San Juan City Zoning Code
CHAPTER 7
BUILDING WASTE REMOVAL AND DISPOSAL REGULATIONS
§ 1.00 DEFINITIONS.
Soil, dirt, rock, sand, and other natural and man-made 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;
Solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations, including discarded or unwanted solid materials suspended or transported in liquids, and discarded or unwanted materials in liquid or semi-liquid form; the term “industrial solid waste” does not include waste materials, the discharge of which is subject to the Texas Water Quality Act;
Solid waste resulting from or incidental to municipal, community, trade, business and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste other than industrial solid waste;
Nonputrescible solid waste (excluding ashes), consisting of both combustible and noncombustible waste materials; combustible rubbish includes paper, rags, cartons, wood, excelsior (wood shavings) furniture, rubber, plastics, yard trimmings, leaves, and similar materials; noncombustible rubbish includes glass, crockery, tin cans[,] aluminum cans, metal, furniture, and like materials which will not burn at ordinary incinerator temperatures (1600 f to 1800 f);
A controlled area of land upon which solid waste is disposed of in accordance with standards, regulations or orders established by the Texas State Department of Health or the Texas Water Quality Board;
All putrescible and nonputrescible discarded or unwanted solid materials, including municipal solid waste and industrial solid waste; as used in this Act, the term “solid waste” does not include, and this Act does not apply to:
soil, dirt, rock, sand, and other natural and man-made 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; or
waste materials which result from activities associated with the exploration, development, or production of natural oil or gas and are subject to control by the Texas Railroad Commission.
(1999 Unified Development Code)
§ 2.00 REMOVAL AND BOND.
(a)
No solid waste, rubbish, or fill material resulting from building or remodeling operations shall be removed by the City except under strict adherence hereto. Every application for a building, remodeling or a demolition permit shall be accompanied by a Waste Disposal Plan. The plan must provide for the removal and disposal of all solid waste, rubbish or fill material at applicants’ expense to a landfill that is operating pursuant to Chapter 361 of the Texas Health & Safety Code or by another option approved at the discretion of the City Manager or his designee. The building inspector shall require one or more of the following in the Waste Disposal Plan: the placement of a commercial or other metal container at the job site for collection of waste; the placement of some temporary ground cover on which waste materials may be temporarily placed or some movable trailer other containers. The building inspector is authorized to levy a cash bond in the amount of $100.00 per 1,000 sq. ft. of building to be constructed, repaired or remodeled. Applicants must provide satisfactory proof of the removal of solid waste, rubbish or fill material from the property and that its disposal at a sanitary landfill or a site approved by the City Manager in order to receive any reimbursement of the cash bond. Upon satisfactory proof that the removed solid waste, rubbish or fill material has been deposited at a sanitary landfill the City shall reimburse 90% of the cash bond. The City shall in no event, other than as a result of noncompliance with the provisions of this section by applicant, retain more than $50.00 if 10% of the cash bond exceeds $50.00.
(b)
The City Manager shall advertise for submission of proposals for 3-year franchise agreements to provide the City exclusive disposal services as required by this Chapter.
(1999 Unified Development Code)
§ 3.00 VIOLATIONS.
The following acts shall constitute a violation:
(a)
Initiating building or remodeling operations without a building permit, posting bond or providing a waste disposal plan;
(b)
Initiating demolition operations without a demolition permit, posting bond or providing a waste disposal plan; or
(c)
Failure to remove Solid Waste, Rubbish, or Fill Material within 14 days of completion of the work or permitted.
(d)
Failure to show proof.
Failure to show proof as required by Section 2.00 above within 10 working days from the request for reimbursement of the cash bond by said person, shall forfeit the entire cash bond amount.
COMMENTARY |
It was the intent of Ordinance No. 95-012 to provide for the removal of solid waste, rubbish, or fill material resulting from building or remodeling operations so that any construction site remains free of debris for safety reasons. It is envisioned that no waste from these operations will be placed on any right-of-way. Typical solid waste is collected and disposed of by the City. See General Code, Chapter 8 [article 13.02 of the Code of Ordinances]. |
(1999 Unified Development Code)