Ordinance 2009-56
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(' " AN ORDINANCE OF THE BOARD OF COUNTY COMM!SSI~,RS ~ 6'C-" -; , ,;L<6>7
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO;'2it04-~, '," S~
,tHE "COLLIER COUNTY NON-RESIDENTIAL "IU;CYCONG ,"'"
. . ORDINANCE," BY AMENDING SECTION ONE "INTENT AND
PURPOSE", SECTION TWO "TITLE AND CITATION" T() "THE"
COLLIER COUNTY RECYCLING ORDINANCE", SECTION1;ffilE~
"APPLICABILITY", SECTION FIVE "DEFINITIONS", SEqTION
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 TWEL VE "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.
ORDINANCE NO. Ii Ii
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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
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 PurDose.
It is the intent and purpose of this Ordinance to promote &recycling by: (a) requiring businesses . temDorarv
events. venue facilities. and institutions in unittsBF(lOmled Collier County to segregate and recycle as many designated
Rrecyclable Mmaterials as DOssible pAlClieallle; (b) recuiri"" multi-familv nroDerties to orovide collection containers and
recvclin2 services to residents: (c) -establishing educational programs concerning &recycling; Wil!1 providing incentives
and awards programs that will make Rrecycling more attractive to the businesses. multi-familv DroDerties. temDorarv
events. venue facilities. and institutions in uninBOF(lBmled Collier County; ~..wJimitiHg the regulalB'Y impaet Bf lhis
OF<IinanBB en busineos; and \e) ill.. eliminating potential conflicts between the requirements of this Ordinance and the
requirements of the County's Land Development Code. By utiJizing 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 tHe bu.sinesses. multi.familv orooerties. temoorarv events. and venue
facilities. IIRd ittotilulions 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 may he cited as the "Collier County NSR ResiaeFltial Recycling Ordinance".
SECTION THREE: Applicabilitv.
The provisions of +!his Ordinance shall apply to. and be enforced in. Be 8f1J3lieal31e E1Hl) \\ jtJ:JiFJ. the
unincorporated areas of Collier County. and in any municioalities within Collier County that alITce to such apolication and
enforcement. bv inter-local alUecmcnt between the e.overninll bodies of the municipality and the County.
SECTION FOUR: Construction and Interpretation.
This Ordinance shall he 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 8~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 he 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 Operation means the license that a bfontractor must obtain from the County before it can
G~ollect -R:recyclable Millaterials in the County.
C. Code Enforcement Board means the Collier COllntv Code Enforcement Board. which mav act as the
Collier County nuisance abatement board from time to time. and which is authorized to hear and decide cases involvinl!
violations of any County Code or Ordinance. eNtity tARt is res]38Asi13le fer eFlfsFeiflg tA8 COUflt) 's 8TEhfl8f1SSS ]3l:l.rsl:uffit te
Chap!.r 2, Dn,s;oR 11, of the Code of La" s oRd OrdiRaReos of Collier CoeRI)'. florida,
D. Code Enforcement Officer means anv authorized al!ent or emolovee of the Count v whose duty it is to
assure code and ordinance comohance.
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f)E.. Collect means to gathef Of pick up Rrecyclable Mmaterials for transport and delivery to a Rrecycling
!'facility.
e.E. Contractor means a P-person who Gfollects or transports Rrecyclable Mmaterials~ [rem I>JOR ResiEfeRtial
Preperty f"8r praHl.
F,G. County means Collier County, Florida.
~H. County Manaeer means the County Manager of Collier County or the County Manager's designee.
MI. Customer means an QQwner or Ggenerator that enters into a &~ervice Aggreement with a Gfontractor
for Rrecycling services.
11. De Minimis Amount means the amount of~Solid ~Waste which lawfully may be included in separated
R[ecyclable Mmaterials. A De Minlmis 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. Dwellim! means any building, or part thereof, intended, designed, used, or occupied in whole or in part
as the residence Of living quarters of one or more persons, pennanently or transiently, with cooking and sanitary facilities.
Such tenn shall not mean a room in a motel or hotel.
K:1. 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 orooertv. temporary event orllanizer. venue facihty. not-
for-profit organization and institution (i.e., all P-persons except individuals) that generates one or more R!ecyclable
Mmaterials as a result of its activities~ en ~Jefl Resiaefltlal PrepeFty.
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 sienificantlv contribute to an increase in mortalitv or an
increase in serious irreversible or incapacitatinlZ reversible illness. or may pose a substantial present or potential hazard to
human health or the environment when improperl y transported, disposed of, stored. treated. or otherwise manalZed.
Hazardous waste includes any material or substance identified as a hazardous waste or hazardous substance in the Florida
Administrative Code. Florida Statutes. or other applicable laws.
MO Materials Recoverv Facilitv means a &~olid W~aste managemcnt facility that provides for the
extraction from ~&o1id '!yWaste of Rrecyclable Mmaterials, materials suitable for use as a fuel or soil amendment, or any
combination of such materials.
Nf.. Multi-Familv Prooertv mcans 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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QQ. Non-Residential ProDerty means real property tfl.e.f-...ts located in aft HAiReSF}3eratea area ef 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 teFffi ~Jen Resisefltial PrsJgert)
shall net inell::lde afl) Resieential Units sr l:1Reeyelspea lana.
PRo Ordinance means this County Ordinance No. 2004-2Q, as amended.
QS. Onzanic Waste means Ggarbage QIiffiEl other similar putrescible S~olid W~aste, including source
separated food waste and food-soiled paper. Organic W~aste does not include yard trash.
-RI. Owner means a PQerson who owns W!2on-Rresidential pproperty. multi-family property. or a venue
facility. An GQwner 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. Primary Recvc1able Material means a Rrecyclable Mmaterial that is a Pers8J'I generategs 8F! Nan
Resia!.mtial Pi"oflerty inJill amounts greater than 96 gallons per month.
-yw. Recovered Materials means metal, paper, glass, plastic, textile, or rubber materials that have.J! known
Rrecycling 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 constltutes disposal.
&Recovered Mmaterials as described above are not S~olid W~aste.
\LX. Recovered Materials Processine Facility means a facility engaged solely in the storage, processing,
resale, or reuse of Rrecovered Mmaterials.
wy. Recyclable Materials means those materials that are capable of being Rrecycled, which would
otherwise be processed as S~olid W~aste, and are designated by the Board pursuant to Section Six (; of this Ordinance.
.xZ. Recyclable Materials Container means any container for the collection of recyclables. includine but not
limited to. recycline bins. recycline carts. dumpsters. roll-offs. or comoactors. eOJ(, HiB, sr other eSHtainer 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 leakalZe. soillal2:.e. and overflow of any tvoe ofrecvclablc materials. aAa is s1:iitable fer tRe eelleet18R sf
Ree) elsele Materials.
~AA. Recycl1TIl! means any process by which S~olid W~aste, or materials which would otherwise become
S~olid W~aste, are collected, separatcd, processed~ and reused or returned to use in the form ofraw materials or products.
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:6BB. Recychne: Facility means any facility that recycles Rrecyclable Mmaterials, including but not limited to
buy back centers, drop-off centers (both permanent and mobile), designated County Rrecycling f.eenters, Mmaterials
&recovery Ffacilities and R[ecovered M!!J.aterials PI!rocessing .J":facilities.
AACC. Residential Unit means a single-family residence, or duplex residence~ aHa a P1Hlti family ResiaeHee.
&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 bcing delivered to another location for consumption.
GGEE. Self-Haulin2 Certificate means a written certification by an QQwner or gGenerator that attests
6sHHFffliHg that the GQwner or Ggenerator is collecting and transporting Rrecyclable Mmaterials to a Rrecycling .J":facility.
OOFF. Service AllTeement means a written agreement between a bf.ontractor and an GQwner or Ggenerator
concerning the collection of Rrecyclable Mmaterials.
&eGG. 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 bioloe:ical waste. biomedical waste. bulk waste. C&D debris. commercial waste. disaster debris. electronic eouipment.
e:arba2e. hazardous waste. land clearin2 debris. ore:anic waste. radioactive waste. recvclable materials (until thev are
recvcled)' reiects. residential waste. residue. rubbish. special waste. tires. white e:oods. and yard trash.
~HH. Special Malristrate means a person authorized by the Board to hear and decide cases involving
violations of any County codes and lor ordinances.
!I Substantial Hardshio means a demonstrated economic, technological, legal, or other type of hardship.
JJ Temporary Event means anv event reouirine: (I) a permit or license pursuant to Chapter 10 of the Code
of Laws and Ordinances of Collier Countv. Florida: or (2) a permit pursuant to Section 5.04.05 or 5.04.06 of the CoWer
Countv Land Development Code; or (3) any event reouirin2 a permit or license from the Health or Fire Deoartments.
KK Venue Facility means any buildinl! or other oermanent facility used for temoorary events. A venue
facillty may be owned by the 2overnment. a oerson. or a non-profit onmnization.
SECTION SIX: Desil!nation 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 dctermines that a market exists for such materials and a cost-effective system is in
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place for Rrecycling such materials, Materials shall be deleted from this list of Rrecyclable M!1]aterials if the Board
determines that a market no longer exists or a cost-effective system is no longer in place for Rrecycling such materials.
SECTION SEVEN: Minimum Standards for Recvclin~ on Non-Residential Property.
A. Each GQwnef shall: (I) provide R!ecyclable Mmaterials bfontainers on the GQwnef1s Nnon-
Rresidential P12fOperty so the Ggenerators located on the GQwner's Nrron-R[esidcntial P,Qroperty may recycle all of the
R!ecyclable Millaterials that the GgeneTators have designated pursuant to Subsection .:;z.Seven ;B.,., below; and (2) arranee
for -bfollection services of recychnS! --the materials placed in the Rrecyclable Mmaterials ~ontainers or self-haul and
transport those materials to a Rrecyc1ing .J<facility.
B, Each Ggenerator shall dilig...tl) attempt te recycle all of the I'l!rimary Rrecyclable M!1]aterials that it
produces. At least once each year, each Ggenerator shall: (I) consider the list of Rrecyclablc 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-Rrcsidential Pnroperty; (3) identify the PRrimary Rrecyclable Mmaterials that the Ggencrator produces;
and (4) identify (i.e., designate) the PRrimary Rrecyclable Mmaterials that the Ggenerator wHt must recycle. Thereafter,
each Ggencrator shall separate the designated Pgrirnary Rrecyclable Mffiaterials from the Ggenerator's 8.~ohd W~aste,
and the Ge'R€fBteT sRall place the designated PQrimary Rrecyclable Mmaterials in Rrecyclable Mffiatefials Gfontainers
provided for collection.
C. If a Ggenerator's activities do not produce any ~rimary &recyclable Mmaterials. the Ggenerator shall
designate and recycle one or more Rrecyclable Mmaterials in the manner described in Subsection -7Seven ~B, above. unless
the Ggenerator is exempt pursuant to Subsection &. Eleven ~A, below.
D. Each Ggenerator shall coordinate with the QQwner of the Wnon-R[esidential Pyroperty where the
Ggenerator's activities occur, and each GQwner shall coordinate with the Ggenerator~s-on its Nnon-Rresjdential Pyroperty,
to ensure that the Ggenerator's Rrecyclable MDJaterials are taken to a Rrecycling I<facihty.
E. No P12erson shall dispose of Rrecyclable Mmaterials that have been separated from g~olid W1Yaste pursuant
to the prs\'isisRs of Subsections -7 Seven .B or :+Seven ~C, above.
F. No P12erson shall place g~olid W!yaste. or hazardous waste in a &recyclable MDJaterials bfontainer.
G. No P12erson shall cause litter or a nuisance. Each PQerson shall take all necessary steps to ensure that their
own Rrecycling activities do not cause litter or a nuisance. Each PQerson shall immediately pick up any htter and
eliminate any nuisance caused by their ewfl-activities.
H. Each QQwner shall, upon request, provide the County Manager with a copy of a g~ervice A~reement,.....Q[
g~elf--l=lhauling ~ertificate with recelots from a recvcline facilitv, or otHer aOe1:l.FAeRt (e.g., reeeiJ3t from a Re~)eliRg
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Facility) demonstrating that the PQrimary Rrecyclable Mmaterials generated on the GQwner's Wrron-Rresidential P-Qroperty
are being taken to a RIecycling ~facility. The S~ervice Aweement,....QL -S~elf-Hhauling bfertificate, sr etner aeeHmeRt
shall he available for inspection by the County Manager at the GQwner's Wrron-Rresidential P-Qroperty durinR--normal
business hours. The GQwner atse shall mail or deliver these documents to any Ggencrator located on the GQwner's Wrron-
Rresidential Pnroperty, 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 S~ervice
Aweement. or a S~elf.Mhauling Gfertificate with receipts from a recyclin2 facility, ar etAef assl:imeflt (e.g., reeeiJ3t fFem
a Res)'eliRg faeilit)) demonstrating that the Ggenerator's P-nrimary Rrecyclable M!!laterials are being taken to a
Rrecycling ~facility. The S~erY1ce Aggreement,..QL --S~elf-#hauling Gfertificate, 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 GQwnef may satisfy its obligations under this Ordinance by performing the required activities itself
or by using the services of a Gfontractor or other P-Qerson who complies with the requirements of this Ordinance.
However, notwithstanding anything else contained herein, the QQwner shall bc responsible for ensuring and demonstrating
its compliance with the requirements of this Ordinancc.
K. A <;Jgenerator may satisfy its obligations under this Ordinance by performing the required activities
itself or by using the services of a ~ontractor or other P-gerson 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 Recvclinl! on Multi-Familv ProDertv.
A. Each owner shall: (I) provide rccyclable materials collection containers on the owner's multi-familv
proDertv: and (2) aITan2e for recvcline collection services.
B. Each owner shall display prominent si211alZe indicatin2 the location of reCYChnlZ collection container
locations.
C. Each owner shall orovide printed recyclin2 education informational materials to residents at a minimum
of two hmes Der year.
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D. No person shall dispose ofrecvclable materials that have been separated from solid waste.
E. No oerson shall place solid or hazardous waste in a recycline: collection container.
F. Each owner shall take all necessary steps to ensure that recycline: activities do not cause litter or a
nuisance. Each owner shall immediately pick-up any litter and eliminate any nuisance caused by any recvcline: activity.
G. Each owner shall annually provide the Collier County Solid Waste Manae:ement Department current
contact information for all multi-family property.
H. The County's exclusive franchised contractor for the collection of residential orol!ram recvclables
includes the collection of program recyclables e:enerated by those customers that occuov multi-family residences. even if
the customers receive non-curbside residential collection service.
SECTION NINE:
Minimum Standards for RecvcliOl! at Temoorarv Events.
A. Anv person seekine: a permit for a temporary eyent within Collier County shall complete and submit
with their oermit application the Solid Waste Manae:ement Department's Temoorary Special Event Recvcline: Plan. In
addition. promotional literature. sign age and temoorary event announcements shall contain information about recvclinl! at
the temporary event.
B. The Solid Waste Manae:ement Deoartment shall reyiew the Temoorary Soecial Event Recycling Plan and
determine whether the plan includes reasonable measures to promote recycline. esoeciallv for oaner. cardboard. and
beveraee containers made of olastic. elass and aluminum.
c. The County Manaeer shall be allowed to attend the temoorary event at no charee. solely for the ouroose
of assistine with and verifvine the recvcline efforts.
AD. If the temoorary eyent will not lZenerate more than one ninety-six (96) eaUon container ofnon-seoarated
solid waste for disposaL a administrative variance may be reQuested from the reQuirements to collect recvclable materials.
The County Manaeer will establish a procedure for the consideration of an administrative variance from the reauirements
in this section if the County Manaeer concludes a good faith effort has been made to satisfy the requirements herein.
E. The oermittee shall provide at least one recvclable materials collection container for each solid waste
container provided at the temoorary event. The recyclable materials collection containers shall be clearly labeled and
placed in the same locations as each solid waste container. The oermittee shall arrange for the contents of the recvclable
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materials collection containers to be delivered to a recvcline center or similar facilitv.
G. If the Dermittee self-hauls recvcIables from temDorarv events to a recvcIine center or similar facility.
the rermittee shall deliver a CODV of the recvcline center/facility receiDt to the Solid Waste Man8l!ement Deoartment bv
fax. email or mail within 30 days of the event.
H. All temDorarv event onzanizers are encourll2ed to bold a Dre-event recvcIine workshoD for vendors and
volunteers,
SECTION TEN:
Minimum Standards for Reevcline at Venue Facilities.
A. The owner of each venue facilitv shall oreoare and imDlement a Temoorarv SDecial Events Recvcline
Plan. The TemDorarv Soecial Events Recvcling Plan shall reauire recvcIine durine each temoorarv event and other lawful
uses of the venue facility. The Temoorarv Snecial Events Recvcline Plan must be submitted annuallv to the Solid Waste
Man8l!ement Deoartment. The County Manager shall review the TemDorarv Snecial Event Recvcling Plan to determine
whether the Dlan includes reasonable measures to encourae:e recvclio2. At a minimum. the TemDOrarv 80ecial Event
Recvcline Plan shall be desilmed to oromote recvcline of Daoer. cardboard. and beveraJle containers made of olastic. 21ass.
or aluminum. The owner of a venue facility shall be resDonsible for ensurine that the Temoorarv SDecial Event Recvcline
Plan is imolemcnted when the venue facility is used.
B, Venue facility manaeers are encourll2ed to hold a ore-event recvcline workshoo for vendors and volunteers.
SECTION IUCHT ELEVEN:
Exemotions from RecvcliDl! Standards.
A. Notwithstanding any ellter pfElvisien hefElin, a Genoflltor shall bo o"llRIJlt fmm tho ..~ui_onls in Sealien 7
ef tRis Ordinanee if the GeaeFater 115$ Be mere tRBft eRe eaataiBer fer the EHSJ38Sal of its Selid v.'85te, tHe S8RtaiRer'S
.ap..,ily is no gFOater lItoo ninety Sill (96) gallens, lIRd tile .emoots ef lito .onlainer "'" .elleated no me.. than I"''' (2)
times I'er '.veek. An exemotion may be allowed where comDliance 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 exemDtions are to be
construed as temDorarv. for a Deriod of one II) vear. and shall be considered withdrawn on the fIrSt to occur of (a) a
chanJ!e in the condition{ s) which oromoted the exemotion. or (b) the exoiration of the time oeriod 2I'aOted in the
exemotion. Should an exemotion be withdrawn because the time oeriod has exoired. an aoolicant may saDlv for renewal of
the exemotion.
B. Notwithstanding: anv other Drovision herein. an owner shall be exemot from the reouirements of this
Ordinance if; (I) all of the eenerators on the owner's non-residential orooertv are exemot from or not reouired to comDlv
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with the rovisions of this ordinance or 2 nmar rec c1able materials are not bein
enerated b an activities
occuninlZ on the owner's non-residential Dfooertv.
:B~. Notwithstanding any other provision herein, a (;generator shall not be required to recycle a Rrecyclable
Mmaterial if the Ggenerator demonstrates to the County Manager that there is no collection service or etAer eest effeetivc
system available for Rrecycling such material.
C. }Olet.. itAstanai"Rg any etAer ",re'isien Aerein, Bfl O\YFler sAall Be eJ(8mflt from tAe FeEjl:lirements in
Seeti8R'7 BftAis OnhRBnee if: (1) all eftAe GeReraters en #Ie O\'.'ner's tIeR Residential PrefleFty are ei(empt frem erflet
requ-ires te eemfJly \\ itA tAt! flre':isieRs 8f Seetien 7; Br (2) Pflmar) Ree~'ela13le MateFials are Rat 13eing generates 13,)' fm)'
aetivities eeeHFRflg OR tAe O\'.'Fler's NeR ResiElefltial PreJ3eRY.
SECTION NlNETWELVE: Extraordinary and Innovative Recvclin2.
A. All 9Qwners, ftftd...(;generators, and any oerson orlZanizinl! a temoorarv 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,:., espeeiall) alumiRum eans, flRfJer, aRa eanlSBara.
B. Owners, afHl.-Ggenerators. and any oerson orlZanizinlZ a temoorary event are encouraged to work with
the County to develop new and innovative methods to recycle other Rrecyclable Mmaterials, such as GQrganic W~aste.
C. All municipalities in Collier County are encouraged to adopt and implement Rrecycling programs for
the 8\:1.sinesses ana institutiBflsnon-residential orooerties. multi-familv orooerties. temoorarv events. and venue facilities
located within the ifl6eF)3Brated areas Elf tAe CeHRtymunicinalities' comorate boundaries. If requested, the County
Manager shall provide advice and technical assistance with the development of the -Rrecychng programs for these
municipalities.
SECTION l'ENTHIRTEENf
Awards Prol!ram for Recvclinl! on Non-Residential Prooertv.. Multi-Familv
Property. Temoorarv Events and at Venue Facilities.
The County Manager is hereby authorized to establish and implement an awards program to recognize GQwners,
ilflti Ggenerators. and any nerson orlZanizinl! a temoorarv event -in the County-wfl.e that implement~ exceptional or
innovative Rrecychng programs for Nrron.Rrcsidential Pl!roperty. multi-familv orooerty. at temoorarv events and at venue
facilities.
SECTION ELEYENFOURTEEN: Recvclin2 Education and Promotion Pr02ram.
The County Manager is hereby authorized to establish and implement a Rrecycling education and promotion
program for GQwners, an4-Ggenerators. and anv nerson orlZanizinlZ a temoorarv event -in the County. The education and
11
promotion program may include, but is not limited to, public workshops, public service announcements, multi-media
advertising, and dJrect mailings concerning the methods and benefits of Rrecycling on N!2on-Rresidential PgropertYl
multi-family orooerty. temporary events and venue facilities.
SECTION TWEL VEFIFTEEN: Evaluation of Non-Residential. Multi-Familv. Temuorarv Event. aod Venue
Facility Recvcling: Pro2rams.
As needed, the County Manager shall provide a report to the Board concerning the County's Rrecycling program
for N!2on-R[esidential Pgroperty. multi-family prooerty. temporary events and venue facilities. -The report shall address
the effectiveness of the County's Rrecychng program~ for -Nnon--R:residential Pgroperty, multi-family property. temoorary
events and venue facilities. the general costs and benefits associated with thi-sese -program~, and any changes that should
be implemented to improve the effectiveness of the program~.
SECTION THIRTEENSIXTEEN: Recvclinl! Service Al!reements.
A Gfontractor shall provide a written g.~ervice Aweement to a Gfustomer before the ~ontractor begins to
collect that Gfustomer's Rrecyclable Mmaterials. The g.~ervice Aweement shall describe the services to be provided by
the ~ontractor, the fees to be paid by the Gfustomer, and the other terms of the parties' agreement.
SECTION SEVENTEEN: Temporarv Event. and Venue Facility Collection Service Al!reements.
Any contractor engae:ed bv the ofl!anizer of a temoorarv event to provide solid waste and/or recyclinu: collection
service is reauired to submit a copy of the invoice to the Solid Waste Manae:ement Deoartment within thirtv (30) days
after submittal of the invoice to the contracting Dartv. Each invoice will contain an estimate of the municioal sohd waste
and/or recyclables e-enerated at the event.
SECTION FOURTEE~EIGHTEEN: Standards lor Recvclinl! Contractors.
A. The County Manager shall aoprove a standard form that will he used as the County's Certificate of
Operation. The Certificate of Ooeration shall contain the conditions and limitations that are deemed aoprooriate by the
County Manager. The Certificate of Ooeration shall remain in effect for a oeriod of one (I) vear. and must be submitted
annuallv from the date of submission unless the Board aooroves a lonller duration bv resolution.
AB.. No p.Qcrson may Gfollect or transport Rrecyclable Mmaterials in the County for profit unless such
P.eerson has obtained a Certificate of Operation from the County's Solid Waste Manallement Department. However, a
certified Rrecovered Mmaterials dealer, as defined in Section 403.7046, Florida Statutes, is not required to obtain a
Certificate ofOperahon before engaging in business in the County.
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B!:.. A not-for-profit Pll.erson is not required to obtain a Certificate of Operation before collecting Of
transporting Rrecyclable M!!!aterials in the County.
G,Q. Any Pll.erson may file an application with the Solid Waste Manaeement DeDartment CeHflty Maflager
for a Certificate of Operation. The appl1cation shall be submitted on ftthe form prepared by the County Manager. The
applicant shall provide all of the information and documentation tfl..at-ts 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 Elf iflsl:lraRelE! semBRstratiflg that the aJ3Pl1s8flt has the fallEl....iRg miflimHfR
iRsHraRee (leverage: eefflmereial gefleral liabihty iRsl;J.TaRee sf at least $ I ,099,009; !:msiRess al;J.teffl8bile liability iFlsuF8flee
ef at least $1 ,999,909; v:ar~(ers' eom)3lE!flsatiefl iRsl:lraflee ef at least tl=le statHtery limits, Hflless eth8rv. JSB previses by state
la\\; ana l:ifRbfella liability iRsl:iraflee sf at least $2,999,999. The eeftifieates ef iflsl;J.raRee sl=la11 state that the CSl:lflty will
reeeive at least 39 says' \VAttefl RetielE! Berere eafleellatisfl aT resuetieR Elf 6S\erage. The eeftifieates af iRsHFBflee sflall
iRsieate that the Bears is a Ramed iRsHrea in all afthe iFlSl:lfaRSe pslieies reEjl;l.irea by this OraiflaRee, v. itA the eJleeptisFI of
wSTlteFs eempeflsatisR.
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.
.QE.. 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.
ef. The CSl:lflty ~1aRager shall &flpre\e a standard feR'FI tAat ':.i11 Be Hseel as the CSHfltj '5 Certifieate sf
OJ3eratisfl. The Ceftifieate sf OperatisR shall esntaiR tAe esmhtieRs ftfId IimitatieRs that are aeemea apJ3rspriate B) tAe
.BeRrd. The Ceftifieate sf OJ3eratieR SA all remaiH iH effeet fer a J3eried sf eHe (I) year, Hflless thE! Baara aPJ3rs\ es a leRger
dl:lratien by resell:!tiofl.
F. A bfontractor shall provide each of its bfustomers with Rrecyclable Mmaterials bfontainers that are
sufficient to accommodate the quantity and types of Rrecyclable Mmaterials that will be recycled by the bfustomer.
G. A bfontractor shall conduct all of its activities in accordance with all applicable laws and best
I3
management practices. A ~ontractor's vehicles, equipment~ and collection containers shall be kept in a clean and well-
maintained condition.
H. A Gfontractor shall not take a Gfustomer's Rrecyclable Mffiaterials to a landfill or other site for disposal,
unless the Gfontractor has received a variance pursuant to Section Mil 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 Rrecyclable Mmaterial it
collected, and each Rrecycling Ffacility to which the Rrecyclable Mmaterial was taken. The County Manager may require
the Gfontractor to provide such other infonnation as the County Manager reasonably dctennines 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 oropertv located
within two hundred 200 feet of a dwellin unless otherwise authorized b the Count Mana er. Contractors ma rovide
services at other locations at any reasonable time. subiect to aoproval by the Countv Manaeer. Contractors shall not
provide collection services on Sundays unless otherwise authorized bv the County Manal!er.
SECTION FIFTEENNINETEEN: Self-Hauline.
A. If an fJQwner Gf.ollects the Rrecyclable Mffiaterials generated on its Nnon-Rresidential PJ2roperty......M
temoorary events. or at venue facihties and transports those materials to a Rrecycling Ffacility, without using a
bfontractor, the GQwner shall, "peR reElHest, prepare a Self-Hauling Certificate for the County Manager.
B. If a Ggenerator bfollects and transports its &recyclable Mmaterials to a Rrecycling Ffacility, without
using a bfontractor, the Ggenerator shall, HJ38R reEll:Jest, prepare a Self-Hauling Certificate for the County Manager.
C. The County Manager shall approve a standard form that shall be used as a Self-Hauling Certificate, At
a minimum, the GQwner or Ggenerator shall provide the following infonnation in the Self~Hauling Certificate:
1. The name, address~ aHEI telephone number and email address of the GQwner or Ggenerator that
is signing the Self-Hauling Certificate;
2. The address of the Nrron-Rresidential PJ2roperty. temporary event or venue facility where the
R[ecyclable Mffiaterials 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 M!!laterials that are being transported and an estimated
14
tonnaee or yardaee value for each hue of recyclable material beine taken from the non-residential orooerty. temoorary
event. or venue facilitv to a recvcline center:
€i. for eae'" tjfle Elf Reeyelable Material, the amSI:lRt that is beiflg takeR frem tRe Nan ResiaeRtial
Pi'sJ3eFt) te a ReeyeliRg Faeility eaeh R'lsRth;
+-'L-The name and address of the R[ecycling Ffacility; and
.g..,.~ The Occupational License number(s) for the ~non-R[esidential Pl2.roperty or venue facilitv.
and/or event oermit number{s) for temoorarv events.
D. The Self-Hauling Certificate shall contain a written statement, signed by the ~wner 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 Pgerson if the County Manager
determines, after providing notice and an opportunity for a hearing, that the Pl2.erson's self-hauling activit1es violate the
provisions of this Ordinance or any other applicable law.
SECTION SIXTEENTWENTY: County Recvclin2 ~Centers and Hazardous Waste Collections.
A. The County has established recycling centers for the benefit of the community. The County may
impose conditions and limitations upon any Pl!erson that wishes to use the County's recycling centers, including
limitations on the types and amounts of R[ecyclable 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. periodically. host soecial
roundups to accept hazardous materials from residents. includine phannaceuticals for Ooeration Medicine Cabinet for
proper disposal.
C.
Conditionally exemot and small Quantity lZenerators mav brine hazardous materials to the recyclinlZ
centers upon aopointment with the hazardous materials collection and/or disoosal companv. Acceotance of the hazardous
materials and oayment for this service will be the responsibihtv of the hazardous material collection and/or disposal
company and the l!enerator.
,Q.12.. A Gfontractor shall not deliver Rrecyclable M!}1aterials or g~olid W~aste to the County's recycling
centers, unless the deliveries are approved in advance by the County Manager.
SECTION SEYENTEENTWENTY.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
S~ubstantial Hhardship,
B. Any GQwner or Ggenerator who demonstrates that, duc 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 Dcvelopment 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 SHBsest18fls 17./". er 17.B,
ab&.<e, shall be submitted to the County Manager on a form prescribed by the County Manager. An application for a
variance from thc County's Land Development Code pursuant to SHBseetisH 17.Bthis Ordinance~, 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 ofthc Board.
D. Pursuant to Scction 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 scrccning) of the Land Development Code do not apply to a P-Qerson 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 PQerson's compliance with this Ordinance precludes the PQerson from complying with the
requirements in Sections 4.05,04 and 4.06,00 ofthe Land Development Code,
SECTION EICIITEENTWENTY- TWO: Insoeetions. Enforcement and Penalties.
A. The County Manager is authorized to conduct inspections on Nrron-&rcsidential Pgroperty. multi-
familv prooerty. at temoorary events and at Ycnue facilities for the purpose of determining wAether 8. PersBfl is iR
compliance with the requirements of this Ordinance. The County Manager also is authorized to inspect any vehicle,
equipment or collection container used to ~ollect or transport Rrccyclable Mmaterials in the County for the purpose of
ensuring that the vehicle, cquipment or containcr is not producing Iittcr or leaking liquids or other residuals during
transport.
B. It shall be prima facie cvidence of a violation of this Ordinance if an GQwner or Ggenerator fails to
have a Rrecyclable Mmaterials collection bfontainer in use on their ~non-RresidentialP-Qroperty. multi-family oroperty.
temoorarv event or venue facilitv.
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 ~six months of the effective date
16
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 usinl! 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.
SECTION NINETEEN: c'.BBe.ls.
A. The C8HRty HaRager is heres)' g:r:aRtea tfle aHthsfit) ts reseh e all)' EiUestisRS eSfleeming the fJreJ3E!r
iHte'FflretatisR ana aflfJlieatieA sf this OrsiAanee.
B. ,A.A) el.eeisieA oftl=le CSUAty MaAager HAser this OnliRaRse ma) he 8:J3fJealea te the Baara. ,A.A)' apfJeal
shall be iRitiateel. by filiFtg a 'YFit:teA fJetit18A "'ith the CSHflt) Manager 'i'HhiR teA (19) says after tAe CSURt) Memagsr
lssHes a iiRtten aeeisien eSAE,eming tke matter iR EhsfJute. The fJetitisA sAall aessFihe the fasts aRB issues lR disfJHte 8flB
shall e1CJ31aiA 'HAY tke l3etitiefler is efltitlea ts relief. The l3etitisf\ shall be presefltea ts the Beara f-er its eSflslaeratieA as
eJtfJeaitieusly as flsssible, but the petitisRer shall 8e gi':eA at least teA (19) days ae':aRes Aetise sf the Beare's meeting
eeRsemiRg the l3etitieR. .A.t the Baars's meeting, the fletitiefler sAall haye the I:HJTBErR sf pre,> iAg tAat it is efltitlea ta tHe
relief reEiHested.
SECTION TWENTY, Se./erahilil\'.
If any elaHse. seetieR or fJrevisisR sf this OreiRafH:e shall be aeelarea te be HReeRstit1:itisnal er iR :alid f-er BR)
sause aT reaS8f\, the same shall he elimiRated frBm this Ordil"l8f1se BRei the remaiRiRg peRisR sf this OreiRaRee 151:1811 88 iR
full feree BAB eff-eet aRe be as valid as if sHeh invalid I3SRiSR thereefhae Ret BeeR lnseFJ3eratsa tl:lerein.
SECTION TWENTY4NETHREE: Conflict and Severabilitv,
In the eyent this Ordinance conflicts with any other ordinance of Collier County. the more restrictive shall aooly.
Ifanv ohrase or oortion of this Ordinance. or the oarticular aoolication thereof. shall be held invalid or unconstitutional bv
an court administration a enc or other bod with a ro riate 'urisdiction the remain in section subsection sentences
clauses. or ohrases and their aoolication shall not be affected therebv. The pf8i isieFls af 8fl)' etker Callier CS1:IRt)'
OrdiAaf!ee tRat are ineaRsisteRt Elr if! E'eJ'If.liet with the prEl' isiaRs af tl1is Oraimm.ee are superseees. te the enteRt Elf sHel:l
iAeeFlsisteney €IT eeFlf.liet, er .....ai, ed i', ReA tl:te suBjeet sf a ..arianee grantee I3l:1rsHaflt te Seetisn 16 eftkis OreiAaflee.
17
SECTION TWENTY-+W GFOUR, Inclusion in the County'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 TIIREEFIVE: 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,
day of
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collicr County, Florida, this
.,' ,,;"~\ ~\'~" '," 'f..."
,," . \}J',~PJ 1',\...."
ATTE'S'~,l. .........,:., "',
.[';;~ .' . ,.,.., .
DWIQijtE;WWCJ).,btE~
~\) .' '1 I , ~~' "
:"> .'i. I',. :,c,
BOARDl1f OC TY COMMISSIONERS
OF COLLI OUNTY, FLORID! _
~~..~~
By;
DONNA FIALA, CHAIRMAN
" ti . ,
'I"'~~. j','Z\{'
Approval as to form an gal Sufficiency:
Jennife~"!?~~
Assistant County Attorney
Th's ordinance flied with the
St.o:"!la/Y of !ita...s Office the
~~ of lVCIIUlIM.; :UC"l
and oclc.nowledgement of that
filing rteelved this ~ day
f~ '2oo><t ~
o BY ;'1~~
18
-'-'~".'--___'M~
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.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to l?oi3<~:Jot"
'...' '/,
County commis~,~~per's" '
BY~~~
Deputy ClerK!'" ,'"'
_.._.~--,..._-_.~_._-,-