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Ord 162 Prohibiting the disposal of any garbageORDINANCE NO. 162 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, PROHIBITING THE DISPOSAL OF ANY GARBAGE, RUBBISH, AUTOMOBILE PARTS, SOLID WASTE, RADIOACTIVE WASTE, OR HAZARDOUS WASTE WITHIN THE CORPORATE LIMITS OR EXTRATERRITORIAL JURISDICTION OF WESTLAKE; PROHIBITING LANDFILLS OR DUMP SITES WITHIN THE CORPORATE LIMITS OR EXTRATERRITORIAL JURISDICTION OF THE TOWN; PERMITTING BURNING OF CERTAIN MATERIALS; PROVIDING FOR COLLECTION OF GARBAGE, TRASH AND RUBBISH; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake is a rural community and the residents of the Town rely on ground water and private water wells for their source of water; and WHEREAS, the dumping and burying of garbage, trash, rubbish, ,solid waste, radioactive waste and hazardous waste will contaminate the ground water supply upon which the citizens of the Town so desperately rely; and WHEREAS, the Town has contracted with a private garbage and trash hauler to collect garbage, trash, rubbish and miscellaneous waste from the residents of Westlake and dispose of same at sites outside the town limits or extraterritorial jurisdiction; and WHEREAS, in order to protect the health, safety and welfare of the citizens of Westlake; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART 1. That the Town does hereby adopt this Ordinance prohibiting the disposal of waste and the operation of landfills and dump sites within the Town or the extraterritorial jurisdiction; said ordinance consisting of Sections 1 through 5 which shall hereafter read as follows: 11 Section 1. Definitions. For the purposes of this Ordinance, the following terms shall have the meanings respectively ascribed to them in this section: Disposal: The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste, radioactive waste or hazardous waste (whether containerized or uncontainerized) into or on any land or water so that such solid waste, radioactive waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. Garbage: Solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling, and sale of produce and other food products. Hazardous Waste: Any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., as amended. Industrial Solid Waste: Solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations. Municipal Solid Waste: Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste other than industrial solid waste. Person: Person means individual, corporation, organization, government or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. 2 Radioactive Waste: That waste which requires specific licensing under Chapter 72, Acts of the 57th Legislature, Regular Session, 1961, as amended (Article 4590f, Vernon's Texas Civil Statutes), and the rules adopted by the Texas Board of Health under that law. Rubbish: Nonputrescible 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; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and like materials which will not burn at ordinary incinerator temperatures (1600 degrees Fahrenheit to 1800 degrees Fahrenheit). Sanitary Landfill: A controlled area of land upon which solid waste is disposed of in accordance with standards, rules, or orders established by the board of health or the board. Solid Waste: Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations, and from community and institutional activities, but does not include: (i) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued pursuant to Chapter 26, Water Code; (ii) soil, dirt, rock, sand and other natural or 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 (iii) waste materials which result from activities associated with the exploration, development, or production of oil or gas or geothermal resources, and any other substance or material regulated by the Railroad Commission of Texas pursuant to Section 91.101, Natural Resources Code. 3 Solid Waste Facility: All contiguous land, and structures, other appurtenances, and improvements on the land, used for processing, storing, or disposing of solid waste. A facility may be publicly or privately owned and consist of several processing, storage, or disposal operational units; e.g., one or more landfills, surface impoundments, or combinations of them. Section 2. Disposal Prohibited. It shall be unlawful for any person to dispose of or permit the disposal of any garbage, hazardous waste, industrial solid waste, municipal solid waste, radioactive waste, rubbish, or solid waste on any land within the corporate limits or the extraterritorial jurisdiction of the Town of Westlake except to place the same in proper containers constructed of metal, plastic, rubber or paper and placed appropriately for collection by an authorized refuse collection service. Section 3. Sanitary Landfill Prohibited. It shall be unlawful for any person to operate a sanitary landfill or a facility for the disposal of hazardous waste, industrial solid waste, municipal solid waste, or radioactive waste within the corporate limits or the extraterritorial jurisdiction of the Town of Westlake except to place the same in proper containers, either metal, plastic, rubber or paper, for collection by an authorized refuse collection service. Section 4. Exceptions. A person may burn, on one's own property, the following combustible waste materials: paper, cartons, wood, yard trimmings, leaves and similar materials, provided that said burning is in accordance with all federal, state, and county rules and regulations. Section 5. Refuse Collection Service. The Town has entered into an agreement with a private refuse collection service to collect garbage, trash and rubbish from the 0 residents of the Town by emptying or collecting garbage cans, trash receptacles, or containers, and transporting same to a sanitary landfill outside the corporate limits of the Town. Citizens should endeavor to utilize this service. PART 11. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not less than Five Dollars ($5.00), nor more than One Hundred Dollars ($100.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. PART III. It is hereby declared to be the intention of the Town Board of Aldermen that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconsti- tutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the Town Board of Aldermen without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. PART IV. That this Ordinance shall become effective and be in full force and effect from and after the date of its passage and publications, as required by law, and it is so ordained. PASSED AND APPROVED this the _ day ofr 1987. —� ATTEST: y� r GE6' Whig; Town Secretary Town of Westlake, Texas APPROVED AS TO LEGAL FORM: Paul C. ]sham, Town Attorney Town of Westlake, Texas 03/132 Dale White, Mayor Town of Westlake, Texas N