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2023-044 Solid Waste Code of Ordinances Chapter 24 Revision June 16,2023 Report No. 2023-044 INFORMAL STAFF REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Rewrite of Chapter 24 — Solid Waste of the Code of Ordinances, including the addition of a Commercial Diversion Article. BACKGROUND: On July 19, 2022, the Denton City Council adopted the City of Denton's Comprehensive Solid Waste Management Strategy (CSWMS) to guide the City's future solid waste/materials management system and to develop infrastructure,programs,and policies necessary to manage the diversion of materials for ultimate disposal. Previous work session presentations on November 22, 2022, December 12, 2022, and March 27, 2023, to the Public Utilities Board (PUB) and the City Council gave support and direction for the development of a Solid Waste Ordinance (Chapter 24) update and amendment, to include the creation of a commercial diversion article. As part of the CSWMS, commercial diversion was identified as a significant opportunity to make progress toward our goal of 30% diversion by 2030, 40% diversion by 2040, and 75% diversion by 2075. Commercial diversion is the act of diverting any material that can be recycled or otherwise repurposed from the landfill by commercial businesses and multi-family entities. Including a commercial diversion article into Chapter 24 of the City of Denton Code of Ordinances will require all commercial customers of the City of Denton Solid Waste Services to implement a diversion program consisting of either or both programmatic and non-programmatic materials. Programmatic materials are materials that are accepted in the City of Denton's contract with our recycling partner which includes paper, cardboard, steel cans, aluminum cans, and plastic containers 1-7. Non-programmatic materials are all other materials that are able to be diverted from the landfill outside of the City of Denton's contract. Some examples of non-programmatic materials are used motor oil,textiles, large plastic items,plastic film, shredded paper, scrap metal, etc. DISCUSSION: The current commercial diversion rate is 3%, equating to commercial customers only recycled 2,448 tons last year. The current participation rate of commercial customers is 17% where only 483 commercial customers currently recycle with the City of Denon. These two metrics showcase a significant opportunity for improvement for commercial sector diversion and recycling. Under the proposed Commercial Division Article, commercial/multi-family customers will be required to submit an annual diversion plan, and along with third-party vendors and in house programs, submit a quarterly online report on weights of diversion. Commercial/multi-family customers can choose to recycle divertible materials through the City's curbside program,manage their divertible programmatic and/or non-programmatic materials through an independent third-party, or implement an in-house program. Additional Solid Waste Ordinance Updates In support of establishing a program that has enforceable provisions, the Solid Waste Ordinance will need to be updated and amended to better define and outline tools to promote the enforcement of Denton's sole provider of Solid Waste services, to provide more customized services to June 16,2023 Report No. 2023-044 commercial/multi-family customers, compliance with Denton Development Code for container enclosures, rented container management, and management of contaminated material. The following updates have been included in the amended City of Denton Code of Ordinances Chapter 24. (Solid Waste Ordinance) • Updated and additional definitions (Section 24-2); • Inclusion of the Service Assistance (Porch Collection) Program and Valet Services (Section 24-43, 24-71); • Updated Third Party Permitting (Section 24-100 through 24-108, and 24-200 through 24- 207) and Yard Waste articles (Section 24-2, 24-10, 24-43, 24-44); • Updates that allow for enforcement of illegal containers (24-4, 24-7,24-69, 24-108), overflowing materials (24-68, 24-92), and contamination (24-2, 24-68, 24-92, 24-202, and; • The addition of the commercial diversion article (Chapter 24 Article IV). Public Enizaizement Public Engagement included two mailings to all commercial/multi-family customers with information about the commercial diversion article with a public meeting and an option for online public comment. The first letter was mailed in February to inform customers of the public meeting and the initial commercial diversion article details. The second letter was mailed on May 26,2023, to remind commercial customers of the commercial diversion article and new dates for Council discussion and approval. A public meeting was held on February 16,2023, attended by 12 business owners. Feedback from the meeting entailed concerns with legal non-conforming/grandfathered properties and/or unique layouts with limited space for multiple containers. Attendees were assured that Solid Waste would handle unique situations and layouts individually and help create a plan/solution that fit their business. Attendees at the public meeting and in the public comments wanted clarification on which materials would be acceptable in a diversion plan.Any material whether it be programmatic or non-programmatic is acceptable in any diversion plan. Online public comment was made available starting February 3, 2023, and will be available through July 17, 2023, on the Solid Waste webpage. A Discuss Denton page, www.discussdenton.com/cda,will be active from May 26,2023,through July 17,2023,to provide additional feedback opportunity. Initial redline and clean versions of the proposed revisions to the Solid Waste Ordinance (Chapter 24) were posted online on the Solid Waste webpage from February 28, 2023 through April 23, 2023. A second version was posted from April 24 through June 27 with minor grammatical and language updates. Implementation Implementation of the Commercial Diversion Article will have 5 phases in which the City's 2,803 commercial trash customers will be divided into groups for implementation across a 5-month period. Each group will be sent a letter informing them of the new ordinance and requirements along with a 6-month time frame to submit and implement a diversion plan. Commercial/multi- family customers who are already City of Denton recycling customers will receive a letter stating the new ordinance and informing the customer there is no action needed from them unless they choose to change contractors or increase their diversion opportunities. Customers will receive a June 16,2023 Report No. 2023-044 confirmation letter that their diversion plan has been received and reminded of the ordinance and timeline. Solid Waste team will be reaching out directly to any customers who do not submit a diversion plan by their phase/group timeline for additional outreach, education, and assistance. ATTACHMENTS: 1. Redlined Chapter 24 2. Clean Version of Chapter 24 (rewrite) 3. Council Work Session 22-1677 presentation 4. PUB Work Session 23-038 presentation STAFF CONTACT: Tammy Clausing Assistant Director of Solid Waste & Recycling tammy.clausing@cityofdenton.com (940) 349-8056 REQUESTOR: Staff Initiated STAFF TIME TO COMPLETE REPORT: 6 hours PARTICIPATING DEPARTMENTS: Solid Waste & Recycling Subpart A-CODE OF ORDINANCES Chapter 24 SOLID WASTE Chapter 24 SOLID WASTE' ARTICLE 1. IN GENERAL Sec. 24-1. Purpose. Sec. 24-2. Definitions. The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Appliance a device or pieces of equipment designed to perform a task,typically a domestic one such as an oven, refrigerator,etc. Brush shrubs,tree limbs, and branches. Bulky items any non-putrescible household item that will not fit inside a solid waste container when the lid on the solid waste container is closed. Only items consistent with residential use,such as household furniture and appliances.shall be considered bulky items.This term includes material that is part of routine household maintenance but does not include construction, demolition, or remodeling materials or debris(see Construction and demolition debris definition). means any household item that will not fit inside a solid waste container when the lid On the s0lid wast-- contamneF is closed. Only items consistent with residential use,such as household fUFnitUFe and appliances shall be bulky items. The City the City of Denton. Commercial meaRs any structure or building other than residential, including business structures, hotels, motels, rooming-houses or boardinghouses and structures containing five 5 €eur(4)or more dwelling units. 'Editor's note(s)-Ord. No. 2005-256, § 1,adopted September 20, 2005, amended chapter 24 in its entirety to read as herein set out. Former chapter 24, §§24-1-24-13, 24-41, 24-42, 24-66-24-71, 24-72-24-74, pertained to similar provisions,and derived from §§ 12-1, 12-2, 12-4-12-6, 12-8, 12-9(b), (c), 12-10, 12-12, 12-14(a)- (d), 12-15, 12-16(b), (c), 12-17(c), 12-17(e), (f), 12-18-(a), (b), 12-19-12-23 of the 1966 Code;Ord. No. 89- 032, § I,2-21-89;Ord. No.90-003, § I, 1-2-90; Ord. No 91-066, § I, III,V-VIII,4-30-91; Ord. No 98-299, § I- IV,9-15-98; Ord. No 00-042, § 1,2,2-1-00;Ord. No 00-045, §§ 1, 3, 2-1-99. Cross reference(s)-Disposal of manure, §6-15; housing generally,Ch. 15;junk dealers and dealers in secondhand merchandise, § 16-26 et seq.; automotive wrecking and salvage yards, § 16-126 et seq.;grass and weeds creating nuisances, §20-71 et seq.; littering generally, §21-5; construction and building debris on streets, § 25-8; refuse and garbage handling in mobile home or recreational vehicle parks, §32-90; insect and rodent control in mobile home and recreational vehicle parks, §32-91. Denton,Texas,Code of Ordinances Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 1 of 27 ...... Rneans a persen whA- A—r firm that engages in and se—lie-its the trimming,and/or Construction and Demolition Debris or C&D waste resulting from construction or demolition projects, regardless of the point of origin.This term includes all materials that are directly or indirectly by-products of construction work, including remodeling,or that result from the demolition of any structures and may include, but are not limited to, paper,cartons,gypsum board,wood,excelsior, rubber, and plastics. Container anV receptacle designed for the specific purpose to hold solid waste or recyclable materials,which can be lifted or emptied manually or by use of a special vehicle. Contamination non-program materials in any container set for recycling or diversion from ultimate disposal. Decals an adhesive permit issued by the CitV and to be affixed to a vehicle for use in special waste and recyclable materials collection and transportation services. Director The City of Denton's Solid Waste Director who is the City official responsible for managing the permitting and regulation of all waste and recycling services provided within the CitV.This definition includes the director's authorized designee(s). Excess accumulations any accumulation of MSW or recvclables or divertible material outside of the container.This does not include residential yard waste, bulky items,or other waste specifically identified for unique placement outside a traditional residential garbage or recycling container. Hazardous waste as defined in the federal Solid Waste Disposal Act 42 U.S.C.6901. means any commercial or residential garbage,tFash, rubbish OF other solid waste identified or listed as a- hazardous waste by the administrator of the U.S. Environmental Protection Agency(EPA) pursuant to the federal Solid Waste Disposal Act 42 U.S.C.6901 et seq.,as amended, transmkting disease to persons exposed to the waste, including hurnan and animal tissue, bandages and E)theF mater*a! used mn health care wNch become contam*nated by pathogenic mateFials. Municipal Solid Waste(MSW)solid waste resulting from or incidental to residential, municipal, commercial, institutional, and recreational activities, including garbage, rubbish,ashes,street cleanings,construction and demolition materials, not separated at the point of collection for delivery to another location for processing for reuse,and all other solid waste other than special wastes and recyclable materials. <<^'.- ^-+^ Fesuit;^^fr..m^r , 9theF thaR special wastes. Owner any person or entity shown as the property owner on the latest propertV tax assessment rolls or any person having any legal or equitable interest in the property, including any agent who is responsible for managing, leasing,or operating the propertV including any tenant or occupant. Pay bap a bag sold by the City or its designee to customers for additional material to be collected outside of their normal carted collection.A pre-paid additional waste solution. Private containers are containers used, or intended for use, in disposal or collection of MSW or recyclable materials and that are not issued by the CitV or permitted consistent with Section 24-72.—Annual permit required for special waste and recvclables haulers and include, but are not limited to, roll-off containers and self-contained compactors. Putrescible waste waste that is capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors,gases,or other offensive conditions,and include materials such as food wastes,offal,and dead animals. Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 2 of 27 Program materials recyclable materials as defined in this Chapter. Recyclable materials materials defined by the contract between the City of Denton and any contracted recycling processor that are not special waste and have been separated from other waste at the point of collection for delivery to another location for processing and reuse.These materials include paper,cardboard, plastics containers displaying a resin identification number(RIN)of 1 through 7, steel and aluminum cans,and glass bottles. Residential Fneanssa structure, house or building occupied as a dwelling only,and which contains no more than four 4 thFee(3) dwelling units. Residential garbage consists of all normal household waste that fits in the garbage containers issued to said customer. consists of all ne—rrnal he----,.;P.h.Ald waste, except plant clippings, leaves,tree trimmings, ashes, metal scraps ether than cans, large accumulations of boxes, demelitien and remodeling debris and other material that cannet be hrel(en ,-I.,wn to fit in regular garbage Mainers Solid waste consistent with 30 TAC 330.3,garbage, rubbish, refuse, sludge from a wastewater treatment plant,water supply treatment plant,or air pollution control facility,and other discarded material, including solid, liquid,semi-solid,or contained gaseous material resulting from industrial, municipal, commercial, mining,and agricultural operations and from community and institutional activities. Special waste as defined in 30 TAC 330.3. rneans any commercial or residential garbage,trash, rubbish, hazardous waste, infectious waste, or other solid waste that because of its quantity,concentration, physical or chemical characteFiAiCS or biological properties s not collectable by the city's solid waste department. Utility Rate Ordinance the ordinance adopted annually by the City Council that establishes the utility rate schedule. Unsafe materials Any material or matter deemed by the Texas Commission of Environmental Quality(TCEQ), the Environmental Protection Agency(EPA),the State Department of Health,or any other federal,state,or local governmental agency to be unsuitable or detrimental to the environment or human health when disposed of in the type of sanitary landfill operated by the City. Unauthorized container a container used or intended for use in the disposal or collection of MSW or recyclable materials that is not issued by the City of Denton Solid Waste Department or one that has not been permitted for use within the City limits. Of gaFbage,tFaSh,and E)theF FAURiGipal SE)I*d waste PeFmitted- und-eff this ehapteF,and yaFd waste that exe-eeds a pile thFee(3)feet iR height,thFee(3)feet in vVid-th @nd- to-a maxi.mHUM of fA----r foot leRgths,and heavy, bulky r..i-.,1118 I!at*OR of refuse r-A-,;*d-e of the . ntainpr Valet Service special,specific,collection service provided to areas with limited space for standard dumpster collection service as identified by the Director. Vehicle any wheeled device designed mainly for the conveyance or transportation of persons or property. This definition includes cars,trucks,tractors,and trailers. Vehicle service fee the fee associated with permitting each vehicle for use in the collection and transportation of special waste or recyclable materials. Vehicle service permit the permit required by the City for vehicles for use in special waste and recyclable materials collection and transportation services. Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 3 of 27 Waste manifest a document wherein the service provider must record collection points and the location of disposal of special waste, recyclable materials,and other waste as required by state and federal law and as defined by the City from time to time, such as a bill of lading. Yard waste vegetative or organic material produced from the care and maintenance of landscaped areas, gardens,and lawns.This includes weeds, leaves,grass clippings,dead flowers and plants, brush, pruned branches and stems, roots,or wood shavings that can be bagged in brown paper(kraft) bags or in a City designated yard waste container. (Ord. No. 2005-256,§ 1,9-20-05) Cross reference(s)—Definitions and rules of construction generally, § 1-2. Sec. 24-3. The City to-is the exclusive provider for municipal solid waste services. The ECity's solid waste department shall be the exclusive provider of municipal solid waste collection and disposal services for all premises within the cCity. and 'it shall be unlavifi--"^r Aany other person or entity is prohibited from#e-providinge municipal solid waste collection or disposal services to any person or entity for compensation or other benefit within the city,or to make use of the public streets for that purpose,except as expressly provided for in this chapter. No prior notice of violation shall be required for violation of this section. (Ord. No. 2005-256,§ 1,9-20-05) Sec. 24.4. —Administration and enforcement. (a) All officials duly authorized, including but not limited to peace officers of the State, and those authorized by statute to issue citations, notice of violations,or summons for Class C criminal misdemeanors, may assist the City in enforcement of this chapter. (b) Additionally,the Director,at his discretion, may designate trained personnel to issue notices of violation and to make accompanying affidavits to support prosecution as part of the City's ongoing efforts to regulate and manage wastes for the benefit of the public health,safety and welfare, in coordination with the office of the City Attorney,the municipal courts,the police department,the Texas Commission on Environmental Quality and any agencies with jurisdictional interest in solid waste regulation and management. (c) A violation of this chapter is a Class C misdemeanor. (d) Notification of violation (NOV).When the Director finds that an owner or service provider has violated, or continues to violate, any provision of this chapter,the Director may issue a written notice of violation. 1. The NOV may establish a specified number of days to respond or comply with the violations stated in the NOV. 2. Issuance of a NOV is not required prior to any legal enforcement action taken against a property, owner,or service provider. 3. Nothing in this section shall limit the authority of the Director to take action to abate a violation that poses an immediate threat to public health and safety, without first issuing a notice of violation. 4. A NOV issued under this article shall be in writing and served in person or sent out through regular mail to the address on the owner or service provider. Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 4 of 27 (e) Administrative Orders.When the Director finds that an owner or service provider has violated,or continues to violate, any provision of this chapter the Director may issue an Administrative Order to an owner or service provider requiring compliance within a specified time. 1. If the owner or service provider does not comply within the time provided in the Order, solid waste and recycling services may be terminated. 2. Compliance orders may include requirements imposed by other ordinances, and state or federal law,to address noncompliance, including compliance with elements of the Denton Development Code as it applies to Solid Waste. 3. A compliance order does not extend the deadline for compliance established in a NOV, nor does a compliance order relieve the owner or service provider of liability for any violation, including any continuing violation. 4. Issuance of a compliance order shall not be a bar against,or a prerequisite for,taking any other action against the owner or service provider. 5. Any Order issued under this article shall be in writing and served in person or by registered or certified mail on the owner, service provider, record user or users of the solid waste service,or other persons determined to be responsible for such violation. (f) Upon issuance of an Administrative Order to any person,the owner or service provider must: 1. Immediately comply with all requirements; and 2. Take such appropriate remedial or preventive action, including halting operations, as may be needed to properly address a violation or to prevent future violations (g) Appeals.Any person may appeal an order of the Director by filing a written notice of appeal with the City Manager or designee on forms provided by the solid waste administration office.Such notice of appeal shall be filed within fifteen (15)days of service of the order. The remedies provided for in this article are not exclusive.The Director may take any,all,or any combination of the actions described in this ordinance,or as provided for in other law, against a noncompliant owner or service provider. Can 24-4 ChaF wee, fan use of Gity landfill ...... (ept en file with the city seGFetary and te be available feF pUbliG inspeetien dUF*Ag regular busenprr hp--rr (Ord. Pie. 2005 256T1,° Sec. 24.5. —Landfill Use Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 5 of 27 The amounts to be paid for the use of the City's landfill site shall be the amounts established in the Utility Rate Ordinance or a City Council approved contract. All persons using the landfill will abide by the posted landfill rules,follow any directions given by landfill staff, and conduct themselves in a safe and professional manner. (1) Rules shall be posted at the landfill as follows: "City of Denton Landfill Facility Rules All vehicles that enter the City of Denton landfill must obey the following rules and procedures. These rules are in place to provide a safe and efficient environment for our employees and our customers. 1. All individuals enter the landfill at their own risk. 2. Scavenging material is strictly prohibited. 3. No Smoking on Landfill property. 4. Customers must present a valid,government-issued ID at the weigh station. 5. The minimum charge applies to each individual load of chargeable waste material crossing the scales. 6. All loads entering landfill property, consistent with State and local laws, must be secured with a tarpaulin (tarp), net, or other means to properly secure the load and prevent litter. Unsecured or improperly secured loads will be subject to a surcharge. 7. All coverings shall remain in place and secure, including turnbuckles on commercial vehicles, until the vehicle has arrived at the unloading area. (coverings may be requested to be removed at another area for inspection). 8. Posted speed limits must be followed at all times.The Maximum Landfill Speed Limit is 15 MPH. 9. The unloading of unauthorized wastes is prohibited. Incoming loads may be inspected on a random basis. Landfill staff will determine if prohibited items or materials are present. Landfill personnel shall have the authority to reiect unauthorized loads and have unauthorized material removed by the transporter or assess appropriate surcharges. 10 Vehicles entering the landfill weighing over 14,000 lbs. must have tow hooks, cables, or an accessible fixed point available to pull the vehicle if needed. 11. All pets must remain inside the vehicle at all times. 12. Children under the age of 16 must remain inside the vehicle at all times. 13. Yield the right-of-way to all landfill equipment. 14. Users of the landfill are required to follow all directions given by landfill staff. 14. Customers must always stay within ten (10)feet of their vehicle while in the unloading zone. 15. Drivers must unload at the location identified by working face personnel and follow the posted separation distances between trucks when backing into their spot. 16. There will be no horseplay,fighting,or verbal attacks or abuse allowed at the City of Denton Landfill. Report any issues to the site management." The Director reserves the right to refuse service or revoke landfill use privileges for any person that endangers other customers or employees, engages in physical or verbal abuse, or knowingly disposes of materials in the incorrect disposal area. Sec. 24-6-5. Disposal of garbage,trash or rubbish only in authorized locations. (a) it`hall be unlawful fer aRy peFSOR*^ diSpOse of^Garbage,trash or rubbish 4,,-�must placed in they, other than as p feyo,�^4 F this chapter or as otherwise expressly authorized by the c-City. No peFSOR shall place any solid waste, bulky items OF any atheF mateFial in, 9R er next to the sE)I'd waste centawne - another, unless autherized to da so by the peFSen or persons who pay the charge for the SE)'wd w ,ii tw Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 6 of 27 (b) No person shall place Aany solid waste, bulky items,or any other material in,on,or next to the solid waste container of another, unless authorized to do so by the person or persons who pay the charge for the solid waste collection service.gpfrbbaagg-e--�r other solid or liquid Friatter, residential, industrial or commercial,that possesses characteristics deemed by the Texas Commission of Envirenrnental Quality(TCEQ), or the Envaronmental Protection Agency,or the State Department of Health, OF any other federal,state or loca4 disposed ef in the type of sanitary landfill operated by the eity is hereby picp-hwbetp-d—sueh Material or rna shall be disposed A-f On the Frianner preseFibed by the ageney having jUFiSGliG-#*A-.R and- at the expense ef th-e party or parties generating sLlc-.h material or matter. In no ease shall Material or matter be plaeed eellectien by the eity nor shall it-hp d.plffi�vprpd to or disposed of at the eity's sanitary land (Ord. No. 2005-256, § 1,9-20-05) State law reference(s)—Water quality standards,V.T.C.A.,Water Code§26.124. Sec. 24-67 Containers for municipal solid waste and recyclable materials. LaL4 —Every owner, manager,agent, eeewpant,tenant, r lessee f any building house,eF..+.- IGtIci .tiro the GeFp9Fate limits f the eity shall provide and rnaintaffin s ka-bl^shall obtain containers of ^^ Tof sufficient size and number to hold the municipal solid waste and recyclable materials which accumulates on the premises.. commercial accounts may retain non-City recycling oridiversion services Provided they conform to the other provisions of this chapter.The City may require certain levels of service to be provided based upon historical documentation from similar developments or on actual volumes of MSW and recyclables.Any property in the City that has any active residential utility service,or commercial utility service and issued a certificate of occupancy must also have solid waste service,as well. (b) Customers are responsible for maintaining the cleanliness of their issued containers. (c) All commercial containers and enclosures shall comply with the Denton Development Code section 7.12, as amended. All solid waste must be placed solid waste 'in,on or near a solid waste container in a manner that does not allows the lid of the solid waste or recycling container to be and remain completely closed with all the solid wastematerial contained completely within the container. (e) The contents of municipal solid waste receptacles shall be secured in a manner to prevent trash or any other material from escaping the receptacle, including by being blown or spilled due to exposure from weather elements or animals. (f) The contents of the recyclable materials container shall be secured in a manner to prevent recyclables or any other material from escaping the receptacle, including by being blown or spilled due to exposure from weather elements or animals. (g) Recyclable materials shall be placed directly in the recyclable materials container without bagging the materials when a City of Denton container is used. (h) Only program materials shall be placed in the recyclable material container when a City of Denton container is used. Ia}(i) The City may refuse to collect a container set out for collection that the City determines does not comply with this section. Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 7 of 27 it shall be a defense to prosecution under this section if the selid waste placed next to the container as a bulky itern as defaned an section 24 2,and if the bulky itern as placed next to the container less than forty eight(48) hours before the collectmen.The defense does not apply if the person placing the bulky item in,on or near the solid waste seatter trash Ar r-hNsh ever the pFemises er ever the rtrpets eF alleys er etheF pFepeFty within the eity. (C)r d-No. 2995256T1, 9 20 05) Sec 24_7 Weight limitations of centainerc be fifty(50) pounds eF less (Ord. Ne. 2005 256T1, A'!solid waste and recycling storage containeFs, not meeting the requirements of this chapteF shall be removed and disposed of by the city and the city shall not be liable fOF the Femoval and disposal of the same. d N(Or o 20 05) �,�-r.�29(35-2 Sb��.�� Sec. 24- . Prohibited materials and regulations. (a) Unsafe material is prohibited in the City landfill. (b) Unsafe material shall be disposed of in the manner provided for by law or agency regulation. (c) The owner and the party or parties generating unsafe material are responsible, including for the costs,for the collection,transportation,and disposal of the unsafe material. (d) Unsafe material may not be placed for collection by the City. (e) Unsafe material shall not be delivered to or disposed of at the City of Denton's landfill. (f) No person shall deposit into any container serviced by the solid waste and recycling department any special waste.The solid waste and recycling department shall refuse to collect,transport or dispose of special or hazardous waste or any other garbage, rubbish,trash,or other solid waste that does not comply with this chapter. (g) Only program materials shall be deposited in containers at City recycling drop sites. (h) Special waste shall be collected, removed,and disposed of only by an authorized private hauler. (i) Municipal Solid Waste(MSW)containing putrescibles shall be collected,at^ !RIM UM^f, ^^�^ wee y-yeast once per week. (I) Any person collecting,transporting,or disposing of special or hazardous waste must obtain a permit issued pursuant to Article V of this chapter prior to such collection,transport,or disposal. The directoF of so-lid- mi-aste shall I(eep a list of speeffial waste that Or-, not aceeptable fE)F eAllectie-R and- disposal by the selid waste depaFtment.The diree-AR-F A-f-se4d waste may also Make Fea-so-nable FWIeS Fegarding the eellectien Created: 2023-02-17 10:53:48 [EST] (Supp. No.33) Page 8 of 27 garbage,and dispesal by the selid waste depaFtment ef any municipal selid waste,er ether relid� special preparation or handling te Fneet the requirements ef any state or federal law er regulation or which are otherwase necessary tO safely and properly collect,tran5pert,and provide fOF diSP05al.The last of speci* waste and the rules shall be written and kept on file by the directer of selid waste and be available for ptdak in5pectien during regular business houF5. (b) Pie persen shall depesit in any eentaineF seFV*eed by the selid waste depaFtment any special waste The selid gaFbage, F611919iSh,tFash, er ethe.r Selid that d-e-e-S met eemply with thus ehapteF 9F the Fegulatiens made (c) Each preperty owner shall be respen5able for arFanging collections vioth an ;;-itherized private ha-der fAr thp collectien, removal, and diSPE)5al of any special waste er ether trash, rubbish,hich the city'solid. rite department wall not collect., (0rd. No. 2005i56,12 05) Sec. 24-949. Municipal solid waste to be drained. All municipal solid waste mixed with water or other liquids shall be drained before being placed in the receptacle. {a4(b) The resultant liquids shall be disposed of in an acceptable manner. (Q ^'�0-2005 256T1, 9 Sec. 24-10-1. Preparation of yard waste,tree limbs and cuttings. (a) 4o —Tree limbs,shrubs and hedge cuttings shall_ not exceed four(4)feet in length fZL^ �Be stacked neatly (3) Be placed so thatwit#one(1) cut end faces toward the street at the curb line.. (4) 'fir shFubs, and hedge eutting- rhalll cellse be placed in a manner that will not block or otherwise impede the sidewalk. (b) -No eFsin�le piece shall weigh more than fifty(50) pounds. (c) Yard waste consisting of small pieces,small cuttings and small loose material she placed for collection shall be placed in approved kraft bags or City-issued container(s)- (d) The City may refuse to collect brush or yard waste not placed for collection as provided in this section. (ay(e)Charges for the collection of brush and yard waste shall be provided in the published Utility Rate Ordinance. (b) The diFeeter ef selid waste shall pFevide f9F FegulaF eelleetiens ef YaFd waste whieh has been PFepar Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 9 of 27 comm remal tree trimmer shall be dasposed of at the expense of the owner or person controlling the same er upon payment of the actual C05t Of SUGh removal plus an administrative and everhead charge. (Ord. No. 9_20_05) 1m ��Q�-z 2���� Sec. 24-11-2. Heavy or rexcess accumulations. Bulk or large quantities of MSW or construction and demolition debris in excess of four(4)cubic yards will not be collected via weekly curbside collection. Individuals needing collection of MSW or construction and demolition debris may contract with the City of Denton to provide a temporary container to dispose of the materials in an alternate manner, haul the material to the landfill themselves, or if the material is recyclable or divertable, contract with a third party vendor to haul the material to a recycle or re-use center.- , .destF etienshall be dir,p..r,ed of at the expense of the.. drying machines,wateF heaters,sofas,chairs,tables, mattresses and bex springs,shall be dispesed of a expense of the E)wneF OF persen contffflling same OF, upon request and payment of a fee tO FeceveF the of providing these additional services, including adminiStFative and E)veFhead costs. �rd.-No. 20OS-2 Sb,§ 1�05) � Ses. ten_,z_TM.,f+ ..f S.PFMiee .,MiMk.,d. wasteNo person shail knowingly place any solid waste, bulky items, er any other material in,en,or next to the Rt-,oReF of otheF p nt4y in the rot.,of D nt n Texas-. (Q d. .No. 2005 256, § 1,9 20 05) Secs. 244412-24-40. Reserved. ARTICLE 11. RESIDENTIAL COLLECTION SERVICE Sec. 24-41. Residential solid waste services required. (a) Any E)wneF, 066UPaRt,tPmant OF Of aRY FesideRtial pFemises*R the city shall have their Municipal s0lid (p) The=haFs==fer sa=h serviEe shall be �nd ailed en a regularly sehedaled bill. (Qr�'�e. 2005 256T1,9 20 05) Any owner of any residential premises in the City is required to sign up for and maintain bundled solid waste and recycling service from the City of Denton and must have their municipal solid waste regularly removed by the City. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 10 of 27 If any utility service is active at a premises,then solid waste service must also be active regardless of occupancy status. Sec. 24-42. Charges for residential service. (a) As used iR this sectien,thp tprm farndy unit" shall mean each side ef a d,iplex, each livin unit per establ4shed and as from tirne to time amended by ordinance as adopted by the Gity Council;the Ordinance and amendments thereto to be I(ept en file with the city secretary and to be available fer public inspecti during regular business hours. (e) Multiple dwelling units having either water or electricity billed through a single Fneter will be billed a single I...'aste c_-.haFge aleng with the single water Ar eleetrie.charge, FegaFdless ef the or=661paney ef .kiple dwelling if as a 6 se-Irvice.Any multiple dwelling unit vdhieh requiFes MeFe th-an the Minim-Um service described in this chapteF is subject to having the chaFges increased by the diFecter of selid waste based upon the additional required seNice. (e) Mobility or visually impaiFed custome. a y ,eceive specia collection services.Containers may be placed in shall FequiFe appFeval by the direeter of selid_ �.AV@Ste A-F designee.The Fn9Rthly Fate feF these speeial (f) All Fesidentialdwelling units shall their via-tefie-F Eellestien. The charge for collecting municipal solid waste from each residential dwelling unit shall be provided in the Utility Rate Ordinance,as amended. Sec. 24-43. Residential collection service. (a) ( All single family residents within the city shall .,I-..-^their residential Fefuse-and Feeyela containers must be placed at the curbside at a time and in a manner specified by the Director.-„specified by the general manager of solid wastesewices r designee L�L�" Residential refuse garbage,arid-recyclables materials, pay bags, bulk items, brush,or yard waste shall may not be placed at the curb ne earlier than 6:00 p.m. on the day prior to the scheduled collection day. Containers must be placed ate eufbfor collection prior tom 7:00 a.m.on thre-scheduled day e#collection day. (c) Custerners whose refuse or recyclables were not collected because:they weFe not placed at the proper locatien,they contained unacceptable materials,OF they were not placed out for collection by the Fequired time,shall not be collected until the next regularly scheduled collection Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 11 of 27 (d) Containers shall be placed in the street with the wheels resting against the curb,or edge of the street, with the lid opening towards the street and the lid hinge facing away from the street. (f) Containers shall be placed a minimum of four(4)feet away from any mailbox,vehicle,container,or another obstacle. (g) Bulk items, kraft bags, pay bags, brush,or yard waste must also be placed at least four(4)feet away from any mailbox,vehicle, container,or another obstacle. (h) Only garbage,yard waste,or recyclable materials container(s)authorized by the City will be serviced by the City. No other containers, boxes,or bags placed at the collection site will be collected except as defined by the City. (i) All garbage,yard waste,and recyclable materials containers shall securely contain,with lids closed,all contents and must be capable of being collected without spillage. Residential garbage and recyclable materials determined by the City to not be properly contained shall not be collected. (D Customers whose garbage or recyclables were not collected due to failure to comply with this chapter shall not be collected until the next regularly scheduled collection service. (k) Solid waste and recycling storage containers and any unaccepted waste or recycla bi es,Garbage,yard waste,or recyclable materials storage containers and residential garbage,yard waste, recyclables,or any other unaccepted materials not collected shall be removed from the curb or etheF designated collection point by the customer no later than 8:00 a.m.on the day following the scheduled collection day. 04LLUpon removal from the curb, unaccepted materials,garbage, recycle,and yard waste containers shall be stored in as inconspicuous a location as possible,such as: (1) In a garage; (2) In an outdoor storage building; (3) On the side of a structure on the property;or (4) At the back of a structure on the property. At no point shall a sel garbage, recycling,or yard waste storage container or unaccepted waste or recyclables be stored in public view or remain in public view in the front yard,on the front porch,or in front of the main structure on the property,e)(Eeptasunless otherwise approved by the Director. follows: (m) Customers may submit an application for special collection services,Service Assistance Program,to have their container(s)serviced at the point of container storage if the customer is unable to place the container at the collection point as required by this section. (n) The monthly rate for special"^"^"fie 5efv -e the Service Assistance Program is the same rate charged to residential customers with similar-sized containers. (o) An application for speema'^^"^^ten s^.rvieesthe Service Assistance Program must be signed by a healthcare provider. (p) Households that receive speemal seFv*eethe Service Assistance Program cannot contain a member that is Physically able to place the containers at the collection point. (q) Applications for Re6al-�the Service Assistance Program shall be subject to renewal every two(2) years from the date of special service initiation. (r) The Director may make reasonable exceptions to the foregoing location requirements,as needed, upon request of the customer,to accommodate unique circumstances. () A townhorne with five(5)OF mere units per building. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 12 of 27 (e) All solid waste and Feeyeling steFage eentaffine—rs Shall seGWFely eentain all eentents,and shall be capable ef being handled without spillage. Refuse and recyclables determined by the city to not be preperly contained (f) The general manageF Of 50lid waste services or designee may make reasonable e)(Eeptions to the foregoing 1E)Eatien requirements, as needed, upon request ef the custemer,to aCEOrnmedate unique circumstances. d. No. 2005 256,1 0 20 05.Ord Ne. 2007 193 § 14 a 14 m.Ord No. 2009 08 § 2 4_7_091 (a) Carts shall be placed at er near the curb line,a Fninarn-Urn ef fn----r(4)feet frem any mailbe)E,vehicle, obstacle, A—r A-thp—r r--A-.nta.ner.The cart shall be placed in the Street viith its wheels against the curb.The directer of se-lid- waste er designee may make reasonable exceptieRS tO the feregeing location requirements,as needed, upon request of the customer,to meet unique CiFCUmstances. (Q d. Ne. 2005 256T1,9 2005) Sec. 24-44.—Weight limitations of residential containers. The contents of any residential garbage,yard waste,or recycle container shall not exceed 2S0 pounds. Secs. 24-45-24-65. Reserved. ARTICLE It/. COMMERCIAL COLLECTION SERVICE Sec. 24-66. Commercial solid waste services required. (a) Every owner, occupant,+ RaRt GIF I -sr f aRy business, any commercial, iRdUStFial, property,OF other propeft••not eligible to receive residential solid waste collection services shall aFFaRge, by,.,...+.-.,,.t with the +., f,,..-,,,..m ,- ;,Iset up service for solid waste and recycling collection ^d disposal s s from the CeityL3 solid waste dep -tmeRt, except as otherwise speeifi A-expressly provided for in this chapter. (b) Solid waste must be scheduled for collection a minimum of once weekly. (c) Recyclables must be scheduled for collection a minimum of once every two weeks provided container volume is appropriate to support this level of service (�(d) Other commercial waste collection and disposal services not provided for in this chapter shall be Provided only upon approval of the services by the Director. (QFd. No. 2005-256,1,9 20 05) Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 13 of 27 Sec. 24-67. Charges for commercial, *RGIUSUial, ^r OR-slit tee service. (a) The charge for , AW Mstwt,AmAM-al purpeses shall be based YpOR the size,type and Rurnbe.r ef ce­ntaine.rs in use at such estabhShmeRts and the frequency with which ;,-ch rAntROnprr ;;rp ;chpdi-lpd tA hp spn4ped bycity collection peFse ^^' Sweh ^",F^^commercial service shall be in an amount established ,^d' frem time to time amended by epd-ir-,^^^^ —adepted by the Utility Rate Ordinance.eity ^''•the erdlinanee and amendments thp­rp-tA-tA- be kept an file with the effity seGFetaFy and te be available f9F public;inspeetien AiFing FegulaF h p.errh. (b) The service charge for other commercial waste disposal and collection and disposal services shallaet be in the amounts established in the Utility Rate Ordinance. otherwise previded fer^ ^t to t"1<<^1-*i^^ may be provided upon approval of the directer of solid waste at a cost not to exceed the actual cest plus adMiRistrative and overhead CE)St5. (a) The director of selid waste may locate and place CORtainers for use by COmmercial, iRdUstFial, a iRstitutional facilities in aCCE)FdaRce with the waste storage needs of the individual facility.All facilities for- shall net plaee waste in aRy GE)RtaineFs exeept these deSigRated by the direeter ef Selid-;.vaste. R Shall -he (b) WheFe Mere than ene (1) eemmeFG-ial P-Stablishme-At uses;the Same eentaiRer,the ehaFges shall be pFeFated according to use, but iR no case shall be less than an amount established by the city council and on file iR the office of the city secretary. (Q d. No.2005-256,1,9 20 05) Sec. 24-68.—General solid waste and recycling service responsibilities. (a) All persons utilizing City containers at commercial facilities shall provide,at their expense, an enclosure of adequate size and materials as specified in the Denton Development Code section 7.12, as amended. (b) Any other items stored within solid waste or recycling enclosures must not obstruct, impair or otherwise interfere with the City's ability to service City-provided containers therein. (c) If a container is unable to be serviced due to being contaminated,overfilled, blocked, or otherwise obstructed,an inaccessible fee may be assessed consistent with the published Utility Rate Ordinance. (d) The customer is required to remove any and all contamination,overflowing material,or obstructing items and call to request return service,at a rate established by the Utility ate Ordinance,or wait until their next scheduled service to be emptied. If this is a municipal solid waste container the follow-up collection must occur within one(1)week. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 14 of 27 (a) No person shall collect or remove for cernpensatien from any property within the city any special wa4i.Ar recyclables without first ebtaining a special vd-a-ste permit frern the city. (b) The persen applying fer a special waste hauler's permit shall make application to the city on forms previded for that PUFpose,and pay the required fee.The application shall require the fellowing (1) T# name and business address Athe ate^' Ears spee h...,..Ivczvriccte� (3) A-dess,-� f*"^special aste and rrecycl tiles to b collected. (4) The lecatien�.Adhp.rp the special waste and recyclables will be disposed, including proof,when req-0red by the directer eef seellial vmasstpe,that the applicant is legally autherized to dispose at the specified lecat+en. (6) Any ether imfA_.rn;atie.n v0hrch i-s reasenably neeessaryte administer this sest+e;r (e) The directe-F ef Selid- m.g-m-Ae Shall i-s-sue the special waste and Feeyelables hawleF's permit te the appleeant if: (1) Proper application has been made and the paid (2) The applicant will only be collecting special waste or recyclables as defined in this chapteF. (cr) The speefa,vdaste and-reejFela,bres -laurer s pern,� s "eyeaT (Q d. Ne4 2005i56T1,9 2005) Sec. 24-69.—Containers furnished by the City for commercial use. (a) The Director may locate and place solid waste containers for use by commercial facilities in accordance with the waste storage needs of the individual facility.All facilities for which containers are so provided by the City shall place all garbage and waste materials in such container(s) and shall not place waste in any containers except those designated by the Director. It shall be unlawful for any person using such containers to leave the lid open after placing refuse material therein. (b) Where more than one(1)commercial establishment uses the same container,the charges shall be prorated according to use, but in no case shall the total be less than an amount established by the City Council and on file in the office of the City Secretary. (c) Only City issued containers will be serviced unless otherwise provided for in this chapter. Sec 24-70. —Compactor service. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 15 of 27 (a) Customers may provide their own compactor provided it meets the criteria set forth in the Denton Development Code and is compatible with the City's collection vehicles. (b) Customers requesting any new compactor service shall first request a site visit from the City of Denton Solid Waste and Recycling Department to verify serviceability and adherence to the design criteria set forth in the Denton Development Code section 7.12,as amended. (c) Any compactor used for municipal solid waste must be scheduled for collection at a minimum of once per week. (d) If a compactor is unable to be serviced due to being overfilled, blocked or any other obstruction,an inaccessible fee may be assessed consistent with the Utility Rate Ordinance.The customer is required to remove the excess waste or other obstructions prior to requesting return service. (e) The rate for such service in the Utility Rate Ordinance shall apply. (f) The customer may wait until the next scheduled service for collection,except the collection of a container having any municipal solid waste must occur within one(1)week of the previous collection. (g) The customer is responsible for all maintenance and repair of customer-owned compactors. Required repairs must be made in a timely manner. If the Director determines that either a compactor or its power unit are not functioning in a safe manner,the customer may be required to retain an alternate container, at the customer's expense,to handle waste material until the compactor is repaired. Sec. 24-71.—Valet service. (a) Valet service shall be provided to areas of the City as identified by the Director. Customers in designated areas may not opt out of valet service. (b) Valet service level tiers will be set by the Director. (c) The rate for valet service in the Utility Rate Ordinance shall apply. (d) Large or bulky items must be called in for collection. (e) Contaminated containers will not be collected.The contaminating items shall be removed by the owner for the container to be serviced. Sec. 24-72. —Annual permit required for special waste and recyclables haulers. No person shall collect or remove for compensation any special waste or recyclables from any property within the City without first obtaining a special waste hauler or recyclable materials hauler's permit from the City in accordance with Articles V and VI of the chapter. Secs. 24-730-24-89. Reserved. dpc. 94-90S ReGyGlable materials (a) Nothing On this chapter shall pFahibit a peFSOR 40FR eelleeting,gathering, er tranSpOking reeyelable rnateFials- ollected f.-.,.. property within the city, Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 16 of 27 . (c) As used an this section, "Fecyclable materials" Fneans glass,tin,al i I . . I newspaper e Athpir discarded matermals,whach are not special waste and have been separated fFeFn OtheF MuniCipal sOhd waste at the point of collection f.F delivery to another I.catien fee processing fee reuse. /n..J. N-.e § 9_20_05) Tm ��00�-z 2���.� !Wc 7n_01 Disposing of re Gyrzia ale rnntpronk it shall be unlawful for a person to place any non recyclable solid wa5te an any recycling receptacle or tG leave any nen recyclable solid waste en a recycling sate in the City of Denton,Texas. (Ord. Ne. 2005 2566,§ 1,9 20 05) S ees. 24-92—t4-99. Rp;p;TR,. ARTrrcLE 19 120--9CdJf/lAly N OF 012CcTvlridd /GONT4I T—FR-9 IN CDV CTDCCT IIICTDIJ^T ee� �n_1nn nefi�i+ier,� The following WOFds,teFMs and phrases,when used in this aFtide,shall have the meanings aSCFibed to them ..this sect*E)n except wheFe the c ..text clea.-I.,indicates a.Jiff., ent meaning: The FFy Street DiStFiGt is geneFally beunded by Weleh StFeet te the east, Street te the NeFth,Ave. -B te-the Glass container-means any glass bottle or Feceptacle, closed op eapable of being closed. (Q;d. No.z2005256,§ Nete(s) *A copy of Exhibit A can be found in the city$'faces S26. :24-1 n1, ornhihi+ier, of apen gl-,« r.+-,ir.er&, (a) Pr-ehibitien6. Ne peFSOR shall pessess within the Fry Street DiStFiGt UPGR eF immediately adjaGent te any right of way,StFeet,sidewalk, pedestFiaR way, 9F paFl(ing aFea,aRy glass eoRtaiReF whieh is epein tw has -hp-p-.n (b) Exemptions. Notwithstanding aRy otheF pmvisien of this section, ROthiRg in this section shall pFohibit the possess on of the fGlIG.dRg glass r ntai.ere in the C.-..Wept Distric - (1) Baby battles eontaining PFEAUGtSfOrconsumption by babies; TzToiass aiaScviicaiiierS containing-p reseriptien EJrbgs; (3) Glass eentaineFS that aFe being tFaASPeFted on a tFash bag diFeetly te a trash eF Fe6yeling eentaineF ( ))Gass lined vacuum picnic centaineFS ertheFME)s bottles;and Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 17 of 27 (o) ru Any container ici as permitted oyri cnao ruEBhellE Beverage Code Ann. 28.197br• (Ord. Pie. 256T1,9 Ses. 24-102 n �,,o+ „� �„��,o officer vises.amen of pe"Ge . Whenever any pokee officer shall, in the exercissee A-f reasonable judgment, dec-A-e that the presence of a" he may, if he H-e-ems it necessary fer the piceseicvatien ef public;peaee and safety, erdeF that peFSen te leavp that (Ord. Ne. 2005256,1,9 20 05) ARTICLE IV- COMMERCIAL DIVERSIONARY PRACTICES Sec. 24-90.—Applicability. This article applies to all commercial properties in the City's zoning jurisdiction. Sec. 24-91. —Services required. (a) The owner of any commercial properties in the City must actively engage in on-site recycling material diversion program.Commercial properties must,at a minimum, provide availability to the residents and employees of these properties the ability to recycle paper, cardboard,glass,aluminum and steel cans,and plastics.The nature of the recycling or diversion practiced must be reported in a "Diversion Plan"as described in this chapter.Commercial recycling and organics services must be provided by a permitted hauler(see Article A of this chapter)or the City of Denton Solid Waste and Recycling Department. (b) This Article will be phased in for all commercial properties between January 1,2024 though June 1, 2024. c) The owner of apr-ern*sesof which all o part is used for office .,.local offmce .,.Jmeal f-.cili+i.,� I., or prmvat.....Jucati. nal f-.cilitmes shall ensure that employees have access to or, desermbed under thms aFtcle,for any portion of the ses that has one or more of uses descrbed n tWs . ) The E)wneF..f a pr-emmses of whmch •.II a ar+i, .,.J fer R smidlentmaI use ineludeng but not Im. .itedd+ these uses F_lp_sr=Fmbed on subsectmen (c)of thms speramen and--;;Ise mnelud*nR hetels and ledgOng,PFeceFY Ste and rAmmprrm site r ,cl0 ng serv&ces desep*be J Under th*s article effect* a I„r,r. 9 7l17A Sec. 24-92. — Reporting requirements. (a) The owner of every commercial property shall submit a Diversion Plan to the City that complies with this Section no later than the close of business of the first business day of October of each year in a form required by the City. (b) No new certificate or occupancy shall be issued without the submission of a Diversion Plan that complies with this Section. Created: 2023-02-17 10:S3:49 [EST] (Supp. No.33) Page 18 of 27 (c) A Diversion Plan must: i. Be in a form prescribed by the Director; ii. List materials to be diverted; iii. State the name and contact information of the individual responsible for the Diversion Plan; iv. State the name and contact information for any diversionary service(s) being utilized; v. State the size and description of the diversionary container(s); vi. State the frequency of the collection of the container(s); vii. Plans to educate tenants or employees regarding the Diversionary Plan and how to participate including the following information: a. Location of diversionary containers; b. Types of materials accepted; c. Information related to the use of proper recycling practices that will be implemented,such as emptying and rinsing plastic bottles, ensuring paper and cardboard products are not wet, and that cardboard boxes are broken down before being placed in the recycling container; d. Onsite contact information to report overflowing recycling containers or contamination; e. Provide information to individual participants such as employees or tenants on how to report waste or recycling problems to the City of Denton; viii. The owner must include additional information or documentation as required by the Director at the time of submission of the Diversion Plan to verify compliance with this Section. Sec. 24-93.— Notice of change. (a) The owner of a commercial property shall notify the Director of any change in the Diversion Plan. (b) The owner of a commercial property shall notify the Director of any change in service provider for the collection of diversionary materials. Sec. 24-94.— Education. (a) The individual named in (c)(3)of Section 24-92 of this Chapter shall provide recycling or diversion information and instructions in accordance with the rules adopted by the Director to: (1) All tenants and employees on site of the premises annually; (2) A new employee or tenant no later than the 30th day after the tenant occupies or the employee begins work at the premises;and (3) All employees or tenants within 30 days after a substantive change in the diversionary service offered at the premises. (b) All information and documentation, including signage, required to be provided to persons or posted as public information under this article shall be written in English and Spanish and include universal symbols as adopted by the Director. (c) Each container designated or used for collection or transport of recyclable or organic materials shall be affixed with a sign that includes: (2) The type of materials accepted written in English and Spanish;and (3) The term "Recycling"or"Compostables"or"Organics",as appropriate. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 19 of 27 Sec. 24-95.—24-99.— Reserved. Article V. —SPECIAL WASTE COLLECTION AND TRANSPORTATION SERVICES PERMIT Sec. 24-100.— Permit required. Any person engaged in the collection and transport of special waste within the City must possess a current and valid permit issued by the City prior to providing collection and transportation services for special waste. Sec. 24-101.— Exemptions. (a) The following are exempt from the permit requirements in Section 24-100. (1) Any person living within the City and hauling personal materials,wastes,or other materials from their primary residence is exempt from the permitting requirements of this section. (2) Any person who transports special waste no more than three(3)times per any year period. (3) Any Liquid Waste Transporter permitted under the City of Denton -Code of Ordinances,Chapter 26, Division 3,as amended. (b) The Director may request documentation (i.e.trip tickets, bills of lading, etc.)to ensure compliance with this section. Sec. 24-102.— Permit application. (a) Any person engaged in the collection and transportation of special waste that is required to obtain a permit per Section 24-100 shall apply for a permit from the City in a manner required by the City and pay the required fee. (b) The application will include: (2) The name and business address of the applicant; (3) The name of the owner of all collection and transportation vehicles that will be used in special waste collection services located within the City; (4) A description of the special waste that will be hauled by the applicant; (5) The location where the special waste will be disposed of, including documentation sufficient to show the applicant is legally authorized to dispose at the specified location(s); (6) A description and the license number of all vehicles to be used in collecting and transporting the special waste within the City; and (7) Any other information which is reasonably necessary to administer this section as determined by the City. (c) By acceptance of the permit,the permittee agrees to comply with all requirements of the service agreement,carry specific types and amounts of insurance,submit reports,and pay necessary fees by the specified due dates. Sec. 24-103.— Permitting fees. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 20 of 27 (a) Application fees shall be paid at the time the application is submitted to the City. (b) Vehicle service fees established in the Utility Rate Ordinance shall be paid no later than the due date on the invoice sent by the City. (c) Vehicle service fees are non-transferable between vehicles. (d) All fees are non-refundable, including in the event no permit is obtained. Sec. 24-104.—Granting, denial, and revocation of a permit. (a) A permit provided for in Section 24-100 shall be granted only where the applicant has completed the following: (1) A service agreement form has been completed in full; (2) The applicant has no unresolved violations of this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency. (b) The City reserves the right to revoke a granted permit at any time for failure to comply with this Chapter or to protect the health and safety of the public. (c) Any person whose permit is denied may: (1) Resubmit a fully completed service agreement; (2) Submit evidence that any violation with this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency has been resolved;or (3) Make an appeal to the Director. Sec. 24-105.—Vehicle service permit compliance requirements. (a) Special waste haulers must maintain a valid permit. (b) Permitted special waste service providers must submit quarterly reports: (1) Reports are to be submitted quarterly on the first business days of October,January,April,and July; (2) Reports should be provided by physical or electronic submission to the Director; (3) Reports shall contain: i. Hauler name,address,date, and quantity of material sent for diversion or disposal ii. Name of facility where material was sent (4) To be timely submitted,the report must be received by the City within twenty(20)calendar days of the end of the quarter. (5) Incomplete reports will not be accepted for filing and will be returned.Such reports will be considered untimely if not completed and returned within the deadline specified in subsection (c) Decals: (1) Decals issued by the City shall be placed in a visible location by the permittee(s) upon each collection and transportation vehicle operating within the City; (2) Decals shall be current pursuant to the schedule in Section 24-107 and valid in accordance with the requirements of this subsection; (3) Decals must be clearly legible. (d) Waste manifests. For permitted haulers requiring waste manifests,the maintenance of these manifests by the permittee is a condition of compliance.All records may be reviewed by the City at the request of the Director for a duration of up to three(3)years. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 21 of 27 Sec. 24-106.— Permitting effective date and renewal. (a) Permits are issued and renewed annually beginning December 1 preceding the next calendar year during which the permit will be effective. (b) The permit's effective period is January 1 through December 31 of the same calendar year. (c) Permit fees are not prorated. (d) All permits, regardless of the date of issuance,will expire on December 31 of the year in which the permit became effective. (e) The application process shall be initiated,and fees shall be paid by November 15 for the upcoming calendar year so that adequate time is available for review and processing of the application. (f) Permittees currently permitted and choosing to reapply for a permit shall renew permits for the upcoming calendar year by submitting a renewal application by November 15. (g) All fees shall be paid with the submission of a renewal application. (h) The timely submission of a complete renewal application and the relevant fees will suffice to authorize the continuance of operations beyond December 31 until such time that the City makes a final determination on the approval of a permit renewal application. Sec. 24-107.— Reissuance of lost and damaged decals. (a) In order to have a duplicate decal issued,the original applicant for a permit must provide all information required in Section 24-102(b). (b) Any applicant for a duplicate decal shall submit sufficient evidence of the damage to the decal. (c) No fees will be imposed for a duplicate decal. Sec. 24-108.—Violations. (a) The City may issue a "No Operations"declaration and assess all applicable permit violation fees from the service provider if a service provider: (1) Performs collections or transports special waste in a vehicle within the City which has not been permitted; (2) Performs collections or transports special waste in any vehicle with an expired permit; (3) Performs some other permit violation;or (4) Does not make payment of the appropriate fees in a timely manner. (b) Once a service provider has been issued a "No Operations"declaration from the City, all services to be provided within the City are required to cease. (c) Each day and act of illegal operations during a "No Operations" period is a separate violation;any person, entity,or business engaged in the collection and transport of waste who violates the"No Operations" requirement prior to receipt of a permit or during any suspension of a permit period may be charged by the City an amount as established in the Utility Rate Ordinance per day for each day and act of violation of this ordinance. (d) Following the receipt of a "No Operations"declaration and prior to a service provider being reinstated to legally operate within the jurisdiction of the City,the service provider must meet with the City staff to update its application and service agreement. Once updated,the status of the permit will be determined. The City may reinstate,decline to renew,or revoke the permit. If the City agrees to reinstate the permit, the service provider must make payment of all monies owed to the City before the permit will be reinstated. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 22 of 27 Sec. 24-109.—24-199. —Reserved. Article VI. — COMMERCIAL RECYCLABLE MATERIALS COLLECTION AND TRANSPORTATION SERVICES PERMIT Sec. 24-200.— Permit required. (a) Any service provider engaged in the collection and transport of recyclable materials from commercial entities and operating within the City must possess a current and valid permit issued by the City prior to providing waste collection and transportation services. (b) Permits for collection and transportation services are required for recyclable materials and other materials collected for purposes of recycling, including construction and demolition (C&D)debris separated at the point of collection for delivery to another location for processing for recycling. Sec. 24-201.— Exemptions. (a) Any person living within the City and hauling personal recyclable materials to a recycling facility from their primary living residence is exempt from the permitting requirements of this section. (b) Any person who collects for transportation recyclable materials no more than three(3)times per any year period is exempt from the permitting requirements of this section but must register as exempt with the permitting authority. (c) The City is exempt from these permitting requirements when engaged in hauling recyclable materials pursuant to Sec. 24-3 and 24-202. Sec. 24-202.— Reclassification and disposal of recyclable materials. (a) Recyclable materials containers containing a significant amount of contamination,as determined by the City,will be considered municipal solid waste,and its collection may be considered a violation and subject to the actions and penalties provided for in Sec. 24-209 of this chapter.The Director will make the final determination of whether stored recyclable materials contain excessive contamination,which at the City's determination,shall cause the reclassification of these materials from recyclable materials to solid waste, thereby negating the ability of a service provider to transport this material within the City's jurisdiction under its recycling vehicle service permit. (b) The City has the authority to inspect the contents of any container located within the City's jurisdiction in order to determine the material contents of the container, so as to ensure compliance with the contamination requirements. Sec. 24-203. Permit application. (a) Any person engaged in the collection and transport of recyclable material from commercial operations that is required to obtain a permit per Section 24-200 shall apply for a recyclable materials service permit from the City. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 23 of 27 (b) A person,entity, or business engaged in the collection and transport of recyclable material from commercial entities shall make application to the City on forms provided for that purpose and pay the fee required by Sec. 24-204.The application shall include the following information: (1) The name and address of the applicant. (2) The name of the owner of the collection and transportation vehicle for use in recyclable materials collection services located within the City. (3) A description of the recyclable material to be transported. (4) The location of the recycling facility to which the recyclable material will be transported, including proof,when required by the Director that the applicant is legally authorized to dispose of at the specified location. (S) A description and the license number of any vehicles to be used in collecting and transporting the recyclable material within the City. (6) Any other information which is reasonably necessary to administer this section as determined by the City. (c) By acceptance of the permit,the permittee agrees to execute and comply with all requirements of the vehicle service agreement,carry specific types and amounts of insurance,submit reports, and pay the necessary fees by the specified due date. Sec. 24-204.— Permitting fees. (a) Application fees and vehicle service fees shall be paid at the time of submittal of the permit application. The vehicle service fee schedule is found in the Utility Rate Ordinance. (b) Vehicle service fees are non-transferable between vehicles and containers. (c) All fees paid are non-refundable. (d) The permit applicant must pay the required fees and meet all permit requirements prior to the issuance of a permit. Sec. 24-205.—Granting of permit. (a) A permit provided for in Section 24-200 shall be granted only where the applicant has completed the following: (1) A service agreement form has been completed in full; (2) The applicant has no unresolved violations of this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency. (d) The City reserves the right to revoke a granted permit at any time for failure to comply with this Chapter or to protect the health and safety of the public. (b) Any person whose permit is denied may: (1) Resubmit a fully completed service agreement; (2) Submit evidence that any violation with this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency has been resolved;or (3) Make an appeal to the Director. Sec. 24-206.— Permit compliance requirements. (a) Recyclables service providers must maintain a valid permit. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 24 of 27 (b) Service providers must submit quarterly reports (1) Reports are submitted by calendar quarter. (2) Reports should be provided by physical or electronic submission to the Director. (3) Reports shall contain: i. Service provider's name,address, date,and quantity(weight or volume)of material sent for diversion or disposal ii. Name of facility where material was sent iii. Name of facility where residuals were sent (c) Incomplete reports will not be accepted for filing and will be returned.Such reports will be considered untimely if not completed and returned within the deadline specified in subsection (4). (d) Decals: 1. Decals issued by the City shall be placed in a visible location by the permittee(s) upon all collection and transportation vehicles operating within the City. 2. Decals shall be current pursuant to the schedule in Section 24-208 and valid in accordance with the requirements of this subsection. 3. Decals must be clearly legible. Sec. 24-207.— Permitting effective date and renewal. (a) Permits are issued and renewed annually beginning December 1 preceding the next calendar year during which the permit will be effective. (b) The permit's effective period is January 1 through December 31 of the same calendar year. (c) Permit fees are not prorated. (d) All permits, regardless of the date of issuance,will expire on December 31 of the year in which the permit became effective. (e) The application process shall be initiated,and fees shall be paid by November 15 for the upcoming calendar year so that adequate time is available for review and processing of the application. (f) Permittees currently permitted and choosing to reapply for a permit shall renew permits for the upcoming calendar year by submitting a renewal application by November 15. (g) All fees shall be paid with the renewal application. (h) The timely submission of a complete renewal application and the relevant fees will suffice to authorize the continuance of operations beyond December 31 until such time that the City makes a final determination on the approval of a permit renewal application. Sec. 24-208. - Reissuance of lost and damaged decals. (a) In order to have a duplicate decal issued,the original applicant for a permit must provide all information required in Section 24-203(b). (b) Any applicant seeking a duplicate decal shall submit sufficient evidence of the damage to the decal. (c) No fee will be imposed for a duplicate decal. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 25 of 27 Sec. 24-209.—Violations. (a) The City may issue a "No Operations"declaration and assess all applicable permit violation fees from the service provider if a service provider: (1) Operates a vehicle within the City which has not been permitted; (2) Operates any piece of equipment with an expired permit; (3) Performs some other permit violation;or (4) Does not make payment of the appropriate fees in a timely manner. (b) Once a service provider has been issued a "No Operations" declaration from the City, all services to be provided within the City are required to cease. (c) Each day and act of illegal operations during a "No Operations" period is a separate violation; any person, entity,or business engaged in the collection and transport of waste who violates the"No Operations" requirement prior to receipt of a permit or during any suspension of a permit period may be charged by the City an amount as established in the Utility Rate Ordinance per day for each day and act of violation of this ordinance. (d) Following the receipt of a "No Operations" declaration and prior to a service provider being reinstated to legally operate within the jurisdiction of the City,the service provider must meet with the City staff to update its application and service agreement. Once updated,the status of the permit will be determined. The City may reinstate,decline to renew,or revoke the permit. If the City agrees to reinstate the permit, the service provider must make payment of all monies owed to the City before the permit will be reinstated. Sec. 24-210.—24-299. —Reserved. Article VII. POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET DISTRICT Sec. 24-UW300. Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fry Street District refers to the area as described in Zoning Ordinance No. 2000-045 as the Fry Street District. The Fry Street District is generally bounded by Welch Street to the east,Oak Street to the North,Ave. B to the northwest,Ave.A to the southwest, Mulberry Street to the southeast,and Hickory Street to the southwest,which is depicted in Exhibit A* attached to Ordinance No. 2005-256 and made a part hereof by reference. Glass container means any glass bottle or receptacle,closed or capable of being closed. (Ord No 205 256,5 1,9 20 nCl Nate(s) ***A cepy of Exhibit A can found in the city offices. Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 26 of 27 Sec. 24-U4301. Prohibition of open glass containers. (a) Prohibitions. No person shall possess within the Fry Street District upon or immediately adjacent to any right- of-way,street,sidewalk, pedestrian way, or parking area, any glass container which is open or has been previously opened except for use on the premises where the glass containers are acquired. (b) Exemptions. Notwithstanding any other provision of this section, nothing in this section shall prohibit the possession of the following glass containers in the Fry Street District: (1) Baby bottles containing products for consumption by babies; (2) Glass drug containers containing prescription drugs; (3) Glass containers that are being transported in a trash bag directly to a trash or recycling container for disposal or recycling purposes; (4) Glass lined vacuum picnic containers or thermos bottles,and (S) Any container as permitted by Texas Alcoholic Beverage Code Ann.28.10(b). (Ord No. 2005 256 c 1,9 2G W Sec. 24-302. Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgment,decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 24-101(a), he may, if he deems it necessary for the preservation of public peace and safety,order that person to leave that place and surrender the open glass container.Any person who shall refuse to leave or surrender an open glass container after being ordered to do so by a police officer shall be in violation of this section. (Ord No. 2005 256 c 1,9 20 W Created: 2023-02-17 10:53:49 [EST] (Supp. No.33) Page 27 of 27 Subpart A-CODE OF ORDINANCES Chapter 24 SOLID WASTE Chapter 24 SOLID WASTE' ARTICLE 1. IN GENERAL Sec. 24-1. Purpose. The regulations of this chapter are adopted for the purpose of preserving and protecting the public health,safety, and general welfare by requiring all persons in control of a property, including property owners,tenants, occupants,and lessees,to secure and maintain containers and receptacles of sufficient size and material for the deposit of garbage,trash, rubbish,and recyclable materials for collection and removal at regular intervals and to maintain their premises free of accumulations thereof.Additionally,this chapter refers to what individuals or entities may provide removal services in the City. (Ord. No. 2005-256,§ 1,9-20-05) Sec. 24-2. Definitions. The following words,terms and phrases,when used in this chapter,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Appliance a device or pieces of equipment designed to perform a task,typically a domestic one such as an oven, refrigerator,etc. Brush shrubs,tree limbs, and branches. Bulky items any non-putrescible household item that will not fit inside a solid waste container when the lid on the solid waste container is closed. Only items consistent with residential use,such as household furniture and appliances;shall be considered bulky items.This term includes material that is part of routine household maintenance but does not include construction,demolition,or remodeling materials or debris(see Construction and demolition debris definition). 'Editor's note(s)-Ord. No. 2005-256, § 1,adopted September 20, 2005, amended chapter 24 in its entirety to read as herein set out. Former chapter 24,§§24-1-24-13, 24-41, 24-42, 24-66-24-71, 24-72-24-74, pertained to similar provisions,and derived from §§ 12-1, 12-2, 12-4-12-6, 12-8, 12-9(b), (c), 12-10, 12-12, 12-14(a)- (d), 12-15, 12-16(b),(c), 12-17(c), 12-17(e), (f), 12-18-(a),(b), 12-19-12-23 of the 1966 Code; Ord. No.89- 032, § I, 2-21-89; Ord. No.90-003, § I, 1-2-90; Ord. No 91-066, § I, III,V-VIII,4-30-91; Ord. No 98-299,§ I- IV,9-15-98; Ord. No 00-042, § 1,2,2-1-00; Ord. No 00-045, §§ 1,3, 2-1-99. Cross reference(s)-Disposal of manure, §6-15; housing generally,Ch. 15;junk dealers and dealers in secondhand merchandise, § 16-26 et seq.; automotive wrecking and salvage yards, § 16-126 et seq.;grass and weeds creating nuisances,§20-71 et seq.; littering generally, § 21-5; construction and building debris on streets, § 25-8; refuse and garbage handling in mobile home or recreational vehicle parks, §32-90; insect and rodent control in mobile home and recreational vehicle parks,§32-91. Denton,Texas,Code of Ordinances Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 1 of 21 The City the City of Denton. Commercial any structure or building other than residential, including business structures, hotels, motels, rooming houses or boardinghouses and structures containing five(5)or more dwelling units. Construction and Demolition Debris or C&D waste resulting from construction or demolition projects, regardless of the point of origin.This term includes all materials that are directly or indirectly by-products of construction work, including remodeling,or that result from the demolition of any structures and may include, but are not limited to, paper,cartons,gypsum board,wood, excelsior, rubber, and plastics. Container any receptacle designed for the specific purpose to hold solid waste or recyclable materials,which can be lifted or emptied manually or by use of a special vehicle. Contamination non-program materials in any container set for recycling or diversion from ultimate disposal. Decals an adhesive permit issued by the City and to be affixed to a vehicle for use in special waste and recyclable materials collection and transportation services. Director The City of Denton's Solid Waste Director who is the City official responsible for managing the permitting and regulation of all waste and recycling services provided within the City.This definition includes the director's authorized designee(s). Excess accumulations any accumulation of MSW or recyclables or divertible material outside of the container.This does not include residential yard waste, bulky items,or other waste specifically identified for unique placement outside a traditional residential garbage or recycling container. Hazardous waste as defined in the federal Solid Waste Disposal Act 42 U.S.C. 6901. Municipal Solid Waste(MSW)solid waste resulting from or incidental to residential, municipal, commercial, institutional, and recreational activities, including garbage, rubbish,ashes,street cleanings,construction and demolition materials, not separated at the point of collection for delivery to another location for processing for reuse,and all other solid waste other than special wastes and recyclable materials. Owner any person or entity shown as the property owner on the latest property tax assessment rolls or any person having any legal or equitable interest in the property, including any agent who is responsible for managing, leasing,or operating the property including any tenant or occupant. Pay bag a bag sold by the City or its designee to customers for additional material to be collected outside of their normal carted collection.A pre-paid additional waste solution. Private containers are containers-used,or intended for use,in disposal or collection of MSW or recyclable materials and that are not issued by the City or permitted consistent with Section 24-72.—Annual permit required for special waste and recyclables haulers and include, but are not limited to, roll-off containers and self-contained compactors. Putrescible waste waste that is capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors,gases,or other offensive conditions,and include materials such as food wastes,offal,and dead animals. Program materials recyclable materials as defined in this Chapter. Recyclable materials materials defined by the contract between the City of Denton and any contracted recycling processor that are not special waste and have been separated from other waste at the point of collection for delivery to another location for processing and reuse.These materials include paper,cardboard, plastics containers displaying a resin identification number(RIN)of 1 through 7,steel and aluminum cans, and glass bottles. Residential a structure, house or building occupied as a dwelling only, and which contains no more than four (4)dwelling units. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 2 of 21 Residential garbage consists of all normal household waste that fits in the garbage containers issued to said customer. Solid waste consistent with 30 TAC 330.3,garbage, rubbish, refuse, sludge from a wastewater treatment plant,water supply treatment plant,or air pollution control facility,and other discarded material, including solid, liquid,semi-solid,or contained gaseous material resulting from industrial, municipal,commercial, mining,and agricultural operations and from community and institutional activities. Special waste as defined in 30 TAC 330.3. Utility Rate Ordinance the ordinance adopted annually by the City Council that establishes the utility rate schedule. Unsafe materials Any material or matter deemed by the Texas Commission of Environmental Quality(TCEQ), the Environmental Protection Agency(EPA),the State Department of Health,or any other federal,state,or local governmental agency to be unsuitable or detrimental to the environment or human health when disposed of in the type of sanitary landfill operated by the City. Unauthorized container a container used or intended for use in the disposal or collection of MSW or recyclable materials that is not issued by the City of Denton Solid Waste Department or one that has not been permitted for use within the City limits. Valet Service special,specific,collection service provided to areas with limited space for standard dumpster collection service as identified by the Director. Vehicle any wheeled device designed mainly for the conveyance or transportation of persons or property. This definition includes cars,trucks,tractors,and trailers. Vehicle service fee the fee associated with permitting each vehicle for use in the collection and transportation of special waste or recyclable materials. Vehicle service permit the permit required by the City for vehicles for use in special waste and recyclable materials collection and transportation services. Waste manifest a document wherein the service provider must record collection points and the location of disposal of special waste, recyclable materials,and other waste as required by state and federal law and as defined by the City from time to time,such as a bill of lading. Yard waste vegetative or organic material produced from the care and maintenance of landscaped areas, gardens,and lawns.This includes weeds, leaves,grass clippings, dead flowers and plants, brush, pruned branches and stems, roots,or wood shavings that can be bagged in brown paper(kraft) bags or in a City designated yard waste container. (Ord. No. 2005-256, § 1,9-20-05) Cross reference(s)—Definitions and rules of construction generally, § 1-2. Sec. 24-3. The City is the exclusive provider for municipal solid waste services. The City's solid waste department shall be the exclusive provider of municipal solid waste collection and disposal services for all premises within the City.Any other person or entity is prohibited from providing municipal solid waste collection or disposal services to any person or entity for compensation or other benefit within the city, or to make use of the public streets for that purpose, except as expressly provided for in this chapter. No prior notice of violation shall be required for violation of this section. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 3 of 21 (Ord. No. 2005-256, § 1,9-20-05) Sec. 24.4. —Administration and enforcement. (a) All officials duly authorized, including but not limited to peace officers of the State, and those authorized by statute to issue citations, notice of violations,or summons for Class C criminal misdemeanors, may assist the City in enforcement of this chapter. (b) Additionally,the Director, at his discretion, may designate trained personnel to issue notices of violation and to make accompanying affidavits to support prosecution as part of the City's ongoing efforts to regulate and manage wastes for the benefit of the public health,safety and welfare, in coordination with the office of the City Attorney,the municipal courts,the police department,the Texas Commission on Environmental Quality and any agencies with jurisdictional interest in solid waste regulation and management. (c) A violation of this chapter is a Class C misdemeanor. (d) Notification of violation (NOV).When the Director finds that an owner or service provider has violated,or continues to violate,any provision of this chapter,the Director may issue a written notice of violation. 1. The NOV may establish a specified number of days to respond or comply with the violations stated in the NOV. 2. Issuance of a NOV is not required prior to any legal enforcement action taken against a property, owner,or service provider. 3. Nothing in this section shall limit the authority of the Director to take action to abate a violation that poses an immediate threat to public health and safety,without first issuing a notice of violation. 4. A NOV issued under this article shall be in writing and served in person or sent out through regular mail to the address on the owner or service provider. (e) Administrative Orders.When the Director finds that an owner or service provider has violated,or continues to violate,any provision of this chapter the Director may issue an Administrative Order to an owner or service provider requiring compliance within a specified time. 1. If the owner or service provider does not comply within the time provided in the Order,solid waste and recycling services may be terminated. 2. Compliance orders may include requirements imposed by other ordinances,and state or federal law,to address noncompliance, including compliance with elements of the Denton Development Code as it applies to Solid Waste. 3. A compliance order does not extend the deadline for compliance established in a NOV, nor does a compliance order relieve the owner or service provider of liability for any violation,including any continuing violation. 4. Issuance of a compliance order shall not be a bar against,or a prerequisite for,taking any other action against the owner or service provider. 5. Any Order issued under this article shall be in writing and served in person or by registered or certified mail on the owner,service provider, record user or users of the solid waste service,or other persons determined to be responsible for such violation. (f) Upon issuance of an Administrative Order to any person,the owner or service provider must: Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 4 of 21 1. Immediately comply with all requirements; and 2. Take such appropriate remedial or preventive action, including halting operations,as may be needed to properly address a violation or to prevent future violations (g) Appeals.Any person may appeal an order of the Director by filing a written notice of appeal with the City Manager or designee on forms provided by the solid waste administration office.Such notice of appeal shall be filed within fifteen (15)days of service of the order. The remedies provided for in this article are not exclusive.The Director may take any,all,or any combination of the actions described in this ordinance,or as provided for in other law,against a noncompliant owner or service provider. Sec. 24.5. — Landfill Use The amounts to be paid for the use of the City's landfill site shall be the amounts established in the Utility Rate Ordinance or a City Council approved contract. All persons using the landfill will abide by the posted landfill rules,follow any directions given by landfill staff, and conduct themselves in a safe and professional manner. (1) Rules shall be posted at the landfill as follows: "City of Denton Landfill Facility Rules All vehicles that enter the City of Denton landfill must obey the following rules and procedures.These rules are in place to provide a safe and efficient environment for our employees and our customers. 1. All individuals enter the landfill at their own risk. 2. Scavenging material is strictly prohibited. 3. No Smoking on Landfill property. 4. Customers must present a valid,government issued ID at the weigh station. 5. The minimum charge applies to each individual load of chargeable waste material crossing the scales. 6. All loads entering landfill property, consistent with State and local laws, must be secured with a tarpaulin (tarp), net, or other means to properly secure the load and prevent litter. Unsecured or improperly secured loads will be subject to a surcharge. 7. All coverings shall remain in place and secure, including turnbuckles on commercial vehicles, until the vehicle has arrived at the unloading area. (coverings may be requested to be removed at another area for inspection). 8. Posted speed limits must be followed at all times. The Maximum Landfill Speed Limit is 15 MPH. 9. The unloading of unauthorized wastes is prohibited. Incoming loads may be inspected on a random basis. Landfill staff will determine if prohibited items or materials are present. Landfill personnel shall have the authority to reject unauthorized loads and have unauthorized material removed by the transporter or assess appropriate surcharges. 10 Vehicles entering the landfill weighing over 14,000 lbs. must have tow hooks, cables, or an accessible fixed point available to pull the vehicle if needed. 11. All pets must remain inside the vehicle at all times. 12. Children under the age of 16 must remain inside the vehicle at all times. 13. Yield the right-of-way to all landfill equipment. 14. Users of the landfill are required to follow all directions given by landfill staff. 14. Customers must always stay within ten (10)feet of their vehicle while in the unloading zone. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 5 of 21 15. Drivers must unload at the location identified by working face personnel and follow posted separation distances between trucks when backing into their spot. 16. There will be no horseplay,fighting,or verbal attacks or abuse allowed at the City of Denton Landfill. Report any issues to the site management." The Director reserves the right to refuse service or revoke landfill use privileges for any person that endangers other customers or employees, engages in physical or verbal abuse, or knowingly disposes of materials in the incorrect disposal area. Sec. 24-6. Disposal of garbage,trash or rubbish only in authorized locations. (a) Garbage,trash or rubbish must be placed in this chapter or as otherwise expressly authorized by the City. (b) No person shall place any solid waste, bulky items,or any other material in,on, or next to the solid waste container of another, unless authorized to do so by the person or persons who pay the charge for the solid waste collection service. (Ord. No. 2005-256, § 1,9-20-05) State law reference(s)—Water quality standards,V.T.C.A.,Water Code§26.124. Sec. 24-7. Containers for municipal solid waste and recyclable materials. (a) Every owner shall obtain containers of sufficient size and number to hold the municipal solid waste and recyclable materials which accumulate on the premises,commercial accounts may retain non-City recycling or diversion services provided they conform to the other provisions of this chapter.The City may require certain levels of service to be provided based upon historical documentation from similar developments or on actual volumes of MSW and recyclables.Any property in the City that has any active residential utility service,or commercial utility service and issued a certificate of occupancy must also have solid waste service, as well. (b) Customers are responsible for maintaining the cleanliness of their issued containers. (c) All commercial containers and enclosures shall comply with the Denton Development Code section 7.12, as amended. (d) All solid waste must be placed solid waste in a manner that allows the lid of the solid waste or recycling container to be and remain closed with all the material contained completely within the container. (e) The contents of municipal solid waste receptacles shall be secured in a manner to prevent trash or any other material from escaping the receptacle, including by being blown or spilled due to exposure from weather elements or animals. (f) The contents of the recyclable materials container shall be secured in a manner to prevent recyclables or any other material from escaping the receptacle, including by being blown or spilled due to exposure from weather elements or animals. (g) Recyclable materials shall be placed directly in the recyclable materials container without bagging the materials when a City of Denton container is used. (h) Only program materials shall be placed in the recyclable material container when a City of Denton container is used. (i) The City may refuse to collect a container set out for collection that the City determines does not comply with this section. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 6 of 21 Sec. 24-8. Prohibited materials and regulations. (a) Unsafe material is prohibited in the City landfill. (b) Unsafe material shall be disposed of in the manner provided for by law or agency regulation. (c) The owner and the party or parties generating unsafe material are responsible, including for the costs,for the collection,transportation,and disposal of the unsafe material. (d) Unsafe material may not be placed for collection by the City. (e) Unsafe material shall not be delivered to or disposed of at the City of Denton's landfill. (f) No person shall deposit into any container serviced by the solid waste and recycling department any special waste.The solid waste and recycling department shall refuse to collect,transport or dispose of special or hazardous waste or any other garbage, rubbish,trash,or other solid waste that does not comply with this chapter. (g) Only program materials shall be deposited in containers at City recycling drop sites. (h) Special waste shall be collected, removed,and disposed of only by an authorized private hauler. (i) Municipal Solid Waste(MSW)containing putrescibles shall be collected,at least once per week. (j) Any person collecting,transporting,or disposing of special or hazardous waste must obtain a permit issued pursuant to Article V of this chapter prior to such collection,transport,or disposal. Sec. 24-9. Municipal solid waste to be drained. (a) All municipal solid waste mixed with water or other liquids shall be drained before being placed in the receptacle. (b) The resultant liquids shall be disposed of in an acceptable manner. Sec. 24-10. Preparation of yard waste, tree limbs and cuttings. (a) Tree limbs,shrubs and hedge cuttings shall: (1) not exceed four(4)feet in length (2) Be stacked neatly (3) Be placed so that one(1)cut end faces toward the street at the curb line (4) be placed in a manner that will not block or otherwise impede the sidewalk. (b) No single piece shall weigh more than fifty(50) pounds. Created: 2023-02-17 10:53:48 [EST] (Supp.No.33) Page 7 of 21 (c) Yard waste consisting of small pieces,small cuttings and small loose material placed for collection shall be placed in approved kraft bags or City-issued container(s) (d) The City may refuse to collect brush or yard waste not placed for collection as provided in this section. (e) Charges for the collection of brush and yard waste shall be provided in the published Utility Rate Ordinance. (b) Sec. 24-11. Heavy or excess accumulations. Bulk or large quantities of MSW or construction and demolition debris in excess of four(4)cubic yards will not be collected via weekly curbside collection. Individuals needing collection of MSW or construction and demolition debris may contract with the City of Denton to provide a temporary container to dispose of the materials in an alternate manner, haul the material to the landfill themselves, or if the material is recyclable or divertible,contract with a third party vendor to haul the material to a recycle or re-use center. Secs. 24-12-24-40. Reserved. ARTICLE 11. RESIDENTIAL COLLECTION SERVICE Sec. 24-41. Residential solid waste services required. Any owner of any residential premises in the City is required to sign up for and maintain bundled solid waste and recycling service from the City of Denton and must have their municipal solid waste regularly removed by the City. If any utility service is active at a premises,then solid waste service must also be active regardless of occupancy status. Sec. 24-42. Charges for residential service. The charge for collecting municipal solid waste from each residential dwelling unit shall be provided in the Utility Rate Ordinance,as amended. Sec. 24-43. Residential collection service. (a) All residential containers must be placed at the curbside at a time and in a manner specified by the Director. (b) Residential garbage, recyclable materials, pay bags, bulk items, brush,or yard waste may not be placed at the curb earlier than 6:00 p.m. on the day prior to the scheduled collection day. (c) Containers must be placed for collection prior to 7:00 a.m.on scheduled collection day. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 8 of 21 (d) Containers shall be placed in the street with the wheels resting against the curb,or edge of the street, with the lid opening towards the street and the lid hinge facing away from the street. (f) Containers shall be placed a minimum of four(4)feet away from any mailbox,vehicle,container,or another obstacle. (g) Bulk items, kraft bags, pay bags, brush,or yard waste must also be placed at least four(4)feet away from any mailbox,vehicle, container,or another obstacle. (h) Only garbage,yard waste,or recyclable materials container(s) authorized by the City will be serviced by the City. No other containers, boxes,or bags placed at the collection site will be collected except as defined by the City. (i) All garbage,yard waste,and recyclable materials containers shall securely contain,with lids closed, all contents and must be capable of being collected without spillage. Residential garbage and recyclable materials determined by the City to not be properly contained shall not be collected. (j) Customers whose garbage or recyclables were not collected due to failure to comply with this chapter shall not be collected until the next regularly scheduled collection service. (k) Garbage,yard waste,or recyclable materials storage containers and residential garbage,yard waste, recyclables,or any other unaccepted materials not collected shall be removed from collection point by the customer no later than 8:00 a.m.on the day following the scheduled collection day. (1) Upon removal from the curb, unaccepted materials,garbage, recycle,and yard waste containers shall be stored in as inconspicuous a location as possible,such as: (1) In a garage; (2) In an outdoor storage building; (3) On the side of a structure on the property; or (4) At the back of a structure on the property. At no point shall a garbage, recycling, or yard waste storage container or unaccepted waste or recyclables be stored in public view or remain in public view in the front yard, on the front porch,or in front of the main structure on the property, unless otherwise approved by the Director. (m) Customers may submit an application for special collection services,Service Assistance Program,to have their container(s)serviced at the point of container storage if the customer is unable to place the container at the collection point as required by this section. (n) The monthly rate for the Service Assistance Program is the same rate charged to residential customers with similar-sized containers. (o) An application for the Service Assistance Program must be signed by a healthcare provider. (p) Households that receive the Service Assistance Program cannot contain a member that is physically able to place the containers at the collection point. (q) Applications for the Service Assistance Program shall be subject to renewal every two(2)years from the date of special service initiation. (r) The Director may make reasonable exceptions to the foregoing location requirements,as needed, upon request of the customer,to accommodate unique circumstances. Sec. 24-44. —Weight limitations of residential containers. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 9 of 21 The contents of any residential garbage,yard waste,or recycle container shall not exceed 250 pounds. Secs. 24-45-24-65. Reserved. ARTICLE 111. COMMERCIAL COLLECTION SERVICE Sec. 24-66. Commercial solid waste services required. (a) Every owner any commercial property not eligible to receive residential solid waste collection services shall set up service for solid waste and recycling collection from the City, except as otherwise expressly provided for in this chapter. (b) Solid waste must be scheduled for collection a minimum of once weekly. (c) Recyclables must be scheduled for collection a minimum of once every two weeks provided container volume is appropriate to support this level of service (d) Other commercial waste collection and disposal services not provided for in this chapter shall be provided only upon approval of the services by the Director. Sec. 24-67. Charges for commercial service. (a)The charge for commercial service shall be in an amount established by the Utility Rate Ordinance. (b)The service charge for other commercial waste collection and disposal services shall be in the amounts established in the Utility Rate Ordinance. Sec. 24-68. —General solid waste and recycling service responsibilities. (a) All persons utilizing City containers at commercial facilities shall provide,at their expense,an enclosure of adequate size and materials as specified in the Denton Development Code section 7.12,as amended. (b) Any other items stored within solid waste or recycling enclosures must not obstruct, impair or otherwise interfere with the City's ability to service City-provided containers therein. (c) If a container is unable to be serviced due to being contaminated,overfilled, blocked,or otherwise obstructed,an inaccessible fee may be assessed consistent with the published Utility Rate Ordinance. (d) The customer is required to remove any and all contamination,overflowing material,or obstructing items and call to request return service,at a rate established by the Utility ate Ordinance,or wait until their next scheduled service to be emptied. If this is a municipal solid waste container the follow-up collection must occur within one(1)week. Sec. 24-69. —Containers furnished by the City for commercial use. (a) The Director may locate and place solid waste containers for use by commercial facilities in accordance with the waste storage needs of the individual facility.All facilities for which containers are so provided by Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 10 of 21 the City shall place all garbage and waste materials in such container(s)and shall not place waste in any containers except those designated by the Director. It shall be unlawful for any person using such containers to leave the lid open after placing refuse material therein. (b) Where more than one(1)commercial establishment uses the same container,the charges shall be prorated according to use, but in no case shall the total be less than an amount established by the City Council and on file in the office of the City Secretary. (c) Only City issued containers will be serviced unless otherwise provided for in this chapter. Sec 24-70.—Compactor service. (a) Customers may provide their own compactor provided it meets the criteria set forth in the Denton Development Code and is compatible with the City's collection vehicles. (b) Customers requesting any new compactor service shall first request a site visit from the City of Denton Solid Waste and Recycling Department to verify serviceability and adherence to the design criteria set forth in the Denton Development Code section 7.12,as amended. (c) Any compactor used for municipal solid waste must be scheduled for collection at a minimum of once per week. (d) If a compactor is unable to be serviced due to being overfilled, blocked or any other obstruction,an inaccessible fee may be assessed consistent with the Utility Rate Ordinance.The customer is required to remove the excess waste or other obstructions prior to requesting return service. (e) The rate for such service in the Utility Rate Ordinance shall apply. (f) The customer may wait until the next scheduled service for collection,except the collection of a container having any municipal solid waste must occur within one(1)week of the previous collection. (g) The customer is responsible for all maintenance and repair of customer-owned compactors. Required repairs must be made in a timely manner. If the Director determines that either a compactor or its power unit are not functioning in a safe manner,the customer may be required to retain an alternate container, at the customer's expense,to handle waste material until the compactor is repaired. Sec. 24-71.—Valet service. (a) Valet service shall be provided to areas of the City as identified by the Director.Customers in designated areas may not opt out of valet service. (b) Valet service level tiers will be set by the Director. (c) The rate for valet service in the Utility Rate Ordinance shall apply. (d) Large or bulky items must be called in for collection. (e) Contaminated containers will not be collected.The contaminating items shall be removed by the owner for the container to be serviced. Sec. 24-72. —Annual permit required for special waste and recyclables haulers. No person shall collect or remove for compensation any special waste or recyclables from any property within the City without first obtaining a special waste hauler or recyclable materials hauler's permit from the City in accordance with Articles V and VI of the chapter. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 11 of 21 Secs. 24-73-24-89. Reserved. ARTICLE IV- COMMERCIAL DIVERSIONARY PRACTICES Sec. 24-90.—Applicability. This article applies to all commercial properties in the City's zoning jurisdiction. Sec. 24-91. —Services required. (a) The owner of any commercial properties in the City must actively engage in on-site recycling material diversion program.Commercial properties must,at a minimum, provide availability to the residents and employees of these properties the ability to recycle paper,cardboard,glass, aluminum and steel cans, and plastics.The nature of the recycling or diversion practiced must be reported in a "Diversion Plan"as described in this chapter.Commercial recycling and organics services must be provided by a permitted hauler(see Article VI of this chapter)or the City of Denton Solid Waste and Recycling Department. (b) This Article will be phased in for all commercial properties between January 1, 2024 through June 1, 2024. Sec. 24-92.— Reporting requirements. (a) The owner of every commercial property shall submit a Diversion Plan to the City that complies with this Section no later than the close of business of the first business day of October of each year in a form required by the City. (b) No new certificate or occupancy shall be issued without the submission of a Diversion Plan that complies with this Section. (c) A Diversion Plan must: i. Be in a form prescribed by the Director; ii. List materials to be diverted; iii. State the name and contact information of the individual responsible for the Diversion Plan; iv. State the name and contact information for any diversionary service(s) being utilized; v. State the size and description of the diversionary container(s); vi. State the frequency of the collection of the container(s); vii. Plans to educate tenants or employees regarding the Diversionary Plan and how to participate including the following information: a. Location of diversionary containers; b. Types of materials accepted; c. Information related to the use of proper recycling practices that will be implemented,such as emptying and rinsing plastic bottles,ensuring paper and Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 12 of 21 cardboard products are not wet,and that cardboard boxes are broken down before being placed in the recycling container; d. Onsite contact information to report overflowing recycling containers or contamination; e. Provide information to individual participants such as employees or tenants on how to report waste or recycling problems to the City of Denton; viii. The owner must include additional information or documentation as required by the Director at the time of submission of the Diversion Plan to verify compliance with this Section. Sec. 24-93.— Notice of change. (a) The owner of a commercial property shall notify the Director of any change in the Diversion Plan. (b) The owner of a commercial property shall notify the Director of any change in service provider for the collection of diversionary materials. Sec. 24-94.— Education. (a) The individual named in (c)(3)of Section 24-92 of this Chapter shall provide recycling or diversion information and instructions in accordance with the rules adopted by the Director to: (1) All tenants and employees on site of the premises annually; (2) A new employee or tenant no later than the 30th day after the tenant occupies or the employee begins work at the premises; and (3) All employees or tenants within 30 days after a substantive change in the diversionary service offered at the premises. (b) All information and documentation, including signage, required to be provided to persons or posted as public information under this article shall be written in English and Spanish and include universal symbols as adopted by the Director. (c) Each container designated or used for collection or transport of recyclable or organic materials shall be affixed with a sign that includes: (2) The type of materials accepted written in English and Spanish; and (3) The term "Recycling"or"Compostables"or"Organics",as appropriate. Sec. 24-95. —24-99.— Reserved. Article V. —SPECIAL WASTE COLLECTION AND TRANSPORTATION SERVICES PERMIT Sec. 24-100. — Permit required. Any person engaged in the collection and transport of special waste within the City must possess a current and valid permit issued by the City prior to providing collection and transportation services for special waste. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 13 of 21 Sec. 24-101. — Exemptions. (a) The following are exempt from the permit requirements in Section 24-100. (1) Any person living within the City and hauling personal materials,wastes, or other materials from their primary residence is exempt from the permitting requirements of this section. (2) Any person who transports special waste no more than three(3)times per any year period. (3) Any Liquid Waste Transporter permitted under the City of Denton -Code of Ordinances,Chapter 26, Division 3,as amended. (b) The Director may request documentation (i.e. trip tickets, bills of lading,etc.)to ensure compliance with this section. Sec. 24-102. — Permit application. (a) Any person engaged in the collection and transportation of special waste that is required to obtain a permit per Section 24-100 shall apply for a permit from the City in a manner required by the City and pay the required fee. (b) The application will include: (2) The name and business address of the applicant; (3) The name of the owner of all collection and transportation vehicles that will be used in special waste collection services located within the City; (4) A description of the special waste that will be hauled by the applicant; (5) The location where the special waste will be disposed of, including documentation sufficient to show the applicant is legally authorized to dispose at the specified location(s); (6) A description and the license number of all vehicles to be used in collecting and transporting the special waste within the City; and (7) Any other information which is reasonably necessary to administer this section as determined by the City. (c) By acceptance of the permit,the permittee agrees to comply with all requirements of the service agreement,carry specific types and amounts of insurance,submit reports,and pay necessary fees by the specified due dates. Sec. 24-103. — Permitting fees. (a) Application fees shall be paid at the time the application is submitted to the City. (b) Vehicle service fees established in the Utility Rate Ordinance shall be paid no later than the due date on the invoice sent by the City. (c) Vehicle service fees are non-transferable between vehicles. (d) All fees are non-refundable, including in the event no permit is obtained. Sec. 24-104. —Granting, denial, and revocation of a permit. (a) A permit provided for in Section 24-100 shall be granted only where the applicant has completed the following: (1) A service agreement form has been completed in full; (2) The applicant has no unresolved violations of this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 14 of 21 (b) The City reserves the right to revoke a granted permit at any time for failure to comply with this Chapter or to protect the health and safety of the public. (c) Any person whose permit is denied may: (1) Resubmit a fully completed service agreement; (2) Submit evidence that any violation with this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency has been resolved;or (3) Make an appeal to the Director. Sec. 24-105.—Vehicle service permit compliance requirements. (a) Special waste haulers must maintain a valid permit. (b) Permitted special waste service providers must submit quarterly reports: (1) Reports are to be submitted quarterly on the first business days of October,January,April,and July; (2) Reports should be provided by physical or electronic submission to the Director; (3) Reports shall contain: i. Hauler name,address,date,and quantity of material sent for diversion or disposal ii. Name of facility where material was sent (4) To be timely submitted,the report must be received by the City within twenty(20)calendar days of the end of the quarter. (5) Incomplete reports will not be accepted for filing and will be returned.Such reports will be considered untimely if not completed and returned within the deadline specified in subsection (4). (c) Decals: (1) Decals issued by the City shall be placed in a visible location by the permittee(s) upon each collection and transportation vehicle operating within the City; (2) Decals shall be current pursuant to the schedule in Section 24-107 and valid in accordance with the requirements of this subsection; (3) Decals must be clearly legible. (d) Waste manifests. For permitted haulers requiring waste manifests,the maintenance of these manifests by the permittee is a condition of compliance.All records may be reviewed by the City at the request of the Director for a duration of up to three(3)years. Sec. 24-106. — Permitting effective date and renewal. (a) Permits are issued and renewed annually beginning December 1 preceding the next calendar year during which the permit will be effective. (b) The permit's effective period is January 1 through December 31 of the same calendar year. (c) Permit fees are not prorated. (d) All permits, regardless of the date of issuance,will expire on December 31 of the year in which the permit became effective. (e) The application process shall be initiated, and fees shall be paid by November 15 for the upcoming calendar year so that adequate time is available for review and processing of the application. (f) Permittees currently permitted and choosing to reapply for a permit shall renew permits for the upcoming calendar year by submitting a renewal application by November 15. (g) All fees shall be paid with the submission of a renewal application. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 15 of 21 (h) The timely submission of a complete renewal application and the relevant fees will suffice to authorize the continuance of operations beyond December 31 until such time that the City makes a final determination on the approval of a permit renewal application. Sec. 24-107. — Reissuance of lost and damaged decals. (a) In order to have a duplicate decal issued,the original applicant for a permit must provide all information required in Section 24-102(b). (b) Any applicant for a duplicate decal shall submit sufficient evidence of the damage to the decal. (c) No fees will be imposed for a duplicate decal. Sec. 24-108. —Violations. (a) The City may issue a "No Operations"declaration and assess all applicable permit violation fees from the service provider if a service provider: (1) Performs collections or transports special waste in a vehicle within the City which has not been permitted; (2) Performs collections or transports special waste in any vehicle with an expired permit; (3) Performs some other permit violation; or (4) Does not make payment of the appropriate fees in a timely manner. (b) Once a service provider has been issued a "No Operations"declaration from the City,all services to be provided within the City are required to cease. (c) Each day and act of illegal operations during a "No Operations" period is a separate violation; any person, entity,or business engaged in the collection and transport of waste who violates the"No Operations" requirement prior to receipt of a permit or during any suspension of a permit period may be charged by the City an amount as established in the Utility Rate Ordinance per day for each day and act of violation of this ordinance. (d) Following the receipt of a "No Operations" declaration and prior to a service provider being reinstated to legally operate within the jurisdiction of the City,the service provider must meet with the City staff to update its application and service agreement. Once updated,the status of the permit will be determined. The City may reinstate, decline to renew, or revoke the permit. If the City agrees to reinstate the permit, the service provider must make payment of all monies owed to the City before the permit will be reinstated. Sec. 24-109. —24-199.— Reserved. Article VI. — COMMERCIAL RECYCLABLE MATERIALS COLLECTION AND TRANSPORTATION SERVICES PERMIT Sec. 24-200. — Permit required. (a) Any service provider engaged in the collection and transport of recyclable materials from commercial entities and operating within the City must possess a current and valid permit issued by the City prior to providing waste collection and transportation services. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 16 of 21 (b) Permits for collection and transportation services are required for recyclable materials and other materials collected for purposes of recycling, including construction and demolition (C&D)debris separated at the point of collection for delivery to another location for processing for recycling. Sec. 24-201. — Exemptions. (a) Any person living within the City and hauling personal recyclable materials to a recycling facility from their primary living residence is exempt from the permitting requirements of this section. (b) Any person who collects for transportation recyclable materials no more than three(3)times per any year period is exempt from the permitting requirements of this section but must register as exempt with the permitting authority. (c) The City is exempt from these permitting requirements when engaged in hauling recyclable materials pursuant to Sec. 24-3 and 24-202. Sec. 24-202. — Reclassification and disposal of recyclable materials. (a) Recyclable materials containers containing a significant amount of contamination, as determined by the City,will be considered municipal solid waste,and its collection may be considered a violation and subject to the actions and penalties provided for in Sec. 24-209 of this chapter.The Director will make the final determination of whether stored recyclable materials contain excessive contamination,which at the City's determination,shall cause the reclassification of these materials from recyclable materials to solid waste, thereby negating the ability of a service provider to transport this material within the City's jurisdiction under its recycling vehicle service permit. (b) The City has the authority to inspect the contents of any container located within the City's jurisdiction in order to determine the material contents of the container, so as to ensure compliance with the contamination requirements. Sec. 24-203. Permit application. (a) Any person engaged in the collection and transport of recyclable material from commercial operations that is required to obtain a permit per Section 24-200 shall apply for a recyclable materials service permit from the City. (b) A person, entity,or business engaged in the collection and transport of recyclable material from commercial entities shall make application to the City on forms provided for that purpose and pay the fee required by Sec.24-204.The application shall include the following information: (1) The name and address of the applicant. (2) The name of the owner of the collection and transportation vehicle for use in recyclable materials collection services located within the City. (3) A description of the recyclable material to be transported. (4) The location of the recycling facility to which the recyclable material will be transported, including proof,when required by the Director that the applicant is legally authorized to dispose of at the specified location. (5) A description and the license number of any vehicles to be used in collecting and transporting the recyclable material within the City. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 17 of 21 (6) Any other information which is reasonably necessary to administer this section as determined by the City. (c) By acceptance of the permit,the permittee agrees to execute and comply with all requirements of the vehicle service agreement,carry specific types and amounts of insurance,submit reports,and pay the necessary fees by the specified due date. Sec. 24-204. — Permitting fees. (a) Application fees and vehicle service fees shall be paid at the time of submittal of the permit application. The vehicle service fee schedule is found in the Utility Rate Ordinance. (b) Vehicle service fees are non-transferable between vehicles and containers. (c) All fees paid are non-refundable. (d) The permit applicant must pay the required fees and meet all permit requirements prior to the issuance of a permit. Sec. 24-205. —Granting of permit. (a) A permit provided for in Section 24-200 shall be granted only where the applicant has completed the following: (1) A service agreement form has been completed in full; (2) The applicant has no unresolved violations of this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency. (d) The City reserves the right to revoke a granted permit at any time for failure to comply with this Chapter or to protect the health and safety of the public. (b) Any person whose permit is denied may: (1) Resubmit a fully completed service agreement; (2) Submit evidence that any violation with this Chapter 24,Texas Commission on Environmental Quality or U.S. Environmental Protection Agency has been resolved; or (3) Make an appeal to the Director. Sec. 24-206. — Permit compliance requirements. (a) Recyclables service providers must maintain a valid permit. (b) Service providers must submit quarterly reports (1) Reports are submitted by calendar quarter. (2) Reports should be provided by physical or electronic submission to the Director. (3) Reports shall contain: i. Service provider's name, address,date, and quantity(weight or volume)of material sent for diversion or disposal ii. Name of facility where material was sent iii. Name of facility where residuals were sent (c) Incomplete reports will not be accepted for filing and will be returned.Such reports will be considered untimely if not completed and returned within the deadline specified in subsection(4). Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 18 of 21 (d) Decals: 1. Decals issued by the City shall be placed in a visible location by the permittee(s) upon all collection and transportation vehicles operating within the City. 2. Decals shall be current pursuant to the schedule in Section 24-208 and valid in accordance with the requirements of this subsection. 3. Decals must be clearly legible. Sec. 24-207.— Permitting effective date and renewal. (a) Permits are issued and renewed annually beginning December 1 preceding the next calendar year during which the permit will be effective. (b) The permit's effective period is January 1 through December 31 of the same calendar year. (c) Permit fees are not prorated. (d) All permits, regardless of the date of issuance,will expire on December 31 of the year in which the permit became effective. (e) The application process shall be initiated, and fees shall be paid by November 15 for the upcoming calendar year so that adequate time is available for review and processing of the application. (f) Permittees currently permitted and choosing to reapply for a permit shall renew permits for the upcoming calendar year by submitting a renewal application by November 15. (g) All fees shall be paid with the renewal application. (h) The timely submission of a complete renewal application and the relevant fees will suffice to authorize the continuance of operations beyond December 31 until such time that the City makes a final determination on the approval of a permit renewal application. Sec. 24-208. - Reissuance of lost and damaged decals. (a) In order to have a duplicate decal issued,the original applicant for a permit must provide all information required in Section 24-203(b). (b) Any applicant seeking a duplicate decal shall submit sufficient evidence of the damage to the decal. (c) No fee will be imposed for a duplicate decal. Sec. 24-209.—Violations. (a) The City may issue a "No Operations"declaration and assess all applicable permit violation fees from the service provider if a service provider: (1) Operates a vehicle within the City which has not been permitted; (2) Operates any piece of equipment with an expired permit; (3) Performs some other permit violation; or (4) Does not make payment of the appropriate fees in a timely manner. (b) Once a service provider has been issued a "No Operations"declaration from the City,all services to be provided within the City are required to cease. (c) Each day and act of illegal operations during a "No Operations" period is a separate violation;any person, entity,or business engaged in the collection and transport of waste who violates the"No Operations" requirement prior to receipt of a permit or during any suspension of a permit period may be charged by Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 19 of 21 the City an amount as established in the Utility Rate Ordinance per day for each day and act of violation of this ordinance. (d) Following the receipt of a "No Operations" declaration and prior to a service provider being reinstated to legally operate within the jurisdiction of the City,the service provider must meet with the City staff to update its application and service agreement. Once updated,the status of the permit will be determined. The City may reinstate, decline to renew,or revoke the permit. If the City agrees to reinstate the permit, the service provider must make payment of all monies owed to the City before the permit will be reinstated. Sec. 24-210. —24-299.— Reserved. Article VII. POSSESSION OF OPEN GLASS CONTAINERS IN FRY STREET DISTRICT Sec. 24-300. Definitions. The following words,terms and phrases,when used in this article,shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Fry Street District refers to the area as described in Zoning Ordinance No.2000-045 as the Fry Street District. The Fry Street District is generally bounded by Welch Street to the east,Oak Street to the North,Ave. B to the northwest,Ave.A to the southwest, Mulberry Street to the southeast,and Hickory Street to the southwest,which is depicted in Exhibit A* attached to Ordinance No. 2005-256 and made a part hereof by reference. Glass container means any glass bottle or receptacle,closed or capable of being closed. Sec. 24-301. Prohibition of open glass containers. (a) Prohibitions. No person shall possess within the Fry Street District upon or immediately adjacent to any right- of-way,street,sidewalk, pedestrian way,or parking area,any glass container which is open or has been previously opened except for use on the premises where the glass containers are acquired. (b) Exemptions. Notwithstanding any other provision of this section, nothing in this section shall prohibit the possession of the following glass containers in the Fry Street District: (1) Baby bottles containing products for consumption by babies; (2) Glass drug containers containing prescription drugs; (3) Glass containers that are being transported in a trash bag directly to a trash or recycling container for disposal or recycling purposes; (4) Glass lined vacuum picnic containers or thermos bottles,and (5) Any container as permitted by Texas Alcoholic Beverage Code Ann.28.10(b). Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 20 of 21 Sec. 24-302. Discretion of police officer. Whenever any police officer shall, in the exercise of reasonable judgment,decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 24-101(a), he may, if he deems it necessary for the preservation of public peace and safety,order that person to leave that place and surrender the open glass container.Any person who shall refuse to leave or surrender an open glass container after being ordered to do so by a police officer shall be in violation of this section. Created: 2023-02-17 10:53:49 [EST] (Supp.No.33) Page 21 of 21 K� crry 3. OF DENTON City of Denton _� t Proposed Solid Waste Ordinance Update to Include Commercial Diversion Tammy Clausing Assistant Director Solid Waste and Recycling Department April 4, 2023 Agenda • Background • Metrics/Trends/Problems • Components of the Commercial Diversion Article • Public Engagement Opportunities • Public Meeting Feed Back • Solid Waste Ordinance Updates • Next Steps • Request for Direction DENTON April 4, 2023 ID23-383 Background • July 2022 - Adopted Comprehensive Solid Waste Management Strategy • Alignment with Council's Key Focus Area of Promoting Sustainability and the Environment • November 2022 - Council Work Session on introduction Comprehensive Diversion Ordinance (CDO) DENTON April 4, 2023 ID23-383 Metrics/Trends/ Problems • Current Commercial Diversion Rate is 3% equaling 2,448 tons • Current Commercial Recycling Participation Rate is 17% equaling 483 customers • 2020 Waste Characterization Study showed that 42%-55% Commercial trash comprised of programmatic materials • Donation Box concerns • Northlakes Recycling Center Update • Solid Waste Ordinance inadequacies • Limited enforcement capability for illegal containers, overflowing materials, and contamination • The Service Assistance (Porch Collection) Program and Valet Services are not considered • Outdated 3rd Party Permitting and Yard Waste articles • Commercial Recycling/Diversion is not required cm or' DENTON April 4, 2023 ID23-383 Components of the Commercial Diversion Article • Require ALL entities to implement a diversion/recycling program • Requirements from Customers • Submit a diversion plan annually • The choices for diversion of Programmatic Materials will be contract with the City of Denton or a 3rd Party • The choices for Non-Programmatic Materials will be contract with a 3rd Party or perform in-house • Requirements from 3rd Party Diversion Vendors or In-House programs • Obtain Permit with City (currently implemented) • Send quarterly diversion tonnages to the City DENTON April 4, 2023 ID23-383 Public Engagement Opportunities • Mailings to commercial/multifamily customers informing them of the Commercial Diversion Article and opportunities to comment • Made online public comment available starting Feb. 3 • Held Public Meeting at the Civic Center on Feb. 16 • Posted Redline and Clean versions of revised the Solid Waste Ordinance on Feb. 28 thru April 4t" for continued public comment DENTON LM w April 4, 2023 ID23-383 Public Feedback • Concerns with legal non-conform i ng/g ra ndfathered properties, unique layouts, and enough room for another container • Assured meeting attendees that we would handle unique situations and layouts individually and create a plan/solution that fit their business • Asked for clearer wording on what type of diversion would be acceptable • In our letter to commercial businesses and online Diversion Plan portal for implementation of Commercial Diversion Article we would outline acceptable diversionary materials. For example used motor oil, plastic film, textiles, scrap metal all are non-programmatic materials that are acceptable for a diversion plan. DENTON April 4, 2023 ID23-383 Ordinance Updates • The City will remain sole provider of residential trash and recycling of programmatic materials and commercial trash • Include Porch Collection Service, Valet Services, and Commercial Diversion • Update 3rd Party Permitting and Yard Waste articles • Updates for illegal containers, overflowing materials, and contamination • Which may lead to other ordinances updates to help with implementation DENTON April 4, 2023 ID23-383 Status and Next Steps Public Meeting Feb. 16 Draft Ordinance Council Work Session Completed Feb. 28 P.U.B & Council Approval Implementation Start March 2023 June 2023 June 2024 February 2023 April 2023 December 2023 P.U.B Work Session Mar. 27 Outreach Start Implementation Completion DENTON April 4, 2023 ID23-383 What does implementation look like? • Phases • There will be five groups made from the 2803 commercial customers • Each group will be phased by months over a five month period starting in June 2023 • Communications • A letter will be sent out as each group/phase comes online • Customers who are currently commercial recycling customers with the City of Denton will receive a letter stating the new ordinance and informing the customer that they don't need to do anything unless they change/update their diversion plan • Customers will be given a six month time frame to implement/submit their diversion plan • Feedback and reporting • SWR team will be following up with customers as needed based on their grouping and diversion plan cm � 1 DENTON April 4, 2023 ID23-383 Request for Direction • To move forward with rewrite of Solid Waste Ordinance and include a Commercial Diversion Article • Other Direction DENTON April 4, 2023 ID23-383 Discuss'ion and Q Tammy Clausing Assistant Director Solid Waste and Recycling Department DENTON April 4, 2023 ID23-383 K� crry 3. OF DENTON City of Denton _� t Proposed Solid Waste Ordinance Update to Include Commercial Diversion Tammy Clausing Assistant Director Solid Waste and Recycling Department March 27, 2023 Agenda • Background • Metrics/Trends/Problems • Components of the Commercial Diversion Article • Public Engagement Opportunities • Public Meeting Feed Back • Solid Waste Ordinance Updates • Next Steps • Request for Direction DENTON March 27, 2023 PUB 23-038 Background • July 2022 - Adopted Comprehensive Solid Waste Management Strategy • Alignment with Council's Key Focus Area of Promoting Sustainability and the Environment • November 2022 - Council Work Session on introduction Comprehensive Diversion Ordinance (CDO) DENTON March 27, 2023 PUB 23-038 Metrics/Trends/ Problems • Current Commercial Diversion Rate is 3% equaling 2,448 tons • Current Commercial Recycling Participation Rate is 17% equaling 483 customers • 2020 Waste Characterization Study showed that 42%-55% Commercial trash comprised of programmatic materials • Donation Box concerns • Northlakes Recycling Center Update • Solid Waste Ordinance inadequacies • Limited enforcement capability for illegal containers, overflowing materials, and contamination • The Service Assistance (Porch Collection) Program and Valet Services are not considered • Outdated 3rd Party Permitting and Yard Waste articles • Commercial Recycling/Diversion is not required 4.1' amm DENTON March 27, 2023 PUB 23-038 Components of the Commercial Diversion Article • Require ALL entities to implement a diversion/recycling program • Requirements from Customers • Submit a diversion plan annually • The choices for diversion of Programmatic Materials will be contract with the City of Denton or a 3rd Party • The choices for Non-Programmatic Materials will be contract with a 3rd Party or perform in-house • Requirements from 3rd Party Diversion Vendors or In-House programs • Obtain Permit with City (currently implemented) • Send quarterly diversion tonnages to the City DENTON March 27, 2023 PUB 23-038 Public Engagement Opportunities • Mailings to commercial/multifamily customers informing them of the Commercial Diversion Article and opportunities to comment • Made online public comment available starting Feb. 3 • Held Public Meeting at the Civic Center on Feb. 16 • Posted Redline and Clean versions of revised the Solid Waste Ordinance on Feb. 28 thru April 4th for continued public comment DENTON LM w March 27, 2023 PUB 23-038 Public Feedback • Concerns with legal non-conform i ng/g ra ndfathered properties, unique layouts, and enough room for another container • Assured meeting attendees that we would handle unique situations and layouts individually and create a plan/solution that fit their business • Asked for clearer wording on what type of diversion would be acceptable • In our letter to commercial businesses and online Diversion Plan portal for implementation of Commercial Diversion Article we would outline acceptable diversionary materials. For example used motor oil, plastic film, textiles, scrap metal all are non-programmatic materials that are acceptable for a diversion plan. DENTON March 27, 2023 PUB 23-038 Ordinance Updates • The City will remain sole provider of residential trash and recycling of programmatic materials and commercial trash • Include Porch Collection Service, Valet Services, and Commercial Diversion • Update 3rd Party Permitting and Yard Waste articles • Updates for illegal containers, overflowing materials, and contamination • Which may lead to other ordinances updates to help with implementation DENTON March 27, 2023 PUB 23-038 Status and Next Steps Public Meeting Feb. 16 Draft Ordinance Council Work Session Completed Feb. 28 P.U.B & Council Approval Implementation Start March 2023 June 2023 June 2024 February 2023 April 2023 December 2023 P.U.B Work Session Mar. 27 Outreach Start Implementation Completion DENTON March 27, 2023 PUB 23-038 What does implementation look like? • Phases • There will be five groups made from the 2803 commercial customers • Each group will be phased by months over a five month period starting in June 2023 • Communications • A letter will be sent out as each group/phase comes online • Customers who are currently commercial recycling customers with the City of Denton will receive a letter stating the new ordinance and informing the customer that they don't need to do anything unless they change/update their diversion plan • Customers will be given a six month time frame to implement/submit their diversion plan • Feedback and reporting • SWR team will be following up with customers as needed based on their grouping and diversion plan 4.1' amm 1 DENTON March 27, 2023 PUB 23-038 Request for Direction • To move forward with rewrite of Solid Waste Ordinance and include a Commercial Diversion Article • Other Direction DENTON March 27, 2023 PUB 23-038 Discuss'ion and Q Tammy Clausing Assistant Director Solid Waste and Recycling Department DENTON March 27, 2023 PUB 23-038