Item M14BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2012 Division: BOCC
Bulk Item: Yes _No x Department: George R. Neugent
Staff Contact Person/Phone #: T. Colonna 4512
AGENDA ITEM WORDING:
Approval by the Board of County Commissioners to instruct solid waste providers to devise, as soon as
possible ( no later than Sept 30, 2012), a 3 year plan to eliminate the out- hauling of yard waste.
ITEM BACKGROUND:
In November 2011 the Commission agreed, by unanimous vote, to establish sustainability practices on
reducing demand of resources to sustainable levels. This is a proposed first step to the commission to
achieve State of Florida requirements on recycling under local government solid waste responsibilities
HB7243, amending FS403.706
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management _
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
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309 available markets for the materials that are processed. Any
310 materials recovery facility seeking certification shall file an
311 application to modify its permit, or shall include a
312 certification application as part of its original permit
313 application, which application shall not require an additional
314 fee. The department shall adopt a form for certification
315 applications, and shall require at least annual reports to
316 verify the continued qualification for certification. In order
317 to assist in the development of the certification program, the
318 department shall appoint a technical advisory committee.
319 Section 7. Subsections (2), (4), (6), (7), and (21) of
320 section 403.706, Florida Statutes, are amended to read:
321 403.706 Local government solid waste responsibilities.-
322 (2)(a) Each county shall implement a recyclable materials i
323 recycling program that shall have a goal of recycling recyclable
324 solid waste by 40 percent by December 31, 2012, 50 percent by
325 December 31, 2014, 60 percent by December 31, 2016, 70 percent
326 by December 31, 2018, and 75 percent by December 31, 2020.
327 Counties and municipalities are encouraged to form cooperative
328 arrangements for implementing recycling programs.
329 (b) In order to assist counties in attaining the goals set
330 forth in paragraph (a), the Legislature finds that the recycling
331 of construction and demolition debris fulfills an important
332 state interest. Therefore, each county must implement a program
333 for recycling construction and demolition debris.
334 (c) In accordance with applicable local government
335 ordinances, newly developed property receiving a certificate of
336 occupancy, or its equivalent, on or after July 1, 2012, that is
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337 used for multifamily residential or commercial purposes, must
338 provide adequate space and an adequate receptacle for recycling
339 by tenants and owners of the property. This provision is limited
340 to counties and municipalities that have an established
341 residential, including multifamily, or commercial recycling
342 program that provides recycling receptacles to residences and
343 businesses and regular pick-up services for those receptacles
344 (d) If, by January 1 of 2013, 2015, 2017, 2019, or 2021,
345 the county, as determined by the department in accordance with
346 applicable rules, has not reached the recycling oals as set
347 forth in paragraph (a), the department may direct the county to
348 develop a plan to expand recycling programs to existing
349 commercial and multifamily dwellings, including, but not limited
350 to, apartment complexes.
351 (e) If the state's recycling rate for the 2013 calendar
352 year is below 40 percent, below 50 percent by January 1, 2015,
353 below 60 percent by January 1, 2017, below 70 percent by January
354 1, 2019, or below 75 percent by January 1, 2021, the department
355 shall provide a report to the President of the Senate and the
356 Speaker of the House of Representatives. The report shall
357 identify those additional programs or statutory changes needed
358 to achieve the goals set forth in paragraph (a). The report
359 shall be provided no later than 30 days prior to the beginning
360 of the Regular Session of the Legislature. The department is not
361 required to provide a report to the Legislature if the state
362 reaches its recycling goals as described in this paragraph.
363 (f)+Ia} Such programs shall be designed to recover a
364 significant portion of at least four of the following materials
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365 from the solid waste stream prior to final disposal at a solid
366 waste disposal facility and to offer these materials for
367 recycling: newspaper, aluminum cans, steel cans, glass, plastic
368 bottles, cardboard, office paper, and yard trash. Local
369 governments which operate permitted waste -to -energy facilities
370 may retrieve ferrous and nonferrous metal as a byproduct of
371 combustion.
372 Q r4eV Local governments are encouraged to separate all
373 plastics, metal, and all grades of paper for recycling prior to
374 final disposal and are further encouraged to recycle yard trash
375 and other mechanically treated solid waste into compost
376 available for agricultural and other acceptable uses.
377 (h) The department shall adopt rules establishing the
378 method and criteria to be used by a county in calculating the
379 recycling rates pursuant to this subsection.
380 ,
381 implement a plan te- eehiego=e--a gee! -te-eampest erganie Eft
382 that weu-ld--aerw-=.se b. dispesed--ef-rn-a-landfill. h
383 shall prevVe that sp te A pereent and Re less than 5 p
384
385 maize-ipal-ities- within -its--beandaVes. Thedepartment_.. •l -c'�==
"'
386 e r *edify the eempes t gee! if the _. e w^ t y �' -� e es t r a �- e_ '- .�
387 department that ate-ievement A the gee! weeld-be _mp V eti a,
388 given the eeanty's
389
390 se l i d- waste stream- h e- e empesng plan is eneessaged he address
391 .
392 (i)4n* Each county is encouraged to consider plans for
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393 composting or mulching organic materials that would otherwise be
394 disposed of in a landfill. The composting or mulching plans are
395 encouraged to address partnership with the private sector.
396 (4)(a) In order to promote the production of renewable
397 energy from solid waste, each megawatt -hour produced by a
398 renewable energy facility using solid waste as a fuel shall
399 count as 1 ton of recycled material and shall be applied toward
400 meeting the recycling goals set forth in this section. If a
401 county creating renewable energy from solid waste implements and
402 maintains a program to recycle at least 50 percent of municipal
403 solid waste by a means other than creating renewable energy,
404 that county shall count 2 tons of recycled material for each
405 megawatt -hour produced. If waste originates from a county other
406 than the county in which the renewable energy facility resides,
407 the originating county shall receive such recycling credit. Any
408 county that has a debt service payment related to its waste-to-
409 energy facility shall receive 1 ton of recycled materials credit
410 for each ton of solid waste processed at the facility. Any
411 byproduct resulting from the creation of renewable energy does
412 not count as waste. A eeidntyls
413 rreeyellnEj pr-eEjiFaFn9 shall be designed-tep=eviaeeE suffi-e l ent-
414 r-eeiuetlen of the-affieunt-ef selld wasteEjeneLcated with4mn withthe
415 eeidnty anel t7^ ' e i p a-litles within its laea-nd a Lc i es ±n -o is ei e r t e
416
417 the final e , spesaler the—;teeif}eratren of sueh waste- t a solid
418 waste-dam,esal: faei 1 i 4 T1 The geashall rievide, at
,
419
420 ofwithin the -end the m r' ==ra1=}ies within its
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421 beundafles is--icee least 30 ----n}
422 (b) A county may receive credit for one-half of the
423 recycling goal set forth in subsection (2) fer waste r-edidetien
424 from the use of yard trash, or other clean wood waste or paper
425 waste, in innovative programs including, but not limited to,
426 programs that produce alternative clean -burning fuels such as
427 ethanol or that provide for the conversion of yard trash or
428 other clean wood waste or paper waste to clean -burning fuel for
429 the production of energy for use at facilities other than a
430 waste -to -energy facility as defined in s. 403.7061. The
431 provisions of this paragraph apply only if a county can
432 demonstrate that:
433 1. The county has implemented a yard trash mulching or
434 composting program, and
435 2. As part of the program, compost and mulch made from
436 yard trash is available to the general public and in use at
437 county -owned or maintained and municipally owned or maintained
438 facilities in the county and state agencies operating in the
439 county as required by this section.
440 (c) A county with a population of 100,000 or less may
441 provide its residents with the opportunity to recycle in lieu of
442 achieving the goal set forth in this section . For
443 the purposes of this section sidk...eet the "opportunity to
444 recycle" means that the county:
445 l.a. Provides a system for separating and collecting
446 recyclable materials prior to disposal that is located at a
447 solid waste management facility or solid waste disposal area; or
448 b. Provides a system of places within the county for
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449 collection of source -separated recyclable materials.
450 2. Provides a public education and promotion program that
451 is conducted to inform its residents of the opportunity to
452 recycle, encourages source separation of recyclable materials,
453 and promotes the benefits of reducing, reusing, recycling, and
454 composting materials.
455 (6) The department may reduce or modify the municipal
456 solid waste recycling Eeel e*=i goal that a county is required
457 to achieve pursuant to subsection (2) 4-4} if the county
458 demonstrates to the department that:
459 (a) The achievement of the goal set forth in subsection
460 (2) -(4+ would have an adverse effect on the financial
461 obligations of a county that are directly related to a waste-to-
462 energy facility owned or operated by or on behalf of the county;
463 and
464 (b) The county cannot remove normally combustible
465 materials from solid waste that is to be processed at a waste-
466 to -energy facility because of the need to maintain a sufficient
467 amount of solid waste to ensure the financial viability of the
468 facility.
469
470 The goal shall not be waived entirely and may only be
471 reduced or modified to the extent necessary to alleviate the
472 adverse effects of achieving the goal on the financial viability
473 of a county's waste -to -energy facility. Nothing in this
474 subsection shall exempt a county from developing and
475 implementing a recycling program pursuant to this act.
476 (7) In order to assess the progress in meeting the goal
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