Item P06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
April 19, 2000
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending sections of Chap 8, MCC, in order to
amend the definition of construction waste; provide for fees, charges and criteria for a
new speCialty waste hauler category for construction and demolition debris removal;
provide that a licensed collector of construction/demolition debris must be contracted by
the applicant for a building permit.
ITEM BACKGROUND:
The draft ordinance removes the existing restrictions on businesses other than the
franchisees from collecting construction and demolition debris in unincorporated Monroe
County and removes the requirement that construction and demolition debris must be
taken to the County Waste Management transfer stations.
PREVIOUS RELEVANT BOCC ACTION:
Approved existing ordinance and the solid waste franchises.
STAFF RECOMMENDATION:
Approval to advertise for public hearing on May 17, 2000 in Key Largo.
TOTAL COST:
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney X OMB/Purchasing Risk Management
DIVISION DIRECTOR<:9~~ _ "
DOCUMENTATION: Included ~ To Follow Not required
AGENDA ITEM #
l~
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 SOUD 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, extraordinary waste, hazardous waste, biohazardous wastes and
sludge, as defined below:
a. CBnstructiBIl Vlaste shall mean nonhazardous materials gener-ally considered
not to be water soluble, or a combination of such materials, which consist of the
remnants or debris from the construction, reconstruction, remodeling or demolition
of an', structure, and shall include, but not be limited to, metal, metal products,
concrete, glass, rock, roofing materials, asphalt, "'load, tar, brick, cement, gypsum
boar<:l, wood frilming, plumbing fixtur€s, electrical switches and ',"{iring.
a. Construction and demolition debris means discarded materials
aenerally considered to be not water soluble and nonhazardous in nature.
including. but not limited to. steel. glass. brick. concrete. asohalt. roofina
materialr oipe, ayosum wallboard. and lumberr ""from the construction or
destruction of a structure as Dart of a construction or demolition oroiect or
from the renovation of a structure. and includina rocks. soils. tree remains,
trees. and other veaetative matter that normally results from land c1earina
or land develooment oDe rations for a construction orolect. includina such
debris from construction of structures at a site remote from the construction
or demolition orolect site. Mixina of construction and demolition debris with
other tvoes 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 proiect;
(in De minimis amounts of other nonhazardous wastes that are
generated at construction or destruction proiects. orovided such amounts
are consistent with best manaaement practices of the industrv.
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
soecial solid waste license. subcateaorv construction and demolition debris
(hereafter license in this subsection 8-82(e)). The application fee is $250.
The initial license fee and each annual renewal is $1.000.
2) The collector must oay a 10% surcharae on the collector's
aross receiots received for construction and demolition debriS removal;
except, 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 payment
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
through Saturday.
5) All eauioment used by the collector in the collection and
trans ortation of construction and demolition debris must be clearl
identified with the name of the collector. his t'leohone 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.
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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 obtainina a franchise or license
therefor. Construction and demolition debris may not be comminaled with
residential or commercial solid waste or other (non-construction or
demolition) soecial solid waste reaardless 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
susoendina or revokina the license the Administrator must afford the
collector an oooortunity to offer such evidence as the collector deems
necessarv to suooort his oosition. althouah 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 writina 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. includina but not limited to:
orosecution as a second dearee 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
clearina: the applicant shall provide for the collection and disposal of any
construction. demolition of a structure or land clearina 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 speci~ty 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.
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(c) A speci~lty hauler sh~1I not be required to collect and dispose
of construction w~ste, but m~'( offer such services ~t ~n ~ddition~1 ch~rge
....'ithin ~n'{ service ~reJ. The billing and collection of such fee shJII be the
sole responsibility of the speciJlt'l h~uler. All such collection ~nd dispos~1
shJII be the responsibility of the JpplicJnt for the building permit. All
construction w~ste collected sh~II be disposcd of ~t the solid .....~ste dispos~1
fJcility .
Section 4. 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, 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 5. 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
BOA~D OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
jdordhauldebris
Mayor/Chairperson
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