2011-008ORDINANCE NO. 2011-008
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF
RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NO. 2010-231 AS
AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS SOLELY AS TO THE COMMERCIAL SOLID WASTE COLLECTIONS
SERVICES RATES (SCHEDULE SWC) AND THE COLLECTION AND TRANSPORTATION
SERVICES PERMIT RATE (SCHEDULE SWP); PROVIDING THAT EXCEPT FOR THOSE
SPECIFIC CHANGES MADE TO SCHEDULES SWC AND SWP, THAT ALL OF THE
REMAINING PROVISIONS OF ORDINANCE NO. 2010-231 SHALL REMAIN IN FULL
FORCE AND CONTINUOUS EFFECT; PROVIDING FOR A REPEALER; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, since the approval of the FY 2010-2011 Solid Waste rate ordinance on
September 14, 2010, the City has adopted the "Downtown Implementation Plan," The Solid
Waste Department subsequently has developed container rates for residential and commercial
customers within the Square District, and has included them in this amended FY 2010-2011
Solid Waste Rate Ordinance in the amended Schedule SWC. The Solid Waste Department
proposes to initiate a pilot program for collections, beginning during January 2011, which would
provide refuse and recyclables collections services within the Square District area using front-
load containers. It is anticipated that the pilot program will continue for approximately six (6)
months, more or less. During the pilot program period the Solid Waste Department will provide
the necessary collection services based on the volume of materials placed out for collection. This
period will provide the Solid Waste Department the necessary flexibility to adjust collection
services of refuse and recyclables in order to achieve the optimum mix of containers placed
within the Square District and their optimum frequency of service; and
WHEREAS, it has also been recently noted by City staff that several restaurants within
the City, have begun to allow used cooking oil/grease collectors to place storage containers for
these commodities outside of their buildings, within the restaurant site area. Staff hereby
proposes that charges be added for the placement of collection containers on the ground or
within the right-of-way to additional service categories within the Collection and Transportation
Services Permit (Schedule SWP) at the same rates as other containers are currently charged; and
WHEREAS, there are several inadvertent omissions that were left off of the FY 2010-
2011 Solid Waste Rate ordinance, being Ordinance No. 2010-221, which are hereby inserted and
included within the Collection and Transportation Services Permit (Schedule SWP); and
WHEREAS, the above-referenced proposed amendments made to the "Commercial Solid
Waste Collection Services" Rate (Schedule SWC) and to the "Collection and Transportation
Services Permit" Rate (Schedule SWP) are contained in amended schedules SWC and SWP that
are attached hereto and which are and incorporated herewith by reference; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The preamble stated hereinabove is hereby made a part of this ordinance
for all purposes.
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SECTION 2. This ordinance amends two schedules of the Solid Waste Rate Ordinance
enacted by the Council on September 14, 2010, being Ordinance No. 2010-221, by adding
several provisions to the "Commercial Solid Waste Collection Services" (Schedule SWC); and
by adding several provisions to the "Collection and Transportation Services Permit" (Schedule
SWP); and otherwise providing that all of the other remaining provisions of Ordinance No.
2010-221 shall be unaltered and unchanged and shall remain in full force and continuous effect
from and after October 1, 2010; and
SECTION 3. The charges for Solid Waste collection services as authorized by Section
24-42(b) of Article II, Section 24-66 of Article III and Section 24-4 of Article I of Chapter 24;
and by Section 32-90 of Article IV of Chapter 32 of the Code of Ordinances of the City of
Denton, Texas, are hereby established as follows:
SOLID WASTE RATE SCHEDULES
PAGE
SWC Commercial Solid Waste Collection Services 3
SWP Collection and Transportation Services Permit 11
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SCHEDULE SWC
COMMERCIAL SOLID WASTE COLLECTION SERVICES
(Effective 02101111)
APPLICATION
Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property
not entitled to receive residential refuse collection service shall be required to have commercial
solid waste collection service provided by the City of Denton.
New commercial business development and redevelopment will be provided solid waste
commercial refuse and recycling services, as outlined in the Denton Development Code and the Site
Plan Criteria Manual.
MONTHLY RATE
Commercial refuse collection services are provided through a volume-based rate system.
Refuse will be collected in city approved or city provided containers only. All non-city owned
containers shall have a container permit affixed to the outside of each container in a location that
is clearly visible when viewed by Solid Waste Department employees, from the front of the
collection site.
Should any other fees and/or charges be established by any other authorized governmental entity,
those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city
shall recover those additional costs from the customer.
A. PERMANENT FRONT LOAD CONTAINER SERVICE
(Long Term Scheduled Service)
1. 8 CUBIC YARD CONTAINER
Front Load
Pickups
Cubic Yards
Rate Per
Per Week
Per Week
Bill
1
8
$126.00
2
16
$256.00
3
24
$386.00
2. 6 CUBIC YARD CONTAINER
Front Load
Pickups
Cubic Yards
Rate Per
Per Week
Per Week
Bill
1
6
$104.00
2
12
$211.00
3
18
$319.00
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3. 4 CUBIC YARD CONTAINER
Front Load
Side Load
Pickups
Cubic Yards
Rate Per
Rate Per
Per Week
Per Week
Bill
Bill
1
4
$82.00
$101.00
2
8
$165.00
$205.00
3
12
$251.00
$310.00
4. 3 CUBIC YARD CONTAINERS
Front Load
Side Load
Pickups
Cubic Yards
Rate Per
Rate Per
Per Week
Per Week
Bill
Bill
1
3
$67.00
$83.00
2
6
$135.00
$169.00
3
9
$206.00
$256.00
The Solid Waste Department will establish rates to recover the full cost of service for
collection services at frequencies greater than three times per week.
5. CONTAINER EXTRA SERVICE (For a container reload and extra empty)
Container Size
Collection Service Fee
3 CY container
$39.00 / service
4 CY container
$44.00 / service
6 CY container
$57.00 / service
8 CY container
$72.00 / service
B.
These extra service fees apply if the truck, while on its scheduled route, remains on-site
to provide the additional service and the driver waits while the customer reloads the
container. On-site waiting time in excess of fifteen (15) minutes will be charged to the
customer at the rate of $85.00 per hour. Waiting time will be billed in fifteen-minute
increments.
If the driver is called in from off-site to provide same day extra service, there is a $50.00
same day service charge, plus the applicable collection service fee.
COMMERCIAL CART SERVICE
Commercial cart service is not available city-wide. In those areas where commercial cart
collection is available, small quantity waste generators, generating less than one cubic
yard of refuse per week, may contract for once per week cart service. All waste must be
contained in the cart, and the cart set out for collection no later than 7:00 AM on the
scheduled collection day. Large household item collection services are not provided for
commercial cart service customers.
One (1) pickup per week service:
Cart Capacity 1 Cart 2 Carts
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Large $21.50 / bill $41.00 / bill
A maximum of two carts are available. Service above this level will require the customer
to subscribe to front load container service.
Extra empties performed while on-site will be provided at the one-cart rates listed above.
C. TEMPORARY FRONT LOAD CONTAINER SERVICE
(Short Term Service)
Container Size Monthly Rental Collection Service Fee
4 CY container $74.00 $80.00 / service
8 CY container $74.00 $109.00 / service
Temporary service accounts incur container delivery charges to initially place the containers.
Temporary containers may be placed on residential property for up to 30 days, with no more
than three such 30-day periods per year.
D. ROLL-OFF OPEN TOP CONTAINER SERVICE
Container Size
Monthly Rental
15 CY container
$117.00
20 CY container
$129.00
30 CY container
$152.00
Collection and Transportation Service Fees will be $235.00 for scheduled hauls and $255.00
(exclusive of disposal costs) for demand response hauls. Landfill Fees will be charged
separately based on the weight or volume of the hauled materials times the appropriate
landfill rate (See Schedule SWL).
Customers that request the driver wait while they reload the container, in order for the
City to provide an additional empty(s), will be charged the collection service fee and on-
site waiting time in 15 minute increments at the rate of $85.00 per hour.
Construction and demolition material (C&D) collections will be at the following rates
provided with 30 cubic yard containers.
a) Container Rental: $137.00 / month (30 CY container)
b) Collection Service: $255.00 / haul (demand response)
Open Top containers located within the city's right-of-way will incur a charge of
$5.00 for each day or portion of a day that they are in the right-of-way.
The Solid Waste Department will establish rates to recover the cost of service for
unlisted container sizes.
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E. ROLL-OFF COMPACTOR CONTAINER SERVICE
Container Size
Monthly Rental
20 CY compactor
$363.00
30 CY compactor
$413.00
35 CY compactor
$492.00
42 CY compactor
$600.00
Receiving container $152.00
Collection and Transportation Service Fees will be $235.00 for scheduled hauls and
$255.00 (exclusive of disposal costs) for demand response hauls. Landfill Fees will be
charged separately based on the weight or volume of the hauled materials times the
appropriate landfill rate (See Schedule SWL).
Self-contained compactors located within the city's right-of-way will incur a charge of
$5.00 for each day or portion of a day that they are in the right-of-way.
The Solid Waste Department will establish rates to recover the cost of service for
unlisted container sizes.
F. 6 CUBIC YARD COMPACTOR SERVICE
Pickups per week Monthly Rental Collection Service Fee
1 $132.00 $162.00 / month
2 $132.00 $462.00 / month
3 $132.00 $769.00 / month
4 $132.00 $1,077.00 / month
G. SHARED COMMERCIAL CONTAINERS - SQUARE DISTRICT
Shared container collection services which include both refuse and recyclables collections at
each business site within the Square District of the City of Denton's Downtown
Implementation Plan area will be provided for the charges listed below. The rates listed
below are subject to change following a review of pilot program operations and services
provided.
Shared commercial container customers must have at least one (1) cubic yard (CY) of
service per customer per week. The use of shared commercial containers shall be
determined by the Solid Waste staff. Rates will include the additional monitoring, billing,
and administrative costs associated with this service.
$21.50 for one CY of service.
$16.50 / CY for each CY of refuse or recyclable materials collected for two CY's or more.
Each shared container customer, with collection services of two cubic yards or more, will be
billed a monthly administrative charge of $2.00 on their utility bill.
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Each multi-family living unit will be billed $21.50 monthly for the refuse and recycling
collection services provided.
Property owners within the Square District may have containers on their property if they
choose not to use the shared container service.
H. MINIMUM COMMERCIAL CHARGE
A minimum charge of $21.50 per month refuse bill will be charged to all non-cart
commercial solid waste customers.
Should any other fees and/or charges be established by any other authorized governmental
entity, those fees and/or charges will be added to the monthly rate stated hereinabove in
order that the city shall recover those additional costs.
Shared accounts are subject to other applicable service fees.
J. BILLING
Commercial accounts will either be billed monthly or bi-weekly, depending upon the
discretion of the General Manager, Solid Waste Services.
K. SPECIAL WASTE
Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the
Texas Municipal Solid Waste Management Regulations and is conditional upon the waste
requested for disposal. Acceptance of special waste is subject to Federal and State laws
and regulations, and the City of Denton has the right to refuse to accept or collect special
waste at their discretion. Charges, approved by the General Manager, Solid Waste, for the
collection and disposal of special waste, will be established based on the type of special
waste, and the requirements for collection and disposal of the waste.
L. SERVICE REQUIREMENTS
Equipment Use: The Equipment, whether one or more pieces, furnished by the City,
shall at all times be considered the property of the City. Customer shall keep the
Equipment free and clear of all levies, liens and encumbrances. Customer shall not
modify the Equipment or use it for any purpose other than as set forth herein. The City
shall repair, as necessary, the Equipment(s) furnished. The Customer, however, agrees to
be solely responsible for any damages to or loss of Equipment resulting from any
negligent acts or misuse by the Customer or Customer's agents or employees, or invitees.
The City may temporarily replace the size and/or the type of Equipment contracted for
with one or more pieces of Equipment(s) of equivalent capacity for the purposes of
repairing the Equipment. Customer agrees that the Equipment is in the Customer's care,
custody, and control at all times.
Equipment Location: Customer shall provide an accessible location for the Equipment that
is safe and provides adequate and legal clearance. This means that for a radius of at least
five (5) feet around the Equipment there will be no objects or obstructions other than
enclosures that meet City-required clearance standards. No container shall be set closer than
two (2) feet to any structure (exception: a bollard in an enclosure). Additionally, the path
that the City's Service truck must take on Customer's premises, must provide a minimum
clearance on each side of the City's truck of at least two (2) feet. Overhead clearance of
twenty-five (25) feet is required for roll-off containers, and twenty (20) feet for front and
side load containers. Failure to maintain or provide these minimum clearances will result in
the City's refusal to pay any and all damage claims and/or to service the container.
Customer will be solely responsible for providing access to the Equipment at all times, and
agrees that Customer shall not be relieved of payment of any charges for Services contracted
for, but not provided by the City, because of Customer's failure to maintain continuous
prescribed access to the Equipment. Outside of normal wear and tear, the maintenance
required to place the Container at another location will be charged to the Customer.
Indemnification and Hold Harmless. Customer agrees that the City will not be liable to
Customer. Customer shall defend, indemnify and hold the City harmless from any and all
claims made by Customer's lessor or Customer's lessee at the Service location, and any and
all claims made by any other person having an interest in the property situated at the Service
location, for any loss, damage or deterioration of the pavement, surface or subsurface
materials or facilities at the Service location by reason of use thereof by the City's trucks
that are used to Service the Equipment. Customer agrees to release, indemnify, defend and
hold harmless the City of Denton, Texas from and against any and all claims for damages to
enclosures or screening devices, from solid waste Equipment which do not have an access
opening of at least twelve (12) feet inside diameter (ID) for front-load Equipment; and
fifteen (15) feet (ID) for roll-off Equipment. Customer further agrees to release, indemnify,
defend and hold harmless the City of Denton, Texas, from and against any and all claims of
damages related to the furnishing of commercial solid waste service performed by the City.
M. MISCELLANEOUS SERVICE CHARGES
A delivery fee of $95.00 per container will be charged to all customers for roll-off
containers. A delivery fee of $75.00 per container will be charged to all customers for front
load or side load containers.
A relocation fee of $95.00 will be charged for each roll-off container that is relocated at the
customer's site, unless relocation occurs during a service. Front load and side load container
relocations are charged $75.00 per service.
A $50.00 fee will be charged for each request for same day service. The Solid Waste
Department Customer service personnel must receive on-demand service requests prior to
11:00 A.M. on the day service is requested in order to provide same day collection service.
An access fee will be charged for containers that present accessibility problems, and/or
require additional services or time. Containers that are inaccessible at the time of collection
will be charged an inaccessible fee of $95.00 for roll-off containers and $75.00 for all other
containers. On-site waiting time will be charged in fifteen (15) minute increments at the rate
of $85.00 per hour.
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A $200.00 fee will be charged for the Solid Waste Department's installation or removal of
container locks.
Loaded side-load containers shall not exceed a total weight of one ton. Loaded front-load
containers shall not exceed a total weight of two tons. Any container evaluated by the
City's collection manager to contain excess weight shall be emptied by the customer to the
level determined by the collection manager prior to being serviced. Tickets and/or fines for
overweight roll-off loads, and the city's administrative costs, are the responsibility of the
customer, and shall be paid by the customer.
Other commercial services may be provided at fees established by the Solid Waste Division,
and approved by the General Manager, Solid Waste Services. The fees established will
recoup the costs and administration of the special services provided.
For containers, a commercial solid waste service deposit is required. Customers shall be
assessed a deposit of $200.00, for up to four containers. Deposits for additional containers
are $50 per container. Payments to the City that are not received within the due date will
result in the customer's deposit being increased during the next billing cycle. The deposit
increase will be based upon the customers billing history. To continue receiving service, the
customer is required to remit the previous service balance owed and the increased deposit
charges. The General Manager, Solid Waste Services, or designee, may waive the deposit
based upon the review of the customer's credit history and other criteria.
N. NO PARKING ZONE FEES FOR CONTAINERS IN RIGHT-OF-WAY
No Parking Zone fees provide for an identifiable and painted area in the street which is
designated as a vehicular No Parking Zone, which provides for road clearance, allowing the
city's trucks to always have accessibility to the customer's container. The No Parking Zone
is designed to prevent the container from being blocked by another vehicle, and therefore
eliminates additional service fees from being charged to the customer, and the need for the
city's truck driver to return to the customer's address and empty the container once a vehicle
blocking a container has moved.
Customers may secure a dedicated No Parking Zone for front load and side load containers
by completing an application with the City Traffic Engineer. The initial application and first
calendar year fees are:
1. Single length No Parking Zone for each front load container is $175 for the initial
calendar year.
2. Extra length No Parking Zone for each side load container is $350 for the initial
calendar year.
Renewal fees for each subsequent calendar year will be:
1. $2.80 per month for each single length front load No Parking Zone. This fee will be
billed monthly on the customer's utility bill.
2. $5.50 per month for each extra length side load No Parking Zone. This fee will be
billed monthly on the customer's utility bill.
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O. CONTAINER CLEANING SERVICES
Commercial container cleaning services are available for commercial customers using
front load or side load containers. The service is a subscription service this is electable by
the customer. Customers electing to utilize the scheduled services are required to sign up
for the services for a minimum of one year. The customer's one year service period may
extend across two city fiscal years.
Commercial containers will not be picked up and transported to the landfill for cleaning
until they have been emptied by city crews during the customer's normal scheduled
collection service. Only empty containers will be transported and cleaned.
Shared commercial container customers that desire to have their containers cleaned shall
determine the monthly amount to be billed to each customer, which when totaled shall equal
the monthly rates for scheduled services or the on-demand service rate.
Quarterly Cleaning Service
Semi-annual Cleaning Service
On-Demand Cleaning Service
$30.00 / month
$15.00 / month
$150.00 / container cleaning
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SCHEDULE SWP
COLLECTION AND TRANSPORTATION SERVICES PERMIT
(Effective 02/01 A 1)
APPLICATION
Any person, entity, or business engaged in the collection and transport of waste or recyclables,
including but not limited to municipal solid waste, special wastes, hazardous wastes, liquid wastes,
and those wastes or recyclables the city does not collect and transport, must possess a current permit
issued from the city prior to providing collection and transportation services for materials collected
and transported within the city limits of Denton.
Permits for collection and transportation services are required for, but are not limited to, the
following wastes and recyclables classifications:
• Special Waste
• Medical Waste
• Hazardous Waste
• Restaurant Oil and Grease Waste
• Grease & Grit Trap Waste
• Commercial and Industrial Recyclable Materials
• Residential Recyclable Materials
• Construction and Demolition (C&D) waste, recyclables, reusables, and discarded C&D
materials
• Waste and recyclable collection service providers operating in newly annexed areas, or
contract service providers for the city
The person applying for a permit will make application through the city on forms provided for that
purpose, and shall pay the required application fees at the time of permit application. Application,
service, container, and right-of-way fees must be paid prior to the issuance of the permit. Fees
calculated as a percentage of gross revenues will be paid to the city a minimum of quarterly.
All permits are non-transferable and are granted as non-exclusive service permits. Granting permits
will be at the discretion of the city to meet the needs of the community. The permit applicant must
pay the required fees, and meet all permit requirements prior to the issuance of a permit. Applicants
with a Texas Commission of Environmental Quality (TCEQ) poor compliance history may not be
permitted.
GRANTING OF PERMIT
As a condition of granting a permit, the person or entity receiving such permit (permittee) agrees to
execute and comply with all requirements of the service agreement, carry specific types and
amounts of insurance, submit reports, and timely pay the necessary fees. Following the granting of a
permit, permit stickers shall be issued by the city and placed on all vehicles operating within the city
limits of Denton and on all containers placed within the city limits of Denton. Collection and
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transportation vehicles operating in Denton, and containers set in Denton, are required to display a
current and valid calendar year permit sticker at all times.
Permits are issued annually and are effective from January 1St or the date of issuance, whichever is
later, through December 31 St of the same calendar year. The permit application process should be
initiated and fees should be paid as early as possible during the last quarter of each calendar year for
the upcoming calendar year, so that adequate time is available for review and processing of the
application materials. Submittal of applications by December 1" will eliminate the possibility of
permits being issued after January 1St
City staff, after reviewing the permit application and agreement, and after conducting any necessary
research, may issue the permit, issue the permit with conditions, or deny the issuance of the permit.
The City will establish the number of permits to be issued in each materials category.
EXCLUSIONS
Individuals living within the city limits of Denton, and hauling personal materials, wastes, or
recyclables from their primary living residence are exempt from this requirement.
Any person who transports applicable materials three or fewer times per year, shall register with the
city on the forms provided for that purpose. No annual service fees are required, but registration and
permitting through the city is required.
FEES
Application, service, and container fees are payable at the time of application submittal. Right-of-
way usage fees are due and payable prior to setting a container in the public right-of- way. All fees
are non-refundable. Service and container fees are non-transferable between vehicles, and are unit
specific. Service fees based on a percentage of gross revenues from the collection, disposal,
treatment, processing and transportation services provided within Denton are due quarterly and
require payment to the city within thirty (30) calendar days following the end of each calendar
quarter.
Permittee's are required to provide quarterly payments to the city and will incur additional charges
on all quarterly payment amounts not received by the city during the month following the end of the
quarter. All quarterly payments are to be received by the city during the months listed below:
uarter Payment Received by City
January - March April 20th
April - June July 20th
July - September October 20th
October - December January 20th
If the full payment is not received by the due date (20th day of the month following the end of the
reporting quarter) a penalty of 10% of the amount due will be charged, with an additional 1%
charge due, for late payments beyond 30 days, for each 30 day period the balance due is not
received by the City of Denton.
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The quarterly calculation of a percentage of revenue, of services provided and of materials sales,
requires that the calculation be provided, with complete financial detail, to the city along with the
service fee payment to the city. This written financial disclosure shall provide a detailed explanation
of how all calculated service fees were determined, and shall be provided to the city either quarterly
or monthly, at each required service fee payment period.
Container fees apply to each container placed by the permitee within the city limits of Denton, and
non-city owned containers serviced by the city, but do not apply to residential refuse carts.
Containers are defined as any refuse containment equipment, which can be lifted and emptied using
a special vehicle designed for that use, i.e. which are not emptied manually. Container fees are
established for each cubic yard of container capacity, per container as listed within the FEES FOR
SERVICE CATEGORIES section. All containers require a container permit fee regardless if the
container is or is not placed on the ground.
Permittees choosing not to apply for and make payment for a new collection and transportation and
services permit by December 1St for the upcoming calendar year beginning January 1St will be
assessed a 1 % fee (of the total collection and transportation payments from the current year) or may
not be granted a permit by the City of Denton. If fees are not paid prior to December 31 St, all
unpermitted containers will be removed from their service provider locations beginning January 1"
by the City of Denton.
FEES FOR SERVICE CATEGORIES
Service providers desiring to provide services in more than one service category are required to
complete permit documentation and pay the applicable fees for each specific service category they
desire to provide within Denton's city limits.
A. Special Waste Collection and Transportation Permit
1. Application Fee: $ 1,000 annually.
2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with
2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for
vehicles manufactured from January, 2003 through December, 2006 an additional per
vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an
additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue
from services provided within the city limits [the 5% shall be paid quarterly.]
3. Container Fee of $4.00 per cubic yard, per container, annually.
B. Medical Waste Collection and Transportation Permit
1. Application Fee: $1,000 annually.
2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with
2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for
vehicles manufactured from January, 2003 through December, 2006 an additional per
vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an
additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue
from services provided within the city limits [the 5% shall be paid quarterly.]
C. Hazardous Waste Collection and Transportation Permit
1. Application Fee: $1,000 annually.
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2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with
2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for
vehicles manufactured from January, 2003 through December, 2006 an additional per
vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an
additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue
from services provided within the city limits [the 5% shall be paid quarterly.]
3. Container Fee of $4.00 per cubic yard, per container, annually.
D. Restaurant Oil and Grease Waste Collection and Transportation Permit
Grease & Grit Trap Waste Collection and Transportation Permit
1. Application Fee: $500 annually.
2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with
2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for
vehicles manufactured from January, 2003 through December, 2006 an additional per
vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an
additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue
from services provided within the city limits [the 5% shall be paid quarterly.]
3. Container Fee of $4.00 per cubic yard, per container, annually.
E. Commercial and Industrial Recycling Materials Collection and Transportation Permit
1. Application Fee: $500 annually.
2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with
2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for
vehicles manufactured from January, 2003 through December, 2006 an additional per
vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an
additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue
of the market value of recycled materials and of services provided within the city limits
[the 5% shall be paid quarterly.]
3. Container Fee of $4.00 per cubic yard, per container, annually.
4. If applicable, a Right-of-Way Fee of $4.00 per cubic yard, per container, per month
F. Residential Recycling Materials Collection and Transportation Permit
1. Application Fee: $500 annually.
2. Service Fee: 5% of Gross Revenue from services provided within the city limits [the 5%
shall be paid no less than quarterly.]
G. Construction and Demolition (C&D) Collection and Transportation Permit
a. Large C&D Operators:
1. Application Fee: $500 annually.
2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007
with 2007 Federal Emissions compliant diesel engines or CNG alternate fuel
engines (for vehicles manufactured from January, 2003 through December, 2006
an additional per vehicle fee of $750 will be assessed; for vehicles manufactured
before January, 2003 an additional per vehicle fee of $1,500 will be assessed)
annually and 5% of Gross Revenue from services provided within the city limits
[the 5% shall be paid quarterly.]
3. Container Fee of $4.00 per cubic yard, per container, annually.
4. If applicable, a Right-of-Way Fee of $4.00 per cubic yard, per container, per
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month.
b. Small C&D Operators:
Transporters with no more than three vehicles, including trailers, in which each
vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000
pounds, and with less than five service locations, will be charged:
1. Application Fee: $200 annually.
2. Service Fee: $200 per vehicle annually and 5% of Gross Revenue from services
provided within the city limits [the 5% shall be paid quarterly.]
3. Container Fee of $4.00 per cubic yard, per container, annually.
4. If applicable, a Right-of-Way Fee of $4.00 per cubic yard, per container, per
month.
H. Municipal Solid Waste (MSW) Collection and Transportation Permit
Available only to companies that provide solid waste services in newly annexed areas for
specific periods of time, or are contract service providers for the city.
1. Application Fee: $500 annually.
2. Service Fee: $1,000 per vehicle for vehicles manufactured after January 1, 2007 with
2007 Federal Emissions compliant diesel engines or CNG alternate fuel engines (for
vehicles manufactured from January, 2003 through December, 2006 an additional per
vehicle fee of $750 will be assessed; for vehicles manufactured before January, 2003 an
additional per vehicle fee of $1,500 will be assessed) annually and 5% of Gross Revenue
from services provided within the city limits [the 5% shall be paid no less than
quarterly.]
1. Non-City Owned Refuse Container Permit
For non-city owned refuse containers serviced by the city, the container owner shall pay a
container permit fee of $4.00 per cubic yard, per container, annually, billed on the solid
waste service bill.
SMALL OPERATORS
The following service categories of applicants may additionally qualify as Small Operators for the
purposes of this rate schedule, and shall be charged the Small Operator rates provided below:
a. Special Waste
b. Medical Waste
c. Hazardous Waste
d. Restaurant Oil and Grease
e. Grease & Grit Trap Waste
f. Commercial and Industrial Recyclable Materials
The above listed categories of applicants with less than five service locations within the City of
Denton, and operating with a total fleet of less than three vehicles, including trailers, in which each
vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000 pounds, will be
subject to the following Small Operator rates:
a. Application Fee: $200 annually.
b. Service Fee: $400 per vehicle annually, and 5% of Gross Revenue from services provided
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within the city limits [the 5% shall be paid quarterly.]
c. If applicable, container fees of $4.00 per cubic yard, per container, annually.
d. If applicable, a Right-of-Way fee of $4.00 per cubic yard, per container, per month for
containers in the public R-O-W.
VIOLATIONS P NO OPERATIONS' DECLARATION
If a service provider operates a vehicle within Denton's city limits which has not been permitted, or
uses a container which has not been permitted, or operates any piece of equipment with an expired
permit, or performs some other permit violation, or does not make payment of the appropriate fees
in a timely manner, the city will issue a "No Operations' declaration to the service provider, and
assess all applicable permit violation fees. Once a service provider has been issued a 'No
Operations' declaration from the city, all services to be provided within Denton's city limits are
required to cease. Non-permitted containers may be collected by the city and possessed and stored
by the city until collection, storage, and permitting fees associated with each container are paid to
the City of Denton. Following a meeting with the city staff, and the payment of all monies owed the
city, the status of the permit will be determined.
A business which has not been permitted by the city to operate within the city limits of Denton, or
has been suspended by the city from operating within the city limits of Denton, Texas shall be
charged a sum of up to $500.00 per day by the city, for each day of violation of this ordinance, if the
provider violates the `No Operations' requirement prior to receipt of a City of Denton permit, or
during any suspension of a permit period. Each day of illegal operations during a `No Operations'
period is considered a separate violation and the service provider is subject to being charged a sum
of up to $500.00 for each day of violation. Following the receipt of a `No Operations' declaration
and prior to a service provider being reinstated to legally operate within the city limits of Denton,
the service provider must meet with the city staff to update their application and agreement and
make payment of all monies owed to the city.
REVOCATION OF SERVICES & NON-RENEWAL OF PERMITS
If the city finds any requirement of the permit to have not been met, or violated, or observes
service providers operating within Denton's city limits without current permits, the city may
institute a `No Operations' declaration, and additionally revoke or not renew the service
providers permit, thereby requiring the service provider to cease all operations within the city
limits of Denton.
RECLASSIFICATION OF RECYCLABLES
Recyclables containing five-percent or more contamination, as determined by the City, will be
considered refuse, and its collection may not be provided by service providers permitted under this
ordinance. This material shall be reclassified as refuse and will be collected by the City of Denton.
The General Manager, Solid Waste Services or his designee, will make the final determination on
whether stored recyclables contain excessive contamination, which at the City's determination, may
cause the reclassification of these materials to municipal solid waste (MS W), thereby negating the
ability of a service provider to transport this material within Denton's city limits under their
operating permit as per this ordinance.
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TERM AND RENEWAL
All collection and transportation permits shall be valid for each calendar year, and for not more than
the calendar year for which they are issued.
Permittees shall provide a written application and agreement for permit renewal a minimum of
thirty days prior to the permit expiration to prevent a possible lapse in permitted services.
Applications for renewal shall be processed in the same manner as an initial application. All
upcoming calendar year fees are required to be paid by December 1" of the current year prior to
reissuing the permit for the upcoming calendar year.
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SECTION 4: The General Manager of Solid Waste of the City of Denton is hereby authorized to
deny the use of the City of Denton landfill to any customer who provides false information
regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or
for safety violations committed by a customer within the landfill; or for non-compliance with verbal
and written instructions provided to the customer by Solid Waste Department personnel at the
landfill; or for nonpayment of delinquent funds owed by the customer to the City of Denton, Texas;
or for any violation of the law committed by the customer within the landfill; or for any non-
compliance by the customer with the Texas Commission on Environmental Quality regulations or
policies; or for any non-compliance by the customer with the City of Denton's Code of Ordinances
or rules; or for any violation of the written landfill rules by the customer as posted by the Solid
Waste Department at the entrances to the landfill, from time to time.
SECTION 5: It is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-
8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly
apply to City of Denton Solid Waste service.
SECTION 6: All ordinances or parts of ordinances in force when the provisions of this ordinance
became effective which are inconsistent, or in conflict with the terms or provisions contained in this
ordinance are hereby repealed to the extent of any such conflict.
SECTION 7: If any section, subsection, paragraph, sentence, clause, phrase, or word in this
ordinance, or the application thereof to any person or under any circumstances is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 8: This ordinance shall become effective, charged, and applied only to those solid
waste services rendered by the City of Denton on Commercial Solid Waste Collections Service
Rates (Schedule SWC) and on Collections and Transportation Services Permit (Schedule SWP), on
and after February 1, 2011; and a copy of said rates, fees, and charges shall be maintained on file in
the Office of the City Secretary of Denton, Texas.
PASSED AND APPROVED this the day of V , 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B'
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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