Item O6County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
March 15, 2017
Agenda Item Number: 0.6
Agenda Item Summary #2710
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Will Thompson (305) 292 -4432
No
AGENDA ITEM WORDING: Approval to advertise for a Public Hearing to be held to consider
adoption of an Ordinance 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
ITEM BACKGROUND: This proposed ordinance incorporates direction from the Board and
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.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to advertise for Public Hearing to be held at April 19,
2017 BOCC meeting in Marathon at 3:00 P.M.
DOCUMENTATION:
Draft Ordinance Revising Specialty Hauler program for 3 15 17
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
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:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Bob Shillinger
Completed
02/27/2017 10:06 AM
Christine Limbert
Completed
02/27/2017 10:48 AM
Budget and Finance
Completed
02/27/2017 3:06 PM
Maria Slavik
Completed
02/28/2017 7:30 AM
Kathy Peters
Completed
02/28/2017 10:12 AM
Board of County Commissioners
Pending
03/15/2017 9:00 AM
ORDINANCE -2017
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; 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 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,
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metal, and sludge, however it does not include private individuals transporting or disposing of
their personal property.
Transfer Station means a facility primary purpose of which is to store or hold solid waste
for transport to a processin or r 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 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*er a-R specialty hauler shall be required
to obtain a license. No more than Twenty -four (24) 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
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(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 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*er a-R specialty hauler shall be required
to obtain a license. No more than Twenty -four (24) 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
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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. § 287.13.
(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 eelleeted shall be disp
^r�eeti— e seEt e 21 70 and t4 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 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
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may be established by the board by resolution. Prior to renewal of a license, A A
, . , �gEeneetiensen4eeser 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 rVA- I-I-°^*^"'" A-r specialty hauler's complying with the
following additional requirements:
(1) Assignment of license. The eelleetef of 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
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)
{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 sepeete ,
his /her telephone number and license number in lettering greater than four inches.
st ffl
{�The specialty hauler suer must apply to the county for a nonrefundable special solid
waste license. $1
.The amount of the initial license fee rs --
and each annual renewal fee is as adopted by Resolution of the Board of County Commissioners
$1,000.00. If the specialty hauler is collecting more than one type of material, Phe fee for an
additional collection endorsement on the license is as adopted by Resolution of the Board of
County Commissioners $750.00 and will allow for collection of additional materials. The county
may pro rate the fee for the initial licenses only. The fee for a one -time short -term license fee for
collection and disposal of construction waste is as adopted by Resolution of the Board of County
Commissioners49
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IN
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ren 1iess -tlt: (M,,, d th g id n.nn a.m to 5 : 00 t, ysm
ex ).
(4)
The
specialty hauler e^'� must purchase from the county a county decal /sticker for each
vehicle used in the collection of special solid waste material. Each decal /sticker rests
$25 0 . 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
purchases and be displayed /affixed on the front windshield on the passenger side of the
vehicle. In addition to displaying the decal /sticker, the specially hauler sepeetet: 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 MateFiff4 shall keep Feeet:d of �he fellowifig ifffefMatieff a-Rd shall pt:evide
a. Th e eempany name, a a te l e phene
b. 44ie dFivef's name
d. The vehiele fitrmbe-r-,
e. The sentainet: fittmb size (if applieable)-,
g. The ° °
1, The di site (ifiel tdifig PEP pet4nrcfittmber*,
i. The sen4ee tieket fittm €t: -a
The st of
other- 4iaa a eettaty &v� tmasfet: station shall, en a menthly basis, delivel: sen
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(37) 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 e^'� is only authorized to collect special solid waste the f ll
�,� for which a license or endorsement has been obtained from the county,
waste, et. age
(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 ^ 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.
(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.
(g) 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 three equal installments
on a quarterly basis to the Solid Waste Department.
SECTION 6: 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 eel e specialty hauler or
person that has obtained the one -time short -term license that will be used; or
SECTION 7: 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
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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 8: 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 9: 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 10: 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 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
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