appendix to city respond solid waste

8/3/2019 Appendix to City Respond Solid Waste

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

NATIONAL SOLID WASTES §MANAGEMENT ASSOCIATION, et al. §

§

Plaintiffs, § Civil Action No.

§

v. § 3:11-CV-03200-O

§

THE CITY OF DALLAS, et al. §

§

Defendants. §

§

APPENDIX FOR DEFENDANTS’ RESPONSE IN OPPOSITION TO PLAINTIFFS’

APPLICATION FOR PRELIMINARY INJUNCTION

The City of Dallas, Mike Rawlings, Pauline Medrano, Tennell Atkins, Dwaine Caraway,

Monica Alonzo, Carolyn Davis, Jerry Allen, Linda Koop, and Angela Hunt (collectively, the

“Defendants”) submit this Appendix in support of their Response in Opposition to Plaintiffs’

Application for Preliminary Injunction in accordance with Local Rule 7.1. This Appendix

includes the following documents:

1. Memorandum to Honorable Mayor and Members of the City Council from Mary K.

Suhm, City Manager, dated December 16, 2011, and attaching “Sanitation Services

Directive on Flow Control by Authority of Chapter 18 of the Dallas City Code.”

Case 3:11-cv-03200-O Document 17 Filed 12/20/11 of 3 PageID 311



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Respectfully submitted.

THOMAS P. PERKINS, JR., CITY

ATTORNEY OF THE CITY OF

DALLAS, TEXAS

By: /s/ Peter B. Haskel

Peter B. Haskel

Executive Assistant City AttorneyTexas Bar No. 09198900

James B. McGuire

Assistant City AttorneyTexas Bar No. 24055939

Christopher J. Caso

Senior Assistant City AttorneyTexas Bar No. 03969230

City Hall 7BN1500 Marilla Street

Dallas, TX 75201Tel.: (214) 670-3519

Fax: (214) 670-0622

[email protected]@dallascityhall.com

[email protected]

/s/ Robert C. Walters

Robert C. Walters

Texas Bar No. 20820300

Daniel L. Geyser Texas Bar No. 24059816

GIBSON, DUNN & CRUTCHER LLP

2100 McKinney Avenue, Suite 1100

Dallas, TX 75201-6912

Tel.: (214) 698-3100

Fax: (214) 571-2900

[email protected]@gibsondunn.com

Counsel for Defendants

December 20, 2011




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CERTIFICATE OF SERVICE

I hereby certify that on December 20, 2011, an electronic copy of the foregoing document

was filed with the Clerk of Court for the U.S. District Court for the Northern District of Texas,

using the Court’s CM/ECF system. I further certify that all participants in the case are registered

CM/ECF users and that service will be accomplished by the CM/ECF system.

/s/ Daniel L. Geyser

Daniel L. Geyser

GIBSON, DUNN & CRUTCHER LLP2100 McKinney Avenue, Suite 1100

Dallas, TX 75201-6912Tel.: (214) 698-3356

Fax: (214) [email protected]




.‘ilemorandum

CflY OF DALLAS

)AT December16, 2011

Honorable Mayor and Members of the City Counc

5UBJECT Update on implementing the Resource Flow Control ordinance

Dn September 28, 2011, Council amended adopted Ordinance No. 28427, alsoknow as the Resource Flow Control ordinance, with implementation now scheduledor mid-February 2012. As one of the many steps in preparation for implementation,ty staff sent informational letters to all franchised solid waste haulers and to manykey business and business groups in November. City staff then met with franchisedhaulers in mid-November to provide iurther detail and hear their questions a

nd theirrecommendations on making the Flow Control transition more manageable for them.

Attached is a Q&A document that is being forwarded to the franchised waste haulersGind other interested parties), responding to the most siqnficant concerns voiced bytne solid waste haulers, along with the sigh-in sheet from the mid-Novembermeeting. Ihis information will also be oosted on the city website as reference forhaulers and local businesses.

Please let me know if you need additional information.

/7, !‘r’K

xn1City $ager

Attachments

Rosa Rios. Actin g City SecretaryThomas R Perkins, Jr., City AttorneyCraig D. Kinton. City AuditorJudge C. Victor Lander, Administrative JudgeA C. Gonzalez. First Assistant City ManagerJill A. Jordan, RE., Assistant City ManagerRyan S. Evans, Assistant City Managermrest 6. Turner, Assistant City ManagerJoey Zapata, Assistant City Managereanne Chipperfield, Chief Financial Officerslary Nix, Director, Sanitation ServicesEnk Lbrio, Public Information Office3tepranie Pegues-Cooper, Assistant to the City Manager

Diilas - Together, we do it better!’

Case 3:11-cv-03200-O Document 17-1 Filed 12/20/11 Page 1 of 6 PageID 314



December 15, 2011

Fill in name / addressee here

Dear Solid Waste Hauler and/or Interested Party:

n response to questions and comments received by city staff since theSeptember 28, 2011 adoption of the City Ordinance #28427 (also known as the;low Control ordinance), the attached document is a Sanitation ServicesDeoartrnent Directive to address issues raised.

You may have further questions or comments — and the City would be pleased tohear and address them. Also, should you prefer to be contacted in the future atan address other than the postal mailing address now on file, please let us know.We would be glad to make contact by phone, email, or updated address. PIeasecontact us through SAN’s Vera 8onner at 214.670.4474.

3 incerely,

7H (7 yujV

/

Mary Nix, RE. DirectorSanitation Services

Attachment




Sanitation Services Directive on F’ow Con trotby authorfty of Chapter 18 of the Daflas City Code

Tne following document is in question and nswer format out the answers areio be considered bmding regulations on those subiect to Ordinance No 28427The document addresses frequently asked questions ( FAQs ) regarding the utvof Dallas now control ordinance Note fhe City may revise or suoplement hesedirectives with additional information, as may be needed.

Define “solely recyclable.” What percentage of a load can be non-recyclable and still remainexempted from required disposal at a city facility [per Section 13-10 (a)(1)(B)(ifll?

For the purposes of compliance with the City’s flow control ordinance, ‘solely recyclable” refers toicads containing no more than incidental amounts of non-recyclable materials. The term “incidentalamounts of non-recyclable materials” will refer to the definition promulgated by the State of Texas at30 Tax. Admin, Code Chapter 328, Subchapter A, §328.2(3), as follows:

Thciden tal amount(s) of non-recyclable waste or incidental non-recyclablewaste --Non-recyclable waste that accompanies recyclable material despite reasonableefforts to maintain source-separation and ttlat is no more than 10% by volume or scaleweiqh t.

Tramp materials (otherwise recyclable items that are unmarketable because of being damagedduring collection, unloading or processing), may constitute up to an additional 4% by weight orvolume of materials of a load.

The city code states that the Sanitation Director defines what is recyclable. For purposes of the flowcontrol ordinance, what is considered recyclable?

A: Fhe following types of materials are considered recyclable, consistent with 30 Tex. Admin.Code Chapter 328, Subchapter 8, 328.8(e): glass, leather, metal (ferrous/nonferrous metal) andmetal appliances, oaper / paperboard, plastic, rubber, textile, wood, yard trimmings, concreteand asphalt pavement (rubble), brick, asphalt shingles, batteries, tires, and used oil. TheSanitation Director reserves the right to revise or supolement the ist of recycla bIas asecess a ry ,

What types of vehicles can utilize 8achman Transfer Station?

Pursuant to Section 18-I1(a)(4), the Director of Sanitation Services denotes the following vehicle typeswill be allowed lunless otherwise altered by the Director in writing or on the City’s websitel: ooen-toooil-off trucks (except those with receiver boxes for compactors); commercial collection tront-loaders;rear-loaders; and side-loaders.




Are tandem trailers allowed at th e McCommas lu ff 1.andfifl?

AYes.

0: What special waste can be accepted at McCommas Bluff Landfill?

The following ‘special wastes” are currently accepted at the McCommas Bluff LandfiH, per th eTCEQ-issued oermit. Haulers should provide prior notice of the intention to deliver any of these wastesto verify any special handling, paperwork, or other requirements.

Class ii or Ill industrial waste

Dead animals

;‘lonregulated asbestos containing materialsEmpty pesticide, herbicide, fungicide, or rodenticide containersDrug or contaminated food waste is accepted on a specific case basisdudge, grease trap, and grit trap wasteProperly

treated medical waste

0: What are the anticipated operating hours?

A: The operating hours for the McCommas Bluff landfill will change to 24-hours-oer-day, 7-days-per-week, with the im plem entation of the ordinance. After reviewing the landfill usage during an initialeriod (and, t any time thereafter), the City may alter the landfill ooerating hours to bestaccommodate efficient operations.

The operating hours of the Bachman rransfer Station will remain as posted on the City website, unlessthe City receives sufficient input to justify a change in hours. Please contact Vera Bonner214-670-4474 with requests for consideration of changes to operational hours as soon as possible.

Please be orepared to provide information regarding such a request including, but not limited to:desired hours, tonnage anticipated per hour, hauling vehicles to deliver the material (quantity andtype), waste origination location, and duration for which the extended hours are requested.

What is the holiday schedule?

A: The City ’s disposal facilities are normally closed for the following holidays when they fail on a weekday:• New Years Day

Thanksgiving Day

Christmas Day

Holiday schedules orchanges will normaily be posted in advance of all holidays at the City ’s website.

Do you have written safety rules that haulers can provide to drivers who are new to this facility?

A: Yes, rules are available on the City ’s website.




:olid Waste Haulers Iv1eetingList ot Atteneees

iek [nsa

yan Frazier

Lynn

afltiaIo Rivera

Ni ick Stetkalich (sp)

aridra Orr

f4ichele \lartin

11 Oliver

Kimberly King

David \lhan

7utb Muelker

7am [3emger

N ;ott Flunter

ody \‘IcCord

i1a111 (iiennatiasio

Fiuhelle Kumar

aui f3oudanec

nec r3a rone (sp)

iek Bemas

hileen McMurrav

Ken Carter

4-349-9735

3luebonnet 214-743-5221

Bluebonnet 214-743-5221

Republic X 1 7-3 17-2074

uRRrrorrcontracrors.com

ranite 2 14-373—9879

ESITXConj 972-2396714

VM 72-X24-7730

WM °‘0-626-8360

VM 512-272-4242

Baker Bohz (sp 214-953-6910

:ES( )72-953-5386

Champion 214-637-6500

o hampion 2 1 4—637—6500

hampton 2 4-63 7-6500

hammon 214-637-6500

ES[ 113-347-1331

cpublic Services 072-225-4207

Reoublie Services iNQ-443 -7063

:OCUS Communications Ii 3—744— I 413




o n Graham

‘ J:tvn Woo ten

“iris Marian

hi1 Miesner

I aste Management )72-8OO-6O49

Emrire Disposal 71. 4O 1-3652

i u C m D I f e U i S P O S a 1 O l Y i

C n a i c H a m f l j w n s t e c o fli

cpublic Waste 469-443-1019

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appendix to city respond solid waste

Documents