Title 11-B
SOLID WASTE MANGEMENT
- CHAPTER 1. REFUSE COLLECTION, TRANSPORTATION AND DISPOSAL
- CHAPTER 2. RATES FOR REFUSE COLLECTION AND DISPOSAL
- CHAPTER 3. SANITARY LANDFILL REGULATIONS
- CHAPTER 4. CONSTRUCTION AND DEMOLITION LANDFILL REGULATIONS
- CHAPTER 5. LICENSED SOLID WASTE COLLECTORS
- CHAPTER 6. INDUCEMENT IN ESTABLISHMENT OF RESOURCE RECOVERY FACILITY
- CHAPTER 7. PENALTY
- CHAPTER 8. ENFORCEMENT AND PENALTIES
CHAPTER 1
REFUSE COLLECTION, TRANSPORTATION AND DISPOSAL
Section 100. Purpose.
Section 101. Definitions.
Section 102. Duties of Director of Public Works.
Section 103. Delegation of Powers to TARE.
Section 104. Collection of Solid Waste.
Section 105. Disposal of Solid Waste.
Section 106. Rules and Regulations.
Section 107. Unlawful Dumping.
Section 108. Unlawful Storage.
Section 109. Receptacles to be Provided for Business Invitees.
Section 110. Receptacles to be Provided for Employees.
Section 111. Presumptions.
Section 112. Scavenging Prohibited.
Section 113. Collection of Recyclables
SECTION 100. PURPOSE
Pursuant to the provisions of the Oklahoma Solid Waste Management Act, 63 O.S.1981, §§ 2251, et seq., as amended and renumbered to 27A O.S.Supp.1996, §§ 2-10-101, et seq., the City of Tulsa, Oklahoma, does hereby adopt the following system for the management of solid waste within the limits of the City.
Ord. Nos. 17426, 18956
SECTION 101. DEFINITIONS
Unless otherwise provided herein, for the purposes of this title and any rules and regulations adopted pursuant to its provisions, the following terms shall have the meanings given herein.
Acceptable Residential Solid Waste or Residential Solid Waste--Acceptable shall mean acceptable solid waste, generated within or emanating from a residential dwelling unit and placed in one or more solid waste collection containers, the usage of which is exclusive to and under the direct control of the occupant(s) of the residential dwelling unit and the service of which is manual or semi-mechanical for loading into a solid waste collection vehicle.
Acceptable Solid Waste shall mean all garbage, trash, rubbish and solid waste which is not hazardous waste or unacceptable waste.
Alley shall mean a public thoroughfare through a block of real property giving access to the rear of lots or buildings.
Alternate Facility or Site shall mean a disposal site designated by the Director for acceptable solid waste at a location other than the Resource Recovery Facility (RRF).
Commercial Interjurisdictional Commingling shall mean the mixing of commercial solid waste collected within the corporate limits of the City of Tulsa with acceptable solid waste collected outside the corporate limits of the City of Tulsa on a single load of a licensed waste vehicle delivering waste to the RRF or alternate facility.
Commercial Solid Waste and Nonresidential Solid Waste shall mean all solid waste resulting from any operation or generated within or emanating from any establishment which is not a residential dwelling unit where the operation or establishment may be characterized as commercial, industrial or institutional in nature. Operations and establishments generating commercial solid waste shall include, but are not limited to, office buildings, government offices, retail establishments, manufacturing plants, grocery stores, shopping centers, hotels and motels, warehouse facilities, schools, colleges, places of worship, medical facilities including veterinary hospitals and nursing homes, food services including full service and fast food restaurants, taverns and bars, entertainment, recreation, leisure, sports and convention facilities; and shall also include apartment buildings, condominiums, rooming houses, mobile home parks, and other multifamily structures or complexes having four (4) or more units where the solid waste collection container or containers are used jointly by the occupants of such structures so that no single occupant has exclusive use thereof and where such container or containers are serviced mechanically or semi-mechanically for loading into a solid waste collection vehicle, and/or where no individual family unit within the multifamily structure or complex is serviced or billed directly through an individual water meter.
Commercial Waste Collector shall mean any person engaged in the operation of collecting, removing, transporting or disposing of commercial solid waste or unacceptable solid waste and any employees, agents or other entities acting on behalf of a commercial waste collector.
Director shall mean the Director of Public Works of the City of Tulsa or his authorized representative.
Garbage shall mean all putrescible wastes from any place where meats, fish, fowl, fruits or vegetables are prepared for food for immediate consumption and shall include all household waste containing organic matter that has been prepared for or was intended to be used as food or has resulted from the preparation of food.
Hazardous Waste shall mean those wastes which are flammable, explosive, corrosive, toxic, infectious or are otherwise classified as hazardous or controlled industrial waste under federal, state or municipal laws, ordinances, rules or regulations, or would cause the ash generated at the RRF to become hazardous.
Hazardous Waste Collector shall mean any person engaged in the operation of collecting, removing, transporting or disposing of hazardous waste and any employees, agents or other entities acting on behalf of a hazardous waste collector.
Hearing Officer shall mean the Hearing Officer as designated by the Mayor of the City of Tulsa.
Interjurisdictional Charges shall mean the amount in dollars charged to all licensed waste collectors who deliver interjurisdictional waste to the RRF or alternate facility.
Interjurisdictional Waste shall mean acceptable solid waste collected outside the corporate limits of the City of Tulsa pursuant to an agreement between a licensed waste collector and a waste generator located outside the corporate limits of the City of Tulsa and delivered to the RRF, exclusive of any special agreement with the City of Tulsa, TARE, or OMST.
Manifest or Solid Waste Manifest shall mean a complete, accurate, current, and legible record maintained on a form approved by the Director for each load of commercial or interjurisdictional waste collected, transported, or disposed of in the City of Tulsa by a licensed waste collector.
Nonresidential Solid Waste. See Commercial Solid Waste.
OMST shall mean Ogden Martin Systems of Tulsa, Inc., an Oklahoma corporation, operator of the Walter B. Hall Waste-to-Energy Resource Recovery Facility.
Person shall mean every natural person, firm, partnership, association, corporation, or other entity.
Recyclable Material shall mean those materials, often components of solid waste, which can be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products, including but not limited to the following:
1. Cardboard, newspaper, magazines, graded paper, mixed office paper, wood;
2. Clear and colored glass;
3. Durable and nondurable plastics, including plastic polyethylene
terephthalate (PET) and plastic high-density polyethylene (HDPE);
4. Metals, including aluminum, copper, bi-metals, and ferrous metals;
5. Any other materials or substances identified as recyclable by the Director.
Refuse shall mean all waste material, including waste materials of animal, vegetable and mineral composition, subject to combustion, putrefaction or disintegration by oxidation and shall include waste metal, plastic and glass, but shall not include common earth or rock aggregate compounds. Scrap materials which are source separated for collection and processing as industrial raw materials shall not be considered refuse except when contained in refuse.
Residential/Commercial Commingling shall mean mixing of an acceptable commercial solid waste collected within the corporate limits of the City of Tulsa with acceptable residential solid waste collected within the corporate limits of the City of Tulsa on a single load of a licensed waste vehicle delivering waste to the RRF or alternate facility.
Residential Dwelling Unit shall mean any structure used principally as a place of habitation with facilities for living, sleeping, eating, cooking and off-street parking, whether owned or rented by the occupants thereof, and shall include any single family house as one (1) unit, any duplex as two (2) units, and any triplex as three (3) units. Any individual family unit within a multifamily structure or complex shall be included as one (1) unit so long as each is serviced and billed for water through an individual water meter for each unit, and the occupants have available one (1) or more solid waste collection containers associated with each unit and maintained by or for the exclusive use of the occupants thereof.
Residential Solid Waste--Acceptable. See Acceptable Residential Solid Waste.
Residential Waste Collector shall mean any person engaged in the operation of collecting, removing, and transporting residential solid waste pursuant to a contract with TARE or a TARE contractor, including the City of Tulsa Public Works Department, its employees and licensed contractors, or other entities acting on behalf of a residential waste collector and any employees, agents, or other entities acting on behalf of a residential waste collector.
Resource Recovery Facility ("RRF") or Plant shall mean the mass burn, steam, and electric generating plant located at 2122 South Yukon Avenue, Tulsa, Oklahoma, known as the Walter B. Hall Waste-to-Energy Resource Recovery Facility.
Rubbish shall mean a normal accumulation of matter by residential families; or commercial, industrial or institutional establishments; or resulting from commercial, industrial, or institutional operations, the accumulation of which may create a nuisance or be deleterious to public health or offensive to sight or smell.
Rules and Regulations shall mean a formal set of rules and regulations formulated by the Director necessary for the management of all solid waste within the jurisdiction and control of the City of Tulsa, adopted or amended by resolution of the City Council.
Satellite Vehicle shall mean any vehicle used solely for the intra-route collection of residential solid waste as an auxiliary vehicle in conjunction with a duly licensed refuse collection vehicle. Satellite vehicles shall not be used to deliver solid waste to the RRF or alternate disposal facilities. Any residential solid waste collected shall be transferred to the licensed refuse collection vehicle to which it is a satellite.
Scavenge shall mean to take or remove item(s) from Recyclable Material that has been set out or containerized for collection by a Residential Waste Collector or any entity pursuant to contract with TARE without the permission or authorization of an occupant of a Residential Dwelling Unit.
Solid Waste or Waste shall mean all nonliquid materials or substances that are generally discarded or rejected as being spent, useless, or worthless to the owners at the time of such discard or rejection, including but not limited to garbage, rubbish, refuse, trash, ashes or incinerator residue, street refuse, dead animals, waste rubber tires, construction waste, solid or semi-solid commercial and industrial wastes, and hazardous wastes, including explosives, pathological wastes, chemical wastes, and herbicidal and pesticide waste.
Source Separated shall mean recyclable materials separated from solid waste at the generation site by the generator.
TARE shall mean the Tulsa Authority for Recovery of Energy, a trust formerly named Tulsa Energy Resource Recovery Authority, ("TERRA") created for the use and benefit of the City of Tulsa, Oklahoma, under the provisions of 60 O.S.1971, §§ 176 to 180, inclusive, as amended, of the Oklahoma Trust Act, and other applicable statutes of the state of Oklahoma.
Transfer Station shall mean a facility which receives solid waste from any vehicle for the purpose of re-transporting the solid waste to a final disposal site.
Unacceptable Solid Waste shall include poisons; acids; caustics; explosives; body wastes; automobile frames; large bulky objects such as stoves, refrigerators, furniture, large trees or limbs, and materials which may cause damage to collection equipment or personal injury to collectors; dirt, rocks or debris resulting from construction or demolition; animal excreta or any article or substances soiled by human or animal excreta that has not been wrapped and tightly sealed in moisture proof paper or wrapping prior to placement for collection; refuse which has been combined or mixed with any of the above-mentioned items; and any materials which cannot be processed at the facility, which can cause RRF operational problems, or which would have a reasonable possibility of causing an injury to health, safety, or property.
Unacceptable Solid Waste Collector shall mean any person engaged in the operation of collecting, removing, transporting, or disposing of unacceptable solid waste and any employees, agents, or other entities acting on behalf of an unacceptable solid waste collector.
Vehicle shall mean any truck, trailer, semi-trailer, or other equipment, excluding satellite vehicles, used to collect, remove, transport, or dispose of solid waste and used over any public way, street, avenue, road, alley, or highway.
Ord. Nos. 17158, 17426, 18956, 19645
SECTION 102. DUTIES OF DIRECTOR OF PUBLIC WORKS
Subject to the provisions of the Charter and Revised Ordinances of the City of Tulsa, the Director of Public Works shall exercise all lawful powers necessary and appropriate for the management of all solid waste within the jurisdiction and control of the City of Tulsa.
Ord. Nos. 17426, 18956
SECTION 103. DELEGATION OF POWERS TO TARE
TARE is hereby directed to take such steps as are necessary to assure the collection, removal, transportation, and disposal of all acceptable solid waste. TARE shall operate or cause to be operated a collection and disposal system for the City of Tulsa and for neighboring areas in the event an appropriate contractual relationship can be developed with those neighboring areas for the equitable sharing of costs.
A. Residential solid waste collection service shall at all times be in compliance with all provisions of this title and the rules and regulations established pursuant thereto.
B. No billing or collection of fees or charges or any functions connected with billing or collection of fees or charges may be performed by any contractor supplying labor and management services to TARE for the operation of any portion of the system. This prohibition shall not apply to the City of Tulsa.
C. TARE may solicit contractors licensed under the provisions of this title for supplying all labor and equipment for the operation of an acceptable residential solid waste collection and disposal system. Such solicitations shall be made using good procurement techniques, consistent with sound business procedure and in compliance with all applicable laws. In addition, TARE may contract with the City of Tulsa on such terms as it deems best for the operation of all or any part of the system; provided, however, that in an emergency wherein the public health or safety is threatened from a sudden, unexpected happening or an unforeseen occurrence, condition, or situation, TARE may operate the acceptable residential solid waste collection and disposal system, cause the system to be operated by the City of Tulsa, or contract with such persons as it deems necessary, using funds supplied by TARE from revenues provided for in Chapter 2.
Ord. Nos. 17426, 18956
SECTION 104. COLLECTION OF SOLID WASTE
A. All solid waste shall be removed, transported and/or disposed of under the exclusive control and regulation of TARE subject to the provisions of this title and to such rules and regulations adopted pursuant to the provisions of this title.
B. Acceptable residential solid waste shall be collected, removed, transported, and disposed of only by TARE, its agents, servants, employees, or persons with whom it shall contract. All other persons are prohibited from all such activities except as may be provided in the rules and regulations adopted pursuant to the provisions of this title. Every person occupying or having control of the occupancy of any residential dwelling unit located in the City of Tulsa shall enter into an implied or written contract with TARE providing for the payment by such person for the acceptable residential solid waste collection and disposal service at the rate and manner specified in this title. The charges for the first and last billing for such service shall be prorated according to the number of calendar days within the billing periods, based on a thirty (30) day billing period for one month's service. The contract shall give the name and the official address of the person to whom the service is to be rendered and shall reserve to TARE the rate to be charged and collected for the collection and disposal of acceptable residential solid waste. The contract shall provide that rates may be changed at any time by ordinance, and shall specify that the contract is subject to all provisions of this title, rules and regulations adopted pursuant thereto, and any ordinance of the City of Tulsa relating to this subject hereinafter enacted.
C. Every person occupying or having control of the occupancy of any commercial establishment (such as but not limited to retail and wholesale outlets, manufacturing plants, restaurants, shopping centers, hotels and motels, apartment buildings and rooming houses, or operations which generate solid waste) shall either obtain a waste collector license or enter into a contract with a waste collector licensed pursuant to the provisions of this title, providing for sufficient solid waste collection service to remove from such premises the solid waste generated thereby and to prevent any premises from becoming a hazard or nuisance to the health, safety, and welfare of the citizens of Tulsa.
D. In the event a multi-family structure or complex is comprised of individually metered family units and that structure or complex is located on roads or streets not owned or maintained by the City of Tulsa and the individual family units or owners are parties to acceptable covenants of common maintenance, upon application, the structure or complex may be designated as commercial by the Director.
E. The unauthorized or unlawful collection, transportation, and disposal of solid wastes within the City of Tulsa are hereby declared to be a nuisance and a violation of this title.
Ord. Nos. 17426, 18956
SECTION 105. DISPOSAL OF SOLID WASTE
A. All acceptable solid waste generated or collected within the corporate limits of the City of Tulsa shall be disposed of at the RRF or approved alternate facility.
B. All loads of predominantly unacceptable solid waste collected within the corporate limits of the City of Tulsa shall be disposed of in a lawful manner at an authorized landfill licensed by the state of Oklahoma.
Ord. No. 18956
SECTION 106. RULES AND REGULATIONS
A. The Director of Public Works shall formulate rules and regulations necessary for the management of all solid waste within the jurisdiction and control of the City of Tulsa. Such rules and regulations shall be adopted, amended, or repealed by resolution of the Council and thereafter shall be kept on file in the Office of the City Clerk.
B. Rules and regulations for solid waste management adopted by the Council may include provisions for, but shall not be restricted to:
1. The proper storage of solid waste, including container size, type, and construction;
2. The removal or collection of solid waste, including hours of collection and the placement of containers;
3. The transportation of solid waste;
4. The disposal of solid waste, including the coordination of deliveries to a designated solid waste disposal facility or site, and the assessment, billing and collection of fees, payments and charges therefor;
5. The requirements for the private removal of solid waste;
6. The management of unacceptable solid waste;
7. The records required to be created and maintained in connection with the collection, transportation, and disposal of solid waste;
8. A point system created for assessment of penalty points for the purpose of denial, cancellation, revocation, and suspension of licenses of solid waste collectors who violate provisions of this title, the rules and regulations authorized by this section, and other applicable laws; and
9. The definitions and classifications of terms, whether or not such terms are defined in this title.
C. Any license issued pursuant to this title shall be subject to suspension or revocation for any violation of rules and regulations established in accordance with this section. The licensee shall also be subject to the penalty provisions in Chapter 8.
Ord. Nos. 17426, 18956
SECTION 107. UNLAWFUL DUMPING
It shall be unlawful and an offense for any person to dump, deposit, throw, or in any manner leave or abandon any solid waste, including but not limited to garbage, tin cans, bottles, rubbish, refuse, or trash on property owned by another person or upon any public property, including but not limited to any street, road, or park, except in open dumps or sanitary landfills licensed by the City of Tulsa, the state of Oklahoma, or any governmental agency having jurisdiction thereof.
Ord. Nos. 17426, 18956
SECTION 108. UNLAWFUL STORAGE
It shall be unlawful and an offense for any person to store or to accumulate on any property owned or controlled by that person, solid waste, unless the same is contained in the manner which will prevent its being carried by wind, rain, or other atmospheric condition onto the property of another person or onto public property.
Ord. Nos. 17426, 18956
SECTION 109. RECEPTACLES TO BE PROVIDED FOR BUSINESS INVITEES
It shall be unlawful and an offense for any person owning, operating, managing, or having supervisory control of any establishment or place of business open to the public, or any operation, to fail to provide in the area of the establishment or operation open to the public sufficient receptacles for the deposit and containment of the solid waste generated in connection with the operation of the establishment.
Ord. Nos. 17426, 18956
SECTION 110. RECEPTACLES TO BE PROVIDED FOR EMPLOYEES
It shall be unlawful and an offense for any person serving in the capacity of an employer to fail to provide such person's employees, at any location within the City of Tulsa where such person carries on any portion of a business through employees, with sufficient receptacles for the deposit and containment of the solid waste generated by the employees incidental to the employment.
Ord. Nos. 17426, 18956
SECTION 111. PRESUMPTIONS
Solid waste found on public or private property, other than that of the owner of the waste, which contains three (3) or more items bearing a common address in a form which tends to identify the latest owner of the items, shall be a refutable presumption that all competent persons residing at such address or having supervisory control over such premises committed an unlawful act as defined in Sections 107 and 108 herein, provided that one of such items of solid waste bears a date subsequent to June 30, 1981.
Ord. Nos. 17426, 18956
SECTION 112. SCAVENGING PROHIBITED
It shall be unlawful and an offense for any person to Scavenge any item(s) from Recyclable Material that has been set out or containerized for residential collection by any Residential Waste Collector or any entity pursuant to contract with TARE.
Ord. No. 19645
SECTION 113. COLLECTION OF RECYCLABLES
Residential curbside collection of recyclables shall be provided by TARE on a voluntary subscription basis. The cost of subscribing to twice monthly recyclable collection shall be two dollars ($2.00) per month per household, and will be billed on each subscriber's City of Tulsa utility bill.
Ord. No. 19645
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CHAPTER 2
RATES FOR REFUSE COLLECTION AND DISPOSAL
Section 200. Residential Solid Waste Disposal and Collection Rate Structure.
Section 201. Nonresidential Solid Waste Disposal Rate Structure.
Section 202. Allocation of Insufficient Payment.
Section 203. Adjustments to Charge--Appeal.
SECTION 200. RESIDENTIAL SOLID WASTE DISPOSAL AND
COLLECTION RATE STRUCTURE
A. Scope and Purpose. This section includes the definitions of certain terms, the rates of charges per month for collection and disposal of acceptable residential solid waste, the procedure for the determination of such charges, and the allocation of insufficient payments. The purpose of this section is to provide for the protection of the health, safety, and welfare of the residents of the City of Tulsa and to prevent the unlawful collection and disposal of solid waste contrary to the statutes of the state of Oklahoma and the Charter and Revised Ordinances of the City of Tulsa. The purpose for the charges established by this section is to provide funds for the operation of that portion of a system of solid waste management developed under the provisions of 63 O.S.1981, §§ 2251, et seq., as amended and renumbered to 27A O.S.Supp.1996, §§ 2-10-101, et seq., providing for regulation, collection, and disposal of acceptable residential solid waste.
B. Definitions. In addition to the definitions in Section 101, for the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given below.
1. Acceptable Residential Refuse shall mean all acceptable residential solid waste, excluding yard waste, placed in bags, bundles, or containers, not to exceed fifty (50) pounds per item. Where weekly cart service is provided, the cart capacity is limited to two hundred (200) pounds.
2. Backyard shall mean any place greater than four (4) feet but not in excess of one hundred (100) feet from the curb or traveled portion of any roadway.
3. Backyard Collection Service shall mean twice weekly backyard collection of all acceptable residential refuse, and curbside collection of not more than six (6) plastic bags, bundles, or containers of yard waste.
4. Backyard City Service shall mean weekly cart service with backyard collection of all acceptable residential refuse, and curbside collection of not more than twelve (12) plastic bags, bundles, or containers of yard waste.
5. Backyard/Low Generator Service shall mean backyard collection service at a residential dwelling unit having a calculated sanitary sewer base of two thousand (2,000) gallons or less as determined in accordance with measurements made by the City of Tulsa.
6. Backyard/Low Generator City Service shall mean backyard city service at a residential dwelling unit having a calculated sanitary sewer base of two thousand (2,000) gallons or less as determined in accordance with measurements made by the City of Tulsa.
7. Curbside shall mean any place within four (4) feet of the curb or traveled portion of any roadway or alley and outside any fence.
8. Curbside Collection Service shall mean twice weekly curbside collection of all acceptable residential refuse and not more than six (6) plastic bags, bundles, or containers of yard waste.
9. Extra Collection Service shall mean twice weekly collection of all acceptable residential refuse located more than one hundred (100) feet from the curb or traveled portion of the roadway, and curbside collection of not more than twelve (12) plastic bags, bundles, or containers of yard waste.
10. Extra City Service shall mean weekly cart service of all acceptable residential refuse located more than one hundred (100) feet from the curb or traveled portion of the roadway, and curbside collection of not more than twenty-four (24) plastic bags, bundles, or containers of yard waste.
11. Low Generator Collection Service shall mean curbside collection service at a residential dwelling unit having a calculated sanitary sewer base of two thousand (2,000) gallons or less as determined in accordance with measurements made by the City of Tulsa.
12. Low Generator City Service shall mean weekly cart service at a residential dwelling unit having a calculated sanitary sewer base of two thousand (2,000) gallons or less as determined in accordance with measurements made by the City of Tulsa.
13. Low Income/Disabled Collection Service shall mean once-a-week backyard collection service at any residence where the person responsible for the payment of the utility services and every person residing at the residence suffers from certain infirmities of health, physical disability, or age which make them unable to place their acceptable residential refuse at the curbside, and where the total adjusted gross annual income of all persons residing at the residence is less than current Poverty Income Guidelines for all states (except Alaska and Hawaii) and the District of Columbia, as published by the United States Department of Health and Human Services.
14. Low Income/Disabled City Service shall mean backyard city service at any residence where the person responsible for the payment of the utility services and every person residing at the residence suffers from certain infirmities of health, physical disability, or age which make them unable to place their acceptable residential refuse at the curbside, and where the total adjusted gross annual income of all persons residing at the residence is less than current Poverty Income Guidelines for all states (except Alaska and Hawaii) and the District of Columbia, as published by the United States Department of Health and Human Services.
15. Weekly Cart Service shall mean curbside collection service provided once weekly, utilizing a city-provided two hundred (200) pound capacity polycart container, within the area lying west of the centerline of North Yale Avenue and north of the centerline of Interstate Highway Two-Forty-Four (I-244). Overflow acceptable residential waste and yard waste may be placed in cans, bags, boxes, or tied bundles up to fifty (50) pounds in weight per item.
16. Yard Waste shall mean grass clippings, vegetation trimmings, branches and limbs, and leaves placed in cans, bags, boxes, or tied in bundles not exceeding fifty (50) pounds in weight per item. Tied bundles shall not exceed four (4) feet in length.
C. Rates for Collection and Disposal. For the purpose of providing funds for the operation of the system of solid waste management providing for collection of acceptable solid waste and its disposal at a certain mass burn resource recovery, steam and electric generating facility (the "Resource Recovery Facility") used for or in connection with the disposal of solid waste pursuant to a certain Service Agreement dated April 9, 1984, as from time to time amended or supplemented with the approval of the City of Tulsa (the "Service Agreement"), by and between TARE and the Facility Operator, as defined in Chapter 6 of this title, and for the acquisition, construction, equipping, operation and maintenance of such other solid waste disposal sites or facilities and for the provisions of other services, the need for which the City of Tulsa shall from time to time determine, there is hereby levied, imposed and established the following monthly collection service charges ("User Fees"):
Backyard Collection Service $ 17.54 per month
Backyard City Service $ 18.06 per month
Backyard/Low Generator Service $ 16.36 per month
Backyard Low Generator City Service $ 14.26 per month
Curbside Collection Service $ 14.53 per month
Extra Collection Service $ 22.74 per month
Extra City Service $ 21.71 per month
Low Generator Collection Service $ 11.54 per month
Low Generator City Service $ 8.98 per month
Low Income/Disabled Collection Service $ 3.50 per month
Low Income/Disabled City Service $ 3.50 per month
Weekly Cart Service $ 11.37 per month
Provided, user fees shall be increased or decreased from time to time, as the need therefor arises including but not limited as may be necessary or proper in order that the revenues collected in relation to the Resource Recovery Facility and revenues from other sources will at all times be adequate to maintain the Resource Recovery Facility in good repair and sound operating condition, to maintain any reserves created or existing in connection with the financing of the Resource Recovery Facility at the level as may be required, to pay all operation and maintenance expenses of the Resource Recovery Facility, and to pay any other obligations of the City under those certain documents and instruments entered into by the City in connection with the bonded debt relating to the Resource Recovery Facility; and such user fees and other rates, fees and charges shall at all times be established and collected so as to render revenues collected in relation to the Resource Recovery Facility, after payment of the above enumerated items, to be at least equal to the principal installments and interest due in the fiscal year on all outstanding bonded debt relating to the Resource Recovery Facility. Receipts of condemnation, insurance, sale or disposition proceeds shall not be considered revenues for this purpose. If in any fiscal year the revenues collected are not sufficient to provide for all amounts enumerated in the previous paragraph, the Mayor shall submit recommendations as to the revision of the schedule of user fees and other rates, fees and charges then in effect, and upon receipt of such recommendations, such schedule of user fees, rates, fees and charges shall be revised and enacted to the extent recommended by the Mayor and approved by TARE and the City Council of the City of Tulsa and permitted by law; and thereafter user fees, rates, fees and charges shall be charged and collected in accordance with such schedule or any subsequent revision of such schedule as shall thereafter be recommended or approved by the Mayor with such revisions as TARE and the City Council of the City of Tulsa deem appropriate. This Subsection C shall be in full force and effect retroactively on and from June 30, 1989; provided that the rates set forth herein shall be operative on and after October 1, 2000.
D. Low Income/Disabled Collection Service and Low Income/Disabled City Service Application; and Low Generator Services.
1. Applications for low income/disabled collection service and low income/disabled City service shall be made to the Director on a form provided by the City. The Director is authorized and directed to use such available sources, such as but not limited to governmental agencies and volunteer groups, to verify the information contained in the application form.
2. Low generator collection service, low generator city service, backyard/low generator service, and backyard/low generator city service shall be automatically initiated when the sanitary sewer base is determined to be two thousand (2,000) gallons or less. When the sanitary sewer base is determined to exceed 2,000 gallons for a low generator collection service, low generator city service, backyard/low generator service, or backyard/low generator collection service account, it will automatically revert to curbside collection service, weekly cart service, backyard collection service, or backyard city service, respectively.
E. Cart Maintenance Fees. Customers in possession of a cart provided for weekly cart service shall be assessed a cart maintenance fee for carts which are damaged, destroyed, or stolen due to abuse or negligence of the customer. The cart maintenance fee shall equal the actual cost of repair or replacement of the cart, plus a Fourteen Dollar ($14.00) cart set-out fee.
F. Prohibited Residential Refuse Containers. Heavy-walled steel drums or other irregular containers will not be required to be lifted or dumped where the container empty weight or size will cause unreasonable risk of injury.
Ord. Nos. 17426, 18486, 18956, 19334, 19868
SECTION 201. NONRESIDENTIAL SOLID WASTE DISPOSAL RATE STRUCTURE
A. Scope and Purpose. This section includes the definitions of certain terms, the rates per month for disposal of acceptable nonresidential solid waste, the procedure for the determination of such rates, and the allocation of insufficient payments. The purpose of this section is to provide for the protection of the health, safety and welfare of the citizens of the City of Tulsa and to prevent the unlawful disposal of solid waste contrary to the statutes of the state of Oklahoma and the Charter and Revised Ordinances of the City of Tulsa. The purpose of the rates established by this section is to provide funds for the operation of that portion of a system of solid waste management developed under the provisions of 63 O.S.1981, §§ 2251, et seq., as amended and renumbered to 27A O.S. 1997, §§ 2-10-101, providing for the regulation and disposal of acceptable nonresidential solid waste.
B. Definitions. In addition to the definitions in Section 101, for the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings given herein.
1. Compaction Factor shall mean an empirical multiplier applied to those accounts serviced by mechanical compactor type containers. The purpose of this factor is to equate the yards of compacted material to yards of non-compacted material. The compaction factor for loose or non-compacted material is equal to one (1) and the compaction factor for compacted material is four (4).
2. Nonresidential (Commercial) Container shall mean any receptacle from which or in which solid waste is collected by commercial waste collectors. Such containers shall include, but not be limited to, front, side, and rear-load dumpsters, roll-off boxes, transfer trailers, compactors, refuse cubicles, garbage cans, barrels, and trash bags.
3. Container Yard shall mean one (1) cubic yard of solid waste container capacity.
4. Disposal Service Unit (DSU) shall mean a unit equal to one (1) container yard.
5. DSU Rate (DSUR) shall mean that rate per DSU utilized in calculating nonresidential disposal fees.
6. Serviced Container Yards (SCY) shall mean the actual monthly container yards serviced by a licensed commercial hauler. SCY for a container with no weekly collection frequency shall equal: V x CF x N Where:
V = Container volume in cubic yards
CF = Compaction factor
N = Number of times container is serviced in the billing period
SCY for a container with a weekly collection frequency shall equal:
(V x CF x WCF x 4.33) + (V x CF x NES)
Where:
V = Container volume in cubic yards
F = Compaction factor
WCF = Weekly collection frequency
4.33 = Monthly conversion factor
NES = Number of extra services in the billing period
7. Nonresidential shall mean all commercial, industrial, institutional, and multifamily operations or establishments, whether totally or partially occupied, which result in the generation of solid waste or wherein commercial solid waste is being or is capable of being generated. This term shall exclude residential dwelling units as defined in Section 101.
C. Rates for Nonresidential Solid Waste Disposal.
1. Serviced Billing Rates. Nonresidential solid waste generators, serviced by licensed commercial waste collectors shall be billed a monthly solid waste disposal fee calculated in accordance with the following formula:
SCY x DSUR = Disposal billing charge, where:
SCY = Serviced container yards
DSUR = DSU, disposal service unit, rate
2. DSU Rate. Effective October 1, 2000, and until such time as it may be amended, the DSU Rate shall be Two and 58/100 Dollars ($2.58).
D. Security Deposits Required. A security deposit shall be required as a guarantee of payment for nonresidential solid waste disposal pursuant to Title 11-C, Tulsa Revised Ordinances. (EXCEPTION: No deposit shall be required for commercial waste generators who can establish the existence of an agreement for collection and disposal of solid waste made on or before February 1, 1991, with a commercial waste collector licensed under the provisions of this title.) Any past due account shall be required to have the deposit, regardless of the existence of an agreement.
Ord. Nos. 17426, 18956, 19334, 19498, 19868
SECTION 202. ALLOCATION OF INSUFFICIENT PAYMENT
A. The charges established for residential solid waste collection and disposal services and nonresidential solid waste disposal shall be billed to each residential solid waste generator or nonresidential solid waste generator monthly, along with the bill for water and other City of Tulsa utility services, and shall be subject to those penalties as may be established for City of Tulsa utility service bills. No charges shall be made for residential solid waste collection and disposal service during periods when premises which normally receive water service are turned off or disconnected from water service due to a vacancy of the premise longer than one (1) full billing period. Charges shall be made for services during periods when the premises which normally receive water service are turned off or disconnected due to credit delinquency or health or safety reasons. In those cases where water service is obtained from a source other than directly from the City of Tulsa, no allowance shall be made for vacancy or non-use until after sworn notification of such vacancy on forms prescribed by the City shall have been received by the Director, and then only when such vacancy is longer than one (1) full billing period. No charges shall be made for nonresidential solid waste disposal during periods when no nonresidential solid waste collection and disposal service has occurred.
B. In the event a payment is tendered for water service, sanitary sewer service, stormwater drainage service, sanitary sewer nuisance abatement fees, and/or residential solid waste collection and disposal service or nonresidential solid waste disposal service in an amount insufficient to pay in full all charges so billed, credit shall be given first to charges for the stormwater drainage service, second to residential solid waste collection and disposal service or nonresidential solid waste disposal service, third to the sanitary sewer service, fourth to any sanitary sewer nuisance abatement fees, and lastly to the water service.
C. In the event any utility account shall become delinquent, water service may be terminated by the City of Tulsa until all delinquent charges shall be paid in full.
D. If a nonresidential solid waste generator has no existing City water and sanitary sewer account, a Commercial Refuse Only ("CRO") account shall be established for such generator. If such established account becomes over sixty (60) days in arrears, the City of Tulsa may pursue any and all lawful and appropriate collection remedies, including but not be limited to:
1. Suspension of solid waste collection by any waste collector licensed pursuant to provisions of this title; and
2. Civil action against the delinquent generator seeking monetary relief for the amounts owed for the disposal service.
E. The provisions for allocation of insufficient payments set out herein shall be in addition to any other rights and remedies which the City of Tulsa and/or TARE may have under the laws of the state of Oklahoma.
Ord. Nos. 17426, 18486, 18956, 20385
SECTION 203. ADJUSTMENTS TO CHARGE--APPEAL
A. Any person, firm, or corporation who is billed for charges outlined in this chapter and who, after contacting Customer Service for review and explanation, considers such charges to be inaccurate, erroneous or inconsistent with the provisions of this chapter, shall have the right to appeal the disputed charges by making a formal verbal or written request to the Section Manager of the Public Works Department, who will, within ten (10) days, provide to the appellant a written decision on the appeal which contains the reasons for the decision. Initiating and pursuing the appeal process shall not excuse the appellant from making full payment of the disputed billing. Credit or a refund of the overpayment will be provided the appellant where overcharges are determined.
B. The appellant may appeal the decision of the Section Manager by filing a written request with the Director within ten (10) days of the date of mailing of the Section Manager's decision. Within ten (10) days following receipt of the request for the review, the Director shall provide the appellant a written decision on the appeal which contains the reasons for the decision.
C. The appellant may appeal the Director's decision to the Tulsa Authority for the Recovery of Energy ("TARE") by filing a written request with the TARE Office within ten (10) days of the date of mailing of the Director's decision. TARE shall conduct a hearing on the appellant's request for review of the Director's decision not less than ten (10) days and not more than fifteen (15) days from the date of receipt of the appellant's request, unless TARE, at its discretion, finds that the hearing should be deferred. The hearing before TARE shall be held in an informal manner and shall be restricted to a review of the decision made by the Director. At the conclusion of the hearing, TARE, by motion, shall render its decision upholding or modifying the Director's decision, or remanding the issue to the Director for further consideration.
Ord. Nos. 17426, 18956
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CHAPTER 3
SANITARY LANDFILL REGULATIONS
Section 300. Scope of Regulations.
Section 301. Definitions.
Section 302. Permit Required.
Section 303. Requirements for Permit.
Section 304. Maintenance Bond.
Section 305. Permit Restrictions and Fees.
Section 306. Exemption.
Section 307. Construction Operation and Closure.
Section 308. Conflict with Other Ordinances or Statutes.
Section 309. Validity of Other Laws.
SECTION 300. SCOPE OF REGULATIONS
For the protection of public safety, health and welfare of the City of Tulsa, the operation of sanitary landfills shall be regulated in accordance with provisions of this chapter.
Ord. No. 17426
SECTION 301. DEFINITIONS
The following terms, whenever used or referred to in this chapter shall, unless different intent clearly appears from the context, be construed to have the meanings given herein.
A. Director shall mean the Director of the City-County Health Department, Tulsa, Oklahoma, or his authorized representative.
B. Disposal Site shall mean the location where any final treatment, utilization, processing or developing of solid waste occurs, but shall not include incineration.
C. Hazardous Waste shall mean any waste or combination of waste which poses a present or potential threat to human health, living organisms or the environment. It shall include waste material that is toxic, corrosive, irritating or sensitizing, biologically infectious, explosive or flammable.
D. Person shall mean any person, firm, corporation, partnership, association or agency of state, county or municipal government, or agency of the federal government.
E. Refuse shall mean all waste material including waste material of animal, vegetable and mineral composition, subject to combustion, putrification or disintegration by oxidation and shall include waste metal and glass, but shall not include common earth, rock or rock aggregate compounds.
F. Sanitary Landfill shall mean the method of disposing of refuse on land without creating nuisances or hazards to public health or safety, utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume and to cover it with an adequate layer of earth at the end of each day's operation or at such more frequent intervals as may be necessary.
G. Solid Waste shall mean all putrescible and non-putrescible refuse in solid or semi-solid form, including but not limited to garbage, rubbish, ashes, or incinerator residue, street refuse, dead animals, construction waste, solid or semi-solid commercial and industrial wastes and hazardous wastes, including explosives, pathological wastes, chemical wastes, herbicidal and pesticide waste.
Ord. No. 17426
SECTION 302. PERMIT REQUIRED
A. It shall be unlawful for any person to operate a disposal site unless that person possesses a valid disposal site permit from the City of Tulsa.
B. No permit shall be issued until the applicant has published the fact that he has made application for a sanitary landfill site in a manner reasonably calculated to inform that portion of the public which is most likely to be affected by the operation of the proposed landfill, provided, however, that this requirement is not necessary for permit renewals. At a minimum, publication shall be made at least once by advertisement in a daily or weekly newspaper of general circulation in the locality where the proposed site is to be located. The contents of the public notice of an application for a landfill shall include the following:
1. The name and address of the applicant;
2. A brief description of the activity for which the permit is being sought;
3. A description of the proposed location;
4. The name and address of the City-County Health Department; and
5. The statement, "Any person who may be aggrieved by the issuance of a
permit for this proposed landfill may file with the City County Health Department a verified petition which sets forth the grounds whereby he may be injured and requests that a hearing be held."
C. No permit shall be issued until at least thirty (30) days have expired following publication of the notice of application. The applicant for a permit must establish the date of publication by a verified affidavit from the newspaper which published the notice. If a hearing is held, no permit shall be issued prior to that hearing.
D. The permittee shall submit a written request to the City-County Health Department for approval of changes to the original plans, specifications, reports and method of operation submitted with the original engineering report. No such change shall be initiated until the written approval of the Director has been obtained.
Ord. No. 17426
SECTION 303. REQUIREMENTS FOR PERMIT
A. Each applicant for a permit as required herein, shall submit a written application to the Director. If the Director approves the application, he shall certify the application to the Department of Finance of the City of Tulsa for issuance of a license. If the Director disapproves, he shall notify the applicant in writing, stating the reasons for disapproval.
B. An amended engineering report may be required, if a permit is revoked or suspended or if permit renewal is refused, before a landfill may be allowed to reopen.
C. Each application shall contain four (4) copies of the engineering report prepared, signed and sealed by a registered professional engineer licensed in the state of Oklahoma, and such engineering report shall set forth the plan of operation, design, method and the type and amount of equipment for operation of a sanitary landfill. A copy of the engineering report shall be submitted to the Director of Public Works for review.
D. The engineering report shall include, but not be limited to, the following information:
1. The location, zoning and boundaries of the site; the proposed location of all utilities and appurtenances for the landfill, including access, roadways and fencing; a topographical map of the area on vertical contour intervals of three (3) feet or less;
2. An aerial photograph showing land use and a description of all structures, including dwellings, schools, churches, commercial buildings and parks, and of all zoning within one-half (½) mile of such installation, and airports and airfields within two (2) miles; a map may be submitted in addition to the aerial photograph for the purpose of describing the land use; the map or aerial photograph shall be of sufficient scale to show all applicable details; and the boundaries of the site shall be clearly indicated on the aerial photograph;
3. An engineering evaluation describing the proposed method of operation, including cross-sections and the progression of filling the site; an estimate of the duration of the landfill site; a topographic map showing the contours of the completed site; the methods of compaction of solid waste, types and sources of daily, intermediate and final cover to be used;
4. An engineering report which shall include types of waste to be received and an estimate of the daily quantity of waste to be received;
5. The proposed ultimate use of the site;
6. The design, which shall provide for the diversion of surface runoff from the active areas where wastes are being deposited; as filling continues to completion, the surface shall be sloped so that water is diverted away from the area where refuse has been or is being deposited; the design shall include methods of keeping surface water out of the area where refuse is deposited;
7. If salvaging is proposed on the site, a detailed method of the salvage operation, including types of material to be salvaged, as well as the method of storage;
8. A soil report with borings extending at least three (3) feet below the lowest level of the proposed excavation and other geological data locating all strata and water tables and accompanied by a soil classification; when borings are drilled to obtain data, information showing the number of plugging or sealing of such holes;
9. An engineering report which includes a flow diagram of any groundwater which may be potentially contaminated; and
10. Such additional information as deemed necessary by the Director.
E. The requirements set out in this section, where appropriate, may be waived by the Director of the City-County Health Department.
F. The Director may require the landfill manager and equipment operators to complete a course of instruction and/or to make a passing grade on an examination offered by the Director in the principles of sanitary landfill operation.
Ord. No. 17426
SECTION 304. MAINTENANCE BOND
Prior to the issuance of a permit for a sanitary landfill, an applicant shall submit to the Department of Finance of the City of Tulsa a maintenance bond in the basic sum of Two Thousand Dollars ($2,000) per acre of landfill site. Such bond shall be conditioned on the landfill site's being operated in compliance with the provisions of this chapter and shall be kept in full force and effect during the term of the permit and for three (3) years following the completion of operation of the landfill. The bond shall inure to the benefit of the City of Tulsa. Surety on a maintenance bond shall be a company authorized to do business in the state of Oklahoma.
Ord. No. 17426
SECTION 305. PERMIT RESTRICTIONS AND FEES
A. Any person approved to operate a disposal site shall pay a permit fee of One Hundred Dollars ($100.00) per year for each and every site to be operated.
B. A permit shall be granted only to the person in whose name it is issued and shall not be transferrable to any other person or location other than the original permittee or location.
C. No permit shall be reissued where open burning, uncontrolled dumping or uncontrolled burial is performed or where water may be polluted.
D. Applications for permit renewal shall be made at least thirty (30) days prior to the expiration date of an existing permit.
Ord. No. 17426
SECTION 306. EXEMPTION
A county or municipal government, agency of the state, or agency of the federal government shall not be required to pay a permit fee or to obtain a maintenance bond.
Ord. No. 17426
SECTION 307. CONSTRUCTION, OPERATION AND CLOSURE
The construction, operation and closure requirements for all landfill operations shall be governed by state law, specifically the Oklahoma Solid Waste Management Act, found at 27A O.S.Supp.1996, §§ 2-10-101, et seq., and those rules and regulations promulgated by the State Board of Health in furtherance of the enforcement of the Act.
Ord. No. 17426
SECTION 308. CONFLICT WITH OTHER ORDINANCES OR STATUTES
No provisions of this chapter shall be held to deprive any federal or state agency or any municipal authority having jurisdiction, of any power or authority which it had on the effective date of this chapter or of any remedy then existing for the enforcement of its orders.
Ord. No. 17426
SECTION 309. VALIDITY OF OTHER LAWS
Nothing in this chapter shall be construed to prevent the enforcement of other laws which prescribe more restrictive limitations.
Ord. No. 17426
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CHAPTER 4
CONSTRUCTION AND DEMOLITION LANDFILL REGULATIONS
Section 400. Scope of Regulations.
Section 401. Definitions.
Section 402. Permit Required.
Section 403. Requirements for Permit.
Section 404. Maintenance Bond.
Section 405. Permit Restriction and Fees.
Section 406. Exemption.
Section 407. Construction, Operation, Closure.
Section 408. Conflict with other Ordinances or Statutes.
Section 409. Validity of Other Laws.
SECTION 400. SCOPE OF REGULATIONS
For the protection of the public safety, health and welfare of the City of Tulsa, the operation of construction and demolition landfills shall be regulated in accordance with the provisions of this chapter.
Ord. No. 17426
SECTION 401. DEFINITIONS
As used in this chapter, the following terms shall have the meanings given herein.
A. Construction and Demolition Wastes shall mean wastes from construction and demolition operations and shall include, but shall not be limited to concrete, bricks, plumbing fixtures, plastics, lumber, trees and tree trimmings.
B. Director, Director of Health, and Health Officer shall mean the Director of the City-County Health Department, Tulsa, Oklahoma, or his authorized representative.
C. Person shall mean any person, firm, corporation, partnership, association or agency of state, county or municipal government, or agency of the federal government.
D. Salvage shall mean reclaimable solid waste such as paper, metal, bottles or other similar objects saved for the purpose of sale.
E. Scavenge shall mean the removal of salvage items from the refuse disposal site, other than where the normal salvage operations are taking place, by personnel not employed by the landfill operator.
F. Fifty (50)-Year Flood Plain shall mean the area inundated by a flood or rain storm having an average statistical frequency of occurrence in the order of once every fifty (50) years, although the flood or rain storm may actually occur in any year.
G. One Hundred (100)-Year Flood Plain shall mean the area inundated by a flood or rain storm having an average statistical frequency of occurrence in the order of once in one hundred (100) years, although the flood or rain storm may actually occur in any year.
Ord. No. 17426
SECTION 402. PERMIT REQUIRED
Any person operating a construction and demolition landfill shall possess a valid permit to operate such landfill.
Ord. No. 17426
SECTION 403. REQUIREMENTS FOR PERMIT
A. Each applicant for a permit as required herein, shall submit a written application to the Director. If the Director approves the application, he shall certify the application to the Department of Finance of the City of Tulsa for issuance of a license. If the Director disapproves the application, he shall notify the applicant in writing concerning reasons for disapproval.
B. Each application shall contain four (4) copies of an engineering report prepared, signed and sealed by a registered professional engineer licensed in the state of Oklahoma, and such engineering report shall set forth the plan of operation, the design, the method for operations and the amount and type of equipment for operating a construction and demolition landfill, along with an aerial photograph of the proposed site.
A copy of the engineering report shall be submitted to the Director of Public Works for review.
C. The engineering report shall include the following:
1. The location, zoning and boundaries of the site; the proposed location of all utilities and appurtenances for the landfill, including access, roadways and fencing; a topographical map of the area on vertical contour intervals of two (2) feet; and the location and description of all structures including dwellings, schools, churches, commercial buildings, parks within six hundred (600) feet; and airports and airfields within two (2) miles;
2. An engineering evaluation covering the proposed method of operation; a pertinent cross-section and plans for the progressive filling the site; an estimate of the duration of the operations of the landfill site; an indication of the contours when the landfill is completed and the proposed ultimate use of the site; if salvaging is proposed on the site, a detailed method of the salvage operation, including types of materials to be salvaged, as well as the method of storage; a soil report with borings extending at least three (3) feet below the lowest level of the proposed excavation and other geological data locating all strata and water tables and accompanied by a soil classification;
3. A map of the flood plain; and
4. Such additional information as shall be deemed necessary by the Director.
D. If a construction and demolition landfill is located in the one hundred (100)-
year flood plain, it shall be protected to at least the one hundred (100)-year flood design by impervious dikes and other appropriate means to prevent the flood waters from contacting solid waste. An evaluation must be provided of the potential problems created by restrictions of the flood flow due to the location of the construction and demolition landfill. No construction and demolition landfill shall be allowed within the fifty (50)-year flood plain.
E. The requirements set out in this section, where appropriate, may be waived by the Director of the City-County Health Department.
Ord. No. 17426
SECTION 404. MAINTENANCE BOND
Prior to the issuance of a permit, the applicant shall submit to the Department of Finance of the City of Tulsa a maintenance bond in the basic sum of One Thousand Dollars ($1,000.00) per acre of the landfill site. Such bond shall be conditioned on the landfill site's being operated in compliance with the provisions of this chapter. It shall be kept in full force and effect during the term of the permit and for two (2) years following the completion of the operation of the landfill site. It shall inure to the benefit of the City of Tulsa. Surety on the maintenance bond shall be a company authorized to do business in the state of Oklahoma.
Ord. No. 17426
SECTION 405. PERMIT RESTRICTION AND FEES
A. Any person approved to operate a construction and demolition landfill site shall pay a permit fee of One Hundred Dollars ($100.00) per year for each and every site to be operated.
B. A permit shall be granted only to the person in whose name it is issued and shall not be transferrable to any other person or location.
C. No permit shall be issued for a construction and demolition landfill where open burning, uncontrolled dumping or uncontrolled burial is performed or where water may be polluted.
Ord. No. 17426
SECTION 406. EXEMPTION
A. Governmental Units. A county or municipal government, agency of the state, or agency of the federal government shall not be required to pay a permit fee or to obtain a maintenance bond.
B. City or Town Lot. A small area covering less than seven thousand five hundred (7,500) square feet, commonly known as a city or town lot, shall not be required to secure a permit or maintenance bond. However, such area shall be subject to the standards of these regulations and shall be governed thereby.
Ord. No. 17426
SECTION 407. CONSTRUCTION, OPERATION, CLOSURE
The construction, operation and closure requirements for all landfill operations shall be governed by state law, specifically the Oklahoma Solid Waste Management Act, found at 27A O.S.Supp.1996, §§ 2-10-101, et seq., as amended, and those rules and regulations promulgated by the State Board of Health in furtherance of the enforcement of the Act.
Ord. No. 17426
SECTION 408. CONFLICT WITH OTHER ORDINANCES OR STATUTES
No provisions of this chapter shall be held to deprive any federal or state agency or any municipal authority having jurisdiction, of any power or authority which it had on the effective date of this chapter or of any remedy then existing for the enforcement of its orders.
Ord. No. 17426
SECTION 409. VALIDITY OF OTHER LAWS
Nothing in this chapter shall be construed to prevent the enforcement of other laws which prescribe more restrictive limitations.
Ord. Nos. 14272, 17426
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CHAPTER 5
LICENSED SOLID WASTE COLLECTORS
Section 500. Waste Collectors License Required, Penalty.
Section 501. Exemptions from License Requirement.
Section 502. License Expirations.
Section 503. Unacceptable Solid Waste or Recyclable Materials.
Section 504. Impoundment and Confiscation of Vehicles.
Section 505. Reporting Requirements.
Section 506. Licensing Requirements.
Section 507. Solid Waste Management Requirements.
SECTION 500. WASTE COLLECTORS LICENSE REQUIRED, PENALTY
A. No person, except as otherwise provided in this chapter, shall be granted the privilege of collecting, removing, or transporting solid waste within the jurisdiction and control of the City of Tulsa unless such person possesses a valid waste collector's license issued pursuant to the provisions of this chapter. Waste collector licenses are not transferrable.
B. Except as provided in Section 501, it shall be unlawful and an offense for any person or entity to collect, remove, or transport solid waste collected within the City of Tulsa without first being in possession of a valid waste collector's license issued by the City of Tulsa. Collecting, transporting, and disposing of solid waste with any vehicle used temporarily or any newly-acquired or loaned vehicles for which the waste collector has no license will be allowed only if prior approval is obtained from the Director in accordance with the rules and regulations.
C. Every person convicted of a violation of this section shall be subject to the penalty provisions in Chapter 7.
Ord. Nos. 17426, 18956
SECTION 501. EXEMPTIONS FROM LICENSE REQUIREMENT
A. The following are hereby exempted from the licensing requirements of this chapter:
1. The United States, the state of Oklahoma, political subdivisions of the state, and the City of Tulsa, including their employees while acting in their official capacity;
2. The Tulsa Authority for Recovery of Energy (TARE), including its employees while acting in their official capacity;
3. Natural persons who, in an individual and private capacity, collect, remove, transport, or dispose of solid waste not for hire, profit, consideration, or advantage; and
4. Satellite vehicles listed as satellite vehicles on the application of the licensed vehicle(s) with which they are associated and insured as provided in the rules and regulations.
B. Certain satellite vehicles, specifically defined as self-propelled or motordriven cycles modified for the purpose of waste collection and used in conjunction with a vehicle licensed to a waste collector, are exempt from the provisions of Title 37, Tulsa Revised Ordinances, Chapter 4, Sections 409 and 410, and Chapter 7.
Ord. Nos. 17426, 18956
SECTION 502. LICENSE EXPIRATIONS
Every waste collector's license shall be issued for a period not to exceed one (1) year and shall expire at midnight each year on the 31st day of March. Each license may be renewable upon application and the payment of the required fees. The City of Tulsa shall act on applications for renewal or the initial issuance of a license within twenty (20) calendar days of the date of application.
Ord. Nos. 17426, 18956
SECTION 503. UNACCEPTABLE SOLID WASTE OR RECYCLABLE MATERIALS
To the extent that any nonresidential solid waste shall be unacceptable solidwaste and ineligible for disposal at such sites as the City of Tulsa or TARE may establish, any nonresidential solid waste collector licensed pursuant to Chapter 5 may request an exception from the City's exclusive disposal charges by submitting a request to the Director, in a form and manner acceptable to the Director, for the purpose of being permitted to bill nonresidential solid waste generators directly for the disposal of unacceptable solid waste. It shall be unlawful and an offense for any entity to bill nonresidential solid waste generators directly for the disposal of any solid wastes in the absence of an exception granted by the Director.
Ord. Nos. 17426, 18956
SECTION 504. IMPOUNDMENT AND CONFISCATION OF VEHICLES
A. It shall be unlawful and a public nuisance for any person to park, drive, or permit to be parked or driven any vehicle on any public way, street, avenue, alley, road, or other public property while engaging in the collection, removal, transportation, or disposal of solid waste without first having been issued a waste collector's license or while such a waste collector's license is suspended or revoked. Any vehicle used in violation of the provisions of this section is hereby declared to be a public nuisance and may be immediately impounded or caused to be impounded by any police officer pursuant to this section.
B. Any vehicle impounded under this section shall be taken to a garage which has been designated or is maintained by the City of Tulsa for the storage of impounded vehicles. Before taking the impounded vehicle to the garage, the police officer, with the assistance of authorized personnel in the Public Works Department, shall drive the vehicle or have it towed to an appropriate site for disposal of the solid waste in the vehicle.
C. The charge for towing or removal of any vehicle under this section, including storage charges, shall be based upon the actual expenses incurred in such towing and storage. The charge for disposing of the solid waste under this section shall be based upon the actual incurred expenses.
D. Any vehicle impounded pursuant to this section shall be released if the waste collector license required by this title is obtained or upon the execution of a written assurance that the vehicle will not be used in violation of this title and upon the payment of all towing and storage charges and all solid waste disposal charges.
E. Any vehicle impounded and stored under the terms of this chapter which is not claimed and removed by the owner thereof within sixty (60) days of impoundment may be sold at public auction and the proceeds applied to towing, storage, and the solid waste disposal costs. Such sale shall be conducted in a manner described by 42 O.S.Supp.1996, § 91.
F. Upon a second violation and conviction of any person under this section, the vehicle used in violation of this section may be ordered by a Judge of the Municipal Court to be held pending a hearing on a date set by the Judge to determine whether such vehicle has been used in violation of the Tulsa Revised Ordinances and should be confiscated. Any vehicle used in violation of this section is hereby declared to be contraband, subject to seizure and confiscation. Any person known to the Director to be claiming an interest in such vehicle shall be notified in writing of the hearing at least five (5) days prior to the sale; provided that notice given in open court to the person operating the vehicle shall be sufficient to him. Upon such hearing, the Court may order the vehicle sold unless it appears to the Court that the owner thereof did not participate in or have knowledge of such violation or of the intended use of the vehicle. The vehicle, if ordered sold, shall be sold at a public auction to the highest bidder for cash by the City of Tulsa and the proceeds shall be paid into the general fund of the City of Tulsa.
Ord. Nos. 17426, 18956
SECTION 505. REPORTING REQUIREMENTS
Commercial waste collectors shall submit information to the Director regarding acceptable solid waste collection, unacceptable solid waste collection, and recyclable materials collections in accordance with the rules and regulations.
Ord. Nos. 17426, 18956
SECTION 506. LICENSING REQUIREMENTS
The following license requirements shall be in accordance with the rules and regulations authorized by this title:
A. License application;
B. Approval for license issuance, insurance required;
C. License types and fees;
D. License denial, cancellation, suspension, or revocation; and
E. Procedure for license denial, cancellation, suspension, or revocation and appeal.
Ord. No. 18956
SECTION 507. SOLID WASTE MANAGEMENT REQUIREMENTS
Other miscellaneous waste collector requirements covered in the rules and regulations authorized by this title shall include but not be limited to:
A. Container identification;
B. Hours of collection;
C. Commingling of solid waste;
D. Vehicle requirements;
E. Maintenance of customer records;
F. Vehicle inspections;
G. Waste spills;
H. Removal of commercial waste collector's containers;
I. Solid waste disposal manifest; and
J. Dual generation of solid waste.
Ord. No. 18956
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CHAPTER 6
INDUCEMENT IN ESTABLISHMENT OF RESOURCE RECOVERY FACILITY
Section 600. Inducement to Joint and Several Undertakings.
SECTION 600. INDUCEMENT TO JOINT AND SEVERAL UNDERTAKINGS
The legislative enactments set forth and contained in this title, insofar as they affect the establishment, financing, construction or operation and maintenance of the Resource Recovery Facility and the other obligations of TARE and Ogden Martin Systems of Tulsa, Inc., and its permitted successors and assigns ("Facility Operator"), under the Service Agreement ("Service Agreement”), dated April 9, 1984, between TARE and the Facility Operator, as amended, are hereby declared to be and shall be deemed and construed as an inducement to the joint and several undertakings of TARE, the Facility Operator, and the Tulsa Public Facilities Authority ("TPFA"), in establishing the Resource Recovery Facility in the City of Tulsa and financing the costs thereof and additions thereto, through the issuance of obligations by TPFA for loan of the proceeds thereof to the Facility Operator or TARE, as the case may be, for expenditure of such proceeds for such purposes. The Resource Recovery Facility, pursuant to contracts in effect between TARE and the Facility Operator which govern the collection, removal, transportation, disposal and other disposition of acceptable residential solid waste within the City of Tulsa and which may in the future respect the collection of like commercial solid waste, shall be established for purposes of receiving and disposing of such solid waste and deriving proceeds from the sale of recoverable materials extracted or derived, and the sale of steam and/or electric energy derived from the methodology utilized in such disposal and disposition, and in partial fulfillment of TARE's contractual obligations to the City of Tulsa with respect to TARE's collection, removal, transportation and disposal of all acceptable residential solid waste for the citizens of Tulsa, as such contract may hereafter be amended, and TARE's other obligations to the City of Tulsa, as a duly constituted authority thereof created expressly for, among others, such purposes. Such legislative enactment and such inducement are further declared to be and shall be deemed and construed as being in contemplation of the vesting of certain rights in TARE, TPFA and the Facility Operator, and their respective successors and assigns (to the extent pertaining to the establishment, financing of the costs of, maintenance and/or operation of the Resource Recovery Facility and other obligations of TARE and the Facility Operator under the Service Agreement), and the assignment thereof as security for certain financial obligations to be incurred in connection therewith and therefor, for the benefit, among others, of the owners or holders, from time to time, of such financial obligations.
Ord. No. 17426
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CHAPTER 7
PENALTY
Section 700. Violation, Penalty.
Section 701. Fine Not Exclusive Penalty.
SECTION 700. VIOLATION, PENALTY
Unless otherwise provided herein, any person violating any of the provisions of this title shall be guilty of an offense and upon conviction thereof shall be punished by a fine of not more than FIVE HUNDRED DOLLARS ($500.00), excluding costs, and/or by imprisonment in the City Jail for a period of not more than ninety (90) days. Each day of such violation shall constitute a separate offense.
Ord. Nos. 17426, 18956
SECTION 701. FINE NOT EXCLUSIVE PENALTY
The penalties herein prescribed shall not be construed as exclusive and shall not prevent the City of Tulsa or its authorized officials from taking other action authorized by law to remedy the violation.
Ord. No. 18956
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CHAPTER 8
ENFORCEMENT AND PENALTIES
Section 800. Scope.
Section 801. Citation Authority.
Section 802. Penalty Points System.
Section 803. License Denial, Cancellation, Suspension, or Revocation.
SECTION 800. SCOPE
Duly authorized inspectors of the City of Tulsa Department of Public Works shall have the authority to enforce the provisions of this title, the rules and regulations authorized by this title, and in addition, the provisions of Title 24 (Nuisances), which are pertinent to the proper management of solid waste.
Ord. Nos. 17426, 18956, 19247
SECTION 801. CITATION AUTHORITY
With respect to the enforcement of the above provisions, titles, and rules and regulations, the duly authorized inspectors shall be empowered with Code Citation Authority under and in accordance with the provisions of Title 29, Sections 500 through 514, inclusive, of the Tulsa Revised Ordinances.
Ord. Nos. 17426, 18956, 19247
SECTION 802. PENALTY POINTS SYSTEM
A penalty points system shall be established in the rules and regulations authorized by this title. Assessment of a specified number of penalty points to a hauler as provided in the rules and regulations may result in license denial, cancellation, suspension, or revocation.
Ord. Nos. 17426, 18956, 19247
SECTION 803. LICENSE DENIAL, CANCELLATION, SUSPENSION, OR REVOCATION
Provisions for the Director to deny, cancel, suspend, or revoke a hauler's license and provisions for hauler appeals of such actions shall be established in the rules and regulations authorized by this title.
Ord. Nos. 17426, 18956, 19247
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