§ 14-1. Definitions.
As used in this chapter, the following terms shall have the meanings shown:
Biodegradable shall mean a substance capable of breaking down into its small constituent parts when the degradation is the result of naturally-occurring micro-organisms such as bacteria, fungi, and algae.
Brush shall include tree branches, woody vines, shrubs, and other herbaceous and woody plants less than six (6) feet in length, excluding posts, boards, lumber or their fragments. Stumps, roots, or shrubs with root balls, loose or containerized leaves and grass clippings are unacceptable for brush collection. Brush does not include any material generated at a location other than the residence from which it is collected.
Bulky waste shall include only municipal solid wastes in the forms of irregularly sized items that do not readily fit into refuse containers, which include but are not limited to, large appliances (e.g. refrigerators, water heaters, washers, and dryers), toilets and furniture, also small and medium-sized appliances, and other domestic wastes and discards which are commonly regarded by the regulated community as large non-putrescible municipal solid waste items. Bulky waste does not include household hazardous waste, hazardous or special wastes, construction and demolition waste, vehicle parts, commercial tires, brush, electronics, or products containing glass which may break during collection. Bulky waste does not include waste generated at a location other than the residence from which it is collected.
Bulky waste collection center shall mean a citizen collection station that allows drop off of bulky waste such as furniture, appliances, toys, water heaters, etc. The facility may consist of one or more storage containers to collect material that will then be transported to the landfill or recycle facility for disposal. Site operational procedures and types of MSW accepted are detailed in this chapter.
Business customer shall mean a person that produces business waste that the city has agreed to collect.
Business municipal waste shall mean garbage and recycling MSW similar, in both content and volume, to that generated at a residence.
Business services shall mean collection of business waste (brush, bulky and special bagged leaf collection not included) from business customers, provided by the city, and is limited to a maximum of five (5) container sets for each business receiving these services. Refuse and recycling collection service at such location must be feasible and within existing collection routes.
Central Business District (CBD) shall mean all streets and portions of streets within the area bounded as follows: Beginning at the interchange between Cesar Chavez Boulevard (formerly Durango Boulevard) and I-H 35 Expressway; thence northward and eastward along I-H 35 Expressway to I-H 37 Expressway; thence southward on I-H 37 Expressway to Cesar Chavez Boulevard, thence west on Cesar Chavez Boulevard to I-H 35 Expressway, the point of beginning.
City shall mean the City of San Antonio.
Collection shall mean the act of removing solid waste (or recycling materials) that have been placed for the purpose of collection, and transportation to a permitted solid waste disposal or processing facility.
Collection assistance service shall mean a collection service provided to a customer residence wherein there is no able-bodied person capable of setting out refuse, recyclables, or organics at the public right-of-way. The director will set eligibility requirements for this service.
Collection contractor shall mean a private company that provides collection services on behalf of the city.
Collection system shall mean the collection and transportation of garbage, organics or recycling in a specially designed truck affixed with a mechanical arm assembly. Service is provided in the form of either automated (one-person crew) or semi-automated method (multiple-person crew). This system utilizes specially designed containers issued by the city.
Commercial refuse shall include any solid wastes generated as a by-product of any commercial operation but shall not include swills, slops, toxic or corrosive materials, manure, or any other material found harmful to personnel or equipment as determined by the director or his designee. Commercial refuse shall also include MSW that was not generated at the city customers CPS account address and non-residential MSW (MSW that is generated from a business) that may be collected from businesses such as law offices, community centers and pools.
Compostable shall mean a substance that is biodegradable and capable of breaking down without leaving a chemical trace or residue. It should decompose into humus, which provides valuable nutrients to the soil.
Composting shall mean the controlled biological decomposition of organic solid waste.
Container shall mean a specially-designed wheeled container designed for use in the city's collection system. Containers for garbage are provided in three (3) sizes: small, standard (medium) and large. Containers for recycling and organics are available in two (2) sizes: small and large.
Contaminants shall mean materials placed in recycling or organics containers other than those listed as acceptable in the respective program.
Contaminated pile shall include any pile of brush or bulky items containing material not provided for (or specifically prohibited) in its respective definition. It includes piles in which the contaminating materials are commingled with, or placed on top of, the pile, or if such items are placed so close to the pile or in such large amounts that the items cannot reasonably be removed from the pile.
Corporation shall include nonprofit corporations, professional associations created pursuant to statute, and joint stock companies.
CPS shall mean CPS Energy or its successor and predecessor. CPS Energy is the billing agent for city solid waste fees. CPS Energy electric meter accounts shall serve as a basis for residential service eligibility.
Dead animal collection service shall mean the collection of dead animals, not including livestock, listed species, or rodents.
Dead animal collector shall be a collection employee who is operating a dead animal collection truck and whose chief duty it is to make dead animal collections in places other than the point of collection.
Deface shall mean and apply to writing, carving or scratching on the varnish or paint or plaster of any public refuse or recycling containers, or staining such containers with paint, or any other article which will produce a discoloration of the painting or plaster on them.
Demolition material shall mean sheetrock, plaster, lumber, insulation, roofing materials, and other materials generated from remodeling or demolition.
Department shall mean the solid waste management department or its successor.
Detachable containers shall mean waste containers such as dumpsters and roll-off containers as often used by commercial waste collectors.
Director shall mean the director of the solid waste management department or his successor or predecessor. The director may designate fully authorized representatives to act on his behalf.
Disposal shall mean the discharge, deposit, dumping, spilling, leaking, or placing of any solid or liquid waste (whether containerized or non-containerized) into or on any land.
Downsize shall mean a customer request for a smaller size container. Customers may downsize at no charge.
Drop-off event shall mean an event sponsored by the city allowing eligible users to drop-off residential MSW materials for disposal or recycling.
Earth and construction materials shall mean earth, rocks, concrete and similar materials and waste materials resulting from construction or remodeling by a building contractor or materials from an unimproved lot.
EPA shall mean the U.S. Environmental Protection Agency.
Food scraps shall mean food substances that remain from meal preparation and cooking as well as leftovers and spoiled food from the refrigerator. Food scraps include all fruits and vegetables, breads, cereal, dairy products (solids only, no liquids), table scraps, coffee grounds and filters, and tea bags. Food scraps do not include entire carcasses from hunting or meal preparation.
Food-soiled paper shall mean paper or cardboard products that have become soiled by food residue. Food-soiled paper includes used paper towels and napkins, used paper cups and plates, paper take-out containers and cups, greasy pizza boxes, and coffee filters.
Garbage. See "Refuse."
Hazardous waste shall mean any liquid or 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, as amended by the Resource Conservation and Recovery Act of 1976.
Hospital related waste (see special waste) shall mean waste that is generated by a medical facility such as a hospital, medical office, dentist's office, medical laboratory, veterinarian's office, medical clinic, medical weight-loss clinic, mortuary, or other similar facility where needles, syringes, scalpels, or other sharp tools are commonly used and where human blood, fluids, or tissues have been in contact with the waste or are a portion of the waste. Such wastes may or may not be infectious waste.
Household hazardous wastes shall mean any MSW in quantities and packaging intended for use by households that is toxic, corrosive, flammable and/or considered dangerous and shall include but not be limited to bleaches, herbicides, pesticides, drain cleaners, paint thinners and solvents.
Industrial solid waste shall mean waste determined to be of industrial origin and classified by the Texas Commission on Environmental Quality as Class I, Class II, or Class III.
Infectious waste (see special waste) shall mean waste containing pathogens or biologically active material, which because of its type, concentration, and quantity, is capable of transmitting disease to persons exposed to the waste. This waste must be handled and processed according to TDSHS regulations before disposal.
Injure shall mean and include any and all character of physical damage, whether caused by fire or force, and which shall be done or caused willfully by any person.
Land clearing shall mean removal of organic matter or appurtances from vacant, improved, or unimproved lots or tracts of land.
Lot shall have its ordinary meaning but shall also include, in addition to the land within its boundaries, all land adjacent to and extending beyond the property line to the curb line of adjacent streets, and where no curb exists, to the existing street surface. The word lot shall also include all land lying between the property line of any lot and the center of adjacent alleys.
Manual collection system shall mean the collection and transportation of garbage or recycling by means of a system that requires a person to manually lift and load the material into the collection vehicle.
Mulch shall mean the organic product resulting from chipping of wood and woody materials.
Municipal solid waste (MSW) shall mean solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, and all other solid waste other than industrial or hazardous solid waste.
Non-compostable materials shall mean materials not capable of undergoing biological decomposition through composting and materials that do decompose under biological conditions, but leave behind residues such as metals or toxins. Non-compostable materials include but are not limited to aluminum foil, appliance, ceramics, clothing, cooking grease or oil, construction and demolition materials, disposable mop sheets, glass, household hazardous waste, liquids, rocks, scrap metal, and Styrofoam®.
Organic material recycling shall mean the collection, separation, recovery, and sale or reuse of organic materials from other recyclables and refuse for curbside collection in the green container that would otherwise be disposed or processed as municipal waste.
Organics shall mean materials used as feedstock for manufacturing compost, such as leaves, grass, shrubs and tree trimmings, certain food scraps and food-soiled paper.
Other organic material shall mean other organic materials accepted in the green container such as shredded paper, sawdust, dryer lint, cotton balls, toothpicks, and wooden Popsicle® sticks.
Owner as used herein shall include, but not limited to, any equitable owner, any person having a possessory right to the land or building or the person occupying it, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety.
Parcel shall mean any tract of land that has not been subdivided into lots, but shall also include, in addition to the land within its boundaries, all land adjacent to and extending beyond the property line to the curb line of adjacent streets, and, where no curb exists, to the surface of an adjacent public street or road. The word parcel shall also include all land lying between the property line and the center of any adjacent alley.
Pay as you throw shall mean a system wherein fees are assessed in proportion with the amount of waste generated at each residence. Fees are based on the size of the garbage (brown) container selected by the customer and provided to each customer (ratepayer) by the city.
Person shall mean an individual, corporation (including a government corporation) organization, 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.
Point of collection shall be a convenient location at or in the public right-of-way accessible to collection trucks or equipment from a passable roadway adjacent to each residence. The point of collection for brush and bulky waste is at the curb or edge of pavement.
Private street shall mean a non-publicly owned street, road, or driveway. City-provided services may be conditionally provided on private streets.
Prohibited waste shall mean any waste prohibited from landfill disposal by the EPA, the city, TCEQ, or landfill-operating permit. Prohibited wastes also include wastes that may be injurious to collectors or may cause damage to collection vehicles.
Public street shall mean a publicly owned street, roadway, or alley from which solid waste services are provided.
Public right-of-way shall mean a municipally owned street, roadway, or alley dedicated for public use.
Public trash container shall mean and include all approved waste containers or containers designed for public use and placed on the streets and sidewalks by the city or by anyone else under the direction of the city.
Putrescible waste shall mean solid wastes which are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors or gases and capable of providing food for, or attracting, birds and disease vectors.
Recyclable materials shall mean those solid wastes that are separated for recycling or reuse such as newspaper, mixed office paper, corrugated cardboard, kraft paper, container glass, aluminum and tin cans, magazines, steel aerosol cans, and plastic bottles and containers.
Recycling shall mean the collection, separation, recovery, and sale or reuse of metals, glass, paper, plastics, and other materials that would otherwise be disposed or processed as municipal waste.
Recycling drop-off center shall mean an area where an individual may deposit recyclable materials and where recyclables may be sorted.
Refuse shall mean garbage and/or municipal solid waste generated at a residence or business. Refuse does not include recycling commodities intended to be placed in recycling containers, industrial waste, hazardous waste or any other prohibited waste.
Residential customer shall mean a person living in a residential dwelling with five (5) units or less that produces residential waste that the city collects.
Rubbish shall mean non-putrescible solid waste, excluding ashes, consisting of both combustible and noncombustible waste materials; combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials, unless placed on property pursuant to and in compliance with other ordinances or regulations of the city; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and like materials which will not burn.
Scavenging shall mean an unauthorized partial or total removal of contents of trash or recycling containers or any other item set out by a resident with the intent of collection by the city.
Solid wastes shall mean any refuse, rubbish, earth or construction materials, white goods, recyclable materials, sludge from a waste water treatment plant, water supply treatment plant or air pollution control facility, organic material, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from municipal, commercial, and agricultural operations, and from community and institutional activities (changes in state and federal regulations may change these definitions) but does not include:
(1)
Solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges subject to regulation.
(2)
Soil, dirt, rock, sand, and other natural or manmade inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements.
(3)
Waste materials that result from activities associated with the exploration, development, or production of oil or gas and are subject to control by the Railroad Commission of Texas.
(4)
Special wastes as defined by this chapter.
(5)
Hazardous wastes.
Special waste shall mean any liquid, semi-liquid, 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. Special wastes include, but are not limited to:
(1)
Household hazardous waste.
(2)
Infectious and hospital related wastes.
(3)
Municipal water and wastewater treatment plant sludges.
(4)
Grease and grit trap wastes.
(5)
Slaughterhouse wastes.
(6)
Dead animals.
(7)
Drugs, contaminated foods, or drink products, other than those contained in normal household waste.
(8)
Pesticide (insecticide, herbicide, fungicide, or rodenticide) containers.
(9)
Asbestos or materials containing asbestos.
(10)
Contaminated soil.
(11)
Tires.
Special wastes may need pretreatment before they are disposed of.
Storm damage shall primarily refer to organic materials generated as a result of forces of nature. In circumstances determined by the city, storm damage may also include building materials, roofing, furniture, and other bulky residential items.
Tarp shall mean a solid or semi-solid cover placed and secured over open-topped vehicles and/or trailers to secure the contents and to prevent their dispersal from the vehicle or trailer.
TCEQ shall mean Texas Commission on Environmental Quality and its successor and predecessor agencies.
TDSHS shall mean Texas Department of State Health Services and its successor and predecessor agencies.
Transfer station shall mean a fixed facility used for transferring solid waste from collection vehicles to long haul vehicles.
TxDOT shall mean the Texas Department of Transportation and its successor and predecessor agencies.
Upsize shall mean exchanging the container currently in possession of a customer for a larger size container. The upsize request must be made by the customer. A one-time upsize fee associated with the pay as you throw system will be assessed beginning with the second request to upsize the garbage cart. The monthly fees corresponding with the size of the garbage container will be assessed.
Vacuum truck shall refer to any vehicles which transport liquid and semisolid wastes to a solid waste disposal or processing site.
Valet collection shall refer to the process by which a person, firm, corporation, partnership or other entity collects recyclable material from tenants at a multi-family property and takes the recycling to a centralized location on the same multi-family property.
Vehicle shall mean any device used to transport solid wastes and include, but are not limited to cars, pickups, vans, dumps trucks, trailers, roll-off containers, tractor trailers, rear and side loading packer trucks.
Weeds shall mean all uncultivated vegetable growth or plant matter that has grown to more than twelve (12) inches in height, other than trees.
White goods shall include household appliances.
Yard trimmings shall mean grass, weeds, leaves, tree trimmings, plants, shrubbery prunings, and such other similar materials which are generated in the maintenance of yards, gardens, or commercial landscaping in the city and which are separated from other solid waste materials and placed in a designated container for collection.
(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10; Ord. No. 2013-01-31-0079, § 1, 1-31-13; Ord. No. 2015-09-10-0760 , § 1, 9-10-15; Ord. No. 2018-09-13-0713 , § 1(Att. G.2), 9-13-18)