§ 23-102. Issuance of permit.  


Latest version.
  • The department shall be responsible for the issuance of dumping permits for dumping or depositing dirt or other fill material.

    (a)

    The department shall not issue a permit for dumping or depositing refuse, or junk. The department shall not issue a permit for dumping or depositing garbage or rubbish as those terms are defined in Texas Health and Safety Code, section 361.003.

    (b)

    The department shall issue each dumping permit to a specific person, firm, or corporation. Each permit shall specifically describe the property and location on which the material is to be placed. Each permit shall specify the type, origin and source of fill material to be dumped.

    (c)

    Each permit shall specify an expiration date, to be established by the director of the department, or the director's designee; however, the maximum duration of a permit shall not exceed thirty (30) days unless the director of the department or the director's designee grants an extension of time. Such extension of time shall not exceed thirty (30) days. A permit shall not be valid for more than sixty (60) days including any extension.

    (d)

    Before issuing the permit, the department shall ensure that the dirt or fill material appears to be free from any substance that is or could be injurious to the public health and welfare.

    (e)

    Before issuing the permit, the department shall ensure that the applicant shall handle, dump, deposit, and level off the dirt or fill material in a manner that will not be injurious to the public health. The department is authorized to promulgate forms to be completed by applicants for dumping permits requiring such information as deemed necessary to carry out the purposes of this article VI.

    (f)

    Before issuing the permit, the department shall ensure that the applicant has obtained the property owner's written approval for the filling of the property.

    (g)

    Persons who have been dumping fill materials before the effective date of this article shall cease such dumping unless the department issues a permit.

(Ord. No. 98-75, § 2, 8-27-98)