O86-07ORDINANCE NO. 86 -7
LIQUID WASTE GENERATION, TRANSPORTATION & DISPOSAL
PREAMBLE
WHEREAS, the City Council of the City of Kennedale, finds that the
unregulated transportation and discharge of liquid waste presents a hazard
to the public health, s.afety and welfare of the citizens of the City of
Kennedale.
WHEREAS, the City Council of the City of Kennedale, finds that unregulated
transportation of liquid waste facilitates the unauthorized discharge of
liquid waste on the land and into streams, creeks and sanitary sewer systems
located in the territorial and extraterritorial limits of the City of
Kennedale; and
WHEREAS, the City Council of the City of Kennedale, finds that previous
ordinances regulating the transportation of liquid wastes, but not regulating
the generator of such waste led to lack of responsibility on the part of
the generator to determine if waste materials were being properly disposed;
and
WHEREAS, Article 21.356 of the Texas Water Code authorizes the City of
Kennedale to enact those ordinances necessary to control and regulate the
type, character and quality of waste which may be discharged to the City
of Kennedale disposal system, to protect the health and safety personnel
maintaining and operating the disposal system and to prevent unreasonable
adverse effects on the disposal system; and
WHEREAS, government is established so as to protect and enhance the public
health, safety and welfare;
NOW; THEREFORE BE IT RESOLVED:
That a model waste ordinance regulating the generators and transporters
of grease trap waste, grit trap waste and septage in metroplex cities is
of utmost importance and need so as to ensure the proper handling and disposal
of these wastes to protect human health and the enviroment.
It is the intention of the City of Kennedale to enact an ordinance designed
to protect and enhance the public health, safety and welfare of our citizens
by regulating the generators and transporters of grease trap waste, grit
trap waste and septage.
Authorization to enact said ordinance is vested in the general police powers
of the City and State and is more specifically granted under the rules
developed by the Texas Department of Health consistent with the Solid Waste
Disposal Act, Texas Civil Statutes, Article 4477 -7, Sec. 4(c) and "Dillon's
Rules ", the latter principal of jurisprudence stating that the City may
enact rules equal to or more stringent than State rules.
This ordinance is directed to be published as required by law and shall
be in effect from and after the 4th day of August, 1986.
PASSED IN OPEN SESSION of the City Council of the City of Kennedale, Texas
on the 10th day of July, 1986.
ATTEST:
APPROVED:
MAYOR STEVt RA6AROVICH
GALA L. KIRK, CITY SECRETARY
ARTICLE 3.5 LIQUID WASTE
DIVISION 1. GENERALLY
SEC.14- 38.151 DEFINITIONS
(a) In this article:
(1) APPROVED- means accepted as satisfactory under the terms of this
article and given formal and official sanction by the approving
authority.
(2) APPROVING AUTHORITY- means the director or any other official
designated. by the City Adminisstrator of -any city party to this
article, or his duly authorized deputy, agent or representative.
(3) DIRECTOR- means the director of the department designated by the
City Administrator to enforce and administer this article.
(4) DISPOSAL- means the discharge, deposit, injection, dumping, spilling,
leaking or placing of any solid or semi -solid grease trap waste,
grit trap waste, and /or septage into or on any land or water so
that such waste or any constituent thereof may enter the
enviroment or be emitted into the air or discharged into any waters,
including ground water.
(5) DISPOSAL SITE- means a permitted site or part of a site at which
grease trap waste, grit trap waste, or septage is processed,
treated and /or intentionally placed into or on any land and at
which said waste will remain after closure.
(6) DISPOSER- means a person win receives, stores, retains, processes,
or disposes of liquid waste.
(7) GENERATOR- means a person who causes, creates, generates, or
otherwise produces liquid waste.
(8) GREASE TRAP- means a water -tight receptacle designed and constructed
to intercept and prevent the passage of greasy, fatty liquid,
semi- liquid, and /or solid wastes generated from commercial
operations into the sanitary sewer system to which the receptacle
is directly or indirectly connected.
(9) GREASE TRAP WASTE- means greasy, fatty liquid, semi- liquid, and /or
solid wastes removed from commercial operations by a grease trap.
(10) GRIT TRAP- means a water -tight receptacle designed and constructed
to intercept and prevent the passage of petroleum based oil, grease
wastes and solids into the sanitary sewer system to which the
receptacle is directly or indirectly connected.
(11) GRIT TRAP WASTE- means petroleum based oil, grease wastes and solids
from commercial automotive or heavy machinery repair and /or washing
facilities.
(12) HAZARDOUS WASTE - means any liquid, semi - liquid or solid waste
(or combination of wastes), which because of its quantity,
concentration, physical, chemical or infectious characteristics
may:
a. have any of the following characteristics; toxic, corrosive,
an irritant, a strong sensitizer, flammable or combustible,
explosive or otherwise capable of causing substantial
personal injury or illness;
h, pose a substantial hazard to human health or th6
environment when improperly treated, stored, transported,
or disposed of, or otherwise improperly managed, and is
identified or listed as a hazardous waste as defined by
the Texas Solid Waste Disposal Act or the Administrator,
U.S. Environmental Protection Agency (EPA) pursuant to
the Federal "Solid Waste Disposal Act ", as amended by the
"Resource Conservation and Recovery Act of 1976" and as
may be amended in the future.
(13) LIQUID WASTE - means water -borne solids, liquids, and,gaseous
substances derived from a grease trap, grit trap,
chemical /portable toilet and /or septic tank and described as a
grease trap waste, grit trap waste or septage.
(14) MANAGER - means the person conducting, supervising, managing or
representing the activities of a generator, transporter or
disposer.
(15) MANIFEST SYSTEM - means a system consisting of a four -part trip
ticket used to document the generation, transportation and
disposal of liquid waste.
(16) OWNER - means the person who owns a facility or part of a
facility.
(17) PERMIT -.means the formal written document issued to a person by
the approving authority authorizing collection of grease trap
waste, grit trap waste and septage.
(18) PERMITTEE - means a person granted a permit under this article.
(19) PERSON - means an individual, corporation (including a government
corporation) organization, government, governmental subdivision
or agency, federal agency, state, political subdivision of a
state, interstate agency or body, business or business trust,
partnership, association, firm, company, joint stock company,
commission, or any other legal entity.
20) POTW - means Publicly Owned Treatment Works
(21) SANITARY SEWER - means a sewer which carries sewage and to which
storm, surface, and ground waters are not normally admitted.
(22) SEPTAGE - means wastes removed from a portable toilet, chemical
toilet or septic tank.
(23) SHALL -means the word "shall" wherever used in this article will
be interpreted in its mandatory sense; "may" is permissive.
(24) SPECIAL WASTES - any solid waste or combination of solid wastes
that, because of its quantity, concentration, physical or
chemical characteristics or biological properties, require
special handling and disposal to protect the human health or the
environment.
(2) SPILL - innans the accidental or intentional loss or unauthorized
discharge of grease trap waste, grit trap waste, and septage.
(26) TANK - means a device, designed to contain an accumulation of
grease trap waste, grit trap waste and septage which is
constructed primarily of non - earthen materials (e.g., concrete,
steel, plastic) to provide structural support for the
containment.
(27) TDH - means Texas Department of Health
(28) TWC — means Texas Water Commission
(29) TOXIC WASTE - means any liquid, semi - liquid, or solid waste
material which has the ability to chemically produce injury once
it reaches a susceptible site in or on the body.
(30) TRANSPORTER - means a person who operates a vehicle for the
purpose of transporting liquid waste.
(31) TRIP TICKET - means the shipping document originated and signed
by the transporter which contains the information required by the
approving authority.
(32) VEHICLE - means a mobile device in which or by which liquid waste
may be transported upon a public street or highway.
DIVISION 2. LIQUID WASTE TRANSPORTATION
SEC. 14- 38.152 PERMIT REQUIRED
(a) A person commits an offense if he operates or causes to be operated a
vehicle for the purpose of transporting liquid waste without -an
applicable permit. A permit shall be issued for transportation of
liquid waste and the approving authority shall designate on the permit
the liquid waste authorized for transportation in the vehicle. A
separate vehicle permit number is issued for each vehicle operated.
(b) A person who desires to obtain a permit must make application on a
form provided by the approving authority.
(c) A person who desires to obtain a permit must submit to the approving
authority at the time of application a photocopy of the manager's
drivers license. The approving authority shall be notified of manager
employment changes during the permit period and shall be provided a
copy of the new manager's drivers license.
(d) The approving authority shall not issue a permit unless the applicant
submits for inspection by the approving authority the vehicle the
applicant proposes to use to transport liquid waste and the vehicle
is found by the approving authority to be constructed and equipped
in accordance with the provisions of this article.
(e) A permit is not transferable.
(f) A permit issued by the City of Kennedale excludes the hauling of
materials that are hazardous in nature.
W Transporters transporting hazardous wastes must have the applicable
Texas Water Commission and U.S. Enviromental Protection Agency
(EPA) registration number and use the appropriate EPA manifest
system.
(h) Each applicant must specify the disposal site or sites to be used
for the authorized disposal of liquid wastes. The approving authority
shall be immediately notified of additional disposal sites used
during the permit period.
SEC 14- 38.153 FEE AND DISPLAY OF PERMIT
(a) The approving authority shall not issue a permit to an applicant
until the appropriate established fee is paid. A person shall
pay a fee of $10.00 for the first vehicle and $10.00 for each
additional vehicle operated by the person. Each permit must be
renewed annually.
(b) The approving authority shall number permits consecutively, and
each permit holder shall cause to be displayed on each side of
each vehicle in a color contrasting with the background in three
inch letters or larger the business name, TDH registration number
and the following :
LIN
The first three letters (KND) shall represent the City of Kennedale
as issuing the permit. The blank space shall contain the permit
number. The permit holder shall place business name, TDH registration
number and the vehicle permit number on each vehicle before the
vehicle is operated. The permit holder shall keep the permit receipt,
or a copy, in the vehicle at all times.
SEC. 14- 38.154 LIQUID WASTE VEHICLES: MAINTENANCE
(a) A liquid waste transporter shall:
(1) Maintain hoses, tanks, valves, pumps, cylinders, diaphrams, pipes,
connections, and other appurtenances on a vehicle in good repair
and free from leaks;
(2) Provide a safety plug or cap for each valve of a tank;
(3) Cause a vehicle exterior to be clean and the vehicle odor -free
at the beginning of each work day.
(b) The approving authority may cause to be impounded a vehicle which is
being operated in violation of this article, and he may authorize the
holding of the vehicle until the violation is corrected. The
approving authority may also revoke the permit for the improperly
operated vehicle. If a vehicle is impounded or if a permit is revoked
an appeal may be filed by the transporter pursuant to Section .
SEC. 14- 38.155 LIQUID WASTE VEHICLES: INSPECTION
(a) A liquid waste transporter's vehicle shall be inspected by the
approving authority prior to the issuance of a vehicle permit with
qualifications as follows:
(1) Use a vehicle with a single tank as an integral portion of
vehicle to transport liquid wastes; portable tanks or other
containers temporarily installed in vehicles are prohibited;
(2) Piping, valves and connectors shall be permanently attached to
tank and /or vehicle;
(3) Tank to be liquid tight;
(4) Tank to be constructed so that every interior and exterior
portion can be easily cleaned;
(5) Piping, valves, and connections shall be accessible and easy to
clean;
(6) Inlet, or opening of tank to be constructed so that collected
waste will not spill during filling, transfer, or during
transport;
(7) Outlet connections to be constructed so that no liquid waste will
leak, run, or spill out from the vehicle;
(8) Outlets to be of a design and type suitable for the liquid waste
handled and capable of controlling flow or discharge without
spillage or undue spray on or flooding of immediate surroundings
while in use;
(9) Pumps, valves, cylinders, diaphragms and other appurtenances to
be of a design and type suitable for the type of waste handled,
capable of operation without spillage, spray, or leakage, and
capable of being easily disassembled for cleaning.
SEC. 14- 38.156 RESPONSIBILITIES OF A LIQUID WASTE TRANSPORTER
(a) Before accepting a load of liquid waste for transportation, a liquid
waste transporter shall determine the nature of the material to be
transported and that his equipment is sufficient to properly handle
the job without spillage, leaks, or release of toxic or harmful
gasses, fumes, liquids, or other substances. Upon delivery of the
waste to the disposer, the transporter shall inform the disposer of
the nature of the waste.
(b) A transporter with a City of Kennedale liquid waste transporter permit
shall not transport materials that are hazardous as defined in Sec.
14- 38.151 (12) in vehicles permitted by the City for transporting liquid
waste.
(c) A transporter holding a City of Kennedale permit must use a disposal
site permitted and approved by the City, or the state, or the federal
government.
(d) A manifest system, consisting of a four -part trip ticket is used to
document the generation, transportation and disposal of all applicable
Uquid waste geuexated in the City of Kennedale and shall be used as
r0110WS:
(1) The trip ticket books are purchased by the transporter from
the City of Kennedale Water Department for an established
fee;
(2) A transporter will complete one trip ticket for each location
serviced, with the exception of chemical /portable toilet
companies servicing their own units. Chemical /portable toilet
companies servicing their own units shall be exempt from
trip tickets requirements but shall be required to submit
a monthly total of volumes disposed and location of disposal
to the approving authority.
(3) White copy of trip ticket signed by transporter and generator
at time of waste collection and Yellow copy maintained by
generator;
(4) White copy of trip ticket signed by disposer at time of disposal
and Pink copy maintained by disposer;
(5) Green copy of trip ticket maintained by transporter;
(6) All completed trip ticket books containing the White copy
of the trip ticket will be delivered at least monthly by
the transporter to the City of Kennedale Water Department;
(7) A copy of all trip tickets shall be maintained for a period
of two years.
DIVISION 3. ACCUMULATION, GENERATION AND DISPOSAL
Sec. 14- 38.157 ACCUMULATION OF LIQUID WASTE
A person commits an offense if he allows liquid waste that emits noxious
or offensive odors or is unsanitary or injurious to public health to accumulate
upon property under his control.
SEC. 14- 38.158 DISPOSAL OF LIQUID WASTE
(a) A person commits an offense if he unloads or offers for sale or
exchanges liquid waste, except at a place permitted by the City
or the state, or the federal government.
(b) A person commits an offense if he deposits or discharges liquid waste
onto a street or into a storm or sanitary sewer of the City of Kennedale
or an area that drains into,the storm sewer system.
SEC. 14- 38..159 RESPONSIBILITIES OF LIQUID WASTE GENERATOR
(a) A generator of liquid waste shall have all liquid waste material
picked up from his premises by a liquid waste transporter who holds a
valid permit from the city and the liquid waste shall be transported
to an approved site for disposal.
(b) A generator of liquid wastes shall not have hazardous wastes or liquid
waste in combination with hazardous waste removed from his premises by
a liquid waste hauler operating under a city permit.
(c) A generator shall sign the trip ticket - from the transporter when a
load is picked up by the transporter and shall keep a copy of all trip
tickets for a period of two years. The approving authority may
inspect these records during normal business hours.
(d) A generator shall:
(1) Install or provide collection device of size and type specified
by approving authority;
(2) Maintain collection device in continuous, proper operation;
(3) Supervise proper cleaning of collection device;
(4) Report spills and accidents involving collection device to
approving authority within 24 hours;
(5) Clean up all spills and accidents immediately and have material
disposed of by permitted transporter by proper means.
SEC. 14- 38.160 RESPONSIBILITIES OF LIQUID WASTE DISPOSERS
(a) A liquid waste disposer commits an offense if he allows accumulation
of liquid waste on his premises so that rainfall could carry the ,
material to storm sewers or adjacent property or create a noxious odor
or health hazard.
(b) A liquid waste disposer shall:
(1) Obtain and maintain compliance with all licenses and /or permits
required by local, state or federal law;
(2) Accept waste only from a permitted transporter;
(3) Maintain trip ticket copies for a period of two years;
(4) Accept only those classes of wastes authorized by license or
permit;
(5) Make available all records required to be kept for inspection by
the approving authority during normal business hours
DIVISION 4. ENFORCEMENT
SEC. 14- 38.161 RULES AND REGULATIONS
The approving authority may promulgate rules and regulations as may be
necessary to carry out the provisions of this article and protect the public
from health and safety hazards. The approving authority may undertake immediate
actions as may be necessary to protect the public from health and safety hazards.
The approving authority may amend any permit issued hereunder to ensure compliance
with applicable laws and regulations.
`}±,lea 14-38.162 DENTAL, SUMNSION, RE- VOCATION OF PERMIT
(a) The approving authority may deny a permit if it is determined that
an applicant is not qualified under Division 2 of this article and
may suspend or revoke a permit if it is determined that a permittee:
(1) Is not qualified under Division 2 of this article;
(2) Has violated a provision of this article;
(3) Has failed to pay a required fee;
(4) Has failed to comply with maintenance or inspection requirements;
(5) Has failed to deliver trip tickets to the approving authority.
(b) After suspension under this section, a permittee may file a request
for reinstatement of the permit. When the approving authority determines
that the permittee is again qualified, all violations have been corrected,
precautions have been taken to prevent future violations, and all
required fees have been paid,.he shall reinstate the permit.
(c) The approving authority may revoke for a period of one year or less
all permits held by a liquid waste transporter if the transporter or
an employee of the transporter violates any of the provisions of this
article, any rule or regulation promulgated by the approving authority,
or applicable provisions of the city code or state law.
(d) A permittee whose permit is suspended or revoked shall not collect,
transport, or dispose of any waste materials within the jurisdiction
of the approving authority.
SEC. 14- 38.163 APPEAL
If the approving authority denies the issuance of a permit, or revokes a,.
permit, he shall send to the applicant, or permit holder, by certified mail,
return receipt requested, written notice of his action and the right to an appeal.
The applicant, or permit holder, may appeal the decision of the approving
authority to the City Administrator within five (5) working days after the
receipt of notice.
SEC. 14- 38.164 RESPONSIBILITY OF CORPORATIONS OR ASSOCIATIONS
(a) In addition to prohibiting certain conduct by natural persons, it is
the intent of this article to hold a corporation or association
legally responsible for prohibited conduct performed by an agent
acting in behalf of a corporation or association and within the scope
of his office or employment.
(b) Any person, operator, or owner who shall violate any provision of this
ordinance, or who shall fail to comply urith any provision hereof,
shall. be guilty of a misdemeanor and, upon conviction, shall be
subject to a fine not to exceed one thousand ($1,000.00), and
each violation and each day a violation continues, shall constitute
a separate offense and shall be punished accordingly.
(c) Any person found to be guilty of violating provisions of this article
shall become liable to the City for any expense, loss, or damage
occasioned by the City for reason of appropriate clean -up and proper
disposal of said waste materials. Additionally, an administrative
fee equal to one -half (1/2) of assessed clean -up costs shall be levied
by the city against the guilty person.
SEC. 14 -39 That Chapters 10 and 14 of the Kennedale City Code, as amended,
shall remain in full force and effect, save and except as amended by
this ordinance.
SEC. 14 -39.3 If any section, subsection, sentence, clause or phase of this
ordinance is for any reason held to be unconstitutional, such holding
shall not affect the validity of the remaining portions of this ordinance.
SEC. 14 -39.7 That this ordinance shall take effect immediately from and after
its passage and publication in accordance with the provisions of the
Charter of the City of Kennedale, and it is accordingly so ordained.
B & B Publishing, Inc.
AFFIDAVIT OF PUBLICATION
STATE OF . TEXAS „;
COUNTY OF TARRANT:
833 East Enon
P.O. Box 40230
Everman, TX;76140 -0230'
Publishers Of:
EVERMAN TIMES
KENNEDALE NEWS
FOREST HILL NEWS
SOUTH COUNTY ADVERTISER
Phone (817) 478 -4661
City of Kennedale
BEFORE ME, the undersigned authority, on this day personally
appeared Jedda Hinds , who having been duly sworn,
says upon her oath:
That she is the advertising manager of the K _nn Hal P Ne ws
which is a weekly newspaper published in Tarrant County, Texas,
with general circulation in the city of K n pdalp ,
Texas; and that a copy of Ord- 86 -7
which is attached to
this affidavit, was published in s &id newspaper on the following
date(s) to wit: July 24th , 1986
EXECUTED THIS 4th DAY OF August ,1986.
EDDA HINDS
SUBSCRIBED AND SWORN TO BEFORE ME THIS THE 4th DAY OF
A ugu s t 1986
NOTARY PUBLIC
STATE OF TEXAS
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