Item P3*3:00 P.M. Public Hearing*
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 18, 2012 — Key West Division: County Attorney
Bulk Item: Yes X No
Department: County Attorney
Staff Contact Person: Christine Limbert-Barrows
AGENDA ITEM WORDING:
A public hearing to consider approval of an ordinance amending Section 21-46 to amend definitions
relating to specialty haulers, amending 21-72 and 21-76 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: 6/20/12 BOCC approved Public hearing for 7/18/12
at 3:00 P.M. in Key West, FL
CONTRACT/AGREEMENT CHANGES:N/A
STAFF RECOMMENDATIONS:
Approval.
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, 21-76 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:
LU 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
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:
(2) Special solid waste means commercial white goods, construction and demolition
debris, biohazardous wastes, a -waste, extraordinary waste, hazardous waste,,
metal, and sludge; as defined as follows:
a. Commercial white eoods 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
generated from commercial property. White good materials shall only
collected from commercial property.
a.b. Construction and demolition debris C & D means discarded materials
resulting from structural and functional materials comprising the structure
and surroundingsite to 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, floor coveringor
r _
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.
bc. 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
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.
d. 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, nonfunctioning
CRTs (cathode ray tubes) from televisions and monitor are classified as
hazardous.
e.-e. 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.
d f. 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.
9-- 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.
Cl
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:h. 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.
SECTION 7: Sec. 21-46 Definitions Specialty hauler shall be amended to read as
follows:
Specialty hauler means those persons
'"�Q who provide for the collections of speeial selid waste. the following materials
as defined in this article,• commercial recycling commercial white goods, construction
and demolition debris a -waste metal and sludge, however it does not include private
individuals transporting or disposing of their personal property.
SECTION 8: Section 21-72(a) shall be amended to read as follows:
(a) Any persons that provide collection services within the unit shall obtain a license,
as provided herein, . Any person
collecting any special solid waste 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 pursuant t o section 21-75 shall be
exempt from the requirement of obtaining a license. Each collector and specialty
hauler shall be required to obtain a license. 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. § 287.13.
(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 all solid waste collected
shall be disposed of at the solid waste disposal facility, except as
otherwise permitted under subsection (e) of this section or section 21-70,
and 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.
(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.
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 clearer identified with the name of the collector, his/her telephone
number and license number in lettering_ greater than 4 inches.
SECTION 10: Section 21-72(e) shall be amended to read as follows:
(e) The following requirements are only applicable to specialty haulers waste
ee szhereafter term "collector" in this subsection (e)) engaged in the
collection and transportation of special solid waste materials eenstniefien and
A ter- * t' that 1 aeeet delivery ,
' 1'+' debris demelifien .f * -f -* ------ solid ate ,1:.. 1 .,1 f., 'l:t a .', :, tb.e
a e
y1 u e
1r1 '.1 T .-t t >r f .wir-e.,..-,e.,tel D..eteet:en not a elleete.. fe,. theY
(1) The collector must apply to the county for a nonrefundable special solid
waste license, b t b nstr,et:e„ andae alai°.debris (l,e..ea te.
heense in diisubseefien. 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.
(2) The collector must pay a ten percent surcharge on the collector's gross
receipts received for special solid wasteeenstmetion and defaefifien debris
removal; except, however, no surcharge is due on the gross receipts
received for materials eenswaefien and demelitien debris that are
delivered to the county's transfer stations and the full tipping fee is paid.
The surcharge is payable monthly quafteFl}-and is due 1520 days after the
close of each month. The payment must be accompanied by a
report listing locations of service, the customer fees charged, the amount
of recovered material and the disposal site, together with receipts from
the disposal facility, stating volume or weight.
(3) In order to ensure compliance with subsection (e)(2) of this section, the
collector's financial records must be provided upon request faade
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
(4) T1, ll ! t ly eeheat and...,.. tspeA eenst....e e.. an ... aeel:tien
l�l
(54) All equipment used by the collector or their agent in the collection and
transportation of special solid waste material
demos -must be clearly identified with the name of the collector, his
telephone number and his license number in lettering_Ueater than 4
inches. The collector must purchase from the county a county decal/er —
sticker for each vehicle used in the collection of special solid waste
materialeenstme4ion and defaelifien debris. Each decal/sticker costs
$250.00 and is valid from October 1 to September 3
date . 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 se long as the vehiele is used in eelleefifig
eenst-,aefien and demelifien debris in the eeunty 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.
h
(b�) Special solid waste material Genstmetien and defaelifieft debris must be
sufficiently covered or contained to prevent the release of the material
debris while in transit.
(70 All special solid waste material eeastFaefiefi and demelifien debris must
be disposed of at a solid waste facility permitted for such material debris
by the Florida Department of Environmental Protection.
($7) A collector exiting the county with equipment loaded with special solid
waste material eenstfuefien and demelifien debris shall use Card Seund
Read and shall,en a daily basis, deposit with the tell eelleete.r-
e fiekets that shall dude -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 (if applicable);
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.
(1B) A collector disposing of special solid waste
debris within the county at a site other than a county -owned transfer
station shall, on a monthly basis, deliver service tickets containing the
information set forth in subsection (e)(97) of this section, to the
office of solid waste management.
(409) A collector licensed under this subsection-W, shall ffmy not collect any
residential or commercial solid waste
$pe,.ial selid ,, ate without first obtaining a franchise therefor.
residential er- eenffner-eial solid waste or- ether- (fiefteenstmetieff er-
uem
Fdle „f the , ee oor- €ianehise-held
byte ee'�r-A collector is only authorized to collect the
following materials for which a license or endorsement has been obtained
from the County; commercial recycling, commercial white goods,
construction and demolition debris, e-waste, metal, and sludge.
(104-) The county administrator is authorized to suspend or revoke the license of
a collector when the administrator determines that the collector has
violated a provision of this section. Before suspending or revoking the
license the administrator must afford the collector an opportunity to
offer such evidence as the collector deems necessary to support his
position, although the administrator is not bound to consider, and may
reject, evidence that is cumulative, slanderous, or irrelevant. The
administrator's decision on a suspension or revocation must be in
writing and state the reasons therefor. The decision is the final
administrative action of the county. This subsection (e)(14Q), 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.
SECTION 11: Section 21-72(g) shall be repealed in its entirety:
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a. eempany
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;
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SECTION 12: Section 21-76(c) shall be amended to read as follows:
(c) No person may provide collection services unless certified pursuant to the
provisions of section 21-72 and pursuant to a collection agreement, un—jess he
r-eeeived an Yfiea pursuant
SECTION 13: 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 14: 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 15: 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 16: 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 17: 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 18th day of July, 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
11
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M
12
Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date _
ORDINANCE -2012
AN ORDINANCE OF THE MONROE COUNTY
BOARD OF COUNTY COMIVIISSIONERS
AMENDING SECTION 21-72, 21-76 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:
(2) Special solid waste means commercial white goods, construction and demolition
debris, biohazardous wastes, e-waste, extraordinary waste, hazardous waste,
metal, and sludge as defined as follows:
a. Commercial 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 generated from
commercial property. White good materials shall only be collected from
commercial property.
b. 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
2
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, floor covering or
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.
C. 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;
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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
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.
d. 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, nonfunctioning
CRTs (cathode ray tubes) from televisions and monitor are classified as
hazardous.
e, 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.
f 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.
g. Metal means both ferrous metals and nonferrous metals, as defined as
follows:
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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.
h. 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.
SECTION 7: Sec. 21-46 Definitions Specialty hauler shall be amended to read as
follows:
Specialty hauler means those persons 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.
SECTION 8: Section 21-72(a) shall be amended to read as follows:
(a) Any persons that provide collection services within the unit shall obtain a license,
as provided herein. Any person collecting any special solid waste 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
pursuant t o section 21-75 shall be exempt from the requirement of obtaining a
license. Each collector and specialty hauler shall be required to obtain a license.
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. § 287.13.
(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 all solid waste collected
shall be disposed of at the solid waste disposal facility, except as
otherwise permitted under subsection (e) of this section or section 21-70,
and 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.
(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.
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 in lettering greater than 4 inches.
SECTION 10: Section 21-72(e) shall be amended to read as follows:
Cl
(e) The following requirements are only applicable to specialty haulers
(hereafter term "collector" in this subsection) engaged in the collection and
transportation of special solid waste materials.
(1) The collector must apply to the county for a nonrefundable special solid
waste license. 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.
(2) The collector must pay a ten percent surcharge on the collector's gross
receipts received for special solid waste removal; except, however, no
surcharge is due on the gross receipts received for materials that are
delivered to the county's transfer stations and the full tipping fee is paid.
The surcharge is payable monthly and is due 15 days after the close of
each month. The payment must be accompanied by a report listing
locations of service, the customer fees charged, the amount of recovered
material and the disposal site, together with receipts from the disposal
facility, stating volume or weight.
(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).
(4) All equipment used by the collector or their agent in the collection and
transportation of special solid waste material must be clearly identified
with the name of the collector, his telephone number and his license
number in lettering greater than 4 inches. The collector must purchase
from the county a county decal/sticker for each vehicle used in the
collection of special solid waste material. 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. 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) 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 collector exiting the county with equipment loaded with special solid
waste material 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;
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d. The vehicle number;
e. The container number and size (if applicable);
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.
(8) A collector disposing of special solid waste within the county at a site
other than a county -owned transfer station shall, on a monthly basis,
deliver service tickets containing the information set forth in subsection
(e)(7) of this section, to the office of solid waste management.
(9) A collector licensed under this subsection, shall not collect any
residential or commercial solid waste without first obtaining a franchise
therefor. A collector is only authorized to collect the
following materials for which a license or endorsement has been obtained
from the County; commercial recycling, commercial white goods,
construction and demolition debris, e-waste, metal, and sludge.
(10) The county administrator is authorized to suspend or revoke the license of
a collector when the administrator determines that the collector has
violated a provision of this section. Before suspending or revoking the
license the administrator must afford the collector an opportunity to
offer such evidence as the collector deems necessary to support his
position, although the administrator is not bound to consider, and may
reject, evidence that is cumulative, slanderous, or irrelevant. The
administrator's decision on a suspension or revocation must be in
writing and state the reasons therefor. 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.
SECTION 11: Section 21-72(g) shall be repealed in its entirety.
SECTION 12: Section 21-76(c) shall be amended to read as follows:
(c) No person may provide collection services unless certified pursuant to the
provisions of section 21-72 and pursuant to a collection agreement.
SECTION 13: 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
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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 14: 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 15: 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 16: 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 17: 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 18th day of July, 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
LM
Deputy Clerk
I:
Mayor/Chairperson
MONROE COUNTY ATTORNEY
PPROVED AS TO FORM:
9 CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date