HEALTH AND SAFETY CODE

TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY

SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER

CHAPTER 368. COUNTY REGULATION OF TRANSPORTATION OF WASTE

SUBCHAPTER A. TRANSPORTERS OF GREASE TRAP, SAND TRAP, AND SEPTIC WASTE

Sec. 368.001.  REGULATORY PROGRAM.  The commissioners court of a county may establish a program regulating transporters of grease trap, sand trap, and septic waste.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.002.  PARTICIPATION BY MUNICIPALITY IN REGULATORY PROGRAM.  The commissioners court may enter into a contract with a municipality that provides the terms and conditions under which the municipality may participate in the regulatory program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.003.  PERMITS.  The commissioners court of a county may:
(1)  require a permit for trucks that transport grease trap, sand trap, and septic waste, including trucks serving unincorporated areas of the county; 
(2)  by order establish guidelines and procedures for issuing permits to trucks that transport grease trap, sand trap, and septic waste;  and
(3)  issue a single permit number that allows a municipality participating in the county regulatory program the option to add to that permit number a suffix unique to the municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.004.  INSPECTIONS.  The commissioners court of a county may:
(1)  coordinate with municipalities the inspection of trucks that transport grease trap, sand trap, and septic waste; 
(2)  by order establish guidelines and procedures to coordinate truck inspections;  and
(3)  assess an inspection fee sufficient to cover the cost to the county of providing the inspection service.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.005.  CONTRACTS.  The commissioners court of a county may contract with a person to provide a service that is part of the regulatory program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.006.  FORMS.  The commissioners court of a county may develop a single manifest form with a uniform manifest registration and numbering system to be used by the county and each participating municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. REGULATION AND LICENSING OF WASTE HAULERS

Sec. 368.011.  DEFINITIONS.  In this subchapter:
(1)  "Waste" means:
(A)  animal and vegetable waste materials resulting from the handling, preparation, cooking, or consumption of food; 
(B)  discarded paper, rags, cardboard, wood, rubber, plastics, yard trimmings, fallen leaves, brush materials, and similar combustible items;  and
(C)  discarded glass, crockery, tin or aluminum cans, metal items, and similar items that are noncombustible at ordinary incinerator temperatures.
(2)  "Waste hauler" means a person who, for compensation, transports waste by the use of a motor vehicle.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.012.  COUNTY LICENSING AND REGULATION.  To protect the public health, safety, or welfare, the commissioners court of a county with a population of less than 375,000 may by ordinance:
(1)  require a waste hauler who transports waste in unincorporated areas of the county to be licensed by the county;
(2)  establish requirements for obtaining and renewing a waste hauler license;
(3)  impose a license issuance or renewal fee in an amount that generates annually the approximate amount of revenue needed to fund the licensing program for a year;
(4)  establish standards governing the transportation of waste in unincorporated areas of the county;
(5)  establish grounds for suspending or revoking a waste hauler license;  and
(6)  prescribe any other provisions necessary to administer the licensing program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 426, Sec. 1, eff. May 29, 1997.

Sec. 368.013.  EXEMPTIONS FOR CERTAIN WASTE HAULERS.  (a)  This subchapter does not apply to an entity that transports:
(1)  material as part of a recycling program;  or
(2)  salt water, drilling fluids, or other waste associated with the exploration, development, and production of oil, gas, or geothermal resources.
(b)  Except as provided by Subsection (c), a county may not require a waste hauler license to be held by a waste hauler:
(1)  while transporting waste on behalf of a municipality or other governmental entity;  or
(2)  operating regularly in more than three counties.
(c)  A county may require a waste hauler who transports waste on behalf of a municipality or other governmental entity to have a waste hauler license if the hauler deposits any part of that waste in a county other than the county in which all or part of the municipality or other governmental entity is located.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.014.  BOND OR OTHER FINANCIAL ASSURANCE.  (a)  An applicant for a waste hauler license must execute a surety bond or provide other financial assurance that is payable for the use and benefit of the county or any other person harmed by the waste hauler's actions.
(b)  The bond or other financial assurance must be in an amount the commissioners court considers necessary or desirable according to the risk of harm associated with the operation of the waste hauling business.
(c)  A bond executed under this section must comply with the insurance laws of this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.015.  FEES.  Fees or other money received by a county under the licensing program shall be deposited to the credit of the general fund of the county.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.016.  CONFLICT WITH OTHER REGULATIONS.  If a requirement or standard established under Section 368.012 conflicts with state law, a rule adopted under state law, or a municipal ordinance or charter, the stricter provision prevails.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.017.  INJUNCTION.  A county is entitled to appropriate injunctive relief to prevent the violation or threatened violation of an ordinance the county adopts under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 368.018.  CRIMINAL PENALTY.  (a)  If a county ordinance adopted under this subchapter defines an offense for a violation of the ordinance, the offense is a Class C misdemeanor.
(b)  A separate offense occurs on each day on which all the elements of the offense exist.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.