Item O3
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, May 17,
2000, at 3:00 PM at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe
County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County ordinance:
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 AMENI;> 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 SOLID 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
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to
appeal any decision made by the Board with respect to any matter considered at such
hearings or meetings, he will need a record of the proceedings, and that, for such purpose,
he may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for review at the various public
libraries in Monroe County, Florida.
Dated at Key West, Florida, this 24th day of April, 2000
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Requested publication dates
Reporter
Citizen
Keynoter
4/27-5/4/00
4/28-5/5/00
4/29-5/6/00
I'O~
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 UCENSE;
PROVIDING FOR STANDARDS AND CRITERIA FOR SUCH LICENSE;
AMENDING SECnON8-8S, MONROE COUNTY CODE, IN ORDER TO
PROVIDE THAT THE APPUCANT FOR A BUILDING PERMIT MUST UST 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 SEVERABIUTY;
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
'.\'~$tc, extraordinary waste, hazardous waste, biohazardous wastes and
sludge, as defined below:
a. COflstrJCtitJfI Vh1stc shall mean ROflhazardous mat-crials liJcflcrall)' cOflsidcr-cd
not to bc water solublc, or a combinatioA of such matcrials, which cOAsist of the
remnants or debris from the construction, reconstruction, remodeling or demolition
(If any structur-c, and shall include, but not be limited to, metal, metal--f)roducts,
cOAcrctc, liJlass, rock, foofiAg materials, asphalt, wood, tar, brick, ccmcnt, liJ'(psum
boartl, wood framing, plumbing fixtures, clectrical s....'itches and 'h'iring.
a. Construction and demolition debris means discarded materials
aenerally considered to be not water soluble and nonhazardous in nature.
includina. but not limited to. steel, alass, brick, concrete. asohalt. roofina
material. pioe, ayosum wallboard. and lumber. from the construction or
destruction of a structure as Dart of a construction or demolition project or
from the renovation of a structure. and includina rocks. soils. tree remains,
trees. and other veaetative matter that normally results from land clearina
or land develooment ooerations for a construction oroiect. includina such
debris from construction of structures at a site remote from the construction
or demolition proiect site, Mixina of construction and demolition debris with
other tyoes of solid waste will cause it to be classified as other than
construction and demolition debris, The term also includes:
cn 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 oroiects. provided such amounts
are consistent with best manaaement oractices of the industry.
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 reau'i'rements 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 apolY to the County for a nonrefundable
soecial solid waste license. subcateaorv construction and demolition debris
(hereafter license in this subsection 8-82(e)). The aoolication 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 quarter. The oayment
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 transport construction and
demolition debris from a construction site from 7 AM until 7 PM Monday
throuah Saturday.
5) All eauipment used by the collector in the collection and
transportation of construction and demolition debris must be clearly
identified with the name of the collector. his teleohone 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 disposed 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 provision 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
necessary to suooort his oosition. althouah the Administrator is not bound
to consider. and may reject. 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 injunctive 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
clearing; 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 specialty 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 specialty hauler sh=:lll not be required to collect =:Ind dispose
of construction w=:Iste, but m=:lY offer such services =:It =:In =:Iddition=:ll ch=:lrge
within =:In'{ service =:Ire=:l. The billing =:Ind collection of such f-ce sh=:lll be the
sole responsibility of the specialty hauler. All such collection =:Ind disposul
shall be the rcsponsibility of the =:Ipplic=:lnt for the building permit. All
construction w=:Iste collected shull be disposed of =:It the solid w=:Iste dispos=:ll
f=:lcilit)' .
Section 4. Subsection 8-86(a), MCC, is amended to read as follows:
(a) With the exceotion of construction and demolition debris. no
He person shall place, de~sit 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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
jdordhauldebris
4
K'::YS (305) 294-1238
FAX (305) 294-2164
MIAMI (305) 661-4928
FAX(305)66~658
E-MAIL: SandraWallerS@aol.com
MEMORANDUM
May 16, 2000
TO: Tun Hendrick, Monroe County Attorney
Jim Roberts, Monroe County Administrator
Monroe County Board of County Commissioners
FROM: Sandra Walters
Agent for Ray Gonzalez, president of Key West Transfer Station, Inc.
SUBJECT: Changes to proposed ordinance amending Chapter 8, Monroe County Code regarding
specialty haulers of solid waste (ROCC agenda item 0.3, May 17, 2000)
I attended the April Board of County Commissioners (ROCC) hearing in Key West to address concerns
my client had regarding the above-referenced ordinance. Prior to the agenda item being heard by the
Commission, I spoke with Mr. Roberts, Hendrick and Lake, and they assured me that we would meet and
our concerns would be addressed prior to the May public hearing on the ordinance. Therefore, I with-
drew our objection to the ordinance being advertised for first hearing, and did not address the BOCC.
My client and I met with Mr. Clark Lake on May 1,2000, at which time we discussed our issues of
concern regarding the ordinance. He noted he was in agreement with our proposed changes and would
have Mr, Rob Wolfe in the County Attorney's office incorporate them for the BOCC's consideration at the
May public hearing. I learned yesterday that these changes have not been incorporated into any written
form but that Mr. Lake intends to address the BOCC verbally at the meeting regarding them.
To facilitate this process, I have prepared this memorandum outlining our proposed changes to the ordi-
nance that we discussed with Mr, Lake on May 1. They are as follows:
· Mr. Lake clarified for us at our meeting that it was not the staff's intent to apply this ordinance to solid
waste transfer stations that only receive waste from others, but that this ordinance is applied to those
who collect the debris directly. There is nothing in the proposed ordinance that specifically states this,
and we request that language be added that makes it entirely clear that this ordinance does not apply
to transfer stations and waste being hauled from transfer stations. We understand that any waste
collected at the site of the customer by a transfer station, rather than simply being received at the
transfer station, would be subject to this ordinance.
· It is important that it be specified in the ordinance that it applies only to waste picked up in unincorpo-
rated Monroe County.
· At an earlier meeting of the waste haulers and Mr, Lake, it was the concensus that the ordinance
should be written in such a way that a window of opportunity was created for applying for a specialty
hauler license, and once all applications were received by a particular deadline and all permits issued,
no other specialty hauler licenses would issued. Following that process, County approval would be
necessary for transfer of an existing permit to a new entity. This is not at all addressed in the ordinance
as presently drafted, and we request that it be included.
MAIN OFFICE: 600 WHITE STREET, SUITE 5, KEy WEST, FL 33040
4635 SW 10TH STREET. MIAMI. FL 33134
I A , Sandra
Iflfalters
CONSUL TANTS1 INe.
f-.1fJ S_dnI IC4fI BIII'rett', /llL1I.
MONROE COUNTY OFRCIALS
MAY 16, 2000
PAGE 2
· The ordinance contains no enforcement mechanism, and we recommend a fine system be incorpo-
rated directly into the ordinance, to avoid any issues of interpretation in the future.
· Mr. Lake told us that he intended to add a cross reference to the section of County Code that regulates
demolition permits, to put the individual who is receiving the hauling service on notice that only haulers
with permits required by this ordinance are operating legally in Monroe County, We recommend this
be added,
· We discussed with Mr. Lake that it would be wise to provide for a registration process and fee for
each specialty hauler vehicle and for each container (by size), with a sticker of some kind applied to
each vehicle and container. This would assist the County in enforcing the ordinance, as it would
provide a cross reference with the records provided by the hauler as to how much waste is being
collected and hauled.
We appreciate your incorporation of these changes into the proposed ordinance, as they will help clarifY
issues of interpretation in the future, and assist in implementation and enforcement.
cc: Clark Lake
Ray Gonzalez