Backup Documents 10/27/2009 Item #17E
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
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To: Clerk to the Board: Please place the following as a:
~ Nonnallegal Advertisement
(Display Adv., IDeation, etc.)
o Other:
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Originating Deptl Div: Solid Waste DepartmentlPUD
Person: Daniel R. Rodriguez, MBA, CFM Date: 10/1/09
Petition No. (If none, give brief description): NA
Petitioner: (Name & Address): NA
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) NA
Hearing before X BCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing). 10/27/09
Newspaper(s) to be used: (Complete only if important):
~ Naples Daily News 0 Other
Proposed Text: (Include legal description & common location & Size:
o Legally Required
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-50, THE "COLLIER
COUNTY NON-RESIDENTIAL RECYCLING ORDINANCE," BY AMENDING
SECTION ONE "INTENT AND PURPOSE", SECTION TWO "TITLE AND
CITATION" TO "THE COLLIER COUNTY RECYCLING ORDINANCE", SECTION
THREE "APPLICABILITY", SECTION FIVE "DEFINITIONS", SECTION SEVEN
"MINIMUM STANDARDS FOR RECYCLING ON NON-RESIDENTIAL PROPERTY";
CREATING SECTION EIGHT "MINIMUM STANDARDS FOR RECYCLING ON
MULTI-FAMILY PROPERTY", SECTION NINE "MINIMUM STANDARDS FOR
RECYCLING AT TEMPORARY EVENTS", SECTION TEN "MINIMUM STANDARDS
FOR RECYCLING AT VENUE FACILITIES"; AMENDING SECTION ELEVEN
"EXEMPTIONS FROM RECYCLING STANDARDS", SECTION TWELVE
"EXTRAORDINARY AND INNOVATIVE RECYCLING", SECTION THIRTEEN
"AWARDS PROGRAM FOR RECYCLING ON NON-RESIDENTIAL PROPERTY,
MULTI-FAMILY PROPERTY, TEMPORARY EVENTS AND AT VENUE
FACILITIES", SECTION FOURTEEN "RECYCLING EDUCATION AND
PROMOTION PROGRAM", SECTION FIFTEEN "EVALUATION OF NON-
RESIDENTIAL, MULTI-FAMILY, TEMPORARY, EVENT AND VENUE FACILITY
RECYCLING PROGRAMS"; CREATING SECTION SEVENTEEN "TEMPORARY
EVENT AND VENUE FACILITY COLLECTION SERVICE AGREEMENTS";
AMENDING SECTION EIGHTEEN "STANDARDS FOR RECYCLING
CONTRACTORS", SECTION NINETEEN "SELF-HAULING", SECTION TWENTY
"COUNTY RECYCLING CENTERS AND HAZARDOUS WASTE COLLECTIONS",
SECTION TWENTY-ONE "VARIANCES", SECTION TWENTY-TWO
"INSPECTIONS, ENFORCEMENT, AND PENALTIES", DELETING SECTION
TWENTY-THREE "APPEALS"; PROVIDING FOR "CONFLICT AND
SEVERABILITY"; PROVIDING FOR INCLUSION IN THE COUNTY'S CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: NA
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o No If Yes, what account should be charged for advertising costs:
*Q{o~lbt1
r
41LJd- tJ9
Date
DISTRIBUTION INSTRUCTIONS
A, For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager, The Manager's office will distribute
copies:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
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FOR CLERK'S OFFICE USE ONLY:
Date Received:
Date of Public hearing: ~ Date Advertised: 10 l,to I 09
ulZE
ORDINANCE NO,
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-50,
THE "COLLIER COUNTY NON-RESIDENTIAL RECYCLING
ORDINANCE," BY AMENDING SECTION ONE "INTENT AND
PURPOSE", SECTION TWO "TITLE AND CITATION" TO "THE
COLLIER COUNTY RECYCLING ORDINANCE", SECTION THREE
"APPLICABILITY", SECTION FIVE "DEFINITIONS", SECTION
SEVEN "MINIMUM STANDARDS FOR RECYCLING ON NON-
RESIDENTIAL PROPERTY"; CREATING SECTION EIGHT
"MINIMUM STANDARDS FOR RECYCLING ON MULTI-FAMILY
PROPERTY", SECTION NINE "MINIMUM STANDARDS FOR
RECYCLING AT TEMPORARY EVENTS", SECTION TEN "MINIMUM
STANDARDS FOR RECYCLING AT VENUE FACILITIES";
AMENDING SECTION ELEVEN "EXEMPTIONS FROM RECYCLING
STANDARDS", SECTION TWELVE "EXTRAORDINARY AND
INNOVATIVE RECYCLING", SECTION THIRTEEN "AWARDS
PROGRAM FOR RECYCLING ON NON-RESIDENTIAL PROPERTY,
MULTI-FAMILY PROPERTY, TEMPORARY EVENTS AND AT VENUE
FACILITIES", SECTION FOURTEEN "RECYCLING EDUCATION AND
PROMOTION PROGRAM", SECTION FIFTEEN "EVALUATION OF
NON-RESIDENTIAL, MULTI-FAMILY, TEMPORARY, EVENT AND
VENUE FACILITY RECYCLING PROGRAMS"; CREATING SECTION
SEVENTEEN "TEMPORARY EVENT AND VENUE FACILITY
COLLECTION SERVICE AGREEMENTS"; AMENDING SECTION
EIGHTEEN "STANDARDS FOR RECYCLING CONTRACTORS",
SECTION NINETEEN "SELF-HAULING", SECTION TWENTY
"COUNTY RECYCLING CENTERS AND HAZARDOUS WASTE
COLLECTIONS", SECTION TWENTY-ONE "VARIANCES", SECTION
TWENTY-TWO "INSPECTIONS, ENFORCEMENT, AND PENALTIES",
DELETING SECTION TWENTY-THREE "APPEALS"; PROVIDING
FOR "CONFLICT AND SEVERABILITY"; PROVIDING FOR
INCLUSION IN THE COUNTY'S CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 403.706(21), Florida Statutes, authorizes local governments to enact ordinances that require
the separation and collection of Recyclable Materials; and
WHEREAS, the Board of County Commissioners (Board) enacted the Collier County Non-Residential Recycling
Ordinance No. 2004-50, which provides for the collection of recyclable materials generated on non-residential property;
and
WHEREAS, on December 5, 2006 the Board of County Commissioners adopted the Integrated Solid Waste
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Management Strategy, which includes source reduction, material reuse and recycling options; and
WHEREAS, the Board of County Commissioners wishes to increase recycling in Collier County because recycling will
save energy and natural resources, provide useful products, and prove economically beneficial; and
WHEREAS, the Board also wishes to continue to increase recycling in Collier County because recycling will
help ensure that the valuable and limited disposal capacity of the Collier County Landfill is conserved; and
WHEREAS, the Board wishes to implement a more extensive recycling program; and
WHEREAS, the Ordinance 2004-50 does not specifically address recycling on multi-family property at
temporary events; or at venue facilities where temporary events may be held; and
WHEREAS, the Board wishes to further promote the conservation of valuable landfill disposal capacity by
requiring the availability of recycling on multi-family property, at temporary events and at venue facilities; and
WHEREAS, the Board finds it necessary for the protection of public health, safety and welfare of Collier County
residents to require the recycling of recyclable materials generated on non-residential property at temporary events and
venue facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, as follows:
SECTION ONE: Intent and Puroose.
It is the intent and purpose of this Ordinance to promote &recycling by: (a) requiring businesses . temporarv
events. venue facilities. and institutions in HfliHeSFJ30ratea Collier County to segregate and recycle as many designated
Rrecyclable Mmaterials as possible J3raetieable; (b) reauirim! multi-family prooerties to orovide collection containers and
recvcline: services to residents: (c) -establishing educational programs concerning &recycling; fejJQ} providing incentives
and awards programs that will make Rrecycling more attractive to the businesses. multi-familv orooerties. temoorary
events. venue facilities. and institutions in l:l:fI.iFleoF}3sratea Collier County; fdj..ftLlimitiRg tAe regulater)' i'FAfl8et of tAis
OrdiF!aHee SF! BHsiRess; and fe1 ill..ehminating potential conflicts between the requirements of this Ordinance and the
requirements of the County's Land Development Code. By utilizing a balanced combination of incentives and regulations,
the Board intends to accomplish its &recycling goals while minimizing the regulatory requirements in this Ordinance. The
Board also intends to provide sufficient time for tA8 8HslResses. multi-familv orooerties. temporary events. and venue
facilities. afIe1 iRstitHtisRs in Collier County to comply with the County's new programs.
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SECTION TWO: Title and Citation,
This Ordinance shall be known and maybe cited as the "Collier County}ToR Resielefltial Recycling Ordinance".
SECTION THREE: Applicabilitv.
The orovisions of +!his Ordinance shall aeplv to. and be enforced in. be ap13lieasle sRI)' '::ithiA the
unincorporated areas of Collier County. and in any municioalities within Collier County that agree to such apolication and
enforcement. bv inter-local agreement between the eovernin2: bodies of the municipality and the County.
SECTION FOUR: Construction and Interpretation.
This Ordinance shall be liberally construed in order to effectively carry out the intent and purpose of the
Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, rule, regulation or
other authority, this Ordinance refers to the most current version, including and incorporating any amendments thereto or
renumbering thereof.
SECTION FIVE: Definitions.
For the purposes of this Ordinance, the definitions contained in this g~ection ~ shall apply unless otherwise
specifically stated. When not inconsistent with the context, words used in the present tense include the future tense, words
in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always
mandatory and not merely discretionary.
Pursuant to Section 403.7031, Florida Statutes, all definitions in this g~ection ~ shall be construed in a manner
that is consistent with the definitions contained in Section 403.703, Florida Statutes. In the case of any apparent conflict
or inconsistency with the definitions contained in Section 403.703, Florida Statutes, the statutory definition shall apply.
A. Board means the Board of County Commissioners of Collier County, Florida.
B. Certificate of Ooeration means the license that a Gfontractor must obtain from the County before it can
Gfollect Rrecyclable Mmaterials in the County.
C. Code Enforcement Board means the Collier Countv Code Enforcement Board. which may act as the
Collier County nuisance abatement board from time to time. and which is authorized to hear and decide cases involvinll
violations of any County Code or Ordinance. eFltity bRat is res]38Rsil31e fer eRfereiRg tRe COl:l:flty's 8FsiRaflees pHFSliaEt ta
Chaptor 2, Di',lsioH II, .ftlle Cede efLaws ""d OrdiH""se, efCollier COUHt)', FloRde.
D. Code Enforcement Officer means any authorized allent or emolovee of the County whose duty it is to
assure code and ordinance comoliance.
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j}&. Collect means to gather or pick up Rj:ecyclable Mmaterials for transport and delivery to a Rrecycling
Ffacility.
RE. Contractor means a PQerson who bf.ollects or transports R[ecyclable Mmaterials.:. frsm tTSR Residential
Prep.Fly for pre fit.
!',G. Countv means Collier County, Florida.
(hH. County Mana2:er means the County Manager of Collier County or the County Manager's designee.
MI. Customer means an GQwner or Ggenerator that enters into a g.~ervice Aweement with a bf.Ontractor
for &recycling services.
II. De Minimis Amount means the amount of ~golid ~Waste which lawfully may be included in separated
R[ecyclable Mmaterials. A De Minimis Amount of Solid Waste is 10 percent, by volume or weight, whichever is more
restrictive, as determined by a measurement or a visual inspection by the County Manager.
J,K. Dwelling means any building, or part thereof. intended, designed, used, or occupied in whole or in part
as the residence or living quarters of one or more persons, permanently or transiently, with cooking and sanitary facilities.
Such term shall not mean a room in a motel or hotel.
KL.. GarbalZe means all kitchen and table food waste, and animal or vegetative waste that is attendant with
or results from the storage, preparation, cooking, or handling of food materials.
:hM. Generator means each business, multi-family property. temporary eyent oTlzanizer. yenue facility. not-
for-profit organization and institution (i.e., all P-Qersons except indiYiduals) that generates one or more Rrecyclable
Mmaterials as a result of its activities.:. 8H }JSH ResiseBtial PTElflerty.
N. Hazardous Waste means solid waste. or a combination of solid wastes. which. because of its auantity.
concentration. chemical or physical characteristics. may cause or silmificantlv contribute to an increase in mortality or an
increase in serious irreversible or incapacitatinlZ reversible illness. or may Dose a substantial present or potential hazard to
human health or the environment when improoerly transported, disposed of, stored. treated. or otherwise manalZed.
Hazardous waste includes anv material or substance identified as a hazardous waste or hazardous substance in the Florida
Administrative Code. Florida Statutes. or other aoolicable laws.
MO Materials Recoverv Facilitv means a .g.~olid W~aste management facility that provides for the
extraction from ~.g.o1id }YWaste of Rrecyclable Mmaterials, materials suitable for use as a fuel or soil amendment, or any
combination of such materials.
w.~. Multi-Familv Prooertv means a group of three or more dwelling units within a single conventional
building, attached side by side, or one above another, and wherein each dwelling unit may be individually owned or leased
initially on land which is under common or single ownership.
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GQ. Non-Residential Prooertv means real property tfl.at.--i..s located in aFl b1F1iFlSeFf18ratea area of Collier
County and used primarily for: (1) commerce, including but not limited to offices, stores, Rrestaurants, motels, hotels,
recreational vehicle parks, theaters, and service stations; (2) not-for-profit organizations; and (3) institutional uses,
including but not limited to governmental facilities, churches, hospitals and schools. The term }TeFl Residefltial Pi'Bperty
sflall Flat insll:lae aflY ResidentiallJt:.1its aT HflBe'.'elepeEl. laFlcl
1')S. Ordinance means this County Ordinance No. 2004 -50, as amended.
Q.s.. Onlanic Waste means Ggarbage orftfHi other similar putrescible S~olid W~aste, including source
separated food waste and food-soiled paper. Organic W~aste does not include yard trash.
R:I. Owner means a PQerson who owns Wnon-Rresidential PRroperty. multi-family property. or a venue
facility. An f>Qwner also may be a Ggenerator.
SU. Person means any and all persons, natural or artificial, including any individual, firm, partnership, joint
venture, public or private corporation, or other association, or any combination thereof, however organized; any county;
and any local, state or federal governmental agency.
+y. Primarv Recvclable Material means a Rrecyclable Mm.aterial that is a PerSOH generategs OR }JeR
ResieeRtial Pre}3erty in an amounts greater than 96 gallons per month.
-YW. 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 S~olid .w~aste 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 Mm.aterials as described above are not S~olid .w~aste.
~.x. Recovered Materials Processine Facility means a facility engaged solely in the storage, processing,
resale, or reuse of Rrecoyered Mmaterials.
wy. Recvclable Materials means those materials that are capable of being R:recycled, which would
otherwise be processed as S~olid .w~aste, and are designated by the Board pursuant to Section Six 6 of this Ordinance.
*2.. Recvclable Materials Container means any container for the collection of recvclables. includim! but not
limited to. recyclinl! bins. recyclinl! carts. dumpsters. roll-offs. or compactors. B8J(, tae, 8T ether eeRtaiHer that is made of
metal, hard plastic or other similar material. Containers must be constructed in a manner that protects property and the
environment from leakal!e. spillal!e. and overflow of anv tvoe ofrecvclable materials. aHa is sl:litBBle fer tA8 eelleetisH of
Ree)"clalJle Materials.
')j..AA. Recycline means any process by which S~o1id W~aste, or materials which would otherwise become
8~olid W~aste, are collected, separated, processed~ and reused or returned to use in the form of Taw materials or products.
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ZBB. Recycling Facilitv means any facility that recycles &recyclable Mmaterials, including but not limited to
buy back centers, drop-off centers (both permanent and mobile), designated County &recycling feenters, Mmaterials
Rrecovery l<facilities and &recovered Mmaterials PgTocessing f':facilities.
A-ACC. Residential Unit means a single-family residence, or duplex residence,:. Bna a Ml:llti Family ResideRee.
:Q.BDD. Restaurant means any bar, tavern or other eating or drinking establishment where food or beverages are
prepared, served, or sold for profit, either for immediate consumption on or in the vicinity of the premises, or called for or
taken out by customers, or prepared prior to being delivered to another location for consumption.
GGEE. Self-Hauling Certificate means a written certification by an GQwner or gGenerator that attests
eSFl.HfffiiFlg that the GQwner or Ggenerator is collecting and transporting R:recyclable Mmaterials to a R:recycling :f:facility.
f)I;)FF. Service AQJ'eement means a written agreement between a ~ontractor and an flQwner or Ggenerator
concerning the collection of R:[ecyclable Mmaterials.
BEGG. 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 control facility, or Ggarbage, rubbish, refuse,
special waste, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from
domestic, industrial, commercial, mining, agricultural, or governmental operations. Solid waste includes but is not limited
to biololZical waste. biomedical waste. bulk waste. C&D debris. commercial waste. disaster debris. electronic eauioment.
garbage. hazardous waste. land clearin!! debris. oreanic waste. radioactive waste. recyclable materials (until thev are
recycled), reiects. residential waste. residue. rubbish. soecial waste. tires. white !!oods. and yard trash.
~HH. Soecial Ma!!istrate means a oerson authorized by the Board to hear and decide cases inyolvin!!
violations of any County codes and lor ordinances.
II Substantial Hardshio means a demonstrated economic, technological, legal, or other type of hardship.
11 Temoorary Event means any event reauirin!! (1) a oennit or license nursuant to Chanter 10 of the Code
of Laws and Ordinances of Collier County. Florida; or (2) a permit pursuant to Section 5.04.05 or 5.04.06 of the Collier
County Land Develonment Code: Of (3) any event recuirin!! a oennit or license from the Health or Fire Denartments.
KK Venue Facility means any buildin!! or other oermanent faciHty used for temoorarv events. A venue
facility may be owned by the government. a oerson. or a non-orofit of!!anization.
SECTION SIX: De,Ienatlon of Recvclable Materials.
For the purposes of this Ordinance, R:[ecycIable Mmaterials means paper, cardboard, glass, plastic (Nesnumbers.
through 7), aluminum, and ferrous metal. The Board may designate other materials (e.g., flQrganic W}:Yaste) as
R:[ecyclable Mmaterials if the Board determines that a market exists for such materials and a cost-effective system is in
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place for R;:ecycling such materials. Materials shall be deleted from this list of R;:ecyclable Mmaterials if the Board
determines that a market no longer exists or a cost-effective system is no longer in place for Rrecychng such materials.
SECTION SEVEN: Minimnm Standards for Recvcline on Non-Residential Property.
A. Each GQwner shall: (I) provide R;:ecyclable Mmaterials bfontainers on the GQwner's Nnon-
&residential PnToperty so the Ggenerators located on the QQwner's Nnon-R[esidential Pnroperty may recycle all of the
&recyclable Mmaterials that the Qgenerators have designated pursuant to Subsection 1Seven ~B., below; and (2) arranee
for -Gfollection services of recyclinl! --tfl.e materials placed in the Rrecyclable Mmaterials bfontainers or self-haul and
transport those materials to a R;:ecycling I'facility.
B. Each Ggenerator shall Eiiligently allemrt to recycle all of the PJ1rimary R;:ecyclable Mmaterials that it
produces. At least once each year, each Ggenerator shall: (1) consider the list ofR[ecyclable Mmaterials designated by
the County pursuant to Section eSix of this Ordinance; -(2) consider the types of Rrecyclable Mmaterials generated by its
activities on Nnon-Rresidential l2Rroperty; (3) identify the l2grimary &recyclable Mmaterials that the Ggenerator produces;
and (4) identify (i.e., designate) the PJ1rimary R;:ecyclable Mmaterials that the Ggenerator will must recycle. Thereafter,
each Ggenerator shall separate the designated Pgrimary R:recycIable Mmaterials from the Ggenerator's g~olid W}!:aste,
and the Ceflel'atar shall place the designated PRrimary Rrecyclable Mmaterials in &recyclable Mmaterials Gf.ontainers
provided for collection.
c. If a Ggenerator's activities do not produce any Pnrimary R{ecyclable Mmaterials, the Ggenerator shall
designate and recycle one or more &recyclable Mmaterials in the manner described in Subsection 1Seven .B, above, unless
the Ggenerator is exempt pursuant to Subsection.g Eleven .A, below.
D. Each Ggenerator shall coordinate with the GQwner of the Nnon-&residential PQroperty where the
Ggenerator's activities occur, and each GQwner shall coordinate with the Ggenerator_5-on its Nnon-R:residential PQroperty,
to ensure that the Ggenerator's &recyclable Mmaterials are taken to a &recycling Iifacility.
E. No Peerson shall dispose of RrecycJable Mmaterials that have been separated from S~olid W}!:aste pursuant
to tlie J3revisiaRs ef Subsections 1- Seven .B or 1-Seven .C, above.
F. No Peerson shall place S~olid W~aste. or hazardous waste in a R{ecyclable Mmaterials bfontainer.
G. No Pgerson shall cause litter or a nuisance. Each .J2gerson shall take all necessary steps to ensure that their
own &recycling activities do not cause litter or a nuisance. Each Pgerson shall immediately pick up any litter and
eliminate any nuisance caused by their ewH-activities.
H. Each GQwner shall, upon request, provide the County Manager with a copy of a S~ervice ^weement,....QI
g~elf~hauhng Gf.ertificate with receipts from a recvchnl! facilitv, ar ether aee\::l.meRt (e.g., reeeiJ3t frem a ReeyeliRg
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Facilit)'l demonstrating that the I'grimary Horecyclable Mmaterials generated on the GQwner's Nnon-Horesidentiall'groperty
are being taken to a R[ecycling f.'facility. The g~ervice A~greement,....QL -8~elf-J.lhauling ~ertificate, Sf ether aeeHFFleFlt
shall be available for inspection by the County Manager at the GQwner's Nnon-Rfesidential I'groperty durinlL -normal
business hours. The GQwner alse shall mail or deliver these documents to any Ggenerator located on the GQwner's Wnon-
Rfesidentiall'groperty, within fourteen (14) days, if the Ggenerator requests the documents.
I. Each Ggenerator shall, upon request, provide the County Manager with a copy of a g~ervice
A~eement, or a .g~elf-Hhau1ing Gfertificate with receipts from a recvc1im! facility. or alAer Eleel:lmeflt (e.g., reeeiJ3t frem
a ReeyeliHg FacilitJ,) demonstrating that the Ggenerator's PRrimary Rrecyclable M!!laterials are being taken to a
&recycling f.'facility. The .g~ervice Aweement,..QL -&~elf-Hhau]ing ~ertificate, and --er-other document~ shall be available
for inspection by the County Manager at the G-generator's W!lon-Rresidential p};!roperty during the Ggenerator's normal
business hours.
J. An GQwner may sailsfy its obligations under this Ordinance by performing the required activities itself
or by using the services of a bfontractor or other PRerson who complies with the requirements of this Ordinance.
However. notwithstanding anything else contained herein. the GQwner shall be responsible for ensuring and demonstrating
its compliance with the requirements of this Ordinance.
K. A Ggenerator may satisfy its obligations under this Ordinance by performing the required activities
itself or by using the services of a ~ontractor or other FRerson who complies with the requirements of this Ordinance.
However. notwithstanding anything else contained herein. each Ggenerator shall be responsible for ensuring and
demonstrating its compliance with the requirements of this Ordinance.
SECTION EIGHT:
Minimum Standards for Recycline: on Multi-Familv ProDertv.
A. Each owner shall: (1) orovide recyclable materials collection containers on the owner's multi-family
orooertv: and (2) arram!:e for recvcline collection services.
B. Each owner shall disolav orominent silWaee indicatin!! the location of recvclin!! collection container
locations.
C. Each owner shall orovide orinted recvclln!! education informational materials to residents at a minimum
of two times oer Year.
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D. No person shall dispose ofrecvclable materials that have been seoarated from solid waste.
E. No person shall place solid or hazardous waste in a recycling: collection container.
F. Each owner shall take all necessary steps to ensure that recycling activities do not cause litter or a
nuisance. Each owner shall immediately nick-up any litter and eliminate any nuisance caused bv any recycling: activity.
G. Each owner shall annuallv provide the Collier County Solid Waste Management Department current
contact information for all multi-family orooertv.
H. The County's exclusive franchised contractor for the collection of residential orogram recvclables
includes the collection of oroe:ram recvc1ables e:enerated bv those customers that occupy multi-family residences. even if
the customers receive non-curbside residential collection service.
SECTION NINE:
Minimum Standards for Recvcline: at TemDorarv Events.
A. Any oerson seeking a oermit for a temporary event within Collier County shall complete and submit
with their permit aoplication the Solid Waste Management Department's Temporary Special Event Recycline Plan. In
addition. promotional literature. signage and temporary event announcements shall contain information about recvclimr at
the temporary event.
B. The Solid Waste Management Department shall review the Temporary Special Event Recvcling Plan and
determine whether the plan includes reasonable measures to oromote recycling. esoeciallv for naner. cardboard. and
beverage containers made ofnlastic. glass and aluminum.
C. The County Manaeer shall be allowed to attend the temporary event at no chare:e. solely for the nuroose
of assisting with and verifyine: the recycling efforts.
A.D. If the temoorary event will not generate more than one ninety-six (96) e:allon container ofnon-seoarated
solid waste for disoosal. a administrative variance may be reauested from the reauirements to collect recyclable materials.
The County Manager will establish a orocedure for the consideration of an administrative variance from the reauirements
in this section if the County Manager concludes a e:ood faith effort has been made to satisfy the reauirements herein.
E. The oermittee shall provide at least one recvclable materials collection container for each solid waste
container orovided at the temoorary eyent. The recvclable materials collection containers shall be clearly labeled and
placed in the same locations as each solid waste container. The permittee shall arrange for the contents of the recyclable
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materials collection containers to be delivered to a recycline center or similar facility.
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F. If the permittee self-hauls recyclables from temoorary events to a recyclinll center or similar facility.
the permittee shall deliver a cony of the recyclinl! center/facility receipt to the Solid Waste Manaeement Department by
fax. email or mail within 30 days of the event.
G. All temporary event omanizers are encouraQ:ed to hold a ore-event recyclinQ: workshop for vendors and
volunteers.
SECTION TEN:
Minimum Standards for Recvcline- at Venue Facilities.
A. The owner of each venue facility shall orepare and implement a Temporary Special Events Recyclinll
Plan. The Temporary Special Events Recycling: Plan shall reauire recycling: during: each temporary event and other lawful
uses of the venue facility. The Temporarv Special Events Recyclinll Plan must be submitted ( ) annuallv to the Solid
Waste Manag:ement Denartment. The County Manag:er shaIl review the Temporary Special Event Recvcling: Plan to
determine whether the plan includes reasonable measures to encoural!e recvc1inl!. At a minimum. the Temporary Special
Event Recycline Plan shall be deshmed to promote recyc1ine of naper. cardboard. and beveraee containers made of olastic.
glass. or aluminum. The owner of a venue facility shall be responsible for ensurinQ: that the Temporary Special Event
Recvclinl! Plan is implemented when the venue facility is used.
B. Venue facility manal!ers are encoural!ed to hold a ore-event recyclimr workshop for vendors and yolunteers.
SECTION EICHT ELEVEN:
Exemotions from RecvcIinl! Standards...
A. }Tet?:. ithstafleii-Ag afl)" et.1ger J3reyisiefl hereifl, a GeAerater shall ee e1:eFfli3t frem bHe reEjuiremeFlts in Seetien '7
ef this OniiAaflee if the CeneFater uses ne FRere 1Rafl ene eentaiAer fer the cii.sJgesal sf its Selia ';~.'aste, tRe eeHtai-Aer's
e8f)aeitj' is no greater 1Rafl ninety sin (96) gallefls, afl8 the eeAtents sf bRe 6sRtainer are eelleetea FJ8 FRBre tRan 1\', s (2)
times J3er ',\'eel:. An exemption may be allowed where compliance with the ordinance would result in unnecessary hardship
to the business and the need for an exemption would not be shared g:enerallv by other businesses. All exemptions are to be
construed as temporary. for a period of one (J) year. and shall be considered withdrawn on the first to occur of (a) a
chanl!e in the condition(s) which prompted the exemption. or (b) the exoiration of the time oefiod granted in the
exemotion. Should an exemotion be withdrawn because the time period has expired. an applicant may aoply for renewal of
the exemotion.
B. Notwithstanding: any other provision herein. an owner shall be exemot from the reauirements of this
Ordinance if: 1 all of the enerators on the owner's non-residential ro ert are exem t from or not re uired to com I
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with the provisions of this ordinance or (2) orimary recvclable materials are not being generated bv any activities
occunine on the owner's non-residential orooertv.
.Q.!:.. Notwithstanding any other provision herein, a Ggenerator shall not be required to recycle a Rrecyclable
Mmaterial if the G-generator demonstrates to the County Manager that there is no collection service or et.}"Ier east effeeti\'e
system available for &recycling such material.
C. Net\vitAst8:fl.EHng afl)' otAer }3l'e\'isieH hereiFl, an OWHcr sHall 8e eneFFlflt Hem tAe reql:liremeFlts in
SeebeR '7 off8i5 Ordinanee if: (1) all aftAe Ceneraters en tl:Je Q',"F1er's }]ElFt Resiael'ltial ProJ3erty are e](eFfll3t Hem aT Flot
reEJ.l:lirea to eOFRfllj' ';"itA th.e pfe"lisioflS sf SeatieR 7; aF (2) Primary Reeyelal3Ie MateFials are Rot Being geHeFatea 13)' 8:fI.)'
aeti.;ities seeumRg Sf! the O\YRer'S }TSR ResiaeHtial PFepeFty.
SECT/ON NlNETWELVE: Extraordinarv and Innovative Recvclinl!.
A. All QQwners.. 3fKi-..Ggenerators, and any verson orQ:anizinQ: a temoorary event. including those who are
exempt from some or all of the requirements in this Ordinance, are encouraged to recycle all of their &recyclable
Mmaterials,:, eS}3eeiall)' alblffiiRHffi eatls, }3Elfler, 8:fI.a ean:1Geara.
B. Owners... flfld....Ggenerators. and any verson orQ:anizinQ: a temoorary event are encouraged to work with
the County to develop new and innovative methods to recycle other R[ecyclable Mmaterials, such as GQrganic W~aste.
C. All municipalities in Collier County are encouraged to adopt and implement &recycling programs for
the EH:lsi:Aesses aHa iAstitl:ltie:Asnon-residential vrooerties. multi-family oroverties. temvorary eyents. and venue facilities
located within the il'lssF}3sFatea areas sf the CeuFlt)municivalities' comorate boundaries. If requested, the County
Manager shall provide advice and technical assistance with the development of the Rrecycling programs for these
municipalities.
SECT/ON l'ENTHIRTEENt
Awards Pro!!:ram for Recvclin!!: on Non-Residential Prooertv... Multi-Familv
ProDertv. TemDorarv Events and at Venue Facilities.
The County Manager is hereby authorized to establish and implement an awards program to recognize GQwners~
8fl4 Ggenerators. and anv verso" onzanizinQ: a temoorarv event -in the County--wfie that implement~ exceptional or
innovative &recycling programs for Nnon-Rresidential Fj;!roperty. multi-family DTooerty. at temoorary events and at venue
facilities.
SECT/ON ELEYENFOURTEEN: Recvclinl! Edncation and Promotion Prol!ram.
The County Manager is hereby authorized to establish and implement a R,recycling education and promotion
program for GQwners... aml-Ggenerators. and any DerSOD OTQ:anizine: a temoorarv event -in the County. The education and
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promotion program may include, but is not limited to, public workshops, public service announcements, multi-media
advertising, and direct mailings concerning the methods and benefits of &recycling on Nnon-R[esidential F-QTopertYl
multi-family prooertv. temoorarv events and venue facilities.
SECTION TWELYEFIFTEEN: Evaluation of Non-Residential, Multi-Familv. Temnorarv Event. and Venue
Facility Recvclio2 Prol!rams.
As needed, the County Manager shall provide a report to the Board concerning the County's Rrecycling program
for Nnon-Rresidential P-12roperty. multi-family orooertv. temporary events and venue facilities. -The report shall address
the effectiveness of the County's &recycling program~ for Nnon-R!esidentialPQroperty, multi-fami1v prooertv. temoorary
events and venue facilities. the general costs and benefits associated with thtsese -program~, and any changes that should
be implemented to improve the effectiveness of the program~.
SECTION THIRTEENSIXTEEN: Recvcline Service Aereements.
A bfontractor shall provide a written .g~ervice Aggreement to a ~ustomer before the Gfontractor begins to
collect that ~ustomerts RrecyclabIe Mmaterials. The .g~ervice Aggreement shall describe the services to be provided by
the Gfontractor, the fees to be paid by the ~ustomer, and the other terms of the parties' agreement.
SECTION SEVENTEEN: Temporarv Event, and Venne Facilitv Collection Service Aereements.
Anv contractor eneaeed bv the oHranizer of a temporarv event to provide solid waste and/or recvcline: collection
service is reauired to submit a copy of the invoice to the Solid Waste Manal!ement Department within thirty (30) davs
after submittal of the invoice to the contractinl! party. Each invoice will contain an estimate of the municipal solid waste
and/or recvclabIes eenerated at the event.
SECTION FOURTEENEIGHTEEN: Standards for Recvcline Contractors,
A. The County Manal!er shall approve a standard form that will be used as the County's Certificate of
Operation. The Certificate of Operation shall contain the conditions and limitations that are deemed appropriate by the
County Manal!er. The Certificate of Operation shall remain in effect for a period of one (l) Year. and must be submitted
annually from the date of submission unless the Board approves a IonIZer duration bv resolution.
AI!. No P:gerson may Gf.ollect or transport Rrecyc1able Mm.aterials in the County for profit unless such
P:R.erson has obtained a Certificate of Operation from the County's Solid Waste ManaQement Department. However, a
certified Rrecovered Mmaterials dealer, as defined in Section 403.7046, Florida Statutes, is not required to obtain a
Certificate of Operation before engaging in business in the County.
12
. ~~~~-~L-- L~
.Q.~. A not-for-profit PI!eTSOn is not required to obtain a Certificate of Operation before collecting or
transporting Rrecyclable Millaterials in the County.
G)2. Any I'gerson may file an application with the Solid Waste Management DeDartment County MllHagor
for a Certificate of Operation. The application shall be submitted on athe form prepared by the County Manager. The
applicant shall provide all of the information and documentation tfl..at-is requested by the County Manager, including but
not limited to the following:
1. The name, address and telephone number of the applicant;
2. A description of the vehicles that the applicant will use to bfollect Rrecyclable Mmaterials,
including the make. model, and serial number of each vehicle; and
3. Certifieates sf iflSldTaHee Elem8flstrat.iflg tAat the RfJpheemt Aas tHe fells\viflg miFliffiuFfl
inSl:IFaflee es\"emge: eemmereial geRerelliability iflsblrsnse sf at least S:1 ,999,990; sHsifless Bl:itemebile liability iFlsliFfffiee
erat least $1,999,990; \yeFhers' eeffij3efJ.satien instiTlmee efat least t:Ae statl:lter:..Iimits. 1:lnless et.:Aer\':ise flFeviEleelBj' state
I,,':; ""d umbrella liabilit)' in,"."".o of at least $2,000,000. Tho .eftiIi.ales of ins"r..,.e sIlall s!nte that the COURt)' will
reeeive at least 39 eays' written notiee BefaTe efffisellation er ree1:letion af 6s';erage. The eeFtifiestes af iRsHflmee s:Aall
ineieate that tHe Beare is a HSffiee iHs1:IFeel. iH all efthe iHSl:1faHee flalieies reE(l:1ireEl Bj' this Oreiflanee. \\'it.:A t.fl8 eJ:eefJtisR af
y;erlcefs 6sH'lflensatisFl.
4,1. A written statement certifying that the applicant has reviewed and will comply with all of the
requirements in the Certificate of Operation and this Ordinance.
~~. If the County Manager determines that the applicant complies with the terms of this Ordinance and all
applicable laws, the County Manager shall grant a Certificate of Operation. The County Manager shall deny an
application for a Certificate of Operation if the County Manager determines that the applicant does not comply with the
terms of this Ordinance or other applicable law. The County Manager may revoke a Certificate of Operation if the County
Manager determines, after providing notice and an opportunity for a hearing, that a Gfontractor has violated the provisions
in a Certificate of Operation or any applicable law.
El:. The Calffit)' MllHoger sholl app.a':e a ston~llI'~ farm that v:ill ba "se~ as the Co",,!)", CeRiB.a!o of
OpeFatisH. The CeFlif.ieate af OfleFatieR s:Aall saRtain t:Ae saRBitiElHs anEllimitatieHs that are eeemea ~flFepriate BY the
Saara. The Ceftif.ieate ef OfleratieH shall remaiH in effeet fer a parise sf OHe (1) year, HHless tAe Baare apprs\'es a IOHger
el:l.FatiElH BY reselutisH.
F. A ~ontractor shall provide each of its ~ustomers with &recyclable Mmaterials ~ontajners that are
sufficient to accommodate the quantity and types of &recyclable Mmaterials that will be recycled by the Gf.ustomer.
G. A ~ontractor shall conduct all of its activities in accordance with all applicable laws and best
13
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,=~"====-e---=-".="=.".=_~='.=''''''''''''''''==''=_''.,_",,'=.="=.c.=.'.,'.~"=",""_"""'__=,~,,,"_"=_"~_""_'_
--='--~"-~'''~='---~-''''=='='-'.=',",=~'''--'-'=.'.',=,=._..,,"'.'.='.'____'===='._~~__,_,._.. '--Co'-
..._...n..._._ ....__u.. "...
management practices. A Gfontractor's vehicles, equipment1 and collection containers shall be kept in a clean and well-
maintained condition.
H. A ~ontractor shall not take a ~ustomer's R:recyclable Mmaterials to a landfill or other site for disposal,
unless the Gf.ontractor has received a variance pursuant to Section +ell of this Ordinance.
1. Unless exempt from this requirement pursuant to Chapter 62-722, Florida Administrative Code, a Gfontractor
shall provide quarterly reports to the County identifying, at a minimum, the types and amounts of &recyclable Mm.aterial it
collected, and each &recycling l<-facility to which the &recyclable Mmaterial was taken. The County Manager may require
the bfontractor to provide such other information as the County Manager reasonably determines is necessary, provided
such request is consistent with the provisions of Chapter 62-722, Florida Administrative Code.
J. A contractor shall not provide collection services prior to 6:00a.m. or after 6:00 p.m. for a property located
within two hundred (200) feet of a dwelline: unless otherwise authorized by the County Manal!er. Contractors may provide
services at other locations at any reasonable time. subiect to approval by the County Manal!er. Contractors shall not
provide collection services on Sundays unless otherwise authorized by the County Manal!er.
SECTION FIFTEENNINETEEN: Self-Haulin!!,
A. If an GQwner Gfollects the R:r.ecyclable Mmaterials generated on its Nrron-Rfesidential P}2roperty.....M
temporary events. or at yenue facilities and transports those materials to a Rrecycling l<-facility, without using a
bfontractor, the GQwner shall, l:i}38:Fl reCIblest, prepare a Self-Hauling Certificate for the County Manager.
B. If a Ggenerator ~oIlects and transports its &recyclable Mmaterials to a &recycling Ffacility, without
using a bfontractor, the Ggenerator shall, Ufl8:Fl reEil:iest, prepare a Self-Hauling Certificate for the County Manager.
C. The County Manager shall approve a standard fonn that shall be used as a Self-Hauling Certificate. At
a minimum, the GQwner or Ggenerator shall provide the following information in the Self-Hauling Certificate:
1. The name, address.. aHd telephone number and email address of the GQwner or Ggenerator that
is signing the Self-Hauling Certificate;
2. The address of the Nrron-R[esidential Pnroperty. temoorarv event or yenue facilitv where the
&recyclable Mmaterials are generated;
3. The names of the Ggenerators that are transporting R:r.ecyclable Mmaterials pursuant to the
Self-Hauling Certificate;
4. A brief description of the activities or businesses that are generating the Rrecyclable
Mmaterials;
5. A list of the types of Rrecyclable Mmaterials that are being transported and an estimated
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tonnae:e or vardaee value for each tvoe of recyclable material being taken from the non-residential prooertv. temporary
event. or venue facility to a recvcline center:
~. For oo.h t)'l'o efRo.y.lalllo Motocial, tho amouBt that is BeiBg tal,e. fro", tho Ne. Re,iao.tial
Prsflefl:Y to a Reeyeling Faeility eash mORth;
"'L- The name and address of the Rrecycling Ffacility; and
&-:-L-The Occupational License number(s) for the Wnon-R[esidential FQroperty or venue facility.
and/or event oermit numher{ s) for temporary events.
D. The Self-Hauling Certificate shall contain a written statement, signed by the GQwner or Ggenerator,
certifying that the GQwner or Ggenerator is in compliance with the requirements of this Ordinance.
E. The County Manager may restrict or prohibit self-hauling by a PQerson if the County Manager
determines, after providing notice and an opportunity for a hearing, that the Pl2.erson's self-hauling activities violate the
provisions of this Ordinance or any other applicable law.
SECTION SIXTEENTWENTY: CounlY Recvcline -Centers and Hazardous Waste Collections.
A. The County has established recycling centers for the benefit of the community. The County may
lmpose conditions and limitations upon any P-l2.erson that wishes to use the County's recycling centers, including
limitations on the types and amounts of &recyclable Mmaterials that will be accepted at the recycling centers. The County
also may charge fees for the use of its recycling centers. The conditions, limitations, and fees applicable to the recycling
centers shall be established by resolution of the Board.
B.
The County may maintain Hazardous Waste Collection Centers and may. oeriodically. host special
roundups to accept hazardous materials from residents. includin!:! pharmaceuticals for Operation Medicine Cabinet for
oroper disposal.
C.
Conditionally exemot and small auantitv !:!enerators may brin!:! hazardous materials to the recvclin!:!
centers UDon apoointment with the hazardous materials collection and/or disoosal comoany. Acceotance of the hazardous
materials and oaVtnent for this service will be the responsibility of the hazardous material collection and/or disoosal
comoanv and the !:!enerator.
-812. A ~ontractor shall not deliver &recyclable Mmaterials or S~olid W~aste to the County's recycling
centers, unless the deliveries are approved in advance by the County Manager.
SECTION SEVENTEENTWENTY-ONE: Variances.
A. The County Manager shall grant an administrative variance from the requirements in this Ordinance
15
when an GQwner, Ggenerator or other PQerson demonstrates that the application of the Ordinance would create a
8liubstantial Hhardship.
B. Any GQwner or Ggenerator who demonstrates that, due to site specific conditions, the Ggwner or
Ggenerator cannot simultaneously comply with this Ordinance and the provision of any section of the Collier County Land
Development Code or the provision of a duly adopted planned unit development, may seek a variance pursuant to Section
9.04.00 of the Land Development Code. In the alternative, the County Manager may grant an administrative variance
from the requirements of this Ordinance.
C. An application for an administrative variance pursuant to this Ordinance Sl:IBseetisFls 17..^. Sf 17.B,
ab<we, shall be submitted to the County Manager on a form prescribed by the County Manager. An application for a
variance from the County's Land Development Code pursuant to SueseetisFl 17.Bthis Ordinance, aes':e, shall be governed
by Section 9.04.00 of the Collier County Land Development Code. The fee for a variance shall be established by
resolution of the Board.
D. Pursuant to Section Five of the 2004 Land Development Code adopting Ordinance (Ordinance No.
2004 - 50), the requirements of Section 4.05.04 (minimum requirements for parking spaces) and Section 4.06.00
(minimum requirements for visual screening) of the Land Development Code do not apply to a PQerson that filed an
application for a site plan approval before Julv 29.2005 the effective enforcement date of this Ordinance, but only if and
only to the extent that the PJ2.erson's compliance with this Ordinance precludes the PQerson from complying with the
requirements in Sections 4.05.04 and 4.06.00 of the Land Development Code.
SECTION EICHTEENTWENTY-TWO: InsDections. Enforcement and Penalties.
A. The County Manager is authorized to conduct inspections on ~D.on-&residential P12roperty. multi-
familv OfOoertv. at temoorarv events and at venue facilities for the purpose of detennining \', Hether a Pers8R is in
compliance with the requirements of this Ordinance. The County Manager also is authorized to inspect any vehicle,
equipment or collection container used to Ggollect or transport &recyclable Mmaterials in the County for the purpose of
ensuring that the vehicle, equipment or container is not producing litter or leaking liquids or other residuals during
transport.
B. It shall be prima facie evidence of a violation of this Ordinance if an GQWTIef or Ggenerator fails to
have a Rrecyclable Mmaterials collection ~ontainer in use on their Nrron-Rresidential P-Qroperty. multi-family OfOoertv.
temoorarv event or venue facility.
C. To provide the public with a reasonable opportunity to comply with this Ordinance, the County shall
not seek any penalties for violations of this Ordinance amendment that occur within tweWesix months of the effective date
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of this Ordinance amendment. The deadline for compliance with this Ordinance may be postponed by resolution of the
Board.
D. The County Manager shall have the power to enforce the provisions of this Ordinance through the County's
Code Enforcement Board or Soecial Mal!istrate usimz the enforcement orocess and oenalties established bv the Collier
County Consolidated Code Enforcement Ordinance. as it may be amended or renlaced. The County Manager also may
enforce this Ordinance by using any other enforcement procedure that is approved by the Board in the future pursuant to a
CountyeQrdinance.
SECT/ON NINETEEN: Appeala.
,
.q
The CSliflt:; Maflager is hereB)' gr8:fltea tHe Bl:it-hSrit:,' 18 resel':e afl)' q1iestisns esnsem.iFlg tRe flrefler
iFlteFflretatisR afla aflplieatian eftHis OrelflBflse.
.B. :'.RY eeeisioR sf tHe CeHnty MBflager HEBer tHis OreinBflee may Be 8:f3}3ealee ts tHe .Beare. :'.Ej' Bflpeal
shall Be iniliated BY Filing a '.HilteR petilion wil.. lhe Co""ly MaIl.ger v. ilhin lOB (]g) da)'s after Ihe Co",,!)' MllBoger
lSSHes a v:rittefl. aeeisisa eeRsem.iRg tRe matter in eisflHte. The fletitisH skaIl aesenee tRe faets ana issues In aispute BfIe
shall eJ(plain ';\'ky tke fletitiaHer is entitlea ts relief. The petitisR skall Be presentee ta tHe Beara f-flr its eaflsiseretisH as
e}li3esltiaHslj' as psssiele, b1:1t tRe petitieneT shall Be giyefl at least teR (19) says aeYBflee nstiee sf tHe :Baare's meeting
eoneeming tAe petitiaH. .".t t-ne .Baars's meetiflg, tRe 13etitiefleT sRaIl Ra','e tRe l:HHaeR sf flT8'.lng tkat it is eRtitIee ta tRe
relief reEJ.Hestee.
SECTION TWENTY: Sm'eraBilitv,
If Bflj' elaHse, seetieR aT flrevisiefl af tRis Orein8Hse sRall be seelarea ts he l:!fIeeflstitHtisFlal sr iflyaIia far BfI)'
sause ar reasen, tRe same sAalI Be elimiFlatee [rem tHis OrainBflee BRa the l'emainiflg peRlsR eftkis OraiflBflse sI:1alI he ifl
f1:1lI feTee BflS efreet Bfle Be as valia as if sHek iRyalis pSRisR tHere8fhae Het Been lFleSI'}3Sratea tHerein.
SECTION TWENTY-QNETHREE: Conflict and Severability,
In the eYent this Ordinance conflicts with any other ordinance of Collier County. the more restrictive shall apply.
If anv phrase or Dortion of this Ordinance. or the particular application thereof. shall be held invalid or unconstitutional bv
any court. adminlstration Beeney or other body with appropriate iurisdiction. the remainine section. subsection. sentences.
clauses. or phrases and their application shall not be affected therebv. The prsvisioFl.s af Bfl)' stRer Callier Calclflty
OraiFl8:flse tl1at are iHSSHsisteHt sr in eSHf.Jiet \yith tke 13rs\'is16Hs sf this OraiH8:flSe are s1:I.flerseaea t8 tke eJi,teHt sf suek
iHeaHsisteHej' aT 6sRf.Jiet, aT wai\'eEl \",'fl8fl tRe s1:Isjeet sf a ','ariaHse grantee pHfSH8:flt ts SeetiaH 1 €i efthis OrEliR8:flee.
17
"_ """"0"" _',~_'_'~_~'__""_'_~~,~_'~_~~__'''_'__'"',__," '~~~"~_"""~_'.___''''___~.'',_,_'''_'',_'_~_'_'~"''
.....~~.~~_._~~Z[~__
"
SECTION TWENTY -l'W OFOUR, Inclusion in the CounlY's Code of Laws and Ordinances,
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish this goal, and the
word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION TWENTY THREEFIVE: Effective Date.
This Ordinance shall become effective upon receipt of notice of its filing from the office of the Secretary of State
of the State of Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this
day of
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
,DEPUTY CLERK
By:
DONNA FIALA, CHAIRMAN
Approval as to form and legal Sufficiency:
Jennife~:1?'D~
Assistant County Attorney
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.,
Acct #068784
October 12,2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
RE: Ordinance Amending Collier County Ordinance No. 2004-50
Dear Legals:
Please advertise the above referenced notice on Friday, October 16, 2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O, #4500110999
17 E ,
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, October 27, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-50, THE "COLLIER
COUNTY NON-RESIDENTIAL RECYCLING ORDINANCE," BY AMENDING SECTION
ONE "INTENT AND PURPOSE", SECTION TWO "TITLE AND CITATION" TO
"THE COLLIER COUNTY RECYCLING ORDINANCE", SECTION THREE
"APPLICABILITY", SECTION FIVE "DEFINITIONS", SECTION SEVEN
"MINIMUM STANDARDS FOR RECYCLING ON NON-RESIDENTIAL PROPERTY";
CREATING SECTION EIGHT "MINIMUM STANDARDS FOR RECYCLING ON MULTI-
FAMILY PROPERTY", SECTION NINE "MINIMUM STANDARDS FOR RECYCLING
AT TEMPORARY EVENTS", SECTION TEN "MINIMUM STANDARDS FOR
RECYCLING AT VENUE FACILITIES"; AMENDING SECTION ELEVEN
"EXEMPTIONS FROM RECYCLING STANDARDS", SECTION TWELVE
"EXTRAORDINARY AND INNOVATIVE RECYCLING", SECTION THIRTEEN
"AWARDS PROGRAM FOR RECYCLING ON NON-RESIDENTIAL PROPERTY, MULTI-
FAMILY PROPERTY, TEMPORARY EVENTS AND AT VENUE FACILITIES",
SECTION FOURTEEN "RECYCLING EDUCATION AND PROMOTION PROGRAM",
SECTION FIFTEEN "EVALUATION OF NON-RESIDENTIAL, MULTI-FAMILY,
TEMPORARY EVENT AND VENUE FACILITY RECYCLING PROGRAMS"; CREATING
SECTION SEVENTEEN "TEMPORARY EVENT AND VENUE FACILITY COLLECTION
SERVICE AGREEMENTS"; AMENDING SECTION EIGHTEEN "STANDARDS FOR
RECYCLING CONTRACTORS", SECTION NINETEEN "SELF-HAULING", SECTION
TWENTY "COUNTY RECYCLING CENTERS AND HAZARDOUS WASTE
COLLECTIONS", SECTION TWENTY-ONE "VARIANCES", SECTION TWENTY-TWO
" INSPECTIONS, ENFORCEMENT, AND PENALTIES", DELETING SECTION
TWENTY-THREE "APPEALS"; PROVIDING FOR "CONFLICT AND
SEVERABILITY"; PROVIDING FOR INCLUSION IN THE COUNTY'S CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
~: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing, All material used in presentations before the Board
will become a permanent part of the record.
17E ~
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding; you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Teresa L. Polaski
17E I
To;
Subject
legals@naplesnews.com
Amending Ordinance 2004-50
Legals,
Please advertise the following on Friday, October 16, 2009. Thanks
Amending Amending Ord.
linonce 2004-50 N, ~004-50 Non-Resi..
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po [aski@collierclerk.com)
1
Teresa L. Polaski
17E
From;
Sent:
To;
Subject:
Attachments:
postmaster@collierclerk.com
Monday, October 12, 2009 2:46 PM
Teresa L. Polaski
Delivery Status Notification (Relay)
ATT634524.txt; Amending Ordinance 2004-50
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals~naDlesnews,com
1
Teresa L. Polaski
17E
From;
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Monday, October 12, 20093;20 PM
Teresa L. Polaski
Ad Confirmation
UASAF2.jpg
ATTACHED please review your notice & confirm.
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely
placing your ad.
10/16/09
NON
1820825
$395.54
1
NOTICE OF INTENT TO .C(INSIDER ORDINANCE
1i7t
.11. ~
Notice is hereby gIven that on Tuesday, October 27, Zl)O!l, In ,he Boardroom, 3rd floor,
Admlnim.atlon Building. Collier COIJnty Govemment Center, 3301 East Tamlaml Trail,
Naples, Florida, the Board of County Commissioners will consIder the enactment of a
C01;mtyOrdlnance. The meeting will coml1'lenceat!l:OO A,M. The title of the proposed
Ordinance Is as" follows;
AN ORDINANtEOF THE BOARD OF COllNTY COMMISSiONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2004-50, JHE"COLLlER CqUNT1f NON"RESIDEN,
TlAL RECYCLING ORDINANCE." BY AMENDING SECTION ONE "INTENT AND PURPOSE".
SECTION TWo "TITLE AND CITATIQN" TO "THE COL1IERCQUNTY RECYCLING ORDI-
NANCE". SECTION THREE "APPLICABIliTY", SECTION FIVE "OEFINIT10NS", SECTION SEVEN
"MINIMUM STANDARDS FOR RECYCLlNG.ON NON'RESIDENTIALPROF'ERTY"; CREATING
SECTION EIGHT" MIMMUM STANDARDS FOR RECYCLING ON MUlTI-FAMILY PIiOPERTY".
SECTION NINE "MINIMUM STANDARDSfOI~ RECYCLlNGATTEMPORARY EVENTS". SEC-
TION .fEN "MINIMUrvl STANDARDS FOR .l'ECYClING AT VENUE FACILI11ES"; AMENDING
SECTiON ELEVEN . EXEMPTIONS FROM RECYCLING STANDARDS", SECTION TWELVE "E-
XTRAORDINARY AND INNOVATIVE RECYCLlN.G", .sECTtON THIRTEEN "AWARDS PRo..
GRAM FOR RECYCLING ON NON-RESIDENTIAL .PROPERTY. MULTI-FAMILY PROPERTY,
TEMPORARY EVENTS AND AT VENI.JE FACILITIES", SECTlCJN FOI.JRTEEN "RECYCLlNG.EDU.
CATION AND PROMOTION PROGRAM", SECnON FIFTEEN "fVALUATION OF NON-RESI-
DENTIAL, MULTI-FAMILY, TEMPOI~ARY EVENT AND VENUE FACILITY RECYCLING PRO-
GRAMS"; CREATING SECTION SEVENTEEN "TEMPORARY EVENT AND VENUE FACILITY
COLLECTION SERVICE AGREEMENTS"; AMENDING SECTION EIGHTEEN "STANDARDS FOR
RECYCLI NGC:ONTFlACTORS", SECTION NINETEEN" SELF.HAULlNG ", SECTION TWENTY
"COUNTY I~ECYC.L1NG CENTERS ANP. HAZARDOUS WASTE COLLECTIONS", SECTION
TWENW.ONE "VARIANCES". S~CnON TWENTY-TWO" INSPECTIONS, ENFORCEMENT,
AND PENALTIES", DELETING SECTION TWENTY-THREE "APPEALS"; PROVIDING FOR "CO.
NFI.:ICT AND SEVER:Ai'lIUTY"; PROVIDING FOR INCLUSION IN THE COUNTY'S CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
COP!!!S of the proposed Ordinance are .on file with the Clerk to the Board and are avad-
able for insp!!ction. AU Interested parties are invited to attend and be I)eard:
NOTE: All persons wishing to spe<lk .on any agenda item must register with theCol.mty
administrator prior to pre,sentation of the agenda !,em t9 be addressed, Individual
spl?akers I.vill be limited to 5 minu,e. on any item. The s!!lectlon .cfan individual !Cl sPfl.ak
on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesp!!rson for a group or organization may be allott.ed 10 minutes to speak onan
It!!m.
Persons wishin$l'o have written .or qraphic materials included. . in th.e Board agend<l pack.
e,ts mu.t submltsaid. m<lteriala minimum oU week. prior to the respective public hear-
in$J. In any case, written materials intended to be considered by the Board shaUbe sub-
mrtteq. to the .appropriate lZoumystaff a minimum of sellen day:; prior to the public bear.
ing. All material used In presentations before the Board will become a permanent part of
the record,
Any person who decides to appeal a ,Ieci.sion ofth!!.Board. will need a record of the pro-
ceedlflg5 pertaining thereto and therefore, m.ay need to ensurE! that a 'Jllrbatim record of
the proceedillg!' is made, whi.ch record includll. thE! tElstimony andevidencf! upon which
the appeal 15 basE!cL
if you are a person with a disability who nellds anyaCCQmmodationin.ordl!r topartici-
pate in thi.proc~din9;youareentitled, at no .CoSI to you, to Ihe. proviSion ofcertain as-
s[~nce, Please contact the Collier (ountyFadlitiesM<lnagementOepartment. loc;nedat
330lTamiami Trail East, Buildin~ W, Naples, Flor.ida 341 12, (23~) 252-8380. AssistE'd listen-
ing devices for th.e hearing impaired are available in the County Commissioners' OffiCE!,
BOARD OF COUNTY COMMISSIONERS
COkUERCOUNTY., FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
October 15, 2009
No 1820825
Naples Daily News
Naples, FL 34102
17E
Affidavit of Publication
Naples Daily News
--------------------------------------------------+------------------------
BCC/CDES BUDGET OFFICE
CLERK OF eIRC. COURT
SAP~ SCHNEEBERGER
F 0 BOX 4~3044
NAPLES FL 3410:
, N01U:UW tNTENT:TO,CONitDIRORDINANCE
REFERENCE: 068784
59593544
P.O. #4500110999
NOTICE OF INTENT TO
State of Florida
County of Collier
PUBLISHED ON: 10/16 10/16
=~~
ow,gwr.._. c'..R . '.,
BY. T8nIl!.......~_C1f!k
~.LIA!aMQ ',' ,',' ".
. t&l\1MflInI .
AD SPACE:
FILED ON:
146 LINE
10/16/09
::~~::~~:-::-~::::~:--~~-~~~~-----------+------------------------
Sworn to and Subscribed before me this a\S~ day of ()c+o~er 200q
~
Personally known by me
,,,IUI,,
..,,~~... "".9;'" KAROL E KANGAS
i:~:\ Notary Public - State of Florida
\'1-~j My Comm. Expires Ju129. 2013
......;;("OFf\.ot.'.... Commission /I 00 912237
"..,,,,,.,
17 E ~I
Martha S. Vergara
From:
Sent:
To;
Cc:
Subject:
WaltersJodi [JodiWalters@colliergov.net]
Monday, November 02, 2009 9:46 AM
Martha S. Vergara
JayeDavid
FW: Fed-X Account?
Martha below is the Account Number.
We will take care of the PO.
Thank you
Jodi
From: JacobsSusan
Sent: Monday, November 02, 2009 6;57 AM
To: WaltersJodi
Cc: ThurstonMaryJo
Subject: RE: Fed-X Account?
FEDEX ACCOUNT 464857729
But you have to open a PO to pay for any expenses.
s
From: WaltersJodi
Sent: Sunday, November 01, 2009 1:43 PM
To: JacobsSusan
Cc: ThurstonMaryJo
Subject: Fed-X Account?
Sue do we have a fed-x account? I need to provide to clerk for ordinance.
Thanks
Jodi Walters
Collier County
Recycling Coordinator
(239) 252-5354 ofc
(239) 872-8830 cell
(239) 774-9222 fax
<< OLE Object: Picture (Device Independent Bitmap) >>
1
C~rer County
- ~--
- -
Public Utilities DMsion
Solid Waste
1 7 E ~I
MEMORANDUM
FROM:
Ian Mitchell, Supervisor of BCC Office Operations
Jodi Walters, Recycling Coordinator +~
Solid Waste Management Department~.
October 27,2009
MA~Rt lol"lo~
TO:
DATE:
SUBJECT: Original Ordinance Amendment Documents for Signature
At today's meeting the BCC approved the following documents for signature by the BCC
Chairman.
Item 17(E), An Ordinance to amend Ordinance No. 2004-50, the Collier County Non-Residential
Recycling Ordinance.
I have attached the original documents for Commissioner Fiala's signature. Please call me when
the documents are executed. I would also like to have a signed copy. I can be reached at
extension 5354. Thank you in advance for your assistance.
Attached you will find the original documents to be signed by the BCC Chairman.
(i) 'P~ ~ .t.J. 1C1Ul
SoIdWasleMa1agementOepa1ment. 3301 Tamiaml Trail Easl Bldg. H . Naples, Florida 34112' 239-252-2508' FAX 239-n4-9222
17 E f'
ORDINANCE NO, Ii!;
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-50,
THE "COLLIER COUNTY NON-RESIDENTIAL RECYCLING
ORDINANCE," BY AMENDING SECTION ONE "INTENT AND
PURPOSE", SECTION TWO "TITLE AND CITATION" TO "THE
COLLIER COUNTY RECYCLING ORDINANCE", SECTION THREE
"APPLICABILITY", SECTION FIVE "DEFINITIONS", SECTION
SEVEN "MINIMUM STANDARDS FOR RECYCLING ON NON-
RESIDENTIAL PROPERTY"; CREATING SECTION EIGHT
"MINIMUM STANDARDS FOR RECYCLING ON MULTI-FAMILY
PROPERTY", SECTION NINE "MINIMUM STANDARDS FOR
RECYCLING AT TEMPORARY EVENTS", SECTION TEN "MINIMUM
STANDARDS FOR RECYCLING AT VENUE FACILITIES";
AMENDING SECTION ELEVEN "EXEMPTIONS FROM RECYCLING
STANDARDS", SECTION TWELVE "EXTRAORDINARY AND
INNOVATIVE RECYCLING", SECTION THIRTEEN "AWARDS
PROGRAM FOR RECYCLING ON NON-RESIDENTIAL PROPERTY,
MULTI-FAMILY PROPERTY, TEMPORARY EVENTS AND AT VENUE
FACILITIES", SECTION FOURTEEN "RECYCLING EDUCATION AND
PROMOTION PROGRAM", SECTION FIFfEEN "EVALUATION OF
NON-RESIDENTIAL, MULTI-FAMILY, TEMPORARY, EVENT AND
VENUE FACILITY RECYCLING PROGRAMS"; CREATING SECTION
SEVENTEEN "TEMPORARY EVENT AND VENUE FACILITY
COLLECTION SERVICE AGREEMENTS"; AMENDING SECTION
EIGHTEEN "STANDARDS FOR RECYCLING CONTRACTORS",
SECTION NINETEEN "SELF-HAULING", SECTION TWENTY
"COUNTY RECYCLING CENTERS AND HAZARDOUS WASTE
COLLECTIONS", SECTION TWENTY-ONE "VARIANCES", SECTION
TWENTY-TWO "INSPECTIONS, ENFORCEMENT, AND PENALTIES",
DELETING SECTION TWENTY-THREE "APPEALS"; PROVIDING
FOR "CONFLICT AND SEVERABILITY"; PROVIDING FOR
INCLUSION IN THE COUNTY'S CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 403.706(21), Florida Statutes, authorizes local governments to enact ordinances that require
the separation and collection of Recyclable Materials; and
WHEREAS, the Board of County Commissioners (Board) enacted the Collier County Non-Residential Recycling
Ordinance No. 2004-50, which provides for the collection of recyclable materials generated on non-residential property;
and
WHEREAS, on December 5, 2006 the Board of County Commlssioners adopted the Integrated Solid Waste
17 E 11
Management Strategy, which includes source reduction, material reuse and recycling options; and
WHEREAS, the Board of County Commissioners wishes to increase recycling in Collier County because
recycling will save energy and natural resources, provide useful products, and prove economically beneficial; and
WHEREAS, the Board also wishes to continue to increase recycling in Collier County because recycling will
help ensure that the valuable and limited disposal capacity ofthe Collier County Landfill is conserved; and
WHEREAS, the Board wishes to implement a more extensive recycling program; and
WHEREAS, the Ordinance 2004-50 does not specifically address recycling on multi-family property; at
temporary events; or at venue facilities where temporary events may be held; and
WHEREAS, the Board wishes to further promote the conservation of valuable landfill disposal capacity by
requiring the availability of recycling on multi-family property, at temporary events and at venue facilities; and
WHEREAS, the Board finds it necessary for the protection of public health, safety and welfare of Collier County
residents to require the recycling of recyclable materials generated on non-residential property, at temporary events and
venue facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, as follows:
SECTION ONE: Intent and Pnrpose.
It is the intent and purpose of this Ordinance to promote Rrecycling by: (a) requiring businesses . temnorarv
events. venue facilities. and institutions in HIliDoaFpomled Collier County to segregate and recycle as many designated
Rrecyclable MmateriaIs as nossible pFllG!ieable; (b) reauiring multi-familv nrooerties to nrovide collection containers and
recycling services to residents: (c) -<lstablishing educational programs concerning Rrecycling; (ejl!!} providing incentives
and awards programs that will make R!ecycling more attractive to the businesses. multi-familv DroDemes. temDorarv
events. venue facilities. and institutions in uniDooF\loFatod Collier County; W..MJimiting llle FBgUlatoFy imp""t of this
Ordinanoe eR bH!liReSS; and (ej ill... eliminating potential conflicts between the requirements of this Ordinance and the
requirements of the County's Land Development Code. By utilizing a balanced combination of incentives and regulations,
the Board intends to accomplish its Rrecycling goals while minimizing the regulatory requirements in this Ordinance. The
Board also intends to provide sufficient time for the businesses. multi-familv DroDerties. temDorarv events. and veDue
facilities. and iDslitutieRs in Collier County to comply with the County's new programs.
2
17 E i'
SECTION TWO: Title and Citation,
This Ordinance shall be known and may be cited as the "Collier County NOR ResieeRti.] Recycling Ordinance".
SECTION THREE: Applicability.
The orovisions of +!his Ordinance shall aoulv to. and be enforced in. Be 8J3J31ieable 8flly '.\ itAiR the
unincorporated areas of Calher County. and in any municipalities within Collier County that al!ree to such aoolication and
enforcement. by inter-local a2Teement between the governimr bodies of the municioalitv and the County.
SECTION FOUR: Constrnction and Interpretation.
This Ordinance shall be liberally construed in order to effectively carry out the intent and purpose of the
Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, Tule, regulation or
other authority, this Ordinance refers to the most current version, including and incorporating any amendments thereto or
renumbering thereof.
SECTION FIVE: Definitions,
For the purposes of this Ordinance, the definitions contained in this S~ection ~ shall apply unless otherwise
specifically stated. When not inconsistent with the context, words used in the present tense include the future tense, words
in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always
mandatory and not merely discretionary.
Pursuant to Section 403.7031, Florida Statutes, all definitions in this S~ection ~ shall be construed in a manner
that is consistent with the definitions contained in Section 403.703, Florida Statutes. In the case of any apparent conflict
or inconsistency with the definitions contained in Section 403.703, Florida Statutes, the statutory definition shall apply.
A. Board means the Board of County Commissioners of Collier County, Florida.
B. Certificate of Ooeration means the hcense that a bfontractor must obtain from the County before it can
bfollect Rrecyclable Mmaterials in the County.
C. Code Enforcement Board means the Collier County Code Enforcement Board. which may act as the
Collier County nuisance abatement board from time to time. and which is authorized to hear and decide cases inyolviTIlz
violations of any County Code or Ordinance. eHtity tAat is resf.lElHsil3le fer eHfere::ing bAS C8HHty'S ersiRaflees IHH'SI;l8Rt t8
CAaf.lter 2, Oi', isieH 11, eftAe Cese Elf Laws aRs OnhHaflees efCellier C8UHty, fieri ea.
D. Code Enforcement Officer means any authorized al!ent or emoloyee of the Countv whose duty it is to
assure code and ordinance cOll1oliance.
3
17 E"~
Q.E.. Collect means to gather or pick up Rrecyclable Mmaterials for transport and delivery to a Rrecychng
!'facility.
eE. Contractor means a F:Qerson who ~ollects or transports Rrecyclable Mmaterials.:. [rem j)JSR Resiel.eAtial
Prep.flY for prefit.
~G. County means Collier County, Florida.
~H. County ManalZer means the County Manager of Collier County or the County Manager's designee.
HI. Customer means an GQwner or Ggenerator that enters into a g~ervice A!!greement with a bfontractor
for Rrecyc1ing services.
II. De Minimis Amount means the amount of ~801id ytWaste which lawfully may be included in separated
&recyclable Mmaterials. A De Minimis Amount of Solid Waste is 10 percent, by volume or weight, whichever is more
restrictive, as detennined by a measurement or a visual inspection by the County Manager.
J.,K Dwelhne means any building, or part thereof, intended, designed, used, or occupied in whole or in part
as the residence or living quarters of one or more persons, permanently or transiently, with cooking and sanitary facilities.
Such term shall not mean a room in a motel or hotel.
KL. Garbaee means all kitchen and table food waste, and animal or vegetative waste that is attendant with
or results from the storage, preparation, cooking, or handling of food materials.
hM. Generator means each business, multi-family vroverty. temoorarv event oflzanizer. venue facility. not-
for-profit organization and institution (i.e., all FQersons except individuals) that generates one or more Rrecyclable
Mmaterials as a result of its activities,:. Sf! I'lsfI ResiseRtial Prsperty.
N. Hazardous Waste means solid waste. or a combination of solid wastes. which. because of its auantitv.
concentration. chemical or physical characteristics. may cause or silrnificant]y contribute to an increase in mortality or an
increase in serious irreversible or incavacitatimr reversible illness. or may Dose a substantial vresent or votentia] hazard to
human health or the environment when imvrooerly transvot1ed, disDosed of, stored. treated. or otherwise manaeed.
Hazardous waste includes any materia] or substance identified as a hazardous waste or hazardous substance in the Florida
Administrative Code. Florida Statutes. or other avohcable laws.
MO Materials Recovery Facilitv means a S~olid W~aste management facility that provides for the
extraction from ~Solid ~Waste of Rrecyclable Mmaterials, materials suitable for use as a fuel or soil amendment, or any
combination of such materials.
Nf. Multi-Familv ProDet1v means a group of three or more dwelling units within a single conventional
building, attached side by side, or one above another, and wherein each dwelling unit may be individually owned or leased
initially on land which is under common or single ownership.
4
17 E1'
GQ. Non-Residential Property means real property tfl.at-.ts. located in at1 uFline8fJ3erateei &feel of Collier
County and used primarily for: (1) commerce, including but not limited to offices, stores, Rrestaurants, motels, hotels,
recreational vehicle parks, theaters, and service stations; (2) not-for-profit organizations; and (3) instltutional uses,
including but not limited to governmental facilities, churches, hospitals and schools. The term tIel'! ResiEiefltial PrepeR)
sAall Flat iFlelHse &flY Residential Uflits Elf I:lREie\'elsfleEi hffiB.
.p.R. Ordinance means this County Ordinance No. 2004 -50, as amended.
Q.s.. Oreanic Waste means Ggarbage QIfH'Hi other similar putrescible g.~olid W~aste, including source
separated food waste and food-soiled paper. Organic W~aste does not include yard trash.
RI. Owner means a P-person who owns Nnon-R!esidential P-property. multi-family orooerty. or a yenue
facility. An GQwner also may be a Ggenerator.
SUo Person means any and all persons, natural or artificial, including any individual, finn, partnership, joint
venture, public or priyate corporation, or other association, or any combination thereof, however organized; any county;
and any local, state or federal governmental agency.
+y. Primary Recvclable Material means a R!ecyclable Mmaterial that is a Person generateQs sn Nsn
Residential Pi'SfH:1Fty in an amounts greater than 96 gallons per month.
YW. Recovered Materials means metal, paper, glass, plastic, textile, or rubber materials that have.J! known
R!ecychng potential, can be feasibly recycled, and have been diverted and source separated or haye been removed from
the g~olid W~aste 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.
RRecovered Mmaterials as described above are not S~olid W~aste.
\lX. Recovered Materials ProcessinlZ Facility means a facility engaged solely in the storage, processing,
resale, or reuse of R!ecovered Mmaterials.
wy. Recyclable Materials means those materials that are capable of being R!ecycled, which would
othetwise be processed as g~o1id W~aste, and are designated by the Board pursuant to Section Six e of this Ordinance.
.x-Z. Recyclable Materials Container means any container for the collection of recyclables. includinl! but not
limited to. recychnl! bins. recyclinl! carts. dumosters. roll-offs. or comoactors. 1301(, hib, Elf other 6sntainer that is made of
metal, hard plastic or other similar material. Containers must be constructed in a manner that orotects orooertv and the
environment from leakal!e. soillal!e. and overflow of any tvoe of recyclable materials. ane is suitable f-€lr the eelleetiElR sf
Reeyelal3le ~1aterials.
~AA. Recyclinl! means any process by which S~olid W1Yaste, or materials which would otherwise become
S~o1id W1Yaste, are collected, separated, processed. and reused or returned to use in the form of raw materials or products.
5
17 E ,~"
bBB. Recycling Fac1litv means any facility that recycles &recyclable Mmaterials, including but not limited to
buy back centers, drop-off centers (both permanent and mobile), designated County Rrecycling feenters, Mmaterials
Rrecovery ~facl1ities and Rrecovered Mmaterials PQTocessing ~facl1ities.
AACC. Residential Unit means a single-family residence, or duplex residence-,- aRB. a ~h:ilti family ResiElefll;:e.
WDO. Restaurant means any bar, tavern or other eating or drinking establishment where food or beverages are
prepared, served, or sold fOT profit, either for immediate consumption on or in the vicinity of the premises, or cal1ed for or
taken out by customers, or prepared prior to being dehvered to another location for consumption.
GGEE. Self-Haulinl! Certificate means a written certification by an GQwner or gGenerator that attests
eSflf1FR'1il'lg that the QQwner or Ggenerator is collecting and transporting Rrecyclable Mmaterials to a Rrecychng Ffacihty.
9t)FF. Service Agreement means a written agreement between a bfontractor and an QQwner or Ggenerator
concerning the collection of Rrecyclable Mmaterials.
E-EGG. Sohd 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 control facility, or Ggarbage, rubbish, refuse,
special waste, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from
domestic, industrial, commercial, mining, agricultural, or governmental operations. Solid waste includes but is not limited
to bioloe:ical waste. biomedical waste. bulk waste. C&D debris. commercial waste. disaster debris. electronic eouioment.
e:arbae:e. hazardous waste. land clearine: debris. oreanic waste. radioactive waste. recyclable materials (until they are
recycled), reiects. residential waste. residue. rubbish. soecial waste. tires. white e:oods. and yard trash.
~HH. Soecial Malristrate means a oerson authorized by the Board to hear and decide cases involving
violations of any County codes and lor ordinances.
II Substantial Hardshio means a demonstrated economic, technological, legal, or other type of hardship.
11 Temoorarv Event means anv event reouirin!! (]) a nermit or license oursuant to Chanter 10 of the Code
of Laws and Ordinances of Collier County. Florida; or (2) a permit pursuant to Section 5.04.05 or 5.04.06 of the Collier
County Land Devclooment Code: or (3) any event reouirine: a oermit or license from the Health or Fire Deoartments.
KK Venue Facility means anv buildine: or other nermanent facility used for temoorary events. A venue
facility mav be owned by the e:overnment. a nerson. or a non-orofit ore:anization.
SECTION SIX: Desienation of Recvclable Materials.
For the purposes of this Ordinance, Rrecyclable Mmaterials means paper, cardboard, glass, plastic (Nesnumbers.
through 7), aluminum, and ferrous metal. The Board may designate other materials (e.g., GQrganic W~aste) as
Rrecyclable Mmaterials if the Board determines that a market exists for such materials and a cost-effective system is in
6
17 E1'
place for Rrecycling such materials. Materials shall be deleted from this list of Rrecyclable Mmaterials If the Board
determlnes that a market no longer exists or a cost-effective system 15 no longer in place for Rrecycling such materials.
SECTION SEVEN: Minimum Standards for Reevcline on Non-Residential Pronertv.
A. Each GQwner shall: (1) provide Rrecyclable Mmaterials bfontainers on the GQwner's Nnon-
Rresidential P2roperty so the Ggenerators located on the GQwner's Nnon-R[esidential P};!TOperty may recycle all of the
Rrecyc1able Mmaterials that the Ggenerators have designated pursuant to Subsection +Seven .,.B.,., below; and (2) aITaTIlZC
for -bf.ollection services of recychng -tfte materials placed in the Rrecyclable Mmaterials bf.ontainers or self-haul and
transport those materials to a Rrecychng ~facility.
B. Each Ggenerator shall diligoHtI)' al!.m~t to recycle all of the I'grimary R!ecyclable Mmaterials that i!
produces. At least once each year, each Ggenerator shall: (1) consider the hst of Rrecyc1able Mmaterials designated by
the County pursuant to Section eSix of this Ordinance; -(2) consider the types of &recyclable Mmaterials generated by its
activities on Nnon-Rresidential P12roperty; (3) identify the P12rimary Rrecyclable Mmaterials that the Ggenerator produces;
and (4) identify (i.e., designate) the I'grimary R!ecyclable Mmatcrials that the Ggenerator wi!t must recycle. Thereafler,
each Ggenerator shall separate the designated PQ.rimary Rrecyclable Mmaterials from the Ggenerator's 8~01id W~aste,
and tl=le CeAefator !iRall _place the designated PQ.rimary Rrecyc1able Mmaterials in Rrecyclable Mmaterials ~ontainers
orovided for collection.
C. If a Ggenerator's activities do not produce any P12rimary &recyclable Mmaterials, the Ggenerator shall
designate and recycle one or more Rrecyclable Mmaterials in the manner described in Subsection .1Seven .,.B, above, unless
the Ggenerator is exempt pursuant to Subsection .& Eleven .,.A, below.
D. Each Ggenerator shall coordinate with the GQwner of the Nnon-Rresidential P}2roperty where the
Ggenerator's activities occur, and each GQ\VTIer shall coordinate with the Ggenerator_5--on its Nnon-Rresidential P}2roperty,
to ensure that the Ggenerator's Rrecyclable Mmaterials are taken to a Rrecycling ~fac1lity.
E. No PQ.erson shall dispose of Rrecyclable Mmaterials that have been separated from 8~011d W1Y.aste pursuant
to tRe previsisFls sf Subsections + Seven .,.8 or .1Seven .,.C, above.
F. No P12erson shall place 8~olid W1Y.aste. or hazardous waste in a Rrecyc1able Mmaterials ~ontainer.
G. No ~erson shall cause litter or a nuisance. Each F:Qerson shall take all necessary steps to ensure that their
own Rrecycling activities do not cause htter or a nuisance. Each FQ.erson shall immediately pick up any litter and
eliminate any nuisance caused by their ewn-activities.
H. Each GQwner shall, upon request, provide the County Manager with a copy of a S~ervice Al!greement,.-ill:
g~elf-Hhauling ~ertificate with receiPts from a recvcline: facility, ar etRer 8.0eHmeAt (e.g., reeeipt trsm a Ree)eliAg
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Faeiht)') demonstrating that the PQrimary Rrecyclable Mmaterials generated on the GQwner's N-non-Rresidential PQToperty
are being taken to a Rrecycling Ffaci1ity. The S~ervice A~greement,_QL-S~elf-l=lhauhng ~ertificate, Sf ether aeel:l.meAt
shall be available for inspection by the County Manager at the GQwner's ~D.on-R!esidential P12roperty durin8--normal
business hours. The GQwner atse shall mail or dehver these documents to any GgeneratoT located on the GQwner's Nnon-
Rresidential PQToperty, within fourteen (14) days, tfthe Ggenerator requests the documents.
1. Each GgeneratoT shall, upon request, provide the County Manager with a copy of a S~ervice
A-ggreement, or a S~elf-#hauling Gfertificate with receiDts from a recvclinlZ facility, sr etRef a8el:1meRt (e.g., reeei",t frem
a ReeyehRg Faeilit)') demonstrating that the Ggenerator's Pgrimary Rrecyclable Mmaterials are being taken to a
Rrecycling Ffacility. The g~ervice Aweement,...QL ..g~elf-l=lhauling Ggcrtificate, and --eF-other document~ shall be available
for inspection by the County Manager at the Ggenerator's Nnon-Rresidential PQroperty during the Ggenerator's normal
business hours.
J. An GQwner may satisfy its obhgations under this Ordinance by performing the required activities itself
or by using the services of a b~ontractor or other Pgerson who compiles with the requirements of this Ordinance.
However, notwithstanding anything else contained herein, the GQwner shall be responsible for ensuring and demonstrating
its compliance with the requirements of this Ordinance.
K. A Ggenerator may satisfy its obhgations under this Ordinance by performing the required activities
itself or by using the services of a bfontractor or other JlQerson who complies with the requirements of this Ordinance.
However, notwithstanding anything else contained herein, each Ggenerator shall be responsible for ensuring and
demonstrating its compliance with the requirements of this Ordinance.
SECTION EIGHT:
Minimum Standards for Recvclin!! on Multi-Familv ProDertv.
A. Each owner shall: (1) orovide recyclable materials collection containers on the owner's multi-familv
eronerty: and (2) arrang:e for recycling: collection services.
8. Each owner shall disnlav erominent siena1!e indicatin1! the location of recvcling collection container
locations.
C. Each owner shall orovide orinted recvclinll: education informational materials to residents at a minimum
of two times oer vear.
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D. No person shall disoose ofrecvclable materials that have been separated from solid waste.
E. No person shall Dlace solid or hazardous waste in a recvclin!2: collection container.
F. Each owner shall take all necessary steps to ensure that recycling activities do not cause litter or a
nuisance. Each owner shall immediately nick-uD any litter and eliminate any nuisance caused bv any recycling activity.
G. Each owner shall annually orovide the Collier County Solid Waste Manal2:ement Deoartment current
contact information for all multi-family mODertv.
H. The County's exclusive franchised contractor for the collection of residential program recyclables
includes the collection of oroeram recvclables llenerated bv those customers that occupy multi-family residences. even if
the customers receive non-curbside residential collection service.
SECTION NINE:
Minimum Standards for Recvcline: at Temoorary Events.
A. Anv person seeking a permit for a temporary event within Collier County shall complete and submit
with their oermit apolication the Solid Waste Manal2:ement Department's Temoorary Special Event Recvcline Plan. In
addition. oromotionalliterature. sillnalle and temporary event announcements shall contain information about reeve line at
the temoorary event.
B. The Solid Waste Manaeernent Deoartment shall review the Temporary Special Event Recvcline Plan and
determine whether the plan includes reasonable measures to promote recvcline. esoeciallv for oaper. cardboard. and
beveraee containers made ofolastic. elass and aluminum.
C. The County Manaeer shall be allowed to attend the temoorary event at no charee. solely for the ournose
of assistine with and verifvinl2: the recvclinll efforts.
AD. If the temoorary event will not generate more than one ninety-six (96) eallon container ofnon-seoarated
solid waste for disposal. a administrative variance may be reauested from the reauirements to collect recyclable materials.
The County Manaller will establish a procedure for the consideration of an administrative variance from the reauirements
in this section if the County Manal2:er concludes a eood faith effort has been made to satisfy the reauirements herein.
E. The permittee shall provide at least one recvclable materials collection container for each solid waste
container orovided at the temoorary event. The recvclable materials collection containers shall be clearly labeled and
placed in the same locations as each solid waste container. The permittee shall arraDee for the contents of the recyclable
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materials collection containers to be delivered to a recvcling center or similar facilitv.
G. If the permittee self-bauls recvclables from temDOrarv events to a recvcling center or similar facilitv.
the oennittee shall deliver a coov of the recvcling center/facilitv receiot to the Solid Waste Management Denartment bv
fax. email or mail within 30 davs of the event.
H. All temDOrarv event organizers are encouraged to hold a ore-event recvcling workshoo for vendors and
volunteers.
SECTION TEN:
Minimum Standards for Recvcling at Venue Fncilities,
A. The owner of each venue facilitv shall orepare and imolement a Temoorarv Soecial Events Recvcling
Plan. The Temporarv Soecial Events Recvcling Plan shall reauire recvcling during each temoorarv event and other lawful
uses of the venue facilitv. The Temoorarv Special Events Recvcling Plan must be submitted annual Iv to the Solid Waste
Management Deoartment. The Countv MlUllII!er shall review the Temporarv Soecial Event RecvclilU! Plan to detennine
whether the olan includes reasonable measures to enoourage recvcIing. At a minimum, the TemDOrarv Soecial Event
Recvcling Plan shall be desimed to promote recvcling ofoaoer. cardboard. and beverage containers made ofoIastic. glass.
or aluminum. The owner of a venue facilitv shall be resoonsible for ensuring that the TemDOrarv Special Event Recvcling
Plan is imDlemented when the venue facility is used.
B. Veone facility manae.ers are encoUl'8.f!:ed to hold a ore-event recvclimz workshoD for vendors and volunteers.
SECTION EICHT ELEVEN:
Exemotions from Recvcling Standards.
A. No!\vithslaBdiBg lIlIY other "oO''';SiOB hoc-oiB, a GOB_or s1talI ho Ol<empt Ham tho ""quil'omoBls iB SealioD 7
of this OrdiBaRse if the Geaemter uses BB mere thaR Bne eaataiaeF fer the aispasal of its Selid 'Haste, the 6BRtaiBer'S
"""..ity is DO goeator than DiDeIy SM< (96) gall ODS, and tho eomoats of tho eemaiDer are eollomod DO 180"" than !\Y6 (2)
timo. "or '''001<. An exemotion mav be allowed where comoliance with the ordinance would result in unneceSSary hardshio
to the business and the need for an exemotion would not be shared generallv bv other businesses. All exemotions are to be
construed as temPOrary. for a period of one (1) vear. and shall be oonsidered withdrawn on the fIrst to occur of la) a
change in the conditionl s) which prompted the exemption. or Ib) the expiration of the time oeriod granted in the
exemotion. Should an exemotion be withdmwn because the time Deriod has exoired. an 3DDlicant may aDolv for renewal of
the exemotion.
B. Notwithstandiml any other provision herein. an owner shall be exemot from the reauirements of this
Ordinance if: (1) all of the e:enerators on the owner's non-residential orooertv are exemot from or not reuuired to comolv
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with the orovisions of this ordinance or (2) nrimarv recyclable materials are not beinll eenerated bv any activities
occurrimr on the owner's non-residential prooertv.
B~. Notwithstanding any other provision herein, a Ggenerator shall not be required to recycle a Rrecyclable
Mmateriallf the Ggenerator demonstrates to the County Manager that there is no collection service ST stAfr east effeetive
system available for Rrecycling such material.
C. I'JetwithstBnaiflg afl)' alAer flfElY1Siefl AereiFl, an Owner sHall ee eJ~eml3t [rem tRe reEJHirements if)
Seetiefl '7 affAir:; Orelitulflee if: (1) all sftAe Cefleraters 819 fne OWFler's NSfl ResideNtial Prs)3erty are ej(emflt [rem aT flat
reEJ.M.ireel to 6sFAflly with tRe J3rs":isisflS Elf Seetisfl :; aT (2) Primary Reeyela131e MateRals are FIst beiRg geAerateell3) BFI)
aeti':ities s66HmRg ElFl tl=le O\\l'Ier's }JElfl ResieleRtial PrefJerty.
SECTION NlNETWELVE: Extraordinary and Innovative Recvclinl!,
A. All QQwners~ aA6--Ggenerators, and any person on!anizine a temporarv event. including those who are
exempt from some or all of the requirements in this Ordinance, are encouraged to recycle all of their Rrecyclable
Mmaterials-,-, eS}3eeiallj' alHmiFlHm eaRS, }3&fler, afl8 earaBearel.
B. Owners.1 aHEi--Ggenerators. and any Derson omanizine a temporarv event are encouraged to work with
the County to develop new and innovative methods to recycle other Rrecyclable Mmaterials, such as QQrganic W~aste.
C. All municipalities in Collier County are encouraged to adopt and implement Rrecychng programs for
the 13b1SiReSSes aRe iFlstitHtisFlsnon-residential proPerties. multi-family oroperties. temporary events. and venue facilities
located within the iflSsFJ3Elratea areas sf the CsuRt)municioalities' comerate boundaries. If requested, the County
Manager shall provide advice and technical assistance with the development of the Rrecycling programs for these
municipalities.
SECTION +ENTHIRTEENf
Awards Proe:ram for Recvcline: on Non-Residential Prooertv. Multi-Familv
Prooertv. Temoorarv Events and at Venue Facilities.
The County Manager is hereby authorized to establish and implement an awards program to recognize GQwners.1
afl4 Ggenerators. and anv person onranizing a temporarv event -in the County-wOO that implement~ exceptional or
innovative Rrecycling programs for ~n.on-R!esidential PQroperty. multi-familv prooertv. at temoorarv events and at venue
facilities.
SECTION ELEVENFOURTEEN: Recvclinl! Education aud Promotion Prol!ram.
The County Manager is hereby authorized to establish and implement a Rrecycling education and promotion
program for GQwners~ awl--Ggenerators. and anv Derson on!anizine a temoorarv event -in the County. The education and
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promotion program may include, but is not limited to, public workshops, public servlce announcements, multi-media
advertising, and direct mailings concerning the methods and benefits of Rrccycling on -Nnon-&rcsidential .p.12roperty~
multl-familv orooertv. temoorarv events and venue facilities.
SECTION TWELVEFIFTEEN: Evaluation 01 Non-Residential. Multi-Familv. Temporarv Event. and Venue
Facility Recvclim! Proe:rams.
As needed, the County Manager shall provide a report to the Board concerning the County's Rrecycling program
for Nnon-Rrcsldential Pj2roperty. multi-famllv orooertv. temoorarv events and venue facilities. -The report shall address
the effectiveness of the County's Rrecycling prograrn~ for -Nnon-RrcsidentlaIPJ2roperty, multi-familv orooerty. temporary
events and venue facllities. the general costs and benefits associated with thisese -program~, and any changes that should
be implemented to improve the effectiveness of the program~.
SECTION TIIIRTEENSIXTEEN: Recvcline: Service Ae:reements.
A ~ontractor shall provide a written S~ervice Aweement to a ~ustomer before the bfontractor begins to
collect that bfustomer's Rrecyclable Mmaterials. The S~ervice Aweement shall describe the services to be provided by
the bfontractor, the fees to be paid by the ~ustomer, and the other terms of the parties' agreement.
SECTION SEVENTEEN: Temporarv Event. and Venue Facility Collection Service Ae:reements.
Any contractor engaged bv the organizer of a temporarv event to provide solid waste and/or recvchng collection
service is reauired to submit a copy of the invoice to the Sohd Waste Management Department within thirty (30) days
after submittal of the inyoice to the contracting party. Each inyoice will contain an estimate of the municipal solid waste
and/or recyclables lrenerated at the eyent.
SECTION FOURTEENEIGHTEEN: Standards lor Recvcline: Contractors.
A. The County Manal!er shall apProve a standard form that will be used as the County's Certificate of
Operation. The Certificate of Operation shall contain the conditions and limitations that are deemed appropriate by the
Countv Manager. The Certificate of Operation shall remain in effect for a period of one (J) Year. and must be submitted
annually from the date of submission unless the Board approves a longer duration by resolution.
A.B. No f!Qerson may G~ollect or transport Rrecyclable Mmatcrials in the County for profit unless such
-PQerson has obtained a Certificate of Operation from the County's Solid Waste Management Deoartment. However, a
certified Rrecovered Mmaterials dealer, as defined in Section 403.7046, Florida Statutes, is not required to obtain a
Certificate of Operation before engaging in business in the County.
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B~. A not-for-profit PQerson is not required to obtain a Certificate of Operation before collecting or
transporting R-recyclable Mm.aterials in the County.
G.Q. Any Pperson may file an apphcation with the Solid Waste Manae:ement Deoartment CSI:rAty Maflager
for a Certificate of Operation. The application shall be submitted on athe form prepared by the County Manager. The
apphcant shall provide all of the information and documentation tl::HH-+s requested by the County Manager, including but
not limited to the following:
1. The name, address and telephone number of the applicant;
2. A description of the vehicles that the applicant will use to bf.ollect Rrecyclable Mmaterials,
including the make, model, and serial number of each vehicle; and
3. Certificates sf lHSblFaflSe e1emsRstratiflg that the applieaflt has tJ:le folley, iRg miRimHFR
iAs\:lraflee eeyerage: esmmereial generalliabilit)' iflSHFaflee sf at least $1,990,900; B\:IsifleSS al;ltsmsBlIe liaeihty ifls\:Iraflee
sf at least $1,099,999; '.ysFhef5' eompe'AsatisfI iASHFa:Ree sf at least tHe statHtsry limits, \:IRless stherwise flrs':ieleel b)' state
18''''; aFJG l;lffiBTella liaeihty iRS\:Ifaflee sf at least $2,990,999. The eeFtifieates sfifls\:Iranee SHall state that the CSliRt)' will
reeeive at least 39 days' '.YRt:teR Retiee before 6aHeel1atiElfl Sf reGl;letiElfl sf es\ efage. The eer-tifieates sf iFls1::lraflee SHall
iFlelieete that the Board is a 'Aamed iflsHreel iR all of tile iflSblTaFJee pelieies refiblireel by iHis OnhFlaFJee, \\ itH the eJteefltieFl ef
wSFhers eempeflsatioFl.
4J. A written statement certifying that the applicant has reviewed and will comply with all of the
requirements in the Certificate of Operation and this Ordinance.
.g&:. If the County Manager determines that the applicant complies with the terms of this Ordinance and all
applicable laws, the County Manager shall grant a Certificate of Operation. The County Manager shall deny an
application for a Certificate of Operation if the County Manager determines that the applicant does not comply with the
terms of this Ordinance or other applicable law. The County Manager may revoke a Certificate of Operation if the County
Manager determines, after providing notice and an opportunity for a hearing, that a Gfontractor has violated the provisions
in a Certificate of Operation or any applicable law.
gE. The Co""t)" M""ager shall appro," a st""aara fu_ that \'. ill he HSea a5 the COHHt, 's CeFliFieate of
OfleFatiefl. The Certifieate Elf Operatio'A sAall 6ElFltain the eElnaltions and IimitatieFls tAat are Eleemea apprSflRate by the
BeMa. The Certifieate sf OperatieFl sAsll remain if!. effeet far a flerisd Elf eflB (I) year, b1Flless tHe Beard R13]3re\ es a leAger
dl:lratisFl BY resell:ltiefl.
F. A ~ontractor shall provide each of its ~ustomers with Rrecyclable Mm.aterials ~ontainers that are
sufficient to accommodate the quantity and types of Rrecyclable Mm.aterials that will be recycled by the ~ustomer.
G. A Gf.ontractoT shall conduct all of its activities in accordance with all applicable laws and best
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management practices. A ~ontractor's vehlcles, equipment~ and collection containers shall be kept in a clean and well-
maintained condition.
H. A bfontractor shall not take a ~ustomer's R-rccyclable Mmaterials to a landfill or other site for disposal,
unless the bfontractor has received a variance pursuant to Section -tell of this Ordinance.
I. Unless exempt from this requirement pursuant to Chapter 62-722, Florida Administrative Code, a Gfontractor
shall provide quarterly reports to the County identifying, at a minimum, the types and amounts of -Rrccyclable Mmaterial it
collected, and each -Rrccychng -Ffacility to which the R[ecyclable Mmaterial was taken. The County Manager may require
the ~ontractor to provide such other information as the County Manager reasonably determines is necessary, provided
such request is consistent with the provisions of Chapter 62-722, Florida Adminlstratlve Code.
J. A contractor shall not provide collection services prior to 6:00a.m. or after 6:00 p.m. for a propertv located
within two hundred (200) feet of a dwelhne unless othenvise authorized by the County Manaeer. Contractors may orovide
services at other locations at anv reasonable time. subiect to approval by the County Manaeer. Contractors shall not
orovide collection services on Sundavs unless otherwise authorized bv the Countv Manaeer.
SECTION F1fTEENNINETEEN: SeIC-Hauline.
A. If an ()Qwner Gfollects the Rrecyclable Mmaterials generated on its ~D.on-Rresidential P12roperty......m
temporary events. or at venue faclhties and transports those materials to a Rrecycling .J<facllity, without using a
Gfontractor, the GQwner shall, l:lps," reEluest, prepare a Self-Hauling Certificate for the County Manager.
S. If a Ggenerator Gfollects and transports its Rrecyclable Mmaterials to a Rrecychng .J<facility, without
using a Gfontractor, the Ggenerator shall, lipS'" request, prepare a Self-Hauling Certlficate for the County Manager.
C. The County Manager shall approve a standard fonn that shall be used as a Self-Hauling Certificate. At
a minimum, the f)Qwner or Ggenerator shall provide the following information in the Self-Hauling Certificate:
1. The name, address~ aM telephone number and eInail address of the GQwner or Ggenerator that
is signing the Self-Hauling Certificate;
2. The address of the ~n.on-Rresidential PQroperty. temoorary event or Yenue facility where the
Rrecyclable Mmaterials are generated;
3. The names of the Ggenerators that are transporting Rrecyclable Mmaterials pursuant to the
Self-Hauling Certificate;
4. A brief description of the activities or businesses that are generating the Rrecyclable
Mmaterials;
5. A list of the types of Rrecyclable Mmaterials that are being transported and an estimated
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tonnaQ:c or vardal2:c value for each tvoe of recyclable material being taken from the non-residential oropertv. temoorarv
event. or venue facility to a recvc1inl2: center:
€i. fElT eaeh t)']38 efReeyelable MateRal, tRe QffiElI:1'Rt tll.at is beiFlg talceFl frSFA fl:ie }JEln ReSlaefltiaJ
Pi'8}3erty t8 a Reeyeling Faeth!)' eaeh month;
'7-0~ The name and address of the Rrecycling !'facility; and
&~The Occupational License number(s) fOT the W!lon-R:residential Pproperty or venue facilitv.
and/or event penni! number( s) for temporary events.
D. The Self-Hauling Certificate shall contain a written statement, signed by the GQwncr or Ggenerator,
certifying that the OQwner or Ggenerator is in compliance with the requirements of this Ordinance.
E. The County Manager may restrict or prohibit self-hauling by a Ilperson if the County Manager
determines, after providing notice and an opportunity for a hearing, that the F12erson's self-hauhng activities violate the
provisions of this Ordinance or any other applicable law.
SECTION SIXTEENTWENTY: County Recvclin2 -Centers and Hazardons Waste Collections.
A. The County has established recycling centers for the benefit of the community. The County may
impose condit10ns and limitations upon any P12erson that wishes to use the County's recycling centers, including
hmitations on the types and amounts of -Rrecyclable Mmaterials that will be accepted at the recycling centers. The County
also may charge fees for the use of 1ts recycling centers. The conditions, hmitations, and fees applicable to the recycling
centers shall be established by resolution of the Board.
B. The Countv may maintain Hazardous Waste Collection Centers and mav. periodicallv. host special
roundups to accept hazardous materials from residents. includimr pharmaceuticals for Operation Medicine Cabinet for
proper disposal.
C. Conditionally exempt and small auantity generators may bring hazardous materials to the recvcling
centers upon appointment with the hazardous materials collection and/or disposal comoany. Acceptance of the hazardous
materials and pavrnent for this service will be the responsibility of the hazardous material collection and/or disposal
company and the eenerator.
.Q..Q. A bfontractor shall not deliver Rrecyclablc Mmaterials or g~olid W~aste to the County's recycllng
centers, unless the deliveries are approved in advance by the County Manager.
SECTION SEVENTEENTWENTY-ONE: Variances.
A. The County Manager shall grant an administrative variance from the requirements in this Ordinance
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when an (;)Qwner, Ggenerator or other P-Qerson demonstrates that the application of the Ordinance would create a
S~ubstantial Hhardship.
B. Any QQwner or Ggenerator who demonstrates that, due to site specific conditions, the GQwner or
Ggenerator cannot simultaneously comply with this Ordinance and the provision of any section of the Collier County Land
Development Code or the provision of a duly adopted planned unit development, may seek a variance pursuant to Section
9.04.00 of the Land Development Code. In the alternative, the County Manager may grant an administrative variance
from the requirements of this Ordinance.
C. An apphcation for an administrative variance pursuant to this Ordinance SI:lBseetieflS 1'7 .j\. ST 17.9,
~ shall be submitted to the County Manager on a fOIlll prescribed by the County Manager. An application for a
variance from the County's Land Development Code pursuant to S1:lBseet18fl 1 :.Bthis Ordinance,..-a&Ewe, shall be governed
by Section 9.04.00 of the Collier County Land Development Code. The fee for a variance shall be established by
resolutlon of the Board.
D. Pursuant to Section Five of the 2004 Land Development Code adopting Ordinance (Ordinance No.
2004 - 50), the requirements of Section 4.05.04 (minimum requirements for parking spaces) and Section 4.06.00
(minimum requirements for visual screenlng) of the Land Development Code do not apply to a PQerson that filed an
apphcation for a site plan approval before Julv 29.2005 the effective enforcement date of this Ordinance, but only if and
only to the extent that the P-Qerson's compliance with this Ordinance precludes the P-Qerson from complying with the
requirements in Sections 4.05.04 and 4.06.00 of the Land Development Code.
SECTION EICIITEENTWENTY -TWO: Inspections. Enforcement and Penalties.
A. The County Manager is authorized to conduct inspections on Nnon-Rresldential P-Qroperty. multi-
family orooertv. at temoorarv events and at venue facilities for the purpose of determining \':hether a Pers8R is in
compliance with the requirements of this Ordinance. The County Manager also is authorized to inspect any vehicle,
equipment or collection container used to bfollect or transport Rrccyclable Mmatcrials in the County for the purpose of
ensuring that the vehicle, equipment or container is not producing litter or leaking hquids or other residuals during
transport.
B. It shall be prima facie evidence of a violation of this Ordinance if an QQwner or Ggenerator fails to
have a Rrecyclable Mmaterials collection bfontainer in use on their ~non-Rresidential Pyroperty. multi-familv orooertv.
temoorarv event or venue facilitv.
C. To provide the public with a reasonable opportunity to comply with this Ordlnance, the County shall
not seek any penalties for violations of this Ordinance amendment that occur within tweWesix months of the effective date
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of this Ordinance amendment. The deadline for compliance with this Ordinance may be postponed by resolution of the
Board.
D. The County Manager shall have the power to enforce the provisions of th1s Ordinance through the County's
Code Enforcement Board or Special Magistrate using the enforcement process and penalties established bv the Collier
County Consolidated Code Enforcement Ordinance. as it may be amended or replaced. The County Manager also may
enforce th1s Ordinance by using any other enforcement procedure that is approved by the Board in the future pursuant to a
CountyeQrdinance.
gECTlON NINETEEN: .'.aa.aIs.
:\. The CSHflly Mftfloger is here13y gFBAtea the Bwllerity 18 reselye afI)' ~liestieflS €OneerniRg the preper
intefi3retatioJ-l fmd flpplieatisfl sftAis OFeliA8flee.
B. :\.R)' EleeisisR Elf tRe CSl:lRt) Maflagef blflEler tRis OrdiflaRee may Be Ri3l3ealed to the BElarEl. }.R)' a)3peal
sAall .. initiat.s .y tiling a wAtton potitisn \.. ith th. CSHl1t)' Manager within tOR (19) sa)'s after 111. CSHAt)' Manag.r
issues a wriUeR e1eeisiElR eElfleeFA1Rg tl:le matter iR diSJ3ute. The J3etitiElfl sl:laH deseriBe t-Ae facts aRa issues iR e1isJ3l:lte 8flEl
sl:lall eJ:J3laifl '.yl:ly tRe petitiElRer is eAtitleEl tEl relief. The petitiElFl shall Be I3feseRteel tEl the BearEl fElr its eSFlsideratiElH as
el:)3eElitiElusly as )3Elssihle, But tfle petitiElRef shall Be gi\ eH at least teR (1 Q) sa)'s ael\'fH'l,ee fletiee Elf the BElard's meetiHg
eOfleeffii19g tRe J3etitiot-l. :\t the Beard's meeting, t-he )3etitiElRef shall Rave the hblTElefl Elf prs\'iflg that it is eAtitles tEl tHe
rehefre~blested.
SECTION TWENTY: g.y..a.m....
If a19) elause, seetiElH Elr prEl,,:isiElfl Elf tRis OrEliflfmee shall Be deelareeI to he blneElflstitl:1tional Elr iR':alieI fer afI)'
eablse Elf reasafl, tRe sftffie sRallee eliminated [rem this OFeIi19anee 8fld the remai19iflg POrtiElfl aftRis OreliA8flee sRallbe iR
fl:lll f-eree afIB eff-eet and be as valid as ifsueR iflyalia paRieR thereefltad flElt BeeR iflcof)3Elrated therein.
SECTION TWENTY-GNETHREE: Conflict and S.v.rabilitv.
In the event this Ordinance conflicts with anv other ordinance of Collier County. the more restrictive shall aooly.
If any phrase or portion of this Ordinance. or the oarticular application thereof. shall be held invalid or unconstitutional bv
any court. administration allencv or other body with aporooriate iurisdiction. the remaininl! section. subsection. sentences.
clauses. or ohrases and their aoplication shall not be affected thereby. The proyisieRs ef any etHer Callier Ceblnty
OrEliAaflee tRat are iRcaFlsisteFlt Elr iR eSFlf.liet .. itH tHe )3rElvlsisRs of tHis Orel.iRanee are sbl)3eFseeIeEl ta tRe eJttent af sueh
ineensisteFley ar eeflf.liet, Elr \, aived wHefl tRe subjeet of a "aRaflee graRted }3b1fSU8flt ta SeetiElfl 1 €I eftl=iis Onli19aflse.
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SECTION TWENTY-+WOFOURt Inclusion in the Countv's Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish this goal, and the
word "ordlnance" may be changed to "section", "artlc1e", or any other appropriate word.
SECTION TWENTY THREEFIVE: Effective Date.
Thls Ordinance shall become effective upon receipt of notice of its filing from the office of the Secretary of State
of the State of Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this
day of
BOARD OlJlC UNTY COMMISSIONERS
OF COLLI =FL:;f'~
By:
DONNA FIALA, CHAIRMAN
Assistant County Attorney
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17E It
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-56
Which was adopted by the Board of County Commissioners
on the 27th day of October, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of October, 2009.