Ordinance 2007-12
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ORDINANCE NO. 07--12-
AN ORDINANCE AMENDING ORDINANCE NUMBER 89-
05, AS AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE SOLID WASTE SUB-ELEMENT OF THE PUBLIC
FACILITIES ELEMENT; BY PROVIDING FOR
SEVERABILITY; AND BY PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Collier County
Growth Management Plan on January 10, 1989; and
WHEREAS, Collier County has held public hearings to provide for and
encourage public participation throughout the 2006-07 plan amendment process; and
WHEREAS, Collier County did submit the 2006-07 Growth Management Plan
Amendments to the Department of Community Affairs for preliminary review on May 26,
2006; and
WHEREAS, the Department of Community Affairs did review and did not make
written objections to the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES
ELEMENT Amendments to the Growth Management Plan and transmitted the same in
writing to Collier County within the time provided by law; and
WHEREAS, Collier County has 120 days from receipt of the written objections
from the Department of Community Affairs to adopt, adopt with changes or not adopt
the proposed SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
Amendments to the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take
action in the manner prescribed by law and did hold public hearings concerning the
adoption of the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES
ELEMENT Amendments to the Growth Management Plan on January 25, 2007; and
WHEREAS, all applicable substantive and procedural requirements of law have
been met; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE SOLID WASTE SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE
GROWTH MANAGEMENT PLAN.
This Ordinance as described herein, shall be known as the SOLID WASTE SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth
Management Plan for Collier County, Florida. The Collier County Growth Management
Plan SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
Amendment is attached hereto as Exhibit A and incorporated herein by reference.
1
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this Amendment to the SOLID WASTE SUB-ELEMENT OF
THE PUBLIC FACILITIES ELEMENT shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding the Element in
compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs
earlier. No development orders, development permits, or land uses dependent on this
Element may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a Resolution affirming its effective status,
a copy of which Resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida
32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County this 25th day of January. 2007.
ATTEST:
DWI T E>Sa 'e~"CLERK
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APPROVED1A$, TOl FORM AND
LEGAL SUFFICIENCY:
BOARD OF COUNTY COMMISSIONERS
:~LLlER ~~~~' FL.
JAMF1iY'~ AI AN
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MARJO EM. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
2007 SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
This ordinance filed with th('
~~tary of tote's Office t~, .
day 0 / ~~l
and ocknowledgemer:'~ that
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DP.pu terk
2
Solid Waste Sub-Element
As Adopted by BCC
1-30-07
EXHIBIT "A"
I.
INTRODUCTION
[New Language, page 1]
The Solid Waste Sub-Element establishes a policy framework for Collier County's
current solid waste management facilities and provides general direction for the further
development of the County's solid waste management system in the future. The purpose
of the Solid Waste Sub-Element is to assure the provision of cost effective and
environmentally safe disposal of solid waste for the present and anticipated future
residents of Collier County. The proper collection. processing. and disposal of solid
waste is important to the health, safety and welfare of all Collier County residents.
Improper disposal of solid and/or hazardous waste can contaminate drinking water or
expose residents to environmental and public health risks.
In addition to the safe and environmentally sound collection. processing and disposal of
residential and commercial solid waste. the Solid Waste Sub-Element also contains
provisions related to: monitoring for potential environmental impact pursuant to State and
Federal rules and regulations and the associated permit conditions: the collection and
disposal of hazardous materials; the County's recycling programs: and. solid waste
recovery programs.
Words underlined are added; words struok through are deleted.
Solid Was1e Sub-Element
As Adopted by Bee
1-30-07
Goal, Objectives and Policies
Solid Waste Sub-Element
GOAL 1:
[Number Removed, page 1]
PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND
PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY
TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE
DISPOSL\LMANAGEMENT IN A MANNER TO ASSURE THEIR PUBLIC HEALTH
AND SAFETY AND TO PROTECT THE AIR, WATER AND LAND RESOURCES
OF COLLIER COUNTY.
OBJECTIVE 1-:+: (COLLECTION)
[Renumbered, revised text, page 1]
Collier County shall continue to +he mainteaance maintain e:f a safe, dependable and
efficient solid waste collection system.
Present facilities meeting the current Level of Service includes- two (2) franchise
collection areas and three transfer stations Recycling Centers, as follows:
a. Unincorporated County service area;
b. Immokalee service area;
c. Three (3) transfer stations Recycling Centers;
1. Naples Traflsfer Station Recycling Center
2. Marco Transfor Station Recycling Center
3. Carnestown Transfer Station Recycling Center
Policy 1.1.1:
[Renumbered, revised text, page 1]
The County shall ~ontinue to maintain and regulate commercial. multi-family and tax-
bill based residential collection costs to ensure efficient and dependable service
affordable to all users.
Policy 1.1.2:
[Renumbered, revised text, page 1]
The County shall Maintain retain its mandatory collection ordinance Number 2005-54.
~ as amended, and the mandatory commercial recycling ordinance Number 2004-50.
as amended.
Policy I.I.3:
[Renumbered, revised text, page 1]
The County shall ~ontinue to evaluate economic transfer and disposal systems including
transfer stations the use of full-service recycling centers.
Words underlined are added; words struok through are deleted.
2
Solid Waste Sub-Element
As Adopted by Bee
1-30-07
Policy 1.1.4:
[Renumbered, revised text, page 1]
The County shall ensure Assure public awareness and participation in solid waste
collection issues by requiring all issues to be addressed in advertised public meetings
addressing such issues in duly noticed public meetings.
OBJECTIVE 1.2: (DISPOSAL)
[Renumbered, revised text, page 1]
The County shall ~ontinue to utilize safe and efficient methods for environmentally
sound disposal of solid waste in accordance with local, State and Federal regulations and
shall continue to investigate improved methods and implement practices that meet this
objective.
Policy 1.2.1:
[Renumbered, revised text, page 1]
The County shall continue to Mmonitor groundwater wells- as required by the regulatory
permit conditions for the operation of the landfill and continue to closely evaluate the test
data. Deyelop remedial actions if conditions are not satisfactory and in compliance with
State and Federal rules and regulations.
Policy 1.2.2:
[Renumbered, revised text, page 2]
The County shall continue to Implement and maintain leachate and gas management
systems at County landfills as needed in order to comply with permit conditions.
Policy 1.2.3:
[Renumbered, revised text, page 2]
The County shall continue to P12ursue State and Federal grants for. and participation in..
feasibility projects eft for the development and investigation of improved techniques for
landfill operations and eHlef alternative methods ef for solid waste disposal.
Policy 1.2.4:
[Renumbered, revised text, page 2]
Maintain tho laRd inventory required for futme landfills to meet the reoommended Le'/el
of Seryice standards.
By fiscal year 2010. the County shall acquire and/or retain the land inventory required for
future solid waste operations. based upon selection of. including but not limited to. one or
more of the following options in order of priority:
1. Develop the means to partially or completely divert solid waste from the landfill
(additional recycling or alternative forms of disposal).
2. Increase the permissible elevation of the Naples Landfill so as to gain additional
airspace capacity.
Words underlined are added; words struok through are deleted.
3
Solid Waste Sub-Element
As Adopted by Bee
1-30-07
3. Explore emerging conversion technologies that would allow for continued solid
waste disposal operations within Collier County.
4. Secure and utilize additional capacity at a landfill or landfills.
Policy t.2.5:
[Renumbered, revised text, page 2]
The Level of Service for Solid Waste Sub-Element shall be:
a. Tons of solid waste per capita per year, used to determine landfill disposal
capacity, is based on the average of the last.fPre three complete fiscal years actual
lined cell tonnage activity.
b. Two (2) years of constructed lined landfill cell capacity at the disposal rate
calculated per -h2.5.a.
c. Ten (10) years of permittable landfill capacity at the disposal rate calculated per
-h2.5.a.
Policy t.2.6:
[Renumbered, revised text, page 2]
The County shall annually ggefine the cost of continued landfilling solid waste
collections and disposal within the County over the next 5, 10 and 20 year time periods
taking into consideration all operating and capital costs.
Policy t.2. 7:
[Renumbered, revised text, page 2]
The County shall /\ssure promote public awareness .Q.f, and participation in. solid waste
disposal issues by requiring all issues to be addressed in advertised pl:lblic meetings.
addressing such issues in duly noticed public meetings.
Policy t.2.8:
[Renumbered, revised text, page 2]
The Collier County Solid Waste Department shall continue to operate and maintain a
hazardous waste collection facility. The facility shall operate five (5) days per week and
will accept household hazardous wastes. Additionally. the Department shall continue to
hold its hazardous waste collection day at least efl€e twice per year targeting residential
households but also allowing small businesses to participate to some extent.
OBJECTIVE t.3: (RECYCLE AND RECOVERY) [Renumbered, revised text,
page 2]
The Collier County Solid Waste Department shall continue to Mmaintain and update the
Integrated Solid Waste Management Strategic Plan Solid Waste Master Plan as directed
by the Board of County Commissioners.
Words underlined are added; words 6truck through are deleted.
4
Solid Waste Sub-Element
As Adopted by Bee
1-30-07
Policy t.3.1:
[Renumbered, revised text, page 2]
The Collier County Solid Waste Department shall continue to Mmaintain and improve
programs to reduce the amount of solid waste that requires disposal at County landfills
by:
a. Maintaining and enhanceing the current COURty wide countywide single family
through fourplex residential curbsido recycling program~_.
b. Maintaining and enhanceing the current county-wide multi-family residential
recycling program.
bf.. Maintaining and enhanceing the current county-wide commercial business
recycling program~ to encourage and assist commercial busiaess recycling
activities county wide.
eg. Continue Maintaining and enhanceing the curb-side separation of material into
recyclable categories to be received at the material recovery facilities landfill i-ate
recyclable categories.
e. Continuing to explore additional measures for waste reduction.
Policy t.3.2:
[Renumbered, revised text, page 3]
Continue iRvestigation of cost saviRg methods for landfills:
a. LaRdfill miRing to reco"er and recycle cover material. Landfill mining provides a
method of clean up of unlined landfills and for rocycling existing acreage for new
landfills.
b. Investigate methane gas recovery aRd use.
The County shall continue investigation and implementation of cost-saving measures for
County disposal operations. The County shall evaluate other measures. including landfill
mining. as new technologies and practices emerge. (Currently. a methane gas collection
program is in operation.)
Policy t.3.3:
[Renumbered, revised text, page 3]
The County shall i\ssure promote public awareness Q[. and participation in~ solid waste
disposal recycle and recovery issues by requiring all issues to be addressed in advertised
public meetings addressing such issues in duly noticed public meetings.
EAR-SW S-E Adopted by Bee
G: eomprehensive/EAR Amendmen1 Modifications/Bee Adoption Final
cs-kvl-dw/5-24-06
Words underlined are added; words struck through are deleted.
5
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 2007-12
Which was adopted by the Board of County Commissioners
on the 25th day of January, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of February, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners . '
,
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By: Ann Jennejohn,
Deputy Clerk