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Home My WebLink About03-022ORDINANCE NO. 03-22 AN ORDINANCE RELATZNG TO THE COLLEC-I-ZON OF SOL.ZD WASTE AND RECYCLABLE MATERIAL5 TN THE UNINCORPORATED AREA OF ST. LUCIE COUNTY; AMENDING CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCIE COUNTY CODE OF ORDINANCE5 AND COMPILED LAWS OF ST. LUC'"ZE COUNTY, FLORZDA, BY AMENDING 5ECq-ZON 1-9-30 (DEFINIT'ZONS) AND BY AMENDING 1-c)-31 (MANDATORY DISPOSAL OF SOLZD WASTE REQUIRED) BY AMENDING SECTION 1-9-33 (PENALTZES; AND BY AMENDING 5EGTZON 1-9-51 (DEFINITIONS) AND BY AMENDING SECTION 1-9-55 (PENALTIES); AND BY AMENDING SEC"I'ZON 1-9-91 (GENERAL AUTHORITY); PROVIDING FOR PENALTZE5 AND REMEDIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECq'IVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONER5 OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, IS HEREBY AMENDED BY AMENDING SECTION 1-9-30 AS FOLLOWS: Section 1-c)-30 DEFINITIONS. For the purpose of this article, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. "Board" means the board of county commissioners of St. Lucia County, Florida. "Clean debris" means any solid waste which is virtually inert and which is not a pollution threat to groundwater or surface waters and is not a fire hazard and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes uncontaminated concrete, including embedded pipe or steel, brick, glass and ceramics. ............ u', passages are deleted. Underlined passages are added. · .,0 I .-~4 "County" means St. Lucia County, Florida. "Garbage" means all kitchen and table food waste, animal or vegetable waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. "Hauler" means the person who currently collects solid waste os their primary business or occupation from the owner or occupant for disposal at o solid waste disposal or recycling facility. "Occupant" means the person or persons occupying property, either the owner or other than the owner of such property if such person occupies the property with the express or implied consent of such owner. "Owner" means the person or persons owning property. "Person" means any individual, partnership, firm, organization, corporation, association or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Recycling" means any process by which Solid Waste, or materials which would otherwise become solid waste, are collected, separated or processed and reused or returned to use in the form of raw materials or products. Recyclable materials" means newspapers, -"'-: ........ ~,~,n,,,~,,, ~,,~, ~, ~,~ ..... ~,,,~ those m~teH~ls which ~e c~p~ble of being ~ecycled ~nd which would otherwise be p~oc¢ssed o~ disposed of ~s 5olid W~ste "Solid waste" means ,,,~,~ u~, ~u~., ~, .~, 7~, ~ ,, ~,,, ~,~,, ~, ,~, -,,, ---:-'"* .... ' -- 9~vzrnment~ ~pcr~?~n3 sludge unregulated unde~ the Federal Cle~n W~te~ Act o~ Clean AiP Act, sludge f~om ~ w~ste ?~eatmen? woPks, w~te~ supply t~e~tment o~ ai~ pollution control f~cility o~ ga~b~ge, ~ubbish, ~efuse, Special Waste o~ othe~ discarded m~teHal, including solid, liquid, semisolid o~ contained g~seous material ~esulting f~om domestic, industrial, commercial, mining, agricultural, o~ governmental operations. Eecove~ed ma?e~i~ls as defined ~bove a~e not solid waste. ............ ~,, passages are deleted. Underlined passages are added. "Solid waste disposal facility" means any solid waste disposal management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. "Special waste" means solid waste that can require special handling and management, including but not limited to, white goods, whete waste tires, used oil, ,,~ttr¢~¢~, z .... :' .... lUl Ill I~,~1 4I lead-acid batteries, Construction and Demolition Debris, ash residue and Yard Trash and biological wastes. "Unsanitary nuisance" means the commission of any act or the giving of the permission for the commission of an), act or the keeping, maintaining, propagating or permitting the existence of any solid waste by any person by which health or life may be threatened or impaired or by which disease may be caused. The keeping of the following materials on any real property shall be considered an unsanitary nuisance; untreated and improperly treated human waste, dead animals or dangerous waste materials resulting from manufacturing processes or pollutant gases and noxious odors which are harmful to health or to human and animal life. The creation, maintenance or causing of any condition capable of harboring, attracting or breeding flies, mosquitos or other arthropods and rodents capable of physical harm and transmitting diseases directly or indirectly to humans shall also be considered an unsanitary nuisance. "White goods" means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. "Yard trash" means vegetative matter resulting from landscaping maintenance and non-comprehensive land clearing operations. PART B. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. L.UCI'E COUNTY CODE OF ORDTNANCES AND COMPTLED LAWS, TS HEREBY AMENDED BY AMEND'rNG SECI"J:ON 1-9-3! AS FOLLOWS: SECI-rON 1-9-31. MANDATORY DISPOSAL OF SOI...TD WASTE REQUIRED All solid waste generated within the county shall be disposed of exclusively at a solid waste disposal facility which is operated, maintained, or approved by the board except for those recyclable materials which the board authorizes for recycling either by the board or by private enterprise or specified in an interlocal recycling agreement between the board and one of the municipalities within the county. All yard trash set out for collection by a hauler ............ v" passages are deleted. Underlined passages are added. shall be separated from all other solid waste by the owner or occupant in accordance with state law. PART C. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS, I5 HEREBY AMENDED BY AMENDING SECTION 1-9-33 AS FOLLOWS: Section 1-9-33 PENALTIES FOR VIOLATION. The violation of any of the regulations, restrictions and limitations promulgated under the provisions of this section may be restrained by injunction, including a mandatory injunction and otherwise abated in any manner provided by law. Nothing contained in this provision shall prohibit or limit the Board's ability to enforce violation of these provisions by any other means authorized by law, PART D. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE CODE OF ORDINANCE5 AND COMPILED LAW5 OF ST. LUCIE COUNTY, FLORIDA, I5 HEREBY AMENDED BY AMENDING SECTION 1-9-51 AS FOLLOWS: Section 1-9-5:1 DEFINITIONS. The following words and terms shall have the following meaning, unless the context clearly otherwise requires: "Biological Waste" means Solid Waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. (::3 --.3 "Board" means the Board of County Commissioners of St. Lucia County, Florida. ............ ~,, passages are deleted. Underlined passages are added. 4 "Building" means any structure, whether temporary or permanent, built for the support, shelter or enclosure of persons, chattel or property of any kind. "Bulk Container" means any portable non-absorbent water-resistant container equipped with or without water-resistant lid or cover and approved by the County Administrator or his designee. "Collection" means the process whereby Solid Waste and Recyclable Materials are removed from Improved Property and transported to a 5olid Waste Disposal Facility or other solid waste management or recycling facility. "Commercial Property" means all Improved Property other than Residential Property. Construction and Demolition Debris" means discarded materials generally considered to be not water_-soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project o_~r fr th ati f fr ' * f om erenov ono a structure :--" ~ ~,t ....,,vt~ fr~,, the ........ : .... ..... ~v,,~t, .~t ..... ~, .~,,,~,,, ~,, project, and including rocks, soils, tree remains, trees, and other vegetative matter {land clearing debris) '¢;hich 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, ,, ..... ~,, ~t, ~t~, ~, will cause it to be classified as other than Construction and Demolition Debris. The term also includes: project; Clean cardboard, paper, plastic, wood and metal scraps from a construction (b) i~xcept as provided in section 403.707(12}(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 or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and ............ ~,, passages are deleted. Underlined passages are added. (c) 5e 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. "County" means St. Lucia County, a political subdivision of the State of Florida. "County Administrator" the chief executive officer of the County or the designee or designees of the County Administrator which Shall represent the County in the administration and supervision of this Ordinance "County Service Area" means the unincorporated area of the County, "Duplex" shall mean a Building that contains two Dwelling Units. "Dwelling Unit" shall mean a Building, or a portion thereof, which is lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "Fiscal Year" means that period beginning October 1'* of each year and ending on th~ 30th day of September of the subsequent year. "Hazardous Waste" means solid waste, or a combination of solid wastes, which, 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 o~ of, stored, treated, or otherwise managed. The term does not include human remains that are disposed o~ of by persons licensed under Chapter 470, Florida Statutes. "Improved Property" means all property within the County on which a Building or other improvements including, but not limited to, facilities providing retail electrical service to such property have been placed or constructed, which improvements result in such property generating Solid Waste or being capable of generating Solid Waste. "Land Clearing Debris" means vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. ~,~ ~.~ -13 m .k'-- o ............ u', passages are deleted. Underlined passages ore added. "Mobile Home" means manufactured homes, trailers, campers and recreational vehicles. "Owner-Contractor" means the Contractor, only if the 5olid Waste Collection 5ervic~ and Recyclable Materials Collection Service delivered by the Contractor is limited to property owned by the Contractor. "Public Entity Crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. "Recovered Materials" means metal, paper, 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 from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. "Recyclable Materials" means those materials d¢~r,~tcd by the,.v~,r ....... ,, r, ~ther ~'-,,,a,,- ~ ........ ~ "-*--:-'~ which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. "Recyclable Materials Collection ,Service" means the Collection of Recyclable Materials. "Recycling" means any process by which Solid Waste, or materials which would otherwise become solid waste, are collected, separated or processed and reused or returned to use in the form of raw materials or products. "Recycling Bin" means two twelve-gallon stackable bins suitable for temporary storage of Recyclable Materials, the first of which shall be green for newspapers, and the second of which shall be blue for other commingled Recyclable Materials. ............ u" passages are deleted. Underlined passages are added. 7 "Recycling Container" means (a) a 90-gallon hinged lid container, (b) a front end load container with a storage capacity between ! cubic yard and 8 cubic yards, or (c) such other storage container as may be mutually agreed upon among the County, the Contractor and any individual customer. "Recycling Minibin" means a bin with a volume of not less than ten gallons that is suitable for temporary storage of Recyclable Materials. "Regulated Contractor" means a Collection contractor that has a current Service Agreement with the County. "Residential ProperS/' means each parcel of Improved Property on which a Single- Family Residence, Mobile Home, Duplex or Triplex is located; provided however, that "Residential Property" does not include any parcel of property on which a Mobile Home is located that is (a) classified as either "RMH-§" or "PU~)" under the County's zoning regulations or (b) classified as "PU~)" or as a conditional use under R-4A' or "R-§" under the I fth City fl: _,_A~:,,:__,_~_:~.,_ .... ~,,,~ ~,, .... o,,~ ..... ~__~,_ zoningreguotionso e o ortPierce.~,~,,,~,,,,~, ~,,,,,,-~ ~, ,,,~, ~,,~, ,,,e "Roll-Off Container" means any non-absorbent water-resistant container equipped with or without water-resistant lid or cover and approved by the County Administrator or hi~ designee. "Rural Service Area" means that portion of the unincorporated area of the County located outside of the Urban Service Area, "Service Agreement" means an agreement between the Board and one or more Collection contractors on such terms as the Board deems appropriate. Such an agreement shall be in writing and provide for either the exclusive or non-exclusive Collection of 5olid Waste and Recyclable Materials in one or more of the Service Areas designated by the Board. "Service Area" means areas in which a Regulated Contractor is authorized to provide exclusive service to Residential Property pursuant to a 5olid Waste Collection Agreement. "$ingle-Family Residence" shall mean a Building that contains a single Dwelling Unit. "Solid Waste" means sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution ...... ""~ ..... ~ passages a~e deleted. UndeHined passages a~e added. 8 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. Thc tcr,,m do¢~ not :--,..~- ,~ .... ~ .... ~,/_~,_ __ n ........ ~ "-*--:-~ Recovered materials as defined above are not solid waste. "Solid Waste Collection Service" means the Collection of 5olid Waste. "Solid Waste Disposal Facility" means any solid waste management facility which is the final resting place for 5olid Waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. "Special Waste" means 5olid 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 and Yard Trash and biological waste. 5peeiet "Standard Container" means any commonly available light gauge steel, plastic, or galvanized water-resistant receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted water-resistant top or lid and handle(s), or n heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. A standard container, should not exceed 32 gallons in capacity, unless the Contractor implements an automated or semi-automated collection system, with the prior written approval of the County, requiring the use of some other standard receptacle compatible with the Contractor's uniform equipment. "Triplex" shall mean a Building that contains three Dwelling Units. "Urban Service '~'n~n¢orporatcd Area" means that portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picas Road; then run westerly along Picas Road to Gentile Road; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 9§; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along C-24 Canal to ~Tuliette Avenue; then run westerly along ,Tuliette Avenue to Salvatierra Boulevard; then run ............ u,, passages are deleted. Underlined passages are added. 9 southerly along Salvatierra Boulevard to Tanforan boulevard; then run easterly along Tanforan Boulevard to Znterstate 95; then run southerly along Tnterstate 95 to the point at which it enters Martin County. "White Goods" means inoperative and discorded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. "Yard Trash" means vegetative matter resulting from landscaping maintenance and non-comprehensive land clearing operations. PART E. CHAPTER 1-9, GARBAGE, TRASH AND REFUSE, OF THE ST. LUCTE COUNTY CODE OF ORDINANCES AND COMP]:LED LAWS, TS HEREBY AMENDED BY AMEND];N~ SEC33:ON 1-9-55 AS FOLLOWS: Section 1-9-55 PENALTIES FOR VTOLATZON. The violation of any of the regulations, restrictions and limitations promulgated under the provisions of this section may be restrained by injunction, including a mandatory injunction and otherwise abated in any manner provided by law. Nothing contained in this provision shall prohibit or limit the Board's ability to enforce violation of those provisions by any other means authorized by law. PART F. CHAPTER 1-9, 6ARBA6E, TRASH AND REFUSE, OF THE ,ST. LUCI'E COUNTY CODE OF ORDTNANCES AND COMPTLED LAWS, TS HEREBY AMENDED BY AMEND'rN6 5ECT'J:ON 1-9-91 AS FOLLOWS: Section 1-9-91. 6ENERAL AUTHORTTY. (a) The board is hereby authorized to enter into service agreements with any qualified person or entity to provide for the exclusive collection of solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste ............ u" passages are deleted. Underlined passages are added. 10 treatment works, water supply treatment plant, or air pollution control facility) and recyclable materials, from residential property within specific service areas. (b) The board is hereby authorized to enter into service agreements with any qualified person or entity to provide for nonexclusive collection of solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) and recyclable materials, from commercial property throughout the unincorporated area of the county and from residential property located outside of the urban unincorporated area. (c) Service agreements may require payment of o franchise fee os set by the Board to compensate the county for the cost of administration, supervision and inspection rendered for the effective performance of regulated contractors and shall include such other terms and provisions as the board may deem necessary or advisable. PART ~. SEVERABTL]:TY. Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART H. ALTERNATZVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the welfare and the inhabitants of the County shall be liberally construed to effect the purposes hereof. PART 'r. EFFECT'J:VE DATE. A certified copy of this ordinance shall be filed with the Department of 5tare by the Clerk of the Board of County Commissioners of St. Lucia County within ten days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 175.66(?), Florida Statutes. ............ u" passages ar'e deleted. Unde,lined passages a~'e added. PART ~T. FII,I:NG WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART K. ADOPTION After motion and second, the vote on this ordinance was s follows: PART L. Chairman Cliff Barnes Vice Chairman Paula A. Lewis Commissioner Frannie Hutchinson Commissioner ,Tohn D. Bruhn Commissioner Doug Coward CODIFICA'I'ION AYE AYE AYE AYE AYE Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts G to L shall not be codified. PASSED AND DULY ADOPTED this ATTEST: Depute'Clerk APPROVED AS TO FORM AND ............ u,, passages are deleted. Underlined passages are added. 12