HomeMy WebLinkAbout90-2828SANITARY LANDFILL-TIRES-~ICAL WASTE
ORDINANCE NO. 90-2828
AN ORDINANCE AMENDING CHAPTER 12, GARBAGE &
TRASH, OF THE PLAINVIEW CITY CODE REGULATING
THE DISPOSAL OF USED OR SCRAP TIRES AND WASTE
FROM HEALTH-CARE RELATED FACILITIES;
PROVIDING FOR A PENALTY; PROVIDING FOR AN
EFFECTIVE DATE AND FOR PUBLICATION AS
PROVIDED BY LAW.
WHEREAS, the Texas Department of Health, pursuant to law,
has established regulations that prohibit the disposal of used or
scrap tires unless shredded, split or quartered; and
WHEREAS, the Texas Department of Health, on or about August
1990, shall begin enforcing the above regulations; and
WHEREAS, the City of Plainview must initiate action to meet
the state mandate; and
WHEREAS, the City of Plainview should cease to allow used or
scrap tires to be disposed of at the City sanitary landfill
unless they are shredded, split or quartered in order to protect
the City sanitary landfill and the interests of the City of
Plainview; and
WHEREAS, the City of Plainview must control the disposal of
special waste from health care related facilities in order to
comply with Texas Department of Health regulations.
NOW, T~RREFORE, be it ordained by the City of Plainview,
Texas that:
SECTION 1: That Chapter 12 of the Code of Ordinances of the City
of Plainview, Texas, is hereby amended by adding Article III,
which article shall read as follows:
ARTICLE III. REGULATED SPECIAL AND SOLID WASTES
Section 12-40. Definition
Regulated special and solid wastes are defined as those
wastes which require special handling and/or disposal in
accordance with applicable State and Federal laws and
regulations.
Section 12-41. Disposal of used or scrap tires
It shall be unlawful for any person to set out for
collection or place within any city-owned refuse container any
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quantity of used or scrap tires or portions thereof. It shall be
unlawful for any person to transport to the City sanitary
landfill for disposal, dispose of in the City sanitary landfill,
or otherwise dispose of any quantity of used or scrap tires
unless the tires are first shredded, split or quartered in
accordance with state guidelines.
Section 12-42.
Disposal of special waste from health care
related facilities.
It shall be unlawful for any person to set out for
collection or place within a City-owned refuse container special
waste from a health care related facility as such waste is
defined by the Texas Department of Health. It shall be unlawful
for any person to transport to the City sanitary landfill for
disposal, dispose of in the City sanitary landfill, or otherwise
dispose of any special waste from a health care related facility
as such waste is defined by the Texas Department of Health,
unless such waste has first been treated and packaged in
accordance with applicable State and Federal regulations. No
special waste from a health care related facility will be
accepted for collection and/or disposal by the City Sanitation
Department or City Sanitary Landfill unless such waste is
accompanied by a statement signed by the generator or transporter
certifying that such waste has been treated and is packaged in
accordance with applicable State and Federal regulations.
Section 12-43 to 12-59. Reserved
Section 12-60. Violations, penalty
The violation of any provision of this article shall be
deemed a misdemeanor punishable by a fine not to exceed the
provisions of Section 1-5 of this Code.
SECTION 2. EFFECTIVE
effective June 1, 1990.
DA~E. This ordinance shall become
SECTION 3. SEVERABILIT~. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
SECTION 4. PUBLICATION. The City Secretary is authorized to
publish this ordinance in accordance with the law.
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PASSED AND APPROVED on this the 8th day of May, 1990.
E. V. Rldlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
Wm. R. Hogg Public Works
APPROVED AS TO FORM:
D. Blackburn, City Attorney-~-
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