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Agenda 06/10/2008 Item #16C 1 Agenda Item No. 16C1 June 10. 2008 Page 1 of 18 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners direct staff to develop an amendment to the Collicr County Non-Residential Recycling Ordinance (Ordinance No. 2004-50) by 1) modifying the title of the Ordinance to provide a clearer definition; 2) changing the applicability of the Ordinance to also apply to the incorporated areas of Collier County; 3) requiring recycling at temporary and special events and venue facilities; 4) including multi-family properties serviced as commercial acconnts; and 5) including enforcement provisions. OBJECTIVE: To receive direction tor staff to develop an amendment to tile Collier County Non-Residential Recycling Ordinance (Ordinance No. 2004-50) by I) modifying the title of the Ordinance to provide a clearer definition; 2) changing the applicability of the Ordinance to also apply to the incorporated areas of Collier County; 3) requiring recycling at temporary and special events and venue facilities; 4) including multi-family properties serviced as commercial accounts; and 5) including enforcement provisions. CONSIDERATIONS: On July 27, 2004, the Board of County Commissioners adopted Ordinance No. 2004-50, entitled "Collier County Non-Residential Recycling Ordinance" to require recycling at non-residential properties. On December 5, 2006, the Board of County Commissioners approved an Integrated Solid Waste Management Strategy that included options related to Source Reduction, Materials Reuse and Recycling. These options included: . Enhancing commercial recycling education and enforcement; . Promoting residential multi- family recycling; and . Implementing events/venue driven recycling. Consistent with the Integrated Solid Waste Management Strategy and Board of County Commissioner's direction, staff has identified the following amendments to the Collier County Non-Residential Recycling Ordinance (Ordinance No. 2004-50): I. ModifY the title of Ordinance 2004-50 from "Collier County Non-Residential Recycling Ordinance" to the "Collier County Recycling Ordinance"; 2. Change. the applicability to include the incorporated areas of Collier County; Evergla:desCityand the City of Marco Island as approved by those agencies; 3. Include provisions for recycling at temporary and special events and venue facilities; 4. Include provisions for recycling at multi-family properties serviced as commercial accounts; and 5. Include enforcement provisions. -- Agenda Item No. 16C1 June 10, 2008 Page 2 of 18 Upon approval of this Executive Summary, staff will develop an amendment to the Collier County Non-Residential Recycling Ordinance, which will be brought to the Board of County Commissioners for a public hearing at a subsequent meeting. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMPACT: This project is compliant with the County's Growth Management Plan Solid Waste Sub-Elements and aligns with the Board approved Integrated Solid Waste Management Strategy calling for increased recycling to preserve valuable landfill airspace. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this item for legal sufficiency. -SRT. RECOMMENDATION: That the Board of County Commissioners direct staff to develop an amendment to the Collier County Non-Residential Recycling Ordinance (Ordinance No. 2004-50) by I) modifying the title of the Ordinance to provide a clearer definition; 2) changing the applicability of the Ordinance to also apply to the incorporated areas of Collier County; 3) requiring recycling at temporary and special events and venue facilities; 4) including multi-family properties serviced as commercial accounts; and 5) including enforcement provisions. PREPARED BY: Daniel R. Rodriguez, M.B.A., CFM, Director, Solid Waste Management Department Page lof2 Agenda Item No. 16C1 June 10, 2008 Page 3 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C1 Recommendation that the Board of County Commissioners direct staff to develop an amendment to the Collier County Non-Residential Recycling Ordinance (Ordinance No. 2004-50) by 1) modifying the title of the Ordinance to provide a clearer defmition: 2) changing the applicability of the Ordinance to also apply 10 the incorporated areas of Collier County; 3) requiring recycling at temporary and special events and venue faciHties: 4) including multi- family properties serviced as commercial accounts; and 5) including enforcement provisions Meeting Date: 6/10/2008 90000 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 5/22/200812:34 PM Approved By Daniel R. Rodriguez, M.B.A. Solid Waste Director Date Public Utilities Solid Waste 5/22/2008 5:33 PM Approved By Thomas Wides Operations Director Date PubliC Utilities Public Utilities Operations 5/23/20089:42 AM Approved By joseph Bellone Operations Supervisor Date Public Utilities Public Utlllties Operations 5/23/200810:50 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 5/23/200811:53 AM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 5/23/2008 12:48 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/30/2008 9:10AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6/2/20084:32 PM Approved By James V. Mudd County Manager Date file://C:\AgendaTest\Export\1 09-June%20 10,%202008\ 1 6.%20CONSENT%20AGENDA\16... 6/4/2008 Page 20f2 Agenda Item No. 16C1 June 10, 2008 Page 4 of 18 Board of County Commissioners County Manager's Office GI31Z00B 5:51 PM file://C:IAgendaTestIExportl 1 09-June%20 I 0,%2020081 16.%20CONSENT%20AGENDA 1 1 6... 6/4/2008 Agenda Item No. 16C1 June 10. 2008 Page 5 of 18 ORDINANCE NO. 2004 - 50 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ESTABLISHING A RECYCLING PROGRAM FOR NON-RESIDENTIAL PROPERTY IN THE UNINCORPORATED AREAS OF COLLIER COUNTY; PROVIDING -- FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR THE DESIGNATION OF RECYCLABLE MATERIALS; PROVIDING MINIMUM STANDARDS FOR RECYCLING ON NON-RESIDENTIAL PROPERTY; PROVIDING EXEMPTIONS FROM RECYCLING STANDARDS; PROVIDING FOR VOLUNTARY RECYCLI~G ON NON-RESIDENTIAL PROPERTY; PROVIDING FOR AN AWARDS PROGRAM FOR RECYCLING ON NON-RESIDENTIAL PROPERTY; PROVIDING FOR A RECYCLING EDUCATION AND PROMOTION PROGRAM; PROVIDING FOR EVALUATIONS OF THE NON-RESIDENTIAL RECYCLING PROGRAM; PROVIDING FOR RECYCLING SERVICE AGREEMENTS; PROVIDING STANDARDS FOR RECYCLING CONTRACTORS; PROVIDING FOR SELF-HAULING; PROVIDING FOR COUNTY RECYCLING CENTERS; PROVIDING FOR VARIANCES; PROVIDING FOR INSPECTIONS, ENFORCEMENT, AND PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION I~ THE COUNTY'S CODE OF LAWS AND ORDINANCES; AND PROVIDING 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 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 increase Recycling in Collier County because Recycling will help ensure that the valuable and limited capacity of the Cmmty's Naples Landfill is conserved; and WHEREAS, the Board finds it is necessary for the protection of the public health, safety .... ."'and.welfarE 6T'tne 'resideritsof Collier County to require the Recycling of Recyclable Materials generated on Non-Residential Property. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE: Intent and Pnrno,e. It is the intent and purpose of this Ordinance to promote Recycling by: (a) requiring businesses and institutions in unincorporated Collier County to segregate and recycle as many Agenda Item No. 16C1 June 10, 2008 Page 6 of 18 designated Recyclable Materials as practicable; (b) establishing educational programs concerning Recycling; (c) providing incentives and awards programs that will make Recycling more attractive to the businesses and institutions in unincorporated Collier County; (d) limiting the regulatory impact of this Ordinance on business; and (e) 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 Recycling goals while minimizing the regulatory requirements in this Ordinance. The Board also intends to provide sufficient time for the businesses and institutions in Collier County to comply ",...ith the County's new programs. SECTION TWO: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Non-Residential Recycling Ordinance". SECTlO~ THREE: AnDlicabilitv. This Ordinance shall be applicable only within the unincorporated areas of Collier County. SECTION FOUR: Construction and InterDretation. This Ordinance sha11 be liberal]y 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. SECTIO"l fiVE: Definitions. For the purposes of this Ordinance, the definitions contained in this Section 5 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 sinh'Ular, and words in the singular number include the plural. The word "shall" is always mandato!)' and not merely discretionary. Pursuant to Section 403.7031, Florida Statutes, all definitions in this Section 5 shall be construed in a manner that is consistent v.'ith 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. 2 Agenda Item No. 16C1 June 10. 2008 Page 7 of 18 A. Board means the Board of County Commissioners of Collier County, Florida. B. Certificate of Operation means the license that a Contractor must obtain from the County before it can Collect Recyclable Materials in the County. C. Code Enforcement Board means the entity that is responsible for enforcing the County's ordinances pursuant to Chapter 2, Division 11, of the Code of Laws and Ordinances of Collier County, Florida. D. Collect means to gather or pick up Recyclable Materials for transport and delivery to a Recycling Facility. E. Contractor means a Person who Collects or transports Recyclable Materials from Non-Residential Property for profit. F. County means Collier County, Florida. G. County Manal!er means the County Manager of Collier County or the County Manager's designee. H. Customer means an Owner or Generator that enters into a Serv'ice Agreement with a Contractor for Recycling services. 1. De Minimis Amount means the amount of Solid Waste which lawfully may be included in separated Recyclable Materials. 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. 1. Dwellim! means any building, or part thereof, intended, designed, used, or occupied in whole Of 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. K. Garbal!e 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. L. Generator means each business, not~for-profit organization and institution (i.e., all Persons except individuals) that generates one or more Recyclable Materials as a result of its activities on Non-Residential Property. M. Materials Recovery Facilitv means a Solid Waste management facility that provides for the extraction from Solid Waste of Recyclable Materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. 3 Agenda Item No. 16C1 June 10, 2008 Page 8 of 18 N. Multi-Familv Residence 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. o. Non-Residential Pronertv means real property that is located in an unincorporated area of Collier County and used primarily for: 0) commerce, including but not limited to offices, stores, Restaurants, 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 Non-Residential Property shall not include any Residential Units or undeveloped land. P. Ordinance means this County Ordinance No. 2004~_. Q. On!anic Waste means Garbage and other similar putrescible Solid Waste, including source separated food waste and food.soiJed paper. Organic Wa<;te does not include yard trash. R. Owner means a Person who owns Non-Residential Property. An Owner also may be a Generator. S. 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. T. PrimarY Recvclable Material means a Recyclable Material that a Person generates on Non-Residential Property in amounts greater than 96 gallons per month. u. 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 Solid Waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation fi.om each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. V. Recovered Materials Processing: Facility means a facility engaged solely in the storage, processing, resale, or reuse of Recovered Materials. W. Recyclable Materials means those materials that are capable of being Recycled, which would otherwise be processed as Solid Waste, and are designated by the Board pursuant to Section 6 of this Ordinance. 4 Agenda Item No. 16C1 June 10,2008 Page 9 of 18 x. Recvclable Materials Container means any box, tub, or other container that is made of metal, hard plastic or other similar material and is suitable for the collection of Recyclable Materials. y. RecvcljnlZ means any process by which Solid Waste, or materials which would otherwise become Solid Waste, are colJected, separated, processed and reused or returned to use in the form of raw materials or products. Z. Recvc1inll Facilitv means any facility that recycles Recyclable Materials, including but not limited to buy back centers, drop-off centers (both permanent and mobile), designated County Recycling centers, Materials Recovery Facilities and Recovered Materials Processing Facilities. AA. Residential Unit means a single-family residence, duplex residence and a Multi- Family Residence. BB. 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. cc. Self-Hauling Certificate means a written certification by an Owner or Generator confinning that the Owner or Generator is collecting and transporting Recyclable Materials to a Recycling Facility. DD. Service A!!feement means a written agreement between a Contractor and an Owner or Generator concerning the collection of Recyclable Materials. EE. 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 Garbage, 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. FF. Substantial Hardshio means a demonstrated economic, technological, legal, or other type of hardship. SECTION SIX: Deshmation of Recvclable Materials. For the purposes of this Ordinance, Recyclable Materials means paper, cardboard, glass, plastic (Nos. 1 through 7), aluminum, and ferrous metal. The Board may designate other materials (e.g., Organic Waste) as Recyclable Materials if the Board detennines that a market 5 Agenda Item No. 16C 1 June 10. 2008 Page 10 of 18 exists for such materials and a cost-effective system is in place for Recycling such materials. Materials shall be deleted from this Jist of Recyclable Materials if the Board detennines that a market no longer exists or a cost-effective system is no longer in place for Recycling such materials. SECT10N SEVEN: Minimum Standards for Recvclinl! on Non-Residential Prooem' A. Each Owner shall: (1) provide Recyclable Materials Containers on the Owner's Non-Residential Property so the Generators located on the Owner's Non-Residential Property may recycle all of the Recyclable Materials that the Generators have designated pursuant to Subsection 7.8., below; and (2) Collect the materials placed in the Recyclable Materials Containers and transport those materials to a Recycling Facility. B. Each Generator shall diligently attempt to recycle all of the Primary Recyclable Materials that it produces. At least once each year, each Generator shall: (1) consider the list of Recyclable Materials desib'Tlated by the County pursuant to Section 6 of this Ordinance; (2) consider the types of Recyclable Materials generated hy its activities on Non~Residential Property; (3) identify the Primary Recyclable Materials that the Generator produces; and (4) identifY (i.e., desi&'Tlate) the Primary Recyclable Materials that the Generator will recycle. Thereafter, each Generator shall separate the designated Primary Recyclable Materials from the Generator's Solid Waste, and the Generator shall place the designated Primary Recyclable Materials in Recyclable Materials Containers for collection. C. If a Generator's activities do not produce any Primary Recyclable Materials, the Generator shall designate and recycle one or more Recyclable Materials in the manner described in Subsection 7.8, above, unless the Generator is exempt pursuant to Subsection 8.A, below. D. Each Generator shall coordinate ",,'ith the Owner of the Non~Residential Property where the Generator's activities occur. and each Owner shall coordinate with the Generators on its ;-..Jon~Residential Property, to ensure that the Generator's Recyclable Materials are taken to a Recycling Facility. E. No Person shall dispose of Recyclable Materials that have been separated from Solid Waste pursuant to the provisions of Subsections 7.8 or 7.C, above. F. No Person shall place Solid Waste in a Recyclable Materials Container. G. No Person shall cause litter or a nuisance. Each Person shall take all necessary steps to ensure that their own Recycling activities do not cause litter or a nuisance. Each Person shall immediately pick up any litter and eliminate any nuisance caused by their own activities. " Agenda Item No. 16C1 June 10, 2008 Page 11 of 18 H. Each Owner shall, upon request, provide the County Manager with a copy of a Service Agreement, Self-Hauling Certificate, or other document (e.g., receipt from a Recycling Facility) demonstrating that the Primary Recyclable Materials generated on the Owner's Non- Residential Property are being taken to a Recycling Facility. The Service Agreement, Self- Hauling Certificate, or other document shall be available for inspection by the County Manager at the Owner's Non-Residential Property during Donnal business hours. The Owner also shall mail Of deliver these documents to any Generator located on the Owner's Non-Residential Property, within fourteen (14) days, if the Generator requests the documents. I. Each Generator shall, upon request, provide the County Manager with a copy of a Service Agreement, Self-Hauling Certificate, or other document (e.g., receipt from a Recycling Facility) demonstrating that the Generator's Primary Recyclable Materials are being taken to a Recycling Facility. The Service Agreement, Self- Hauling Certificate, or other document shall be available for inspection by the County Manager at the Generator's Non-Residential Property during the Generator's normal business hours. 1. An Owner may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a Contractor or other Person who complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, the O\V11er shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. K. A Generator may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a Contractor or other Person who complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, each Generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. SECT10N EIGHT: Exemotions from Recvclin!! Standards. A. Notwithstanding any other provision herein, a Generator shall be exempt from the requirements in Section 7 of this Ordinance if the Generator uses no more than one container for the disposal of its Solid 'Vaste, the container's capacity is no greater than ninety-six (96) gallons, and the contents of the container are collected no more than two (2) times per week. B. Notwithstanding any other provision herein, a Generator shall not be required to recycle a Recyclable Material if the Generator demonstrates to the County Manager that there is no collection service or other cost-effective system available for Recycling such material. 7 Agenda Item No. 16C1 June 10. 2008 Page 12 of 18 c. Notwithstanding any other provision herein, an Owner shall be exempt from the requirements in Section 7 of this Ordinance if: (1) all of the Generators on the Owner's Non~ Residential Property are exempt from or not required to comply with the provisions of Section 7; or (2) Primary Recyclable Materials are not being generated hy any activities occurring on the Owner's Non-Residential Property. SECTION NINE: Extraordinarv and Innovative Recvclim!. A. All Owners and Generators, including those who are exempt from some or all of the requirements in this Ordinance, are encouraged to recycle all of their Recyclable Materials, especially aluminum cans, paper, and cardboard. B. Owners and Generators are encouraged to work with the County to develop new and innovative methods to recycle other Recyclable Materials, such as Organic Waste. C. All municipaJitie.'i in Collier County are encouraged to adopt and implement Recycling programs for the businesses and institutions located in the incorporated areas of the County. If requested, the County Manager shall provide advice and technical assistance with the development of the Recycling programs for these municipalities. SECTION TEN: Awards PrOl!ram for Recvclinl! on Non-Residential ProDertv. The County Manager is hereby authorized to establish and implement an awards program to recognize Owners and Generators in the County who implement exceptional or innovative Recycling probrrams for Non~Residential Property. SECTION ELEVEN: Recvclin!! Education and Promotion Prol!ram. The County Manager is hereby authorized to establish and implement a Recycling education and promotion program for Owners and Generators in the County. The education and 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 Non-Residential Property. SECTION TWELVE: Evaluation of Non-Residential Recvclinl! Prol!ram. As needed, the County Manager shall provide a report to the Board concerning the County's Recycling program for Non-Residential Property. The report shall address the effectiveness of the County's Recycling program for Non-Residential Property, the general costs and benefits associated with this program, and any changes that should be implemented to R improve the effectiveness of the program. Agenda Item No. 16C1 June 10, 2008 Page 13 of 18 SECTION THIRTEEN: RecvclinQ Service AQreements. A Contractor shall provide a written Service Agreement to a Customer before the Contractor begins to collect that Customer's Recyclab]e Materia]s. The Service Agreement shall describe the services to be provided by the Contractor, the fees to be paid by the Customer, and the othertenns of the parties' agreement. SECTION FOURTEEN: Standards for Recvclin~ Contractors. A. No Person may Collect or transport Recyclab]e Materials in the County for profit unless such Person has obtained a Certificate of Operation from the County. However, a certified Recovered Materials 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. B. A not-far-profit Person is not required to obtain a Certificate of Operation before collecting or transporting Recyclable Materials in the County. C. Any Person may file an application with the County Manager for a Certificate of Operation. The application shall be submitted on a fonn prepared by the County Manager. The applicant sha11 provide the infonnation and documentation that 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 Collect Recyclable Materials, including the make, model, and serial number of each vehicle; and 3. Certificates of insurance demonstrating that the applicant has the following minimum insurance coverage: commercia] general liability insurance of at least $1,000,000; business automobile liability insurance of at least $1,000,000; workers' compensation insurapce of at 'east t~_~ s:~:U~OlY limits,_~~]ess otherwise provided by state law; and umbrella liability insurance of at least $2,000,000. The certificates of insurance shall state that the County will receive at least 30 days' written notice before cancellation or reduction of coverage. The certificates of insurance shall indicate that the Board is a named insured in all of the insurance policies required by this Ordinance, with the exception of workers compensation. 4. 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. 9 Agenda Item No. 16C1 June 10, 2008 Page 14 of 18 D. 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 jf the County Manager determines that the applicant does not comply with the terms ofthi5 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 Contractor has violated the provisions in a Certificate of Operation or any applicable law. E. The County Manager 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 Board. The Certificate of Operation shall remain in effect for a period of one (1) year, unless the Board approves a longer duration by resolution. F. A Contractor shall provide each of its Customers with Recyclable Materials Containers that are sufficient to accommodate the quantity and types of Recyclable Materials that will be recycled by the Customer. G. A Contractor shall conduct all of its activities in accordance with all applicable laws and best management practices. A Contractor's vehicles, equipment and containers shall be kept in a clean and well-maintained condition. H. A Contractor shall not take a Customer's Recyclable Materials to a landfill or other site for disposal, unless the Contractor has received a variance pursuant to Section 16 of this Ordinance. 1. Unless exempt from this requirement pursuant to Chapter 62-722, Florida Administrative Code, a Contractor shall provide quarterly reports to the County identifying, at a minimum, the types and amounts of Recyclable Material it collected, and each Recycling Facility to which the Recyclable Material was taken. The County Manager may require the Contractor 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. SECTION FIFTEEN: Self-Hanlin.. A. If an Owner Collects the Recyclable Materials generated on its I\on-Residential Property and transports those materials to a Recycling Facility, without using a Contractor, the Owner shall, upon request, prepare a Self~Hauling Celtificate for the County Manager. 10 Agenda Item No. 16C1 June 10. 2008 Page 15 of 18 B. If a Generator Collects and transports its Recyclable Materials to a Recycling Facility, without using a Contractor, the Generator shall, upon request, prepare a SelfMHauling 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 Owner or Generator shall provide the following information in the Se]fMHauling Certificate: 1. The name, address and telephone number of the Owner or Generator that is signing the Self-Hauling Certificate; 2. The address of the Non-Residential Property where the Recyclable Materials are generated; 3. The names of the Generators that are transporting Recyclable Materials pursuant to the Self-Hauling Certificate; 4. A brief description of the activities or businesses that are generating the Recyclable Materials; 5. A list of the types of Recyclable Materials that are being transported; 6. For each type of Recyclable Material, the amount that is being taken from the Non-Residential Property to a Recycling Facility each month; 7. The name and address of the Recycling Facility; and 8. The Occupational License number(s} for the Non-Residential Property. D. The Self~Hauling Certificate shall contain a written statement, signed by the Owner or Generator, certifYing that the Owner or Generator is in compliance with the requirements of this Ordinance. E. The County Manager may restrict or prohibit self~hauling by a Person if the County Manager detennines, after providing notice and an opportunity for a hearing, that the Person's self-hauling activities violate the provisions of this Ordinance or any other applicable law. SECTION SIXTEEN: Countv Recvclim! Centers. A. The County has established recycling centers for the benefit of the community. The County may impose conditions and limitations upon any Person that wishes to use the County's recycling centers, including limitations on the types and amounts of Recyclable Materials 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. Agenda Item No. 16C1 June 10, 2008 Page 16 of 18 B. A Contractor shall not deliver Recyclable Materials or Solid Waste to the County's recycling centers, unless the deliveries are approved in advance by the County Manager. SECTION SEVENTEEN: Variances. A. The County Manager shall grant an administrative variance from the requirements in this Ordinance when an Owner, Generator or other Person demonstrates that the application of the Ordinance would create a Substantial Hardship. B. Any Owner or Generator who demonstrates that, due to site specific conditions, the Owner or Generator 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 Subsections 17.A or 17.B, above, 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 Subsection 17.8, above, shall he 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-_), 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 Person that filed an application for a site plan approval before the effective enforcement date of this Ordinance, but only if and only to the extent that the Person's compliance with this Ordinance precludes the Person rrom complying with the requirements in Sections 4.05.04 and 4.06.00 of the Land Development Code. SECTION EIGHTEEN: Insoections. Enforcement and Penalties. A. The County Manager is authorized to conduct inspections on Non~Residential Property for the purpose of determining whether a Person is in compliance with the requirements of this Ordinance. The County Manager also is authorized to inspect any vehicle, equipment or l2 Agenda Item No. 16C1 June 10, 2008 Page 17 of 18 container used to Collect or transport Recyclable Materials 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 Owner or Generator fails to have a Recyclable Materials Container in use on their Non-Residential Property. 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 that occur within twelve months of the effective date of this Ordinance. 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. 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 County ordinance. SECTION NINETEEN: Appeals. A. The County Manager is hereby granted the authority to resolve any questions concerning the proper interpretation and application of this Ordinance. B. Any decision of the County Manager under this Ordinance may be appealed to the Board. Any appeal shall be initiated by filing a written petition with the County Manager within ten (IO) days after the County Manager issues a written decision concerning the matter in dispute. The petition shall describe the facts and issues in dispute and shall explain why the petitioner is entitled to relief The petition shall be presented to the Board for its consideration as expeditiously as possible, but the petitioner shall be given at least ten (10) days advance notice of the Board's meeting concerning the petition. At the Board's meeting, the petitioner shall have the burden of proving that it is entitled to the relief requested. SECTION TWENTY: Severabilitv. If any clause, section or provision of this Ordinance shall be declared to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. 13 Aqenda Item No. 16C1 ~ June 10.2008 Page 18 of 18 SECTION TWENTY ONE: Conmet. The provisions of any other Collier County Ordinance that are inconsistent or in conflict with the provisions of this Ordinance are superseded to the extent of such inconsistency or conflict, or waived when the subject of a variance granted pursuant to Section 16 of this Ordinance. SECTION TWENTY TWO: Inclusion in the Countv's Code of Laws and Ordinances. The provisions of this Ordinance sha1l 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. SECTIO!'> TWENTY THREE: 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 27th day of July, 2004. DATED: 7/29/04 ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Heidi Donna R. Rockhold, Fiala D.C. By: , Deputy Clerk DONNA FIALA. Chairman Approved as 10 ronn and legal sufficiency: Robert N. Zachary Robert N. Zachary Assistant County Attorney 14