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Item N5County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: N.5 Agenda Item Summary #2779 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Will Thompson (305) 292 -4432 3:00 PM PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance either 1) amending Sections 21 -46, 21 -70, 21 -71, 21 -72 and 21 -75 of the Monroe County Code providing definitions; providing for anti - scavenger clause and providing for rules, regulations and licensing requirements and fees for specialty haulers and transfer stations pursuant to the solid waste specialty hauler program or 2) amending Sections 21 -46, 21 -71, 21 -72 and 21 -75 of the Monroe County Code providing definitions; providing for rules, regulations and licensing requirements and fees for specialty haulers and transfer stations pursuant to the solid waste specialty hauler program. There are two versions of the ordinance to be considered the first version includes Anti - scavenger provisions and the second version does not. ITEM BACKGROUND: After the discussion at the March 15, 2017 BOCC meeting, revisions to the specialty hauler ordinances were prepared which include two versions of the ordinance for consideration. One contains anti - scavenger provisions (Revisions to Sec. 21 -70) and one does not. This proposed ordinance incorporates direction from the Board and suggestions from specialty haulers at previous meetings. In previous discussions the BOCC directed staff to consult with the specialty haulers and recommend revisions to the program which would secure a revenue stream equal to what the program should be receiving while eliminating the enforcement problems inherent in the self - reporting system currently in effect. Staff has reviewed options to eliminate the reporting requirement while maintaining the revenue stream. Several options were presented for BOCC consideration. After the discussion, this ordinance modifies various sections of Chapter 21 of the Monroe County code to implement the options selected. At the BOCC meeting on January 18, 2017 the BOCC gave direction on options presented. The objective is to implement the revised program for FYI effective October 1, 2017. PREVIOUS RELEVANT BOCC ACTION: At the October 19, 2016 meeting, BOCC directed staff to work with the specialty haulers to develop a revised program to eliminate the "honor system reporting while ensuring the new system captured the revenue stream that was intended by the existing system. At the January 18, 2017 meeting, the BOCC gave direction on options presented. At its meeting on March 15, 2017, the BOCC approved advertising a public hearing to be held at the regularly scheduled BOCC meeting on April 12, 2017 in Marathon, FL at 3 PM, or as soon thereafter as may be heard, to consider adoption of this proposed ordinance. At least one commissioner voiced concerns about the anti - scavenger language in the ordinance which would prevent homeowners from placing items curbside for pick up by those who may be able to use or may need the items and therefore an alternative version of the ordinance was drafted and is attached for consideration. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends approval of Ordinance without anti - scavenger provision. DOCUMENTATION: Summary of Revisions to Specialty Hauler Ordinance 4 12 17 Summary of the revised Specialty Haulers fees 4 12 17 Draft Ordinance Revising Specialty Hauler program for 4 12 17 PH CLEAN (with anti - scavenger clause) Draft Ordinance Revising Specialty Hauler program for 4 12 17 PH Marked Up version (with anti - scavenger clause) Draft Ordinance Revising Specialty Hauler program for 4 12 17 PH CLEAN (without anti - scavenger clause) Draft Ordinance Revising Specialty Hauler program for 4 12 17 PH Marked -Up version (without anti - scavenger clause) Notice of Intention to Consider Adoption of County Ordinance 3 15 17 FINANCIAL IMPACT: Effective Date: 10/1/2017 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Christine Limbert Completed 03/20/2017 9:52 AM Bob Shillinger Completed 03/21/2017 5:59 PM Budget and Finance Completed 03/22/2017 10:41 AM Maria Slavik Completed 03/22/2017 10:42 AM Kathy Peters Completed 03/22/2017 1:03 PM Kevin Wilson Completed 03/28/2017 9:31 PM Will Thompson Completed 03/29/2017 8:51 AM Board of County Commissioners Pending 04/12/2017 9:00 AM Summary of Proposed Changes to Specialty Hauler Ordinance Section 1 of the proposed revision revises Collector, Endorsement, and Specialty Hauler definitions in Section 21 -46 and create definition of Transfer Station • This change clears up some terminology confusion in that the term collector was used in different places in the ordinance to refer to franchisees and specialty haulers in different places. The changes draw distinction between Specialty Haulers and our Franchisees /Collectors, some Collectors do not want to engage in the Specialty Hauler business and thus specialty haulers will be licensed under the provisions of the code. • Collector is now defined to only be our contracted Franchisee /collectors, i.e. WM, Marathon Garbage, Keys Sanitary, and Ocean Reef Community Association. • Endorsement is now defined to exclude "collector ". The term collector now refers exclusively to Franchisees who may also choose to be Specialty Haulers. o Specialty Hauler is now defined as persons who are licensed under the provisions of the code. • Transfer Station is now defined term as they will be licensed and imposed fee under the Revised Specialty Hauler Program Section 2 adds Anti - Scavenger provisions (only in one version) • This provision was added to attempt to assist with the enforcement on unlicensed specialty haulers. Enforcement is difficult with or without this provision since in most cases, the illegal hauler must be caught in the act. Section 3 removes language under Section 21 -71(e) that requires the franchised haulers to also be licensed as specialty haulers • As noted above, Section 21 -71(e) currently requires that our franchisee /collectors must be licensed as a specialty hauler. There is no commercial reason to require that our franchised collectors be licensed as specialty haulers. This does not preclude the franchised collectors from being licensed as specialty haulers. o Removes language that no collection agreement may be granted to any collector until such collector is licensed under the provisions of section 21 -72. Section 4 revises language under Section 21 -72 to • Add licensing of transfer stations • Limits number of specialty hauler licenses to 24 • Removes the requirement that 10% surcharge on gross receipts be paid by specialty haulers to the County and removed requirement that financial records must be provided to verify compliance. • This provision has been on a self- reporting (aka "honor system ") basis which has been nearly impossible to enforce. Solid waste staff has recommended that the specialty hauler program can be sustained by application of a revised license fee structure. • Remove requirement that specialty hauler exiting the county with loaded equipment must keep record of certain information. This information was only required for the 10% surcharge which is now being removed. • Adds that transfer stations in the Unit (jurisdiction serviced by the County or its agents) must be licensed and pay an annual fee as adopted by the Board by resolution. • Adds language that allows for a one -time short term (per project) license and fee for construction waste removal (see also added under Sec. 21- 75(a)(1)) to allow for developments in which a developer has a proprietary "team" which constructs its projects. • Revises language to provide for license to be issued by the Solid Waste Department, not the county administrator. • Removes language that requires for applicant to provide sworn affidavit that all solid waste collected shall be disposed of at solid waste disposal facility. All franchised collectors are required by contract to disposed at the County's transfer station and the specialty haulers are required by Florida Department of Environmental Protection to dispose at a FDEP licensed facility. • Removes the word "collector" in several places in this section, since collector is used to refer to a franchised collector as differentiated from a specialty hauler who must be separately licensed as a specialty hauler • Removes interlocking directorships provision and certification of compliance of directorships • Removes specific fees as the Solid Waste Department intends for these fees to be adopted each year by resolution of the Board as part of the budget process and to ensure that funding is adequate and necessary for the specialty hauler program. Section 5 revises language under Section 21 -75 • To add the provision that a contractor may use a specialty hauler who has obtained a one time, project specific specialty hauler license. Effective Date of the revised requirement will be October 1, 2017 2 Summary of the Proposed Specialty Haulers fees to be Approved by Res during the Budget Process in August /September 2017 and Annually, The First time application fee: License fee (The license fee covers all materials being hauled and one truck decal) Additional vehicle decals Transfer Station fee: $ 250.00 $ 1,000.00 am $ 250.00 per $20,000.00 ani Onetime fee for an out of County based General Contractor to haul C &D: $ 250.00 CLEAN version with Anti- Smvenger provisions ORDINANCE -2017 1 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21 -46, 21 -70, 21 -71, 21 -72, and 21 -75 OF THE MONROE CL COUNTY CODE; PROVIDING REVISED DEFINITIONS; PROVIDING FOR ANTI - SCAVENGER CLAUSE PROVISIONS; PROVIDING FOR RULES, REGULATIONS, AND LICENSE REQUIREMENTS AND FEES FOR SPECIALTY HAULERS AND TRANSFER STATIONS; PROVIDING FOR RULES AND REGULATIONS RELATING TO COLLECTION AND DISPOSAL OF SPECIAL SOLID WASTE;PROVIDING FOR FINES FOR NONCOMPLIANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The County has a Specialty Hauler Program (Program) in which regulates the collection and processing of special solid waste in Monroe County; and WHEREAS, in an effort to improve the Program and effectiveness of the rules and regulations relating to the collection and disposal of special solid waste, the County seeks to enact this ordinance; and WHEREAS, § 125.01(1)(k), §403.413, and § 403.706 Florida Statutes, authorizes the County to enact such an ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Sec. 21 -46. — Definitions shall be amended to revise the definitions for Collector Endorsement, and Specialty Hauler as follows and to add the term Transfer Station: Collector means those persons who are franchised to provide residential and /or commercial collection services pursuant to a collection agreement. Endorsement means an amendment or addition to the specialty hauler's license that will allow specialty hauler to pick up additional materials. Specialty hauler means those persons who are licensed under the provisions of section 21 -72 and who provide for the collections of the following materials as defined in this article; commercial recycling, commercial white goods, construction and demolition debris, e- waste, Page 1 CLEAN version with Anti - Scavenger provisions metal, and sludge, however it does not include private individuals transporting or disposing of their personal property. Transfer Station means a facility the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. SECTION 2: Sec. 21 -70 shall be amendment to read as follows: 21 -70 Mandatory disposal of solid waste at disposal facility and Anti - scavenger clause. (a) All domestic solid waste generated within the county shall be disposed of exclusively at the solid waste disposal facility (b) All recyclables, white goods or special waste placed at the curbside for pick -up shall be property of the County or its authorized agent. It is a violation of this section for any person not authorized by the County to collect or pick -up or cause to be collected or picked up any such recyclables, whites goods or special waste. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as provided in section 21 -77. SECTION 3: Sec. 21 -71(e) shall be deleted in its entirety and subsection (f) shall be renumbered as (e) as set forth below: (e) There are hereby established the Monroe County Solid Waste Collection Service Areas No. 1 through No. 7, inclusive. The boundaries of each service area shall be defined by resolution of the board. Each service area shall be included in a collection agreement granted to a collector under the provisions of this article. SECTION 4: Sec. 21 -72. shall be amended to read as follows: Regulation of Specialty Haulers and Transfer Stations. (a) Any person collecting any special solid waste shall be required to obtain a license prior to collection of such waste and shall comply with all provisions of this section; provided, however, that the applicant for a building permit that has elected to collect and dispose of construction waste or has obtained a one -time short -term license, which is only valid for one specific construction project and location, and paid the fee to collect and dispose of construction waste pursuant to section 21 -75 shall be exempt from the requirement of obtaining a license. Each specialty hauler shall be required to obtain a license annually. No more than Twenty -four (24) annual licenses will be issued by the Monroe County Solid Waste Department. The standards for obtaining a license shall be as follows: (1) Any individual who desires to obtain a license from the county shall be at least 18 years old. A partnership, corporation or other business entity that desires to obtain a license must currently be in good standing with the Florida Department of State, Division of Corporations. (2) No license shall be issued to any person who has failed to file a sworn statement under F.S. § 287.133(3)(a) on public entity crimes or who is disbarred from contracting with the county pursuant to F.S. § 287.133. Page 2 CLEAN version with Anti - Scavenger provisions (3) The applicant shall provide evidence that he has obtained all permits and licenses — required by law or ordinance in order to provide residential or commercial collection a services or special waste collection, and shall maintain the same in full force and effect. U) 2 (4) The applicant shall provide a list of vehicles by size and type including the vehicle identification number that will be used to provide the collection services, or special �- solid waste collection. The applicant shall notify the county of any changes in equipment within 14 days. The county shall have the right to inspect such vehicles at any time. (5) The applicant must sign a sworn affidavit that the applicant will comply with all standards and provisions of this article. (6) All applicants for a license must demonstrate that they are financially responsible. The applicant shall provide a sworn statement to the county that he has: a. No unsatisfied judgments against him resulting from the collection or disposal of any domestic solid waste or special solid waste as defined in this article; and b. No liens of record by the Internal Revenue Service or the corporate tax division of the state against any business or any organization he is qualifying. (7) Each applicant shall agree to indemnify the county from any loss that may result from the failure of the applicant to perform his responsibilities. (8) The applicant shall furnish proof of comprehensive liability insurance in an amount deemed adequate by the board, but not less than $100,000.00 per person bodily injury, $300,000.00 per occurrence, and $50,000.00 property damage per occurrence. Each holder of a license shall furnish evidence of the above - described insurance prior to having his license renewed each year. (9) Prior to the issuance of a license, every applicant shall show proof that the requirements of the Workers' Compensation Law of the state have been met. Each holder of a license shall furnish evidence that the requirements of the Workers Compensation Law of the state have been complied with prior to having his license renewed each year. (b) The application for license shall be filed with the Solid Waste Department and shall be accompanied by a nonrefundable fee in an amount that shall be established by the board by resolution. (c) The term of the license shall be from October 1 to September 30 each year. Prior to the expiration of the license, the specialty hauler may renew the license by filing an affidavit with the Solid Waste Department indicating continued compliance with the requirements of subsection (a) of this section, along with such fees as may be established by the board by resolution. Prior to renewal of a license, a specialty hauler shall provide to the county such information as may be required by the county or by state statutes, including, but not limited to, the rates charged and the number of customers serviced. (d) A license shall be conditioned upon the eelleete" s of specialty hauler's complying with the following additional requirements: (1) Assignment of license. The specialty hauler shall not assign the license to any person. A transfer during the term of a license of more than 25 percent of the issued or outstanding Page 3 CLEAN version with Anti- Savenger provisions stock of the specialty hauler or of any corporation that holds more than 50 percent of — issued and outstanding stock of the specialty hauler shall constitute an assignment for a the purposes of this section. Likewise, during the term of a license, any transfer of the U) voting rights attendant to 25 percent or more of the issued or outstanding stock of the 2 ,0 specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the specialty hauler shall constitute an assignment for the purposes of this section. r� (2) All equipment used by specialty haulers in the collection and transportation of special solid waste must be clearly identified with the name of the specialty hauler, his /her telephone number and license number in lettering greater than four inches. 0 (3)The specialty hauler must apply to the county for a nonrefundable special solid waste license. The amount of the initial license fee and each annual renewal fee is as adopted by Resolution of the Board of County Commissioners. The county may pro rate the fee for the initial licenses only. The fee for a one -time project specific short -term license fee for collection and disposal of construction waste is as adopted by Resolution of the Board of County Commissioners. (4) The specialty hauler must purchase from the county a county decal /sticker for each vehicle used in the collection of special solid waste material. Each decal /sticker is valid from October 1 to September 30. The decal /sticker assign to each vehicle may not be transferred or sold. The decal /sticker must clearly show the date of purchase and be displayed /affixed on the front windshield on the passenger side of the vehicle. In addition to displaying the decal /sticker, the specialty hauler shall also keep a copy of the license in the vehicle and shall present a copy upon request. (5) Special solid waste material must be sufficiently covered or contained to prevent the release of the material while in transit. (6) All special solid waste material must be disposed of at a solid waste facility permitted for such material by the Florida Department of Environmental Protection. (7) A specialty hauler licensed under this subsection, shall not collect any residential or commercial solid waste without first obtaining a franchise therefore. A specialty hauler is only authorized to collect special solid waste for which a license or endorsement has been obtained from the county. (8) The county administrator or designee is authorized to suspend or revoke the license of a specialty hauler when the administrator or designee determines that the specialty hauler has violated a provision of this section. Before suspending or revoking the license, the administrator or designee must afford the specialty hauler an opportunity to offer such evidence as the specialty hauler deems necessary to support his position, although the administrator or designee is not bound to consider, and may reject, evidence that is cumulative, slanderous, or irrelevant. The administrator or designee's decision on a suspension or revocation must be in writing and state the reasons therefore. The decision is the final administrative action of the county. This subsection (e)(10), is cumulative to all other lawful remedies and procedures available to the County for the enforcement of its ordinances, including, but not limited to: prosecution as a second Page 4 CLEAN version with Anti - Scavenger provisions degree misdemeanor; issuance of citations to appear in county court; prosecution before the county code enforcement board or special magistrate; and suits for injunctive relief. (e) Persons who provide lawn care or lawn maintenance for improved property and who transport the horticulture trash from such property shall be exempt from the provisions of this section, provided that all horticulture trash that is transported from the property shall be disposed of at the solid waste disposal facility. (f) Transfer Stations operating in the Unit must pay an annual fee as adopted by Resolution of the Board of County Commissioners. The annual fee may be paid in four (4) equal installments on a quarterly basis to the Solid Waste Department. SECTION 5: Sec. 21- 75(a)(1) Construction waste shall be amended as follows: (a) Prior to the issuance of a building permit for the construction or renovation of any structure, or the demolition of a structure or land clearing; the applicant shall provide for the collection and disposal of any construction, demolition of a structure or land clearing debris, waste that may result from the construction. In order to obtain a building permit for the construction of any structure, the applicant shall indicate in writing on forms provided by the county which of the following methods of collection and disposal shall be used: (1) The applicant will contract with a specialty hauler, with a construction demolition debris collection license or a person that has obtained a one -time short -term license and paid the fee to Monroe County Solid Waste Department, to collect and properly dispose of all construction waste and demolition debris generated at the construction site, and the applicant shall provide the name of the licensed specialty hauler or person that has obtained the one -time project specific short -term license that will be used; or SECTION 6: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 7: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 8: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 9: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective on October 1 2017 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2017. Page 5 CLEAN version with Anti - Scavenger provisions Mayor George Neugent Mayor Pro Tern David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor /Chairperson Page 6 a Marked -Up version with Anti- Smvenger provisions L_ ORDINANCE -2017 CL AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21-46, 21 -70, 21 -71, 21 -72, and 21 -75 OF THE MONROE COUNTY CODE; PROVIDING REVISED DEFINITIONS; PROVIDING FOR ANTI - SCAVENGER CLAUSE PROVISIONS; PROVIDING FOR RULES, REGULATIONS, AND LICENSE REQUIREMENTS AND FEES FOR SPECIALTY HAULERS AND TRANSFER STATIONS; PROVIDING FOR RULES AND REGULATIONS RELATING TO COLLECTION AND DISPOSAL OF SPECIAL SOLID WASTE;PROVIDING FOR FINES FOR NONCOMPLIANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL 0 ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The County has a Specialty Hauler Program (Program) in which regulates the collection and processing of special solid waste in Monroe County; and WHEREAS, in an effort to improve the Program and effectiveness of the rules and regulations relating to the collection and disposal of special solid waste, the County seeks to enact this ordinance; and WHEREAS, § 125.01(1)(k), §403.413, and § 403.706 Florida Statutes, authorizes the County to enact such an ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Sec. 21 -46. — Definitions shall be amended to revise the definitions for Collector Endorsement, and Specialty Hauler as follows and to add the term Transfer Station: Collector means those persons v�e at:e lieensed ttad °r toe r s of eetien 21 7 an who are franchised to provide residential and /or commercial collection services pursuant to a collection agreement. Endorsement means an amendment or addition to the specialty hauler's license that will allow ee'�r specialty hauler to pick up additional materials. Specialty hauler means those persons who are licensed under the provisions of section 21 -72 and —who provide for the collections of the following materials as defined in this article; commercial recycling, commercial white goods, construction and demolition debris, e- waste, Page 1 Marked -Up version with Anti- Smvenger provisions L_ 2 metal, and sludge, however it does not include private individuals transporting or disposing of X CL their personal property. w Transfer Station means a facility the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. SECTION 2: Sec. 21 -70 shall be amendment to read as follows: 21 -70 Mandatory disposal of solid waste at disposal facility and Anti - scavenger clause (a) All domestic solid waste generated within the county shall be disposed of exclusively at the solid waste disposal facility (b) All recyclables, white goods or special waste placed at the curbside for pick -up shall be property of the County or its authorized agent. It is a violation of this section for any person not authorized by the County to collect or pick -up or cause to be collected or picked up any such recyclables, whites goods or special waste. Any and each such collection in violation hereof shall constitute a separate and distinct offense punishable as provided in section 21 -77 SECTION 3: Sec. 21 -71(e) shall be deleted in its entirety and subsection (f) shall be renumbered as (e) as set forth below: (e) (4) There are hereby established the Monroe County Solid Waste Collection Service Areas No. 1 through No. 7, inclusive. The boundaries of each service area shall be defined by resolution of the board. Each service area shall be included in a collection agreement granted to a collector under the provisions of this article. SECTION 4: Sec. 21 -72. shall be amended to read as follows: Regulation of Specialty Haulers and Transfer Stations ee'�fs (a) ,.,;a °a herein. Any person collecting any special solid waste shall be required to obtain a license prior to collection of such waste and shall comply with all provisions of this section; provided, however, that the applicant for a building permit that has elected to collect and dispose of construction waste or has obtained a one -time short -term license, which is only valid for one specific construction proiect and location_ and paid the fee to collect and dispose of construction waste pursuant to section 21 -75 shall be exempt from the requirement of obtaining a license. Each ee l tee: an d specialty hauler shall be required to obtain a license annually No more than Twenty -four (24) annual licenses will be issued by the Monroe County Solid Waste Department. The standards for obtaining a license shall be as follows: (1) Any individual who desires to obtain a license from the county shall be at least 18 years old. A partnership, corporation or other business entity that desires to obtain a license Page 2 (4) There are hereby established the Monroe County Solid Waste Collection Service Areas No. 1 through No. 7, inclusive. The boundaries of each service area shall be defined by resolution of the board. Each service area shall be included in a collection agreement granted to a collector under the provisions of this article. SECTION 4: Sec. 21 -72. shall be amended to read as follows: Regulation of Specialty Haulers and Transfer Stations ee'�fs (a) ,.,;a °a herein. Any person collecting any special solid waste shall be required to obtain a license prior to collection of such waste and shall comply with all provisions of this section; provided, however, that the applicant for a building permit that has elected to collect and dispose of construction waste or has obtained a one -time short -term license, which is only valid for one specific construction proiect and location_ and paid the fee to collect and dispose of construction waste pursuant to section 21 -75 shall be exempt from the requirement of obtaining a license. Each ee l tee: an d specialty hauler shall be required to obtain a license annually No more than Twenty -four (24) annual licenses will be issued by the Monroe County Solid Waste Department. The standards for obtaining a license shall be as follows: (1) Any individual who desires to obtain a license from the county shall be at least 18 years old. A partnership, corporation or other business entity that desires to obtain a license Page 2 Marked -Up version with Anti - Scavenger provisions L 2 must currently be in good standing with the Florida Department of State, Division of CL Corporations. w (2) No license shall be issued to any person who has failed to file a sworn statement under F.S. § 287.133(3)(a) on public entity crimes or who is disbarred from contracting with the county pursuant to F. S. § 287.133. (3) The applicant shall provide evidence that he has obtained all permits and licenses required by law or ordinance in order to provide residential or commercial collection services or special waste collection, and shall maintain the same in full force and effect. (4) The applicant shall provide a list of vehicles by size and type, including the vehicle c , identification number that will be used to provide the collection services, or special solid waste collection. The applicant shall notify the county of any changes in equipment within 14 days. The county shall have the right to inspect such vehicles at any time. (5) The applicant must sign a sworn affidavit that all s„ l;a , to eelleeted shall b disp •0 E ofo�seetien 01: seetien 21 70, and the applicant will comply with all standards CL and provisions of this article. (6) All applicants for a license must demonstrate that they are financially responsible. The applicant shall provide a sworn statement to the county that he has: 2 a. No unsatisfied judgments against him resulting from the collection or disposal of any domestic solid waste or special solid waste as defined in this article; and b. No liens of record by the Internal Revenue Service or the corporate tax division of the state against any business or any organization he is qualifying. (7) Each applicant shall agree to indemnify the county from any loss that may result from the failure of the applicant to perform his responsibilities. (8) The applicant shall furnish proof of comprehensive liability insurance in an amount deemed adequate by the board, but not less than $100,000.00 per person bodily injury, $300,000.00 per occurrence, and $50,000.00 property damage per occurrence. Each holder of a license shall furnish evidence of the above - described insurance prior to having his license renewed each year. (9) Prior to the issuance of a license, every applicant shall show proof that the requirements of the Workers' Compensation Law of the state have been met. Each holder of a license shall furnish evidence that the requirements of the Workers Compensation Law of the state have been complied with prior to having his license renewed each year. (b) The application for license shall be filed with the Solid Waste Department eettflty and shall be accompanied by a nonrefundable fee in an amount that shall be established by the board by resolution. (c) The term of the license shall be from October 1 to September 30 each year. Prior to the expiration of the license, the eetee specialty hauler may renew the license by filing an affidavit with the eettaty .,aw mist,..,, Solid Waste Department indicating continued compliance with the requirements of subsection (a) of this section, along with such fees as Page 3 Marked -Up version with Anti - Scavenger provisions L 2 may be established by the board by resolution. Prior to renewal of a license, a ^ ^':r- cvlleeter x ,., ling eeneetiensen4eesor a specialty hauler shall provide to the county such CD information as may be required by the county or by state statutes, including, but not limited to, the rates charged and the number of customers serviced. (d) A license shall be conditioned upon the ^^"^^*^ "'s of specialty hauler's complying with the following additional requirements: (1) Assignment of license. The eell eetef e specialty hauler shall not assign the license to any person. A transfer during the term of a license of more than 25 percent of the issued or outstanding stock of the eellecc� ^tef of specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the eelleetef of specialty hauler shall constitute an assignment for the purposes of this section. Likewise, during the term of a license, any transfer of the voting rights attendant to 25 percent or more of the issued or outstanding stock of the eell eetef e specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the eell eetef 0 specialty hauler shall constitute an assignment for the purposes of this section. (2) not vielated any of t4 of t4is 84seetion and afe in eemplianee 'w44 {4 All equipment used by specialty haulers in the collection and transportation of special solid waste must be clearly identified with the name of the specialty hauler eepeeter his /her telephone number and license number in lettering greater than four inches. , waste matefia4s-. {�The specialty hauler e^'� must apply to the county for a nonrefundable special solid $1, waste license. .The amount of the initial license fee r� and each annual renewal fee is as adopted by Resolution of the Board of Countv Commissioners .,», --- ee l do of additional matet4a s The county may pro rate the fee for the initial licenses only. The fee for a one -time project specific short -term license fee for collection and disposal of construction waste is as adopted by Resolution of the Board of Countv Commissioners -S 99&99 Page 4 fitil tipping fee is The is is dtte 15 days paid. sttfehafge payable mef4ly and aftef Page 4 Marked -Up version with Anti - Scavenger provisions (4) The specialty hauler leelleeter must purchase from the county a county decal /sticker for each vehicle used in the collection of special solid waste material. Each decal /sticker sects $250 . 00 an is valid from October 1 to September 30. The decal /sticker assign to each vehicle may not be transferred or sold. The decal /sticker must clearly show the date of purchase and be displayed /affixed on the front windshield on the passenger side of the vehicle. In addition to displaying the decal /sticker, the specialty hauler selleete shall also keep a copy of the license in the vehicle and shall present a copy upon request. (5) Special solid waste material must be sufficiently covered or contained to prevent the release of the material while in transit. (6) All special solid waste material must be disposed of at a solid waste facility permitted for such material by the Florida Department of Environmental Protection. ( , waste matet4a! shall keep t:eeot:d of t4e fellewifig ifif4mation and shall pt:evide t4e- a. The -se ddt:ess, and telephene fittmbet: b. The e. The spe eialty fit d. The veliiele i4ttmef-, °. T rihe- 6ent-ainet ficimberand i e (i aPYlieT ° ; �T'�e sen4ee- addr-ess/lee-ationr h. The disposal site (44eittdit4g PEP petzfflit i4ttmbef+, i. The sen4ee t}eket fittm€ (8) A speeialty hattlet: leelleetet: disposing of speeial solid waste wit4in t4e leettaty at a site 8--fee of solid waste MR-Rageffief4t. (3) A specialty hauler leelleeter licensed under this subsection, shall not collect any residential or commercial solid waste without first obtaining a franchise therefore. A Page 5 • .. All a (4) The specialty hauler leelleeter must purchase from the county a county decal /sticker for each vehicle used in the collection of special solid waste material. Each decal /sticker sects $250 . 00 an is valid from October 1 to September 30. The decal /sticker assign to each vehicle may not be transferred or sold. The decal /sticker must clearly show the date of purchase and be displayed /affixed on the front windshield on the passenger side of the vehicle. In addition to displaying the decal /sticker, the specialty hauler selleete shall also keep a copy of the license in the vehicle and shall present a copy upon request. (5) Special solid waste material must be sufficiently covered or contained to prevent the release of the material while in transit. (6) All special solid waste material must be disposed of at a solid waste facility permitted for such material by the Florida Department of Environmental Protection. ( , waste matet4a! shall keep t:eeot:d of t4e fellewifig ifif4mation and shall pt:evide t4e- a. The -se ddt:ess, and telephene fittmbet: b. The e. The spe eialty fit d. The veliiele i4ttmef-, °. T rihe- 6ent-ainet ficimberand i e (i aPYlieT ° ; �T'�e sen4ee- addr-ess/lee-ationr h. The disposal site (44eittdit4g PEP petzfflit i4ttmbef+, i. The sen4ee t}eket fittm€ (8) A speeialty hattlet: leelleetet: disposing of speeial solid waste wit4in t4e leettaty at a site 8--fee of solid waste MR-Rageffief4t. (3) A specialty hauler leelleeter licensed under this subsection, shall not collect any residential or commercial solid waste without first obtaining a franchise therefore. A Page 5 Marked -Up version with Anti - Scavenger provisions L 2 specialty hauler eepeete is only authorized to collect special solid waste X for which a license or endorsement has been obtained from the county; CL CD ,t an d s i t tdg-e . N (* county administrator or designee is authorized to suspend or revoke the license of a specialty hauler e^'� when the administrator or designee determines that the specialty hauler e^'� has violated a provision of this section. Before suspending or revoking the license, the administrator or designee must afford the specialty hauler e^'� an opportunity to offer such evidence as the specialty hauler e^'� deems necessary to support his position, although the administrator ^ DN41NIST n T-O or designee is not bound to consider, and may reject, evidence that is cumulative, slanderous, or irrelevant. The administrator or designee's decision on a suspension or revocation must be in writing and state the reasons therefore. The decision is the final administrative action of the county. This subsection (e)(10), is cumulative to all other lawful remedies and procedures available to the County for the enforcement of its ordinances, including, but not limited to: prosecution as a second degree misdemeanor; issuance of citations to appear in county court; prosecution before the county code enforcement board or special magistrate; and suits for injunctive relief. (fie) Persons who provide lawn care or lawn maintenance for improved property and who transport the horticulture trash from such property shall be exempt from the provisions of this section, provided that all horticulture trash that is transported from the property shall be disposed of at the solid waste disposal facility. (gD Transfer Stations operating in the Unit must pay an annual fee as adopted by Resolution of the Board of County Commissioners. The annual fee may be paid in four (4) equal installments on a quarterly basis to the Solid Waste Department. SECTION 5: Sec. 21- 75(a)(1) Construction waste shall be amended as follows: (a) Prior to the issuance of a building permit for the construction or renovation of any structure, or the demolition of a structure or land clearing; the applicant shall provide for the collection and disposal of any construction, demolition of a structure or land clearing debris, waste that may result from the construction. In order to obtain a building permit for the construction of any structure, the applicant shall indicate in writing on forms provided by the county which of the following methods of collection and disposal shall be used: (1) The applicant will contract with a specialty hauler, with a construction demolition debris collection license or a person that has obtained a one -time short -term license and paid the fee to Monroe County Solid Waste Department to collect and properly dispose of all construction waste and demolition debris generated at the construction site, and the applicant shall provide the name of the licensed eetee specialty hauler or person that has obtained the one -time proiect specific short -term license that will be used; or SECTION 6: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to Page 6 Marked -Up version with Anti- Savenger provisions be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 7: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 8: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 9: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective October 1, 2017 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the Mayor George Neugent Mayor Pro Tern David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest: KEVIN MADOK, Clerk Deputy Clerk day of , 2017. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor /Chairperson Page 7 CLEAN version without Anti - Scavenger provisions WHEREAS, The County has a Specialty Hauler Program (Program) in which regulates the collection and processing of special solid waste in Monroe County; and WHEREAS, in an effort to improve the Program and effectiveness of the rules and regulations relating to the collection and disposal of special solid waste, the County seeks to enact this ordinance; and WHEREAS, § 125.01(1)(k), §403.413, and § 403.706 Florida Statutes, authorizes the County to enact such an ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Sec. 21 -46. — Definitions shall be amended to revise the definitions for Collector Endorsement, and Specialty Hauler as follows and to add the term Transfer Station: Collector means those persons who are franchised to provide residential and /or commercial collection services pursuant to a collection agreement. Endorsement means an amendment or addition to the specialty hauler's license that will allow specialty hauler to pick up additional materials. Specialty hauler means those persons who are licensed under the provisions of section 21 -72 and who provide for the collections of the following materials as defined in this article; commercial recycling, commercial white goods, construction and demolition debris, e- waste, metal, and sludge, however it does not include private individuals transporting or disposing of their personal property. Page 1 ORDINANCE -2017 CL AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21 -46, 21 -71, 21 -72, and 21 -75 OF THE MONROE COUNTY CL CODE; PROVIDING REVISED DEFINITIONS; PROVIDING FOR RULES, REGULATIONS, AND 0 LICENSE REQUIREMENTS AND FEES FOR SPECIALTY HAULERS AND TRANSFER STATIONS; PROVIDING FOR RULES AND REGULATIONS RELATING TO COLLECTION AND DISPOSAL OF SPECIAL SOLID WASTE;PROVIDING FOR FINES FOR NONCOMPLIANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The County has a Specialty Hauler Program (Program) in which regulates the collection and processing of special solid waste in Monroe County; and WHEREAS, in an effort to improve the Program and effectiveness of the rules and regulations relating to the collection and disposal of special solid waste, the County seeks to enact this ordinance; and WHEREAS, § 125.01(1)(k), §403.413, and § 403.706 Florida Statutes, authorizes the County to enact such an ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Sec. 21 -46. — Definitions shall be amended to revise the definitions for Collector Endorsement, and Specialty Hauler as follows and to add the term Transfer Station: Collector means those persons who are franchised to provide residential and /or commercial collection services pursuant to a collection agreement. Endorsement means an amendment or addition to the specialty hauler's license that will allow specialty hauler to pick up additional materials. Specialty hauler means those persons who are licensed under the provisions of section 21 -72 and who provide for the collections of the following materials as defined in this article; commercial recycling, commercial white goods, construction and demolition debris, e- waste, metal, and sludge, however it does not include private individuals transporting or disposing of their personal property. Page 1 CLEAN version without Anti - Scavenger provisions Transfer Station means a facility the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. SECTION 2: Sec. 21 -71(e) shall be deleted in its entirety and subsection (f) shall be renumbered as (e) as set forth below: (e) There are hereby established the Monroe County Solid Waste Collection Service Areas No. 1 through No. 7, inclusive. The boundaries of each service area shall be defined by resolution of the board. Each service area shall be included in a collection agreement granted to a collector under the provisions of this article. SECTION 3: Sec. 21 -72. shall be amended to read as follows: Regulation of Specialty Haulers and Transfer Stations. (a) Any person collecting any special solid waste shall be required to obtain a license prior to collection of such waste and shall comply with all provisions of this section; provided, however, that the applicant for a building permit that has elected to collect and dispose of construction waste or has obtained a one -time short -term license, which is only valid for one specific construction project and location, and paid the fee to collect and dispose of construction waste pursuant to section 21 -75 shall be exempt from the requirement of obtaining a license. Each specialty hauler shall be required to obtain a license annually. No more than Twenty -four (24) annual licenses will be issued by the Monroe County Solid Waste Department. The standards for obtaining a license shall be as follows: (1) Any individual who desires to obtain a license from the county shall be at least 18 years old. A partnership, corporation or other business entity that desires to obtain a license must currently be in good standing with the Florida Department of State, Division of Corporations. (2) No license shall be issued to any person who has failed to file a sworn statement under F.S. § 287.133(3)(a) on public entity crimes or who is disbarred from contracting with the county pursuant to F.S. § 287.133. (3) The applicant shall provide evidence that he has obtained all permits and licenses required by law or ordinance in order to provide residential or commercial collection services or special waste collection, and shall maintain the same in full force and effect. (4) The applicant shall provide a list of vehicles by size and type, including the vehicle identification number that will be used to provide the collection services, or special solid waste collection. The applicant shall notify the county of any changes in equipment within 14 days. The county shall have the right to inspect such vehicles at any time. (5) The applicant must sign a sworn affidavit that the applicant will comply with all standards and provisions of this article. (6) All applicants for a license must demonstrate that they are financially responsible. The applicant shall provide a sworn statement to the county that he has: a. No unsatisfied judgments against him resulting from the collection or disposal of any domestic solid waste or special solid waste as defined in this article; and Page 2 CLEAN version without Anti - Scavenger provisions b. No liens of record by the Internal Revenue Service or the corporate tax division of the state against any business or any organization he is qualifying. (7) Each applicant shall agree to indemnify the county from any loss that may result from the failure of the applicant to perform his responsibilities. (8) The applicant shall furnish proof of comprehensive liability insurance in an amount deemed adequate by the board, but not less than $100,000.00 per person bodily injury, $300,000.00 per occurrence, and $50,000.00 property damage per occurrence. Each holder of a license shall furnish evidence of the above - described insurance prior to having his license renewed each year. (9) Prior to the issuance of a license, every applicant shall show proof that the requirements of the Workers' Compensation Law of the state have been met. Each holder of a license shall furnish evidence that the requirements of the Workers Compensation Law of the state have been complied with prior to having his license renewed each year. (b) The application for license shall be filed with the Solid Waste Department and shall be accompanied by a nonrefundable fee in an amount that shall be established by the board by resolution. (c) The term of the license shall be from October 1 to September 30 each year. Prior to the expiration of the license, the specialty hauler may renew the license by filing an affidavit with the Solid Waste Department indicating continued compliance with the requirements of subsection (a) of this section, along with such fees as may be established by the board by resolution. Prior to renewal of a license, a specialty hauler shall provide to the county such information as may be required by the county or by state statutes, including, but not limited to, the rates charged and the number of customers serviced. (d) A license shall be conditioned upon the eelleete" s er specialty hauler's complying with the following additional requirements: (1) Assignment of license. The specialty hauler shall not assign the license to any person. A transfer during the term of a license of more than 25 percent of the issued or outstanding stock of the specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the specialty hauler shall constitute an assignment for the purposes of this section. Likewise, during the term of a license, any transfer of the voting rights attendant to 25 percent or more of the issued or outstanding stock of the specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the specialty hauler shall constitute an assignment for the purposes of this section. (2) All equipment used by specialty haulers in the collection and transportation of special solid waste must be clearly identified with the name of the specialty hauler, his /her telephone number and license number in lettering greater than four inches. (3)The specialty hauler must apply to the county for a nonrefundable special solid waste license. The amount of the initial license fee and each annual renewal fee is as adopted by Resolution of the Board of County Commissioners. The county may pro rate the fee for the initial licenses only. The fee for a one -time project specific short -term license fee for Page 3 CLEAN version without Anti - Scavenger provisions collection and disposal of construction waste is as adopted by Resolution of the Board of County Commissioners. a U) L (4) The specialty hauler must purchase from the county a county decal /sticker for each 0 vehicle used in the collection of special solid waste material. Each decal /sticker is valid CL from October 1 to September 30. The decal /sticker assign to each vehicle may not be transferred or sold. The decal /sticker must clearly show the date of purchase and be displayed /affixed on the front windshield on the passenger side of the vehicle. In addition to displaying the decal /sticker, the specialty hauler shall also keep a copy of the license in the vehicle and shall present a copy upon request. (5) Special solid waste material must be sufficiently covered or contained to prevent the release of the material while in transit. (6) All special solid waste material must be disposed of at a solid waste facility permitted for such material by the Florida Department of Environmental Protection. (7) A specialty hauler licensed under this subsection, shall not collect any residential or commercial solid waste without first obtaining a franchise therefore. A specialty hauler is only authorized to collect special solid waste for which a license or endorsement has been obtained from the county. (8) The county administrator or designee is authorized to suspend or revoke the license of a specialty hauler when the administrator or designee determines that the specialty hauler has violated a provision of this section. Before suspending or revoking the license, the administrator or designee must afford the specialty hauler an opportunity to offer such evidence as the specialty hauler deems necessary to support his position, although the administrator or designee is not bound to consider, and may reject, evidence that is cumulative, slanderous, or irrelevant. The administrator or designee's decision on a suspension or revocation must be in writing and state the reasons therefore. The decision is the final administrative action of the county. This subsection (e)(10), is cumulative to all other lawful remedies and procedures available to the County for the enforcement of its ordinances, including, but not limited to: prosecution as a second degree misdemeanor; issuance of citations to appear in county court; prosecution before the county code enforcement board or special magistrate; and suits for injunctive relief. (e) Persons who provide lawn care or lawn maintenance for improved property and who transport the horticulture trash from such property shall be exempt from the provisions of this section, provided that all horticulture trash that is transported from the property shall be disposed of at the solid waste disposal facility. (f) Transfer Stations operating in the Unit must pay an annual fee as adopted by Resolution of the Board of County Commissioners. The annual fee may be paid in four (4) equal installments on a quarterly basis to the Solid Waste Department. SECTION 4: Sec. 21- 75(a)(1) Construction waste shall be amended as follows: (a) Prior to the issuance of a building permit for the construction or renovation of any structure, or the demolition of a structure or land clearing; the applicant shall provide for the collection and disposal of any construction, demolition of a structure or land clearing debris, waste that may result from the construction. In order to obtain a building permit for the construction of Page 4 CLEAN version without Anti - Scavenger provisions any structure, the applicant shall indicate in writing on forms provided by the county which of the following methods of collection and disposal shall be used: (1) The applicant will contract with a specialty hauler, with a construction demolition debris collection license or a person that has obtained a one -time short -term license and paid the fee to Monroe County Solid Waste Department, to collect and properly dispose of all construction waste and demolition debris generated at the construction site, and the applicant shall provide the name of the licensed specialty hauler or person that has obtained the one -time project specific short -term license that will be used; or SECTION 5: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 6: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 7: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 8: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective October 1, 2017 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2017. Mayor George Neugent Mayor Pro Tern David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor /Chairperson a; Page 5 Marked -Up version without Anti - Scavenger provisions ORDINANCE -2017 ME a r r AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21 -46, 21 -71, 21 -72, and 21 -75 OF THE MONROE COUNTY CODE; PROVIDING REVISED DEFINITIONS; PROVIDING FOR RULES, REGULATIONS, AND LICENSE REQUIREMENTS AND FEES FOR SPECIALTY HAULERS AND TRANSFER STATIONS; PROVIDING FOR RULES AND REGULATIONS RELATING TO COLLECTION AND DISPOSAL OF SPECIAL SOLID WASTE;PROVIDING FOR FINES FOR NONCOMPLIANCE; PROVIDING FOR SEVERABILITY; ZE PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY i2 CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The County has a Specialty Hauler Program (Program) in which regulates the collection and processing of special solid waste in Monroe County; and WHEREAS, in an effort to improve the Program and effectiveness of the rules and regulations relating to the collection and disposal of special solid waste, the County seeks to enact this ordinance; and WHEREAS, § 125.01(1)(k), §403.413, and § 403.706 Florida Statutes, authorizes the County to enact such an ordinance; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Sec. 21 -46. — Definitions shall be amended to revise the definitions for Collector Endorsement, and Specialty Hauler as follows and to add the term Transfer Station: Collector means those persons who are franchised to provide residential and /or commercial collection services pursuant to a collection agreement. Endorsement means an amendment or addition to the specialty hauler's license that will allow ee'�i specialty hauler to pick up additional materials. Specialty hauler means those persons who are licensed under the provisions of section 21 -72 and —who provide for the collections of the following materials as defined in this article; commercial recycling, commercial white goods, construction and demolition debris, e- waste, Page 1 Marked -Up version without Anti - Scavenger provisions CL metal, and sludge, however it does not include private individuals transporting or disposing of their personal property. Transfer Station means a facility the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. U) SECTION 2: Sec. 21 -71(e) shall be deleted in its entirety and subsection (f) shall be renumbered as (e) as set forth below: i IN l�: lS�l�Fl�l�l��fiilSlrs�fi�l� :!!!�f 01 W1 MONSOON (4) There are hereby established the Monroe County Solid Waste Collection Service Areas No. 1 through No. 7, inclusive. The boundaries of each service area shall be defined by resolution of the board. Each service area shall be included in a collection agreement granted to a collector under the provisions of this article. SECTION 3: Sec. 21 -72. shall be amended to read as follows: Regulation of Specialty Haulers and Transfer Stations ee'�fs (a) ,.,;a °a herein. Any person collecting any special solid waste shall be required to obtain a license prior to collection of such waste and shall comply with all provisions of this section; provided, however, that the applicant for a building permit that has elected to collect and dispose of construction waste or has obtained a one -time short -term license, which is only valid for one specific construction project and location, and paid the fee to collect and dispose of construction waste pursuant to section 21 -75 shall be exempt from the requirement of obtaining a license. Each ee l tee: an d specialty hauler shall be required to obtain a license annually No more than Twenty -four (24) annual licenses will be issued by the Monroe County Solid Waste Department. The standards for obtaining a license shall be as follows: (1) Any individual who desires to obtain a license from the county shall be at least 18 years old. A partnership, corporation or other business entity that desires to obtain a license must currently be in good standing with the Florida Department of State, Division of Corporations. (2) No license shall be issued to any person who has failed to file a sworn statement under F.S. § 287.133(3)(a) on public entity crimes or who is disbarred from contracting with the county pursuant to F. S. § 287.133. (3) The applicant shall provide evidence that he has obtained all permits and licenses required by law or ordinance in order to provide residential or commercial collection services or special waste collection, and shall maintain the same in full force and effect. (4) The applicant shall provide a list of vehicles by size and type, including the vehicle identification number that will be used to provide the collection services, or special Page 2 Marked -Up version without Anti - Scavenger provisions CL solid waste collection. The applicant shall notify the county of any changes in CD equipment within 14 days. The county shall have the right to inspect such vehicles at any time. (5) The applicant must sign a sworn affidavit that all s„ l;a , to eelleeted shall b di of�eetie�r e seEtie 21 70, and tha the applicant will comply with all standards and provisions of this article. (6) All applicants for a license must demonstrate that they are financially responsible. The applicant shall provide a sworn statement to the county that he has: a. No unsatisfied judgments against him resulting from the collection or disposal of any domestic solid waste or special solid waste as defined in this article; and b. No liens of record by the Internal Revenue Service or the corporate tax division of the state against any business or any organization he is qualifying. (7) Each applicant shall agree to indemnify the county from any loss that may result from the failure of the applicant to perform his responsibilities. (8) The applicant shall furnish proof of comprehensive liability insurance in an amount deemed adequate by the board, but not less than $100,000.00 per person bodily injury, $300,000.00 per occurrence, and $50,000.00 property damage per occurrence. Each holder of a license shall furnish evidence of the above - described insurance prior to having his license renewed each year. (9) Prior to the issuance of a license, every applicant shall show proof that the requirements of the Workers' Compensation Law of the state have been met. Each holder of a license shall furnish evidence that the requirements of the Workers Compensation Law of the state have been complied with prior to having his license renewed each year. (b) The application for license shall be filed with the Solid Waste Department eettaty administfatef and shall be accompanied by a nonrefundable fee in an amount that shall be established by the board by resolution. (c) The term of the license shall be from October 1 to September 30 each year. Prior to the expiration of the license, the eell eetef e specialty hauler may renew the license by filing an affidavit with the eettaty .,aw mist,..,, Solid Waste Department indicating continued compliance with the requirements of subsection (a) of this section, along with such fees as may be established by the board by resolution. Prior to renewal of a license, a ee�or a specialty hauler shall provide to the county such information as may be required by the county or by state statutes, including, but not limited to, the rates charged and the number of customers serviced. (d) A license shall be conditioned upon the ^^Meete "s er specialty hauler's complying with the following additional requirements: (1) Assignment of license. The eell eetef e specialty hauler shall not assign the license to any person. A transfer during the term of a license of more than 25 percent of the issued or outstanding stock of the eelleetef of specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the eelleetef of specialty hauler Page 3 Marked -Up version without Anti - Scavenger provisions shall constitute an assignment for the purposes of this section. Likewise, during the term of a license, any transfer of the voting rights attendant to 25 percent or more of the issued or outstanding stock of the ee'e specialty hauler or of any corporation that �. holds more than 50 percent of issued and outstanding stock of the eel 0 specialty hauler shall constitute an assignment for the purposes of this section. not vielated any of t4 of t4is 84seetion and at:e in eemplianee 'w44 {4 All equipment used by specialty haulers in the collection and transportation of special solid waste must be clearly identified with the name of the specialty hauler eepeete his /her telephone number and license number in lettering greater than four inches. solid- 'wa ffi fft ef iff4s , {�The specialty hauler e^'� must apply to the county for a nonrefundable special solid $1, waste license. .The amount of the initial license fee r� and each annual renewal fee is as adopted by Resolution of the Board of Countv Commissioners .,», --- ee l d of additional tet: is The county may pro rate the fee for the initial licenses only. The fee for a one -time project specific short -term license fee for collection and disposal of construction waste is as adopted by Resolution of the Board of Countv Commissioners-S1,040-40 is paid. The sttfehafge is payable tnefAly and is dtte 15 days aftef t4e • rep fiess z ettfs (M,,, d th F y n.nn a.m to c.nn t, s &Eee ). (4) The specialty hauler eepeetef must purchase from the county a county decal /sticker for each Page 4 Marked -Up version without Anti - Scavenger provisions CL vehicle used in the collection of special solid waste material. Each decal /sticker sects $250 . 00 an is valid from October 1 to September 30. The decal /sticker assign to each vehicle may not be transferred or sold. The decal /sticker must clearly show the date of `"- purchase and be displayed /affixed on the front windshield on the passenger side of the vehicle. In addition to displaying the decal /sticker, the specialty hauler eepeeter shall also keep a copy of the license in the vehicle and shall present a copy upon request. (5) Special solid waste material must be sufficiently covered or contained to prevent the C release of the material while in transit. > (6) All special solid waste material must be disposed of at a solid waste facility permitted LO for such material by the Florida Department of Environmental Protection. C ( 0 waste matet4al shall keep of the fellewifig ifif4mation and shall pt:evide the ZE a-. The eempany name addt:ess, and telephene fittmbet: b. The The e. speeialty icrcir°crszieenseznimvcr a T he N , eh i ele titimbe e. The eenttaineriiiimv size (if applieabl g. The sen4ee- addr-ess /lee ation; h. The disposal site (itieltiditig PEP pet:mit titimbef+, .The seniee t}eket A hattlet: fiumb disposing t4e (8) speeialty eelleetet: of speeial solid waste vvit4ifi eettaty at a site efffee of solid waste MR-Rageffielit. (97)A specialty hauler e^'� licensed under this subsection, shall not collect any residential or commercial solid waste without first obtaining a franchise therefore. A specialty hauler e^'� is only authorized to collect special solid waste the f h ew i ng matet4als for which a license or endorsement has been obtained from the county, waste, metal, a 81tidge. (48 county administrator or designee is authorized to suspend or revoke the license of a specialty hauler eelleete when the administrator or designee determines that the specialty hauler e^'� has violated a provision of this section. Before suspending or revoking the license, the administrator or designee must afford the specialty hauler e^'� an opportunity to offer such evidence as the specialty hauler e^'� deems necessary to support his position, although the administrator ^ DN41NIST n TO or Page 5 Marked -Up version without Anti - Scavenger provisions designee is not bound to consider, and may reject, evidence that is cumulative, CL slanderous, or irrelevant. The administrator or designee's decision on a suspension or revocation must be in writing and state the reasons therefore. The decision is the final `"- administrative action of the county. This subsection (e)(10), is cumulative to all other lawful remedies and procedures available to the County for the enforcement of its ordinances, including, but not limited to: prosecution as a second degree misdemeanor; issuance of citations to appear in county court; prosecution before the county code °P enforcement board or special magistrate; and suits for injunctive relief. (fie) Persons who provide lawn care or lawn maintenance for improved property and who transport the horticulture trash from such property shall be exempt from the provisions of this section, provided that all horticulture trash that is transported from the property shall be disposed of at the solid waste disposal facility. (g f) Transfer Stations operating in the Unit must pay an annual fee as adopted by Resolution of the Board of County Commissioners. The annual fee may be paid in four (4) equal installments on a quarterly basis to the Solid Waste Department. SECTION 4: Sec. 21- 75(a)(1) Construction waste shall be amended as follows: (a) Prior to the issuance of a building permit for the construction or renovation of any structure, or the demolition of a structure or land clearing; the applicant shall provide for the collection and disposal of any construction, demolition of a structure or land clearing debris, waste that may result from the construction. In order to obtain a building permit for the construction of any structure, the applicant shall indicate in writing on forms provided by the county which of the following methods of collection and disposal shall be used: (1) The applicant will contract with a specialty hauler, with a construction demolition debris collection license or a person that has obtained a one -time short -term license and paid the fee to Monroe County Solid Waste Department to collect and properly dispose of all construction waste and demolition debris generated at the construction site, and the applicant shall provide the name of the licensed eetee specialty hauler or Derson that has obtained the one -time Droiect specific short -term license that will be used; or SECTION 5: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 6: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 7: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Page 6 Marked -Up version without Anti- Savenger provisions ME a SECTION 8: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the Department of state and shall be effective October 1, 2017 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2017. Mayor George Neugent Mayor Pro Tern David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy (SEAL) Attest: KEVIN MADOK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor /Chairperson 1* Page 7 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on April 12, 2017, at 3:00 P.M., or as soon thereafter as may be heard, in the Commission Chambers located in the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21 -46, 21 -70, 21 -71, 21 -72, AND 21 -75 OF THE MONROE COUNTY CODE; PROVIDING REVISED DEFINITIONS, PROVIDING FOR ANTI - SCAVENGER CLAUSE PROVISIONS; PROVIDING FOR RULES, REGULATIONS, AND LICENSE REQUIREMENTS AND FEES FOR SPECIALTY HAULERS AND TRANSFER STATIONS; PROVIDING FOR RULES AND REGULATIONS RELATING TO COLLECTION AND DISPOSAL OF SPECIAL SOLID WASTE; PROVIDING FOR FINES FOR NONCOMPLIANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, that person will need a record of the proceedings and that, for such purpose, that person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evidence on which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the County Administrator's Office at (305) 292 -4441, between the hours of 8:30 a.m. - -- 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting. If you are hearing or voice impaired, call "711 ". Dated at Key West, Florida, this 15 day of March, 2017 KEVIN MADOK, Clerk Of The Circuit Court and ex officio Clerk of the Board of County Coiuinissioners of Monroe County, Florida Publication Dates: Citizen: (Mon.) 3/20/2017 Keynoter: (Sat.) 3/18/2017 Reporter: (Fri.) 3/17/2017