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8315-12ORDINANCE NO. 8315-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CLEARWATER CODE OF ORDINANCES ARTICLE VII, WASTE MANAGEMENT, SECTION 32.2715 DEFINITIONS; SECTIONS 32.272(4) AND 32.288 REPEALING CITY OF CLEARWATER EXCLUSIVITY IN COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS OR PUTRESCIBLE WASTE FROM COMMERCIAL OR INDUSTRIAL ESTABLISHMENTS; SECTION 32.374 MAKING THE INAPPROPRIATE DISPOSAL OF E-WASTE UNLAWFUL; SECTION 32.275 CLARIFYING THAT IT IS THE RESPONSIBILITY OF A PARTY GENERATING PROHIBITED MATERIALS TO DISPOSE OF SUCH WASTE LEGALLY; SECTION 322777 MODIFYING PENALTIES FOR PRIVATE HAULERS FAILURE TO ADHERE TO THE RULES OF THE PERMIT PROGRAM; SECTION 32.280 ADVISING THAT THE CITY MAY COLLECT E-WASTE ONLY AFTER THE PROPERTY OWNER HAS SCHEDULED A PICK-UP AND PROVIDING THE CITY THE ABILITY TO ISSUE STOP WORK ORDERS FOR CONSTRUCTION PROJECTS USING UNPERMITTED PRIVATE HAULERS; SECTION 32.284 PROVIDING DIMENSION SPECIFICATIONS FOR WASTE RECEPTACLES; SECTION 32.290 CLARIFYING THAT ALL PERMIT DOCUMENTATION IS DUE THE 20T" DAY OF THE FOLLOWING MONTH OR THE NEXT BUSINESS DAY, IF SUCH DAY FALLS ON A WEEKEND OR CITY HOLIDAY; SECTION 32.293(4) ADVISING PERMITEES APPEALING A REVOCATION OR DENIAL OF A PRIVATE HAULING PERMIT OF THE ADMINISTRATIVE FEE ASSOCIATED WITH SUCH APPEAL; CLARIFYING LANGUAGE IN APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (herein the City) adopted Ordinance No. 8025-09, effective June 18t", 2009, amending Article VII, Solid Waste Management, sections 32.271 through 32.322 and Appendix A, Schedule of Fees, Rates and Charges, Article XXV, Public Works--Fees, Rates and Charges, Section (3)(c) Solid Waste Collection Rates and (5)(b) Solid Waste Roll-i�ff Container or Waste Receptacle Service of the Clearwater Code of Ordinances; and, WHEREAS, in amending Article VII, Solid Waste Management, sections 32.271 through 32.322, the City's intent was to eventually become the exclusive collector of all refuse accum�ulated within the City by gradually phasing out a permitting program that allowed private market Ordinance No. �5315-12 participation in the collection and hauling of commercial, industrial, construction/demolition debris and waste, but such permitting program had become inefficient and too costly to administrate; and WHEREAS, according to section 402.70605, Florida Statutes, the City's gradual phasir�g out of the aforementioned permitting program constituted "displacement" of private collectors who held or could have held a city-issued permit for the placing and servicing of refuse collected; therefore, the aforementioned statute required that the City afford such affected parties notice of a public hearing seeking comment on the advisability of the City exclusively providing such serv�ice and then providing three years after said public hearing, assuming the ordinance passed, befc�re the City could legally engage in the exclusive provision of such service, which is why Ordinarnce No.8131-10 was adopted; and WHEREAS, the Solid Waste/General Services Department met various entities engag��d in the business of commercial, residential, and industrial construction and demolition debris and putrescible waste removal and hauling and has worked out the modifications present in this ordinance that provide a permitting program that is cost-effective for the City to administer, provides the appropriate penalties for those entities that refuse to abide by the permitting proc�ram rules, and maintains the commercial, residential, and industrial construction and demolition/putrescible waste hauling market open to those that avail themselves of such perrr�its and follow the rules; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 32, Utilities, Section 32.2715 be amended by adding the underlined language and deleting the stricken language as follows: Sec.32.2715. Definitions. ********* (3) Commercial waste means solid waste qenerated by a commercial establishment, exclusive of hazardous or biohazardous waste. (4) �} Compactor means any mechanical hydraulic or electrical machine designed and used specifically for compacting refuse or recyclables. �� Compacted means refuse condensed by a compactor. ll{-�} Construction and demolition (c&d) debris means discarded materials qenerallv considered to be not water-soluble and nonhazardous in nature, includinq, but not limited to, steel, qlass, brick, concrete, asphalt roofinq material, pipe, av�sum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition proiect or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other veqetative matter that normally resul�s from land clearinq or land development operations for a construction uroiect, includinq such debris from construction of structures at a site remote from the construction or demolition proiect site. Mixinq of construction and demolition d�bris with other tvpes of solid waste will cause the resultinq mixture to be classified a,s other than construction and demolition debris. The term also includes: (a) Clean cardboard, paaer, plastic, wood, and metal scraps from a construction prolect; Ordinance No. 8315-12 (b) Exceat as provided in F.S. § 403.707(9)(i), vard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition proiects; (c) Scrap from manufacturinq facilities which is the tvpe of material qenerallv used in construction proiects and which would meet the definition of construction and demolition debris if it were qenerated as part of a construction or demolition proiect. This includes debris from the construc.tion of manufactured homes and scrap shinqles, wallboard, sidinq concrete, and similar materials from industrial or commercial facilities; and (d) De minimis amounts of other nonhazardous wastes that are uenerate�d at construction or destruction proiects, provided such amounts are consistent with best manaqement practices of the industrv. �{�} Containerized service means collection of solid waste or recyclables in city- approved containers. ll{� Contamination means when more than de mininis non-recyclable items (such ��s trash, food waste, glass, putrescible garbage) are included with recyclables, or when firvo or more different types of recyclables are commingled in a container intended for one. �¢� Customer means owner, occupant, tenant, or other person having control of the improved real property. �{9� Eviction or move-out refuse means any refuse that is left for collection resulti�7g from an eviction or a move-out. �{�A3 E-waste means inoperative or discarded electronic equipment including, bui: not limited to televisions, computer CPUs, monitors and peripherals, and handheld and desktop telecommunications equipment. Because these items potentiallv carry hazardous materials, such as mercurv or lead, E-waste needs to be transported, handled, a�d either disposed of or recvcled with special care. �{� Hazardous material means material which is radioactive, volatile, flammabl�, explosive, infectious, toxic or otherwise hazardous, including but not limited to materiall designated as hazardous in any Federal, Florida, Pinellas County, or Clearwater law or ordinance; also that waste which is determined to be hazardous by the United States Environmental Protection Agency, or any other federal agency. (13) Industrial waste means solid waste qenerated bv an industrial establishment, exclusive of hazardous or biohazardous waste. j� {-a-�} Late payment means any payment remitted after the required due date. �{�} Materials recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as; a fuel or soil amendment, or any combination of such materials. j� (�4-� Putrescible waste means household, industrial, or commercial solid waste that will putrefy. �{�5) Recovered materials means metal, fiber, glass, plastic, textile or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation Ordinance No. 8315-12 from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not solid waste. ��} Recovered materials dealer means any person or entity, who handles, purchases, receives, recovers, sells, or is an end-user of recovered materials. �{� Recovered maferials processing facility means a facility engaged solely in tr�e receiving, storage, processing, resale or reuse of recovered materials. Such a facility i:> not a solid waste management facility if it meets the definitions of F.S. § 403.7045(1)-(fl. ��) Recyclable means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. �� Recycling means the collection, processing, marketing, reprocessing and resale or reuse of any material which would otherwise be processed or disposed of as solid vuaste. �{�9� Recycling receptacle ,� means any container issued by the city for the purpose of recycling. �{� Refuse means all putrescible and non-putrescible solid waste. �{�} Residential refuse container means a city issued automated container and/ar a city-approved 32-gallon container or other container approved by the director of solid waste/general services. �{�3) Roll-off container means any large capacity container used for commercial ctir industrial service, or for special purposes, including but not limited to, containers with capacities between ten and 49f� cubic yards and which are transported with their contents by vehicle to a solid waste disposal site. ��4} Se►vicing means any interaction with a waste receptacle in exchanqe for pavment or consideration, including, but not limited to, installingzcleaning, deodorizing, pulling, removing, collectinct, transaortinq, processinq, or receivinq contents, or repairing damage to such waste receptacle��, reqardless of whether the contents of such waste receptacle are disposed of in �he waste stream or are recvcled. �{�} Solid waste means sludge not regulated under the Federal Clean Water Aci: or Clean Air Act; sludge from a waste treatment works, water supply treatment plant, or a�ir pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. The term does not include recovered materials as defined in this section or in F.S. § 403.703(7).. �{� Solid waste/general services director means the person authorized to exercwse and enforce the provisions of this article. �{�} Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed or disposed of according to an orderly, purposeful and planned program which includes closure and long-term maintenance. �(�} Solid wasfe management facility means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility or other facility, the purpose� of which is resource recovery or the disposal, recycling, processing or storage of solid w�ste. The term does not include recovered materials processing facilities which meet the requirements of F.S. § 403.7046(4), except the portion of such facilities, if any, that is u�sed for the management of solid waste. �(-��} Source-separated means that recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does n��t require that various types of recovered materials be separated from each other and Ordinance No. 8315-12 recognizes that de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. �(-�A� Specia/ wastes means solid waste that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, e-waste, paint, and biologic�il wastes. �(-� Trash means any waste accumulation of paper, sweepings, rags, bedding or other matter of any kind, other than garbage, which is usually attendant to housekeepir�g, except recyclables. �(-�} Waste receptacle means any vehicle or container, but is not limited to trailens, roll-off containers, compactors or any other functionally equivalent containers, used to collect, transfer or haul solid waste or construction and demolition debris from one loc:ation to another. 35 {� White goods means inoperative and discarded refrigerators, ranges, water heaters, freezers and other similar domestic and commercial large appliances of any c�plor. (� � Yard waste means vegetative matter resulting from landscaping and maintenance. Section 2. That Chapter 32, Utilities, Section 32.272 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 32.272. Collection by city; exceptions. ***�**** (4) Exception for private collectors with roll-off containers, compactors or waste receptacles. A private collector currently holding or eligible to obtain a city-issued perrriit for placing and servicing roll-off containers, compactors, or waste receptacles for sites generating construction and demolition debris, putrescible waste, special waste, or vard waste� Gvmmorni•+Ioe�+�+F�lie�hmon�c• �o�or�±,�, may acquire such permit or continue renewing such permit�to legally �s�i�e-sa�id-service such containers so lonq as the private collector remains in qood standinq pursuant to the Citv's permit prouram as described in this Chapter. All putrescible waste shall be hauled or collected in an enclosed container. Anv deviation from this section requires the written approv�l of the solid waste/aeneral services director or desiqnee. , �� , . ae , , , k�e ; �-�sM . , , � ******** Section 3. That Chapter 32, Utilities, Section 32.274 be amended by adding the underlined language as follows: Ordinance No. 8315-12 Sec. 32.274. Unlawful practices generally. ******** (8) Disposal of E waste bv either placinq curbside for solid waste personnel collection or in either waste or recvclinq receatacles shail be unlawful and subiect federal, state, and/or local penalty if anv person or entitv disposinct E waste within the Citv of Clearwater has failed to first coordinate its removal in an environmen�allv safe and appropriate manner. �{�}—It shall be unlawful for any third party or contractor to create or leave constructic�n and demolition debris, yard waste or refuse subsequent to the performance of any wc�rk on private property for the city to collect. No materials from such operations shall be placed in any residential container, commercial container, waste receptacle or set out curbside fi]r collection by the city without prior authorization by the solid waste/general services direxctor. Section 4. That Chapter 32, Utilities, Section 32.275 be amended by adding the underlined language as follows: Sec. 32.275. Prohibited materials. ******** (3) Prohibited materials. Biohazardous waste, flammable liquids, motor oil, pesticides, herbicides, aaint and other hazardous materials shall not be placed for collection, and shall not be collected by solid waste personnel. It shall be the responsibilitv of the partv qeneratinq prohibited material waste to leqallV remove and properlv dispose of said waste. Section 5. That Chapter 32, Utilities, Section 32.276 be amended by adding the underlined language as follows: Sec.32.276. Enforcement. The director of solid waste/general services is authorized to exercise limited police po�ers to enforce the provisions of this chapter. These limited police powers shall include the authority to issue a notice of violation of a provision of this chapter and, following a reinspection after the time specified in the notice for corrective action, if there has not been substantial compliance with the notice of violation, or if the violation has been corrected but reoccurs, the director of solid waste/general services may cause a summons to be issued by a sworn police officer, code enforcement officer, or designated solid waste/general services employee of the city for appearance in county court, or may notify the code enforcement board and request a hearing� pursuant to section 7-102 of the Clearwater Community Development Code_ A notice of viol�tion shall describe the nature of the violation, the corrective action necessary to cure the violation, and the time within which corrective action shall be taken. A notice of violation shall be served in 1:he manner set forth in F.S. § 162.12. Section 6. That Chapter 32, Utilities, Section 32.277 be amended by adding the unde�rlined language as follows: Ordinance No. 8315-12 Sec.32.277. Penalties. ******** (5) Failure to remove a residential refuse and/or recvclinq container tagged with a warning by the solid waste/general services department within the specified period of tume subjects the customer to a fine of $10.00 per day, which is placed on the customer's utility bill. Repeat offenders, after written notice and at the sole discretion of the director of solid waste/general services, may be placed on side or rear yard premium service at the appropriate fee. *******� (8) Roll-off container and/or waste receptacle permittee shall be assessed� a fifbeen e�►e percent interest�e�a�#� charge on the total amount of remittance, as specified in Appendix A of this code and referred to in section 32.290(2)(b) of this division, for every month that the remittance is unpaid after the 20th dav of the followinq month that the remittance was due. �as#-d-�e. If the 20t dav is a Saturdav, Sundav or citv holidav, the monthlv fee shall be due on the next business dav. Furthermore, permittee shall ir�cur a $25.00 administrative fee each business dav the permittee fails to provide invoice copies and monthly service reports, as required by section 32.290(2)(b). Failure to comply with theA permit submission requirements may result in revocation or denial of issuance or renewal of a permit. (91-(�8� A roll-off container and/or waste receatacle permittee's failure to fax or email the monthly list of new waste receptacles set within Clearwater citv limits to Solud Waste/General Services Administrative staff bv the 5 business dav of the followrinct month shall result in the assessment of a$25.00 administrative fee each business dav the permittee fails to provide the listinq and aossible revocation of the permit. (10)�9} If an audit discloses that a roll-off container and/or waste receptacle permittee has underpaid the remittance as required bv this division bv more tham five percent of the required total, then in addition to a remittance in the amount of th� underpavment, the aermitee shall pav the cost of the audit and fifteen percent interest on the amount of the underpavment. (11) If a roll-off container and/or waste receptacle permittee fails to provide documentation requested for an audit bv the date specified in the written request for such documentation the Citv shall assess a 25.00 administration fee each business dav the permittee is delinQUent in remittina the documentation and shall beuin tk�e permit revocation process. Section 7. That Chapter 32, Utilities, Section 32.280 be amended by adding the undErlined language as follows: Sec. 32.280. Duty of property owner; precollection practices. Ordinance No. 8315-12 (1) Preparation of solid waste. ******** (h) �is1E-�: E-waste. E-waste shall be collected bv the Citv oniv after prope�rtv owner has scheduled a pick-uu with Solid Waste Deaartment personnel. (i) None of the above mav be placed for collection more than 24 hours in advance of a scheduled pick-up. (3) Storing of solid waste. ******** ******** (fl Construction sites. All construction sites shall use city-approved waste receptacles, the number of which shall be determined according to the size of trie job at the discretion of the director of the building division. Construction sites shall b�e kept clean and orderly at all times and the building director may suspend or red tag a construction job until the premises are brought up to a satisfactory sanitary conc�ition. The City's Buildinq Department mav issue a Stop Work Order to a construction site that utilizes a roll-off container and/or waste receptacle hauler that ha� failed to reqister with the Citv of Clearwater. Any waste receptacle used to c�llect refuse that is not supplied by the city shall be required to be registered with the director of solid waste/general services. **,��,��** Section 8. That Chapter 32, Utilities, Section 32.284 be amended by adding the underlined language as follows: Sec. 32.284. Waste receptacle. ******** (6) All enclosures are required to be constructed and maintained in accordance with the City of Clearwater specifications pursuant to section 3-201.D of the Clearwater Communitv Development Code and City Enqineerinq Index 701. (7) Placement of containers. Subscribers or private haulers se�les�e�s authorized to provide services under this article shall not place any container or receptacle for solid uvaste or recycling outside of any building or structure without first having obtained permission from the city approving location of such container. Section 9. That Chapter 32, Utilities, Section 32.288 be amended by adding the underlined language and deleting the stricken language as follows: Sec.32.288. Required. Ordinance No. 8315-1.2 Pursuant to section 32.272(1), it shall be unlawful for any party, other than the city, to engage in the business of collecting, removing, haulinq or disposing of construction and demolition debris, whether commercial, industrial or residential in nature, or putrescib�le waste generated by commercial or industrial establishments. However, a sole proprietor or corporate entity placing or servicing a roll-off container or waste receptacle for the purp�ase of collecting, removing, haulinct or disposing of construction and demolition debris, whether commercial, industrial, or residential in nature, or putrescible waste generated by commercial or industrial establishments shall be required to procure a permit to legall}r continue such business activity without penalty_, `��� horoinnfFcr tio �.,,,..,., �� .,o�,,.,c++o,� Ja�i�fio�� i+ �r�r�lin.�4i�n ro�TCi�C Fts-�{�S°n��'d,t�8�ieriv� r� c+� �nh r�ormi#oo '7 � r > > � • r � � � � � E7����' Section 9. That Chapter 32, Utilities, Section 32.290 be amended by adding the under�lined language and deleting the stricken language as follows: Sec. 32.290. Prerequisites to issuance. ******** (b) The applicant has agreed to remit to the city each month a fee of �5 fifteen percent of the monthly gross revenue billed by permittee, as set out in Appendix A to this Code, accompanying the remittance (also known as a permit fee), the permittee shall supply invoice copies corroborating the monthly gross revenue derived from servicing locations within the City of Clearwater. Moreover, a permittee shall also provide to the director of solid waste/general services a monthly reporit identifying collections made within the city, together with the appropriate service addresses for such collections. The report, remittance, and invoice copies are d��e no later than the 20th �"°'°°+ "„°�^°°° day of the following month. If the 20th dav occurs on a Saturdav. Sundav or citv holidav, the reaort, remittance, and invoice copies shall be due the next business dav; ***�**�* Section 10. That Chapter 32, Utilities, Section 32.293 be amended by adding the underlined language and deleting the stricken language as follows: Sec. 32.293. Roll-off and/or waste receptacle permit application, termination, denial. ******** Ordinance No. 8315-12' � , �{4} Such permit may be terminated or denied by the city manager but only after th� procedure set out in section 29.41(2) has been followed. Nofinrithstanding the procedure set out in section 29.41(2), appeal of the city manager's decision to terminate or deny a pe�rmit shall be to the city council. A permitee that avails itself of its riqht to appeal a termination or denial to the citv manaqer, and if necessarv, the city council understands that it must pav the appropriate administrative fee associated with such appeal• �� The granting of a permit pursuant to this division shall not be construed as a g�ant of a franchise or of vested rights. ��} No permit shall be issued to any applicant who is delinquent in remittance of franchise fees, penalties, or interest. j� {�} The permit issued to the applicant shall not be transferable. - � - - - - - - - - - . - • - - � - - - Section 11. That Appendix A, XXV Public Works—Fees, Rates and Charges (§32.068) be amended by adding the underlined language and deleting the stricken language as follows: XXV. PUBLIC WORKS—FEES, RATES AND CHARGES (§ 32.068) (3) Rates: ******** ****�*** (c) Solid waste collection rates. 1. Monthly charges for twice weekly collection of solid waste in prescribed containers. a. Single-family and multiple-family dwellings. ��**�*** 10 Ordinance No. 8315-12 (ii) Side or rear yard premium service: Manual pickup has a limit of finro containers per living unit, each having a capacity no larger than 32 gallons and 50 pounds. For each additional 32-gallon or smaller container for rear yard pickup, the fee specified below will be charged for side or rear building collection of each �932-gallon container. ******** 5. Each single-family or multi-family dwelling customer will be allovved up to four additional complimentary yard waste pick-ups beyond the once- weekly yard waste collection implicit in 32.281(1)(a), per 12-month period beainnina Januarv 1St of each calendar vear, provided+►� the combine�d yardage of the four pick-ups does not exceed a total of 40 cubic yards during that 12-month period. 6. Onlv citv-owned �Fwaste receptacles, utilized by commercial or industrial customers, shall be eligible for two complimentarv cleanings per calendar year e. Any subsequent cleaning shall incur a$100.00 per waste receptacle charge. ******** (5) Ofher Miscellaneous charges: ******** (b) Solid waste roll-off or waste receptacle service: ******** 3. Deposits. a. Roll-off container/and or waste receptacle. A$400.00 de�posit may w+�4 be charged for each roll-off and/or waste recepttacle. Service charges will be assessed against the deposit until it is insufficient to cover the next pull and disposal bill. At that time the customer will be required to make a payment on account or replenish the deposit in order to cover the ne� servicn billing. 11 Ordinance No. 8315-112 b. The initial deposit may be set at less than the normal 400.00 upon '� providing satisfactory creciit worthiness and a�� approvale� by the director of solid waste/gene�ral services or desiqnee. n�+�irr+on+ c+nhoiJ� �lo �h�n nnrm�l Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Assistant City Attorney 12 Attest: December 6, 2 01 2 December 20, 2012 _ r�e� �l�,�c�c�,�s George N. Cretekos Mayor Rosemarie Call City Clerk aS�A��f'y`°C�C' v `�1 r'' � � � ��. _ � �- __- � �—._._ � ---__ � ; Ordinance No. 8315-1:e'.