602 E. Church St. Suite 158
Livingston, TX 77351
Phone: 936-327-6826 Ext 2
Q: What does "Litter" mean?
A: Litter is defined in the section as: (A) decay-able waste from a public or private establishment, residence, or restaurant, including animal and vegetable waste material from a market or storage facility handling or storing produce or other food products, or the handling preparation, cooking, or consumption of food, but not including sewage, body wastes, or industrial by-products.
Q: What is "Solid Waste"?
A: Solid waste is defined in the section as Non-decay-able solid waste, except ashes, that consists of: (I) combustible waste material, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials; (II) noncombustible waste material, including glass, crockery, tin or aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures of 1800 degrees Fahrenheit or less; and (III) discarded or worn-out manufactured materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal.
Q: What is "Lighted Material"
A: The section describes lighted litter as: a match, cigarette, or cigar discarded onto open-space land, a private road or the right-of-way of a private road, a public highway or other public road or the right-of-way of a public highway or other public road, or a railroad right of way.
Q: What does "Rubbish" mean?
A: Rubbish means non-decay-able waste from a public or private establishment or residence.
Q: What is "Refuse"?
A: Refuse means garbage, rubbish, paper, and other decay-able or non-decay-able waste, including vegetable matter, animal, and fish carcasses.
Q: What is considered "Weeds"?
A: Weeds means all rank and uncultivated vegetable growth or matter that: (A) has grown to more than 36 inches in height; or (B) creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or other disease-carrying pests, regardless of the height of the weeds.
Q: Can I burn garbage?
A: Texas Health and Safety Code 382.018 states: The commission by rule shall authorize outdoor burning of waste if the waste consists of: Trees, Brush, Grass, Leaves, Branch Trimmings, or other plant growth;
Q: What hours can I burn?
A: You can burn 30 minutes after daylight and there must be no smoldering embers 30 minutes before dark.
Q: How do I report someone burning garbage?
A: You can contact this office by phone, fax, or the email address above. If the burning is happening while the office is closed you can contact the Polk County Sheriffs Office at 936-327-6810.
Q: How do I know if there is a Burn Ban?
A: If you live in an unincorporated part of Polk County please call the Polk County Office of Emergency Management at 936-327-6826 ext. 0, a recorded message will play stating if there is currently an active burn ban. Orders prohibiting outdoor burning can also be viewed on the Polk County website, and on the Emergency Management website at polkcountyoem.com
A: Texas Health and Safety Codes Section 365.012. Illegal Dumping; Discarding Lighted Materials; describes it as: a person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site, including a place on or within 300 feet of a public highway, on a right of way, on other public or private property, or into inland or coastal waters of the state.
Q: What is a public nuisance?
A: Texas Health and Safety Codes Chapter 343.011 states: a person may not cause, permit, or allow a public nuisance under this section and describes them as;
Texas Health and Safety Codes Chapter 343.022 states: abatement procedures adopted by the commissioners court must be administered by a regularly salaried, full-time county employee. A person authorized by the person administering the abatement program may administer:
Procedures require written notice be given to:
The Notice must state:
The notice must be given:
Except as provided in Subsection (f) the abatement procedures must require a hearing before the county abates the nuisance if a hearing is requested. The hearing may be conducted before the commissioners court or any board, commission, or official designated by the commissioners court. The commissioners court may designate a board, commission, or official to conduct each hearing.
TCEQ - Texas Commission on Environmental Quality
DSHS - Texas Department of Health & Human Services
EPA - United States Environmental Protection Agency
TELEA - Texas Environmental Law Enforcement Association
NOAA - National Oceanic and Atmospheric Administration
TPWD - Texas Parks and Wildlife Law Enforcement
Permits - Polk County Permit and OSSF information
Polk County Nuisance Abatement Policy
Polk County Office of Emergency Management
Keeping Polk County Ready
602 E Church St # 165
Livingston, TX 77351
Phone: (936) 327-6826
Copyright © Polk County OEM 2016