Item N1BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: N.1
Agenda Item Summary #2359
BULK ITEM: No DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Will Thompson (305) 292 -4432
1:30 P.M.
AGENDA ITEM WORDING: Discussion of changes to the Specialty Hauler program
ITEM BACKGROUND: The Specialty Hauler program in Monroe County was originally
developed as a way to fund the pollution control and illegal dumping cleanup efforts in the County.
Its enforcement mechanism relies on self - reporting and no funding was allocated for any
enforcement. This has left it open to abuse by haulers in underreporting revenue, and by out of
County companies operating within the County that had no reason to know the program even
existed. No other County in the State of Florida has a similar program. It also has placed the burden
of paying for the County's pollution control efforts on 20 to 30 businesses, rather than spreading the
expense more fairly as a shared social responsibility.
PREVIOUS RELEVANT BOCC ACTION: Began discussion of this issue at the October 19
BOCC meeting.
CONTRACT /AGREEMENT CHANGES:
No
STAFF RECOMMENDATION:
DOCUMENTATION:
Hauler proposal nov
Draft Ordinance Revising Specialty Hauler provisions for 1122 16 BOCC meeting
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
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:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Will Thompson
Completed
11/04/2016 10:40 AM
Christine Limbert
Completed
11/04/2016 4:00 PM
Budget and Finance
Skipped
11/04/2016 3:59 PM
Maria Slavik
Skipped
11/04/2016 4:00 PM
Kathy Peters
Completed
11/04/2016 4:21 PM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
County of Monroe
................
Tie Florida Keys
��
Memorandum
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
DATE: November 3, 2016
TO: BOCC CC: Administrator, Assistant Administrator
FROM: W. Thompson
SUBJECT: Specialty Hauler Program in Monroe County
Proposed Action: Develop a new specialty hauler licensing system that eliminates the onerous
and difficult to enforce system of reporting, is fair to all, and shares the costs of illegal dumping
enforcement fairly.
Background:
The Specialty Hauler program in Monroe County was originally developed as a way to fund the
pollution control and illegal dumping cleanup efforts in the County. Its enforcement mechanism
relies on self - reporting and no funding was allocated for any enforcement. This has left it open to
abuse by haulers in underreporting revenue, and by out of County companies operating within the
County that had no reason to know the program even existed. No other County in the State of
Florida has a similar program. It also has placed the burden of paying for the County's pollution
control efforts on 20 to 30 businesses, rather than spreading the expense more fairly as a shared
social responsibility.
Eliminate the revenue sharinLy element of the DroLyram and instead charLye haulers a flat rate.
Currently, Haulers are required to return to the County 10% of their gross revenue for hauling
material in the County. This is done on an "honor" system, which has proven unrealistic. By
switching to a flat rate system, we eliminate revenue sharing, and the possibility (or temptation) of
under reporting.
ORDINANCE -2016
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; PROVIDING FOR RULES AND
REGULATIONS RELATING TO COLLECTION AND
DISPOSAL OF SPECIAL SOLID WASTE; 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:
Collector means those persons v�e at:e lieensed ttad °r toe r s of eetien 21 7 an
who 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,
metal, and sludge, however it does not include private individuals transporting or disposing of
their personal property.
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SECTION 2: Sec. 21 -71(e) shall be deleted in its entirety and subsection (f) shall be renumbered
as (e) as set forth below:
(#) 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 ee'�r-s
as
(a)
led hefei+i. Any person collecting any special solid waste shall be required to obtain a E
license prior to collection of such waste and shall comply with all provisions of this section; 0
provided, however, that the applicant for a building permit that has elected to collect and m
dispose of construction waste pursuant to section 21 -75 shall be exempt from the
requirement of obtaining a license. Each ee"°e*er an d specialty hauler shall be required to N
obtain a license. 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 0
old. A partnership, corporation or other business entity that desires to obtain a license r-
must currently be in good standing with the Florida Department of State, Division of
Corporations. 0
CL
(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. § 287.13. s
(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 all solid waste collected shall be disposed
of at the solid waste disposal facility, except as otherwise permitted under subsection (e)
of this section or section 21 -70, and that the applicant will comply with all standards
and provisions of this article.
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(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 E
state have been complied with prior to having his license renewed each year.
(b) The application for license shall be filed with the county administrator and shall be m
accompanied by a nonrefundable fee in an amount that shall be established by the board by
resolution. N
(c) The term of the license shall be from October 1 to September 30 each year. Prior to the
expiration of the license, the eeper specialty hauler may renew the license by filing an
affidavit with the Beaty .,d- istfate 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 ^ ^':r- cvlleeter
, . , �gEeneetienseFvieeser 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 ^^Meet" s er specialty hauler's complying with the
following additional requirements:
(1) Assignment of license. The eell eetef er 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 er 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)
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o f t4i se etio n.
{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 eepeeer
his /her telephone number and license number in lettering greater than four inches.
{�The specialty hauler e^'� must apply to the county for a nonrefundable special
solid waste license. The application fee is $2-5-9 .00. The initial license fee is
$ .00 and each annual renewal fee is $ NO .00. If the specialty
hauler is collecting more than one type of material, Phe fee for an additional collection
endorsement on the license is $7-58 .00 and will allow for collection of additional
materials. The county may pro rate the fee for the initial licenses only.
(2) '
fitil tipping fee is paid. The sttt:ehafge is payable fnefAly and is dtte 15 days aftet:
•
( ,
ren 1iess - tlt: (M,., d th F, ;a.,., n.nn a.m to 5 : 00 t, s
e�ieepted).
(4)
The
specialty hauler reef must purchase from the county a county decal /sticker for each
vehicle used in the collection of special solid waste material. Each decal /sticker costs
$8_.00 and 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
purchases 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
release of the material while in transit.
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(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 matet4ai shall keep Feeefd �V +11
(.97)A specialty hauler "°tom 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 th f ll , ,,a
ma4efWs for which a license or endorsement has been obtained from the county;
(48 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 "P MP4STR n Tnn 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.
Page 5
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(.97)A specialty hauler "°tom 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 th f ll , ,,a
ma4efWs for which a license or endorsement has been obtained from the county;
(48 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 "P MP4STR n Tnn 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.
Page 5
(f) 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.
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, 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 eel leetef specialty hauler 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 as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the th day of , 201.
Mayor Heather Carruthers
Mayor Pro Tern George Neugent
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
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