Case 3:11-cv-03200-O Document 17

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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, v. THE CITY OF DALLAS, et al. Defendants.

Civil Action No. 3:11-CV-03200-O

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

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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 Attorney Texas Bar No. 09198900 James B. McGuire Assistant City Attorney Texas Bar No. 24055939 Christopher J. Caso Senior Assistant City Attorney Texas Bar No. 03969230 City Hall 7BN 1500 Marilla Street Dallas, TX 75201 Tel.: (214) 670-3519 Fax: (214) 670-0622 peter.haskel@dallascityhall.com chris.caso@dallascityhall.com james.mcguire@dallascityhall.com December 20, 2011 /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 rwalters@gibsondunn.com dgeyser@gibsondunn.com

Counsel for Defendants

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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 Courts 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 LLP 2100 McKinney Avenue, Suite 1100 Dallas, TX 75201-6912 Tel.: (214) 698-3356 Fax: (214) 571-2901 dgeyser@gibsondunn.com

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.ilemorandum

CflY OF DALLAS
)AT

December16, 2011
Honorable Mayor and Members of the City Counc

5UBJECT

Update on implementing the Resource Flow Control ordinance

know as the Resource Flow Control ordinance, with implem entation now scheduled

Dn September 28, 2011, Council amended adopted Ordina nce No. 28427, also

or 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 many key business and business groups in November. City staff then met with franchised haulers in mid-November to provide iurther detail and hear their questions and their recommendations on making the Flow Control transition more manag eable for them.

Attached is a Q&A document that is being forwarded to the franch ised waste haulers Gind other interested parties), responding to the most siqnficant concerns voiced by tne solid waste haulers, along with the sigh-in sheet from the mid-November meeting. Ihis information will also be oosted on the city websit e as reference for haulers and local businesses. Please let me know if you need additional information.
! 4 arK xn1 City $ager

7,

Attachments
Thomas R Perkins, Jr., City Attorney Craig D. Kinton. City Auditor Judge C. Victor Lander, Administrative Judge A C. Gonzalez. First Assistant City Manager Jill A. Jordan, RE., Assistant City Manager Ryan S. Evans, Assistant City Manager

Rosa Rios. Acting City Secretary

mrest 6. Turner, Assistant City Manager Joey Zapata, Assistant City Manager eanne Chipperfield, Chief Financial Officer slary Nix, Director, Sanitation Services
Enk Lbrio, Public Information Office

3tepranie Pegues-Cooper, Assistant to the City Manager

Diilas Together, we do it better!

-

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December 15, 2011

Fill in name / addressee here

Dear Solid Waste Hauler and/or Interested Party: n response to questions and comments recei ved by city staff since the September 28, 2011 adoption of the City Ordinanc e #28427 (also known as the ;low Control ordinance), the attached documen t is a Sanitation Services Deoartrnent Directive to address issues raised. You may have further questions or comments and the City would be pleased to hear and address them. Also, should you prefer to be contacted in the future at an 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. PIease contact us through SANs Vera 8onner at 214.670.4474 .

3 incerely,

H V

(7

yuj /

Mary Nix, RE. Director Sanitation Services

Attachment

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Sanitation Services Directive on Fow Con trot by authorfty of Chapter 18 of the Daflas City Cod e
Tne following document is in question and nswe r format out the answers are io be considered bmding regulations on thos e subiect to Ordinance No 28427 The document addresses frequently asked questions ( FAQs ) regarding the utv of Dallas now control ordinance Note fhe City may revise or suoplement hese directives with additional information, as may be needed.

Define solely recyclable. What percentage of a load can be non-recyclable and still remain exempted from required disposal at a city facility [per Section 13-10 (a)(1)(B)(ifll? For the purposes of compliance with the Citys flow cont rol ordinance, solely recyclable refers to icads containing no more than incidental amounts of nonrecyclable materials. The term incidental amounts of non-recyclable materials will refer to the definition promulgated by the State of Texas at 30 Tax. Admin, Code Chapter 328, Subchapter A, 328.2 (3), as follows: Thciden tal amount(s) of non-recyclable waste or incid ental non-recyclable waste --Non-recyclable waste that accompanies recyclable material despite reasonable efforts to maintain source-separation and ttlat is no more than 10% by volume or scale weiqh
t.

Tramp materials (otherwise recyclable items that are unmarketable because of being damaged during collection, unloading or processing), may cons titute up to an additional 4% by weight or volume of materials of a load. The city code states that the Sanitation Director defin es what is recyclable. For purposes of the flow control ordinance, what is considered recyclable? Fhe following types of materials are considered recycla ble, consistent with 30 Tex. Admin. Code Chapter 328, Subchapter 8, 328.8(e): glass, leather, metal (ferrous/nonferrous metal) and metal appliances, oaper / paperboard, plastic, rubber, textile, wood, yard trimmings, concrete and asphalt pavement (rubble), brick, asphalt shingles, batteries, tires, and used oil. The Sanitation Director reserves the right to revise or supo lement the ist of recycla bIas as ecess a ry,

A:

What types of vehicles can utilize 8achman Transfer Stati on? Pursuant to Section 18-I1(a)(4), the Director of Sanitatio n Services denotes the following vehicle types will be allowed lunless otherwise altered by the Directo r in writing or on the Citys websitel: ooen-too roil-off trucks (except those with receiver boxes for com pactors); commercial collection tront-load ers; rear-loaders; and side-loaders.

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Are tandem trailers allowed at the McCommas luff 1.andfifl?

Yes.

0:

What special waste can be accepted at McCommas Bluff Landfill? The following special wastes are currently accepted at the McCommas Bluff LandfiH, per the TCEQ-issued oermit. Haulers should provide prior notice of the intention to deliver any of these wastes to verify any special handling, paperwork, or other requirements. Class ii or Ill industrial waste Dead animals ;lonregulated asbestos containing materials Empty pesticide, herbicide, fungicide, or rodenticide containers Drug or contaminated food waste is accepted on a specific case basis dudge, grease trap, and grit trap waste Properly treated medical waste

0: A:

What are the anticipated operating hours? The operating hours for the McCommas Bluff landfill will change to 24-hours-oer -day, 7-days-perweek, with the implementation of the ordinance. After reviewing the landfill usage during an initial eriod (and, t any time thereafter), the City may alter the landfill ooerati ng hours to best accommodate efficient operations.
The operating hours of the Bachman rransfer Station will remain as posted on the City website, unless the City receives sufficient input to justify a change in hours. Please contac t Vera Bonner 214-670-4474 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 and type), waste origination location, and duration for which the extended hours are reques ted.

What is the holiday schedule?

A:

The Citys disposal facilities are normally closed for the following holidays when they fail on a weekday: New Years Day Thanksgiving Day Christmas Day Holiday schedules or changes will normaily be posted in advance of all holidays at the Citys 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 Citys website.

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