Solid Waste and Recyclable Materials Generated at Commercial Properties and Mixed-Use Properties

El Paso City Code tit. 9, ch. 9.04, art. III

in effect

El Paso City Code § 9.04.150 Applicability.

9.04.150 - Applicability. This article shall apply to: A. Owners and occupants of commercial properties in the city; B. Owners and occupants of mixed-use properties in the city; C. Self-transporters of solid waste, other than Class 1 industrial waste, and recyclable materials generated at commercial properties in the city; D. Self-transporters of solid waste, other than Class 1 industrial waste, and recyclable materials generated at mixed-use properties in the city; E. Haulers of solid waste, other than Class 1 industrial waste, and recyclable materials generated at commercial properties in the city; and F. Haulers of solid waste, other than Class 1 industrial waste, and recyclable materials generated at mixed-use properties in the city. (Ord. No. 17380, § 1, 8-24-2010)

El Paso City Code § 9.04.160 Accumulation and storage.

9.04.160 - Accumulation and storage. Solid waste and recyclable materials generated at commercial property and mixed-use property within the city shall be accumulated and stored in compliance with the following provisions: A. Solid waste. Excluding bulk waste, solid waste shall be contained in carts and/or containers. Cart or container lids shall remain closed at all times when not adding solid waste to the carts or containers. Solid waste, including bulk waste, shall not be stored in a manner that constitutes a nuisance. B. Recyclable materials. Commercial property and mixed-use owners or occupants are encouraged to participate in recycling. Commercial property and mixed-use property occupants who elect to participate in recycling shall accumulate and store such recyclable materials in accordance with federal, state and local laws. (Ord. No. 17380, § 1, 8-24-2010)

El Paso City Code § 9.04.170 Collection provider.

9.04.170 - Collection provider. A. Excluding self-transporters, owners or occupants of commercial properties and mixed-use properties shall contract with a permitted hauler to collect all solid waste generated at such commercial properties and mixed-use properties. B. The director of the department of environmental services, or the police chief or his or her designated representative, shall be responsible for the enforcement of this chapter. C. The director or his or her designated representative shall provide written notice of a violation to the owners or occupants of commercial and mixed-use properties fourteen days before issuing a citation. D. During the fourteen-day period preceding issuance of the citation, the owners or occupants of commercial and mixed-use properties must submit proof of a current contract with a permitted hauler to collect all solid waste generated or proof of ongoing disposal of solid waste at an authorized municipal solid waste facility to avoid citation. E. Any person who violates any provision of this chapter shall, upon conviction, be guilty of a Class C misdemeanor and punished by a fine not to exceed two thousand dollars. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 019664, § 1, 8-27-2024)

El Paso City Code § 9.04.180 Commercial disposal provider.

9.04.180 - Commercial disposal provider. Self-transporters and permitted haulers shall deliver all solid waste to an authorized municipal solid waste facility. (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 18123, § 3, 2-4-2014)

El Paso City Code § 9.04.190 Schedule for Collection.

9.04.190 - Schedule for Collection. A written agreement with a permitted hauler for collection by an owner or occupant of commercial properties shall provide, at a minimum for: A. The owner or occupant must obtain a sufficient number of containers in quantity or storage capacity such that they are not allowed to overflow with waste or constitute a nuisance and the containers must be collected at least once a month; and B. On-call collection of bulk waste (as needed). (Ord. No. 17380, § 1, 8-24-2010; Ord. No. 17471, § 4, 12-21-2010)

El Paso City Code § 9.04.200 Authority to mandate collection.

9.04.200 - Authority to mandate collection. A. Overflowing carts and/or containers. Excluding bulk waste, solid waste shall be contained in secured, odor, and vector-tight plastic bags, and stored in carts and/or containers designated by the director for the collection of municipal solid waste. Municipal solid waste shall not be accumulated or stored outside of carts and/or containers, and cart and/or container lids must remain closed at all times when not adding municipal solid waste to the cart and/or container. B. Harborage of vectors or other health hazards. In any instance where the director finds that a cart and/or container requires immediate emptying or replacement due to breeding or harborage of vectors or circumstances creating significant potential for breeding or harborage of vectors, or other health hazards, the city official is authorized to order the owners and/or occupants of such commercial property or mixed-use property to have such condition corrected within twenty-four hours of written notice from the city official. C. Protection of public health and safety. Evidence of overflowing or uncollected solid waste and for harborage of vectors or other health hazards constitutes evidence that the owner and/or occupant of commercial property or mixed-use property is in violation of 9.04.170, which status allows the city to exercise its option of collecting the solid waste from that property. Prior to the city collecting the solid waste from the commercial property or mixed-use property in violation of 9.04.170, the city shall issue a notice to the owner/occupant of said property that said violation must be corrected within twenty-four hours of delivery of the notice. Failure to comply with the notice shall result in the city collecting the solid waste and for billing the owner/occupant of the property. The owner/occupant remains subject to applicable criminal penalty for continued non-compliance. (Ord. No. 17380, § 1, 8-24-2010)

El Paso City Code § 9.04.210 Location for collection.

9.04.210 - Location for collection. A. All carts and/or containers shall be placed on the owner's commercial or mixed-use property unless the director grants an exception that: 1. Placement of the collection location on the improved property is neither reasonable nor practical; and 2. Placement of the collection location on public right-of-way will not unreasonably interfere with pedestrian or vehicular traffic and will not constitute a hazard or be a visual or other public nuisance, or placement in public right-of-way is necessary during a construction project. B. When placement of a cart and/or container in a public right-of-way other than an alley is authorized, the owner of the cart and/or container shall pay the established fee for use of such right-of-way. (Ord. No. 17380, § 1, 8-24-2010)

El Paso City Code § 9.04.220 Storage, maintenance, replacement, and ownership of carts and containers.

9.04.220 - Storage, maintenance, replacement, and ownership of carts and containers. A. Maintenance of carts and containers. Haulers from commercial properties and mixed-use properties shall maintain the carts and containers in a clean and nuisance free condition. Owners or occupants of commercial properties and mixed-use properties shall maintain the area surrounding the carts and containers in a clean and sanitary condition, free of litter or any other accumulation of solid waste. B. Replacement of carts and containers. In the event a cart or container becomes damaged or stolen, the owner or occupant of the commercial property or and mixed-use property shall replace such cart or container if such cart or container is owned by the owner or occupant. For carts and containers not owned by the owner or occupant, the owner or occupant of the commercial property or mixed-use property shall notify the permitted hauler for replacement of the cart or container. C. Cart and container identification. All carts and containers must be identified with the name of the owner or occupant, or permitted hauler providing such carts or containers, or by a paint scheme or decal which is distinctive to the owner or permitted hauler. (Ord. No. 17380, § 1, 8-24-2010)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.04SOWAMA_ARTIIISOWAREMAGECOPRMIEPRFetched: 10/28/2026