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Ord 1382 10/25/2022 Sludge C/ y pttm"m""n." O %< * r 00 TEXAS "City of Choice" ORDINANCE NO. 1382 AN ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF CIBOLO, TEXAS AMENDING CHAPTER 74 TRAFFIC AND VEHICLES, ARTICLE III TRANSPORTATION,OF SEPTIC SLUDGE; SECTION'74- , 401 TRANSPORTATION OF SLUDGE WASTE; ; .TO DEFINE UNLAWFUL.. INTRACITY TRANSPORTATION- OF SLUDGE WASTE BASED ON.SLUDGE DESTINATION; REPEALING ANY OTHER CODE .PROVISIONS, ORDINANES, OR PARTS OF ORDINANCES, AND OTHER PROVISIONS IN CONFLICT HEREWITH; INCORPORATING RECITALS; AND ADOPTING AN EFFECTIVE DATE. WHEREAS, on November 11, 2019 the' City Council of the City of Cibolo, Texas adopted Ordinance 1293 regulating the,transportation of sludge waste within the city limits; and WHEREAS, the City Council of the City of Cibolo, Texas desires to amend Municipal Code of . Ordinances Chapter 74:-Traffic and Vehicles, Article XIII TRANSPORTATION OF SEPTIC SLUDGE in order to preserve,_protect; and promote public health and safety; and WHEREAS, the pumping and hauling of septic sludge elevates the .potential:for spillage of untreated,wastewater due to the increased number of times that .this wastewater is .handled as well as-possible, equipmentmalfunctions, potentially,affecting local ground and surface water resources along with local flora and fauna; and WHEREAS, the pumping and hauling_operations present safety hazards for the neighborhoods in which that are occurring and the City of Cibolo ("City") through which they are transporting, creating unnecessary heavy vehicle traffic; and WHEREAS, the City has exclusive control and power over the streets, alleys; and public grounds and highways of the City pursuant to Transportation Code §311.001; and- - WHEREAS, Title 30 TAC Chapter.312 Subchapter G and Health& Safety.Code § 366 provide for minimum state standards for regulating the transportation of septic sludge; and WHEREAS, Health:& Safety Code §.366.032(a)(2) allows for more strict local regulation of on- site sewage disposal regulation; and WHEREAS, City Council has determined the establishment of more stringent local 'regulations for the transportation of sewage is necessary to protect the general public; and Page 1 of 3 7362/1#259979.4 WHEREAS, a permit system is deemed most:appropriate means of regulations which requires the assessment of fees to offset the cost of enforcing these more local stringent standards; and WHEREAS, it is necessary for the City to adopt requirements and,regulations which will enable the officers and employees of the City to respond in a manner consistent with State law; and WHEREAS, -the rules, regulations and requirements established by ordinance may not be inconsistent with State law; and WHEREAS; the City Council-has determined that it is in the best interest of the City to regulate traffic within the City in accordance with State law. NOW, THEREFORE; BE IT ORDAINED BY.THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS THAT: SECTION 1.AMENDMENT. Municipal Code of Ordinances:Chapter.74 Traffic and Vehicles, Article XIII TRANSPORTATION OF SEPTIC.SLUDGE, ,Section 74-401 is Hereby amended to: add the underlined:text, and remove.the struck-out text and shall read as follows: 74 --401: TRANSPORTATION ON CITY OWNED STREETS. (A) A person commits and.offense by transporting Sludge Waste,through the City of Cibolo that was.collected and/or generated partially or wholly outside of the city - .limits of the City of Cibolo limits and whieh-was disposed of Outside the eity 1iffiit5__E)f the City Of QbOIE). (B) It is an affirmative defense to an enforcement action for a violation of subsection (A) above,that: (1) The-person was.disposing of the person's own waste from the person's own recreational vehicle, boat or travel trailer; or (2) The person was transporting Sludge Waste for the:purpose .of directly traveling to or from a generator.located-within the city limits; or (3) The Transporter entering the city limits after collecting Sludge-Waste, from outside the city:limits of the City of Cibolo shall transport Sludge Waste using the most direct route to safely-travel to an exempted -road as identified in Section 74-401(13)(4) to a sanitary sewer facility owned or operated by the City of:Cibolo, Cibolo Creek Municipal Authority, or Green Valley Special Utility District for disposal, provided such disposal was otherwise in compliance with applicable state and federal law. This route must be identified in the Transporter's annual Permit. (3)MThe person was transporting Sludge Waste on the following streets or highways (a) FM78 within the city limits; (b) FM 1103 within the city limits; and Page 2 of 3 7362/1#259979.4 (c),Interstate 10 within the city limits. All other provisions shall remain-unchanged SECTION 2. REPEALING ORDINANCES IN CONFLICT AND SAVINGS CLAUSE. ;All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict with all remaining portions not conflicting being saved from repeal herein. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this -Ordinance is for any reason held to be unconstitutional or illegal,-such decision shall-not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have .passed.this Ordinance, and each section, subsection, clause, or-phrase-.thereof, irrespective of the fact that any one or more sections, subsections, sentences, ,clauses, or phrases, be declared void.- SECTION- oid:SECTION 4." FINDINGS. The City Council finds all of the above recitals to be true and correct and incorporates the same in this Ordinance as findings of fact. SECTION 5. EFFECTIVE DATE. This Ordinance shall. be effective immediately upon_ publication of notice as required by law-and City Charter. PASSED AND APPROVED this �7_5 day of On- O _&_ , 2022. MAYOR . Z5 Stosh Booe Mayor ATTEST: CITY-SECRETARY APPROVED AS TO FORM: Peggy Cimics, TRMC Frank J. Garza City Secretary City Attorney Page 3 of 3 7362/1#259979.4.