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Item Q1 x BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 14, 2000 Division: County Attorney AGENDA ITEM WORDING: A PUBLIC HEARING OF ORDINANCE AN ORDINANCE AMENDING SECTION 8-72(uu)(2)(a), MONROE COUNTY CODE, IN ORDER TO AMEND THE DEFINITION OF CONSTRUCTION WASTE; AMENDING SECTION 8-82(e), MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR A SUBCATEGORY OF THE SPECIALTY WASTE HAULER LICENSE FOR CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL; PROVIDING FOR THE FEES AND CHARGES FOR SUCH LICENSE; PROVIDING FOR STANDARDS AND CRITERIA FOR SUCH LICENSE; AMENDING SECTION 8-85, MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT THE APPLICANT FOR A BUILDING PERMIT MUST LIST THE LICENSED COLLECTOR WHO WILL COLLECT THE CONSTRUCTION AND DEMOLITION DEBRIS; AMENDING SECTIONS 8-85 AND 8-86(a), MONROE COUNTY CODE, IN ORDER TO REMOVE THE REQUIREMENT THAT CONSTRUCTION AND DEMOLITION DEBRIS MUST BE DISPOSED OF AT THE COUNTY SOLID WASTE FACILITIES. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: The advertisement of this proposed ordinance was approved on April 19, 2000 for a public hearing to be held on May 17,2000. At that time the Board postponed the public hearing to the meeting of June 14,2000. STAFF RECOMMENDATION: Approval. TOTAL COST: Unknown. BUDGETED: Yes_ No Cost to County: APPROVED BY: County Attorney ---"_ OMB/Purc~ DIVISION DIRECTOR~/ ~ DOCUMENTATION: Included _~ To Follow Risk Management Not required AGENDA ITEM # I--a. , County Administrator ORDINANCE NO - 2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 8-72(uu)(2)(a), MONROE COUNTY CODE, IN ORDER TO AMEND THE DEFINITION OF CONSTRUCTION WASTE; AMENDING SECTION 8-82(e), MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR A SUBCATEGORY OF THE SPECIALTY WASTE HAULER LICENSE FOR CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL; PROVIDING FOR THE FEES AND CHARGES FOR SUCH LICENSE; PROVIDING FOR STANDARDS AND CRITERIA FOR SUCH LICENSE; AMENDING SECTION 8-85, MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT THE APPLICANT FOR A BUILDING PERMIT MUST LIST THE LICENSED COLLECTOR WHO WILL COLLECT THE CONSTRUCTION AND DEMOLITION DEBRIS; AMENDING SECTIONS 8-85 AND 8-86(a), MONROE COUNTY CODE, IN ORDER TO REMOVE THE REQUIREMENT THAT CONSTRUCTION AND DEMOLITION DEBRIS MUST BE DISPOSED OF AT THE COUNTY SOLID WASTE FACILITIES; 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 IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Subsection 8-72(uu)(2)a), MCC, is hereby amended to read: (2) Special solid waste means construction and demolition debris W;Jstc, c>EtF49rgiR4ilI)' waste, hazardous waste, biohazardous wastes and sludge, as defined below: '" a. CSRSt.-vctJSR Vlast-c shall mean nonhazafdous materials geneFaIl'f considered not to be water soluble, or a combination of such materials, which consist of the remnants or debris frem the construction, reconstruction, r'CFflodeling or de~:~~sn ~ a~: ~tructur-c, and shall include, but not be limited to, metal, metal pr , :~~~~e~~, ~:a;s, reck, FOofing materials, asphalt, wood, tar, brick, cement, gypsum board, wood fruming, plumbing fixtures, electrical switches and wiring. a. Construction and demolition debris means discarded materials oenerally considered to be not water soluble and nonhazardous in nature, includino, but not limited to, steel. olass. brick, concrete, aschalt, roofing material. cice, oycsum wallboard, and lumber, from the construction or destruction of a structure as cart of a construction or demolition croiect or from the renovation of a structure, and including rocks, soils. tree remains, trees, and other veoetative matter that normally results from land clearing or land develocment ocerations for a construction croiect, includino such debris from construction of structures at a site remote from the construction or demolition croiect site. Mixino of construction and demolition debris with other tyces of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: (i) clean cardboard oaoer, olastic. wood, and metal scraos from a construction oroiect; (ii) De minimis amounts of other nonhazardous wastes that are aenerated at construction or destruction oroiects, orovided such amounts are consistent with best manaaement oractices of the industry. Section 2. Subsection 8-82(e), MCC, existing on the effective date of this Ordinance, is renumbered as subsection 8-82(f). Section 3. New Subsection 8-82(e), MCC, is created to read: (e) The followina,reauirements are only aoolicable to soecial waste collectors (hereafter collector in this subsection 8-82(e)) enaaaed in the collection and transoortation of construction and demolition debris: 1) The collector must aooly to the County for a nonrefundable special solid waste license, subcateaory construction and demolition debris (hereafter license in this subsection 8-82(e)). The aoolication fee is $250. The initial license fee and each annual renewal is $1.000. 2) The collector must Day a 10% surcharae on the collector's gross receiots received for construction and demolition debris removal; exceot, however, no surcharae is due on the aross receiots received for construction and demolition debris that are delivered to the County's transfer stations and the full tiooina fee is oaid. The surcharae is oayable auarterlY and is due 20 days after the close of each auarter. The oayment must be accomoanied by a reoort listina locations of service. the customer fees charaed, the amount of recovered material and the disoosal site. 3) In order to assure comoliance with subsection 8-82(e)(2), the collector's financial records must be made available to reoresentatives of the County durina reaular business hours (Monday throuah Friday. 9 AM - 5 PM, holidays exceoted) at a location within Monroe or Dade counties. 4) The collector may only collect and transoort construction and demolition debris from a construction site from 7 AM until 7 PM Monday throuah Saturday. 5) All eauioment used bY the collector in the collection and transoortation of construction and demolition debris must be clearly identified with the name of the collector, his teleohone number and his license number. 6) Construction and demolition debris in transit must be sufficientlY covered to orevent the release of the debris while in transit. 7) All construction and demolition debris must be disoosed of at a solid waste facility oermitted for such debris by the Florida Deoartment of Environmental Protection. 2 8) A collector licensed under this subsection 8-82(e). MCC. may not collect any residential or commercial solid waste or (non-construction or demolition) soecial solid waste without first obtainino a franchise or license therefor. Construction and demolition debris may not be comminoled with residential or commercial solid waste or other (non-construction or demolition> soecial solid waste reoardless of the license or franchise held by the collector. 9) The County Administrator is authorized to susoend or reyoke the license of a collector when the Administrator determines that the collector has violated a orovision of this Section 8-82, MCC. Before susoendino or revokino the license the Administrator must afford the collector an oooortunity to offer such evidence as the collector deems necessary to suooort his oosition, althouoh the Administrator is not bound to consider, and may reiect, evidence that is cumulative, slanderous, or irrelevant. The Administrator's decision on a susoension or revocation must be in writino and state the reasons therefor. The decision is the final administrative action of the County. This subsection 8-82(e)(9), MCC, is cumulative to all other lawful remedies and orocedures available to the County for the enforcement of its ordinances, includino but not limited to: orosecution as a second deoree misdemeanor: issuance of citations to aooear in county court: orosecution before the county code enforcement board or soecial master: and suits for iniunctive relief. Section 4. Subsection 8-85, MCC, is hereby amended to read: (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 clearino: the applicant shall provide for the collection and disposal of any construction, demolition of a structure or land clearino debris. waste which 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, 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 collector or specialty hauler which will be utilized; or (2) The applicant will provide for the collection and disposal of construction waste and demolition debris at the solid waste disposal faCility using the aoolicant's equipment for such collection and disposal that is acceptable to the county. (b) No building permit shall be issued by the county until one of the above alternatives has been selected by the applicant. 3 (c) A speci~lt'{ h~uler sh\lll, not be required to collect and dispose of construction w\lste, but m~y offer such services ~t ~n ~ddition~1 ch~rge within ~ny service ~re~. The billing \lnd collection of such fee shall be the sole responsibility of the speci~lt)' h~uler. All such collection ~nd dispos~1 sh~1I be the responsibility of the ~pplic~nt f~r the building permit. All construction y..~ste collected sh~1I be disposed of ~t the solid .....\lste dispos~1 f\lcility . Section 4. Subsection 8-86(a), MCC, is amended to read as follows: (a) With the exceotion of construction and demolition debris. no He person shall place, deposit or dispose of any solid waste, except other than at the solid waste disposal facility. If any solid waste is found on public or private property or roadways and its origin is traced to improved property by identification such as mail, statements, checks, receipts, etc., and such occupant or owner of such property is not receiving collection service by a collector, it shall be presumed that such solid waste was generated from that improved property. Section S. 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 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 7. 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. 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. Mayor Shirley Freeman Commissioner Wilhelmina Harvey Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk jdordhauldebris Mayor/Chairperson 4 County Administrator ORDINANCE NO - 2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 8-72(uu}(2}(a), MONROE COUNTY CODE, IN ORDER TO AMEND THE DEFINITION OF CONSTRUCTION WASTE;: AMENDING SECTION 8-82(A)(5), MONROE COUNTY CODE, IN ORDER TO CLARIFY THAT CONST,RUCTION AND DEMOLITION DEBRIS MAY BE DISPOSED OF AT A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PERMITTED SOLID WASTE FACILITY; AMENDING SECTION 8-82( e), MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR A SUBCATEGORY OF THE SPECIALTY WASTE HAULER LICENSE FOR CONSTRUCTION AND DEMOLITION DEBRIS REMOVAL; PROVIDING FOR THE FEES AND CHARGES FOR SUCH LICENSE; PROVIDING FOR STANDARDS AND CRITERIA FOR SUCH LICENSE; AMENDING SECTION 8-85, MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT THE APPLICANT FOR A BUILDING PERMIT MUST UST THE LICENSED COLLECTOR WHO WILL COLLECT THE CONSTRUCTION AND DEMOLITION DEBRIS; AMENDING SECTIONS 8-85 AND 8-86(a), MONROE COUNTY CODE, IN ORDER TO REMOVE THE REQUIREMENT THAT CONSTRUCTION AND DEMOLITION DEBRIS MUST BE DISPOSED OF AT THE COUNTY SOLID WASTE FACILITIES; 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 IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Subsection 8-72(uu)(2)a), MCC, is hereby amended to read: (2) Special solid waste means construction and demolition debris 'N.Jstc, ext.150( dinar',' \"a~ hazardous waste, biohazardous wastes and. ~Iudge, as defined below: a. Const,~uction Vlustc shall mean nonhazardous materials generally considered not to be water soluble, or a combination of such materi;]ls, 'Nhich consist of the remnants or debris from the construction, reconstruction, remodeling or demolition of any structure, ;]nd shall include, but not be limited to, metal, metal products, concrete, glass, roclc, roofing materials, asphalt, '/lood, tar, brick, cement, gypsum board, wood framing, plumbing fixtures, electrical sw'itches and wiring. a. Construction and demolition debris means discarded materials oenerally considered to be not water soluble and nonhazardous in nature. includino, but not limited to, steel. olass, brick, concrete, aSDhalt. roofino material. DiDe. OYDSUm wallboard, and lumber, from the construction or destruction of a structure as Dart of a construction or demolition Droiect or from the renovation of a structure, and includino rocks, soils, tree remains, trees, and other veoetative matter that normally results from land clearino or land develoDment oDerations for a construction Droiect. includino such debris from construction of structures at a site remote from the construction or demolition Droiect site. Mixino of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: CD clean cardboard oaoer, plastic. wood, and metal scraos from a construction oroiect; (iD De minimis amounts of other nonhazardous wastes that are aenerated at construction or destruction oroiects, orovided such amounts are consistent with best manaaement oractices of the indu~try. Section 2. Subsection 8-82(a)(5), MCC, is hereby amended to read: (5) The applicant must sign a sworn affidavit that all solid waste collected shall be disposed of at the solid waste disposal facility, except as otherwise permitted under subsection 8-82(e) or section 8-80, and that the applicant will comply with all standards and provisions of this article. Section 3. Subsection 8-82(e), MCC, existing on the effective date of this Ordinance, is renumbered as subsection 8-82(f). Section 4. New Subsection 8-82(e), MCC, is created to read: (e) The followina reauirements are only aoolicable to soecial waste collectors (hereafter collector in this subsection 8-82(e)) enaaaed in the collection and transoortation of construction and demolition debris~ 4 1nt~ ~,s~ ttJl,iGl. 4t IK' 1) The collector must aooly to the County for a nonrefundable soecial solid waste license, subcateaorv construction and demolition debris (hereafter license in this subsection 8-82(e)). The aoolication fee is $250. The initial license fee and each annual renewal is $1.000. (j) 2) The collector must oay a 10% surcharae on the collector's aross receiots received for construction and demolition debris removal; exceot, however. no surcharae is due on the aross receiots received for construction and demolition debris that are delivered to the Coun 's transfer stations and the full tiooina fee is oaid. he surcharae is oayable auarterly and is due 20 days after the close of each auarterJi)rhe oayment must be accom anied bare ort Iistin locations of service the customer fees charaed, the amount of recovered material and the disoosal site, . deliverv of construction and demolition debris for transfer to a solid waste disoosal faCility oermitted by the Florida Deoartment of Environmental Protection I is /l(}f- q "CtJ/I,c!r".. ~ p.r ~ N'~..r -II,;..r ~~ . 3) In order to assure comoliance with subsection 8-82(e)(2), the collector's financial records must be made available to reoresentatives of the County durina reaular business hours (Monday throuah Friday, 9 AM - 5 PM, holidays exceoted) at a location within Monroe or Dade counties. o.uf :I:.o~ Y Ilr:::f. b~ I ~~ 2 4) The collector may only collect and transoort construction and demolition debris from a construction site from 7 AM until 7 PM Monday throuoh Saturday. 5) All eouioment used by the collector in the collection and transoortation 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 ourchase from the County a County decal or sticker for each vehicle e.J:l.d c9118aiQn e~used in the collection of construction and demolition debris. Each decal/sticker tosts $~5l' and is valid for one year from date of ourchase. The decal/sticker must clearly show the date of ourchase and be disolayed on the vehicle or c911action box~ as lono as the vehicle or CQ1I9cti9F1 60~S used in collectino construction and demolition debris in Monroe County. 6) Construction and demolition debris in transit must be suffiCiently covered to orevent the release of the debris while in transit. 7) All construction and demolition debris must be disoosed of at a solid waste facility oermitted for such debris by the Florida Deoartment of Environmental Protection. 8) A collector licensed under this subsection 8-82(e), MCC. may not collect any residential or commercial solid waste or (non-construction or demolition) soecial solid waste without first obtainino a franchise QLlic(inse~ therefor. Construction and demolition debris may not be comminoled with residential or commercial solid waste or other (non-construction or demolition) soecial solid waste reoardless of the license or franchise held by the collector. 9) The County Administrator is authorized to susoend or revoke the license of a collector when the Administrator determines that the collector has violated a orovision of this Section 8-82, MCC. Before susoendino or revokino the license the Administrator must afford the collector an oooortunity to offer such evidence as the collector deems necessary to suooort his oosition, althouoh the Administrator is not bound to consider. and may reiect, evidence that is cumulative, slanderous. or irrelevant. The Administrator's decision on a susoension or revocation must be in writino and state the reasons therefor. The decision is the final administrative action of the County. This subsection 8-82(e)(9)' MCC. is cumulative to all other lawful remedies and orocedures available to the County for the enforcement of its ordinances, includino but not limited to: orosecution as a second deoree misdemeanor: issuance of citations to aooear in county court; prosecution before the county code enforcement board or soecial master; and suits for iniunctive relief. Section 5. Subsection 8-85, MCC, is hereby amended to read: (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 clearino; the applicant shall provide for the collection and disposal of any 3 construction, demolition of a structure or land clearino debris, waste which 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, 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 collector or specialty hauler which will be utilized; or (2) The applicant or his contractor will provide for the collection and disposal of construction waste and demolition debris at a solid waste disoosal facility oermitted by the Florida Deoartment of Environmental Protection using the aoolicant's or his contractor's equipment for such collection and disposal that is acceptable to the county. Neither the aoolicant nor his contractor may collect or disoose of any construction and demolition debris other than that oenerated at the site for which the buildino oermit was issued. (b) No building permit shall be issued by the county until one of the above alternatives has been selected by the applicant. (c) A speciJlty hJuler ::;hJII not be required to collect Jnd dispose of construction wJste, but mJ', offer such services at In JdditionJI chJrge within Jny :::;ervice JreJ. The billing Jnd collection of such fee shJII be the sole responsibility of the speciJlty hJuler. All such collection Jnd diSpOSJI :::;hJII be the re:::;ponsibility of the JpplicJnt for the building permit. All construction w~ste collected shJII be disposed of Jt the solid WJ:::;te dispos~1 fJcility. Section 6. Subsection 8-86(a), MCC, is amended to read as follows: (a) With the exceotion of construction and demolition debris, no -Ne person shall place, deposit or dispose of any solid waste, e>Ecept other than at the solid waste disposal facility. If any solid waste is found on public or private property or roadways and its origin is traced to improved property by identification such as mail, statements, checks, receipts, etc., and such occupant or owner of such property is not receiving collection service by a collector, it shall be presumed that such solid waste was generated from that improved property. Section 7. 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 8. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 4 Section 9. 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 10. 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. Mayor Shirley Freeman Commissioner Wilhelmina Harvey Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jdordhauldebris 5