2004-042ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
PROVIDING FOR THE ADDITION OF THE COLLECTION AND TRANSPORTATION
SERVICES PERMIT (SCHEDULE SWP) TO THE SCHEDULE OF RATES FOR SOLID
WASTE SERVICE CONTAINED IN ORDINANCE NO. 2003-351; PROVIDING FOR A RE-
EXAMINATION BY THE CITY COUNCIL WITHIN ONE YEAR FROM THE DATE OF
ENACTMENT OF THIS ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas, after considering all applicable
factors, finds that the following ordinance respecting Chapter 24 of the City of Denton Code of
Ordinances is in the best interests of prudent solid waste management, is necessary, and is in the
interests of the health, safety, and public welfare of the citizens of the City of Denton, and that the
following provisions should be adopted; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
,qF.~2TIONI 1 That the charges for Solid Waste service, as contained and authorized in
Ordinance No. 2003-351, enacted by the City Council on the 21st day of October 2003, are
hereby amended to include all rates, charges, and fees that are contained in the new Schedule
SWP ("Collection and Transportation Services Permit") which we hereby adopt by this
ordinance, effective September 1, 2004. Schedule SWP is attached hereto and is incorporated by
reference herewith.
,qRCTION ~ That the rates, charges, and fees referenced in SECTION 1 hereinabove,
refer to {}24-69 and {}24-70 of Chapter 24 of the City of Denton Code of Ordinances.
,qt~CTIt3N '1 That the City Council shall re-examine this ordinance within one year from
the date of enactment of this ordinance.
,qV. CTION 4 That 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contained in this ordinance are hereby repealed to the extent of any such conflict.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 q That if any section, subsection, paragraph, sentence, clause, phrase, or word
in this ord'mance, 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.
.qF.(2TICIN 6. That this ordinance shall become effective, charged, and applied to all
applicable collection and transportation services permits f~om and after September 1, 2004; and a
copy of said provisions, rates, fees, and charges shall be maintained on file in the office of the City
Secretary.
dayof ~ ~7.~.g~ ~TJ~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: ~ ~ t
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SCl~EDULE SWP
COLLECTION AND TRANSPORTATION SERVICES PERMIT
(Effective 9/01/04)
APPLICATION
Any person, entity, or business engaged in the collection and transport of recyclables or
waste, including but not limited to municipal solid waste, and those wastes or recyclables
the city does not collect and transport, special wastes, and hazardous wastes must possess a
current permit issued from the city prior to providing collection and transportation services
in the city limits of Denton.
Permits for collection and transportation services include, but are not limited to:
· Special Waste
· Medical Waste
· Hazardous Waste
· Restaurant Oil and Grease Waste
· Grease Trap Waste
· Commercial and Industrial Recyclable Materials
· Residential Recyclable Materials
· Construction and Demolition (C&D) waste, recyclables, rensables, 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's Solid Waste
Department on forms provided for that purpose, and shall pay the required application fees
at the fane of application. Application fees, vehicle fees, and container fees must be paid
prior to the issuance of the permit. Fees that are calculated as a percentage of gross
revenues will be paid quarterly.
All permits are non-transferable and are granted as non-exclusive service permits. Granting
permits will be at the discretion of the Director of Solid Waste to meet the needs of the
community. The permit applicant must pay all required fees, meet all requirements
contained in the ordinance, and execute a service agreement prior to the issuance of a
permit.
GRANTING OF PERMIT
As a condition of the granting of a permit by the City, permittees agree to execute and
comply with all requkements of a service agreement, carry specific types and mounts of
insurance, submit reports, and timely pay the necessary fees. Following the granting of a
permit, permit stickers will be issued by the City and placed on all vehicles operating within
the city limits and on all containers set within the city limits of Denton. Collection and
transportation vehicles operating in the City of Denton, and conta'mers set in the City of
Denton are required to display a current permit sticker.
The Director of Solid Waste, or his designee, after reviewing the permit application and
conducting any necessary research, may issue the permit, issue the permit with conditions,
or deny the issuance of the permit. The Director of Solid Waste shall establish the number of
permits to be issued in each materials category.
EXCLUSIONS
Individuals hauling personal materials, wastes, or recyclables fi:om their primary residence
only are exempt from this requirement.
FEES
Application fees are payable at the time of application submittal and shall be submitted to
the Director of Solid Waste, 1527 South Mayhill Road, Denton, Texas. Application,
vehicle, and container fees are due and payable prior to the issuance of a permit.
Application, vehicle, and container fees are non-refundable. Vehicle and conta'mer fees are
non-transferable between vehicles and containers, and are unit specific. Franchise fees and
other fees based on a percentage of gross revenues are due quarterly and require payment to
the Depatmxent of Solid Waste, City of Denton no later than thirty (30) calendar days
following the end of each calendar quarter. Interest charges, late charges, and penalty
charges will accrue for delinquent quarterly payments.
Permits are issued annually and are effective fi:om October 1st or the date of issuance,
whichever is later, through September 30t~ of the following year. This period is the City of
Danton's fiscal year. Fees paid are applicable only for the fiscal year for which they are
paid, except for the initial year. For those applicants that submit a complete application and
fees by August 1, 2004, and for which a permit is granted, their permit term will be fi:om the
period of September 1, 2004 through September 30, 2005.
Conta'mer fees apply to each conta'mer placed by the permittee within the City limits of
Denton, except that container fees do not apply to residential refuse carts. Conta'mers 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 at $3.00 for each cubic yard of container capacity, per container, per fiscal
year. Containers will not be placed in a street, alley, or city right-of-way (ROW). All
containers that are placed in a street, alley, or city ROW will be assessed a usage fee of
$3.00 per cubic yard of container capacity per thirty (30) days. All containers require a
container permit fee regardless if the container is or is not placed on the ground.
Special Waste Collection and Transportation Permit
1. Application Fee: $1,000 annually
2. Vehicle Fee: $1,000 per vehicle annually
Medical Waste Collection and Transpomtion Permit
1. Application Fee: $1,000 annually
2. Vehicle Fee: $1,000 per vehicle annually
Hazardous Waste Collection and Transportation Permit
1. Application Fee: $1,000 annually
2. Vehicle Fee: $1,000 per vehicle annually
Restaurant Oil and Grease Waste Collection and Transportation Permit
1. Application Fee: $500 annually
2. Vehicle Fee: $100 per vehicle annually
Grease Trap Waste Collection and Transportation Permit
1. Application Fee: $500 annually
2. Vehicle Fee: $100 per vehicle annually
Commercial Recycling Materials Collection and Transportation Permit
1. Application Fee: $500 annually
2. Vehicle Fee: $1,000 per vehicle annually
3. Container Fee: $3.00 per cubic yard/per conta'mer annually
Residential Recycling Materials Collection and Transportation Permit
1. Application Fee: $500 annually
2. 4% of Gross Revenue fi.om services provided within the city limits
Construction and Demolition (C&D) Collection and Transportation Permit
a. Large C&D Operators
1. Application Fee: $500 annually
2. Vehicle Fee: $100 per vehicle annually
3. Container Fee: $3.00 per cubic yard/per container annually
b. Small C&D Operators
This definition is limited to Transporters with no more than three (3) vehicles,
including trillers, in which each vehicle does not have a Gross Vehicle Weight
Rating (GVWR) of more than 14,000 pounds. Small C&D operators will be
charged:
1. Application Fee: $50 annually
2. Vehicle Fee: $50 per vehicle annually
3. Container Fee: $3.00 per cubic yard/per container annually
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. 6% of Gross Revenue fi.om services provided within the city limits
RECYCLABLES
Recyclables containing five (5%) pement or more contamination of waste or non-
recyclable materials will be considered refuse, and its collection may not be provided by
service providers permitted under this ordinance. This refuse will be collected by the
City of Denton. The Director of Solid Waste, or his designee, will make the final
determination on whether stored recyclables contain excessive contamination, which may
reclassify the materials as a waste, and are not collectible by service providers operating
with permits covered under this ordinance.
TERM AND RENEWAL
All collection and transportation permits shall be valid for the city's fiscal year for not
more than one (1) fiscal year fi.om the date of issuance, except for the initial year.
Permittees must make a written application for renewal at least sixty (60) days prior to
the permit expiration to prevent a possible lapse in permitted services. The renewal
application will update the information provided in the initial application. Applications
for renewal shall be processed in the same manner as an initial application. All renewal
fees are required to be paid prior to the Department of Solid Waste reissuing the permit.
REVOCATION OR NON-RENEWAL OF PERMITS
If the Director of Solid Waste, or his designee, finds any requirement of the permit to
have not been met, he may at any time assess a penalty, may assess a f'me, may revoke
the applicable permit, may not renew the applicable permit, and/or may require the
person or entity committing any violation or breach of any requirement of this ordinance
to cease operations within the city limits of Denton.
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