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Ordinance 84-31' - - OILDINANCE NO. 84- ~1 : -AN ORDINANCE ESTABLISHING A USER FEE S¥STEH FOR ALL USERS OF ' COLLIER COU~Y'S SOLID ~ASTE DISPOSAL FACILITIES~ ~EP~LING O~IN~CE NO'S. 82-14 ~ 82-84 IN ~EIR ~IR~Y; PROVIDING DEFINITIONS; PROVIDING FOR SPECIFIC FEES TO BE EST~LISH~ BY RESOL~ION; PROVIDING FOR CONVICT ~ SEVE~BI~I~; PROVIDING ~ EFFF~TIVE DATE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Section One: entirety. Section Two: T~e Board hereby finds that it is necessary to establish and impose user fees to finance the activities nf the Solid Waste Department including Transfer Stations, Sanitary Landfills and Reef & Marine Development, to be charsed to all users es herein defined who deposit solid waste es herein defined at these facilities. Section T~ree: The specific fees for utilization of all solid waste facilities by all users shall be established by an annual resolution of the Board of County Commissioners. Section Fnur: Definitions: For the purpose of this Ordinance and Resolutions adopted pursuant to this Ordinance, the definitions contained in this Section shall apply unless otherwise specifically stated. Vhen not inconsistent to the context, words used in the present tense include the future, 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 directory. (A) Commercial Haulers: Any person, firm, corporation or othe, r~ enti.~, which engages in any one or more of the followins activities: transport and disposal of waste materials of another whe~. 1. The direct or indirect is charsed for such service. ,., . 2. The transport of waste materials which ori$inate fr~ a establishment. This shall include the transporcation of_'%aste c~.~terials by any owner, proprietor, agent, or employee of any comme~ial e~lablish- meat who transports such materials for or on behalf of such commercial establishment. 3. The performance of any service,, trade or work in the course of which waste materials are generated and which are transported as part of the service, trade, or work performed, including, but not limited to, such activi~ies as lawn maintenance and landscapin$, and construction activities. (B) Users: Any person~ firm. corporation, or other entity, public or private. residin~ in or conductin$ a business in Collier County and who deposits solid waste at Collier County Solid Waste facilities. Ordinance Nos, 82-14 and 82-84 are hereby repealed in their (C) Transfer Stations: An7 manned County-owned and operated facility which receives solid waste from users in order to transport said solid waste into County Landfill sites for disposal. A transfer station may be located at the enL~tance to a landfill site. (O) Landfill Sites: Any County owned and operated facility for the disposal of solid waste. Reef & Harina Development: Marine facilities o~med and operated to provide for disposal of inert wastes for the purpose of constructing artificial reefs. Franchise Hauler: Any commercial entity which enjoys the exclusive right through franchise agreement with Collier County for the removal, collection and disposal of solid waste. Solid Waste: "Solid Waste" means garbage, rubbish, refuse, and ocher dis- carded solid or semisolid materials resulting from domestic, industrial, commercial, agricultural, and governmental operations, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources such as silt, dissolved or suspended solids industrial wastevater elf!seats, dissolved materials in irrigation return flows, or other common water pollutants. (H) Landfill Fee: Fee to be assessed at the County's Landfill sites based on the amount of solid waste to be disposed. (I) Tr&nsfer Station Fee: Fee to be assessed at the Transfer Station sites based on the amount of solid waste to be transported into the Landfill sites. (J) Residential Disposal Fee: ^ fee collected by franchise haulers from regulated residential customers based on an estimated average tonnage o£ solid waste per residential customer to be disposed of at the Landfill sites. (K) Residential Customer: As defined in the franchise agreements, any residential customer of the franchise hauler for billing purposes. Section Five: Franchise haulers, shall charge their residential customers, whose rates are regulated by Collier County, a residential disposal fee. This residen- tial disposal fee shall be used to pay for the disposal of residential ~astes at County disposal facilities. The franchise haulers shall pay for the disposal of residential wastes monthly. The amount of the residential disposal fee for regulated customers shall be established by Resolution of the Board of County Commissioners annually. Sectibn Six~ Conflict and Severability, If any section, eubsection~ sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any Court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such hold~og shall not affect the validity of the remainder hereof. In the event this Ordinance conflicts with any other appropriate law, the more restrictive shall apply. If any part of this Ordinance conflicts with any other part, it shall be severed and thc remainder shall have full force and effect and shall be liberally construed to effect the purpose hereof. Section Seven: Effective Da~e. la~. ~.. ..... .'~T~ST:. ~,",'f~ Approved as to form and legal su~ency:/ Burr L. Sounders Collier County Attorney This Ordinance shall take effect as provided by BOARD OF COUIqTY COMI~ISSIOIqERS COLLIER COIJNTY, FLORIDA This ~namce fi?ed with l~rmtory cyf St a t o's .0 / f Ic, e~,~t~ ATTACHMENT Soll~ Waste Department Internal Controls January, 1984 IV. B~SIDENTIAL DISPOSAL FEE FINDINGS When I reviewed Ordinance No. 82-84, which amended Ordinance No. 82-14, to establish a user fee system for all users of the County's solid w~ste disposal facilities, I found it contained Section B which states~ "Franchise haulers, in lieu of paying the landfill fee for their residential customers whose rates arc regulated by Collier County, shall charge each such regulated customer on behalf of Collier County a residential disposal fee per residential customer. This residential disposal fee shall be paid quarterly at the time of the payment of their franchise fee. The franchise haulers shall submit a report on all such collections at the time of payment to the County. The amount of the residential disposal fee for regulated customers shall be established by Resolution of the Board of County Commissioners." I asked 'the Director of the Solid Waste Department how the residential disposal fee was billed and collected. He stated that the County was not receiving the residential franchise fee (which currently is set at $1.50;month) but actually received $9.00 per ton when the franchise haulers dump the residents refuse at the landfill site. RECOMMF, NDATION If it is intended that the residential disposal fee be collected by charging the franchise haulers a $9.00 per ton dumping fee, I recommend that the ordinance be amended to reflect this method of collection. RESPONSE The Director of the Solid ~aste Department stated he will ask that the ordinance be amended to the actual practice of the County receiving $9.00 per ton from the franchise haulers instead of the $1.50 per month residential franchise fee. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: Ordinance B4-31 which was adopted by the Board of County Commission during regular session on the 3rd day of April, 1984. WITNESS my hand a~.l the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of April, 1984. WILLIAM J. ~EAGAN Clerk of Courts and Clerk Ex officio to Board of County Commissioners. .-~ . ~'..;// - Peputy~/C let k "fi .'