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Ordinance 003-2017ORDINANCE NO. 003 - 2017 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 AND TRANSFER STATIONS; 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 certain 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 who are franchised to 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 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. Transfer Station means a facility the primary purpose of which is to store materials collected by specialty haulers for transport to a processing or disposal facility. Page 1 SECTION 2: Sec. 21 -71(e) shall be deleted in its entirety and subsection (f) shall be renumbered as (e) as set forth below: (e) 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 and Transfer Stations. (a) Any person collecting or transporting commercial recycling, commercial white goods, construction and demolition debris, e- waste, metal, and sludge 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, which is only valid for one specific construction project and location, 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 specialty hauler shall be required to obtain a license annually. No more than Twenty -four (24) annual 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 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. § 287.133. (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 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. Page 2 (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 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 specialty hauler may renew the license by filing an affidavit with the 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 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 specialty hauler's complying with the following additional requirements: (1) Assignment of license. The 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 specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the 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 specialty hauler or of any corporation that holds more than 50 percent of issued and outstanding stock of the specialty hauler shall constitute an assignment for the purposes of this section. (2) 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, his/her telephone number and license number in lettering greater than four inches. (3) The specialty hauler must apply to the county for a nonrefundable special solid waste license. The amount of the initial license fee and each annual renewal fee is as adopted by Resolution of the Board of County Commissioners. The county may pro rate the fee for the initial licenses only. The fee for a one -time project specific short-term license fee for collection and disposal of construction waste is as adopted by Resolution of the Board of County Commissioners. Page 3 (4) The specialty hauler must purchase from the county a county decal /sticker for each vehicle used in the collection of special solid waste material. Each decal /sticker 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 purchase 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 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. (7) 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 is only authorized to collect special solid waste for which a license or endorsement has been obtained from the county. (8) The county administrator or designee is authorized to suspend or revoke the license of a specialty hauler when the administrator or designee determines that the specialty hauler has violated a provision of this section. Before suspending or revoking the license, the administrator or designee must afford the specialty hauler an opportunity to offer such evidence as the specialty hauler deems necessary to support his position, although the administrator 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. (e) 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. (f) Transfer Stations operating in the Unit, except for existing municipal disposal facilities, must pay an annual fee as adopted by Resolution of the Board of County Commissioners. The annual fee may be paid in four (4) equal installments on a quarterly basis to the Solid Waste Department. 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: Page 4 (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 specialty hauler or person that has obtained the one -time project specific short-term license 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 October 1, 2017. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17 day of May, 2017. t j t A #hest: K N MADOK, Clerk Deputy Clerk G � BOARD OF COUNTY COMMISMONERI OF MONROE COUNTY, FLORIDA CA B � Mayor /Chairperson MONROE COUNTY ATTORNEY f PROVED AS T9 FORM: J, CHRISTINE M. LIMBERT- BARROWS A SSISTMT COUNTY ATTORNEY Date rn r rn 0 rn 0 T � N C 0 0 Page 5 Mayor George Neugent Yes Mayor Pro Tem David Rice Yes a o Commissioner Danny L. Kolhage Yes Z Commissioner Heather Carruthers Yes r Commissioner Sylvia Murphy Yes on t j t A #hest: K N MADOK, Clerk Deputy Clerk G � BOARD OF COUNTY COMMISMONERI OF MONROE COUNTY, FLORIDA CA B � Mayor /Chairperson MONROE COUNTY ATTORNEY f PROVED AS T9 FORM: J, CHRISTINE M. LIMBERT- BARROWS A SSISTMT COUNTY ATTORNEY Date rn r rn 0 rn 0 T � N C 0 0 Page 5 '` :g Kevin Madok, cPA " Clerk of the Circuit Court & Comptroller — Monroe County, Florida tla � May 26, 2017 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399 -0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 003 -2017 Ordinance amending Sections 21 -46, 21 -71, 21 -72 and 21 -75 of the Monroe County Code providing definitions; providing for rules, regulations and licensing requirements and fees for specialty haulers and transfer stations pursuant to the solid waste specialty hauler program. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on May 17, 2017. Should you have any questions, please feel free to contact me at (305) 295 -3130. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller & ex- officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D.C. cc: County Attorney Solid Waste BOCC KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305- 294 -4641 305- 289 - 6027 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RICK SCOTT KEN DETZNER Governor Secretary of State May 30, 2017 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Pam Hancock Dear Ms. Heavilin: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 003-2017, which was filed in this office on May 26, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us From: ords2municode.com To: peters--kath &monroecounty-fl.gov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 15 Update 1 Date: Tuesday, May 30,2017 12:44:17 PM Attachments: ATT00001.bin ATT00002.bin THIS IS AN AUTOMATICALLY GENERATED EMAIL Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 15 Update I Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.