City may not provide collection service if the rules and regulations under this chapter are not followed or if any material is not placed or prepared as set forth in this chapter.
Residents shall have all materials , placed at the curb no earlier than 6:00 p.m. on the day before their collection day and no later than 7:00 a.m. on the morning of their collection day; materials placed out after 7:00 a.m. on the day of collection may not be collected as the collection truck may have passed by the address; materials placed out after 7:00 a.m. on the day of collection and not collected must be removed from the curb; collection days are subject to change and are listed on the city's website.
(1) 
All materials must be placed in a garbage bag or a recycling bag or be disposed of in an approved way under this chapter. All garbage waste in excess of eight (8) bags shall not be collected. All garbage bags in excess of eight (8) shall be placed behind a screened wall away from public view until the next scheduled pick-up.
(2) 
Curbside recycling shall be placed in a recycling bag.
(3) 
Cardboard boxes must be broken down to be collected, other than large cardboard boxes. Boxes broken down should be placed under a recycling bag and will be collected as recycling.
(4) 
Large cardboard boxes do not have to be broken down to be collected but must be empty.
(5) 
Any bulky items in excess of four (4) items on any pick-up day shall not be collected.
(6) 
Brush shall be less than two (2) feet in diameter and cut to no more than four (4) feet in length, stacked neatly with the cut ends toward the street at the curb line. Brush consisting of small pieces, small cuttings, and small loose material shall be placed in approved garbage bags. No unit, piece, or bag shall weigh more than fifty (50) pounds.
(7) 
All items set out for collections shall be set in an area free from obstructions (i.e., overhead lines, gas meter, water meter, fire hydrant, parked cars, mailbox, etc.)
(8) 
All brush, bulky items, construction and demolition debris (C&D), and garbage, industrial waste, putrescible waste produced by a service provider must be removed by the service provider. The city shall not collect brush, bulky items, construction & demolition debris (C&D), garbage, industrial waste, or putrescible waste produced by the service provider.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Garbage, brush, bulky items, construction and demolition debris (C&D), industrial waste, putrescible waste, placed in garbage cans at the curb shall not be collected by the city.
(b) 
Contaminated recycling shall not be collected. Recyclable items are subject to change. For a full list of recyclable items please refer to the City of Irving website.
(c) 
Used or scrap tires shall not be collected curbside. All tires shall be removed by the owner at the owner's own expense. Up to five (5) passenger vehicle tires per calendar year, per address, may be taken to the City of Irving Landfill to be recycled, at no charge. Passenger vehicle tires in excess of five (5) tires per calendar year will be assessed a five dollars ($5.00) per tire, recycling fee.
(d) 
Construction and demolition debris (C&D) of any kind will not be collected by the city and construction and demolition debris (C&D) that containments any other materials shall not be collected including those materials which would normally be collected under this chapter.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Residential customers shall pay a regular charge for each month or part thereof for such refuse pickup service, as provided in article V. of this chapter.
(b) 
Residential customers age sixty-five (65) or older who are the responsible occupant may upon completion of an application and proof of age be granted a twenty (20) percent reduction in the monthly charge for residential single-family sanitation service. The discounted rate shall be effective on the first billing date following receipt of said application and proof of age. A responsible occupant is defined as an individual residing at the address and in whose name the account has been established.
(c) 
Residential customers receiving social security disability income as a result of a disability who are the responsible occupant may upon completion of an application and proof of being a recipient of social security disability income due to a disability be granted a twenty (20) percent reduction in the monthly charge for residential single-family sanitation service. The discounted rate shall be effective on the first billing date following the processing of said application and proof of age. A responsible occupant is defined as an individual residing at the address and in whose name the account has been established.
(d) 
No customer or account shall receive more than one (1) discount.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Curbside bag collection service is available to small commercial customers who make an application for solid waste services. Fair and reasonable charges for commercial bag service are hereby determined to be forty-three dollars ($43.00) per month for the collection of fifteen (15) garbage bags per collection day.
(b) 
Curbside bag collection service is available to places of worship who make an application for solid waste services. Fair and reasonable charges for curbside bag service for places of worship are hereby determined to be thirty-two dollars and fifty cents ($32.50) per month for the collection of fifteen (15) garbage bags per collection day.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
Any person making an application for water service and posting a deposit with the city water department will pay the minimum charge that is applicable for garbage service even if the city service is available and is not used.
Any small commercial customer or place of worship making an application for water service and solid waste services will post a deposit with the city water department and will pay the minimum charge that is applicable for garbage service even if the city service that is available and is not used.
The city shall collect the charges set forth in this article by adding the monthly water bill for each customer. Failure to pay any charges under this article for garbage collection service shall be considered notice by the customer to the city to discontinue water service and garbage service and shall authorize the city to apply the customer's deposit to the satisfaction of the past-due bill.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
Only the duly authorized agents and employees of the city shall collect refuse, empty refuse containers, or convey or transport refuse, garbage on the streets, alleys, and public thoroughfares of the city without a franchise agreement granted and issued by the city council with the exception that Irving resident owners or public institutions, churches, businesses, and industrial firms that used a vehicle less than one (1) ton to haul their own refuse shall not be required to have a permit to do so.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
The city will provide a roll-off container service on the following basis:
(1) 
Customers.
The city will provide roll-off container service to a residential customer, with proof of a current city water account in their name, or to a commercial customer, a business, church, governmental agency, or other entity, with proof of business status and location within the city.
(2) 
Terms of service.
a. 
Agreement required.
Each customer must sign a written agreement, pay the applicable use fees, and agree to comply with all policies and procedures applicable to the use of the roll-off container service.
b. 
Scheduled disposal.
Scheduled disposal for residential customers includes delivery of a roll-off container to the customer's premises, setup, fourteen-day rental, collection, and disposal at the landfill. Scheduled disposal for commercial customers includes the fourteen-day rental period, collection, and disposal at the landfill; however, delivery is at an additional charge.
c. 
Delivery.
Delivery to and setup of a roll-off container at a customer's premises by city personnel will result in the assessment of a delivery fee in all circumstances other than the first delivery under an agreement with a residential customer.
d. 
Additional disposal.
Customers may request the collection and disposal of a roll-off container additional times during the rental period, at the applicable additional disposal fee for the container size being used, subject to the availability of staff. Same day service is not guaranteed.
e. 
Relocation.
A customer may request that a roll-off container be relocated, provided the new location is suitable and approved by the director, and upon payment of a relocation fee, as provided in article V. of this chapter.
f. 
Accessibility.
A customer is required to maintain minimum clearances to provide access to the roll-off container for servicing at all times, as provided in the service agreement, and an inaccessible fee will be charged as provided in article V. of this chapter, if the staff attempts to collect a container at the customer's location and determines that the container is inaccessible due to the customer's failure to maintain minimum clearances.
g. 
Payment.
All customers must pay the charges with cash or a city-accepted credit card. Customers without an active water account must pay the delivery fee, if applicable, and scheduled disposal fee, at the time the order is placed.
h. 
Construction and demolition debris (C&D).
Roll-off containers set for construction and demolition debris (C&D) shall be limited to twelve-yard and twenty-yard containers only.
(b) 
Fees for roll-off containers.
Fees for roll-off containers will be charged as provided in article V. of this chapter.
(c) 
Pass-through charges.
Landfill fees, gate rates, and other costs resulting from local, state, or federal solid waste regulations charged to the city shall be passed through and be added to the rate schedules on the effective date of such regulations.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
Recognizing the need for waste and recyclable material collection and hauling services to be operated in a safe and efficient manner, the City of Irving has established the requirements in this article.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
The director shall implement and enforce this article and may by written order establish such rules or regulations, consistent with this article, as the director determines are necessary to discharge any duty under or to affect the policy of this article.
(b) 
The director shall have the authority to initiate action to correct any vehicle, dumpster, or roll-off container:
(1) 
Whose contents have become foul or offensive; or
(2) 
That is being used for the collection of waste material in violation of this article. Correction may include but is not limited to:
a. 
Contacting franchisee to facilitate correction;
b. 
Directing the disposing of the contents of a fouled dumpster, roll-off, Compactor container, trailer, or vehicle at a location of the city's choice and remedy costs would accrue to the franchisee; and
c. 
Taking any other legally permissible action that the director deems appropriate.
(c) 
A vehicle, dumpster, roll-off container, compactor or trailer impounded under a correction order may not be returned to service without the consent of the director unless the contents are disposed of, the vehicle, dumpster, roll-off container, compactor, or trailer is cleaned and brought into compliance with this article, and if any costs are incurred by the city in making the correction, these correction costs must be reimbursed to the city.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
No provision of this article, except sections 33-18.3, 33-18.20 (a) and (b), 33-18.24, 33-18.25, and 33-18.26, shall apply to a solid waste collection service:
(1) 
Operated by a governmental entity;
(2) 
Operated by a person who gathers clothes, salvageable newspaper, or other recyclable material, as long as the material being collected has not been set out for collection by or for city forces;
(3) 
In which a vehicle is not operated more than twice during any calendar year to remove dry or wet solid waste from any premises;
(4) 
Operated by a person who collects medical - bio-hazardous waste;
(5) 
Operated by a person engaged in collecting construction and demolition debris; or
(6) 
Operated by a person engaged in collecting of landscape waste.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
A person who operates a solid waste collection service within the city without a valid solid waste collection franchise issued under this article commits a criminal offense.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
To obtain a solid waste collection franchise, a person must submit an application on a form provided for that purpose to the director. The applicant must be the person who will own, control, or operate the proposed solid waste collection service. The application must be verified and contain the following information:
(1) 
The applicant's name, address, and verified signature;
(2) 
The form of business of the applicant, and, if the business is a corporation or association, a copy of the documents establishing the business;
(3) 
A description of any past business experience of the applicant, particularly in providing solid waste collection service, and an identification and description of any revocation or suspension by the city of a solid waste collection franchise held by the applicant or business before the date of filing the application;
(4) 
The number and description of vehicles the applicant proposes to use in the operation of the solid waste collection service, including year, make, model, vehicle identification number, and state franchise registration number for each vehicle;
(5) 
The number of dumpsters and roll-off containers, whether or not owned by the applicant, with which the proposed service will collect solid waste;
(6) 
A description of the proposed solid waste collection service;
(7) 
Documentary evidence from an insurance company indicating a willingness to provide liability insurance as required by this article;
(8) 
Documentary evidence of payment of ad valorem taxes owed on the real and personal property to be used in connection with the operation of the proposed solid waste collection service if the business establishment is located in the city; and
(9) 
Such additional information as the applicant desires to include to aid in the determination of whether the requested franchise should be granted.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Amount and calculation of fees.
(1) 
The annual fee shall be five (5) percent of gross revenues for service provided by the franchisee in the City of Irving servicing dumpsters, roll-off containers, compactor, collection in refuse vehicles or collecting and hauling refuse in open top trucks, owned or not owned by the franchisee, that is serviced by the franchisee used in the City of Irving.
(2) 
The calculation of gross revenues generated from operation within the city shall include all revenue, as determined in accordance with generally accepted accounting principles, which is derived, directly or indirectly, by the franchisee from or in connection with its operation within the city. Gross revenues shall include but are not limited to revenues received from the collection and disposal of all solid waste, whether by a company bearing franchisee's name or a company owned or controlled by franchisee but operating under a different name.
(b) 
That portion of the annual fee attributable to subsection (a)(1) above must be paid in a manner and on a schedule approved by the director.
(c) 
The annual fee shall be paid quarterly, no later than thirty (30) days after the end of each calendar quarter. The payment shall be made to the City of Irving Financial Services Department. No refund of a fee will be made.
(d) 
Fee payments received after the due date shall be subject to interest at the rate of twelve (12) percent per annum until the fees are paid in full. In addition, delinquent fees shall be subject to a late payment penalty of five (5) percent for each month or portion thereof that the fees are outstanding. In no event, however, shall the penalties exceed twenty-five (25) percent of the total delinquent fees nor shall interest charged exceed the maximum rate allowed by law.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
A solid waste franchise may be issued to the applicant only if the director determines that the applicant:
(1) 
Complied with all requirements for issuance of the franchise; and
(2) 
Has not made a false statement in the application for a franchise.
(b) 
Upon issuance of a franchise to an applicant, satisfactory completion of all inspections required by this article, and payment of all required fees, the director shall issue a permit for each vehicle to be operated by the applicant in the solid waste collection service.
(c) 
If the director determines that the requirements of subsection (a) above have not been met, the director shall not recommend that a solid waste collection franchise be granted to the applicant.
(d) 
If the city council determines that an applicant should be denied a solid waste collection franchise, the director shall notify the applicant in writing that the application is denied.
(e) 
A franchise and permit issued under this section must be displayed in a manner and location approved by the director. A franchise and permit must be presented upon request to the director or to a peace officer for examination.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
The city council may revoke any solid waste collection franchise if the Franchisee:
(1) 
Fails to comply with any provision of this article, any other city ordinance, or any state or federal law applicable to the collection and disposition of solid waste material;
(2) 
Makes a false statement in the application or in a hearing concerning the solid waste collection franchise; or
(3) 
Fails to pay a fee required by the article at the time it was due.
(b) 
Before revoking a franchise under subsection (a) above, the director shall notify the franchisee in writing that the franchisee is being considered for revocation. The notice must include the reason for the proposed revocation and a statement that the franchisee has ten (10) days to comply with the notice.
(c) 
The city council, after due notice and hearings, may revoke a franchise.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Minor amendments to a solid waste collection franchise may be made by the city council upon written request by a franchisee. An amendment that substantially changes the scope of the franchise must be applied for in the same manner as the original franchise.
(b) 
Before any vehicle not listed in the application for a solid waste collection franchise may be placed in service by a franchisee, the franchisee must notify the director of the additional vehicle, and meet any requirements set by the director and the director must agree to the additional vehicle in writing.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
A solid waste collection franchise may be renewed upon the expiration of the agreement by making an application in accordance with section 33-18.6. A franchisee shall apply for renewal at least sixty (60) days before the expiration of the franchise.
(b) 
Any permit to operate a vehicle and any authorization to service a dumpster or Roll-off container, compactor, or trailer granted under this article expires upon expiration, revocation, suspension, or nonrenewal of the accompanying solid waste collection franchise.
(c) 
Should a franchisee have its franchise revoked, the franchisee may be granted a period of time, up to a maximum of six (6) months, by the director to conclude its solid waste business in the City of Irving, as long as the franchisee continues paying the set franchise fee and maintains the required insurance requirements.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
A solid waste collection franchise issued to one (1) person may not be transferred to another person without authorization by the city council.
(b) 
A solid waste collection permit issued for one (1) vehicle may not be transferred to another vehicle without written permission of the director.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
It is unlawful for the holder of a solid waste collection franchise to operate a solid waste collection business unless said holder shall maintain in force during the authorized period of its operating authority the amount and character of insurance coverage for all motor vehicles used in the Solid Waste Collection Service as follows:
(1) 
A one million dollar ($1,000,000.00) per occurrence combined single limit liability policy with a deductible not to exceed one thousand dollars ($1,000.00) which shall pay on behalf of the insured named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, all sums which the insured shall become legally obligated to pay as damage arising out of the operation of the solid waste collection service or the ownership, maintenance or use of such motor vehicles or motor vehicles operated by independent contractors or vehicles operated for or on behalf of the franchise holder;
(2) 
Carried with an insurance company authorized to do business in the State of Texas;
(3) 
Including a cancellation rider under which the insurance company is to renotify the city in writing no later than thirty (30) days before making a material change to the insurance policy;
(4) 
Providing that the city is an additional named insured;
(5) 
Providing coverage for all solid waste collection vehicles operating under the name of the franchise holder whether said solid waste collection vehicles are owned, leased, hired or contracted and liability coverage for the drivers operating said solid waste collection vehicles, whether on or off duty; and
(6) 
Containing a provision for a continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon.
(b) 
The insurance policy required by this chapter shall be filed with the director five (5) working days prior to the time any solid waste collection vehicle operated by the holder is operated upon city streets.
(c) 
The holder shall secure written confirmation from the city that the policy meets the requirements of this section before operating any solid waste collection vehicle on the streets of the city.
(1) 
Except as provided in subsection (g) below, a franchisee shall procure and keep in full force and effect automobile and truck liability insurance written by an insurance company approved by the State of Texas and acceptable to the city and issued in the standard form approved by the Texas Department of Insurance. All provisions of the policy must be acceptable to the city. The insured provisions of the policy must name the city and its officers and employees as additional insured, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a solid waste collection service by the franchisee.
(2) 
The automobile and truck liability insurance must provide combined single limits of liability for bodily injury and property damage of not less than five hundred thousand dollars ($500,000.00) for each occurrence, or the equivalent, for each motor vehicle used by the franchisee, with a maximum deductible of not more than the deductible allowed under the Texas Safety Responsibility Act, as amended. Aggregate limits of liability are prohibited.
(d) 
Insurance required under this section must include:
(1) 
A cancellation provision in which the insurance company is required to notify the director in writing not fewer than thirty (30) days before canceling, failing to renew, or making a material change to the insurance policy; and
(2) 
A provision to cover all vehicles, whether owned or not owned by the franchisee, operated under the franchisee's solid waste collection franchise.
(e) 
No insurance required by this section may be obtained from an assigned risk pool.
(f) 
A solid waste collection franchise will not be granted or renewed unless the applicant or franchisee furnishes the director with such proof of insurance as the director considers necessary to determine whether the applicant or franchisee is adequately insured under this section.
(g) 
If the insurance of a franchisee lapses or is canceled and new insurance is not obtained, the director shall suspend the franchise until the franchisee has provided evidence that insurance coverage required by this section has been obtained. A person may not operate a solid waste collection service while a franchise is suspended under this section whether or not the action is appealed.
(h) 
This section does not apply to any person who:
(1) 
Operates a solid waste collection service only to remove, transport, or dispose of wet or dry solid waste actually generated by the person's own business; and
(2) 
Does not receive any compensation for operating a solid waste collection service.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
Each franchisee shall maintain at a single location business records of its solid waste collection service within a fifty-mile radius of the City of Irving. A Franchisee shall make its records available for inspection by the director at reasonable times upon request.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
By February 1 of each year, a franchisee shall file an annual report with the director containing the following information for the preceding calendar year concerning solid waste and recyclable materials collected by the franchisee within the city:
(1) 
Total volume in tons of wet and dry solid waste collected by the franchisee, with separate figures for total residential waste and total commercial waste.
(2) 
Total volume in tons of waste materials recycled by the franchisee, with separate figures for total recycled residential waste and total recycled commercial waste.
(3) 
A description and the total volume in tons of each type of waste material recycled.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
A franchisee or an applicant for a franchise shall not allow the payment of ad valorem taxes upon any vehicle, equipment, or other property used directly or indirectly in connection with the solid waste collection service to become delinquent.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
A franchisee shall notify the director within ten (10) days of a change in:
(1) 
The address or telephone number of the solid waste collection service; or
(2) 
The form of the business or the officers of the corporation of the solid waste collection service.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
The franchisee shall properly maintain each of its vehicles in compliance with the department of transportation's requirements pertaining to the vehicle class being used in its solid waste collection service in the City of Irving. The Director may request an inspection of a franchisee's vehicles to assure compliance with the department of transportation's requirements and for other reasons as deemed necessary by the director.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Any vehicle used for transporting dry solid waste material within the city must:
(1) 
Be fitted with a substantial, tight-fitting enclosure that is free of any cracks or breaks and that has side boards and headboards of not less than twenty-four (24) inches in height and tail board of not less than eighteen (18) inches in height, to prevent waste material from being scattered or thrown onto the Streets; and
(2) 
Be equipped with a closely fitting cover that must be used to prevent the escape of loose material or effluvia.
(b) 
Any vehicle used for transporting wet solid waste material within the city must:
(1) 
Be fitted with a substantial, tight-fitting enclosure, with the deck, sides, and ends of the bed constructed of sheet steel so that the vehicle may be easily cleaned and with the sides not less than twenty-four (24) inches high and the tail board not less than eighteen (18) inches high;
(2) 
Have a tight-fitting cover to prevent spillage;
(3) 
When carrying cans to transport wet solid waste material, use only cans equipped with tight-fitting lids and holding chains so that the cans will not turn over and spill; and
(4) 
Not have any drain holes in the sides of the vehicle and must have any drain holes in the deck of the vehicle must be securely capped to prevent spillage or leakage.
(c) 
Any vehicle used for transporting dry or wet solid waste material within the city must:
(1) 
Be clean and odor free prior to each day's work;
(2) 
Contain evidence of insurance required by this chapter;
(3) 
Have a valid permit issued by the director placed on the vehicle in a place and manner designated by the director;
(4) 
Be equipped with any other equipment required to comply with all applicable federal and state motor vehicle safety standards; and
(5) 
Be equipped with any other special equipment that the director determined to be necessary for the solid waste collection service to be operated.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Every vehicle operated by a solid waste collection service must have the company name and the vehicle permit number, if issued by the city, conspicuously displayed on the vehicle in a manner and location approved by the director.
(b) 
Every dumpster, roll-off container, compactor and open top truck being used in the collection of refuse, serviced by a solid waste collection service, must have the name of the company, contact phone number, and information clearly stating materials unacceptable for collection displayed on the dumpster, roll-off container, compactor and open top truck being used in the collection of refuse in a manner and location approved by the director.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
It is the responsibility of the producer of any dry or wet solid waste to ensure that such waste material is disposed of in an approved manner at an approved disposal site. It is the producer's responsibility to inform the franchisee, in writing, of any waste that includes any material that is hazardous by reason of its pathological, radiological, explosive, toxic, or corrosive character.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
A person commits an offense if they remove from any garbage container or receptacle any dry or wet solid waste, or in any way interferes with any garbage container or receptacle.
(b) 
It is a defense to prosecution under subsection (a) of this section that the person was:
(1) 
A governmental employee in the performance of official duties;
(2) 
A Franchisee under this article performing solid waste collection service in compliance with the terms of this article and the solid waste collection franchise;
(3) 
Any owner or occupant of the premises on which the garbage container or receptacle is located.
(c) 
Collection shall not be made within three hundred (300) feet of a residence earlier than 6:00 a.m., or later than 8:00 p.m., Mondays through Saturdays, and not at all on Sundays.
(d) 
Collection times and traffic patterns at schools shall be coordinated with the school to avoid student drop-off and pick-up traffic and minimize noise during the school day.
(e) 
This franchise shall apply only to the collection, transportation, handling, processing, and disposal of municipal solid waste as defined by the Texas Commission on Environmental Quality or successor agencies, and to recyclable materials which have been diverted from the municipal solid waste stream.
(f) 
Liquid waste, as defined by the Texas Commission on Environmental Quality or successor agencies, shall not be mixed with municipal solid waste.
(g) 
Public alleys serving residential areas may not be used for access by waste or recyclable material collection trucks, unless alley is in conformance with standards set in section 33-9 of this chapter.
(h) 
In the event of disaster, franchise holders will be expected to assist in cleanup by making additional collection equipment available to the city as required at regular rates.
(i) 
Applicant shall file annually a listing of the various kinds of service available to customers.
(j) 
Franchise holder's trucks shall be in good repair, properly registered with the director, inspected, and covered by insurance, and shall at all times be within legal wheel load limitations.
(k) 
Franchisee shall provide containers to customers that are sufficient in size and number to hold the waste generated between scheduled collections. The scheduled collection frequency shall be a minimum once a week or of sufficient frequency, more than minimum, to remove garbage before odor or litter problems develop. The franchisee shall maintain all containers in good repair, free of rust damage and broken sides, tops, or bottoms, with properly operating lids, and shall keep them clean, free of accumulations of grime, objectionable material, and graffiti.
(l) 
Franchisee shall coordinate collections and equipment features (e.g., locking devices) with customers so as to minimize the opportunity for scavenging of refuse by others.
(m) 
Franchisee shall coordinate with customers so as to maintain the area surrounding waste or material containment equipment clean, and free from odors, accumulated debris, litter, vermin, and graffiti. Coordination with customer may include requiring upgrading size or number of containers or collections in the event the collection site is identified as a nuisance.
(n) 
Franchisee shall require a customer to keep off-road access to solid waste containers in good repair, free from ruts and holes, and of a design sufficient to support collection vehicles. Standing water in the access shall be drained or otherwise eliminated.
(o) 
Special equipment provided by franchisee for volume minimization, e.g., compactors, shall be installed only in accord with the applicable codes and necessary permits, shall be free of hazard to operators, and to the public, and shall not constitute an attractive nuisance to children.
(p) 
The franchise shall observe zoning ordinances and other applicable regulations in the placement of collection equipment. Collection equipment and commercial containers shall not be placed in the open space between a building face and adjoining a public right-of-way extending across the entire width of a lot or tract.
(q) 
No franchise, customer, or any other person shall place collection equipment or commercial containers:
(1) 
On curbs, or in the public right-of-way;
(2) 
In a fire lane;
(3) 
In a required parking space;
(4) 
In any location that blocks vehicular or pedestrian traffic;
(5) 
To obstruct intersection sight distances; or
(6) 
To interfere with utilities.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
A person engaged in the removal, handling, or transfer of dry or wet solid waste or in any manner dealing with dry or wet solid waste commits an offense if, either in person or by an agent, employee, or servant, he separates, unloads, offers for sale or trade, or exchanges any part of the waste materials within the city, except at a place designated by and in compliance with this chapter and other applicable city ordinances.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
A person commits an offense if he deposits, causes to be deposited, or permits to accumulate any dry or wet solid waste upon any public or private premises within the city in such a manner as to emit noxious or offensive odors or to become unsanitary or injurious to public health, or in any way to become a public nuisance.
(b) 
It is a defense to prosecution under subsection (a) of this section that the person was:
(1) 
Depositing such solid waste at a temporary disposal site designated by the director as a temporary holding site in response to the need for clean-up after a disaster declared by the emergency coordinator; and
(2) 
The solid waste deposited was waste generated during the disaster.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
A person who violates a provision of this article, or who fails to perform a duty required of him under this article, commits an offense. A person is guilty of a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.
(b) 
An offense under this article is punishable by a fine of not more than two thousand dollars ($2,000.00) and, upon a first conviction, not less than one hundred dollars ($100.00).
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
Schedule of disposal service charges; disposal of refuse collected outside city limits prohibited.
City of Irving landfill sites shall only be utilized for the disposal of refuse originating within the City of Irving city limits. The following disposal service charges are established for disposing of refuse at the City of Irving Sanitary Landfill site when said refuse is generated within the city limits of the City of Irving:
(1) 
The city charges by the ton and the rate as provided in article V. of this chapter. Charge(s) by the ton will be calculated to the nearest one-fourth (¼) ton.
(2) 
Earth, rocks and inert materials suitable for the cover of refuse will not be charged a fee.
(3) 
If the scale is not operating, a flat fee schedule will be in effect and assessed as provided in article V of this chapter.
(b) 
Schedule of charges for materials sold at the landfill.
The city landfill site will sell mulch to residents or businesses. The mulch will be sold at a rate as provided in article V of this chapter.
(c) 
Payment of disposal service charges.
Disposal service charges shall be payable by one (1) of the following methods at the discretion of the operator:
(1) 
Cash at sanitary landfill site; or
(2) 
City-accepted credit card.
(d) 
Authority to accept and reject wastes.
The director of environmental services in consultation with the director of health shall have the authority to cause to be rejected, for processing or disposal, any material which, in his judgment, would create a nuisance by reason of emission of disagreeable odors, or would require special and unusual handling and/or record keeping, or would operate to make the processing or disposal facilities unwholesome or adversely affect the public health, safety, and welfare.
(e) 
Disposal limitations for certain wastes.
(1) 
Class I wastes as defined by the Texas Department of Water Resources shall not be disposed of in the landfill.
(2) 
Special waste as defined by the Texas Commission on Environmental Quality shall not be disposed of in the landfill, except that dead animals may be accepted.
(3) 
Refuse originating outside the city limits shall not be disposed of in any city landfill site. If the operator of a vehicle presenting refuse for disposal at a city landfill site does not display to the landfill personnel a Texas Department of Public Safety vehicle operator's license indicating that the residence of said vehicle operator is located within the city, then it shall be conclusively presumed that the refuse originated outside the city; however, display of such license shall not necessarily prove that refuse is of Irving origin.
(4) 
Tree stumps of trees with trunk diameters larger than four (4) inches shall not be disposed of in the landfill, except that root balls of no more than thirty-six (36) inches in any direction, of trees with a trunk diameter less than thirty-six (36) inches and stump height less than twenty-four (24) inches above the ground line, may be admitted.
(5) 
Concrete with or without reinforcement, rocks, or material of similar hardness, of dimension greater than twenty-four (24) inches in any direction, shall not be disposed of in the landfill.
(6) 
Should prohibited materials be deposited in the sanitary landfill, the vehicle carrying same shall be prohibited entry into the sanitary landfill for six (6) months.
(f) 
Salvaging, removing materials from site.
It shall be unlawful for any person to take, remove or carry away from the sanitary landfill site operated by the city, any garbage article, thing, or object situated thereon, whether or not the same has monetary value. In prosecutions for this offense, it shall not be necessary to describe the thing or things taken, removed or carried away other than as generally described herein or as "article," "thing" or "item" and it shall not be necessary to allege that the same had "value."
The city council shall award any contract for salvage rights at the city sanitary landfill site.
(g) 
Loads to be secured.
Vehicles and/or trailers accepted into the landfill site and not constructed with an enclosed transport body shall be using other devices, such as nets, canvasses, coverings, or tarpaulins to prevent blowing or spillage of loads. Vehicles not using such devices shall be assessed an antilitter charge, pursuant to article V. of this chapter. In the event that scales are inoperative, the antilitter charge will be thirty (30) percent of the landfill charge, except that vehicles described in paragraph (a)(2) of section 33-19 of this Code shall be charged pursuant to article V of this chapter.
(h) 
Waste originating outside the city may be disposed of in the city landfill if it is waste received pursuant to a contract between the hauler or originator of the waste and the city for a defined disposal volume.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)
(a) 
It shall be unlawful for any person, firm, corporation, association, or entity operating a commercial waste disposal operation to deposit or dispose of or dump any garbage, grass, trees, tree limbs, article, thing, or object in the city landfill.
(b) 
Violation of subsection (a) of this section shall be punished by a fine not to exceed two thousand dollars ($2,000.00), and each act of dumping, depositing, or disposing of shall constitute a separate offense.
(c) 
A commercial waste disposal operation shall be defined as the collecting, handling, transporting and/or disposing either primarily or incidentally, of solid waste, as defined by the department of health, using any vehicle rated one (1) or more tons in capacity or trailers nine (9) feet or more in length; but shall not include a vehicle carrying a load of one and one-half (1½) tons or less, presenting not more than two (2) loads per day for disposal and which is certified pursuant to the procedure set forth in subsection (e), below, and is operated by a qualified operator.
(d) 
A qualified operator shall be either:
(1) 
A resident of the city as demonstrated by the presentation of a valid driver's license bearing an address located within the city limits; or
(2) 
Employed by a business located within the city as demonstrated by both:
a. 
A copy of a tax bill, a water bill, or building permit, naming said business; and
b. 
A letter from said business, signed by an owner, officer, or general manager thereof, stating the following: name, address, and telephone number of said business; origin of waste; employee's name and vehicle license number.
(Ordinance 2023-10803, § 1, adopted 10/12/2023)