ARTICLE II. - RESIDENTIAL SERVICES PROVIDED FOR BY THE CITY

Types to use. It shall be the duty of the owner, manager, tenant, or occupant of any dwelling, building, or premises to place household refuse and recycling in authorized containers for collection by city trucks in the manner prescribed below. Reusable collection containers are authorized. Residents serviced by the city's collection system shall be provided reusable, wheeled containers. Use of these containers is mandatory. Only city-provided containers will be serviced. Ownership of these containers belongs to the city. All materials placed out for collection must be within the container. No materials set outside or alongside the container will be collected.

(2)

Weight limitations. It shall be the duty of the owner, tenant or occupant of any dwelling, building or premises to ensure that the total weight of any container and contents does not exceed the maximum weight rating imprinted on the container.

(3)

Number of containers. It shall be the duty of the owner, manager, tenant, or occupant of any dwelling, building, or premises to provide for a sufficient number of containers to contain the solid waste or recycling generated at such dwelling, building, or premises from one pickup time to the next pickup time.

City-provided collection. CPS Energy electric meter accounts shall be the basis for provision of city-provided containers. Each such residential account shall be provided one (1) standard container for each service type.

Convenience. Containers (smaller sized) may be substituted for low-volume generators or locations with storage space constraints.

Additional containers. Large volume generators and locations wherein the electric meter account does not accurately reflect the residences (e.g., master meters) may be provided additional standard containers. Additional monthly fees will apply.

(4)

Placement and removal of containers. It shall be the duty of the owner, manager, tenant, or occupant of any dwelling, building, or premises, or the proprietor or manager of any place of business, either in person or by his agent, or employee to place, or cause to be placed, such containers at a place accessible to the collection truck, as may be designated by the director or his designee. Containers shall not block sidewalks or be placed within five (5) feet of a mailbox, parked car, or other fixed object and shall be clear of low hanging limbs and utility lines. All containers must be placed and removed from the curbside in compliance with those specification listed in subsections (c) and (d).

The standard location for container placement on public streets shall be at the base of the curb (where curbs exist) with wheels against the curb.

Where placement at the standard location is not possible or feasible, alternate locations shall be used:

Streets without curbs shall be at the edge of pavement.

High traffic streets shall be in the parkway at the top of the curb.

Driveway apron may also be used in certain restricted locations.

Alleys shall be on a pad specifically constructed for containers or where no pad exits, on a level surface.

Customers receiving collection at the street are required to maintain improvements, trees, and other vegetation in such a way as to:

Provide a minimum overhead clearance of fourteen (14) feet high.

Not extend out in to the roadway in a manner that impedes upon the safe and efficient collection of solid waste.

(5)

Sanitation and maintenance of containers.

It shall be the duty of the owner, manager, tenant, or occupant of any dwelling, building, or premises to keep all reusable containers and the location in which they are placed in a clean condition and free of fly and other insect breeding.

When re-usable or disposable containers are placed at a common pickup location in multifamily living units, it shall be the responsibility of the owner or manager to maintain the containers and area in a sanitary condition.

It shall be the duty of the city to repair or replace damaged city-owned containers. Residents seeking repair or replacement of damaged container may be subject to the conditions in subsection 14-30(a).

(c)

Time for collection.

(1)

It shall be the duty of the owner, manager, tenant or occupant of any dwelling, building or premises to place all containers at the designated point of collection no earlier than 6:00 p.m. of the day preceding scheduled collection. Containers not set out in non-CBD areas by 7:00 a.m. on the day of collection or not at the point of collection when the collection crew passes may not be serviced until the next regularly scheduled collection.

(2)

It shall be the duty of the owner, manager, tenant, or occupant of any dwelling, building or premises to remove all containers from the collection point by 10:00 p.m. on the same day as the collection except where such containers may be stored in alleys designated for collection. Containers not removed shall be declared a public nuisance and may be removed by the city.

(d)

Collection in alleys.

(1)

Alley collection of refuse and recycling containers shall be limited to residents receiving alley collection service on and before October 1, 2010. Alleys constructed after October 1, 2010 may be serviced if the following conditions are met:

At least fifty (50) percent of customers to be serviced in the alley request through petition to receive alley collection service.

Alley surface must be asphalt, smooth, and have a pavement condition index (PCI) of one hundred (100) percent. PCI refers to the physical condition of a roadway; measurement is based on numeric values ranging from zero (0) (poorest condition) to one hundred (100) (new or excellent pavement).

Vegetation must be trimmed and clear of alleyway.

Alley must not have obstacles or debris stockpiles.

Must have clearance of fifteen (15) feet wide and fourteen (14) feet high.

Must have clear path through the entire alley.

Director or his designee must confirm that such alley satisfies the criteria.

(2)

No other collections shall be performed in the alley, including brush collection, bulky collection, or special collections. Placement of any materials in the alley that are not authorized for collection from the alley is a violation of this chapter and may result in fines or penalties.

(3)

It shall be the duty of owners, tenants or occupants of the abutting properties to keep the alleyway clear of obstructions including intruding or overhanging brush and tree limbs.

(4)

There must be clearance of at least fifteen (15) feet wide by fourteen (14) feet high and be free of debris for refuse/recycling collection vehicles to pass through the alley. This shall be the responsibility of owners, tenants, or occupants.

(5)

Temporarily closed. Alleys may be temporarily closed for construction activity (surface repair, utility repairs, or improvements), debris stockpiles, or overgrown vegetation preventing collection.

In the event when an alley is impassible due to debris stockpiles or overgrown vegetation, customers of the abutting property will be notified by the city to take action in maintaining vegetation.

Failure to comply with the department's request for customer action may result in the alley being temporarily closed for collection of refuse and recycling containers. Residents shall be notified that the alley is temporarily closed and that refuse and recycling containers shall be placed at the street side for collection until further notice by the department. Once the temporarily closure is lifted, the department shall notify customers to resume placing refuse and recycling containers in the alley for collection.

Alleys that are temporarily closed for greater than one (1) year due to customer non-compliance may be permanently closed.

(6)

Permanently closed. Alleys with refuse or recycling collection may be permanently closed if one (1) or more of the conditions are met:

Unsafe road conditions, obstacles, or any condition that is unsafe for city collection crews.

Illegal dumping that blocks access or a path for collection crews.

Formal petition by owners or residents, or whomever pays for the service, in which fifty (50) percent of the persons abutting the alley in any given block request that collection service be discontinued.

Alleys that are temporarily closed for greater than one (1) year due to customer non-compliance.

(7)

Reopening a permanently closed alley. An alley may be re-opened for refuse and recycling collection if the following conditions are met:

At least fifty (50) percent of customers serviced in the alley request through petition to have the alley reopened.

Alley surface must be asphalt, smooth, and have a pavement condition index of at least eighty-five (85) percent.

Vegetation must be trimmed and clear of alleyway.

Alley must not have obstacles or debris stockpiles.

Minimum clearance of fifteen (15) feet wide and fourteen (14) feet high.

Must have clear path through the entire alley.

Director or his designee must approve alley collection service.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-11. - Residential recycling collection.

(a)

Acceptable materials.

(1)

Residents are provided a blue recycling container in which to place specified items defined as recyclable materials. Residents participating in the recycling program receive once-per-week collection of recyclable materials and once-per-week collection of refuse. Specific collection days are designated by the director each week.

(2)

Acceptable recyclable materials shall be designated by the city, and include:

Newspaper.

Mixed office paper.

Magazines.

Corrugated cardboard.

Kraft paper.

Aluminum and tin cans.

Steel aerosol cans.

Plastic bottles, tops and containers.

(3)

Recyclable jars, bottles and other food containers should be rinsed and free of contaminants.

(4)

Recyclables shall be placed in the container loosely. No bagged recyclables are allowed.

(5)

At the discretion of the director or his designee, a recycling container shall not be collected if one (1) or more of the following conditions occur:

Contamination of the recycling container by depositing non-recyclable solid waste, including but not limited to:

Refuse.

Appliances.

Clothes.

Dead animals.

Garden hoses.

Toys.

Plastic bags.

Grass clippings.

Bagged leaves.

Placement of household hazardous waste in the recycling container.

(6)

If a recycling container is not serviced due to the conditions detailed in subsection (a)(5) the department shall notify the resident to which the recycling container is assigned in writing when and for what reason the recycling container was not serviced.

(b)

Non-participation in city recycling program. Residents not participating in the city recycling program will receive once-per-week collection of solid waste. Non-participants include the following:

(1)

Residents electing not to participate in the city recycling program; these units do not receive a recycling container.

(2)

Residents that have been removed from the city recycling program. Reasons for removal from the program include, but are not limited to repeated occurrences of contamination of the recycling container as described in subsection (a)(5). Residents that have been removed from the city recycling program will be notified in writing by the department when the recycling container is removed.

(c)

Containers. Residential recycling containers shall be used, distributed, maintained, and collected following the requirements established in subsection 14-10(b).

(d)

Time for collection. Residential recycling containers shall be placed at and removed from the designated points of collection following the requirements established in subsection 14-10(c).

(e)

Collection in alleys. Residential recycling collection service shall be consistent with the requirements established in subsection 14-10(d).

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-12. - Residential brush collection.

(a)

Time for brush collection. Brush collection will take place two (2) times annually by regularly scheduled and approximately evenly spaced cycles as determined by the city. Requests for brush collection service other than during the regularly scheduled cycles shall be considered "out of cycle brush and bulky item collection" services as established in section 14-14

(b)

Brush collection schedule. Residential customers receiving refuse and recycling services from the city will be notified of the brush collection schedule. It shall be the duty of any person to place items for collection only after city notification. It shall be unlawful to place any such items at or near curbside at any time that is outside the time frame noted in the collection schedule.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-13. - Residential bulky waste collection.

(a)

Time for bulky item waste collection. Bulky waste collection will take place once annually by regularly scheduled and approximately evenly spaced cycles as determined by the city. Requests for bulky item waste collection service other than during the regularly scheduled cycles shall be considered "out of cycle brush and bulky item collection" services as established in section 14-14

(b)

Bulky item waste collection schedule. Residential customers receiving refuse and recycling services from the city shall be notified of the bulky item waste collection schedule. It shall be the duty of any person to place items for collection only after city notification. It shall be unlawful to place any such items at or near curbside at any time that is outside the time frame noted in the collection schedule.

(c)

Volume limit for bulky item waste collection. Bulky item waste collection shall not exceed eight (8) cubic yards. If material exceeds the eight (8) cubic yard maximum volume limit, material will not be collected.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-14. - Out of cycle brush and bulky item waste collection.

(a)

Out of cycle brush and/or bulky item collection. A person may arrange for brush and/or bulky item collection at any time. These special collections occur out of the scheduled brush and bulky item collection cycles and will be collected at the person's cost. The person may either arrange for collection through a private commercial hauler or request an out-of-cycle service collection according to the schedule of fees set out in section 14-30

(b)

It shall be the duty of the person making the request to ensure that items are placed on or near curbs in accordance with subsections 14-15(a) and (b). Failure to comply shall be deemed a public nuisance.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-15. - Brush or bulky item waste set-out and collection.

(a)

[Duties.] It shall be the duty of the owner, manager, tenant or occupant of any dwelling, building, or premises to:

(1)

Place only acceptable, non-commingled, non-contaminated, brush or bulky item waste out for collection at the curb.

(2)

Place acceptable, non-commingled, non-contaminated brush or bulky items in a safe and accessible location. Placement shall meet all of the following criteria:

Near the curb.

Clear of overhead obstructions.

Clear of utility appurtenances.

Clear of fences.

Clear of other personal property such as improvements, trees and other vegetation.

Only upon notification by the city.

(3)

Remove the door or lids of all refrigerators, freezers, and similar airtight appliances for safety. Doors or lids shall be placed alongside said appliances.

(b)

No collection in alleys. It shall be unlawful for any person to place brush and/or bulky items in alleys for collection.

(c)

Origin of waste. It shall be unlawful for any person to place brush and/or bulky items that did not originate at the residence from which it is being collected curbside for collection. Furthermore, all materials placed out for collection, and any additional wastes which might accumulate on or contiguous with said piles, are considered the responsibility of the owner, manager, tenant or occupant of any dwelling, building, or premises in front of which the materials are placed.

(d)

Non-compliant piles. It shall be considered a violation of this section if a pile meets any of the following:

(1)

Contaminated (as defined in section 14-1 "definitions").

(2)

Is placed curbside in advance of one (1) week prior to the scheduled collection week.

(3)

Is left curbside more than one (1) week after the scheduled collection.

(e)

Penalties for violation. A person found in violation of this section is subject to one (1) or more of the following:

(1)

A fee according to the schedule of fees set out in subsection 14-45(a).

(2)

A citation and associated penalties.

The property owner shall be primarily responsible to the city for reimbursement of any and all remediation expenses incurred by the city as a result of damage to personal or real property that may occur during any brush or bulky waste collection action (whether regularly, specially scheduled, or ordered for purposes of protecting the public health, safety, or welfare) caused by waste materials obscuring the property or impeding the city's ability to address the waste matter. Damages to property may include damage to meters, sprinkler systems, plumbing appurtenances, fencing, mailboxes, automobiles, or any other item of personal or real property. Costs may be undertaken at the discretion of the city to repair damaged property. The city should maintain the authority to determine if damaged property must be immediately repaired or replaced in order to preserve public health or safety. Tenants and other persons shall be secondarily responsible for reimbursement to the city. The same priority for reimbursement responsibility shall apply to direct fees and payment of administrative costs for extraordinary solid waste services.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-16. - Reserved.

Sec. 14-17. - Drop-off and recycling sites.

(a)

Compliance with onsite signs. It shall be the duty of any person using city solid waste drop-off, recycling and/or processing site to follow all traffic, safety, and directional signs and verbal directions posted or given within any city solid waste drop-off and/or processing facilities at all times. Failure to comply will constitute a violation of this chapter and may result in denial of access to these facilities.

(b)

Covered loads (tarps). All loads of materials entering a city drop-off, recycling or processing site must be secured and covered either by the containment of the vehicle or, if an open topped vehicle, by a covering (tarp). Loaded vehicles exiting city sites must also be covered or contained. Texas state law regarding covered loads must be followed at all times by vehicles using city disposal or processing sites. It shall be the duty of the driver of the vehicle to comply with this section.

(c)

Assumption of risk. Any person entering upon a city-operated solid waste drop-off, recycling or processing site for any purpose shall be conclusively presumed to know and appreciate the hazards and the extent of the risk which accompanies the accumulation of scrap wood, glass, nails, and solid wastes of every description and the use of trucks, vehicles and heavy machinery used to move, remove, bury and dispose of solid waste. Every person entering upon any such site shall be conclusively presumed to have assumed the risk of injury or damage connected with or resulting from such hazards and danger by his or her action in entering upon such site, and for and in consideration of the permission granted by the city to enter upon such site. Upon entering a city operated solid waste disposal, recycling or processing site, every person shall be deemed to have covenanted not to sue and to indemnify, save harmless and defend the city, its agents, officers, and employees, from and against any and all claims of any nature whatsoever for injury or damage to person or property, whether real or asserted, arising out of or resulting from the entry by such person.

(d)

Identification and proof of residence. All individuals requesting to use a city drop-off, recycling or processing site may be required to provide identification and proof of city residence. Acceptable proof includes a current CPS Energy statement reflecting assessment of solid waste or environmental fees accompanied by a valid driver's license or State of Texas ID card. Those not able to prove San Antonio residence may be required to pay the higher "commercial and non-resident" rate as set out in section 14-30

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-18. - Dead animal collection.

(a)

Dead animal collection general. The city shall collect dead animals generated at customer's residences and as may be found in the city's public rights-of-way. Dead animals located on freeways are the responsibility of TxDOT.

(1)

Prior to loading a dead companion animal, such as a dog or cat, into the truck for transport and disposal, the dead animal collector will visually inspect the animal for an identification tag. If a tag is visible, the collector shall determine if it can be removed in a safe, sanitary, and respectful manner. If the tag contains information that is not legible, does not contain adequate contact information, or cannot be removed in a safe, sanitary and respectful manner, then the tag does not need to be removed and no further action is required.

(2)

The department will not retrieve and return a dead animal once it has been collected and placed in a collection vehicle for disposal.

(3)

The city and its agents shall not be required to clean any remaining residues from the point of collection.

(b)

Dead animal collection from residences.

(1)

Disposal in refuse containers. Dead animals collected from residences must be bagged and placed in the refuse container for collection with weekly service.

(2)

Animals too large to be placed in the refuse container must be bagged and placed at the point of collection.

(c)

Dead animal collection request to the city.

(1)

Residents may request collection by contacting the city's customer call center and providing the location and description of the dead animal.

(2)

Dead animals will not be retrieved from underneath buildings or in attics, drainage ditches, or private property except as outlined below. Collection of dead animals other than at the point of collection shall require mutual approval from the director or his designee and the property owner, tenant, or occupant. The city and its agents shall not be held liable for any damages to private property caused by collection activity.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Sec. 14-19. - Commercial services.

(a)

City-provided business municipal solid waste. Businesses provided services by the city or city-contractors in non-CBD areas, shall be similar to and in conjunction with residential collection. It shall be the duty of the owner, manager, tenant, or occupant of any business establishment or building or the agent or employee of any such person to comply with the minimum standards set out in sections 14-10 and 14-11 as applicable, in this chapter. Fees outlined in subsection 14-30(c) apply to city-provided business solid waste collection services.

(b)

Businesses receiving service from the city shall manage, classify and characterize their wastes in accordance with applicable city, state, and federal regulations. Industrial, hazardous and other regulated wastes are prohibited from collection by the city.

(c)

City-provided collection services are provided for use by small quantity generators who generate MSW similar, in both content and volume, to that generated at a residence. A maximum of five (5) container sets will be provided at each business receiving this service. Refuse and recycling collection service at such location must be feasible and within existing collection routes.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Secs. 14-20—14-24. - Reserved.

Sec. 14-25. - Other services.

(a)

Drop-off events (Dial-a-Trailer, free landfill disposal, household hazardous waste). City-sponsored refuse household hazardous waste or recycling drop-off events may be conducted periodically or in accordance with an annual schedule. Drop-off events may be conducted by the city, its collection contractors or in partnership with a private disposal company or recycling processor. Users of these events shall comply with all sections of this code and any additional requirements set by the director. The city reserves the right to screen for and serve only eligible users and will accept only residential wastes at drop-off events.

(b)

Collection assistance service. Residential locations wherein no able-bodied person capable of handling containers resides may be eligible for collection assistance service. On collection day(s) the collector will walk up to a mutually agreed location within the lot, retrieve, empty and return the container to the point from which it was retrieved.

(1)

Residents must be eligible, enrolled, and approved for special collection assistance service.

(2)

Re-enrollment shall be required annually.

(3)

At such time as the situation changes wherein an able-bodied resident becomes available, special collection assistance service terminates and containers must be placed at the point of collection in order to be serviced.

(4)

Upon request for this service and mutual agreement with the city on the retrieval location, resident shall provide safe and unimpeded access to the collector on collection day(s). The collector will not open any gates to reach the container. Dogs and other animals must be restrained.

(c)

Special services to route customers. Only residential customers receiving refuse and recycling services from the city may request the city to perform two (2) free of charge collections for grass clippings, leaves, and weeds. Each residential customer on the system is entitled to two (2) such service calls, per fiscal year, on request. These twice yearly, free service calls limit total combined waste materials, per call, per residential customer, to eight (8) cubic yards that shall not exceed fifty (50) bags and/or boxes predicated upon 0.16 cubic yards per bag/box. Each bag or box must not weigh more than forty (40) pounds and must comply with specifications below. Furthermore, boxes must be made of brown bio-degradable cardboard that contains no deleterious substances. Containers for special services collection of leaves shall be in conformance with the specifications below:

(1)

Paper bags. Paper bags shall be of two-ply kraft and have a wet strength of forty (40) pounds. When placed for collection they shall be securely tied with wire, twine, or tape. These containers must at all times be able to maintain their structural integrity when lifted.

(2)

Cardboard boxes. Cardboard boxes may be used as receptacles for collection of leaves provided they are securely closed to prevent blowing, spilling, and scattering of the materials contained therein and provided that boxes used for this purpose are able to maintain their structural integrity when lifted and of a size and type that can be readily handled by one (1) person when placed in the garbage vehicle. Such boxes shall not exceed four (4) feet in greatest dimension or weigh more than a combined weight (container and its contents) of forty (40) pounds.

(d)

Services to privately-owned streets, roads and driveways.

(1)

Locations within the city limits with privately-owned streets or not abutting a public roadway desiring city collection services may be eligible for such services, provided the conditions below are met:

The department determines that it has safe and unimpeded access for its collection trucks and equipment.

Owner, property manager, tenant association representative, or person authorized to represent the owner(s) executes a release of liability indemnity agreement, agrees that such city services shall be exclusive within the agreed area, and provides a list of addresses for each meter unit for assessment of fees by CPS Energy.

(2)

Upon satisfactory provision of the items in subsection (1) above, all designated residents are eligible for all services listed in this chapter, must comply with provisions of this chapter, and shall be assessed fees accordingly for the term of the agreement.

(3)

In cases impacting public health and safety, where the director determines that the procedure in subsections (1) and (2) above are not feasible, the director may require residents to bring their wastes to the nearest point abutting a public street or roadway.

(e)

Authority to respond to and manage catastrophic damage.

(1)

The director shall have authority to take necessary action and prescribe requirements in response to damage resulting from storms.

(2)

The level of action taken will be in consideration of public health and safety, severity of damage, spread of impact, other departmental priorities, and parity of service entitlements. The director may determine that no extraordinary action is necessary and that any storm damage debris should be managed through normal service levels or at the expense of the resident.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10)

Secs. 14-26—14-29. - Reserved.