§ 33-19. Operation of city sanitary landfill site.

(a)

Schedule of disposal service charges; disposal of refuse collected outside city limits prohibited. City of Irving landfill sites shall only be utilized for the disposal of refuse originating within the City of Irving city limits. The following disposal service charges are established for disposing of refuse at the City of Irving sanitary landfill site when said refuse is generated within the city limits of the City of Irving:

(1)

The city charges by the ton and the rate as provided in article V. of this chapter. Charge(s) by the ton will be calculated to the nearest one-fourth (¼) ton.

(2)

Earth, rocks and inert materials suitable for cover of refuse will not be charged a fee.

(3)

If the scale is not operating, a flat fee schedule will be in effect and assessed as provided in article V. of this chapter.

(b)

Schedule of charges for materials sold at the landfill. The city landfill site will sell mulch to residents or businesses. The mulch will be sold at a rate as provided in article V. of this chapter.

(c)

Payment of disposal service charges. Disposal service charges shall be payable by one (1) of the following methods at the discretion of the operator:

(1)

Cash at sanitary landfill site; or

(2)

City-accepted credit card.

(d)

Authority to accept, reject wastes. The director of environmental services in consultation with the director of health shall have the authority to cause to be rejected, for processing or disposal, any material which, in his judgment, would create a nuisance by reason of emission of disagreeable odors, or would require special and unusual handling and/or record keeping, or would operate to make the processing or disposal facilities unwholesome or adversely affect the public health, safety and welfare.

(e)

Disposal limitations for certain wastes.

(1)

Class I wastes as defined by the Texas Department of Water Resources shall not be disposed of in the landfill.

(2)

Special waste as defined by the Texas Commission on Environmental Quality shall not be disposed of in the landfill, except that dead animals may be accepted.

(3)

Refuse originating outside the city limits shall not be disposed of in any city landfill site. If the operator of a vehicle presenting refuse for disposal at a city landfill site does not display to the landfill personnel a Texas Department of Public Safety vehicle operator's license indicating that the residence of said vehicle operator is located within the city, then it shall be conclusively presumed that the refuse originated outside the city; however, display of such license shall not necessarily prove that refuse is of Irving origin.

(4)

Tree stumps of trees with trunk diameter larger than four (4) inches shall not be disposed of in the landfill, except that root balls of no more than thirty-six (36) inches in any direction, of trees with trunk diameter less than thirty-six (36) inches and stump height less than twenty-four (24) inches above the ground line, may be admitted.

(5)

Concrete with or without reinforcement, rocks, or material of similar hardness, of dimension greater than twenty-four (24) inches in any direction, shall not be disposed of in the landfill.

(6)

Should prohibited materials be deposited in the sanitary landfill, the vehicle carrying same shall be prohibited entry into the sanitary landfill for six (6) months.

(f)

Salvaging, removing materials from site. It shall be unlawful for any person to take, remove or carry away from the sanitary landfill site operated by the city, any garbage, rubbish, trash, article, thing or object situated thereon, whether or not same has monetary value. In prosecutions for this offense, it shall not be necessary to describe the thing or things taken, removed or carried away other than as generally described herein or as "article," "thing" or "item" and it shall not be necessary to allege that the same had "value."

The city council shall award any contract for salvage rights at the city sanitary landfill site.

(g)

Loads to be secured . Vehicles and/or trailers accepted into the landfill site and not constructed with an enclosed transport body shall be using other devices, such as nets, canvasses, coverings or tarpaulins to prevent blowing or spillage of loads. Vehicles not using such device shall be assessed an antilitter charge, pursuant to article V of this chapter. In the event that scales are inoperative, the antilitter charge will be thirty (30) percent of the landfill charge, except that vehicles described in paragraph (a)(2) of section 33-19 of this Code shall be charged pursuant to article V of this chapter.

(h)

Waste originating outside the city may be disposed in the city landfill if it is waste received pursuant to a contract between the hauler or originator of the waste and the city for a defined disposal volume.

(Ord. No. 2377, § 11, 9-14-72; Ord. No. 2581, § 1, 9-27-73; Ord. No. 2788, § 1, 8-21-75; Ord. No. 3381, § 1, 10-25-79; Ord. No. 4212, § 2, 9-22-83; Ord. No. 4478, § 1, 8-2-84; Ord. No. 4517, § 2, 9-27-84; Ord. No. 4769, § 3, 9-26-85; Ord. No. 5030, § 3, 9-25-86; Ord. No. 5285, § 3, 9-10-87; Ord. No. 5484, § 3, 9-22-88; Ord. No. 5674, § 3, 9-21-89; Ord. No. 5850, § 3, 9-20-90; Ord. No. 6162, § 3, 9-9-92; Ord. No. 6473, § 3, 9-22-94; Ord. No. 6849, § 3, 9-5-96; Ord. No. 8214, § 3, 9-18-03; Ord. No. 8243, §§ 1—3, 10-30-03; Ord. No. 8957, § 4, 6-12-08; Ord. No. 2017-9981, § 1, 9-21-17 ; Ord. No. 2018-10056, § 3, 5-3-18 )

Editor's note

Ord. No. 3381, § 1, adopted Oct. 25, 1979, amended § 33-19 in its entirety. For purposes of facilitating indexing and reference, the editor has added subsection designations and italic subcatchlines.