Item S10
.' .
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
April 21, 2004
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending Sec. 8-82 providing that any special
waste collector loaded with sludge shall use Card Sound Road when exiting Monroe
County .
PREVIOUS RELEVANT BOCC AcnON:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval to advertise for ONE PUBLIC HEARING on May 19, 2004 in Key Largo.
TOTAL COST:
BUDGETED: Yes
No.
COST TO COUNTY:
Revenue Producing:
Amount Per Month - Year
APPROVED BY:
County Atty YES OMS/Purchasing N/A Risk Management N/A
DIVISION DIRECTOR APPROVALqaL1G_~__S: 03/1oflor
J. R. COLUNS '
DOCUMENTATION: Included
x
To Follow
Not Required
AGENDA ITEM #
~JO
. ..
Public Safety
ORDINANCE NO
- 2004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, ADDING SUBSECTION (g) TO SECTION 8-82, MONROE
COUNTY CODE, IN ORDER TO PROVIDE THAT ANY COLLECTOR EXITING
MONROE COUNTY WITH EQUIPMENT LOADED WITH SLUDGE SHALL USE
CARD SOUND ROAD AND SHALL PRODUCE SERVICE nCKETS; PROVIDING
FOR THE DELIVERY OF SERVICE nCKETS TO THE OFFICE OF SOUD
WASTE MANAGEMENT IF DISPOSAL IS MADE WITHIN MONROE COUNTY
AT A SITE OTHER THAN A COUNTY-OWNED TRANSFER STAnON;
PROVIDING FOR SEVERABIUTY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1.
Sec. 8-82(g), Monroe County Code, is hereby amended to read:
(g) The following requirements are only applicable to special waste
collectors (hereafter collector in this subsection 8-82(g)) engaged in the collection
and transportation of sludge. A transfer station which only accepts delivery of
sludge for transfer to a solid waste disposal facility permitted by the Florida
Department of Environmental Protection is not a "collector" for the purposes of this
subsection.
(1) The collector must apply to the County for a nonrefundable special
solid waste license, subcategory sludge (hereafter license in this
subsection 8-82(g)). The application fee is $250. The initial license
fee and each annual renewal is $1,000.
(2) The collector must pay a 10% surcharge on the collector's gross
receipts received for sludge removal; except, however, no surcharge
is due on the gross receipts received for sludge which is delivered to
the County's transfer stations and the full tipping fee is paid. The
surcharge is payable quarterly and is due 20 days after the close of
each quarter. The payment must be accompanied by a report listing
locations of service, the customer fees charged, the amount of
recovered material and the disposal site, together with receipts from
the disposal facility, stating volume or weight.
(3) In order to assure compliance with subsection 8-82(g)(2), the
collector's financial records must be made available to
representatives of the County during regular business hours (Monday
through Friday, 9 AM - 5 PM, holidays excepted) at a location within
Monroe or Dade counties.
(4) The collector may only collect and transport sludge from a
wastewater treatment plant or similar facility between the hours of 7
AM and 7 PM, Monday through Saturday.
(5) All equipment used by the collector in the collection and
transportation of sludge must be clearly identified with the name of
the collector, collector's telephone number and collector's license
number. The collector must purchase from the County a County
decal or sticker for each vehicle used in the collection of sludge.
Each decal/sticker costs $250 and is valid for one year from date of
purchase. The decal/sticker must clearly show the date of purchase
and be displayed on the vehicle as long as the vehicle is used in
collecting sludge in Monroe County.
(6) Sludge must be sufficiently contained to prevent the release of the
sludge while in transit.
(7) All sludge must be disposed of at a facility permitted for such
purposes by the Florida Department of Environmental Protection.
(8) A collector exiting Monroe County with equipment loaded with sludge
shall use Card Sound Road and shall, on a daily basis, deposit with
the Toll Collector service tickets which shall include the following
information:
a. Company name, address, and telephone number
b. Driver's name
c. Specialty Hauler's license number
d. Vehicle number
e. Container number and size
f. Building permit number (if applicable)
g. Service address/location
h. Disposal site (including DEP Permit Number)
i. Service ticket number
j. Cost of service
(9) A collector disposing of sludge within Monroe County at a site other
than a County-owned transfer station shall, on a monthly basis, deliver
service tickets containing the information required in subsection 8-
82(e)(8), to the Office of Solid Waste Management.
(10) A collector licensed under subsection 8-82(g), may not collect any
residential or commercial solid waste or special solid waste other
than sludge without first obtaining a franchise therefor. Sludge may
not be commingled with any other type of solid waste regardless of
the license or franchise held by the collector.
(11) The County Administrator is authorized to suspend or revoke the
license of a collector when the Administrator determines that the
collector has violated a provision of Section 8-82, MCC. Before
suspending or revoking the license the Administrator must afford the
collector an opportunity to offer such evidence as the collector deems
necessary to support his position, although the Administrator is not
bound to consider, and may reject, evidence that is cumulative,
slanderous, or irrelevant. The Administrator's decision on a
suspension or revocation must be in writing and state the reasons
therefor. The decision is the tinal administrative action of the
County. This subsection 8-82(e)(11), MCC, 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 master; and suits for injunctive relief.
Section 2.
If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4.
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 S.
This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 21st day of April, 2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
6/
Mayor/Chairperson
Jordhaulsludge