORDINANCE AMENDING THE FORT WORTH CITY CODE TO PROVIDE THAT THE SOLID WASTE DIVISION OF THE CITY SERVICES DEPARTMENT BE MADE A DIVISION OF THE ENVIRONMENTAL MANAGEMENT DEPARTMENT RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending the Fort Worth City Code providing for the Solid Waste Division to be moved from the City Services Department and made a division of the Environmental Management Department. DISCUSSION The City Services Department has been composed of three divisions. It has been determined that the existing organizational structure would not be effective in addressing the City's strategic goals. One division, the Solid Waste Division, is now being made a division of the Environmental Management Department. The City Code must be amended to effectuate this change FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds CB k ,, Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 851 I ~~ Originating Department Head. ~1 CITY COUl~tC~ . David Yett 7606 (from) J~~ ~7 Additional Information Contact: rs ~+ ( .~/s , e /'~'~ David Yett 7606 City at Fo~N~ ~~~ 1 Atlop~~d Ortlinani~e ~~~ . ~~ , ,, ~,. ,,