Loading...
Ordinance 2007-12 \'\ '\2. B !'].j<. () ..I Ie "q,0) "\ ~ '., : C H.'O ?~1 ;, \t~~~t~ A' ~o :tX~:~/ ~6~8~':.~~?;/ ORDINANCE NO. 07--12- AN ORDINANCE AMENDING ORDINANCE NUMBER 89- 05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 2006-07 plan amendment process; and WHEREAS, Collier County did submit the 2006-07 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on May 26, 2006; and WHEREAS, the Department of Community Affairs did review and did not make written objections to the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan on January 25, 2007; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE SOLID WASTE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the SOLID WASTE SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth Management Plan for Collier County, Florida. The Collier County Growth Management Plan SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendment is attached hereto as Exhibit A and incorporated herein by reference. 1 SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this Amendment to the SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this 25th day of January. 2007. ATTEST: DWI T E>Sa 'e~"CLERK . ,,'-." .'. .....:1..':: ~h( ~ty'CJirk' .'~ . '. .;-,~':.., .to t~.;, :l"'Ito(;,'i -, '51 'rrt~~' ,.. ..,... . . 0;.: ., ,..' ., . APPROVED1A$, TOl FORM AND LEGAL SUFFICIENCY: BOARD OF COUNTY COMMISSIONERS :~LLlER ~~~~' FL. JAMF1iY'~ AI AN l'~~~j. Oh..;:lQ<aLPAd-~ MARJO EM. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY 2007 SOLID WASTE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT This ordinance filed with th(' ~~tary of tote's Office t~, . day 0 / ~~l and ocknowledgemer:'~ that f~-20. ~5t.ved th~~~d(]Y or' __rr__~~_. BY__~g..{,-, DP.pu terk 2 Solid Waste Sub-Element As Adopted by BCC 1-30-07 EXHIBIT "A" I. INTRODUCTION [New Language, page 1] The Solid Waste Sub-Element establishes a policy framework for Collier County's current solid waste management facilities and provides general direction for the further development of the County's solid waste management system in the future. The purpose of the Solid Waste Sub-Element is to assure the provision of cost effective and environmentally safe disposal of solid waste for the present and anticipated future residents of Collier County. The proper collection. processing. and disposal of solid waste is important to the health, safety and welfare of all Collier County residents. Improper disposal of solid and/or hazardous waste can contaminate drinking water or expose residents to environmental and public health risks. In addition to the safe and environmentally sound collection. processing and disposal of residential and commercial solid waste. the Solid Waste Sub-Element also contains provisions related to: monitoring for potential environmental impact pursuant to State and Federal rules and regulations and the associated permit conditions: the collection and disposal of hazardous materials; the County's recycling programs: and. solid waste recovery programs. Words underlined are added; words struok through are deleted. Solid Was1e Sub-Element As Adopted by Bee 1-30-07 Goal, Objectives and Policies Solid Waste Sub-Element GOAL 1: [Number Removed, page 1] PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOSL\LMANAGEMENT IN A MANNER TO ASSURE THEIR PUBLIC HEALTH AND SAFETY AND TO PROTECT THE AIR, WATER AND LAND RESOURCES OF COLLIER COUNTY. OBJECTIVE 1-:+: (COLLECTION) [Renumbered, revised text, page 1] Collier County shall continue to +he mainteaance maintain e:f a safe, dependable and efficient solid waste collection system. Present facilities meeting the current Level of Service includes- two (2) franchise collection areas and three transfer stations Recycling Centers, as follows: a. Unincorporated County service area; b. Immokalee service area; c. Three (3) transfer stations Recycling Centers; 1. Naples Traflsfer Station Recycling Center 2. Marco Transfor Station Recycling Center 3. Carnestown Transfer Station Recycling Center Policy 1.1.1: [Renumbered, revised text, page 1] The County shall ~ontinue to maintain and regulate commercial. multi-family and tax- bill based residential collection costs to ensure efficient and dependable service affordable to all users. Policy 1.1.2: [Renumbered, revised text, page 1] The County shall Maintain retain its mandatory collection ordinance Number 2005-54. ~ as amended, and the mandatory commercial recycling ordinance Number 2004-50. as amended. Policy I.I.3: [Renumbered, revised text, page 1] The County shall ~ontinue to evaluate economic transfer and disposal systems including transfer stations the use of full-service recycling centers. Words underlined are added; words struok through are deleted. 2 Solid Waste Sub-Element As Adopted by Bee 1-30-07 Policy 1.1.4: [Renumbered, revised text, page 1] The County shall ensure Assure public awareness and participation in solid waste collection issues by requiring all issues to be addressed in advertised public meetings addressing such issues in duly noticed public meetings. OBJECTIVE 1.2: (DISPOSAL) [Renumbered, revised text, page 1] The County shall ~ontinue to utilize safe and efficient methods for environmentally sound disposal of solid waste in accordance with local, State and Federal regulations and shall continue to investigate improved methods and implement practices that meet this objective. Policy 1.2.1: [Renumbered, revised text, page 1] The County shall continue to Mmonitor groundwater wells- as required by the regulatory permit conditions for the operation of the landfill and continue to closely evaluate the test data. Deyelop remedial actions if conditions are not satisfactory and in compliance with State and Federal rules and regulations. Policy 1.2.2: [Renumbered, revised text, page 2] The County shall continue to Implement and maintain leachate and gas management systems at County landfills as needed in order to comply with permit conditions. Policy 1.2.3: [Renumbered, revised text, page 2] The County shall continue to P12ursue State and Federal grants for. and participation in.. feasibility projects eft for the development and investigation of improved techniques for landfill operations and eHlef alternative methods ef for solid waste disposal. Policy 1.2.4: [Renumbered, revised text, page 2] Maintain tho laRd inventory required for futme landfills to meet the reoommended Le'/el of Seryice standards. By fiscal year 2010. the County shall acquire and/or retain the land inventory required for future solid waste operations. based upon selection of. including but not limited to. one or more of the following options in order of priority: 1. Develop the means to partially or completely divert solid waste from the landfill (additional recycling or alternative forms of disposal). 2. Increase the permissible elevation of the Naples Landfill so as to gain additional airspace capacity. Words underlined are added; words struok through are deleted. 3 Solid Waste Sub-Element As Adopted by Bee 1-30-07 3. Explore emerging conversion technologies that would allow for continued solid waste disposal operations within Collier County. 4. Secure and utilize additional capacity at a landfill or landfills. Policy t.2.5: [Renumbered, revised text, page 2] The Level of Service for Solid Waste Sub-Element shall be: a. Tons of solid waste per capita per year, used to determine landfill disposal capacity, is based on the average of the last.fPre three complete fiscal years actual lined cell tonnage activity. b. Two (2) years of constructed lined landfill cell capacity at the disposal rate calculated per -h2.5.a. c. Ten (10) years of permittable landfill capacity at the disposal rate calculated per -h2.5.a. Policy t.2.6: [Renumbered, revised text, page 2] The County shall annually ggefine the cost of continued landfilling solid waste collections and disposal within the County over the next 5, 10 and 20 year time periods taking into consideration all operating and capital costs. Policy t.2. 7: [Renumbered, revised text, page 2] The County shall /\ssure promote public awareness .Q.f, and participation in. solid waste disposal issues by requiring all issues to be addressed in advertised pl:lblic meetings. addressing such issues in duly noticed public meetings. Policy t.2.8: [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to operate and maintain a hazardous waste collection facility. The facility shall operate five (5) days per week and will accept household hazardous wastes. Additionally. the Department shall continue to hold its hazardous waste collection day at least efl€e twice per year targeting residential households but also allowing small businesses to participate to some extent. OBJECTIVE t.3: (RECYCLE AND RECOVERY) [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to Mmaintain and update the Integrated Solid Waste Management Strategic Plan Solid Waste Master Plan as directed by the Board of County Commissioners. Words underlined are added; words 6truck through are deleted. 4 Solid Waste Sub-Element As Adopted by Bee 1-30-07 Policy t.3.1: [Renumbered, revised text, page 2] The Collier County Solid Waste Department shall continue to Mmaintain and improve programs to reduce the amount of solid waste that requires disposal at County landfills by: a. Maintaining and enhanceing the current COURty wide countywide single family through fourplex residential curbsido recycling program~_. b. Maintaining and enhanceing the current county-wide multi-family residential recycling program. bf.. Maintaining and enhanceing the current county-wide commercial business recycling program~ to encourage and assist commercial busiaess recycling activities county wide. eg. Continue Maintaining and enhanceing the curb-side separation of material into recyclable categories to be received at the material recovery facilities landfill i-ate recyclable categories. e. Continuing to explore additional measures for waste reduction. Policy t.3.2: [Renumbered, revised text, page 3] Continue iRvestigation of cost saviRg methods for landfills: a. LaRdfill miRing to reco"er and recycle cover material. Landfill mining provides a method of clean up of unlined landfills and for rocycling existing acreage for new landfills. b. Investigate methane gas recovery aRd use. The County shall continue investigation and implementation of cost-saving measures for County disposal operations. The County shall evaluate other measures. including landfill mining. as new technologies and practices emerge. (Currently. a methane gas collection program is in operation.) Policy t.3.3: [Renumbered, revised text, page 3] The County shall i\ssure promote public awareness Q[. and participation in~ solid waste disposal recycle and recovery issues by requiring all issues to be addressed in advertised public meetings addressing such issues in duly noticed public meetings. EAR-SW S-E Adopted by Bee G: eomprehensive/EAR Amendmen1 Modifications/Bee Adoption Final cs-kvl-dw/5-24-06 Words underlined are added; words struck through are deleted. 5 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-12 Which was adopted by the Board of County Commissioners on the 25th day of January, 2007, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of February, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners . ' , iluM. ~ 0-<-. By: Ann Jennejohn, Deputy Clerk