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Chapter 118 - Solid Waste Chapter 118 SOLID WASTE* Article 1. In General Sec. 118-1. Imposition of fees for users of county solid waste disposal facili- ties. Secs. 118-2-118-25. Reserved. Article II. Reserved Secs. 118-26-118-55. Reserved. Article III. Litter Control Sec. 118-56. Title and citation. Sec. 118-57. Definitions. Sec. 118-58. Penalties. Sec. 118-59. Findings and purpose. Sec. 118-60. Applicability. Sec. 118-61. Enforcement procedures. Sec. 118-62. Litter declared a public nuisance. Sec. 118-63. Unlawful to litter. Sec. 118-64. Unauthorized accumulation of litter prohibited. Sec. 118-65. Dumping or depositing of abandoned property prohibited. Sec. 118-66. Storage of litter. Secs. 118-67-118-85. Reserved. Article IV. Collection and Disposal Municipal Service Benefit Units Sec. 118-86. Definitions. Sec. 118-87. Creation,purpose,and declaration of benefit. Sec. 118-88. Governing body. Sec. 118-89. Powers. Sec. 118-90. Budget adoption. Sec. 118-91. Trust fund. Sec. 118-92. Prima facie evidence of accumulation of solid waste. Sec. 118-93. Annual solid waste collection,disposal and administration spe- cial assessment. Sec. 118-94. Annual rate resolution. Sec. 118-95. Certification of rate resolution. Sec. 118-96. Solid waste collection,disposal and administration service charge prior to initiation of annual special assessment. Sec. 118-97. Scope of special assessment;delinquency;and liens. Sec. 118-98. Payments. Sec. 118-99. Correction of errors and omissions. Sec. 118-100. Failure to include residential real property on annual solid waste collection,disposal and administration special assessment roll. Sec. 118-101. Enforcement of delinquent annual garbage and solid waste col- lection,disposal and administration special assessments. *Cross references-Environment,ch.54;transportation and disposal of sludge,§54-116 et seq.;health and sanitation,ch.66; natural resources,ch.90;roads and bridges,ch. 110;utilities,ch. 134. Land development code reference-Garbage dumpsters,§2.6.15. Special act references-Special acts pertaining to solid waste,ch.258;garbage collection services,§270-26 et seq. State law references-Authority to provide for waste collection and disposal, F.S. § 125.01(1)(k); Florida Litter Law, F.S. §403.413;resource recovery and management,F.S.§403.702 et seq. Supp.No.61 CD118:1 COLLIER COUNTY CODE Sec. 118-102. Mandatory solid waste collection. Sec. 118-103. Ownership of solid waste and program recyclables. Sec. 118-104. Responsibilities of contractor and customer for solid waste collec- tion. Sec. 118-105. Termination of service by contractor. Sec. 118-106. Self hauler exemption permits for commercial and residential property; procedure for obtaining and revoking exemption per- mits. Sec. 118-107. Financial hardship deferments. Sec. 118-108. Penalties. Secs. 118-109-118-130. Reserved. Article V. Recycling Program Sec. 118-131. Intent and purpose. Sec. 118-132. Title and citation. Sec. 118-133. Applicability. Sec. 118-134. Construction and interpretation. Sec. 118-135. Definitions. Sec. 118-136. Designation of recyclable materials. Sec. 118-137. Minimum standards for recycling on non-residential property. Sec. 118-138. Minimum standards for recycling on multi-family property. Sec. 118-139. Minimum standards for recycling at temporary events. Sec. 118-140. Minimum standards for recycling at venue facilities. Sec. 118-141. Exemptions from recycling standards. Sec. 118-142. Extraordinary and innovative recycling. Sec. 118-143. Awards program for recycling on non-residential property,multi- family property,temporary events and at venue facilities. Sec. 118-144. Recycling education and promotion program. Sec. 118-145. Evaluation of non-residential,multi-family,temporary event,and venue facility recycling programs. Sec. 118-146. Recycling service agreements. Sec. 118-147. Temporary event, and venue facility collection service agree- ments. Sec. 118-148. Standards for recycling contractors. Sec. 118-149. Self-hauling. Sec. 118-150. County recycling centers and hazardous waste collections. Sec. 118-151. Variances. Sec. 118-152. Inspections,enforcement and penalties. Sec. 118-153. Conflict and severability. Sec. 118-154. Inclusion in the County's Code of Laws and Ordinances. Sec. 118-155. Effective date. Supp.No.61 CD118:2 SOLID WASTE § 118-1 ARTICLE I. IN GENERAL (3) Landfill fee means the fee to be assessed at the county's landfill sites based on the Sec. 118-1. Imposition of fees for users of amount of solid waste to be disposed. county solid waste disposal facil- (4) Landfill site means any county-owned and ities. -operated facility for the disposal of solid (a) Legislative findings.The board hereby finds waste. that it is necessary to establish and impose user (5) Reef and marine development means ma- fees to finance the activities of the solid waste rine facilities owned and operated to pro- department,including transfer stations, sanitary vide for disposal of inert wastes for the landfills, and reef and marine development,to be purpose of constructing artificial reefs. charged to all users who deposit solid waste at these facilities. (6) Residential customer means,as defined in the franchise agreements, any residential (b) Established. The specific fees for utilization customer of the franchise hauler for bill- of all solid waste facilities by all users shall be ing purposes. established by an annual resolution of the board (7) Residential disposal fee means a fee col- of county commissioners. lected by franchise haulers from regu- (c) Definitions. lated residential customers based on an estimated average tonnage of solid waste (1) Commercial hauler means any person per residential customer to be disposed of which engages in one or more of the at the landfill sites. following activities: (8) Solid waste means garbage, rubbish, re- , a. The transport and disposal of waste fuse and other discarded solid or semi- materials of another where a fee, solid materials resulting from domestic, direct or indirect,is charged for such industrial, commercial, agricultural and service. governmental operations, but does not b. The transport of waste materials include solids or dissolved material in which originate from a commercial domestic sewage or other significant pol- establishment.This shall include the lutants in water resources such as silt, transportation of waste materials by dissolved or suspended solids, industrial any owner, proprietor, agent or em waste water effluents,dissolved materials ployee of any commercial establish in irrigation return flows, or other com- ment who transports such materials mon water pollutants. for or on behalf of such commercial (9) Transfer stations means any manned coun- establishment. ty-owned and -operated facility which re- c. The performance of any service,trade ceives solid waste from users in order to or work in the course of which waste transport said solid waste into county materials are generated and which landfill sites for disposal. A transfer sta- are transported as part of the ser tion may be located at the entrance to a vice,trade or work performed,includ- ing but not limited to such activities (10) Transfer station fee means the fee to be as lawn maintenance and landscap- assessed at the transfer station sites based ing, and construction activities. on the amount of solid waste to be trans- (2) Franchise hauler means any commercial Ported into the landfill sites. entity which enjoys the exclusive right (11) User means any person,public or private, through franchise agreement with the residing in or conducting a business in the county for the removal, collection and county and who deposits solid waste at disposal of solid waste. county solid waste facilities. Supp.No.52 CD118:3 118-1 COLLIER COUNTY CODE (d) Charges by franchise haulers. Franchise ilar article which has no value other than nominal haulers shall charge their residential customers, salvage value, if any, and which has been left whose rates are regulated by the county, a resi- abandoned and unprotected from the elements. dential disposal fee. This residential disposal fee shall be used to pay for the disposal of residential Litter means any discarded, used or uncon wastes at county disposal facilities.The franchise sumed substance or wastes. Litter may include haulers shall pay for the disposal of residential but is not limited to garbage,trash,refuse,debris, wastes monthly. The amount of the residential rubbish, grass clippings or other lawn or garden disposal fee for regulated customers shall be waste,newspapers,magazines,glass,metal,plas- established by resolution of the board of county tic or paper containers, or other packaging, con commissioners annually. struction material, motor vehicle parts and tires, (Ord. No. 82-14, §§ 1-3; Ord. No. 82-84, §§A, B; furniture, oil or grease, the carcass of a dead Ord. No. 84-31, §§ 2-5) animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or anything Secs. 118-2-118-25. Reserved. else of any unsightly nature, which has been discarded, abandoned or otherwise disposed of ARTICLE II. RESERVED* improperly. Person means any natural person,partnership, Secs. 118-26-118-55. Reserved. firm, corporation, company,business, institution, owner, agent, tenant, occupant or any other en- ARTICLE III. LITTER CONTROL tity. I' Storage means the interim containment of lit- L Sec. 118-56. Title and citation. ter, in an approved manner, after generation of such litter and prior to proper and final disposal. This article shall be known and may be cited as the "Collier County Litter Control Ordinance." Unauthorized accumulation means the accu- (Ord. No. 88-45, § 2) mulation of litter on any residential or commer- cial properties which is not contained within Sec. 118-57. Definitions. containers or receptacles provided for litter or is not otherwise permitted or authorized by the The following words,terms and phrases,when county ordinance. This shall not include building used in this article, shall have the meanings materials used in constructing or repairing a ascribed to them in this section,except where the building which are stored at the site of such context clearly indicates a different meaning: building. Abandoned property means any wrecked or Written corrective notices means a written state- derelict property having no value other than ment issued to the violator of this article or to his nominal salvage value, if any, which has been agent identifying and specifying the violation, abandoned and unprotected from the elements, date and time of issuance,corrective measures to and shall include wrecked, inoperative or par- be taken, and date and time correction is to be tially dismantled motor vehicles, trailers, boats, completed. machinery, refrigerators, washing machines, (Ord. No. 88-45, § 4) plumbing fixtures, furniture, and any other sim- Cross reference—Definitions generally,§1-2. *Editor's note—Ord. No. 2013-62, § 1, adopted Nov. 12, Sec. 118-58. Penalties. 2013,repealed Art.II,§§118-26-118-34 entitled"Solid Waste Management Advisory Committee",which derived from:Ord. (a) If any person fails or refuses to obey or No.88-36,§§1-9. tCross reference—Litter, weeds, debris and plant con- comply with or violates any of the provisions of trol,§54-176 et seq. this article, such person, upon conviction of such State law reference—Litter control,F.S.§403.413 et seq. offense, shall be guilty of a misdemeanor and ar Supp.No.52 CD118:4 SOLID WASTE § 118-61 shall be punished by a fine not to exceed $500.00 (b) It is therefore the purpose of this article to or by imprisonment not to exceed 60 days in the bring about public awareness of the litter problem county jail, or both,in the discretion of the court. and to initiate and enforce a litter control pro- Each violation or noncompliance shall be consid- gram. ered a separate and distinct offense.Further,each (Ord. No. 88-45, § 1) day of continued violation or noncompliance shall be considered as a separate offense. Sec. 118-60. Applicability. (b) Nothing herein contained shall prevent or restrict the county from taking such other lawful This article shall apply to and be enforced in all action in any court of competent jurisdiction as is unincorporated areas of the county. necessary to prevent or remedy any violation or (Ord. No. 88-45, § 3) noncompliance. Such other lawful actions shall include but shall not be limited to an equitable Sec. 118-61. Enforcement procedures. action for injunctive relief or an action at law for damages. (a) Agents of the county code enforcement de- (c) Nothing in this section shall be construed partment and public works department are hereby to prohibit the county from prosecuting any vio- empowered to issue written corrective notices to lation of this article by means of a code enforce- any person violating the provisions of this article. ment board established pursuant to the authority of F.S. ch. 162. (b) Written corrective notices issued to viola- tors of this article shall state the date and time (d) All remedies and penalties provided for in issued, nature of the offense committed, correc- this section shall be cumulative and indepen- dentlytive measures to be taken, and the date and time available to the county, and the county on or before which such corrections shall be made. shall be authorized to pursue any and all reme- In the event the agent issuing the written correc- dies set forth in this section to the full extent tive notice has reason to believe a violation pres- allowed by law. ents a serious threat to the public health, safety (Ord. No. 88-45, § 11) or welfare of the public or that the violation is of State law reference—Penalty for ordinance violations, such a nature as to require immediate correction, F.S.§125.69. the violator may be required by the notice to effectuate immediate corrective measures upon Sec. 118-59. Findings and purpose. receipt of the notice. The time period allowed for (a) The board of county commissioners does taking corrective measures shall not exceed 30 hereby make the following findings: days.All such notices issued shall be maintained by the issuing authority for public inspections (1) The careless discarding on public and during normal office hours. Notices mailed to the private property of paper,wrappings,bot- violator's last-known place of residence by certi- tles, cans, litter and waste of every con- fled mail,return receipt requested,shall be deemed ceivable kind is unsightly, dirty, offensive personal service upon the person, for the purpose and a cause of civic disgrace; of this article. (2) Litter is a fire, health and safety hazard; (c) Any person who has been served such no- (3) Litter has an injurious effect on property tice in accordance with the provisions of this values, destroys community pride and article, and who shall neglect or shall refuse or makes the county a less desirable place in shall fail to fully comply with the corrective which to live; and notices so ordered and/or to comply within the time frame so ordered therein, shall be in viola- (4) Combating litter is a costly waste of money, tion of this article. . personnel and material. (Ord. No. 88-45, § 10) Supp.No.61 CD118:5 §118-62 COLLIER COUNTY CODE Sec. 118-62. Litter declared a public nui- business enterprise, all abandoned property shall sance. be screened so that it is not visible from any The unauthorized and improper dumping, ac public right-of-way or from any property used for cumulation or storage of litter or abandoned prop residential purposes. It shall be unlawful to en- erty on public or private property is hereby de- gage in or permit the dumping,storing,placing or Glared to be a public nuisance. depositing of abandoned property in any residen- (Ord. No. 88-45, § 5) tial area unless such abandoned property is kept in a completely enclosed building. Sec. 118-63. Unlawful to litter. (Ord. No. 88-45, § 8) It shall be unlawful for any person to throw, Sec. 118-66. Storage of litter. discard, place, drop or deposit litter in any man- ner or amount in or upon any public property, (a) All commercial establishments shall store private property, highway, street, right-of-way or their litter in containers so as to eliminate wind- body of water within the unincorporated areas of driven debris and unsightly litter in and about the county, except in areas and containers pro- their establishments. The number and size of vided and designated for the disposal of litter. In containers necessary for each commercial estab- any case where litter is ejected or discarded from lishment shall be that number required to main- a motor vehicle,except at approved and permitted tam clean, neat and sanitary premises. Spillage disposal sites, the operator of the motor vehicle and overflow around containers shall immedi- shall be deemed in violation of this article. ately be cleaned up as it occurs. (Ord. No. 88-45, § 6) (b) All loading and unloading zones at commer- cial establishments shall be provided with litter �./ litter prohibited. receptacles by the owner of the business to store loose debris,paper,cardboard, packaging materi- Any unauthorized accumulation of litter on als, and similar materials. any property, vacant or improved, or on or upon any public street, alley or other public or private (c) Any and every person owning or operating place is a violation of this article. Any property any public establishment or public place shall owner,tenant,occupant,agent, manager or other provide receptacles adequate to contain litter person who owns, maintains, or controls private generated from such establishment. improved or unimproved property is hereby de- (d) Any and every person in possession, or in Glared to be in violation of this article where any charge or in control of any place,public or private, such unauthorized accumulation of litter is main- where litter is accumulated or generated shall tained or is allowed to remain on such property. provide and at all times maintain said litter in (Ord. No. 88-45, § 7) adequate and suitable receptacles and/or contain- ers capable of holding such materials until proper Sec. 118-65. Dumping or depositing of aban- final disposal is accomplished. doned property prohibited. It shall be unlawful for any person to engage in (e) All construction and demolition contrac or permit the dumping, storing,placing or depos tors,owners or agents shall provide on site recep- iting of abandoned property on any real property, tacles for loose debris,papers,building materials street or highway; provided, however, that aban- wastes, scrap building materials, and other litter doned property kept in a completely enclosed products to prevent wind-driven scattering of building or a business enterprise which is law- such materials if the materials are otherwise not fully licensed and zoned for depositing and stor- properly disposed of on a daily basis. ing of abandoned property shall be an exception to (Ord. No. 88-45, § 9) this provision. If abandoned property is kept or stored in connection with a lawfully licensed Secs. 118-67-118-85. Reserved. Supp.No.61 CD118:6 SOLID WASTE § 118-86 ARTICLE IV. COLLECTION AND (b) absorbent materials saturated with DISPOSAL MUNICIPAL SERVICE blood or blood products that have BENEFIT UNITS* dried; and Sec. 118-86. Definitions. (c) non-absorbent, disposable devices A. For the purposes of this Ordinance, the that have been contaminated with definitions contained in this Section 1 (§ 118-86) blood,or body fluids or secretions or shall apply unless otherwise specifically stated. excretions visibly contaminated with When not inconsistent to the context,words used blood, if the devices have not been in the present tense include the future,words in treated by an approved method. the plural number include the singular, and 5. Board:The Board of County Commission- words in the singular number include the plural. ers of Collier County, Florida, or the The word "shall" is always mandatory and not Board's designee. merely discretionary. 6. Bulk Waste:Any large discarded household 1. Assessment Roll: The list that identifies item that cannot be placed in a Curbside all of the taxable real property in Collier Container because of its size, volume, County, as described in Section 8 of this shape or weight. Bulk Waste includes, Ordinance (§ 118-93). but is not limited to, sofas, tables, sinks, 2. Benefit Unit:Each of the two(2)municipal toilets, other fixtures, furniture, ladders service benefit units established and carpet. Bulk Waste does not include hereunder. White Goods, Electronic Equipment or 3. Biological Waste:Those wastes that cause Extraordinary Waste. or have the capability of causing disease 7. Certificate of Occupancy, or Certificate of or infection including, but not limited to, Completion: A document issued by the Biomedical Waste, diseased or dead County certifying that a newly constructed animals, and other wastes capable of building has been constructed in compli- transmitting pathogens to humans or ance with County specifications and is animals. This term does not include suitable for use. human remains that are disposed of by Persons licensed under F.S. ch. 470. 8. Clerk: The Clerk of the Circuit Court of 4. Biomedical Waste: Any solid or liquid Collier County, Florida, acting as the waste which may present a threat of Clerk of the Board,or the Clerk's designee. infection to humans, including non- 9. Collection: The process of picking liquid tissue, body parts, blood, blood u a transporting, l and dropping off Residential products, and body fluids from humans Waste and Commercial Waste at the and other primates; laboratory and Designated Sites; or the process of pick- veterinary wastes which contain human ing up, transporting, and dropping off disease-causing agents; and discarded Exempt Materials at a licensed disposal sharps. The following are also included: site or Recycling Facility. (a) used absorbent materials saturated 10. Collection Container: Any container with blood, blood products, body fluids, or excretions or secretions approved by the Manager for storage and contaminated with visible blood; collection of Solid Waste. 11. Collection Service: Residential Curbside *Editor's note—Ord.No.2005-54,§25,adopted Oct. 11, and Non-curbside Collection Service 2005, repealed art. IV, §§ 118-86-118-98, 118-111-118- 120,in its entirety.Formerly,said article pertained to similar and/or Commercial Collection Service. subject matter. Sections 1-22 of provided for a new art. IV 12. Commercial Bear Resistant Solid Waste to read as herein set out.See the Code Comparative Table for a detailed analysis of inclusion. Container: A commercial solid waste Cross reference—Special districts,ch. 122. container with a reinforced lid and latch- `" Supp. No. 85 CD118:7 § 118-86 COLLIER COUNTY CODE ing mechanism, or other County-ap- effective January 1, 1997, except as proved method that prevents access to provided in F.S. § 403.707(12)(i), the contents by bears. unpainted,non-treated wood scraps from 12.5. Commercial Container:A dumpster,roll- facilities manufacturing materials used off container,compactor,or other container, for construction of structures of their that is approved by the Manager for the components and unpainted, non-treated collection of Solid Waste or Recyclable wood pallets, provided the wood scraps Materials from commercial Customers. and pallets are separated from other Commercial containers used for garbage solid waste where generated and the or recycling shall have lids which remain generator of such wood scraps or pallets closed except when materials are being implements reasonable practices of deposited. generating industry necessary to minimize the commingling of wood scraps or pal- 13. Commercial Real Property:Real property lets with other solid waste; and de mini- that is located in a Benefit Unit and not mis amounts of other non-hazardous classified as Residential Real Property. wastes that are generated at construc- Commercial Real Property includes tion or demolition projects,provided such property used primarily for: (a) corn- amounts are consistent with best manage- mercial purposes, such as hotels, motels, ment practices of the construction and stores,restaurants,theaters, service sta- demolition industries. Mixing of construc- tions, agriculture, horticulture, and tion and demolition debris with other recreational vehicle parks;(b)institutional types of solid waste will cause it to be purposes, such as governmental offices, classified as other than construction and churches, hospitals, and schools; and (c) demolition debris. not-for-profit organizations. Commercial Real Property shall not include corn- 15. Contractor: The Person(s) authorized by mercially zoned property that is used the County to collect and transport Solid primarily for residential purposes. Vacant Waste in a Service District pursuant to a land, not classified as Improved Real Service Agreement. Property, shall be deemed Commercial Real Property. 16. Curbside:A location within three(3)feet of the curb, pavement, or edge of the 14. Construction and Demolition (C&D) nearest street. If this location is in a Debris: Discarded materials generally drainage ditch, Curbside shall mean a considered to be not water soluble and location adjacent to the Customer's non-hazardous in nature, including, but driveway, as close as possible to the not limited to,steel,glass,brick,concrete, nearest roadway. asphalt roofing material, pipe, gypsum wallboard,and lumber,from the construc- 16.5. Curbside Bear-Resistant Solid Waste tion or destruction of a structure, as part Container:A solid waste container with a of a construction or demolition project,or reinforced lid and a latching mechanism renovation of a structure, and including or other County-approved method that such debris from construction of structures prevents access to the contents by bears. at a site remote from the construction or demolition project site. The term includes 17. Curbside Container:(a)a metal or plastic rocks,soils,tree remains,trees,and other container with a tight fitting lid, with vegetative matter that normally results two handles on the sides,with or without from land clearing or land development wheels,used for the collection of Garbage operations for a construction project and and Rubbish;and(b)a heavy duty plastic clean cardboard,paper,plastic,wood and bag sufficient in strength for handling by metal scraps from a construction project, the Contractor, used to contain excess Supp. No. 85 CD118:8 SOLID WASTE § 118-86 garbage and rubbish,provided the bag is attendant with or results from the stor- closed and unbroken at the time of collec- age, preparation, cooking, or handling of tion. food materials. 18. Customer: Any Person that uses a 25. Garbage Roll Cart: A heavy-duty plastic Contractor's services for the collection of container that is mounted on two wheels, Solid Waste, as provided by this complies with the specifications Ordinance. established by the Manager, and is used for the collection of Garbage and Rub- 19. Division:The Collier County Public Utili- bish. ties Department, Financial Operations 26. Hazardous Waste: Solid Waste, or a Division or the County division to which combination of Solid Wastes, which, the Manager assigns the responsibility of because of its quantity, concentration, or administering this Ordinance. physical, chemical, or infectious 20. Dwelling Unit:A room or rooms constitut characteristics,may cause,or significantly ing a separate, independent establish- contribute to, an increase in mortality or ment with cooking facilities/kitchen, a an increase in serious irreversible or separate entrance, and bathroom facili- incapacitating reversible illness or may ties, and physically separated by a wall pose a substantial present or potential or a door from any other rooms or Dwell- hazard to human health or the environ- ing Units which may be in the same ment when improperly transported, structure or in separate structures. A disposed of, stored, treated, or otherwise hotel or motel room is not a Dwelling managed. Hazardous Waste includes any Unit. material or substance identified as a Hazardous Waste or hazardous substance 21. Electronic Equipment:Electronic devices in the Florida Administrative Code, that have been discarded, including, but Florida Statutes, or other applicable law. not limited to,computers,monitors,televi- 27. Holiday: Independence Day, Thanksgiv- sions, cathode ray tubes, printers, scan- ing Day, Christmas Day, and any other ners, fax machines, game machines and day so designated by the Board of County telephones. Commissioners. 22. Exemption Permit: The County's 28. Improved Real Property: Any cleared, authorization for a Person, other than a graded or drained real property upon Contractor, to collect, transport and which a building or structure is erected dispose of Solid Waste, as provided in and occupied or capable of being occupied Section 21 of this Ordinance (§ 118-106). (i.e., a County Certificate of Occupancy has been issued) for residential, com- 23. Extraordinary Wastes:Wastes that require mercial, institutional or industrial use. extraordinary management,including,but Improved Real Property includes but is not limited to: abandoned automobiles; not limited to, recreational vehicle park- boats; tree trunks greater than four (4) ing lots contained within parks designated feet in length,four(4)inches in diameter as mobile home parks by the County and fifty (50) pounds in weight; dead Health Department. animals; agricultural and industrial wastes; Biomedical Waste; Biological 29. Land Clearing Debris:Means rocks,soils, Waste; Radioactive Waste; and Hazard- tree remains, trees and other vegetative ous Waste. matter which normally results from land clearing or land development operations 24. Garbage:All kitchen and table food waste, for a construction project. Land Clearing and animal or vegetative waste that is debris does not include vegetative matter Supp. No. 85 CD118:9 § 118-86 COLLIER COUNTY CODE from lawn maintenance, farming opera- 38. Program Recyclables: Recyclable Materi- tions, nursery operations, or any other als that have been designated by the source not related directly to a construc- Board for collection from residential and/or tion project. commercial Customers, and are 30. Manager:The County Manager of Collier segregated from other materials in the County, Florida, or the Manager's waste stream. designee. 39. Radioactive Waste: Any equipment or 31. Multi-Family Residence:A group of three materials that are radioactive or have or more Dwelling Units within a single radioactive contamination, and are building, attached side-by-side or one required by law to be stored, treated, or above another, wherein each Dwelling disposed of as radioactive waste. Unit may be individually owned or leased 40. Rate Resolution:A resolution adopted by on land which is under common or single the Board under the provisions of Section ownership. 9(§ 118-94)of this Ordinance and Collier 32. Non-Collection Notice: A durable tag or County Ordinance No. 84-31, establish- sticker used to notify a Customer that ing: (a) the annual Special Assessments the Customer's container or waste mate- to be imposed upon the owners of rial has not been set out in compliance Residential Real Property in the Benefit with the requirements of this Ordinance. Units for the forthcoming fiscal year (October 1 through September 30 of the 33. Non-Conforming Residential Waste: Any following year); (b) the rates, fees and non-recyclable material that is set out charges for the collection of Solid Waste for collection in a specified container that by the Contractor(s) from Commercial is not in accordance with the require- Real Property;and(c)the rates,fees and ments of this ordinance. charges for the disposal of Solid Waste at 34. Non-Program Recyclables: Recyclable the County authorized Solid Waste Materials that are not Program management facilities. Recyclables,but are segregated from other 41. Recovered Materials:Metal,paper, glass, materials in the waste stream. plastic, textile, or rubber materials that 35. Person: Any and all persons, natural or have known recycling potential, can be artificial, including any individual, firm, feasibly recycled, and have been diverted partnership, joint venture, or other and source separated or have been association, however organized; any removed from the waste stream for sale, municipal or private corporation organized use, or reuse as raw materials, whether or existing under the laws of the State of or not the materials require subsequent Florida or any other state;any county or processing or separation from each other, municipality; and any governmental but does not include materials destined agency of any state or the federal govern- for any use that constitutes disposal. ment. Recovered Materials as described above are not Solid Waste. Recovered Material 36. Primary Service: The type of service does not include any material or substance regarded as the primary service to any that does not fit within one of the six property that consists of mixed residential categories described in this definition and commercial customers. (metal, paper, glass, plastic, textile, or rubber). 37. Private Hauler: Any person and or enterprise engaged in the private busi- 42. Recyclable Materials: Materials which ness of collecting and transporting Com- are capable of being recycled and which mercial Recyclables. would otherwise be processed or disposed Supp. No. 85 CD118:10 SOLID WASTE § 118-86 of as Solid Waste. This term encompasses whether occupied or not; and premises Program Recyclables and Non-Program occupied as a residence located in or Recyclables. upon commercially zoned real property; 43. Recycling Bin: An eighteen (18) gallon provided, however, that where property green bin or similar container that is is used exclusively as a recreational approved by the Manager and used for vehicle park, as defined in F.S. the collection of Program Recyclables. § 513.01(10), such property shall be deemed Commercial Real Property. 44. Recycling Roll Cart:A heavy-duty plastic 49. Roll Cart:A heavy-duty plastic container container that is mounted on two wheels, �'3'- y has a yellow lid and complies with the that is mounted on two wheels and specifications established by the Manager, complies with the specifications and is used for the collection of Recyclable established by the Manager. Materials. 50. Rubbish: Waste materials, other than 45. Residential Customer: A Person who Garbage, resulting from normal occupies Residential Real Property located housekeeping activities on Residential within a County established municipal Real Property and Commercial Real service benefit unit and who receives Property. Rubbish includes but is not Residential Curbside Collection Service limited to,discarded trash,and recyclables or Residential Non-Curbside Collection such as paper, plastic, bottles, cans and Service. similar materials. 46. Residential Non-Curbside Collection 51. Self Hauler: Any owner, occupier, or Service:The collection of residential Waste authorized agent of Real Property from Residential Customers who occupy approved by the Manager to remove Solid a Multi-Family Residence and who do Waste generated on their own premises. not receive Residential Curbside Collec- The owner of multiple properties may tion Service. service all such properties. 47. Residential Non Curbside Collection 52. Service Agreement:An agreement between Service Exemption: The collection of the County and a Contractor providing Residential Waste from Residential an exclusive franchise for the collection of Solid Waste in a Service District. Customers who occupy a Multi-Family Residence or single family residence and 53. Service District: The area served by a who are not exempted from the special Contractor pursuant to a Service Agree- assessment and do not receive Residential ment. Curbside Service due to temporary or permanent site conditions which prevent 54. Service Year: Twelve (12) consecutive ingress and/or egress of collection vehicles. months, beginning on October 1 and ending on September 30 of the following 48. Residential Real Property:Improved Real year. Property that is located in a Benefit Unit and used for residential purposes,includ- 55. Sludge:The accumulated solids,residues, ing, but not limited to: Dwelling Units; and precipitates generated as a result of single family residences; duplex apart- waste treatment or processing,including ments;apartment buildings;recreational wastewater treatment,water supply treat- vehicle lots; mobile homes lots; ment, or operation of an air pollution condominium units; cooperatives control facility, and mixed liquids and established pursuant to F.S. ch. 719; solids pumped from septic tanks, grease time-share apartments;leased residential traps, privies, or similar waste disposal premises of the classes described above, appurtenances. Supp. No. 85 CD118:11 Shur § 118-86 COLLIER COUNTY CODE 56. Solid Waste: Sludge unregulated under 62. Trust Fund: The Solid Waste Special the federal Clean Water Act or Clean Air Assessment Trust Fund established by Act,Sludge from a waste treatment works, Section 6 of this Ordinance (§ 118-91). water supply treatment plant, or air pollution control facility,or Garbage,Rub- 63. White Goods: Large discarded appli- bish, refuse, Special Waste, or other ances, including but not limited to, discarded material,including solid,liquid, refrigerators,ranges,washing machines, semi-solid, or contained gaseous mate- clothes dryers, water heaters, freezers rial resulting from domestic, industrial, and air conditioners or similar domestic commercial, mining, agricultural or and commercial large appliances. governmental operations. Solid Waste 64. Yard Trash'Biomass: Vegetative matter includes but is not limited to, Biological resulting from landscaping maintenance, Waste, Biomedical Waste, Bulk Waste, including, but not limited to, shrub and C&D Debris, Electronic Equipment, Garbage, Hazardous Waste, Land Clear- tree trimmings, grass clippings, palm ing Debris,Radioactive Waste,Recyclable fronds, branches and stump. However, Materials (until they are recycled), Rub- such items shall not be considered Yard bish, Special Waste, Tires, White Goods Trash/Biomass if they are collected by a and Yard Trash/Biomass. commercial landscape company or other Person that provides lawn and garden 57. Special Assessment: The non-ad valorem maintenance services for remuneration. assessment that is levied upon certain real property in unincorporated Collier 65. Yard Trash I Biomass Container: (a) A County and used to provide funding for metal or plastic container, with two the County's Solid Waste management handles, with or without wheels, with a program. capacity not to exceed forty-five(45)gal- lons, designed by the manufacturer for 58. Special Assessment Roll: The list that is the purpose of containing solid waste;(b) prepared pursuant to Section 10 (§ 118- A paper sack designed by the 95) of this Ordinance and identifies the manufacturer for the purpose of contain- properties in the Benefit Units that are ing yard trash/biomass. All Yard Trash/ subject to the Special Assessments. Biomass containers are subject to the 59. Special Events: Special Events are those approval of the Manager. events requiring a Temporary Use Permit, the issuance of which subjects the B. Pursuant to F.S. § 403.7031, the defini- applicant to enter into a contract with tions in this Section 1 (§ 118-86) are intended to the County's designated contractor for be consistent with the definitions contained in garbage collection and the submission of F.S. § 403.703. a recycling plan for the duration of the (Ord. No. 2005-54, § 1; Ord. No. 2015-38, § 1; event. Ord. No. 2019-36, § 1) 60. Special Waste: Solid Waste that can require special handling and manage- Sec. 118-87. Creation,purpose,and declara- ment,including,but not limited to,White tion of benefit. Goods, Tires, used oil, lead-acid batter- By Ordinance No. 90-30,the county established ies,C&D Debris,ash residue,Yard Trash/ two municipal service benefit units pursuant to Biomass, Biological Waste, Hazardous the authority granted in F.S. ch. 125. The benefit Waste, and Biomedical Waste. units are hereby re-established. The benefit 61. Tires:Discarded automotive tires,includ- units shall be known as Service District No. I, ing rims, but excluding tires that exceed and Service District No. II, respectively. Each 33 inches in diameter. benefit unit shall consist of a specific portion of Supp. No. 85 CD118:12 SOLID WASTE § 118-87 the unincorporated area of Collier County. The two benefit units are described more particularly as follows: MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. I Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier County line and the eastern shoreline of the Gulf of Mexico;thence easterly along said Lee-Collier County line to the northeast corner of Section 12,Township 48 South,Range 26 East;thence north along the east line of Range 26 East, Township 48 South to the northwest corner of Section 6, Township 48 South,Range 27 East, thence east along the north line of Sections 6, 5, 4, 3, 2 and 1 of Township 47 South, Range 27 East to the northwest corner of Section 1, Township 48 South, Range 27 East; thence Supp. No. 85 CD118:12.1 SOLID WASTE §118-87 north along the range line of Ranges 27 and 28 thence north along the Collier-Lee County line East to the northwest corner of Section 30, also the range line to the northwest corner of Township 47 South,Range 28 East,also known Township 46 South,Range 28 East;thence east as the center line of Immokalee Road(CR 846); along the Collier-Hendry County line also the thence east along the north section lines of township line for Townships 45 and 46 South to Sections 30, 29, 28, 27, 26 and 25 of Township the northeast corner of Township 46 South, 47 South, Range 28 East to the northeast Range 30 East;thence south along the Collier- corner of Section 25,Township 47 South,Range Hendry County line also the range line of 28 East; thence south along the range line for Ranges 30 and 31 East to the southeast corner Ranges 28 and 29 East to the northeast corner of Township 48 South, Range 30 East; thence of Township 49 South and Range 28 East; west along the township line for Townships 48 thence east along the township line for Town- and 49 South to the southwest corner of Town- ships 48 and 49 South to the northeast corner ship 48 South, Range 29 East; thence north of Township 49 South and Range 30 East; along range line for Ranges 28 and 29 East to thence south along the range line for Ranges 30 the southwest corner of Section 19, Township and 31 East to the northeast corner of Town- 47 South, Range 29 East; also being known as ship 52 South and Range 30 East; thence east the center line of Immokalee Road (CR 846); along the township line for Townships 51 and thence west along the south line of Sections 24, 52 South to the northeast corner of Township 23, 22, 21, 20 and 19 of Township 47 South, 52 South and Range 31 East; thence south Range 28 East to the southeast corner of Sec- along the range line for Ranges 31 and 32 East tion 24, Township 47 South, Range 27 East; to the northeast corner of Township 53 South thence south along the range line for Ranges 27 and Range 31 East; thence east along the and 28 East to the southeast corner of Town- township line of Townships 52 and 53 South to ship 47 South, Range 27 East; thence west the northeast corner of Township 53 South and along the township line for Townships 47 and Range 34 East,also being known as the Collier- 48 South to the southwest corner of Township Miami-Dade County line; thence south along 47 South and Range 27 East; thence north said county line to the southeast corner of along the range lines for Ranges 26 and 27 Section 36,Township 53 South,Range 34 East, East to the northwest corner of Township 47 also being known as the Collier-Monroe County South, Range 27 East, being the Point of Be- line; thence west along said county line to the ginning. eastern shoreline of the Gulf of Mexico;thence westerly and northerly along the waters of the These two benefit units were created by Ordi- Gulf of Mexico to the Lee-Collier County line nance 90-30 and are hereby re-established, being the north line of Section 6, Township 48 subject to the revised legal descriptions pro- South, Range 25 East and being the Point of vided above, for the purpose of(a) protecting Beginning. Less and except all the lands to the health, safety and welfare of the residents cated within the corporate limits of the City of of the county and (b) providing for the collet Naples.Also,less and except all coastal barrier tion,disposal and administration of solid waste islands, as defined by Section 161.54(2), Flor- through the levy of the special assessments ida Statutes,that are not accessible by bridges against residential real property. or causeways. The board finds that commercial real property MUNICIPAL SERVICE BENEFIT UNIT, SER- has varying needs for solid waste collection, VICE DISTRICT NO. II disposal and administration services and,there- fore, commercial real property shall not be Beginning at the northwest corner of Township made the subject of the special assessments. 47 South, Range 27 East, Collier County,Flor- However, in order to provide for the public ida; thence east along the Collier-Lee County health, safety and welfare within the benefit line also the township line to the northeast units, it is necessary to provide adequate solid corner of Township 47 South, Range 27 East; waste collection, disposal and administration Supp.No. 61 CD118:13 § 118-87 COLLIER COUNTY CODE services to commercial real property through person or corporation, for the furnishing the use of one or more contractors.Accordingly, of solid waste collection, disposal and ad- the board shall provide for such solid waste ministration services within the benefit services and shall annually regulate the rates, units or for any matter proper for the fees and charges assessed by the contractor(s) effectuation of the purposes of the benefit for the services provided to commercial real units. property. (4) To make and adopt resolutions,rules and The board hereby declares and determines regulations governing the collection, dis- that:(a)the solid waste collection,disposal and posal and administration of solid waste administration services provided pursuant to and recyclable materials within the ben- this article shall and do constitute a benefit to efit units for the purpose of providing the all properties within the benefit units equal to most economical means of solid waste or in excess of the cost of providing such solid collection, disposal and administration, waste services;(b)the residential real property and for the purpose of protecting the in the service districts receives a special benefit health,welfare and safety of the residents from the solid waste services that are provided of the benefit units. to the residential real property as a result of (5) To borrow and expend money and issue the special assessments; and (c) the special bonds and revenue certificates and other assessments are fairly and reasonably appor- obligations of indebtedness in such man tinned among the parcels of residential real ner and subject to such limitations as may property that receive the special benefit. (Ord. No. 2005-54, § 2) be provided by law. (6) To levy and collect the special assess- Lei Sec. 118-88. Governing body. ments within the benefit units. The board shall be the governing body of the (7) To determine rates and collect service benefit units created by this article. charges and fees within the benefit units. (Ord. No. 2005-54, § 3) (Ord. No. 2005-54, § 4) Sec. 118-89. Powers. Sec. 118-90. Budget adoption. The board shall have all of the powers granted The fiscal year of the benefit units shall corn- by general or special law for providing solid waste mence on October 1 of each year and end on collection, disposal and administration services, September 30 of the following year.Annually,the including, without limiting the generality of the board shall consider, amend and adopt a budget foregoing, the following: for each benefit unit as county budgets are con- sidered and adopted. (1) To sue and be sued and plead and be (Ord. No. 2005-54, § 5) impleaded, complain and defend in all courts in its own name. Sec. 118-91. Trust fund. (2) To acquire for the purposes of the benefit unit(s), by grant, purchase, gift, devise, There is hereby established a solid waste spe- exchange or in any other lawful manner, cial assessment trust fund,which will be divided all property, real or personal, or any es- into two financial accounts, one for each benefit tate or interest therein, upon such terms unit.All special assessments and service charges and conditions as the board shall deter- and fees collected pursuant to this article for solid mine, and to own all such property in its waste collection,disposal and administration ser- vices hereunder shall be deposited into the appli- own name. cable financial account. The funds in each finan- (3) To make contractual arrangements with cial account in the trust fund are funds of the any public, private or municipal firm, board and will be part of the board's annual L Supp.No.61 CD118:14 �.J SOLID WASTE § 118-95 budget. The funds on deposit in each financial The annual special assessment may be im- account shall be used for no purposes other than posed and collected as a non-ad valorem assess- solid waste collection, disposal and administra- ment pursuant to the procedure set forth in F.S. tion for each corresponding benefit unit and re- § 197.3632. lated costs incidental thereto, including, but not (Ord. No. 2005-54, § 8) limited to, enforcement costs. (Ord. No. 2005-54, § 6) Sec. 118-94. Annual rate resolution. On or before the first day of October, prior to Sec. 118-92. Prima facie evidence of accumu- each service year, or as soon thereafter as the lation of solid waste. assessment roll may be available or independent file or roll is completed and the amount of revenue necessary to fund the collection, disposal and The fact that any residential real property or administration of solid waste within the benefit commercial real property within a benefit unit is units has been determined,the board shall hold a capable of being occupied or has been issued a public hearing to adopt a rate resolution in accor- certificate of occupancy by the county shall be dance with the provisions of this article and prima facie evidence that solid waste is being Collier County Ordinance No. 84-31, incorporat- generated or accumulated upon such residential ing a schedule of the annual special assessments real property or commercial real property. to be imposed upon the owners of all residential (Ord. No. 2005-54, § 7) real property in the benefit units.The annual rate resolution shall also establish rates, fees and charges for the services provided by the contrac- Sec. 118-93. Annual solid waste collection, tor(s) to commercial customers, as well as rates, khowe disposal and administration spe- fees and charges for disposal of solid waste at cial assessment. county facilities. The schedule for the special assessments shall provide sufficient revenues to There is hereby imposed on all residential real fund the collection, disposal and administration property within the benefit units an annual spe of solid waste within the benefit units. cial assessment for the collection, disposal and If the board elects to use the non-ad valorem administration of solid waste. The amount of the method of collecting the special assessments as special assessment for solid waste collection, dis- part of the ad valorem tax bills,the procedures set posal and administration shall be the rate estab- forth in F.S. § 197.3632, shall be followed for the lished in compliance with the procedure provided adoption of rates, fees and charges. herein. Subsequent to the certification of the (Ord. No. 2005-54, § 9) assessment roll,pursuant to Chapter 197,Florida Statutes, by the property appraiser, the clerk, or Sec. 118-95. Certification of rate resolution. the designee of the board, the board and the tax collector or other board designee shall obtain a Upon adoption by the board of the rate resolu- copy of the certified assessment roll from the tion provided for in section 118-94 of this article property appraiser or the clerk for all taxable and County Ordinance No. 84-31, the clerk shall properties in Collier County, as reflected in the forthwith deliver a certified copy of the rate records of the property appraiser. Thereafter,the resolution to the tax collector or other board board shall cause to be prepared an independent designee who will be responsible for collecting the file or roll which identifies those properties in the special assessment. Based upon the rate resolu- benefit units that are subject to the special assess- tion, the tax collector or other board designee ment. The independent file or roll shall contain shall cause to be prepared an annual special sufficient detail to permit ready identification of assessment roll.The special assessment roll shall such residential real property,consistent with the contain a description of those properties which data contained on the assessment roll. are subject to the special assessment, the name Supp.No.61 CD118:15 § 118-95 COLLIER COUNTY CODE and address of the owner of each parcel of resi- (2) Pursuant to the authority of Chapter 173, dential real property, and the amount of the Florida Statues, in accordance with the special assessment applicable to each parcel of following procedures: residential real property. The description of each The name of the owner and a description parcel of residential real property shall be in of each parcel of residential real property sufficient detail as to permit ready identification shall be that designated on the assess- of each parcel of residential real property on the ment roll maintained by the Property assessment roll. Appraiser of Collier County even though (Ord. No. 2005-54, § 10) the property appraiser's assessment roll may not be current with regards to own- Sec. 118-96. Solid waste collection, disposal ership, and from the certificates of occu- and administration service pancy issued by the county for those par- charge prior to initiation of an- cels of residential real property that are nual special assessment. not described on the assessment roll. Except when the non-ad valorem method A Solid Waste collection,disposal and adminis- of collection is used pursuant to F.S. tration service charge shall be imposed against § 197.3632, the special assessment shall each owner of Residential Real Property at the be due by October 1 of the service year time a Certificate of Occupancy is issued by the and shall be payable by a full lump sum County. Until an annual Special Assessment is payment within 30 days of an original or levied against such Residential Real Property in corrective billing for such service year for accordance with the procedures delineated herein, which payment is required. the amount of the service charge shall be a t prorated share of the annual Special Assessment. All delinquent special assessments billed �/ The charge shall be paid at the time of issuance of and collected by the tax collector or other a Certificate of Occupancy, and transferred into board designee shall bear interest at the the Trust Fund. Residential Real Property that is rate of 12 percent per annum.All special evidenced as no longer habitable by means of a assessments imposed upon the owners of completed demolition permit and/or a physical residential real property under the provi- onsite inspection by a duly authorized represen- tative of the county shall be exempted from the payable on or after November 1, 1990 for annual Special Assessment. the 1991 service year or October 1 for all (Ord. No. 2005-54, § 11; Ord. No. 2015-38, § 2) service years thereafter or 30 days after an original or corrective billing for such service year was mailed to the owner of Sec. 118-97. Scope of special assessment;de- any residential real property that was not linquency; and liens. billed prior to commencement of such ser- vice year shall constitute and are hereby The special assessment shall be imposed against imposed as liens against such residential the owners of all residential real property in the real property as of the date the special benefit units. Delinquencies in special assess- assessment becomes delinquent.Said spe- ment payments, liens, and collections thereof cial assessments shall remain liens equal shall be administered and enforced in accordance in rank and dignity with the lien of the with one of the following procedures: county for ad valorem taxes and superior (1) In accordance with Chapter 197, Florida in rank and dignity to all other liens, Statutes,and particularly F.S.§ 197.3632, encumbrances,titles and claims in and to providing for the imposition and collet- or against the residential real property tion of the special assessments as a non-ad involved. valorem assessment on the property tax If any special assessment lien becomes bills; or, in the alternative, delinquent,the board, upon receipt of the Supp.No.61 CD118:16 SOLID WASTE § 118-97 list of outstanding and delinquent special (4) The owners of record of the residential assessments from the tax collector or other real property identified in Collier County board designee under the provisions of Resolution No. 93-357 never received the section 118-98 of this article, shall, by 1991 special assessment bill or a re- resolution, record a notice of delinquent minder or a demand letter therefore, and liens containing the amount of the delin- said residential real property had a lien quent special assessment including all imposed thereon pursuant to County Res- interest provided herein, a legal descrip- olution No. 93-29, which was adopted by tion of the residential real property against the board on January 26, 1993. Notwith- which the lien is imposed and the name of standing any provision in this article to the owner of such residential real prop- the contrary, the owners of such property erty as indicated on the assessment roll shall be afforded the following remedy maintained by the Property Appraiser of and procedure: Collier County, even though the property a. All interest accrued for each such appraiser's assessment roll may not be parcel of residential real property current with regard to ownership. The from the due date of payment of such notice of delinquent lien shall be recorded 1991 special assessment through Sep- in the Public Records of Collier County, tember 1, 1993 shall be accounted Florida, by the board. Further, notice of for and paid from the appropriate the imposition of the lien on residential county fund, thereby reducing the real property pursuant to the board's res- outstanding(delinquent)interest due olution shall be mailed by the clerk or the on such residential real property ac- board's designee to each owner of such counts to zero as of September 1, residential real property at the owner's 1993. The department is authorized last known address. The notice shall con- and shall effectuate a refund of in tain the same information required in the terest paid to those owners of those resolution described herein imposing the parcels of residential real property lien.Upon payment by or on behalf of the referenced in County Resolution 93- owner and receipt of the list for paid or 357 who have paid the then outstand discharged lien or liens from the clerk or ing principal (special assessment the board's designee,the board shall adopt amount) and interest subsequent to a resolution indicating satisfaction of the the lien being imposed pursuant to lien or liens, which shall be recorded in County Resolution No. 93-29 and the Public Records of Collier County,Flor- prior to September 1, 1993. ida, by the board. Further, a notice of b. On or before September 1, 1993, the satisfaction of the lien or liens pursuant department sent by regular U.S.mail to the board's resolution shall be mailed corrective invoices to the owners of by the clerk or the board's designee to record for those parcels of residen- each owner of such residential real prop- tial real property identified in Reso- erty at the owner's last known address. lution No.93-357, such invoices pro- The notice shall contain the same infor- viding billing for payment of the mation required in the resolution de- 1991 service year special assess- scribed herein satisfying the lien; or, in ment without interest, if paid on or the alternative. before September 20, 1993. If pay- ment was not made for such residen- (3) In accordance with the provisions of any tial real property by September 30, other law applicable to the administra- 1993, then interest on such unpaid tion and enforcement of delinquent spe- invoice shall accrue at the rate of 12 cial assessment payments, or liens and percent per annum commencing Oc- the collection thereof. tober 1, 1993. Supp.No.61 CD118:17 I § 118-97 COLLIER COUNTY CODE c. Full payment of the 1991 service Sec. 118-100. Failure to include residential year special assessment, as stated real property on annual solid on the corrective invoice referenced waste collection, disposal and in subparagraph a. above, prior to administration special assess- October 1, 1993, shall result in the ment roll. residential real property account be- ing considered paid in full, and a If it appears that the special assessment might resolution indicating satisfaction of have been imposed under this article against any the lien created by County Resolu- real property,but such residential real tion No. 93-29 shall be adopted by property was omitted from the appropriate spe- the board and recorded in the Public cial assessment roll,the board may,by resolution, Records of Collier County, Florida. impose the applicable special assessment for the (Ord. No. 2005-54, § 12) service year in which the error is discovered,plus the applicable special assessment for the prior two service years, if the residential real property Sec. 118-98. Payments. was subject to the special assessment for each of the prior two service years. The total special assessment shall become delinquent if not fully Billing, receiving and accounting for the pay- paid upon the expiration of 60 days from the ment of the special assessment shall be the re- effective date of the board's resolution, and upon sponsibility of (a) the Tax Collector of Collier becoming delinquent shall be subject to an inter- County pursuant to the provisions of Chapter est rate of 12 percent per annum. Further, the 197, Florida Statutes, and the agreement be- total amount of the delinquent special assessment tween the board, the tax collector and the prop- shall constitute, and is hereby imposed, as a lien erty appraiser, and other applicable provisions of against such residential real property, and shall law, or (b)the board's other designee(s). be treated the same as other special assessments. (Ord. No. 2005-54, § 13) (Ord. No. 2005-54, § 15) Sec. 118-101. Enforcement of delinquent an- Sec. 118-99. Correction of errors and omis- nual garbage and solid waste lions. collection,disposal and admin- istration special assessments. No act or error of omission or commission on All delinquent special assessment liens may be the part of the property appraiser, tax collector, enforced at any time by the board subsequent to board, clerk, or their deputies or employees, or the date the special assessment or service charge other board designee(s)shall operate to defeat the becomes delinquent,except as otherwise provided duty to pay the special assessment imposed by the board under the provisions of this article. herein, in the amount due under the liens or any recorded liens, including all interest, plus costs and a reasonable attorney's fee, by proceeding in For the 1991 service year and all service years the appropriate court to foreclose such liens in the thereafter, the manager shall be and is hereby manner in which a mortgage lien is foreclosed authorized to confirm and correct invoice/billing under Florida law or, in the alternative, foreclo- errors and omissions caused on the part of the sure proceedings may be instituted and prose- county materially affecting residential real prop- cuted under the provisions of Chapter 173, Flor- erty special assessment payment requirements as ida Statutes, or the collection of payment thereof otherwise provided in this article, by accounting may be accomplished by any other method autho- for and paying from the appropriate county fund rized by law. It shall be lawful to join in any the interest erroneously applied to the residential complaint for foreclosure or any such legal pro- real property affected by the error or omission. ceedings, any lots or parcels of land that are the (Ord. No. 2005-54, § 14) subject of a lien or liens. LI Supp.No.61 CD118:18 SOLID WASTE § 118-104 The clerk or the board's designee is authorized remove or otherwise sell or dispose of such and directed to execute and deliver,upon request, materials, without the prior written approval of a written certification certifying the amount due the Manager. for delinquent assessments or unrecorded liens B. It shall be a violation of this Ordinance for for any parcel of residential real property. In the anyone than authzeof Collier alternative, the clerk or the board's designee County orher the authorized)solidgents waste contrac- shall certify that no such special assessments tor(s)as identified in this Ordinance to place any are due,except current and non-delinquent special type of solicitation material including but not assessments. The certificates shall be binding limited to, advertisements, stickers, pamphlets, upon the county. business cards,mail,newspapers,banners,notices (Ord. No. 2005-54, § 16) or signs of any kind on any Garbage or Recycling Roll Cart or Recycling Bin. Sec. 118-102. Mandatory solid waste collec- tion. C. It shall be a violation of this Ordinance for anyone other than authorized agents of Collier Unless exempt from the provisions of this County, or the authorized solid waste contrac- article or burned under a valid permit, all solid tor(s) as identified in this Ordinance to remove, waste generated and accumulated by a person on repair, or replace Garbage or Recycling Roll residential real property or commercial real Carts or Recycling Bins. property within a benefit unit shall be collected, (Ord. No. 2005-54, § 18; Ord. No. 2015-38, § 3) conveyed,and transported to an approved county facility by the designated contractor. Each person Sec. 118-104. Responsibilities of contrac- that owns or occupies residential real property tor and customer for solid or commercial real property in the service district waste collection. shall be serviced by the contractor, except as The Contractor shall collect Solid Waste from provided in section 118-106 of this article. Residential Real Property and Commercial Real The owner(s)of commercial real property shall Property,and Customers shall set out their Solid Waste for collection by the Contractor,as follows: provide a copy of their service contract with a contractor,or an exemption permit issued pursu- A. All collection services provided by the ant to the provisions of section 118-106 of this Contractor under the terms of this article,for such property to obtain a certificate of Ordinance shall be performed in a profes- occupancy from the county community develop- sional manner in compliance with the ment and environmental service department for Service Agreement, as amended, which such property. is hereby incorporated into this ordinance and subject to the penalties provided Inadvertent or mistaken issuance of a certificate herein,and all applicable local,state and of occupancy shall not relieve any person from federal laws. If there is any conflict compliance with these provisions. between the Service Agreement and this (Ord. No. 2005-54, § 17) Ordinance, this Ordinance shall take precedence. Any litter or spillage caused Sec. 118-103. Ownership of solid waste and by the Contractor shall be removed program recyclables. immediately by the Contractor. B. Collection service shall be provided by A. From the time that Solid Waste and the Contractor on Monday through Program Recyclables are placed at the Curbside Saturday, except Holidays. The Contrac- or other authorized location for collection by the tor shall not be required to provide col- County or the Contractor, such materials shall lection service on Holidays or during a be the sole property of the County. No Person local emergency,as declared by the Board. shall have the right to take, keep, process, alter, Should a Holiday occur on the date Supp. No. 85 CD118:19 § 118-104 COLLIER COUNTY CODE designated as a Customer's collection shall be secured from bear intrusion day,the next collection for that Customer until the container and or bags are shall take place no later than the next permitted to be placed curbside for regular collection day for the Customer. collection. Residential Customers In the event of a Federal or State Disaster shall have the option of using a Declaration or Declared State of County-approved, Curbside Bear- Emergency, collection services outlined Resistant Solid Waste Container, if in this Ordinance may be revoked, available. Customers that choose to suspended or altered. utilize a Curbside Bear-Resistant C. Residential Real Property: Solid Waste Container may be responsible for additional costs 1. Except as otherwise provided herein associated therewith,including,but or in the Service Agreement, the not limited to, the cost to purchase Contractor shall collect,remove and the Curbside Bear-Resistant dispose of the Solid Waste set out Container and any additional service for collection by residential Custom- fee if imposed by the Contractor. ers. At a minimum,Residential Real Property in the Benefit Units shall 3. Curbside Containers and Yard Trash/ be provided collection service at BioMass Containers are subject to Curbside for the following materi- the Manager's approval and shall: als, subject to the provisions of the (a) be constructed so as to prevent Service Agreement:(a)Garbage and intrusion by water; and (b) have a Rubbish; (b) Yard Trash/Biomass; cover that is free from sharp edges; (c) Program Recyclables; (d) Bulk and (c) not have inside structures Waste;(e)White Goods;(f)Tires;(g) that prevent the free discharge of Batteries;and(h)Electronic Equip- the container's contents. Curbside ment. Hazardous Waste shall not Containers, except Roll Carts, shall be placed in roll carts or curbside not exceed forty-five (45) gallons in containers for collection by the capacity and fifty (50) pounds in contractor. Hazardous Waste should weight when filled. The amount of be taken to a county Recycling Drop- discarded waste placed in a Garbage Off Center or the Hazardous Materi- Roll Cart or Recycling Roll Cart als Collection Center for disposal, shall not exceed the weight limit as this includes pharmaceutical and specified on the Roll Cart. medicinal waste and hypodermic 4. Program Recyclables shall be set devices(SHARPS)suitably contained out for collection in a Recycling Roll in a heavy plastic container. Cart. Program Recyclables may be 2. Except as otherwise provided herein, set out in a Recycling Bin in areas residential Customers shall use approved by the Manager for such Garbage Roll Carts for the collec- service. Cardboard placed in a tion of Garbage and Rubbish. Recycling Roll Cart or Recycling Residential Customers may use Bin shall be flattened and, if neces- heavy-duty plastic bags for excess sary, cut to a size to fit into the Garbage or Rubbish. Yard Trash/ Recycling Roll Cart without binding Biomass containers may be used for or preventing the release of the the collection of garbage and rub- recycling during collection. bish in areas that are approved for Cardboard may also be stacked and such service by the Manager. All placed outside the Recycling Cart or Solid Waste containers and or plastic Recycling Bin, any cardboard so bags containing household garbage stacked must be cut to a maximum Supp. No. 85 CD118:20 SOLID WASTE § 118-104 size of 3 ft. x 3 ft. Residential 7. A residential Customer shall not set Customers may use heavy-duty clear out for collection more than four(4) plastic bags for excess recyclables. Tires with or without rims less than Recyclable materials placed in the 33 inches in diameter and two (2) recycle containers and stored outside lead acid batteries per month. and/or placed at a designated collec- tion location shall be sufficiently 8. A residential Customer shall contact free from residue of food and other the Manager at least forty-eight materials so that they are not an (48) hours before the Customer's attractant to bears. regularly scheduled collection day if the Customer wishes to receive Curb- 5. Discarded materials from small side collection of White Goods, household repairs, renovations or Electronic Equipment,Tires,or lead projects may be placed in a Garbage acid batteries. Roll Cart. No other Commercial and Demolition (C&D) Debris shall be 9. Garbage and similar putrescible placed at the Curbside. C&D gener- waste shall not be collected, stored, ated by the property owner or tenant or set out in an open, uncovered that cannot be contained within a Collection Container. Roll Cart shall be transported by 10. Solid Waste and Yard Trash/Biomass the property owner or tenant to an shall not be placed in the same approved county facility for disposal. Curbside Container. C&D Debris generated on Residential Real Property by a 11. Yard Trash/Biomass shall not be licensed builder or contractor shall placed in Garbage Roll Carts, be removed by the builder or contrac- Recycling Roll Carts, or Recycling tor. Bins. Yard Trash/Biomass placed in 6. Garbage Roll Carts, Curbside Yard Trash/Biomass Containers shall Containers, Recycling Roll Carts, not exceed fifty (50) pounds in Recycling Bins,Yard Trash/Biomass weight, four (4) feet in length, or Containers,Curbside Bear-Resistant four (4) inches in diameter. Yard Solid Waste Containers and any Trash/Biomass shall not be set out non-containerized waste appropri for collection in plastic bags. A ate for Curbside collection shall be combination of no more than ten placed Curbside prior to 6:00 a.m. (10)bundles,paper bags or personal on the scheduled collection day. containers will be collected at one However, these containers and time. materials shall be placed at Curb- 12. Yard Trash/Biomass that is not side no earlier than 6:00 p.m. the placed in a Yard Trash/Biomass day prior to the Customer's next Container shall be bundled and regularly scheduled collection day. securely tied with twine or other Such containers and materials shall material strong enough to support be placed at least three(3)feet from the weight of the bundle. Non- mailboxes or other obstacles. The containerized Yard Trash/Biomass Customer shall remove from the shall not exceed fifty(50)pounds in Curbside all Curbside Containers, weight, four (4) feet in length, or Garbage Roll Carts, Recycling Roll four (4) inches in diameter. The Carts,Curbside Bear-Resistant Solid foregoing restrictions also shall apply Waste Containers and Recycling Bins to other types of non-containerized by 6:00 a.m. on the day after the Solid Waste, except Bulk Waste and scheduled service is completed. Extraordinary Waste. Supp. No. 85 CD118:21 § 118-104 COLLIER COUNTY CODE 13. Customers shall not overfill Garbage Agreement. The County shall not Roll Carts, Recycling Roll Carts, be responsible for the administra- Curbside Bear-Resistant Solid Waste tion of or payment for any such Containers or Commercial Contain- arrangements. ers such that lids cannot be fully closed. Overfilled roll carts and D. Ingress and Egress to Residential Real containers are a potential hazard Property: when lifted by the automatic arm of 1. Subject to the conditions contained the collection vehicles in addition to herein, ingress and egress to being an attractant to wildlife. Residential Real Property on private Overfilled Commercial Containers roads must be provided by the can be assessed a fine if found in affected property owners for the violation. Contractor. Ingress and egress 14. The Contractor shall provide for the includes, but is not limited to, collection of Bulk Waste, White maintaining suitable conditions and Goods, and Electronic Equipment, widths on the roads, providing subject to the provisions of this adequate room for vehicles to turn Ordinance and the Service Agree- around, and managing overhanging ment. Such materials shall be placed tree limbs. If part or all of a private at Curbside and shall not include road is inaccessible by the Contrac vehicles, vehicle component parts, tor, the County shall investigate boats or boat trailers or their and provide suggestions to the component parts, or liquid waste. appropriate Home Owner's Associa- Further, Bulk Waste shall be disas- tion (HOA) or property owners if Lsembled,if possible,into sections or there is no HOA. If the HOA or pieces of less than fifty (50) pounds affected property owners do not agree in weight and four(4)feet in length, to provide access for the Contractor, prior to pick up by the Contractor. the Customers Curbside Contain- Prior to placement at the Curbside, ers shall be placed on the closest doors on White Goods shall be taken public right-of-way that is acces- off the discarded units, or securely sible to the authorized Contractor, locked from the outside to prevent at a location designated by the the entrapment of children. Manager that will not obstruct motor vehicle traffic, pedestrian passage, 15. Garbage Roll Carts, Recycling Roll or stormwater drainage. Carts,Curbside Bear Resistant Solid 2. Owners of single-family residences Waste Containers,or Recycling Bins not exempt from the Special Assess- unserviceable due to loss or customer ment and receiving Residential Curb- negligence,will be replaced,and the side Service,whose property is made customer shall pay the contractor's incapable of receiving residential invoice price plus a delivery fee. curbside collection as described in The invoice price is subject to change Section 19 (§ 118-104) of this at the Manager's approval. The Ordinance due to site conditions delivery fee is set forth in the Solid which prevent ingress and egress of Waste Rate Resolution,as amended. collection vehicles and/or curbside 16. Owners of Residential Real Property placement of items for collection may negotiate separate arrange- may apply for a permit to receive ments directly with the Contractor Residential Non-Curbside service in for services additional to those the form of commercial container established herein and in the Service service, provided that the following Supp. No. 85 CD118:22 SOLID WASTE § 118-104 criteria are met, and approved by County's approved rates for the col- the Manager: (1) Property owners lection of those types of Solid Waste must make every reasonable effort that are subject to the Contractor's to provide ingress and/or egress to exclusive franchise. At a minimum collection vehicles before making all Commercial Real Property that application,(2)Placement of Garbage generates Garbage and Rubbish shall Roll Carts, Recycling Roll Carts, contract for an appropriate size Yard Trash/Biomass and bulk waste container for garbage storage and at the nearest County right-of-way collection. Unoccupied and unused must be impossible or impractical Commercial Real Property shall not due to public health, safety,welfare be required to contract for solid concerns, (3) The property owners waste collection service subject to must provide an area for com- inspection and verification of vacancy mercial container placement that by authorized County Code Enforce- complies with the Collier County ment Official. Tenants of owners of Land Development Code for corn- Commercial Real Property,who run mercial container enclosures and a commercial business may enter screening as amended, and (4) into a contract with a Contractor Should the site conditions that with the approval of the property prevent ingress and egress of collec- owner.A copy of the current contract tion vehicles and/or curbside place- with the Contractor shall be avail- ment of items for collection be able for inspection at the property temporary, a plan for rectifying the being serviced. Any violations of condition along with timetables must this ordinance or other county be submitted with the application. ordinances by the tenant shall 3. Residential Customers who occupy subject the property owner to the a Multi-Family Residence or single penalties hereinafter provided. family residence and who are not 3. The minimum collection frequency exempted from the special assess- for Commercial Real Property shall ment and do not receive Residential be one time per week, with collec- Curbside Service due to temporary tion not more than seven(7)calendar or permanent site conditions that days apart,except for Holidays. The prevent ingress and/or egress of col- minimum collection frequency for lection vehicles, may make applica- restaurants,grocery stores and other tion to have Residential Non- facilities that generate significant Curbside Service, or Self Haul quantities of Garbage and other Exemption permit, subject to the types of putrescible waste shall be Manager's approval. twice per week. Organizers of Special E. Commercial Real Property: Events shall,in accordance with the 1. Except as authorized by F.S. event permit, ensure that sufficient § 403.7046, the provisions of this containers and collection frequency Ordinance do not apply to the col- are contracted to maintain Garbage lection of Recovered Materials that or Recyclables containment until are generated on Commercial Real final disposal can be accomplished. Property. 4. Collection service for Commercial 2. Except as otherwise provided herein, Real Property shall be provided with owners of Commercial Real Property a Commercial Container; however, shall enter into a contract with a a commercial Customer that gener- Contractor and shall pay the ates one (1) cubic yard or less per Supp. No. 85 CD118:23 § 118-104 COLLIER COUNTY CODE week of Solid Waste may use up to reported immediately to the company two (2) Garbage Roll Carts. Where responsible for the maintenance of access or space restrictions prevent the container and repairs be done a two(2)cubic yard or greater Com- within forty-eight (48) hours after mercial Container from being the damage is reported. provided,the Manager may approve F. Multi Family Collection Service: a variance for additional Roll Carts to be used at the relevant Corn- 1. Customers occupying Multi-Family mercial Container rate. Residences shall receive residential curbside collection service or 5. Commercial Waste. Residential residential non-curbside collection Waste,and Yard Trash/Biomass shall service. A Customer occupying a not be placed in the same collection Multi-Family Residence shall receive container. Commercial Containers residential curbside collection service shall be placed on a paved or concrete if the Customer pays the County's level surface.All approaches to Corn- Special Assessment or receives the mercial Containers shall be capable Manager's approval for such service. of supporting the weight of the Col- All other Customers occupying Multi- lection vehicle. All Collection Family Residences shall receive Containers shall be placed in loca- residential non-curbside collection tions that allow easy access and service. convenient use by Customers, and are readily accessible to the 2. A Customer occupying a Multi- Contractor's vehicles. In the event Family Residence and receiving the Customer and Contractor cannot residential collection curbside service agree upon an appropriate location shall receive the same level of service, for a Collection Container, the and shall be subject to the same Manager shall mediate the dispute rates and requirements, and set out and designate the point of Collec- times as any other Customer receiv- tion. ing residential curbside collection service. 6. Where Commercial Real Property utilizes a contractor compactor or a 3. A Customer occupying a Multi third party compactor and any such Family Residence and receiving compactor breaks down,alternative residential non-curbside collection County approved Commercial service shall receive the same level Container(s) must be provided or of service, and shall be subject to contracted and serviced at appropri- the same rates and requirements, ate frequencies until the compactor as any other Customer receiving is repaired and returned to service. commercial collection service. 7. Commercial Real Property custom- 4. The Contractors exclusive franchise ers that produce any food waste and for the collection of Residential utilize a Non-bear-resistant Solid Program Recyclables includes the Waste Container shall secure collection of program Recyclables containers at all times except when generated by those customers that loading or unloading the container. occupy Multi-Family Residences, The area around the container must even if the customers receive Non- be kept clean of refuse and debris at curbside Collection Service. all times. If the container is dam- 5. Solid Waste Collection Enclosures - aged in a way that allows intrusion Accessory Structures: All newly from bears, the damage must be constructed buildings for commercial, Supp. No. 85 CD118:24 '.—' SOLID WASTE § 118-104 industrial or Multi-Family use shall immediately place a Non-Collection provide sufficient commercial Notice explaining why the material containers in proper enclosures, as was not collected. approved by the Manager, to 3. In the event a Commercial Container adequately contain all solid waste is overfilled and cannot be safely generated on the premises between dumped, the Contractor shall collections. Any commercial, immediately place a Non-Collection industrial or Multi-Family user who Notice on the Commercial Container, is now using an approved solid waste notify the Customer,and reschedule container other than a commercial service. container shall be permitted to continue that use until such time as 4. The Contractor shall refuse to col- significant modifications or altera lect Solid Waste from a Customer if tions are made to the building or the Contractor believes that the Solid the use thereof. At that time, the Waste contains Hazardous,Radioac- Financial Operations Division shall tive,Biological or Biomedical Waste. determine if commercial containers If the Contractor believes a Customer are required. All commercial, is depositing such waste for collec- industrial or Multi-Family users tion, the Contractor shall place a shall provide an approved corn- Non-Collection Notice on the mercial container or other solid waste container, take photographs of the container as preapproved by the improper waste (if possible), and County. immediately notify the Manager. If the generator of such waste is G. Non-Collection Procedures: unknown,the Contractor shall work with the Manager to identify the 1. The Contractor is not required to generator of such waste. collect Solid Waste, Program Recyclables, or other materials 5. The Manager may determine that unless such materials have been set solid waste that is non conforming, out for collection by a Customer in improperly prepared or improperly accordance with the provisions of set out,may constitute a significant this Ordinance and the Service risk to the public health, safety and Agreement. If such materials are welfare and may remove the items not collected, the Contractor shall or cause the items to be removed by immediately place a Non-Collection a Contractor and may pass the cost Notice on the container or Non- of removal along to the property Conforming Material. If the Contrac- owner. tor does not place a Non-Collection H. Special Events: Notice on the container or Non- Conforming Material, the Manager 1. All Special Events in Collier County may require the Contractor to return that: (1) occur outside; and (2) promptly and collect the materials. produce any food waste, must be kept free from the accumulation of 2. The Contractor may leave Non- solid waste. Special events custom- Conforming Material,Non-Program ers that produce any food waste and Recyclables, and excessively utilize a non-bear-resistant Solid contaminated recyclables in the Waste Containers shall secured Customer's Recycling Cart or containers at all times except when Recycling Bin. If the Contractor loading or unloading the container. does, the Contractor shall The County Manager,or his designee, — Supp. No. 85 CD118:25 § 118-104 COLLIER COUNTY CODE shall be allowed to inspect the D. The Contractor is authorized to charge Special Event at no charge, for the interest on delinquent accounts with commercial purpose of assisting with and verify- Customers,based on the highest rate authorized ing the disposal of solid waste. by law, and to charge a fee for resumption of (Ord. No. 2005-54, § 19; Ord. No. 2015-38, § 4; service. Ord. No. 2019-36, § 2) (Ord. No. 2005-54, § 20; Ord. No. 2015-38, § 5) Sec. 118-105. Termination of service by Sec. 118-106. Self hauler exemption permits contractor. for commercial and residential A. Residential Real Property: The Contractor property; procedure for may not terminate service to any Residential obtaining and revoking Real Property that is subject to and not exempted exemption permits. from the Special Assessment. A. Commercial Real Property or Residential B. Commercial Real Property:The Contractor Real Property: Any owner or occupier of Com- B. terminate collection service when a com mercial Real Property or Residential Real Property mercial Customer fails to pay for service and the desiring to remove Solid Waste generated on its following procedure has been followed: own premises may make application to the Manager for a Self Hauler Exemption Permit to 1. When a commercial Customer's payment remove and convey the Solid Waste to designated is thirty(30) days past due, the Contrac- County facilities. Such application shall be on a tor may mail to such Commercial form as prescribed by the Manager. Applications Customer a notice of intent to terminate shall be accompanied by a filing fee in an amount service in ten (10) days. determined by resolution of the Board. The 2. If the commercial Customer desires to application shall, in addition to other items �-- dispute the bill,the Customer shall notify which may be specified by the Manager, contain the Manager in writing within the ten at least the following information: (10) day period. Upon receipt of the 1. Name of applicant. Customer's notice, the Manager shall resolve the dispute. 2. Telephone number of applicant. 3. If the balance remains unpaid after the 3. Facsimile number of applicant. ten(10)day period provided above,or ten 4. Description of activity generating the (10) days following issuance of a written Solid Waste. finding by the Manager, the Contractor may discontinue collection service to the 5. Description of the type of Solid Waste Customer. The Contractor shall notify generated and address of premises where the Manager within one (1) day after such Solid Waste is generated. service is terminated. 6. The proposed County landfill site where 4. Upon being notified, the County shall the Solid Waste will be disposed. take whatever action it deems appropri 7. The vehicle(s) and personnel that will be ate to enforce compliance with the provi- sions of the County's Ordinances, utilized to transport such Solid Waste. including,but not limited to issuance of a 8. Address where vehicle(s) is parked and citation. can be inspected. C. In the event service is suspended or 9. A copy of the registration of the vehicle(s). terminated,the Contractor is authorized to remove 10. Proof of insurance for the vehicle(s). from the Customer's premises any Commercial Containers or other equipment belonging to the 11. Information sufficient to establish that Contractor. the equipment to be used is constructed Supp. No. 85 CD118:26 SOLID WASTE § 118-106 or equipped in a manner such that no and a hearing. An appeal from any decision of leakage,spillage or loss of any fraction of the Manager denying or revoking an Exemp- the load can occur. tion Permit may be taken to the Board. An 12. A copy of the applicant's commercial appeal shall be initiated by filing with the occupational license,or the Condominium Manager a petition stating the grounds for Association or Homeowner Association such appeal. The petition must be filed with articles of incorporation. the Manager within ten (10) days after the County mails notice of the permit denial or Upon determining that the activity for which revocation by the Manager. the Exemption Permit is sought complies with the terms of the Ordinance,the Service Agree- B. Residential Real Property: Exemption ment, and all County, State and Federal laws Permits for Residential Real Property may be and regulations, the Manager may grant an issued upon the following basis and criteria: Exemption Permit. The Exemption Permit 1. The Residential Real Property for which shall contain a certificate to be signed by the exemption from the Special Assessment applicant, certifying that the applicant will is sought must: comply with the provisions of this Ordinance. a. be essentially surrounded by Com- The Exemption Permit shall specify the County mercial Real Property; and facility(ies) to which the Solid Waste shall be conveyed and shall include any other condi- b. provide written confirmation that tions the Manager deems appropriate. All its Solid Waste shall be collected Solid Waste being transported pursuant to an and disposed of by the owners of the Exemption Permit must be transported in a adjacent Commercial Real Property; covered or enclosed vehicle or must be securely and or covered by a tarpaulin or other device that c. be part of a condominium owners'or prevents the material from falling,blowing or homeowners' association of record otherwise escaping the vehicle. Vehicles used whose residential units are receiv- to transport Solid Waste pursuant to this ing non-curbside collection service Section 21 (§ 118-106) shall have properly with a Commercial Container, and functioning safety equipment, including, but be incapable of receiving the curb- not limited to, head lights, tail lights, hazard side collection service described in lights, windshields, windshield wipers, mir Section 19 (§ 118-104) of this rors and horns. The Person receiving the Ordinance due to site conditions Exemption Permit shall timely pay any which prevent ingress and egress of amounts due and owing for the use of the collection vehicles and/or curbside County facility(ies) at which the Solid Waste placement of items for collection is disposed. Failure to make timely payments and/or placement of Commercial to the County for disposal services may result Containers and commercial container in the revocation of the Exemption Permit. enclosures as required by the Land The Exemption Permit shall be effective for a Development Code as amended. period of six (6) months from the granting 2. The Contractor providing service in the thereof and may be renewed by filing an affected Solid Waste District shall affirm updated application and following the in writing to the Manager that it is procedures for the granting of the original impractical or economically inefficient Exemption Permit. for the Contractor to provide residential Upon receipt of notice of a violation of the curbside collection service or residential terms of any Exemption Permit,including the non-curbside service to the Residential application therefore,the Manager may revoke Real Property for which exemption is such Exemption Permit,after providing notice sought. Supp. No. 85 CD118:26.1 § 118-106 COLLIER COUNTY CODE 3. Application for Exemption Permit shall the property tax bill, a deferment of the annual be made in writing by the Residential payment obligation of the special assessment Real Property owner, or on behalf of the may be obtained by the owner of residential real Residential Real Property owners of such property that qualifies upon the basis of financial condominium owners' or homeowners' hardship as defined herein and according to the association by such condominium owners' procedures provided hereunder. or homeowners' association, and shall be submitted to the Manager. Multi-Family A deferment of the payment obligation applications must include an affidavit otherwise required under this article may be stating that there has been a majority granted upon the written request of a residential vote of the membership of the association real property owner who qualifies because of in favor of making the permit applica financial hardship using as a standard the United tion. The Manager may request and shall States Department of Housing and Urban Depart- be entitled to receive relevant documenta- ment of Housing and Urban Development's Rental tion or confirmation of facts from the Assistance Program (Section 8) as to annual applicant and shall,in any event, render income, providing further that home ownership a written decision either granting or is not in and of itself an eliminating factor. The denying the exemption request within deferment shall consist of a lien placed against thirty(30) days of its submission. the residential real property to run with the land 4. An appeal for reconsideration may be in an amount equal to the cumulative unpaid initiated by filing with the Manager a special assessment(s). The lien shall be satisfied petition stating the grounds for such upon the sale, transfer or any other disposition appeal. The petition must be filed with of the residential real property subject to the the Manager within ten (10) days after special assessment(s). the County mails notice of the permit (1) Application for financial hardship defer- denial. After the period of limitation ment shall be submitted to the manager. established herein no petition, appeal, or The manager shall render a written right of action shall be asserted by the determination upon such application Residential Real Property owner(s). within 30 days of its submittal. 5. A Residential Real Property exemption (2) A residential real property owner who granted hereunder shall be communicated has applied for a financial hardship defer- to the Property Appraiser and Tax Col- ment and has been denied such defer- lector by the Manager. Exemption Permits ment by the manager may petition the 6. The residential Exem p financial hardship review committee, granted hereunder shall have duration of which is established hereby and composed up to and no more than one (1) Service of the County public utilities administra- Year, whereupon the Residential Real tor, the County housing and urban Property shall be subject to the Special improvement director, and the manager. Assessment and Contractor's services The written application shall be tendered unless a new residential Exemption to the financial hardship review commit- Permit is obtained pursuant to the tee (do the Collier County Public Utili- procedures described in this Section 21 ties Administrator's Office) within 30 (§ 118-106) of the Ordinance and subject days of the date of denial by the manager. to the Manager's right to revoke. After the expiration of this period of (Ord. No. 2005-54, § 21; Ord. No. 2015-38, § 6) limitation, no petition, appeal or right of Sec. 118-107. Financial hardship defer- action shall be asserted by the residential ments. real property owner. Except where the special assessment is imposed (3) A review of the decisions of the financial and collected as a non-ad valorem assessment on hardship review committee may be heard Supp. No. 85 CD118:26.2 SOLID WASTE § 118-134 by the Board upon application by any temporary events, venue facilities, and institu- person seeking such a review. The writ- tions in Collier County to segregate and recycle ten application shall be tendered to the as many designated recyclable materials as pos- manager within 30 days of the date of the sible; (b) requiring multi-family properties to decision of the financial hardship review provide collection containers and recycling services committee. After the expiration of this to residents;(c)establishing educational programs period of limitation, no petition, appeal concerning recycling; (d) providing incentives or right of action shall be asserted by the and awards programs that will make recycling residential real property owner. more attractive to the businesses, multi-family (4) A deferment granted by the manager or properties temporary events, venue facilities, by the financial hardship review commit and institutions in Collier County; and (e) tee or the Board shall be formalized by eliminating potential conflicts between the resolution adopted by the board and requirements of this Ordinance and the require- recorded in the Public Records of Collier ments of the County's Land Development Code. County, Florida by the Board. By utilizing a balanced combination of incen- tives(5) All financial hardship deferments shall and regulations, the Board intends to be subject to reevaluation by the manager accomplish its recycling goals while minimizing every third service year following the the regulatory requirements in this Ordinance. grant of deferment or the previous reevalu The Board also intends to provide sufficient time for, multi-family properties, temporary events, ation. and venue facilities, in Collier County to comply (6) All financial hardship deferments shall with the County's new programs. accrue interest on the unpaid principal (Ord. No. 2009-56, § 1) at the rate of 12 percent per annum, unless the interest is waived by the Sec. 118-132. Title and citation. board based on information provided to the Board on a case-by-case basis. This Ordinance shall be known and may be (Ord. No. 2005-54, § 22) cited as the"Collier County Recycling Ordinance". (Ord. No. 2009-56, § 2) Sec. 118-108. Penalties. Violations of any section or provision of this Sec. 118-133. Applicability. Ordinance shall be prosecuted and punished as provided by F.S. § 125.69. Each day the violation The provisions of this Ordinance shall apply continues shall constitute a separate offense. to, and be enforced in, the unincorporated areas Additionally, the Board may bring suit for dam- of Collier County, and in any municipalities ages or to restrain, enjoin or otherwise prevent within Collier County that agree to such applica the violation of this Ordinance,before the Special tion and enforcement, by inter-local agreement Magistrate, or, in the Circuit Court of Collier between the governing bodies of the municipal- County. ity and the County. (Ord. No. 2005-54, § 24; Ord. No. 2015-38, § 7) (Ord. No. 2009-56, § 3) Secs. 118-109-118-130. Reserved. Sec. 118-134. Construction and interpreta- tion. ARTICLE V. RECYCLING PROGRAM* This Ordinance shall be liberally construed in Sec. 118-131. Intent and purpose. order to effectively carry out the intent and purpose of the Ordinance. Where any provision It is the intent and purpose of this Ordinance of this Ordinance refers to or incorporates another to promote recycling by: (a)requiring businesses, herein set out.Former Art.V,§§118-131-118-149 pertained *Editor's note—Ord. No. 2009-56, §§ 1-25, adopted to similar subject matter,and derived from Ord. No. 04-50, Oct. 27, 2009, amended Art. V in its entirety to read as §§ 1-19, adopted 2004. Supp. No. 85 CD118:26.3 § 11S-134 COLLIER COUNTY CODE provision,statute,rule,regulation or other author- ity, this Ordinance refers to the most current version,including and incorporating any amend- ments thereto or renumbering thereof. (Ord. No. 2009-56, § 4) Sec. 118-135. Definitions. For the purposes of this Ordinance,the defini- tions contained in this section 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 F.S. § 403.7031, all definitions in this section shall be construed in a manner that is consistent with the definitions contained in F.S. § 403.703. In the case of any apparent conflict or inconsistency with the definitions contained in F.S. § 403.703, the statutory defini- tion shall apply. ti Board means the Board of County Commis- sioners of Collier County, Florida. Supp. No. 85 CD118:26.4 SOLID WASTE § 118-135 Certificate of Operation means the license Generator means each business, multi-fam- that a contractor must obtain from the County ily property, temporary event organizer, venue before it can collect recyclable materials in the facility, not-for-profit organization and institu- County. tion (i.e., all persons except individuals) that Code Enforcement Board means the Collier generates one or more recyclable materials as a County Code Enforcement Board, which may result of its activities. act as the Collier County nuisance abatement Hazardous Waste means solid waste, or a board from time to time, and which is autho- rized to hear and decide cases involving viola combination of solid wastes, which, because of tions of any County Code or Ordinance. its quantity, concentration, chemical or physi- cal characteristics, may cause or significantly Code Enforcement Officer means any autho- contribute to an increase in mortality or an rized agent or employee of the County whose increase in serious irreversible or incapacitat- duty it is to assure code and ordinance compli- in reversible illness,or may y pose a substantial ance. present or potential hazard to human health or Collect means to gather or pick up recyclable the environment when improperly transported, materials for transport and delivery to a recy- disposed of, stored, treated, or otherwise man- cling facility. aged. Hazardous waste includes any material or substance identified as a hazardous waste or Contractor means a person who collects or hazardous substance in the Florida Adminis- transports recyclable materials. trative Code, Florida Statutes, or other appli- County means Collier County, Florida. cable laws. County Manager means the County Materials Recovery Facility means a solid �•/ Man- ager of Collier County or the County Manager's waste management facility that provides for designee. the extraction from solid waste of recyclable Customer means an owner or generator that materials, materials suitable for use as a fuel enters into a service agreement with a contrac- or soil amendment,or any combination of such tor for recycling services. materials. De Minimis Amount means the amount of Multi-Family Property means a group of solid waste which lawfully may be included in three or more dwelling units within a single separated recyclable materials. A De Minimis conventional building,attached side by side,or Amount of Solid Waste is 10 percent,by volume one above another, and wherein each dwelling or weight, whichever is more restrictive, as unit may be individually owned or leased ini- determined by a measurement or a visual in- tially on land which is under common or single spection by the County Manager. ownership. Dwelling means any building,or part thereof, intended, designed, used, or occupied in whole Non-Residential Property means real prop- or in part as the residence or living quarters of erty located in Collier County and used prima one or more persons, permanently or tran rily for:(1)commerce,including but not limited siently, with cooking and sanitary facilities. to offices, stores, restaurants, motels, hotels, Such term shall not mean a room in a motel or recreational vehicle parks, theaters, and ser- hotel. vice stations; (2) not-for-profit organizations; and (3) institutional uses, including, but not Garbage means all kitchen and table food limited to, governmental facilities, churches, waste, and animal or vegetative waste that is hospitals and schools. attendant with or results from the storage, preparation,cooking,or handling of food mate- Ordinance means this County Ordinance rials. No. 2004-50, as amended. Supp. No. 27 CD118:27 �18-135 COLLIER COUNTY CODE Organic Waste means garbage or other sim- Recycling means any process by which solid liar putrescible solid waste, including source waste, or materials which would otherwise separated food waste and food-soiled paper. become solid waste, are collected, separated, Organic waste does not include yard trash. processed, and reused or returned to use in the Owner means a person who owns non- form of raw materials or products. residential property, multi-family property, or a venue facility. An owner also may be a gen- Recycling Facility means any facility that recycles recyclable materials,including but not erator. limited to buy back centers, drop-off centers Person means any and all persons, natural (both permanent and mobile),designated County or artificial, including any individual, firm, recycling centers, materials recovery facilities partnership, joint venture, public or private and recovered materials processing facilities. corporation,or other association,or any combi- nation thereof,however organized;any county; Residential Unit means a single-family res- and any local, state or federal governmental idence, or duplex residence. agency. Restaurant means any bar, tavern or other Primary Recyclable Material means recycla- eating or drinking establishment where food or ble material that is generated in an amount beverages are prepared, served, or sold for greater than 96 gallons per month. profit, either for immediate consumption on or Recovered Materials means metal, paper, in the vicinity of the premises, or called for or glass, plastic, textile, or rubber materials that taken out by customers, or prepared prior to have a known recycling potential,can be feasi- being delivered to another location for consump- bly recycled,and have been diverted and source tion. separated or have been removed from the solid waste stream for sale, use, or reuse as raw Self-Hauling Certificate means a written cer- materials,whether or not the materials require tification by an owner or generator that attests subsequent processing or separation from each that the owner or generator is collecting and other, but does not include materials destined transporting recyclable materials to a recycling for any use that constitutes disposal. Recov- facility. ered materials as described above are not solid waste. Service Agreement means a written agree- ment between a contractor and an owner or Recovered Materials Processing Facility means generator concerning the collection of recycla- a facility engaged solely in the storage,process- ble materials. ing, resale, or reuse of recovered materials. Recyclable Materials means those materials Solid Waste means sludge unregulated un that are capable of being recycled,which would der the Federal Clean Water Act or Clean Air otherwise be processed as solid waste, and are Act, sludge from a waste treatment works, designated by the Board pursuant to Section water supply treatment plant, or air pollution Six of this Ordinance [Section 118-136,herein], control facility, or garbage, rubbish, refuse, special waste, or other discarded materials, Recyclable Materials Container means any including solid, liquid, semisolid, or contained container for the collection of recyclables, in- gaseous material resulting from domestic, in- cluding but not limited to, recycling bins,recy- dustrial, commercial, mining, agricultural, or cling carts,dumpsters,roll-offs, or compactors, governmental operations. Solid waste includes made of metal, hard plastic or other similar but is not limited to biological waste, biomedi- material. Containers must be constructed in a cal waste,bulk waste, C&D debris,commercial manner that protects property and the environ- waste, disaster debris, electronic equipment, ment from leakage, spillage, and overflow of garbage, hazardous waste, land clearing de- any type of recyclable materials. bris, organic waste, radioactive waste, recycla- Supp.No.27 CD118:28 SOLID WASTE § 118-137 ble materials (until they are recycled), rejects, of the recyclable materials that the generators residential waste, residue, rubbish, special have designated pursuant to Subsection (b), be- waste, tires, white goods, and yard trash. low; and (2) arrange for collection services of Special Magistrate means a person autho recycling materials placed in the recyclable mate- rized by the Board to hear and decide cases rials containers or self haul and transport those involving violations of any County codes and/or materials to a recycling facility. ordinances. (b) Each generator shall recycle all of the pri- Substantial Hardship means a demonstrated mary recyclable materials that it produces. At economic, technological, legal, or other type of least once each year, each generator shall: (1) hardship. consider the list of recyclable materials desig- nated by the County pursuant to Section Six of Temporary Event means any event requir- this Ordinance [Section 118-136, herein]; (2)con- ing:(1)a permit or license pursuant to Chapter sider the types of recyclable materials generated 10 of the Code of Laws and Ordinances of by its activities on non-residential property; (3) Collier County, Florida; or (2) a permit pursu- identify the primary recyclable materials that the ant to Sections 5.04.05 or 5.04.06 of the Collier generator produces; and (4) identify (i.e., desig- County Land Development Code; or (3) any nate) the primary recyclable materials that the event requiring a permit or license from the generator must recycle. Thereafter, each genera- Health or Fire Departments. tor shall separate the designated primary recycla- Venue Facility means any building or other ble materials from the generator's solid waste, permanent facility used for temporary events. and place the designated primary recyclable ma- A venue facility may be owned by the govern- terials in recyclable materials containers pro- ment, a person, or a non-profit organization. vided for collection. (Ord. No. 2009-56, § 5) (c) If a generator's activities do not produce any primary recyclable materials, the generator Sec. 118-136. Designation of recyclable ma- shall designate and recycle one or more recyclable terials. material in the manner described in Subsection For the purposes of this Ordinance, recyclable (b), above, unless the generator is exempt pursu- materials means paper, cardboard, glass, plastic ant to Subsection 118-141(a), below. (Numbers. 1 through 7), aluminum, and ferrous (d) Each generator shall coordinate with the metal. The Board may designate other materials owner of the non-residential property where the (e.g., organic waste)as recyclable materials if the generator's activities occur, and each owner shall Board determines that a market exists for such coordinate with the generator on its non-residen- materials and a cost-effective system is in place tial property, to ensure that the generator's recy- for recycling such materials. Materials shall be clable materials are taken to a recycling facility. deleted from this list of recyclable materials if the Board determines that a market no longer exists (e) No person shall dispose of recyclable mate- or a cost-effective system is no longer in place for rials that have been separated from solid waste recycling such materials. pursuant to Subsections (b) or(c), above. (Ord. No. 2009-56, § 6) (f) No person shall place solid waste, or haz- Sec. 118-137. Minimum standards for recy- ardous waste in a recyclable materials container. cling on non-residential prop- erty. (g) No person shall cause litter or a nuisance. Each person shall take all necessary steps to (a) Each owner shall: (1) provide recyclable ensure that their own recycling activities do not materials containers on the owner's non-residen- cause litter or a nuisance. Each person shall tial property so the generators located on the immediately pick up any litter and eliminate any owner's non-residential property may recycle all nuisance caused by their activities. Supp.No. 27 CD118:29 L'18-137 COLLIER COUNTY CODE (h) Each owner shall, upon request, provide (b) Each owner shall display prominent signage the County Manager with a copy of a service indicating the location of recycling collection con- agreement, or self-hauling certificate with re- tainer locations. ceipts from a recycling facility demonstrating that the primary recyclable materials generated on (c) Each owner shall provide printed recycling the owner's non-residential property are being education informational materials to residents at taken to a recycling facility. The service agree- a minimum of two times per year. ment, or self-hauling certificate, shall be avail- able for inspection by the County Manager at the (d) No person shall dispose of recyclable mate- owner's non-residential property during -normal rials that have been separated from solid waste. business hours. The owner shall mail or deliver these documents to any generator located on the (e) No person shall place solid or hazardous owner's non-residential property,within fourteen waste in a recycling collection container. (14) days, if the generator requests the docu- ments. (f) Each owner shall take all necessary steps to (i) Each generator shall,upon request,provide ensure that recycling activities do not cause litter the County Manager with a copy of a service or a nuisance. Each owner shall immediately agreement, or a self-hauling certificate with re- pick-up any litter and eliminate any nuisance ceipts from a recycling facility demonstrating that caused by any recycling activity. the generator's primary recyclable materials are being taken to a recycling facility. The service (g) Each owner shall annually provide the Col- agreement or self-hauling certificate and other Tier County Solid Waste Management Depart documents shall be available for inspection by the ment current contact information for all multi County Manager at the generator's non-residen family property. ial property during the generator's normal busi- (h) The County's exclusive franchised contrac- ess hours. tor for the collection of residential program (j) An owner may satisfy its obligations under recyclables includes the collection of program this Ordinance by performing the required activ- recyclables generated by those customers that ities itself or by using the services of a contractor occupy multi-family residences, even if the cus- or other person who complies with the require- tomers receive non-curbside residential collection ments of this Ordinance.However, notwithstand- ing anything else contained herein, the owner service. shall be responsible for ensuring and demonstrat- No. 2009-56, § 8) ing its compliance with the requirements of this Ordinance. Sec. 118-139. Minimum standards for recy- (k) A generator may satisfy its obligations un- der this Ordinance by performing the required activities itself or by using the services of a (a) Any person seeking a permit for a tempo- contractor or other person who complies with the rary event within Collier County shall complete requirements of this Ordinance.However,notwith and submit with their permit application the standing anything else contained herein, each Solid Waste Management Department's Tempo generator shall be responsible for ensuring and rary Special Event Recycling Plan. In addition, demonstrating its compliance with the require- promotional literature, signage and temporary ments of this Ordinance. event announcements shall contain information (Ord. No. 2009-56, § 7) about recycling at the temporary event. Sec. 118-138. Minimum standards for recy- (b) The Solid Waste Management Department cling on multi-family property. shall review the Temporary Special Event Recy- (a) Each owner shall: (1) provide recyclable cling Plan and determine whether the plan in- materials collection containers on the owner's cludes reasonable measures to promote recycling, multi-family property; and (2) arrange for recy- especially for paper,cardboard,and beverage con- cling collection services. tainers made of plastic, glass and aluminum. Supp. No. 27 CD118:30 SOLID WASTE § 118-142 (c) The County Manager shall be allowed to cling.At a minimum,the Temporary Special Event attend the temporary event at no charge, solely Recycling Plan shall be designed to promote recy- for the purpose of assisting with and verifying the cling of paper, cardboard, and beverage contain- recycling efforts. ers made of plastic, glass, or aluminum. The owner of a venue facility shall be responsible for (d) If the temporary event will not generate ensuring that the Temporary Special Event Recy- more than one, ninety-six(96)gallon container of cling Plan is implemented when the venue facility non-separated solid waste for disposal,an admin- is used. istrative variance may be requested from the requirements to collect recyclable materials. The (b) Venue facility managers are encouraged to County Manager will establish a procedure for hold a pre-event recycling workshop for vendors the consideration of an administrative variance and volunteers. from the requirements in this section if the County (Ord. No. 2009-56, § 10) Manager concludes a good faith effort has been Sec. 118-141. Exemptions from recycling made to satisfy the requirements herein. standards. (e) The permittee shall provide at least one (a) An exemption may be allowed where corn- recyclable materials collection container for each pliance with the ordinance would result in unnec- solid waste container provided at the temporary essary hardship to the business and the need for event.The recyclable materials collection contain- an exemption would not be shared generally by ers shall be clearly labeled and placed in the same other businesses. All exemptions are to be con- locations as each solid waste container. The per- strued as temporary, for a period of one (1) year, mittee shall arrange for the contents of the recy- and shall be considered withdrawn on the first to clable materials collection containers to be deliv- occur of: (a) a change in the condition(s) which ered to a recycling center or similar facility. prompted the exemption; or (b) the expiration of the time period granted in the exemption. Should (f) If the permittee self-hauls recyclables from an exemption be withdrawn because the time temporary events to a recycling center or similar period has expired, an applicant may apply for facility, the permittee shall deliver a copy of the renewal of the exemption. recycling center/facility receipt to the Solid Waste (b) Notwithstanding any other provision herein, Management Department by fax, email or mail an owner shall be exempt from the requirements within 30 days of the event. of this Ordinance if: (1) all of the generators on (g) All temporary event organizers are encour- the owner's non-residential property are exempt aged to hold a pre-event recycling workshop for from or not required to comply with the provisions vendors and volunteers. of this Ordinance; or (2) primary recyclable ma- (Ord. No. 2009-56, § 9) terials are not being generated by any activities occurring on the owner's non-residential property. Sec. 118-140. Minimum standards for recy- (c) Notwithstanding any other provision herein, cling at venue facilities. a generator shall not be required to recycle a recyclable material if the generator demonstrates (a) The owner of each venue facility shall pre- to the County Manager that there is no collection pare and implement a Temporary Special Events service available for recycling such material. Recycling Plan. The Temporary Special Events (Ord. No. 2009-56, § 11) Recycling Plan shall require recycling during each temporary event and other lawful uses of the Sec. 118-142. Extraordinary and innovative venue facility. The Temporary Special Events recycling. Recycling Plan must be submitted annually to the (a) All owners, generators, and any person Solid Waste Management Department.The County organizing a temporary event, including those Manager shall review the Temporary Special Event who are exempt from some or all of the require- Recycling Plan to determine whether the plan ments in this Ordinance, are encouraged to recy- includes reasonable measures to encourage recy- cle all of their recyclable materials. Supp.No. 27 CD118:31 18-1.42 COLLIER COUNTY CODE (b) Owners, generators, and any person orga- Sec. 118-145. Evaluation of non-residential, nizing a temporary event are encouraged to work multi-family,temporary event, with the County to develop new and innovative and venue facility recycling methods to recycle other recyclable materials, programs. such as organic waste. As needed,the County Manager shall provide a report to the Board concerning the County's recy- (c) All municipalities in Collier County are cling program for non-residential property,multi- encouraged to adopt and implement recycling family property, temporary events and venue fa- programs for the non-residential properties,multi- cilities.The report shall address the effectiveness family properties, temporary events, and venue of the County's recycling programs for non- facilities located within the municipalities' corpo- residential property, multi-family property, tem- rate boundaries. If requested, the County Man- porary events and venue facilities, the general ager shall provide advice and technical assistance costs and benefits associated with these pro- with the development of the recycling programs grams, and any changes that should be imple- for these municipalities. mented to improve the effectiveness of the pro- (Ord. No. 2009-56, § 12) grams. (Ord. No. 2009-56, § 15) Sec. 118-143. Awards program for recycling Sec. 118-146. Recycling service agreements. on non-residential property. multi-family property, tempo- A contractor shall provide a written service rary events and at venue facil- agreement to a customer before the contractor ities. begins to collect that customer's recyclable mate- rials. The service agreement shall describe the v The County Manager is hereby authorized to services to be provided by the contractor, the fees establish and implement and awards program to to be paid by the customer,and the other terms of recognize owners, generators, and any person the parties' agreement. organizing a temporary event in the County that (Ord. No. 2009-56, § 16) implements exceptional or innovative recycling programs for non-residential property, multi- Sec. 118-147. Temporary event, and venue family property,at temporary events and at venue facility collection service agree- facilities. ments. (Ord. No. 2009-56, § 13) Any contractor engaged by the organizer of a temporary event to provide solid waste and/or Sec. 118-144. Recycling education and pro- recycling collection service is required to submit a motion program. copy of the invoice to the Solid Waste Manage- ment Department within thirty (30) days after The County Manager is hereby authorized to submittal of the invoice to the contracting party. establish and implement a recycling education Each invoice will contain an estimate of the municipal solid waste and/or recyclables gener- and promotion program for owners, generators, and any person organizing a temporary event in ated at the event. the County. The education and promotion pro (Ord. No. 2009-56, § 17) gram may include, but is not limited to, public Sec. 118-148. Standards for recycling con- workshops, public service announcements, multi- tractors. media advertising, and direct mailings concern- ing the methods and benefits of recycling on (a) The County Manager shall approve a stan- non-residential property, multi-family property, dard form that will be used as the County's temporary events and venue facilities. Certificate of Operation. The Certificate of Oper- (Ord. No. 2009-56, § 14) ation shall contain the conditions and limitations Supp.No.27 CD118:32 SOLID WASTE § 118-148 that are deemed appropriate by the County Man- tunity for a hearing, that a contractor has vio- ager.The Certificate of Operation shall remain in lated the provisions in a Certificate of Operation effect for a period of one (1) year, and must be or any applicable law. submitted annually from the date of submission unless the Board approves a longer duration by resolution. (f) A contractor shall provide each of its cus- tomers with recyclable materials containers that (b) No person may collect or transport recycla- are sufficient to accommodate the quantity and ble materials in the County for profit unless such types of recyclable materials that will be recycled person has obtained a Certificate of Operation by the customer. from the County's Solid Waste Management De- partment. However, a certified recovered materi- als dealer, as defined in F.S. § 403.7046, is not (g) A contractor shall conduct all of its activi- required to obtain a Certificate of Operation be- ties in accordance with all applicable laws and fore engaging in business in the County. best management practices. A contractor's vehi- cles,equipment,and collection containers shall be (c) A not for-profit person is not required to kept in a clean and well-maintained condition. obtain a Certificate of Operation before collecting or transporting recyclable materials in the County. (d) Any person may file an application with (h) A contractor shall not take a customer's the Solid Waste Management Department for a recyclable materials to a landfill or other site for Certificate of Operation. The application shall be disposal, unless the contractor has received a submitted on the form prepared by the County variance pursuant to Section 21 of this Ordinance Manager. The applicant shall provide all of the [Section 118-151, herein]. information and documentation requested by the County Manager,including but not limited to the (i) Unless exempt from this requirement pur- following: suant to Chapter 62-722, Florida Administrative (1) The name,address and telephone number Code, a contractor shall provide quarterly reports of the applicant; to the County identifying, at a minimum, the types and amounts of recyclable material it col- (2) A description of the vehicles that the lected, and each recycling facility to which the applicant will use to collect recyclable recyclable material was taken. The County Man- materials,including the make,model,and ager may require the contractor to provide such serial number of each vehicle; and other information as the County Manager reason- (3) A written statement certifying that the ably determines is necessary, provided such re- applicant has reviewed and will comply quest is consistent with the provisions of Chapter with all of the requirements in the Certif- 62-722, Florida Administrative Code. icate of Operation and this Ordinance. (e) If the County Manager determines that the (j) A contractor shall not provide collection applicant complies with the terms of this Ordi- services prior to 6:00 a.m. or after 6:00 p.m. for a nance and all applicable laws, the County Man- property located within two hundred(200)feet of ager shall grant a Certificate of Operation. The a dwelling unless otherwise authorized by the County Manager shall deny an application for a County Manager. Contractors may provide ser- Certificate of Operation if the County Manager vices at other locations at any reasonable time, determines that the applicant does not comply subject to approval by the County Manager. Con- with the terms of this Ordinance or other appli- tractors shall not provide collection services on cable law. The County Manager may revoke a Sundays unless otherwise authorized by the County Certificate of Operation if the County Manager Manager. determines, after providing notice and an oppor- (Ord. No. 2009-56, § 18) Supp.No.27 CD118:33 L.:18-149 COLLIER COUNTY CODE Sec. 118-149. Self-hauling. (d) The Self-Hauling Certificate shall contain a written statement, signed by the owner or (a) If an owner collects the recyclable materi- generator, certifying that the owner or generator als generated on its non-residential property, at is in compliance with the requirements of this temporary events,or at venue facilities and trans- Ordinance. ports those materials to a recycling facility,with- out using a contractor, the owner shall prepare a (e) The County Manager may restrict or pro- Self-Hauling Certificate for the County Manager. hibit self-hauling by a person if the County Man- (b) If a generator collects and transports its ager determines, after providing notice and an recyclable materials to a recycling facility, with- opportunity for a hearing, that the person's self- out using a contractor, the generator shall pre- hauling activities violate the provisions of this pare a Self-Hauling Certificate for the County Ordinance or any other applicable law. Manager. (Ord. No. 2009-56, § 19) (c) The County Manager shall approve a stan- dard form that shall be used as a Self-Hauling Sec. 118-150. County recycling centers and Certificate.At a minimum, the owner or genera hazardous waste collections. for shall provide the following information in the Self-Hauling Certificate: (a) The County has established recycling cen- ters for the benefit of the community. The County (1) The name, address, telephone number may impose conditions and limitations upon any and email address of the owner or gener- person that wishes to use the County's recycling ator that is signing the Self-Hauling Cer- centers, including limitations on the types and / tificate; amounts of recyclable materials that will be ac- L" (2) The address of the non-residential prop- cepted at the recycling centers. The County also erty, temporary event or venue facility may charge fees for the use of its recycling cen- where the recyclable materials are gener- ters. The conditions, limitations, and fees appli- ated; cable to the recycling centers shall be established by resolution of the Board. (3) The names of the generators that are transporting recyclable materials pursu- (b) The County may maintain Hazardous Waste ant to the Self-Hauling Certificate; Collection Centers and may, periodically, host (4) A brief description of the activities or special roundups to accept hazardous materials businesses that are generating the recy from residents,including pharmaceuticals for Op- clable materials; eration Medicine Cabinet for proper disposal. (5) A list of the types of recyclable materials (c) Conditionally exempt and small quantity that are being transported and an esti- generators may bring hazardous materials to the mated tonnage or yardage value for each recycling centers upon appointment with the haz- type of recyclable material being taken ardous materials collection and/or disposal com- from the non-residential property,tempo- pany.Acceptance of the hazardous materials and rary event,or venue facility to a recycling payment for this service will be the responsibility center; of the hazardous material collection and/or dis- (6) The name and address of the recycling Aosal company and the generator. facility; and (d) A contractor shall not deliver recyclable (7) The Occupational License number(s) for materials or solid waste to the County's recycling the non-residential property or venue fa- centers, unless the deliveries are approved in cility, and/or event permit number(s) for advance by the County Manager. temporary events. (Ord. No. 2009-56, § 20) Supp.No. 27 CD118:34 SOLID WASTE § 118-153 Sec. 118-151. Variances. facilities for the purpose of determining compli- ance with the requirements of this Ordinance. (a) The County Manager shall grant an admin- The County Manager also is authorized to inspect istrative variance from the requirements in this any vehicle, equipment or collection container Ordinance when an owner, generator or other used to collect or transport recyclable materials in person demonstrates that the application of the the County for the purpose of ensuring that the Ordinance would create a substantial hardship. vehicle, equipment or container is not producing (b) Any owner or generator who demonstrates litter or leaking liquids or other residuals during that, due to site specific conditions, the owner or transport. generator cannot simultaneously comply with this (b) It shall be prima facie evidence of a viola Ordinance and the provision of any section of the tion of this Ordinance if an owner or generator Collier County Land Development Code or the fails to have a recyclable materials collection provision of a duly adopted planned unit develop container in use on their non-residential property, ment, may seek a variance pursuant to Section multi-family property, temporary event or venue 9.04.00 of the Land Development Code. In the alternative, the County Manager may grant an facility. administrative variance from the requirements of (c) To provide the public with a reasonable this Ordinance. opportunity to comply with this Ordinance, the (c) An application for an administrative vari County shall not seek any penalties for violations ance pursuant to this Ordinance shall be submit- of this Ordinance amendment that occur within ted to the County Manager on a form prescribed six months of the effective date of this Ordinance by the County Manager. An application for a amendment. The deadline for compliance with variance from the County's Land Development this Ordinance may be postponed by resolution of Code pursuant to this Ordinance, shall be gov- the Board. erned by Section 9.04.00 of the Collier County (d) The County Manager shall have the power Land Development Code. The fee for a variance to enforce the provisions of this Ordinance through shall be established by resolution of the Board. the County's Code Enforcement Board or Special (d) Pursuant to Section Five of the 2004 Land Magistrate using the enforcement process and Development Code adopting Ordinance (Ordi- penalties established by the Collier County Con- nance No. 2004-50), the requirements of Section solidated Code Enforcement Ordinance,as it may 4.05.04(minimum requirements for parking spaces) be amended or replaced. The County Manager and Section 4.06.00 (minimum requirements for also may enforce this Ordinance by using any visual screening) of the Land Development Code other enforcement procedure that is approved by do not apply to a person that filed an application the Board in the future pursuant to a County for a site plan approval before July 29, 2005 the Ordinance. effective enforcement date of this Ordinance, but (Ord. No. 2009-56, § 22) only if and only to the extent that the person's compliance with this Ordinance precludes the Sec. 118-153. Conflict and severability. person from complying with the requirements in Sections 4.05.04 and 4.06.00 of the Land Devel- In the event this Ordinance conflicts with any opment Code. other ordinance of Collier County, the more re- (Ord. No. 2009-56, § 21) strictive shall apply. If any phrase or portion of this Ordinance, or the particular application Sec. 118-152. Inspections, enforcement and thereof, shall be held invalid or unconstitutional penalties. by any court,administration agency or other body with appropriate jurisdiction, the remaining sec- (a) The County Manager is authorized to con- tion, subsection, sentences, clauses, or phrases duct inspections on non-residential property,multi- and their application shall not be affected thereby. family property,at temporary events and at venue (Ord. No. 2009-56, § 23) Supp.No.27 CD118:35 L 18-154 COLLIER COUNTY CODE Sec. 118-154. 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 sec- tions 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. (Ord. No. 2009-56, § 24) Sec. 118-155. 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. (Ord. No. 2009-56, § 25) V Supp.No.27 CD 118:36 Chapters 119-121 RESERVED CD119:1