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Item C01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 17, 2013 —Key West Division: Public Works Bulk Item: Yes X No _ Department:_ Solid Waste Management Staff Contact Person: Rosa Washington/292-4432 AGENDA ITEM WORDING: Approval to advertise a public hearing for an ordinance amending Section 21-72 to authorize County Administrator designee to suspend or revoke specialty hauler license and amending Section 21-77 to also allow enforcement of violations relating to specialty haulers by the County Code compliance department. ITEM BACKGROUND: The Monroe County Code should be revised to allow for the county administrator designee to suspend or revoke a specialty hauler license when the administrator so delegates and to provide for enforcement of violations by the County's Code Compliance Department PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners passed Ordinance 019-2012 on July 18, 2012, which amended Section 21-46, 21-72, 21-76 to amend definitions relating to specialty haulers and to accurately reflect the requirements and regulations relating to specialty hauler. Ordinance 019-2012 also created Section 21-77 to provide penalties for violations of the requirements and regulations. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval to advertise. TOTAL COST: Approval to Advertise BUDGETED: Yes _ No_ COST TO COUNTY: Ads cost SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No_ AMOUNT PER MONTH Year APPROVED BY: County Att�L OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# r ORDINANCE -2013 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21-72, AND SECTION 21-77 OF THE MONROE COUNTY CODE; PROVIDNG AUTHORIZATION FOR SPECIALTY HAULER LICENSE TO BE SUSPENDED OR REVOKED BY COUNTY ADMINISTRATOR OR DESIGNEE; PROVIDNG FOR ENFORCEMENT BY THE CODE COMPLIANCE DEPARTMENT; 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 Monroe County Code("code")was revised by Ordinance 019-2012 providing for definitions,regulations, and penalties related to specialty haulers; and WHEREAS,Section 21-72 only authorizes the County administrator to revoke or suspend a license and in order to allow for the county administrator's designee to also have the authority to suspend or revoke a license, Section 21-72(e)(10) of the code should be amended; and WHEREAS, Section 21-77 of the code provides for violations to be prosecuted in the same manner as misdemeanors and in order to clarify that enforcement by the County's Code Compliance Department is also allow, Section 21-77 of the code should be amended to allow for such enforcement; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1: Section 21-72(e)(10) shall be amended to read as follows: (10) The county administrator or desiggee is authorized to suspend or revoke the license of a collector when the administrator or designee determines that the collector has violated a provision of this section. Before suspending or revoking the license the administrator or designee must afford the collector an opportunity to offer such evidence as the collector deems necessary to support his position, although the administrator or designee is not bound to consider, and may reject, evidence that is cumulative, slanderous, or irrelevant. The 1 administrator or designee'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 2: Section 21-77 Penalties shall be amended to read as follows: (a)Violation of this Section sheA may 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. b(�Violations of this Section may also be prosecuted before the county code compliance board under F.S. 162 and Chapter 8 of this Code. (c)All penalties in this section are cumulative and nonexclusive. Nothing in this subsection prevents the county from enforcing this section through any other method, process, or cause of action that may be available under the laws of the state. SECTION 3: 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 4: 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 5: 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 6: 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 , 2013. 2 Mayor George Neugent Mayor Pro Tem Heather Carruthers Commissioner Danny Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY,FLORIDA By By Deputy Clerk Mayor/Chairperson MONROE COUNTY ATTORNEY APPROVED AS TO FORM: .w r ,, C iRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 3 ADDITIONAL BACK- UP a ORDINANCE 019-2012 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 21-729 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 COMNIISSIONERS 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. 1 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 roadways generally considered to be not water soluble and nonhazardous in nature, including but not limited to steel,glass,brick,concrete and other 2 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; 3 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 are 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. L 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: 1. "Ferrous metals" means any metals containing significant quantities of iron or steel. 4 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 n W (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: (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. 6 (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; d. The vehicle number, 7 , IW 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 therefore. 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 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 therefore. 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: See.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 8 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 j 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 Yes '-' o Mayor Pro Tem Kim Wigington Yes `':Y - o Commissioner Heather Carruthers Yes Commissioner George Neugent Yes o Commissioner Sylvia Murphy Yes (SEAL) BOARD OF COUNTY COMIVIISSIONERS Attest: DANNY L.KOLHAGE,Clerk OF MONROE COUNTY,FLORIDA B By t Deputy Clerk Mayor/ChaKerson ' J MONROE COUNTY ATTORNEY ; APPROVED AS TO FORM: i 4H&RI&S"TINE M.LIMBERT-BAR OWS ASSISTANT COUNTY ATTORNEY 9 Date i r i