Now Therefore, Be It Ordained by the City of Palm Coast, Florida

ORDINANCE NO. 2008-XX

AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 41 OF CODE OF ORDINANCES OF THE CITY OF PALM COAST RELATING TO SOLID WASTE AND RECYCLABLES COLLECTION SERVICES; ESTABLISHING A NEW CHAPTER 41 AND PROVIDING FOR LEGISLATIVE INTENT AND APPLICABILITY; PROVIDING FOR DEFINITIONS AND THE PROMULGATION OF ADMINISTRATIVE RULES; PROVIDING FOR SERVICE REQUIREMENTS AND CONDITIONS; PROVIDING FOR FRANCHISES, FRANCHISE AGREEMENTS AND FRANCHISE FEES; PROVIDING FOR FRANCHISEE DUTIES AND REQUIREMENTS; PROVIDING FOR STANDARDS OF PERFORMANCE AND PROHIBITED ACTS; PROVIDING FOR COLLECTIONS AND LIENS; PROVIDING FOR OWNERSHIP OF RECYCLABLES; PROVIDING FOR ADMINISTRATIVE AND REGULATORY MATTERS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS AND SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

whereas, the City Council of the City of Palm Coast recognizes that a “Residential Solid Waste Collection And Disposal Services Contract,” dated December 4, 2006, is in effect between the City and Waste Pro of Florida, Inc. and continues to be in full force and effect in accordance with its terms,

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PALM COAST, FLORIDA:

SEcTION 1. LegiSlative Intent and applicability.

A new Section of the Code of Ordinances of the City of Palm Coast is hereby added to read as follows:

(a). It is the intent of the City Council of the City of Palm Coast to require all persons, which include but are not limited to, residential, commercial and industrial establishments, within the corporate boundaries of the City to have their solid waste and recyclables collected, transported and disposed of in a proper, sanitary and efficient manner; to make available to all persons a sanitary efficient means of having their solid waste and recyclables collected, transported and disposed of; to eliminate illegal dumping; to provide an effective method of paying the costs for the services rendered; and to promote the health, safety and welfare of the citizens of the general public and the City.

(b). It is further the intent of the City Council that the collection, transporting and disposal of solid waste and recyclables shall be accomplished only by those persons or entities authorized by the City by means of a franchise agreement and that such disposal shall be accomplished only at City-approved solid waste facilities.

(c). In order to protect the quality of air, water, soil and other natural resources of the City, as well as the health, safety, and welfare of its citizens, the City Council declares that certain solid waste and recycling activities and facilities must be regulated. The City Council finds that improper disposal and management of solid waste and recyclables results in or contributes to air and water pollution, land blight and nuisance conditions. It is the intent of the City Council to require that certain solid waste and recycling activities and facilities be managed and regulated to eliminate deleterious effects upon the quality of air, water, soil and human health. It is also the intent of the City Council to encourage recycling and the recovery of resources that have a potential for further use in order to conserve resources and advance the economic use and reuse of materials. The City Council recognizes the controlling provisions of certain Federal and State law relating to solid waste and recyclables. The City Council also recognizes that other Federal, State, regional and local agencies may have adopted rules for the regulation or management of solid waste and recycling. Matters cognizable by other controlling laws and agencies may include, but are not limited to, the generation, flow, transportation, control, collection, storage, removal, abandonment and unauthorized dumping of solid waste, recyclables and litter within the City, and such matters are administered by the applicable governing body or entity. This Ordinance regulates solid waste management and recycling activities and facilities within the City.

(d). It is not the intent of this Ordinance to in any way deviate from the provisions of Section 403.7046, Florida Statutes, relating to recovered materials.

(e). Chapters 62-701 (solid waste management), 62-709 (compost), 62-710 (used oil), 62-711 (waste tires), and 62-712 (biological wastes), Florida Administrative Code, are adopted and incorporated into this Ordinance by reference.

(f). This Ordinance applies to all persons operating or maintaining facilities or conducting activities within the geographic boundaries of the City which recover, dispose, recycle, process, or store solid waste or recyclables.

(g). The provisions of this Ordinance shall not apply to solid waste or recyclables collection services performed directly by the City or, if a contract or contracts with the City exist(s), as to such services, to the extent that a contract is inconsistent with this Ordinance.

(h). The City Council may establish, amend the administrative franchise fees contemplative in this Ordinance by adoption of resolutions from time-to-time.

(i). Nothing contained in this Ordinance shall be construed or interpreted to include the City in the definition of “agency” contained in Section 120.52, Florida Statutes, or to otherwise subject the City to the application of the Florida Administrative Procedures Act, Chapter 120, Florida Statutes.

SecTION 2. Definitions/AUTHORITY TO PROMULGATE RULES.

A new Section of the Code of Ordinances of the City of Palm Coast is hereby added to read as follows:

(a). The definitions set forth in any franchise agreement and the definitions of governmental agencies with primary and controlling jurisdiction over solid waste and recyclable matters shall prevail in the event of a conflict with the definitions set forth herein.

(b). The definitions set forth in Section 1-2 of the Code of Ordinances of the City of Palm Coast shall be applicable to the provisions of this Ordinance.

(c). The definitions set forth in Rule 62-701.200, Florida Administrative Code, apply to the provisions of this Ordinance and are attached to this Ordinance and are hereby incorporated herein by this reference.[1]

(d). Other than as set forth in this Section, for the purpose of this Ordinance (and the rules that may be adopted administratively implementing this Ordinance)[2], the following definitions shall apply unless the context clearly indicates or requires a different meaning and regardless of whether the term is capitalized or not in its use:

Approved Container. A container approved by the City for the temporary reception and storage of refuse pending transportation to a permanent disposal site.

Bags. Non-dissolvable plastic bags designed to store and enclose garbage or yard waste with sufficient wall strength to maintain physical integrity when lifted by the top.

Bulk Waste. All accumulations of yard waste or junk that requires additional handling, but which does not require more than two (2) persons to lift including, but not limited to, white goods, furniture, television sets, small lawn equipment, grills, bicycles, (excluding motorized vehicles and motors such as, but not limited to, cars, trucks, motorcycles and boat motors) or similar items not having a reasonably useful purpose to the owner or abandoned by the owner whose large size or weight precludes disposal by normal methods.

Casters. Four (4) wheels attached to the underside of a container so that it may be rolled.

Collection The process whereby residential or commercial solid waste, yard waste, bulk waste, construction and demolition debris or recyclables are removed from the location where generated and transported to a City approved, and Florida Department of Environmental Protection permitted, disposal facility or material recovery facility, as appropriate. Collection does not include activities by bona fide charitable organizations which collect printed materials, aluminum cans or similar materials in the course of a bona fide fund raising activity.

Commercial establishment. Any public or private place, building or enterprise devoted in whole or in part to a business enterprise whether nonprofit or profit making in nature except where such place, building and/or enterprise constitutes a single-family residence or multiple dwelling. Multiple dwellings being serviced by commercial containers or which could be serviced in the future shall be considered as “commercial establishments.”

Commercial solid waste. Rubbish and trash, combustibles (such as paper, wood, yard trimmings), noncombustibles (such as metal, glass, stone, dirt, garbage, bulk waste, trash or yard waste) that is not residential solid waste including, but not limited to, the garbage, bulk waste, trash and yard waste generated by or at commercial units including, but not limited to, stores, offices, restaurants, and warehouses, governmental and institutional office buildings, agricultural operations, industrial and manufacturing facilities, hotels, motels, condominiums, apartments and other buildings or parcels of property that have more than four (4) residential units under one (1) roof, and other sites that do not generate residential solid waste.

Commercial Unit. A structure or building unit intended for or capable of being utilized for commercial business use including, but not limited to, stores, offices, restaurants, warehouses, governmental and institutional office buildings, agricultural operations, industrial and manufacturing facilities, hotels, motels, condominiums, apartments, and other buildings and parcels of property that have more than four (4) residential units under one (1) roof, and other sites that do not generate residential solid waste.

Commercial Container. Any front-load container, roll-off, roll-off compactor, rear load container, front load verti-pak compaction container or cart that is designed or intended to be mechanically or manually dumped into a loader-packer type truck.

Contractor Generated Waste. Bulk trash, bulk yard and construction demolition debris trash generated by builders, building contractors, privately employed tree trimmers and tree surgeons, landscape services and lawn or yard maintenance services and nurseries.

Construction Demolition Debris. Discarded materials generally considered to be not water–soluble and non-hazardous in nature including, but not limited to, steel, glass, wallboard and lumber 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 result from land clearing or land development operations for a construction project regardless of whether such debris derives from the construction of structures at a site remote from the construction or at the demolition project site. When construction and demolition debris is mixed with any other type of solid waste, the resulting solid waste will be classified as other than construction and demolition debris. The term also includes:

(a).  Clean cardboard, paper, plastic, wood and metal scraps resulting from a construction project,

(b).  Except as provided in Section 403.707(9) (j), Florida Statutes, unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps of pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste, and

(c). De minimus amounts of other nonhazardous wastes that are generated at construction or destruction projects if such amounts are generated consistent with the best management practices of the solid waste industry.

Curbside collection point. That area on or adjacent to the driveway within five feet (5’) of, and in no case more than ten feet (10’) from, the street or roadway and not on the driving surface of the street or roadway or in the drainage gutter or drainage swale or ditch.

Customer. A person in the corporate limits of the City obtaining residential or commercial collection service from a franchisee.

Designated Disposal Facility. The disposal facility(ies) designated by the City for receiving solid waste, recyclables, yard waste, white goods, and bulk waste or construction and demolition debris in accordance with the franchise agreement and in compliance with Chapter 2007-184, Laws of Florida

Designated Recycling Facility. The materials recovery facility(ies) designated by the City for recovery of recyclables.

Disposal Charges. The prevailing rates charged for disposal or processing of items at designated facilities.

Dry Run. The franchisee’s making a trip to a customer’s site to pull a roll-off container or commercial front load dumpster, but not pulling it due to it being blocked, overloaded or other reasons beyond the franchisee’s control and not the franchisee’s fault.

Exempt Waste. Bio-hazardous or bio-medical waste, household, commercial or industrial hazardous waste, sludge, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, used oil and tires, those wastes under the control of the Nuclear Regulatory Council and those other materials whose size, weight, or both are in excess of that allowed for bulk waste as defined herein.

Extra Pickup. Emptying a customer’s container on more than its normal sequencing occurring when a customer’s solid waste or recyclables generation requirements exceed scheduled service.

Franchise Agreement. The contractual agreement between the City and a franchisee containing, but not limited to, the following terms and conditions: a description of the service area; name of the person to perform commercial and residential collection, transport and disposal services in the service area; the term of the contract; the consideration to be paid for such contract, the method of payment, the services to be furnished, performance bond and the conditions thereof, insurance provisions, responsibilities and obligations of the parties thereto performance under which is subject to such rules and regulations promulgated by the City governing performance as are deemed necessary to implement the provisions of this Ordinance.

Franchise Fee. The amount of money which the franchisee shall be obligated to pay to the City for the contract rights as defined in this Ordinance and the franchise agreement. The franchise fee shall not be separately listed on any invoices.

Franchisee. A person or entity awarded a franchise for solid waste or recyclables collection services by the City to perform the work or services, or to furnish materials or equipment by performing collection, transport and disposal services under the provisions of a franchise agreement and this Ordinance. The contractor who is engaged with the City to perform residential solid waste and recyclables services is a franchisee consistent with the terms and conditions of this Ordinance.

Front Load or rear load Container. A large metal or plastic box for commercial solid waste or recyclables, usually of the two (2) cubic yard to eight (8) cubic yard size, which is lifted by mechanical means which containers will normally have plastic lids.