Item N4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2012 - Marathon
Bulk Item: Yes X No
Division: County Attorney
Department:_ County Attorney
Staff Contact Person: Christine Limbert-Barrows
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance amending Section 21-72 to amend definitions
relating to specialty haulers, amending 21-46 to revise requirements and regulations relating to
specialty haulers and creating Sec. 21-77 to provide penalties for violations of the ordinance.
ITEM BACKGROUND:
The Monroe County Code should be revised to define in more detail the definitions relating to specialty
haulers and to accurately reflect the requirements and regulations relating to specialty hauler and to
provide penalties for violations of the requirements and regulations.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to advertise.
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A 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 #
ORDINANCE -2012
AN ORDINANCE OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AMENDING SECTION 21-72 AND SECTION 21-46
AND CREATING SECTION 21-77 OF THE
MONROE COUNTY CODE; PROVIDING FOR
AMENDED AND NEW DEFINITIONS RELATING
TO SPECIALTY HAULERS; PROVIDING FOR
NEW AND AMENDED REGULATIONS
RELATING TO SPECIALTY HAULERS;
PROVIDING FOR PENALTIES FOR
VIOLATIONS; 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 definitions in Section 21-46 of the Monroe County Code should
be revised to describe in more detail the scope and types of collection allowed by the
Monroe County Solid Waste Department; and
WHEREAS, the Monroe County Code ("Code") should also be revised to
accurately reflect current license requirements and regulations of specialty haulers as
required by the Monroe County Solid Waste Department; and
WHEREAS, in order to ensure compliance with the requirements and regulations
as set forth in the Code and to allow for enforcement, the Code should be amended to
provide penalties for violations;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 21-46 Definitions Business shall be created to read as follows:
Business means any commercial or public entity, including but not limited to a firm,
partnership, corporation, or association that is organized as a for -profit entity, strip mall
(e.g. property complex containing two or more commercial entities), industrial facilities,
school, school district, community colleges, medical facilities, supermarkets, bars,
restaurants, financial institutions (banks), regional agency or facility. Local jurisdiction
can establish other specific exemptions.
SECTION 2: Section 21-46 Definitions Commercial Recycling shall be created to read
as follows:
Commercial Recycling means materials generated directly by businesses, as defined in
this section.
SECTION 3: Sec. 21-46 Definitions Commercial Recyclable materials shall be created
to read as follows:
Commercial recyclable materials means any material from commercial property which is
capable of being recycled and which, if not recycled, would be processed and disposed of
as solid waste. The term "recyclable material" shall include green glass, brown glass, and
clear glass; aluminum and steel cans and scrap metal; plastic containers, mixed paper,
newspaper, corrugated cardboard, office paper, and phonebooks. Any recyclable material
mixed with solid waste shall be considered solid waste. Recyclable materials shall only
be collected from commercial property.
SECTION 4: Sec. 21-46 Definitions Endorsement shall be created to read as follows:
Endorsement means an amendment or addition to the Specialty Hauler's license that will
allow collector/specialty hauler to pick up additional materials.
SECTION 5: Sec. 21-46 Definitions Secondary Metals Recycler shall be created to read
as follows:
Secondary Metals Recycler means any person who:
(1) From a fixed location is conducting the business of gathering or obtaining ferrous
or nonferrous metals that have served their original economic purpose or is in the
business of performing the manufacturing process by which ferrous metals or nonferrous
metals are converted into raw material products consisting of prepared grades and having
an existing or potential economic value; or
(2) Has facilities for performing the manufacturing process by which ferrous metals
or nonferrous metals are converted into raw material products consisting of prepared
grades and having an existing or potential economic value, other than by the exclusive
use of hand tools, by methods including, without limitation, processing, sorting, cutting,
classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical
form or chemical content thereof.
SECTION 6: Sec. 21-46(2) Special solid waste shall be amended to read as follows:
Special solid waste means construction and demolition debris, biohazardous wastes, E-
waste, extraordinary waste, hazardous waste, metal, sludge and white goods as defined as
follows:
a. Construction and demolition debris C & D means discarded materials resulting
from structural and functional materials comprising the structure and surrounding
site improvements from the alteration, construction, destruction, rehabilitation, or
repair of any manmade physical structure including houses, buildings, industrial
or commercial facilities, and roadways generally considered to be not water
soluble and nonhazardous in nature, including but not limited to steel, glass,
brick, concreteand other masonry materials, stone, glass, asphalt and asphaltic
substances, roofing material, plumbing fixtures, including toilets, sinks, water
heaters and pipe, gypsum wallboard, wall coverings, drywall and incidental paper,
insulation and framing and finishing lumber, electrical wiring and components
containing no hazardous fluids or refrigerants from the construction or destruction
of a structure as part of a construction or demolition project or from the
2
renovation of a structure, and including rocks, soils, tree remains, trees, and other
vegetative matter that normally results from land clearing or land development
operations for a construction project, including such debris from construction of
structures at a site remote from the construction or demolition project site.
Mixing of construction and demolition debris with other types of solid waste will
cause it to be classified as other than construction and demolition debris. The term
also includes:
1. Clean cardboard paper, plastic, wood, wood chips, heating equipment,
including furnaces and duct work, carpeting and metal scraps and screen
materials from a construction project; weathered railroad ties and
weathered utility poles; and
2. De minimis amounts of other nonhazardous wastes that are generated at
construction or destruction projects, provided such amounts are consistent
with best management practices of the industry.
3. C&D does not include materials whose removal has been required prior to
demolition. Example: asbestos and PCB containing materials. C&D does
not include materials identified or listed as solid wastes, electronic waste,
infectious wastes, or hazardous waste, nor does it include materials
resulting from mining operations. Containerized or bulk liquids, fuel
tanks, drums and other closed or filled containers, tires, and batteries are
also not considered C&D. Appliances are not considered C & D unless
they were attached to the structure before the demolition.
b. Biohazardous wastes means any solid waste or liquid waste that may present a
threat of infection to humans. The term includes, but is not limited to, non -liquid
human tissue and body parts; laboratory and veterinary waste that contains human
disease -causing agents; discarded disposable sharps, human blood, human blood
products and body fluids. The term does not include human remains that are
disposed of by persons licensed under F.S. ch. 497. The following are also
included:
1. Used, absorbent materials such as bandages, gauzes or sponges that are
supersaturated, having the potential to drip or splash blood or body fluids,
from areas such as operating rooms, delivery rooms, trauma centers,
emergency rooms or autopsy rooms;
2. Devices that retain visible blood adhering to inner surfaces after use and
rinsing such as intravenous tubing, hemodialysis filters and catheters;
3. Other contaminated solid waste materials that represent a significant risk
of infection that are generated in medical facilities that care for persons
suffering from those rare or unusual diseases requiring strict isolation
criteria and listed by the U.S. Department of Health and Human Services,
Centers for Disease Control, "CDC Guidelines for Isolation Precautions in
Hospitals," July/August, 1983; and
K
4. Other materials that in the opinion of the state department of health
represent a significant risk of infection to persons outside the generating
facility.
C. E-Waste is an informal name for electronic products/equipment nearing the end of
their "useful life." Computers, televisions, VCRs, stereos, copiers, and fax
machines are common electronic products. Many of these products can be reused,
refurbished, or recycled. Certain components of some electronic products contain
materials that render them hazardous, depending on their condition and density.
For instance, nonfimctioning CRTs (cathode ray tubes) from televisions and
monitor are classified as hazardous.
d. Extraordinary waste includes items that require extraordinary management due to
their extreme bulk or weight and shall include, but not be limited to, abandoned
automobiles, automobile parts, tires, boats, and matter or debris resulting from
tree removal, land clearing, land development or such other like material not
defined herein as horticultural trash.
e. Hazardous waste means solid waste, or a combination of solid wastes, that,
because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible or incapacitating reversible illness or may
pose a substantial present or potential hazard to human health or the environment
when improperly transported, disposed of, stored, treated, or otherwise managed.
The term does not include human remains that are disposed of by persons licensed
under F.S. ch. 497.
f. Metal means both ferrous metals and nonferrous metals, as defined as follows:
1. "Ferrous metals" means any metals containing significant quantities of
iron or steel.
2. "Nonferrous metals" means metals not containing significant quantities of
iron or steel, including, without limitation, copper, brass, aluminum,
bronze, lead, zinc, nickel, and alloys.
g. Sludge means any solid or semisolid or liquid generated from any water or
wastewater treatment plant, air pollution control facility, septic tank, grease trap,
portable toilet and related operations, or any such waste having similar
characteristics or effect.
h. White goods means Large electrical home appliances, refrigerators, washing
machines, washers, dryers, freezers, stoves, ovens, dishwashers, trash compactor,
metal dehumidifiers, water heaters, heaters, air conditioners, furnaces and other
large metal appliances.
SECTION 7: Sec. 21-46 Definitions Specialty hauler shall be amended to read as
follows:
Specialty hauler means those persons who are licensed under the provisions of section
21-72 and who provide for the collections of special solid waste, including but not
10
limited to construction and demolition debris, biohazardous wastes, extraordinary waste,
hazardous waste, and recyclable material.
SECTION 8: Section 21-72(c) shall be amended to read as follows:
The term of the license shall be from October 1 to September 30 each year. A multiple
year license may be purchased. Prior to the expiration of the license, the collector or
specialty hauler may renew the license by filing an affidavit with the county
administrator 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 collector providing collection services or 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.
SECTION 9: Section 21-72(d)(4) shall be created to read as follows:
(4) All equipment used by specialty haulers in the collection and transportation of
waste must be clearly identified with the name of the collector, his/her telephone
number and license number.
SECTION 10: Section 21-72(e)(1) shall be amended to read as follows:
(1) The collector must apply to the county for a nonrefundable special solid waste
license, subcategory construction and demolition debris (hereafter license in this
subsection). The application fee is $250.00. The initial license fee is $1,500.00
and each annual renewal fee is $1,000.00. The fee for an additional collection
endorsement on the license is $750.00 and will allow for collection of additional
materials. The County may pro rate the fee for the initial licenses only.
SECTION 11: Section 21-72(e)(3) shall be amended to read as follows:
(3) In order to ensure compliance with subsection (e)(2) of this section, the
collector's financial records must be provided upon request to representatives of
the county during regular business hours (Monday through Friday, 9:00 a.m. to
5:00 p.m., holidays excepted).
SECTION 12: Section 21-72(e)(5) shall be amended to read as follows:
(5) All equipment 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 telephone number and his license number, The collector must
purchase from the county a county decal/sticker for each vehicle used in the
collection of construction and demolition debris. Each decal/sticker costs $250.00
and 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 so long as the vehicle is used in collecting
construction and demolition debris in the county. In addition to displaying the
decal/sticker, the collector shall also keep a copy of the license in the vehicle
and shall present a copy upon request.
5
SECTION 13: Section 21-72(e)(8) shall be amended to read as follows:
(8) A collector exiting the county with equipment loaded with construction and
demolition debris shall keep record of the following information and shall provide
the following information to the County upon request:
a. The company name, address, and telephone number;
b. The driver's name;
C. The specialty hauler's license number;
d. The vehicle number;
e. The container number and size;
f. The building permit number (if applicable);
g. The service address/location;
h. The disposal site (including DEP permit number);
i. The service ticket number; and
j. The cost of service.
SECTION 14. Section 21-72(g)(1) shall be amended to read as follows:
(1) The collector must apply to the county for a nonrefundable special solid waste
license, subcategory sludge (hereafter license in this subsection (g)). The
application fee is $250.00. The initial license fee is $1,500.00 and each annual
renewal fee is $1,000.00. The fee for an additional collection endorsement on the
license is $750.00 and will allow for collection of additional materials. The
County may pro rate the fee for the initial licenses only.
SECTION 15: Section 21-72(g)(4) shall be amended to read as follows:
(4) All equipment used by the collector in the collection and transportation of sludge
must be clearly identified with the name of the collector, collector's telephone
number and collector's license number. The collector must purchase from the
county a county decal/sticker for each vehicle used in the collection of
construction and demolition debris. Each decal/sticker costs $250.00 and 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 so long as the vehicle is used in collecting sludge in the county. In
addition to displaying the decal/sticker, the collector shall also keep a copy
of the license in the vehicle and shall present a copy upon request.
Z
SECTION 16: Section 21-72(g)(7) shall be amended to read as follows:
(7) A collection exiting the county with equipment loaded with sludge shall keep
record of the following information and shall provide the following information to
the County upon request:
a. The company name, address, and telephone number;
b. The driver's name;
C. The specialty hauler's license number;
d. The vehicle number;
e. The container number and size;
f. The building permit number (if applicable);
g. The service address/location;
h. The disposal site (including DEP permit number);
i. The service ticket number; and
j. The cost of service.
SECTION 17: Section 21-72(g)(8) shall be amended to read as follows:
(8) A collector disposing of sludge within the county at a site other than a county -
owned transfer station shall, on a monthly basis, deliver service tickets containing
the information required in subsection (e)(7) of this section, to the office of solid
waste management.
SECTION 18: Section 21-77 of Chapter 21 is hereby created to read as follows:
Sec. 21-77 Penalties.
Violation of this Section shall be prosecuted in the same manner as misdemeanors are
prosecuted. Such violations shall be prosecuted in the name of the state in a court having
jurisdiction of misdemeanors by the prosecuting attorney thereof, and upon conviction
shall be punished by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment in the county jail not to exceed sixty (60) days or by both such fine and
imprisonment.
SECTION 19: 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.
h
SECTION 20: 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 21: 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 22: 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 th day of , 2012.
Mayor David Rice
Mayor Pro Tern Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
LM
Deputy Clerk
E3
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
:A
Mayor/Chairperson
MONROE COUNTY ATTORNEY
PPROVED AS TO FORM:
CHRISTINE M. IIMBERT-BARB WS
ASSISTANT COUNTY TY ATTORNEY
Date l �t
ORDINANCE -2012
AN ORDINANCE OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AMENDING SECTION 21-72 AND SECTION 21-46
AND CREATING SECTION 21-77 OF THE
MONROE COUNTY CODE; PROVIDING FOR
AMENDED AND NEW DEFINITIONS RELATING
TO SPECIALTY HAULERS; PROVIDING FOR
NEW AND AMENDED REGULATIONS
RELATING TO SPECIALTY HAULERS;
PROVIDING FOR PENALTIES FOR
VIOLATIONS; 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 definitions in Section 21-46 of the Monroe County Code should
be revised to describe in more detail the scope and types of collection allowed by the
Monroe County Solid Waste Department; and
WHEREAS, the Monroe County Code ("Code") should also be revised to
accurately reflect current license requirements and regulations of specialty haulers as
required by the Monroe County Solid Waste Department; and
WHEREAS, in order to ensure compliance with the requirements and regulations
as set forth in the Code and to allow for enforcement, the Code should be amended to
provide penalties for violations;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 21-46 Definitions Business shall be created to read as follows:
Business means any commercial or public entity including but not limited to a firm
partnerslup, corporation or association that is organized as a for profit entity, strip mall
e.g. property complex containing two or more commercial entities) industrial facilities,
school, school district community colleges medical facilities supermarkets bars
restaurants, financial institutions (banks) re 'onal agency or facility Local jurisdiction
can establish other specific exemptions
SECTION 2: Section 21-46 Definitions Commercial Recycling shall be created to read
as follows:
Commercial Recycling means materials generated directly by businesses as defined in
this section.
SECTION 3: Sec. 21-46 Definitions Commercial Recyclable materials shall be created
to read as follows:
Commercial recyclable materials means any material from commercial property which is
capable of being recycled and which, if not recycled would be processed and disposed of
as solid waste. The term "recyclable material" shall include green glass brown glass, and
clear glass; aluminum and steel cans and scrap metal; plastic containers mixed paper,
newsipgper, corrugated cardboard office vqper, and Phonebooks. AU recyclable material
mixed with solid waste shall be considered solid waste. Recyclable materials shall only
be collected from commercial property.
SECTION 4: Sec. 21-46 Definitions Endorsement shall be created to read as follows:
Endorsement means an amendment or addition to the Specialty Hauler's license that will
allow collector/specialty hauler to pick 0 additional materials
SECTION 5: Sec. 21-46 Definitions Secondary Metals Recycler shall be created to read
as follows:
Secondary Metals Recycler means any person who:
(1) From a fixed location is conducting the business of gathering or obtaining ferrous
or nonferrous metals that have served their original economic purpose or is in the
business of performing the manufacturing_ process by which ferrous metals or nonferrous
metals are converted into raw material products consisting of prepared grades and having
an existing or potential economic value; or
(2) Has facilities for performing the manufacturing process by which ferrous metals
or nonferrous metals are converted into raw material products consisting of prepared
grades and having an existing or potential economic value other than by the exclusive
use of hand tools, by methods including, without limitation processing,sortin cutting_
classifying, cleaning, baling wrapping shredding shearing or changing the physical
form or chemical content thereof.
SECTION 6: Sec. 21-46(2) Special solid waste shall be amended to read as follows:
Special solid waste means construction and demolition debris, biohazardous wastes, E-
waste, extraordinary waste, hazardous waste, metal, and sludge and white goods; as
defined as follows:
a. Construction and demolition debris C & D means discarded materials resulting
from structural and functional materials comprising the structure and surrounding
site improvements from the alteration construction destruction rehabilitation or
repair of any manmade physical structure including houses buildings industrial
or commercial facilities, and roadways generally considered to be not water
soluble and nonhazardous in nature, including but not limited to steel, glass, brick,
concrete, and other masonry materials, stone glass, asphalt and asphaltic
substances, roofing material, plumbing fixtures, including toilets sinks water
heaters and pipe, gypsum wallboard, wall coverings, drywall and incidental paper,
insulation and framing and finishing lumber, electrical wiring and components
containing no hazardous fluids or refrigerants from the construction or destruction
of a structure as part of a construction or demolition project or from the
renovation of a structure, and including rocks, soils, tree remains, trees, and other
vegetative matter that normally results from land clearing or land development
operations for a construction project, including such debris from construction of
structures at a site remote from the construction or demolition project site.
Mixing of construction and demolition debris with other types of solid waste will
cause it to be classified as other than construction and demolition debris. The term
also includes:
1. Clean cardboard paper, plastic, wood, wood chips, heating equipment,
including furnaces and duct work, carpeting and metal scraps and screen
materials from a construction project; weathered railroad ties and
weathered utility poles; and
2. De minimis amounts of other nonhazardous wastes that are generated at
construction or destruction projects, provided such amounts are consistent
with best management practices of the industry.
3. C&D does not include materials whose removal has been required prior to
demolition. Example: asbestos and PCB containing materials. C&D does
not include materials identified or listed as solid wastes electronic waste
infectious wastes, or hazardous waste, nor does it include materials
resulting from mining operations. Containerized or bulk liquids fuel
tanks, drums and other closed or filled containers tires and batteries are
also not considered C&D. Appliances are not considered C & D unless
they were attached to the structure before the demolition.
b. Boohazardous wastes means any solid waste or liquid waste that may present a
threat of infection to humans. The term includes, but is not limited to, non -liquid
human tissue and body parts; laboratory and veterinary waste that contains human
disease -causing agents; discarded disposable sharps, human blood, human blood
products and body fluids. The term does not include human remains that are
disposed of by persons licensed under F.S. ch. 497. The following are also
included:
1. Used, absorbent materials such as bandages, gauzes or sponges that are
supersaturated, having the potential to drip or splash blood or body fluids,
from areas such as operating rooms, delivery rooms, trauma centers,
emergency rooms or autopsy rooms;
2. Devices that retain visible blood adhering to inner surfaces after use and
rinsing such as intravenous tubing, hemodialysis filters and catheters;
3. Other contaminated solid waste materials that represent a significant risk
of infection that are generated in medical facilities that care for persons
suffering from those rare or unusual diseases requiring strict isolation
criteria and listed by the U.S. Department of Health and Human Services,
Centers for Disease Control, "CDC Guidelines for Isolation Precautions in
Hospitals," July/August, 1983; and
K
4. Other materials that in the opinion of the state department of health
represent a significant risk of infection to persons outside the generating
facility.
C. E-Waste is an informal name for electronic products/eauipment nearing the end of
their "useful life." Computers, televisions, VCRs, stereos, copiers, and fax
machines are common electronic products. Many of these products can be reused,
refurbished, or recycled. Certain components of some electronic products contain
materials that render them hazardous, depending on their condition and density.
For instance, nonfunctioning CRTs (cathode ray tubes) from televisions and
monitor are classified as hazardous.
mod. Extraordinary waste includes items that require extraordinary management due to
their extreme bulk or weight and shall include, but not be limited to, abandoned
automobiles, automobile parts, tires, boats, and matter or debris resulting from
tree removal, land clearing, land development or such other like material not
defined herein as horticultural trash.
Vie. Hazardous waste means solid waste, or a combination of solid wastes, that,
because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible or incapacitating reversible illness or may
pose a substantial present or potential hazard to human health or the environment
when improperly transported, disposed of, stored, treated, or otherwise managed.
The term does not include human remains that are disposed of by persons licensed
under F.S. ch. 497.
f. Metal means both ferrous metals and nonferrous metals, as defined as follows:
1. "Ferrous metals" means any metals containing significant quantities of
iron or steel.
2. "Nonferrous metals" means metals not containing significant quantities of
iron or steel, including, without limitation, copper, brass, aluminum,
bronze, lead, zinc, nickel, and alloys.
e.g_ Sludge means any solid or semisolid or liquid generated from any water or
wastewater treatment plant, air pollution control facility, septic tank, grease trap,
portable toilet and related operations, or any such waste having similar
characteristics or effect.
h. White Qoods means Large electrical home appliances, refrigerators washing
machines, washers, dryers, freezers, stoves, ovens, dishwashers, trash compactor,
metal dehumidifiers, water heaters, heaters, air conditioners, furnaces and other
large metal appliances.
SECTION 7: Sec. 21-46 Definitions Specialty hauler shall be amended to read as
follows:
Specialty hauler means those persons who are licensed under the provisions of section
21-72 and who provide for the collections of special solid waste:, including but not
4
limited to construction and demolition debris biohazardous wastes extraordinM waste
hazardous waste, and recyclable material
SECTION 8: Section 21-72(c) shall be amended to read as follows:
The term of the license shall be from October 1 to September 30 each year. A multiple
year license maybe purchased. Prior to the expiration of the license, the collector or
specialty hauler may renew the license by filing an affidavit with the county
administrator 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 collector providing collection services or 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.
SECTION 9: Section 21-72(d)(4) shall be created to read as follows:
All equipment used by specialty haulers in the collection and transportation of
waste must be clearly identified with the name of the collector his telephone
number and license number.
SECTION 10: Section 21-72(e)(1) shall be amended to read as follows:
(1) The collector must apply to the county for a nonrefundable special solid waste
license, subcategory construction and demolition debris (hereafter license in this
subsection). The application fee is $250.00. The initial license fee is $1,500.00
and each annual renewal fee is $1,000.00. The fee for an additional collection
endorsement on the license is $750.00 and will allow for collection of additional
materials. The County may pro rate the fee for the initial licenses only.
SECTION 11: Section 21-72(e)(3) shall be amended to read as follows:
(3) In order to ensure compliance with subsection (e)(2) of this section, the
collector's financial records must be provided upon request made available to
representatives of the county during regular business hours (Monday through
Friday, 9:00 a.m. to 5:00 p.m., holidays excepted) at a leeshe wlid3inZ ee
Miami Dade eetmtie .
SECTION 12: Section 21-72(e)(5) shall be amended to read as follows:
(5) All equipment 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 telephone number and his license number, The collector must
purchase from the county a county decal/or-sticker for each vehicle used in the
collection of construction and demolition debris. Each decal/sticker costs $250.00
and is valid from October 1 to September 3
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 so long as the vehicle is
used in collecting construction and demolition debris in the county. In addition to
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displaying the decal/sticker, the collector shall also keep a copv of the license in
the vehicle and shall present a copy upon request
SECTION 13: Section 21-72(e)(8) shall be amended to read as follows:
(8) A collector exiting the county with equipment loaded with construction and
demolition debris shall use Card Sotmd Read and shall, en a daily basis, depe
with the tell 6ellfttOFee fiekets that sh " inellade keep record of the
following information and shall provide the following information to the County
upon request:
a. The company name, address, and telephone number;
b. The driver's name;
C. The specialty hauler's license number;
d. The vehicle number;
e. The container number and size;
f. The building permit number (if applicable);
g. The service address/location;
h. The disposal site (including DEP permit number);
i. The service ticket number; and
j. The cost of service.
SECTION 14: Section 21-72(g)(1) shall be amended to read as follows:
(1) The collector must apply to the county for a nonrefundable special solid waste
license, subcategory sludge (hereafter license in this subsection (g)). The
application fee is $250.00. The initial license fee is $1, 000.00 and each annual
renewal fee is $1,000.00. The fee for an additional collection endorsement on the
license is $750.00 and will allow for collection of additional materials. The
County may pro rate the fee for the initial licenses only.
SECTION 15: Section 21-72(g)(4) shall be amended to read as follows:
(4) All equipment used by the collector in the collection and transportation of sludge
must be clearly identified with the name of the collector, collector's telephone
number and collector's license number. The collector must purchase from the
county a county decal/ or -sticker for each vehicle used in the collection of
construction and demolition debris. Each decal/sticker costs $250.00 and is valid
from October, 1 to September 3 . 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
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the front windshield on the passenger side of the vehicle so long as the vehicle is
used in collecting sludge in the county. In addition to displaying the decal/sticker,
the collector shall also keep a copy of the license in the vehicle and shall present a
copy upon request.
SECTION 16: Section 21-72(g)(7) shall be amended to read as follows:
(7) A collection exiting the county with equipment loaded with sludge shall use-EaFd
fiekets that shall inelude keep record of the following information and shall
provide the following information to the County upon request:
a. The company name, address, and telephone number;
b. The driver's name;
C. The specialty hauler's license number;
d. The vehicle number;
e. The container number and size;
f. The building permit number (if applicable);
g. The service address/location;
h. The disposal site (including DEP permit number);
The service ticket number; and
j. The cost of service.
SECTION 17: Section 21-72(g)(8) shall be amended to read as follows:
(8) A collector disposing of sludge within the county at a site other than a county -
owned transfer station shall, on a monthly basis, deliver service tickets containing
the information required in subsection (e)(779) of this section, to the office of solid
waste management.
SECTION 18: Section 21-77 of Chapter 21 is hereby created to read as follows:
Sec. 21-77 Penalties.
Violation of this Section shall be prosecuted in the same manner as misdemeanors are
prosecuted. Such violations shall be prosecuted in the name of the state in a court having
jurisdiction of misdemeanors by the prosecuting attorney thereof, and upon conviction
shall be punished by a fine not to exceed five hundred dollars ($500 00) or by
imprisonment in the county jail not to exceed sixty (60) days or by both such fine and
imprisonment.
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SECTION 19: 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 20: 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 21: 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 22: 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 th day of , 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
an
Deputy Clerk
L-In
Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
ape
HRISTII+ " . LIMBER - ARROWS
ASSISTANT COUNTY ATTORNEY
Date . _ In 1 4(1"
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