Item Q3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 17, 2001
Division:
County Attorney
AGENDA ITEM WORDING:
SECOND PUBLIC HEARING of an ordinance amending Sec. 8-82(e), MCC,
providing that any collector exiting Monroe County with equipment loaded with
construction and demolition debris shall use Card Sound Road.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
11/21/00 BOCC approved advertisement of this proposed ordinance.
12/13/00 BOCC held public hearing of this proposed ordinance and continued to 1/17/01
for a second public hearing in Key West.
STAFF RECOMMENDATION:
Approval
TOTAL COST:
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney X
OMB/Purchasing
Risk Management
DIVISION DIRECTO~
DOCUMENTATION:
Included -2L To Follow
Not required
AGENDA ITEM #
1..03
Growth Management
ORDINANCE NO
- 2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING SECTION 8-82(e), MONROE COUNTY
CODE, IN ORDER TO PROVIDE THAT ANY COLLECTOR EXITING MONROE
COUNTY WITH EQUIPMENT LOADED WITH CONSTRUCTION AND
DEMOLITION DEBRIS SHALL USE CARD SOUND ROAD AND SHALL
PRODUCE SERVICE TICKETS; PROVIDING FOR THE DELIVERY OF SERVICE
TICKETS TO THE OFFICE OF SOLID WASTE MANAGEMENT IF DISPOSAL IS
MADE WITHIN MONROE COUNTY AT A SITE OTHER THAN A COUNTY-
OWNED TRANSFER STATION; PROVIDING FOR SEVERABILITY;
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 I'r ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1.
Sec. 8-82(e), Monroe County Code, is hereby amended to read:
(e) The following requirements are only applicable to special waste
collectors (hereafter collector in this subsection 8-82(e)) engaged in the collection
and transportation of construction and demolition debris. A transfer statiQn which
only accepts delivery of construction and demolition debris 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 construction and demolition debris
(hereafter license in this subsection 8-82(e)). 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 construction and demolition debris removal;
except, however, no surcharge is due on the gross receipts received
for construction and demolition debris that are 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(e)(2), the
~.cQUectot's financial records must be made available to
.," .representatives of the County during regular business hours (Monday
~th!:'ough. Friday, 9 AM - 5 PM, holidays excepted) at a location within
Monroe or Dade counties.
(4) The collector may only collect and transport construction and
demolition debris from a construction site from 7 AM until 7 PM
Monday through Saturday.
(5) All equipment used by the collector in the collection and
transportation of construction and demolition debris must be clearly
identified with the name of the collector, his telephone number and
his license number. The collector must purchase from the County a
County decal or sticker for each vehicle used in the collection of
construction and demolition debris. 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 construction and
demolition debris in Monroe County.
(6) Construction and demolition debris in transit must be sufficiently
covered to prevent the release of the debris while in transit.
(7) All construction and demolition debris must be disposed of at a solid
waste facility permitted for such debris by the Florida Department of
Environmental Protection.
LID. A collector exitina Monroe County with eauioment loaded with
construction and demolition debris shall use Card Sound Road and
shall, on a daily basis, deoosit with the Toll Collector service tickets
which shall include the followina information:
.
i.
A. .J:1. .. )( j.
pY k.
a.
b.
c.
d.
e.
f.
a.
h.
Comoany name. address. and teleohone number
Driver's name
Soecialty Hauler's license number
Vehicle number
Container number and size
Buildina oermit number (if aoolicable)
Service address/location
Disoosal site Cincludina DEP Permit Number)
Service ticket number
Customer sianature
Cost of service
ill
....\"1
'"
0"
A collector disoosina of construction and demolition debris within Monroe 1"
County at a site other than a County-owned transfer station shall, on a ~~
basis, deliver service tickets containina the information set forth in
subsection 8-82(eH8)' MCC, to the Office of Solid Waste Manaaement.
(87 i1Q) A collector licensed under this subsection 8-82(e), MCC, may not
collect any residential or commercial solid waste or (non-construction
or demolition) special solid waste without first obtaining a franchise
therefor. Construction and demolition debris may not be commingled
with residential or commercial solid waste or other (non-construction
or demolition) special solid waste regardless of the license or
franchise held by the collector.
f91ll.l1 The County Administrator is authorized to suspend or revoke the
license of a collector when the Administrator determines that the
collector as violated a provision of this 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 final 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 5.
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
day of
, 2000.
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
jdordhauldebrls2 _
~~
BY
AtTORNEY'S OffICE
DATE II. 6. 0 0