Ord. 0215 03-08-71/1‘
The caption of this Ordinance published in accordance with Section 3.10 of'tne Home Rule
Charter of the City of Pearland and said Ordinance shall become effective 1O'days after
the publication which was March 18, 1971.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROHIBITING THE
tAINTENANCE OR OPERATION OF SANITARY LANDFILLS, INCINERATORS,
COMPOSTING PLANTS, OR ANY PLACE FOR THE DISPOSAL OF SOLID
WASTES, GARBAGE, OR RUBBISH, ANYWHERE +WITHIN THE CORPORATE
LIMITS OR EXTRATERRITORIAL JURISDICTION OF THE CITY OF PEARLAND,
TEXAS; DEFINING TERMS, PRESCRIBING PENALTIES THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION I
Definitions: As used in this Ordinance the following terms shall be
construed as indicated below:
(a) "Person" means individual, corporation, organization, government
or governmental subdivision or agency, business trust, partnership, associa-
tion, or any other legal entity.
(b) "Solid Waste" means all putrescible and nonputrescible discarded
or unwanted solid materials, including municipal solid waste and industrial
solid waste; and used in this Ordinance, the term "solid waste" does not in-
clude, and this Ordinance does not apply to: (1) soil, dirt, rock, sand and
other natural and man-made inert solid materials used to fill land if the
object of the fill is to make the land suitable for the construction of sur-
face improldements; or (2) waste materials which result from activities asso-
ciated with the exploration, development, or production of oil or gas and
are subject to control by the Texas Railroad Commission.
(c) "Municipal Solid Waste" means solid waste resulting from or
incidental to municipal, community, trade, business and recreational activi-
ties, including garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles, and all other solid waste other than industrial solid
waste.
(d) "Industrial Solid Waste" means solid waste resulting.from or inci-
dental to any process of industry or manufacturing, or mining or agricultural
operations, including discarded or unwanted solid materials suspended or trans-
ported in liquids, and discarded or unwanted materials in liquid or semi-
liquid form; the term "industrial solid waste" does not include waste materials,.
the dischargeof which is subject to the Texas Water Quality Act.
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(e) "Garbage" means 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.
(f) "Rubbish" means nonputrescible solid waste (excluding ashes),
consisting of both combustible and noncombustible waste materials; combust-
ible rubbish includes paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, and similar materials; cans, metal
furniture, and like materials which will not burn at ordinary incinerator
temperatures (1600°F to 1800°F).
(g) "Sanitary Landfill" means a controlled area of land upon which
solid waste is disposed of in accordance with standards, regulations, or
orders established by the Texas State Department of Health, and the Commis-
sioner's Court of Brazoria County, Texas.
(h) "Incinerator" means a furnace used for volume reduction of solid
waste by burning, which does not cause smoke in such concentrations, color,
shade or quantity as would be in violation of the Texas Clean Air Act or
any existing or future regulation of the Texas Air Control Board, and which
does not cause emission of any other air contaminants in such concentration,
. combinations, quantity or duration as would be a violation of the Texas
Clean Air Act, or of any regulations of the Texas Air Control Board.
(i) "Composting Plant" means a place where organic solid waste is
caused to undergo controlled biological decomposition under aerobic condi-
tions and which is operated under conditions which do not violate the Health
Laws of the State of Texas, the rules and regulations of the Texas Department
of Health, the Air Pollution Control Laws of the State of Texas, the rules
and regulations of the Texas Air Control Board, the Water Pollution Control
Laws of the State of Texas, and the Laws of the State of Texas governing dis-
posal of solid waste and all rules and regulations of the Texas Department
of Health, or the Commissioners' Court of Brazoria County, Texas, governing
the disposal of solid waste.
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SECTION II
It shall be unlawful for any person to maintain or operate a sanitary
landfill, incinerator, composting plant, or any other place or method, for
the disposal of solid waste, garbage or rubbish, anywhere within the corporate
limits or extraterritorial jurisdiction of the City of Pearland, Texas, with-
out first receiving prior written consent from the City Council of the City
of Pearland, Texas.
SECTION III
Any person violating any provision of this Ordinance shall be deemed
guilty of a misdemeanor and shall, upon conviction thereof, be fined not less
than ONE HUNDRED DOLLARS nor more than TWO HUNDRED DOLLARS for each offense,
and a separate offense shall be deemed committed on each day during or on
which a violation occurs or continues.
SECTION IV
This ordinance shall take effect and be in force on the tenth day
after its publication in the official City Newspaper of the City of Pearland,
Texas.
PASSED AND APPROVED on first reading this a day of
A.D. 1971.
CITY OF PEARLAND, TEXAS
ATTEST:
/=c-i 77-1
City Secretary/"`
PASSED AND APPROVED on second and final reading this day of
/-° ,/,/ A.D. 1971.
CITY OF PEARLAND, TEXAS
ATTEST:
BY:
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' . ._'p,.
--City �Secretary