STRATEGIC PRIORITY: Livable
AGENDA DATE: March 26, 2025
COUNCIL DISTRICT(S): Citywide
DEPARTMENT: Department of Sanitation Services
EXECUTIVE: Alina Ciocan
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SUBJECT
Title
An ordinance amending Article IV of Chapter 18, “Municipal Solid Wastes,” of the Dallas City Code as amended, (1) clarifying various definitions related to solid waste; (2) updating penalties, Director’s authority, application process, and reporting requirements; (3) providing a defense to prosecution to those removing, transporting, processing, or disposing of waste generated solely and incidental to its own operations; (4) removing vehicle identification requirements; (5) providing a savings clause; (6) providing a severability clause; and (7) providing an effective date - Financing: No cost consideration to the City (see Fiscal Information)
Body
BACKGROUND
Solid Waste Collection Services are required to obtain a franchise to operate in the City of Dallas, unless exempted. The purpose of the Solid Waste Franchise Program is to regulate private solid waste collection, transportation, and disposal services within the city limits, monitor and enforce compliance and health and safety regulations, and recover costs associated with commercial waste vehicle impact on city streets.
This action amends private solid waste collection service regulations to improve efficiency of program administration, reduce or eliminate certain requirements that have diminished in relevance to current City operations, establish streamlined approval processes that enhance business responsiveness, and clarify certain regulations which address entities providing service without authorization.
Key program updates include:
• Narrow the scope of entities required to hold a solid waste franchise to exclude solid waste collection services:
o operating without an established route; and
o without collection bins; and
o only removing, transporting, processing, or disposing of waste generated solely and incidental to its own operations, using vehicles owned, rented, or borrowed for self-hauling.
o Examples may include: residential junk removal services, lawn and tree maintenance services, roofing and other minor construction and demolition services.
• Grant the director of Sanitation authority to issue a temporary solid waste collection license, pending City Council consideration of the franchise application, not to exceed 180 days, to allow for the application vetting and Council agenda process.
• Change franchisee payment and reporting requirements from monthly to quarterly.
• Require that vehicles and containers used to transport or collect solid waste be marked with the franchisee's name or trade name and related identifying information.
• Require solid waste collection services that only collect, transport, or process recyclable materials to hold a franchise.
o Revenues currently received or generated from the processing of recyclable materials remain exempt from franchise fees due to the City.
• Establish impoundment and storage fees for collection bins determined to be hazardous to public health or safety, or used in violation of city code.
• Eliminate City-issued decal requirement (vehicles remain subject to state and federal safety requirements, and remain subject to inspection by the City).
• Eliminate the notarization requirement for the franchise application.
• Clarify the definition of "solid waste collection service" and to change references to "wet or dry solid waste" to "municipal solid waste" (current definition requires four cross-references for complete definition).
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Government Performance and Financial Management Committee was briefed on the “Solid Waste Franchise Program Updates Including Program Administration, Proposed Franchise Fee Increase, and Recommended Actions” on December 10, 2024.
On September 18, 2024, the City Council amended Chapter 18 of the Dallas City Code to amend the solid waste collection franchise fee by Resolution No. 24-1350 and Ordinance No. 32863
The Government Performance and Financial Management Committee will be briefed by memorandum regarding this matter on March 24, 2025.
FISCAL INFORMATION
No cost consideration to the City; ordinance enforcement of impoundment and storage fees may generate additional revenues to the City.