§ 33-19.1. Use of city landfill site by commercial waste disposal operators prohibited; penalty.

(a)

It shall be unlawful for any person, firm, corporation, association or entity operating a commercial waste disposal operation to deposit or dispose of or dump any garbage, rubbish, trash, grass, trees, tree limbs, article, thing or object in the city landfill.

(b)

Violation of subsection (a) of this section shall be punished by a fine not to exceed two thousand dollars ($2,000.00), and each act of dumping, depositing or disposing shall constitute a separate offense.

(c)

A commercial waste disposal operation shall be defined as the collecting, handling, transporting and/or disposing either primarily or incidentally, of solid waste, as defined by the department of health, using any vehicle rated one (1) or more tons in capacity or trailers nine (9) feet or more in length; but shall not include a vehicle carrying a load of one and one-half (1½) tons or less, presenting not more than two (2) loads per day for disposal and which is certified pursuant to the procedure set forth in subsection (e), below, and is operated by qualified operator.

(d)

A qualified operator shall be either:

(1)

A resident of the city as demonstrated by presentation of a valid driver's license bearing an address located within the city limits, or

(2)

Employed by a business located within the city as demonstrated by both:

a.

A copy of a tax bill, a water bill or building permit, naming said business; and

b.

A letter from said business, signed by an owner, officer or general manager thereof, stating the following: name, address and telephone number of said business; origin of waste; employee's name and vehicle license number.

(Ord. No. 3451, §§ 1, 2, 3-12-80; Ord. No. 4478, § 2, 8-2-84; Ord. No. 5853, § 32, 9-6-90; Ord. No. 2017-9981, § 1, 9-21-17 )

Editor's note

Ord. No. 3451, § 1, adopted Mar. 12, 1980, amended the Code by adding provisions designated § 33-19.a. For purposes of conforming to Code format said provisions have been included herein as subsection (a) of a section designated § 33-39.1; § 2 of Ord. No. 3451 has been codified herein as subsection (b) of § 33-19.1 at the discretion of the editor.

State law reference

Penalty for ordinance violations, V.T.C.A., Local Government Code § 54.001.