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Chapter 258 - Solid Waste (Special Acts) Chapter 258 SOLID WASTE* Article I. In General Secs. 258-1-258-25. Reserved. Article II. Solid Waste Disposal and Resource Recovery Sec. 258-26. Short title. Sec. 258-27. Definitions. Sec. 258-28. Declaration of policy. Sec. 258-29. Power of the county. Sec. 258-30. Rates,fees and charges. Sec. 258-31. Annual audit. Sec. 258-32. Collection of charges. Sec. 258-33. Services rendered to the county. Sec. 258-34. Grants, loans and contributions. Sec. 258-35. Lease of facilities. Sec. 258-36. Establishment of transfer stations. Sec. 258-37. Repealing laws in conflict herewith. Sec. 258-38. Enforcement. Sec. 258-39. Prohibiting annexation by municipalities; prohibiting franchise and other fees by municipalities. Sec. 258-40. Conformance with county, state and federal standards. Sec. 258-41. Effect of state general laws. Sec. 258-42. Antitrust exemptions. *Code reference—Ordinances pertaining to solid waste,ch. 118. Cross reference—Utilities, ch. 270. 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. SA258:1 SOLID WASTE § 258-27 ARTICLE I. IN GENERAL recovery system on behalf of the county pursuant to contract. Secs. 258-1-258-25. Reserved. (f) The term "solid waste" shall mean and in- clude discarded or discharged garbage, garden ARTICLE II. SOLID WASTE DISPOSAL trash, industrial waste, land clearing waste, con- AND RESOURCE RECOVERY* struction and demolition debris, noncombustible refuse and industrial wastes as herein defined. Sec. 258-26. Short title. (1) Garbage shall include rubbish, refuse or This article shall be cited as the"Collier County other discharge of solid or semisolid mate- Solid Waste Disposal and Resource Recovery Act." rials resulting from domestic, commercial, (Laws of Fla. ch. 86-454, § 1) industrial, agricultural, and governmental operations,but does not include solid or dis- Sec. 258-27. Definitions. solved material in domestic sewage effluent Whenever used in this article,unless a different or other significant pollutants in water re- meaning clearly appears from the context: sources such as silt,dissolved or suspended (a) The term"solid waste disposal and resource solids in industrial waste effluents, dis recovery system" shall mean all the facilities of solved materials in irrigation return flows the county or its franchisee or licensee or pri- or other common water pollutants. vately owned facilities pursuant to contract with (2) Garden trash shall mean all accumulation Collier County for the collection and disposal of of leaves, grass or shrubbery cuttings, and garbage and other waste matter, including but other refuse resulting from the care of not limited to incinerators, composting plants, lawns, shrubbery, vines and trees. landfills, shredders or other disposal means, transfer stations and resource recovery systems (3) Industrial wastes shall mean the waste constructed, acquired or contracted for pursuant products of canneries, slaughterhouses or to the provisions of this act[article],or which may packing plants, condemned food products, be hereafter acquired, constructed or contracted and agriculture waste products. for by the county from any source whatsoever. (4) Construction and demolition debris shall (b) The term "county" shall mean Collier mean nonhazardous material generally con- County, Florida. sidered not to be water soluble, including but not limited to steel, concrete, glass, (c) The term"governing body"or"board"shall brick, asphalt, roofing material or lumber mean the board of county commissioners of said from a construction or demolition project. county or any board or body which may hereafter be charged with the governing of said county. (5) Noncombustible refuse shall mean refuse materials that are unburnable at ordinary (d) The term"political subdivision"shall mean incinerator temperatures (800 degrees to a county,city,town,village or other municipality, 1800 degrees Fahrenheit) such as metals, but shall not include special tax districts or other mineral matter, large quantities of glass or public bodies or agencies which do not have gen crockery, metal furniture, auto bodies or eral government powers. parts, and other similar material or refuse. (e) The term "franchisee" or "licensee" shall (6) Solid waste shall not include scrap, or new mean any person, firm, corporation, association or used material separated at the point of or body,public or private,which owns or operates generation and held for the purpose of re and maintains a solid waste disposal and resource cycling, which shall be subject to state and *Cross reference—Garbage collection and water produc- local public health and safety laws. tion and distribution services, § 270-26 et seq. (Laws of Fla. ch. 86-454, § 2) SA258:3 § 258-28 COLLIER COUNTY CODE ^� Sec. 258-28. Declaration of policy. source recovery system, and to enter into contracts or agreements for the disposal of The powers and purposes enumerated in sec- solid waste and other waste matter with tion 258-29 constitute proper county purposes for any such persons, firms, corporations, mu the benefit and welfare of the inhabitants of said nicipalities, political subdivisions or other county; and it is hereby found and declared that public agencies or bodies. The county, its in the construction, acquisition, improvement, agents, licensees and franchisees, are spe- maintenance and operation of said solid waste dis cifically permitted to allow the processing posal and resource recovery system, either di- rectly or through a franchisee or a licensee, said of solid waste, wood chips and tires deliv county will be exercising essential and proper gov ered from areas outside of the territorial ernmental functions. It is further found and de limits of said county; but the county, its Glared that the construction,acquisition,improve agents, licensees and franchisees, are not ment and operation of said solid waste disposal permitted to accept or process hazardous and resource recovery system is for the benefit, waste as same is defined by federal and health and welfare of the citizens of Collier County state law if said hazardous waste originates Col- in that inefficient and improper methods of man- aging solid wastes create hazards to public health, lier County,in the solid waste disposal and cause pollution of air and water resources, consti- resource recovery facility. tute a waste of natural resources,have an adverse (3) To prohibit by ordinance the operation or effect on land values and create public nuisances. maintenance of solid waste disposal and re- (Laws of Fla. ch. 86-454, § 3) source recovery systems or facilities by any person, firm, corporation, municipality,po- Sec. 258-29. Power of the county. litical subdivision, state agency, or public In addition to powers which it may now have, or private body within the territorial bound Collier County shall have power under this ar aries of Collier County, except as operated tide: or maintained by franchise or license with the county or by permit from the county in (1) To construct,acquit,improve,maintain and a manner authorized by this article. How- operate or contract with persons, firms or ever, nothing in this article shall limit the corporations for the ownership, construc- ability of the City of Naples or any other tion, operation and maintenance of a solid municipality, now formed or hereafter waste disposal and resource recovery system formed, to operate horticultural waste pro- within the territorial boundaries of said cessing or disposal facilities. county, and to acquire by gift, purchase or the exercise of the right of eminent domain (4) To finance, in whole or in part, as autho- lands or rights of lands,and any other prop- rized by the constitution of the State of erty, real or personal, tangible or intan- Florida, the cost of the construction, acqui- gible, necessary, desirable or convenient, sition or improvement of such solid waste for said purposes. disposal and resource recovery system, in- cluding the construction,acquisition and op- (2) To operate and maintain or to contract for the operation and maintenance of such solid eration of electrical energy generating fa- cilities, by any means and subject to such waste disposal and resource recovery system for its own use and for the use and benefit limitations as may be provided by law, in of its inhabitants, persons, firms, corpora- cluding but not limited to the issuance of tions,municipalities,political subdivisions, bonds, revenue certificates and other obli or other public agencies or bodies located gations of indebtedness. within the territorial boundaries of the (5) To employ and to enter into agreements or county, who shall use the facilities and ser- contract with consultants, advisors, engi- vices of such solid waste disposal and re- neers,attorneys or fiscal, financial or other SA258:4 SOLID WASTE §258-29 experts for the planning, preparation, su- tion of solid waste in the unincorporated pervision and financing of such solid waste area of Collier County; to impose such con- disposal and resource recovery system or ditions to said franchises,as deemed appro- any part thereof upon such terms and con- priate by the board, including but not lirn- ditions as the board of county commis- ited to standards of service,rate regulation, sioners shall deem desirable and proper. area of service,franchise fee for privilege of (6) To prescribe, fix and establish fees, rentals operating under the franchise providing or other charges(hereinafter sometimes re- that the franchise shall have no value as to ferred to as "revenues") for the solid waste the unexpired term of the franchise in the disposal and resource recovery system, or event of condemnation; to provide in such any part thereof, either heretofore or here- franchise the right of acquisition by con after constructed or acquired on a self demnation and provide such other condi- supporting, cost-recovery basis; provided, tions of said franchise as shall be reason however, that such fees, rentals or other able and necessary. charges, or any revisions thereof, shall be (9) To require all persons, firms, corporations, fixed and established by resolution of the municipalities, political subdivisions or board of county commissioners only after other public agencies or bodies located notice of a public hearing shall have been within the territorial boundaries of said published at least twice with the first pub- county, lands, buildings and premises in lication at least 20 days prior to such public said county to use the facilities and ser- hearing in a newspaper of general circula- vices of such solid waste disposal and re- tion published in said county. In the event source recovery system in all cases deemed of private ownership of such facilities pur- necessary or desirable by the board for the suant to contract with the county, fees, public health and safety of said county and rentals or other charges shall be sufficient the inhabitants thereof. to enable the county to meet its financial (10) To require that any existing solid waste dis- obligations pursuant to any such contracts. posal and resource recovery system be re- (7) To enter into contracts for the sale of re- stricted to disposal of specified types or sources and energy recovered in the opera- amounts of solid waste when said restric- tion of the solid waste disposal and resource tion is deemed by the board to be necessary recovery system and to apply the revenues to guarantee the amount of said waste to be derived therefrom to the expenses of oper- processed by the solid waste disposal and ating and maintaining said solid waste dis- resource recovery system in the following posal and resource recovery system, in- instances: eluding all debt service and other related a. To meet the design capacity of the system costs. system. (8) To grant exclusive or nonexclusive fran b. To meet contractual obligations of the chises or licenses to one or more persons, county entered into pursuant to this firms, corporations, associations or bodies, article and any amendments to this ar public or private, for the ownership, con- tide. struction or improvement, or maintenance (11) To require that all persons, firms, corpora- and operation of a solid waste disposal and tions or other entities utilize the services of resource recovery system for terms not to franchisees or licensees of the county for exceed the amortization period for the major the collection of solid waste throughout the investment or in any event,not in excess of unincorporated portions of the county and 30 years; to grant exclusive or nonexclu- to pay all fees for said services as provided sive franchises, licenses or permits to per- for and approved by the county; and the sons, firms or corporations for the collec- county shall be responsible for the disposal SA258:5 § 258-29 COLLIER COUNTY CODE of all solid waste, as defined in this article, the solid waste disposal and resource recovery that is processable by the solid waste dis- system by a qualified certified public accountant posal and resource recovery system. with copies of the audit report being made avail- Laws of Fla. ch. 86-454, § 4) able to all municipal and private entities utilizing Sec. 258-30. Rates, fees and charges. the system. To this end separate accounts and records shall be maintained by the solid waste (a) The solid waste disposal and resource re disposal and resource recovery system, and its covery system shall be operated on a self- funds shall not be commingled with the general supporting, cost-recovery basis. The governing funds of Collier County. body shall prescribe and collect a schedule of rates, (Laws of Fla. ch. 86-454, § 6) fees and other charges for the utilization of the services and facilities of such solid waste disposal Sec. 258.32. Collection of charges. and resource recovery system and may,whenever necessary, revise such schedule, or may authorize In the event that the fees, rentals or other a franchisee or licensee to collect such rates, fees charges for the services and facilities of said solid and other charges. The schedule of rates, fees or waste disposal and resource recovery system shall other charges prescribed shall be sufficient to pro- not be paid when due, the county or its franchi- duce revenues that when taken together with sees or licensees may discontinue and shut off such other revenue sources and pledged funds will be services and facilities and may refuse restoration adequate to provide for all expenses of land acqui- of such services and facilities until such fees, sition, construction, operation, maintenance and rentals and other charges, together with interest, renewal, and necessary expansion of such solid penalties and charges for the shutting off and dis- waste disposal and resource recovery system, in- continuance and the restoration of such services eluding reasonable reserves therefor; pay when or facilities, are paid in full; and in addition, rea- --N. due all obligations and interest thereon for the sonable attorney's fees and other costs may be payment of which such revenues are or shall have recovered by the county or its franchisees or lic- been pledged or encumbered, including reserves ensees by suit in a court of competent jurisdiction. therefor;and to provide for any other funds which The county or its franchisees or licensees may also may be required under any resolution or resolu- enforce payments of such delinquent fees, rentals tion authorizing the issuance of bonds to accom- or other charges by any other lawful method of plish the purposes of this article, or which may be enforcement, including the placement of a lien required to meet the contractual obligations of against the property affected, which lien may be the county. The county shall prescribe uniform enforced in the same manner as a lien for mort- rates, fees, and charges for the use of the solid gages or in any other lawful manner. waste and resource recovery system. (Laws of Fla. ch. 86-454, § 7) (b) The rates, fees and charges provided for herein shall be sufficient to provide funds needed Sec. 258-33. Services rendered to the county. for the operation of the solid waste and resource Charges shall be made for any facilities or ser- recovery system.Any excess funds generated shall vices rendered by such solid waste disposal and be utilized to reduce rates, fees and charges in resource recovery system to the county, or any subsequent years of operation; and such excess other political subdivision or public body or fees shall not be utilized by the county for any agency, or to any department or works thereof, at other purposes other than for the construction, the rate or rates applicable to other customers or expansion,operation,maintenance and other nec- users of the facilities or services under similar essary expenses of the solid waste disposal and conditions. resource recovery system. (Laws of Fla. ch. 86-454, §8) (Laws of Fla. ch. 86-454, § 5) Sec. 258-31. Annual audit. Sec. 258.34. Grants,loans and contributions. The governing body, or its franchisees or lie- The county shall have the power to contract ensees, shall secure an annual external audit of with any person, private or public corporation, SA258:6 SOLID WASTE § 258-39 the State of Florida, or any agency, instrumen- capital and operating costs of the transfer station tality or county, municipality or political subdivi- shall be borne by the users within that district. sion thereof, or the United States of America, or (Laws of Fla. ch. 86-454, § 11) any agency, instrumentality or corporation of or created by the United States of America, with re- spect to such solid waste disposal and resource Sec. 258-37. Repealing laws in conflict here- recovery system, or any part thereof, and shall with. also have power to accept and receive grants,loans inconsistent or conflictingAn power granted with any such contract, grant, loan or contribu any municipality or other body within the county in its charter or under any general or special act tion, to stipulate and agree to such covenants, is hereby repealed to the extent of such conflict. terms and conditions as the governing body of the county shall deem appropriate. (Laws of Fla. ch. 86-454, § 12) (Laws of Fla. ch. 86-454, § 9) Sec. 258-38. Enforcement. Sec. 258.35. Lease of facilities. The board of county commissioners of Collier The county shall have power to lease said solid County is authorized to institute legal action in a waste disposal and resource recovery system, or court of competent jurisdiction for injunctive or any part of parts thereof, to any person, firm, cor- other relief to enforce the provisions of the Collier poration, association or body, public or private, County Solid Waste Disposal and Recovery Act upon such term and conditions and for such pe- [this article], as same may be amended. riod of time as shall be determined by the gov- (Laws of Fla. ch. 86-454, § 13) erning body. The county shall also, whenever de- sirable,have power to grant permits or franchises and licenses in connection with any of the facili- Sec. 258.39. Prohibiting annexation by mu- ties of such solid waste disposal and resource re- nicipalities; prohibiting fran- covery system and shall have full and complete chise and other fees by munici- power to do all things necessary and desirable for palities. the proper and efficient administration and oper- ation of such solid waste disposal and resource It is the intent of this article to create a coun- recovery system and all parts thereof. The county tywide system for disposal of solid waste and in shall also have the power whenever deemed nec- furtherance of this intent, no municipality shall essary or desirable to lease from any person,firm, annex any real property upon which is located corporation, association or body any facilities of any part of the Collier County solid waste dis- any nature for such solid waste disposal and re- posal and resource recovery system.Provided,how- source recovery system. ever, that said real property shall not be deemed (Laws of Fla. ch. 86-454, § 10) to prohibit annexation of other real property due to a lack of contiguity or compactness as defined Sec. 258-36. Establishment of transfer sta- by F.S. §§ 171.031(11) and (12). Further no mu tions. nicipality shall impose or collect any franchise, or any similar fee, on real property upon which the Where economically feasible or advantageous, Collier County solid waste disposal and resource the governing body may construct transfer sta- recovery system is located. All fees and charges tions in a designated district within the county which may be required by a municipality in order for the purpose of receiving solid waste collected to provide water, sewer or other utility services municipally or privately so that it may be trans- authorized by F.S. § 180.06 to said system are not ported from the transfer station to the disposal prohibited by this section when such fees and site more efficiently. Such district shall be on a charges are based upon established rates commen- self-supporting, cost-recovery basis in the same surate with the cost of providing said services. manner as is provided in section 258-30; and the (Laws of Fla. ch. 86-454, § 14) SA258:7 § 258-40 COLLIER COUNTY CODE Sec. 258-40. Conformance with county, state and federal standards. Any solid waste disposal and resource recovery system as defined in this article shall be operated and maintained in conformity with all county, state and federal standards that have a local ap- plication for the protection of the quality of air and water resources and for the prevention of con- tamination or degradation of soil and land areas and for the enhancement and protection of the environment of Collier County, Florida. (Laws of Fla. ch. 86-454, § 15) Sec. 258-41. Effect of state general laws. The provisions of this article and the powers conferred herein shall not be taken as exclusive but shall be in addition and supplemental to all existing powers vested in the county by virtue of general laws of the state. (Laws of Fla. ch. 86-454, § 16) Sec. 258-42. Antitrust exemptions. For the purposes of providing exemption from federal and state antitrust laws, the exercise of the powers, authorized by this act [article] shall be construed as being"state action" and further- more exempt from and not subject to any of the anticompetitive limitations of federal or state an- titrust laws. (Laws of Fla. ch. 86-454, § 17) SA258:8 Chapters 259-261 RESERVED SA259:1