Resolution 1992-607
NOVEMBER 10, 1992
RESOLUTION NO. 92- 607
A RESOLUTION ESTABLISHING AND IMPOSING AN
ANNUAL SMALL QUANTITY GENERATOR NOTIFICATION
AND VERIFICATION SURCHARGE PURSUANT TO CHAPTER
403, FLORIDA STATUTES.
WHEREAS,
The Florida LegiSlature has
enacted statutes
providing measures pertaining to the identification, regulation
and management of hazardous waste vis-a-vis small quantity
generators and county governments; and
WHEREAS, Section 403.7234, Florida statutes, and Section
403.7236, Florida statutes, mandates that county governments
identify and notify small quantity generators, and verify the
management practices of at least twenty (20) percent of the small
quantity generators annually, and follow the FDER's guidelines and
procedures; and
WHEREAS, pursuant to Section 403.7225(17), Florida Statutes,
the state legislature recognizes the expense incurred by county
governments in the proper identification and notification of small
quantity generators of hazardous waste withbn their jurisdiction.
When required by the section, the small quantity generators
notif ication
program required pursuant to Section 403.7234,
Florida statutes, and the reporting requirements of Section
403.7236, Florida Statutes, a county may impose a small quantity
generator notification and verification surcharge of up to $50.00
on the business or ~ccupational license or renewal thereof of any
firm that is idelltified as a small quantity generator of hazardous
wastes; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida has determined that it is timely and appropriate and in
the pUblic interest to provide for payment of expenses incurred by
county government in the proper identification and notification of
small
quantity generators
of hazardous
waste within
jurisdiction by the imposition of a small quantity generator
notification and verification surcharge.
NOW THEREFORE, BE IT RESOLVED BY THE BO~D OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Of "'the statutory mandates
000,,;[175
1.
recognition
eOOK
In
imposed on
Page 1 of 2
its
NOVEMBER 10, 1992
county governments by Section 403.7234 and 403.7236, Florida
statutes, and the Legislative recognition of the expenses incurred
by county governments in the proper identification and
notification of small quantity generators of hazardous wastes
within their jurisdictions, there is hereby established and
imposed in Collier County, Florida a Small Quantity Generator
Notification
and Verification Surcharge
in the amount
Twenty-Eight and nO/100 Dollars ($28.00) upon the issuance of a
Collier County occupational license or renewal thereof for any
firm that is identified as a small quantity generator of hazardous
wastes.
2. The Board of County Commissioners of Collier County
expressly
finds that the
annual Small Quantity
Generator
Notification and Verification Surcharge imposed hereby in the
amount of Twenty-Eight and no/100 Dollars ($28.00) is specifically
established and recognized as a reasonable fee to reduce and
recover
the Collier County government expenses incurred to
implement the small quantity generator identification program
referenced hereabove. "Surcharge fees not paid when due shall be
considered delinquent and subject to a delinquency penalty of ten
percent (10\) for the month of October, plus an additional five
percent (5\) penalty for each month of delinquency thereafter
until paid; provided that the total delinquency penalty shall not
exceed twenty five percent (25\) of the surcharge for the
delinquent establishment".
3. This Resolution shall become effective immediately upon
its adoption.
This Resolution adopted after motion, second and majority
vote favoring same.
DATED"~~~~
ATTEST: ' ..
JAMES c. GILES, Clerk
~'~y~hW'_ ~t <;iL ,
::; <' { Deput~, e k
/ARproved as ~o form and
le9~1 ~~fficiency:
,&" h ,-Jt -:i/.. ' ~
~.&;$
Chief Assistant County Attorney
GY:jtg/3626
COMMISSIONERS
FLORIDA
By:
f JOO PI" 176
lOOK
Page 2 of 2
of
HOVEMBER 10, 1992
AGREEMENT
FOR
SMALL QUANTITY WASTE GENERATOR
PROGRAM SURCHARGE COLLECTION
This Agr~eme~t is made and entered into this ~&1 day of
~~992, by and between GUY CARLTON, COTTIer County Tax
/ibllector, hereinafter referred to as "TAX COLLECTORtt, and the
Board of County commissioners of Collier County, hereinafter
referred to as "COUNTY", for the collection of the annual fees
for potential 'small quantity hazardous waste generators in
Collier County as authorized by Section 403.7264(17), Florida
Statutes.
WITNESSETH
WHEREAS, Sections 403.7234 and 403.7236 Florida Statutes,
mandate that county governments identify and notify small
quantity generators, and verify the management practices of at
least twenty (20) percent of the small quantity generators
annually, and will follow the FDER's guidelines and procedures;
and
WHEREAS, pursuant to Section 403.7225(17}, Florida Statutes, the
state legislature recognizes the expense incurred by county
governments in the proper identification and notification of
small quantity generators of hazardous waste within their
jurisdiction. When required to support the local hazardous waste
assessments required by the section, the small quantity
generators notification program required pursuant to Section
403.7234, Florida Statutes, and the reporting requirements of
Section 403.7236, Florida Statutes, a county may impose a small
quantity generator notification and verification surcharge of up
to $50.00 on the business or occupational license or renewal
thereof of any firm that is identified as a small quantity
generator of hazardous wastes; and
WHEREAS, Section 403.7225(17), Florida statutes, provides
authority to a county to contract with or otherwise enter into an
agreement with the tax collector to collect the annual small
quantity generator notification and verification surcharge; and
WHEREAS, it is the intent of the COUNTY to utilize the TAX
COLLECTOR's existing uniform method of collecting occupational
license fees to collect the annual small quantity generators
surcharge/fee.
Page 1 of 4
lOOK 000 PAGE 177
NOW THEREFORE, the parties hereto for and in consideration of the
mutual covenants and conditions set out herein agree as follow:
NOVEMBER 10, 1992
(1)
The COUNTY has imposed a small quantity generator
notification and verification surcharge on occupational
licenses by its Resolution No. 92- and hereby
authorizes the TAX COLLECTOR to collect such surcharge
upon the issuance of occupational licenses that are
identified by the County Manager or his designee as
potential small quantity hazardous waste generators.
(2)
Prior to July 1 of each year, the County Manager or his
designee will provide a list of occupational license
codes for small quantity hazardous waste generators
within Collier County utilizing the TAX COLLECTOR's
existing computer data base and/or information
management system. The list of affected occupational
codes and/or folio numbers shall be in a form and medium
acceptable to the Tax Collector.
(3)
The COUNTY shall have the responsibility for any errors
and omissions on the list of occupational license codes.
Should the TAX COLLECTOR sUbsequent"y discover errors or
omissions on the list, the County Manager or his
designee may, at the reguest of the TAX COLLECTOR, file
a corrected list for the surcharge assessment on or
before August 15 of each year. The County Manager or
his designees will coordinate with the Tax Collector or
his designees during the year to provide information and
correct errors or omissions.
(4)
The TAX COLLECTOR shall include the annual small
quantity generator surcharge fee in its annual billings
for the occupational license issuance and renewals and
to receive monies submitted therefor. The TAX COLLECTOR
also agrees to collect the small quantity generator fee
from new occupational license tax applicants identified
in section 2 of this Agreement.
The TAX COLLECTOR shall provide the COUNTY with a
monthly list of facilities for which occupational
licenses or renewal licenses have been issued and with
information as to whether the annual small quantity
generator surcharge fee was paid. The TAX COLLECTOR
shall have responsibility for enforcing the collection
of small quantity generator surcharge fees which are
submitted with the application or renewal forms as part
of the occupational license.
(5)
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Page 2 of 4
NOVEMBER 10, 1992
Payments which are greater than the amount due will be
accepted by the TAX COLLECTOR and a refund issued if
the excess is over five dollars ($5.00). Payments which
are one dollar ($1.00) or less short of the amount due
will be accepted by the TAX COLLECTOR and deducted from
the surcharge. The COUNTY shall have the responsibility
for refunds that may result from the identification
errors of small quantity hazardous waste generators.
Surcharge fees not paid when due shall be
considered delinquent and subject to a delinquency
penalty of ten percent (lOt) for the month of October,
plus an additional five percent (5t) penalty for each
month of delinquency thereafter until paid; provided
that the total delinquency penalty shall not exceed
twenty five percent (25t) of the surcharge for the
delinquent establishment.
The TAX COLLECTOR shall provide the COUNTY a list
of all delinquent establishments on or before February
15 of the current ye~r, after which time any proceeding
to enforce the surcharge shall be the responsibility of
the COUNTY.
(6) On a monthly basis concurrent with the occupational
license fee distribution, the TAX COLLECTOR shall
distribute fees collected pursuant to this Agreement to
the Small Quantity Generators Fund of the County, with
copy of the statement to the County Manager or his
designee.
Concurrent with the occupational license fee
distribution, returned check fees will be deducted, at
the end of each month, from the surcharge distribution.
(7) The COUNTY shall reimburse the TAX COLLECTOR for
administrative costs in collecting the small quantity
generator fees. Such costs shall include, but not be
limited to, personnel, supplies, forms, data processing,
and programming. Said costs are anticipated to be and
shall be provided for by payment to the TAX COLLECTOR of
J' subtracted from the total amount collected hereunder.
(8) The purpose of this Agreement being to comply with
statutory requirements to annually notify and inspect
potential small quantity hazardous waste generators and
to provide an economical, uniform method of collecting
the fees associated with the costs of such inspections,
it is hereby declared that no irregularity or illegality
in connection with any of the provisions herein shall in
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lfOVEMBER 10, 111112
any way affect the validity ~f the levying and
collecting of the fees, unless such irregularity or
illegality shall sUbstantially affect the rights of the
TAX'CQLLE~OR, the COUNTY, or the owners of the facility
invo,lved.
(9) If any paragraph, sentence, clause, phrase or portion of
this Agreement is for any reason held invalid or
unconstitutional by any court, such holding shall not
affect the validity of the remaining portion, and to
this end the provisions of this Agreement are declared
severable.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by their duly authorized officers,
affixed, day and year first above written.
A'l'l'EST:
,.' 'JAMES C. GIL,ES, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER tOUN~Y, FLORIDA
BY:~-W ~
MICHAEL J. OLPE, Chairman
;&-f-< .~,~
~/ : DeRllty k
o ' .
, "
',II' .,". \'
Approved as to form and
legal sufficiency:
~~ ;{}..; II
DAVID C. WEIGEL,21
Assistant County Attorney
TAX COLLECTOR
GY:jl\jtg\3625
600! (JOO f:>[ 180
Page 4 of 4
KOVEMBKR 10, 1002
k26-1992
.~
~..,.~,
y
00: 47 FR()1 CCLLIER CO..tHY ~v. SERV. TO
(1) Th. C01J1iln h.. imposed 0. .:'\".11 quont.ity venerator
notific6~1on and verification surcharge on oCCUpational
licen... by -it. re.Olution No. 92- ____ and hereby authoriz..
the TAX COLLECTOR to collect such aurcharge upon the is.uance
o! occ~p~tl.n.l lie<<n.., that are identified bv the Coun~y
Manaqer or his de.iqn.. OB potential s=&11 quantity
hazardoua.,v..t..'9_nerators.
(2) Prior to:July 1.ot .ach year, the County Kanaier or hi.
d..lgn.. wil1prOvldeo. list of occupational lieenae cod..
for small. QU<<Dt1ty, halardoul waste venGrators ~ithin Collier
County utilJ.zin", the TAX COLLECTOR I. 8xi8tin9 coznputer data
baa. And/or into~tion ~na9e=ent ayetem. The list of
affected oee~po~ion.l codes and/or tolio number. shall ~ 1n
~ forM an4 medium acceptable to the Tax Coll.ctor.
(3) 'the COtTN't'Y ahall,', have the reepons1bility for any errore
and 0IIl1s.eiona 'on th. list at occupational licens. codata.
Shoul~ the TAX COLLECTOR subsequently diScover errors or
omisaions en the liat, thl County Manager or his desiinle
may, at the r.q~.s~of the TAX COLLtC~OR, !ile. corrected
li.e for the .ur~h&rg. a'.ea.ment on or before Auquat IS of
each year. The County Han_get or hi, desi9n... will
coordinate with the Tax Collector or his dlligo..s ~urin9 'the
year to provide 1ntocaation and correct errors or omlllion..
(4) Tho TAX. ~PLL~PR shell include the .,nnua1 small
quantity 9,n'f&tQraurcharil fee in it. annual billin9' tor
the OCcupational license iaauance and renewal. an4 to receive
monies submitted theretor. The TAX COLLECTOR aleo aire.. to
collect the SlUll quantity generator tee fro. nl'"
occupational licenae tax ~ppl1eant. identified 1n section 2
of thia ^9rl~nt.
(5) The TAX COLLECTOR ahall prOVide the COUNTY with a oonthly
lilt ot tacilitie, for whiob occupational license. or renewal
licena'l hIve D.en ialu.d and with inlormati6n ..-to whether
the annual 'mall quantity generator surcharge t.. was paid.
Th. TAX COLLICTOR ahall have r..pona1bility lor enforciD9 the
collection of small quantity gen.rator aurcharqe lee. which
are lubmitted with the application or renewal forma al part
Qf the occupational license.
Paymenta Vhich are 9r..ter than the ~unt due will be
IcC~pteQ by the TAX COLLECTOR and a refund 1tlued if the
eXCes, 11 Over five dollar. ($S.OO). Payment. which are one
dollar ($1.00) or Ie.. 'hort o{ the amount due will be
accepted by the TAX COLLECTOR and deducted frea the
Sure ~rge. e COUNTY Ihall have the reapens biller for
retun~a that may result from the identltic~tion errors Of
Sma quant1ty a~ardou. Waite generator..
Surchar e
""elinquent and
ercen
t i ve erceht
fees
sub
or t
(5'
not aid when due shall be considered
.ct to. delin uency nalt of ten
e ~nt of Octo er, Iu. an add tonal
nalt or each month of delin uenc
-'-
'lnu 181
..~~( , iu PAGE
P.~2
KOVEMBER 10, 1992
"~26-1992 0':1:47 FR01
Ca...ll ER CO...tHY DEV. SERV. TO
thereafter until paid, provided that the total delinquency
pena:ty .~all not exce.4 twenty live percent (25') of the
8urchlrqe for the delinquent establishment.
The TAX COLLECTOR ahall provide the COUNTY a lilt ot all
4elinquent eatabli.hments on or before FRbruary 15 of the
currenc year, aLter WhiCh t~mQ any procee~1n9 to enforce the
surcharqa ahall b. the r..Donaibilitv ot the COUNTY.
(6) On a monthly b..i. concurrent with the occupational
license tee distribution, the TAX COLLECTOR ahall di.t~ibute
fee. collected ,pareuant to this Aireement to the Small
Quantity G.ner.~or. Fun4 ot the County, with copy of the
statement to the CountY,Man.qer or hi. designea.
COncurrent with the occupation! license te~
diatribut1on, r.turned ch.e~ teea will be deducted, at the
en 0 eac- mont rom t e SUrc arge str ut on.
.i,
;~",K r100 PlGl182
- ,;J-
P.01