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Ordinance 2009-56 ..'" ' \O'\'\12131<;t A, to OJ ~ l$'i- :l ~~~1 ~ ~ ~ ~~ ~ ~ ^. \ ~ ~ ,,\;"., ",:>W: , ,(}> (' " AN ORDINANCE OF THE BOARD OF COUNTY COMM!SSI~,RS ~ 6'C-" -; , ,;L<6>7 COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO;'2it04-~, '," S~ ,tHE "COLLIER COUNTY NON-RESIDENTIAL "IU;CYCONG ,"'" . . ORDINANCE," BY AMENDING SECTION ONE "INTENT AND PURPOSE", SECTION TWO "TITLE AND CITATION" T() "THE" COLLIER COUNTY RECYCLING ORDINANCE", SECTION1;ffilE~ "APPLICABILITY", SECTION FIVE "DEFINITIONS", SEqTION SEVEN "MINIMUM STANDARDS FOR RECYCLING ON" NON- RESIDENTIAL PROPERTY"; CREATING SECTION EIGHT "MINIMUM STANDARDS FOR RECYCLING ON MULTI-FAMILY PROPERTY", SECTION NINE "MINIMUM STANDARDS FOR RECYCLING AT TEMPORARY EVENTS", SECTION TEN "MINIMUM STANDARDS FOR RECYCLING AT VENUE FACILITIES"; AMENDING SECTION ELEVEN "EXEMPTIONS FROM RECYCLING STANDARDS", SECTION TWEL VE "EXTRAORDINARY AND INNOVATIVE RECYCLING", SECTION THIRTEEN "AWARDS PROGRAM FOR RECYCLING ON NON-RESIDENTIAL PROPERTY, MULTI-FAMILY PROPERTY, TEMPORARY EVENTS AND AT VENUE FACILITIES", SECTION FOURTEEN "RECYCLING EDUCATION AND PROMOTION PROGRAM", SECTION FIFTEEN "EVALUATION OF NON-RESIDENTIAL, MULTI-FAMILY, TEMPORARY, EVENT AND VENUE FACILITY RECYCLING PROGRAMS"; CREATING SECTION SEVENTEEN "TEMPORARY EVENT AND VENUE FACILITY COLLECTION SERVICE AGREEMENTS"; AMENDING SECTION EIGHTEEN "STANDARDS FOR RECYCLING CONTRACTORS", SECTION NINETEEN "SELF-HAULING", SECTION TWENTY "COUNTY RECYCLING CENTERS AND HAZARDOUS WASTE COLLECTIONS", SECTION TWENTY-ONE "VARIANCES", SECTION TWENTY-TWO "INSPECTIONS, ENFORCEMENT, AND PENALTIES", DELETING SECTION TWENTY-THREE "APPEALS"; PROVIDING FOR "CONFLICT AND SEVERABILITY"; PROVIDING FOR INCLUSION IN THE COUNTY'S CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. Ii Ii / " ., ,(",' ~," , WHEREAS, Section 403.706(21), Florida Statutes, authorizes local governments to enact ordinances that require the separation and collection of Recyclable Materials; and WHEREAS, the Board of County Commissioners (Board) enacted the Collier County Non-Residential Recycling Ordinance No. 2004-50, which provides for the collection of recyclable materials generated on non-residential property; and WHEREAS, on December 5, 2006 the Board of County Commissioners adopted the Integrated Solid Waste Management Strategy, which includes source reduction, material reuse and recycling options; and WHEREAS, the Board of County Commissioners wishes to increase recycling in Collier County because recycling will save energy and natural resources, provide useful products, and prove economically beneficial; and WHEREAS, the Board also wishes to continue to increase recycling in Collier County because recycling will help ensure that the valuable and limited disposal capacity of the Collier County Landfill is conserved; and WHEREAS, the Board wishes to implement a more extensive recycling program; and WHEREAS, the Ordinance 2004-50 does not specifically address recycling on multi-family property; at temporary events; or at venue facilities where temporary events may be held; and WHEREAS, the Board wishes to further promote the conservation of valuable landfill disposal capacity by requiring the availability of recycling on multi-family property, at temporary events and at venue facilities; and WHEREAS, the Board finds it necessary for the protection of public health, safety and welfare of Collier County residents to require the recycling of recyclable materials generated on non-residential property, at temporary events and venue facilities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE: Intent and PurDose. It is the intent and purpose of this Ordinance to promote &recycling by: (a) requiring businesses . temDorarv events. venue facilities. and institutions in unittsBF(lOmled Collier County to segregate and recycle as many designated Rrecyclable Mmaterials as DOssible pAlClieallle; (b) recuiri"" multi-familv nroDerties to orovide collection containers and recvclin2 services to residents: (c) -establishing educational programs concerning &recycling; Wil!1 providing incentives and awards programs that will make Rrecycling more attractive to the businesses. multi-familv DroDerties. temDorarv events. venue facilities. and institutions in uninBOF(lBmled Collier County; ~..wJimitiHg the regulalB'Y impaet Bf lhis OF<IinanBB en busineos; and \e) ill.. eliminating potential conflicts between the requirements of this Ordinance and the requirements of the County's Land Development Code. By utiJizing a balanced combination of incentives and regulations~ the Board intends to accomplish its &recycling goals while minimizing the regulatory requirements in this Ordinance. The Board also intends to provide sufficient time for tHe bu.sinesses. multi.familv orooerties. temoorarv events. and venue facilities. IIRd ittotilulions in Collier County to comply with the County's new programs. 2 SECTION TWO: Title and Citation. This Ordinance shall be known and may he cited as the "Collier County NSR ResiaeFltial Recycling Ordinance". SECTION THREE: Applicabilitv. The provisions of +!his Ordinance shall apply to. and be enforced in. Be 8f1J3lieal31e E1Hl) \\ jtJ:JiFJ. the unincorporated areas of Collier County. and in any municioalities within Collier County that alITce to such apolication and enforcement. bv inter-local alUecmcnt between the e.overninll bodies of the municipality and the County. SECTION FOUR: Construction and Interpretation. This Ordinance shall he liberally construed in order to effectively carry out the intent and purpose of the Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, rule, regulation or other authority, this Ordinance refers to the most current version, including and incorporating any amendments thereto or renumbering thereof. SECTION FIVE: Definitions. For the purposes of this Ordinance, the definitions contained in this 8~ection ~ 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 Section 403.7031, Florida Statutes, all definitions in this .s.~ection ~ shall he construed in a manner that is consistent with the definitions contained in Section 403.703, Florida Statutes. In the case of any apparent conflict or inconsistency with the definitions contained in Section 403.703, Florida Statutes, the statutory definition shall apply. A. Board means the Board of County Commissioners of Collier County, Florida. B. Certificate of Operation means the license that a bfontractor must obtain from the County before it can G~ollect -R:recyclable Millaterials in the County. C. Code Enforcement Board means the Collier COllntv Code Enforcement Board. which mav act as the Collier County nuisance abatement board from time to time. and which is authorized to hear and decide cases involvinl! violations of any County Code or Ordinance. eNtity tARt is res]38Asi13le fer eFlfsFeiflg tA8 COUflt) 's 8TEhfl8f1SSS ]3l:l.rsl:uffit te Chap!.r 2, Dn,s;oR 11, of the Code of La" s oRd OrdiRaReos of Collier CoeRI)'. florida, D. Code Enforcement Officer means anv authorized al!ent or emolovee of the Count v whose duty it is to assure code and ordinance comohance. 3 f)E.. Collect means to gathef Of pick up Rrecyclable Mmaterials for transport and delivery to a Rrecycling !'facility. e.E. Contractor means a P-person who Gfollects or transports Rrecyclable Mmaterials~ [rem I>JOR ResiEfeRtial Preperty f"8r praHl. F,G. County means Collier County, Florida. ~H. County Manaeer means the County Manager of Collier County or the County Manager's designee. MI. Customer means an QQwner or Ggenerator that enters into a &~ervice Aggreement with a Gfontractor for Rrecycling services. 11. De Minimis Amount means the amount of~Solid ~Waste which lawfully may be included in separated R[ecyclable Mmaterials. A De Minlmis Amount of Solid Waste is 10 percent, by volume or weight, whichever is more restrictive, as detennined by a measurement or a visual inspection by the County Manager. J-,K. Dwellim! means any building, or part thereof, intended, designed, used, or occupied in whole or in part as the residence Of living quarters of one or more persons, pennanently or transiently, with cooking and sanitary facilities. Such tenn shall not mean a room in a motel or hotel. K:1. GarbalZe means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. hM. Generator means each business, multi-family orooertv. temporary event orllanizer. venue facihty. not- for-profit organization and institution (i.e., all P-persons except individuals) that generates one or more R!ecyclable Mmaterials as a result of its activities~ en ~Jefl Resiaefltlal PrepeFty. N. Hazardous Waste means solid waste. or a combination of solid wastes. which. because of its auantity. concentration. chemical or physical characteristics. may cause or sienificantlv contribute to an increase in mortalitv or an increase in serious irreversible or incapacitatinlZ reversible illness. or may pose a substantial present or potential hazard to human health or the environment when improperl y transported, disposed of, stored. treated. or otherwise manalZed. Hazardous waste includes any material or substance identified as a hazardous waste or hazardous substance in the Florida Administrative Code. Florida Statutes. or other applicable laws. MO Materials Recoverv Facilitv means a &~olid W~aste managemcnt facility that provides for the extraction from ~&o1id '!yWaste of Rrecyclable Mmaterials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. Nf.. Multi-Familv Prooertv mcans a group of three or more dwelling units within a single conventional building, attached side by side, or one above another, and wherein each dwelling unit may be individually owned or leased initially on land which is under common or single ownership. 4 QQ. Non-Residential ProDerty means real property tfl.e.f-...ts located in aft HAiReSF}3eratea area ef Collier County and used primarily for: (1) commerce, including but not limited to offices, stores, Rrestaurants, motels, hotels, recreational vehicle parks, theaters, and service stations; (2) not-for-profit organizations; and (3) institutional uses, including but not limited to governmental facilities, churches, hospitals and schools. The teFffi ~Jen Resisefltial PrsJgert) shall net inell::lde afl) Resieential Units sr l:1Reeyelspea lana. PRo Ordinance means this County Ordinance No. 2004-2Q, as amended. QS. Onzanic Waste means Ggarbage QIiffiEl other similar putrescible S~olid W~aste, including source separated food waste and food-soiled paper. Organic W~aste does not include yard trash. -RI. Owner means a PQerson who owns W!2on-Rresidential pproperty. multi-family property. or a venue facility. An GQwner also may be a Ggenerator. SU. Person means any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, public or private corporation, or other association, or any combination thereof, however organized; any county; and any local, state or federal governmental agency. +,y. Primary Recvc1able Material means a Rrecyclable Mmaterial that is a Pers8J'I generategs 8F! Nan Resia!.mtial Pi"oflerty inJill amounts greater than 96 gallons per month. -yw. Recovered Materials means metal, paper, glass, plastic, textile, or rubber materials that have.J! known Rrecycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the S~olid W~aste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constltutes disposal. &Recovered Mmaterials as described above are not S~olid W~aste. \LX. Recovered Materials Processine Facility means a facility engaged solely in the storage, processing, resale, or reuse of Rrecovered Mmaterials. wy. Recyclable Materials means those materials that are capable of being Rrecycled, which would otherwise be processed as S~olid W~aste, and are designated by the Board pursuant to Section Six (; of this Ordinance. .xZ. Recyclable Materials Container means any container for the collection of recyclables. includine but not limited to. recycline bins. recycline carts. dumpsters. roll-offs. or comoactors. eOJ(, HiB, sr other eSHtainer that is made of metal, hard plastic or other similar material. Containers must be constructed in a manner that protects property and the environment from leakalZe. soillal2:.e. and overflow of any tvoe ofrecvclablc materials. aAa is s1:iitable fer tRe eelleet18R sf Ree) elsele Materials. ~AA. Recycl1TIl! means any process by which S~olid W~aste, or materials which would otherwise become S~olid W~aste, are collected, separatcd, processed~ and reused or returned to use in the form ofraw materials or products. 5 :6BB. Recychne: Facility means any facility that recycles Rrecyclable Mmaterials, including but not limited to buy back centers, drop-off centers (both permanent and mobile), designated County Rrecycling f.eenters, Mmaterials &recovery Ffacilities and R[ecovered M!!J.aterials PI!rocessing .J":facilities. AACC. Residential Unit means a single-family residence, or duplex residence~ aHa a P1Hlti family ResiaeHee. &BDD. Restaurant means any bar, tavern or other eating or drinking establishment where food or beverages are prepared, served, or sold for profit, either for immediate consumption on or in the vicinity of the premises, or called for or taken out by customers, or prepared prior to bcing delivered to another location for consumption. GGEE. Self-Haulin2 Certificate means a written certification by an QQwner or gGenerator that attests 6sHHFffliHg that the GQwner or Ggenerator is collecting and transporting Rrecyclable Mmaterials to a Rrecycling .J":facility. OOFF. Service AllTeement means a written agreement between a bf.ontractor and an GQwner or Ggenerator concerning the collection of Rrecyclable Mmaterials. &eGG. Solid Waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or Ggarbage, rubbish, refuse, special waste, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Solid waste includes but is not limited to bioloe:ical waste. biomedical waste. bulk waste. C&D debris. commercial waste. disaster debris. electronic eouipment. e:arba2e. hazardous waste. land clearin2 debris. ore:anic waste. radioactive waste. recvclable materials (until thev are recvcled)' reiects. residential waste. residue. rubbish. special waste. tires. white e:oods. and yard trash. ~HH. Special Malristrate means a person authorized by the Board to hear and decide cases involving violations of any County codes and lor ordinances. !I Substantial Hardshio means a demonstrated economic, technological, legal, or other type of hardship. JJ Temporary Event means anv event reouirine: (I) a permit or license pursuant to Chapter 10 of the Code of Laws and Ordinances of Collier Countv. Florida: or (2) a permit pursuant to Section 5.04.05 or 5.04.06 of the CoWer Countv Land Development Code; or (3) any event reouirin2 a permit or license from the Health or Fire Deoartments. KK Venue Facility means any buildinl! or other oermanent facility used for temoorary events. A venue facillty may be owned by the 2overnment. a oerson. or a non-profit onmnization. SECTION SIX: Desil!nation of Recvclable Materials. For the purposes of this Ordinance, Rrecyclable Mmaterials means- paper, cardboard, glass, plastic (Nesnumbers. through 7), aluminum, and ferrous metal. The Board may designate other materials (e.g., GQrganic W~aste) as Rrecyclable Mmaterials if the Board dctermines that a market exists for such materials and a cost-effective system is in 6 place for Rrecycling such materials, Materials shall be deleted from this list of Rrecyclable M!1]aterials if the Board determines that a market no longer exists or a cost-effective system is no longer in place for Rrecycling such materials. SECTION SEVEN: Minimum Standards for Recvclin~ on Non-Residential Property. A. Each GQwnef shall: (I) provide R!ecyclable Mmaterials bfontainers on the GQwnef1s Nnon- Rresidential P12fOperty so the Ggenerators located on the GQwner's Nrron-R[esidcntial P,Qroperty may recycle all of the R!ecyclable Millaterials that the GgeneTators have designated pursuant to Subsection .:;z.Seven ;B.,., below; and (2) arranee for -bfollection services of recychnS! --the materials placed in the Rrecyclable Mmaterials ~ontainers or self-haul and transport those materials to a Rrecyc1ing .J<facility. B, Each Ggenerator shall dilig...tl) attempt te recycle all of the I'l!rimary Rrecyclable M!1]aterials that it produces. At least once each year, each Ggenerator shall: (I) consider the list of Rrecyclablc Mmaterials designated by the County pursuant to Section eSix of this Ordinance; -(2) consider the types of Rrecyclable Mmaterials generated by its activities on Nnon-Rrcsidential Pnroperty; (3) identify the PRrimary Rrecyclable Mmaterials that the Ggencrator produces; and (4) identify (i.e., designate) the PRrimary Rrecyclable Mmaterials that the Ggenerator wHt must recycle. Thereafter, each Ggencrator shall separate the designated Pgrirnary Rrecyclable Mffiaterials from the Ggenerator's 8.~ohd W~aste, and the Ge'R€fBteT sRall place the designated PQrimary Rrecyclable Mmaterials in Rrecyclable Mffiatefials Gfontainers provided for collection. C. If a Ggenerator's activities do not produce any ~rimary &recyclable Mmaterials. the Ggenerator shall designate and recycle one or more Rrecyclable Mmaterials in the manner described in Subsection -7Seven ~B, above. unless the Ggenerator is exempt pursuant to Subsection &. Eleven ~A, below. D. Each Ggenerator shall coordinate with the QQwner of the Wnon-R[esidential Pyroperty where the Ggenerator's activities occur, and each GQwner shall coordinate with the Ggenerator~s-on its Nnon-Rresjdential Pyroperty, to ensure that the Ggenerator's Rrecyclable MDJaterials are taken to a Rrecycling I<facihty. E. No P12erson shall dispose of Rrecyclable Mmaterials that have been separated from g~olid W1Yaste pursuant to the prs\'isisRs of Subsections -7 Seven .B or :+Seven ~C, above. F. No P12erson shall place g~olid W!yaste. or hazardous waste in a &recyclable MDJaterials bfontainer. G. No P12erson shall cause litter or a nuisance. Each PQerson shall take all necessary steps to ensure that their own Rrecycling activities do not cause litter or a nuisance. Each PQerson shall immediately pick up any htter and eliminate any nuisance caused by their ewfl-activities. H. Each QQwner shall, upon request, provide the County Manager with a copy of a g~ervice A~reement,.....Q[ g~elf--l=lhauling ~ertificate with recelots from a recvcline facilitv, or otHer aOe1:l.FAeRt (e.g., reeeiJ3t from a Re~)eliRg 7 Facility) demonstrating that the PQrimary Rrecyclable Mmaterials generated on the GQwner's Wrron-Rresidential P-Qroperty are being taken to a RIecycling ~facility. The S~ervice Aweement,....QL -S~elf-Hhauling bfertificate, sr etner aeeHmeRt shall he available for inspection by the County Manager at the GQwner's Wrron-Rresidential P-Qroperty durinR--normal business hours. The GQwner atse shall mail or deliver these documents to any Ggencrator located on the GQwner's Wrron- Rresidential Pnroperty, within fourteen (14) days, if the Ggenerator requests the documents. I. Each Ggenerator shall, upon request, provide the County Manager with a copy of a S~ervice Aweement. or a S~elf.Mhauling Gfertificate with receipts from a recyclin2 facility, ar etAef assl:imeflt (e.g., reeeiJ3t fFem a Res)'eliRg faeilit)) demonstrating that the Ggenerator's P-nrimary Rrecyclable M!!laterials are being taken to a Rrecycling ~facility. The S~erY1ce Aggreement,..QL --S~elf-#hauling Gfertificate, and -eF-other document~ shall be available for inspection by the County Manager at the Ggenerator's :Nnon-Rresidential PQroperty during the Ggenerator's normal business hours. J. An GQwnef may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a Gfontractor or other P-Qerson who complies with the requirements of this Ordinance. However, notwithstanding anything else contained herein, the QQwner shall bc responsible for ensuring and demonstrating its compliance with the requirements of this Ordinancc. K. A <;Jgenerator may satisfy its obligations under this Ordinance by performing the required activities itself or by using the services of a ~ontractor or other P-gerson who complies WIth the requirements of this Ordinance. However, notwithstanding anything else contained herein, each Ggenerator shall be responsible for ensuring and demonstrating its compliance with the requirements of this Ordinance. SECTION EIGHT: Minimum Standards for Recvclinl! on Multi-Familv ProDertv. A. Each owner shall: (I) provide rccyclable materials collection containers on the owner's multi-familv proDertv: and (2) aITan2e for recvcline collection services. B. Each owner shall display prominent si211alZe indicatin2 the location of reCYChnlZ collection container locations. C. Each owner shall orovide printed recyclin2 education informational materials to residents at a minimum of two hmes Der year. 8 D. No person shall dispose ofrecvclable materials that have been separated from solid waste. E. No oerson shall place solid or hazardous waste in a recycline: collection container. F. Each owner shall take all necessary steps to ensure that recycline: activities do not cause litter or a nuisance. Each owner shall immediately pick-up any litter and eliminate any nuisance caused by any recvcline: activity. G. Each owner shall annually provide the Collier County Solid Waste Manae:ement Department current contact information for all multi-family property. H. The County's exclusive franchised contractor for the collection of residential orol!ram recvclables includes the collection of program recyclables e:enerated by those customers that occuov multi-family residences. even if the customers receive non-curbside residential collection service. SECTION NINE: Minimum Standards for RecvcliOl! at Temoorarv Events. A. Anv person seekine: a permit for a temporary eyent within Collier County shall complete and submit with their oermit application the Solid Waste Manae:ement Department's Temoorary Special Event Recvcline: Plan. In addition. promotional literature. sign age and temoorary event announcements shall contain information about recvclinl! at the temporary event. B. The Solid Waste Manae:ement Deoartment shall reyiew the Temoorary Soecial Event Recycling Plan and determine whether the plan includes reasonable measures to promote recycline. esoeciallv for oaner. cardboard. and beveraee containers made of olastic. elass and aluminum. c. The County Manaeer shall be allowed to attend the temoorary event at no charee. solely for the ouroose of assistine with and verifvine the recvcline efforts. AD. If the temoorary eyent will not lZenerate more than one ninety-six (96) eaUon container ofnon-seoarated solid waste for disposaL a administrative variance may be reQuested from the reQuirements to collect recvclable materials. The County Manaeer will establish a procedure for the consideration of an administrative variance from the reauirements in this section if the County Manaeer concludes a good faith effort has been made to satisfy the requirements herein. E. The oermittee shall provide at least one recvclable materials collection container for each solid waste container provided at the temoorary event. The recyclable materials collection containers shall be clearly labeled and placed in the same locations as each solid waste container. The oermittee shall arrange for the contents of the recvclable 9 materials collection containers to be delivered to a recvcline center or similar facilitv. G. If the Dermittee self-hauls recvcIables from temDorarv events to a recvcIine center or similar facility. the rermittee shall deliver a CODV of the recvcline center/facility receiDt to the Solid Waste Man8l!ement Deoartment bv fax. email or mail within 30 days of the event. H. All temDorarv event onzanizers are encourll2ed to bold a Dre-event recvcIine workshoD for vendors and volunteers, SECTION TEN: Minimum Standards for Reevcline at Venue Facilities. A. The owner of each venue facilitv shall oreoare and imDlement a Temoorarv SDecial Events Recvcline Plan. The TemDorarv Soecial Events Recvcling Plan shall reauire recvcIine durine each temoorarv event and other lawful uses of the venue facility. The Temoorarv Snecial Events Recvcline Plan must be submitted annuallv to the Solid Waste Man8l!ement Deoartment. The County Manager shall review the TemDorarv Snecial Event Recvcling Plan to determine whether the Dlan includes reasonable measures to encourae:e recvclio2. At a minimum. the TemDOrarv 80ecial Event Recvcline Plan shall be desilmed to oromote recvcline of Daoer. cardboard. and beveraJle containers made of olastic. 21ass. or aluminum. The owner of a venue facility shall be resDonsible for ensurine that the Temoorarv SDecial Event Recvcline Plan is imolemcnted when the venue facility is used. B, Venue facility manaeers are encourll2ed to hold a ore-event recvcline workshoo for vendors and volunteers. SECTION IUCHT ELEVEN: Exemotions from RecvcliDl! Standards. A. Notwithstanding any ellter pfElvisien hefElin, a Genoflltor shall bo o"llRIJlt fmm tho ..~ui_onls in Sealien 7 ef tRis Ordinanee if the GeaeFater 115$ Be mere tRBft eRe eaataiBer fer the EHSJ38Sal of its Selid v.'85te, tHe S8RtaiRer'S .ap..,ily is no gFOater lItoo ninety Sill (96) gallens, lIRd tile .emoots ef lito .onlainer "'" .elleated no me.. than I"''' (2) times I'er '.veek. An exemotion may be allowed where comDliance with the ordinance would result in unnecessary hardshio to the business and the need for an exemotion would not be shared generallv bv other businesses. All exemDtions are to be construed as temDorarv. for a Deriod of one II) vear. and shall be considered withdrawn on the fIrSt to occur of (a) a chanJ!e in the condition{ s) which oromoted the exemotion. or (b) the exoiration of the time oeriod 2I'aOted in the exemotion. Should an exemotion be withdrawn because the time oeriod has exoired. an aoolicant may saDlv for renewal of the exemotion. B. Notwithstanding: anv other Drovision herein. an owner shall be exemot from the reouirements of this Ordinance if; (I) all of the eenerators on the owner's non-residential orooertv are exemot from or not reouired to comDlv 10 with the rovisions of this ordinance or 2 nmar rec c1able materials are not bein enerated b an activities occuninlZ on the owner's non-residential Dfooertv. :B~. Notwithstanding any other provision herein, a (;generator shall not be required to recycle a Rrecyclable Mmaterial if the Ggenerator demonstrates to the County Manager that there is no collection service or etAer eest effeetivc system available for Rrecycling such material. C. }Olet.. itAstanai"Rg any etAer ",re'isien Aerein, Bfl O\YFler sAall Be eJ(8mflt from tAe FeEjl:lirements in Seeti8R'7 BftAis OnhRBnee if: (1) all eftAe GeReraters en #Ie O\'.'ner's tIeR Residential PrefleFty are ei(empt frem erflet requ-ires te eemfJly \\ itA tAt! flre':isieRs 8f Seetien 7; Br (2) Pflmar) Ree~'ela13le MateFials are Rat 13eing generates 13,)' fm)' aetivities eeeHFRflg OR tAe O\'.'Fler's NeR ResiElefltial PreJ3eRY. SECTION NlNETWELVE: Extraordinary and Innovative Recvclin2. A. All 9Qwners, ftftd...(;generators, and any oerson orlZanizinl! a temoorarv event. including those who are exempt from some or all of the requirements in this Ordinance, are encouraged to recycle all of their Rrecyclable Mmaterials,:., espeeiall) alumiRum eans, flRfJer, aRa eanlSBara. B. Owners, afHl.-Ggenerators. and any oerson orlZanizinlZ a temoorary event are encouraged to work with the County to develop new and innovative methods to recycle other Rrecyclable Mmaterials, such as GQrganic W~aste. C. All municipalities in Collier County are encouraged to adopt and implement Rrecycling programs for the 8\:1.sinesses ana institutiBflsnon-residential orooerties. multi-familv orooerties. temoorarv events. and venue facilities located within the ifl6eF)3Brated areas Elf tAe CeHRtymunicinalities' comorate boundaries. If requested, the County Manager shall provide advice and technical assistance with the development of the -Rrecychng programs for these municipalities. SECTION l'ENTHIRTEENf Awards Prol!ram for Recvclinl! on Non-Residential Prooertv.. Multi-Familv Property. Temoorarv Events and at Venue Facilities. The County Manager is hereby authorized to establish and implement an awards program to recognize GQwners, ilflti Ggenerators. and any nerson orlZanizinl! a temoorarv event -in the County-wfl.e that implement~ exceptional or innovative Rrecychng programs for Nrron.Rrcsidential Pl!roperty. multi-familv orooerty. at temoorarv events and at venue facilities. SECTION ELEYENFOURTEEN: Recvclin2 Education and Promotion Pr02ram. The County Manager is hereby authorized to establish and implement a Rrecycling education and promotion program for GQwners, an4-Ggenerators. and anv nerson orlZanizinlZ a temoorarv event -in the County. The education and 11 promotion program may include, but is not limited to, public workshops, public service announcements, multi-media advertising, and dJrect mailings concerning the methods and benefits of Rrecycling on N!2on-Rresidential PgropertYl multi-family orooerty. temporary events and venue facilities. SECTION TWEL VEFIFTEEN: Evaluation of Non-Residential. Multi-Familv. Temuorarv Event. aod Venue Facility Recvcling: Pro2rams. As needed, the County Manager shall provide a report to the Board concerning the County's Rrecycling program for N!2on-R[esidential Pgroperty. multi-family prooerty. temporary events and venue facilities. -The report shall address the effectiveness of the County's Rrecychng program~ for -Nnon--R:residential Pgroperty, multi-family property. temoorary events and venue facilities. the general costs and benefits associated with thi-sese -program~, and any changes that should be implemented to improve the effectiveness of the program~. SECTION THIRTEENSIXTEEN: Recvclinl! Service Al!reements. A Gfontractor shall provide a written g.~ervice Aweement to a Gfustomer before the ~ontractor begins to collect that Gfustomer's Rrecyclable Mmaterials. The g.~ervice Aweement shall describe the services to be provided by the ~ontractor, the fees to be paid by the Gfustomer, and the other terms of the parties' agreement. SECTION SEVENTEEN: Temporarv Event. and Venue Facility Collection Service Al!reements. Any contractor engae:ed bv the ofl!anizer of a temoorarv event to provide solid waste and/or recyclinu: collection service is reauired to submit a copy of the invoice to the Solid Waste Manae:ement Deoartment within thirtv (30) days after submittal of the invoice to the contracting Dartv. Each invoice will contain an estimate of the municioal sohd waste and/or recyclables e-enerated at the event. SECTION FOURTEE~EIGHTEEN: Standards lor Recvclinl! Contractors. A. The County Manager shall aoprove a standard form that will he used as the County's Certificate of Operation. The Certificate of Ooeration shall contain the conditions and limitations that are deemed aoprooriate by the County Manager. The Certificate of Ooeration shall remain in effect for a oeriod of one (I) vear. and must be submitted annuallv from the date of submission unless the Board aooroves a lonller duration bv resolution. AB.. No p.Qcrson may Gfollect or transport Rrecyclable Mmaterials in the County for profit unless such P.eerson has obtained a Certificate of Operation from the County's Solid Waste Manallement Department. However, a certified Rrecovered Mmaterials dealer, as defined in Section 403.7046, Florida Statutes, is not required to obtain a Certificate ofOperahon before engaging in business in the County. 12 B!:.. A not-for-profit Pll.erson is not required to obtain a Certificate of Operation before collecting Of transporting Rrecyclable M!!!aterials in the County. G,Q. Any Pll.erson may file an application with the Solid Waste Manaeement DeDartment CeHflty Maflager for a Certificate of Operation. The appl1cation shall be submitted on ftthe form prepared by the County Manager. The applicant shall provide all of the information and documentation tfl..at-ts requested by the County Manager, including but not limited to the following: 1. The name, address and telephone number of the applicant; 2, A description of the vehicles that the applicant will use to bfollect Rrecyclable Mmaterials, including the make, model, and serial number of each vehicle; and 3. Certifieates Elf iflsl:lraRelE! semBRstratiflg that the aJ3Pl1s8flt has the fallEl....iRg miflimHfR iRsHraRee (leverage: eefflmereial gefleral liabihty iRsl;J.TaRee sf at least $ I ,099,009; !:msiRess al;J.teffl8bile liability iFlsuF8flee ef at least $1 ,999,909; v:ar~(ers' eom)3lE!flsatiefl iRsl:lraflee ef at least tl=le statHtery limits, Hflless eth8rv. JSB previses by state la\\; ana l:ifRbfella liability iRsl:iraflee sf at least $2,999,999. The eeftifieates ef iflsl;J.raRee sl=la11 state that the CSl:lflty will reeeive at least 39 says' \VAttefl RetielE! Berere eafleellatisfl aT resuetieR Elf 6S\erage. The eeftifieates af iRsHFBflee sflall iRsieate that the Bears is a Ramed iRsHrea in all afthe iFlSl:lfaRSe pslieies reEjl;l.irea by this OraiflaRee, v. itA the eJleeptisFI of wSTlteFs eempeflsatisR. 4J. A written statement certifying that the applicant has reviewed and will comply with all of the requirements in the CertIficate of Operation and this Ordinance. .QE.. If the County Manager determines that the applicant complies with the terms of this Ordinance and all applicable laws, the County Manager shall grant a Certificate of Operation. The County Manager shall deny an application for a Certificate of Operation if the County Manager determines that the applicant does not comply with the terms of this Ordinance or other applicable law. The County Manager may revoke a Certificate of Operation if the County Manager determines, after providing notice and an opportunity for a hearing, that a Gfontractor has violated the provisions in a Certificate of Operation or any applicable law. ef. The CSl:lflty ~1aRager shall &flpre\e a standard feR'FI tAat ':.i11 Be Hseel as the CSHfltj '5 Certifieate sf OJ3eratisfl. The Ceftifieate sf OperatisR shall esntaiR tAe esmhtieRs ftfId IimitatieRs that are aeemea apJ3rspriate B) tAe .BeRrd. The Ceftifieate sf OJ3eratieR SA all remaiH iH effeet fer a J3eried sf eHe (I) year, Hflless thE! Baara aPJ3rs\ es a leRger dl:lratien by resell:!tiofl. F. A bfontractor shall provide each of its bfustomers with Rrecyclable Mmaterials bfontainers that are sufficient to accommodate the quantity and types of Rrecyclable Mmaterials that will be recycled by the bfustomer. G. A bfontractor shall conduct all of its activities in accordance with all applicable laws and best I3 management practices. A ~ontractor's vehicles, equipment~ and collection containers shall be kept in a clean and well- maintained condition. H. A Gfontractor shall not take a Gfustomer's Rrecyclable Mffiaterials to a landfill or other site for disposal, unless the Gfontractor has received a variance pursuant to Section Mil of this Ordinance. I. Unless exempt from this requirement pursuant to Chapter 62-722, Florida Administrative Code, a Gfontractor shall provide quarterly reports to the County identifying, at a minimum, the types and amounts of Rrecyclable Mmaterial it collected, and each Rrecycling Ffacility to which the Rrecyclable Mmaterial was taken. The County Manager may require the Gfontractor to provide such other infonnation as the County Manager reasonably dctennines is necessary, provided such request is consistent with the provisions of Chapter 62-722, Florida Administrative Code. J. A contractor shall not provide collection services prior to 6:00a.m. or after 6:00 p.m. for a oropertv located within two hundred 200 feet of a dwellin unless otherwise authorized b the Count Mana er. Contractors ma rovide services at other locations at any reasonable time. subiect to aoproval by the Countv Manaeer. Contractors shall not provide collection services on Sundays unless otherwise authorized bv the County Manal!er. SECTION FIFTEENNINETEEN: Self-Hauline. A. If an fJQwner Gf.ollects the Rrecyclable Mffiaterials generated on its Nnon-Rresidential PJ2roperty......M temoorary events. or at venue facihties and transports those materials to a Rrecycling Ffacility, without using a bfontractor, the GQwner shall, "peR reElHest, prepare a Self-Hauling Certificate for the County Manager. B. If a Ggenerator bfollects and transports its &recyclable Mmaterials to a Rrecycling Ffacility, without using a bfontractor, the Ggenerator shall, HJ38R reEll:Jest, prepare a Self-Hauling Certificate for the County Manager. C. The County Manager shall approve a standard form that shall be used as a Self-Hauling Certificate, At a minimum, the GQwner or Ggenerator shall provide the following infonnation in the Self~Hauling Certificate: 1. The name, address~ aHEI telephone number and email address of the GQwner or Ggenerator that is signing the Self-Hauling Certificate; 2. The address of the Nrron-Rresidential PJ2roperty. temporary event or venue facility where the R[ecyclable Mffiaterials are generated; 3. The names of the Ggenerators that are transporting Rrecyclable Mmaterials pursuant to the Self-Hauling Certificate; 4. A brief description of the activities or businesses that are generating the Rrecyclable Mmaterials; 5. A list of the types of Rrecyclable M!!laterials that are being transported and an estimated 14 tonnaee or yardaee value for each hue of recyclable material beine taken from the non-residential orooerty. temoorary event. or venue facilitv to a recvcline center: €i. for eae'" tjfle Elf Reeyelable Material, the amSI:lRt that is beiflg takeR frem tRe Nan ResiaeRtial Pi'sJ3eFt) te a ReeyeliRg Faeility eaeh R'lsRth; +-'L-The name and address of the R[ecycling Ffacility; and .g..,.~ The Occupational License number(s) for the ~non-R[esidential Pl2.roperty or venue facilitv. and/or event oermit number{s) for temoorarv events. D. The Self-Hauling Certificate shall contain a written statement, signed by the ~wner or Ggenerator, certifying that the GQwner or Ggenerator is in compliance with the requirements of this Ordinance. E. The County Manager may restrict or prohibit self-hauling by a Pgerson if the County Manager determines, after providing notice and an opportunity for a hearing, that the Pl2.erson's self-hauling activit1es violate the provisions of this Ordinance or any other applicable law. SECTION SIXTEENTWENTY: County Recvclin2 ~Centers and Hazardous Waste Collections. A. The County has established recycling centers for the benefit of the community. The County may impose conditions and limitations upon any Pl!erson that wishes to use the County's recycling centers, including limitations on the types and amounts of R[ecyclable Mmaterials that will be accepted at the recycling centers. The County also may charge fees for the use of its recycling centers. The conditions, limitations, and fees applicable to the recycling centers shall be established by resolution of the Board. B, The County may maintain Hazardous Waste Collection Centers and may. periodically. host soecial roundups to accept hazardous materials from residents. includine phannaceuticals for Ooeration Medicine Cabinet for proper disposal. C. Conditionally exemot and small Quantity lZenerators mav brine hazardous materials to the recyclinlZ centers upon aopointment with the hazardous materials collection and/or disoosal companv. Acceotance of the hazardous materials and oayment for this service will be the responsibihtv of the hazardous material collection and/or disposal company and the l!enerator. ,Q.12.. A Gfontractor shall not deliver Rrecyclable M!}1aterials or g~olid W~aste to the County's recycling centers, unless the deliveries are approved in advance by the County Manager. SECTION SEYENTEENTWENTY.ONE: Variances, A. The County Manager shall grant an administrative variance from the requirements in this Ordinance 15 when an GQwner, Ggenerator or other PQerson demonstrates that the application of the Ordinance would create a S~ubstantial Hhardship, B. Any GQwner or Ggenerator who demonstrates that, duc to site specific conditions, the GQwner or Ggenerator cannot simultaneously comply with this Ordinance and the provision of any section of the Collier County Land Development Code or the provision of a duly adopted planned unit development, may seek a variance pursuant to Section 9.04.00 of the Land Dcvelopment Code. In the alternative, the County Manager may grant an administrative variance from the requirements of this Ordinance. C. An application for an administrative variance pursuant to this Ordinance SHBsest18fls 17./". er 17.B, ab&.<e, shall be submitted to the County Manager on a form prescribed by the County Manager. An application for a variance from thc County's Land Development Code pursuant to SHBseetisH 17.Bthis Ordinance~, shall be governed by Section 9.04,00 of the Collier County Land Development Code" The fee for a variance shall be established by resolution ofthc Board. D. Pursuant to Scction Five of the 2004 Land Development Code adopting Ordinance (Ordinance No. 2004 - 50), the requirements of Section 4.05.04 (minimum requirements for parking spaces) and Section 4.06.00 (minimum requirements for visual scrccning) of the Land Development Code do not apply to a P-Qerson that filed an application for a site plan approval before Julv 29.2005 the effective enforcement date of this Ordinance, but only if and only to the extent that the PQerson's compliance with this Ordinance precludes the PQerson from complying with the requirements in Sections 4.05,04 and 4.06,00 ofthe Land Development Code, SECTION EICIITEENTWENTY- TWO: Insoeetions. Enforcement and Penalties. A. The County Manager is authorized to conduct inspections on Nrron-&rcsidential Pgroperty. multi- familv prooerty. at temoorary events and at Ycnue facilities for the purpose of determining wAether 8. PersBfl is iR compliance with the requirements of this Ordinance. The County Manager also is authorized to inspect any vehicle, equipment or collection container used to ~ollect or transport Rrccyclable Mmaterials in the County for the purpose of ensuring that the vehicle, cquipment or containcr is not producing Iittcr or leaking liquids or other residuals during transport. B. It shall be prima facie cvidence of a violation of this Ordinance if an GQwner or Ggenerator fails to have a Rrecyclable Mmaterials collection bfontainer in use on their ~non-RresidentialP-Qroperty. multi-family oroperty. temoorarv event or venue facilitv. C. To provide the public with a reasonable opportunity to comply with this Ordinance, the County shall not seek any penalties for violations of this Ordinance amendment that occur within ~six months of the effective date 16 of this Ordinance amendment. The deadline for compliance with this Ordinance may be postponed by resolution of the Board. D. The County Manager shall have the power to enforce the provisions of this Ordinance through the County's Code Enforcement Board or Soecial Mal!istrate usinl! the enforcement orocess and oenalties established bv the Collier County Consolidated Code Enforcement Ordinance. as it may be amended or renlaced. The County Manager also may enforce this Ordinance by using any other enforcement procedure that is approved by the Board in the future pursuant to a CountyeQrdinance. SECTION NINETEEN: c'.BBe.ls. A. The C8HRty HaRager is heres)' g:r:aRtea tfle aHthsfit) ts reseh e all)' EiUestisRS eSfleeming the fJreJ3E!r iHte'FflretatisR ana aflfJlieatieA sf this OrsiAanee. B. ,A.A) el.eeisieA oftl=le CSUAty MaAager HAser this OnliRaRse ma) he 8:J3fJealea te the Baara. ,A.A)' apfJeal shall be iRitiateel. by filiFtg a 'YFit:teA fJetit18A "'ith the CSHflt) Manager 'i'HhiR teA (19) says after tAe CSURt) Memagsr lssHes a iiRtten aeeisien eSAE,eming tke matter iR EhsfJute. The fJetitisA sAall aessFihe the fasts aRB issues lR disfJHte 8flB shall e1CJ31aiA 'HAY tke l3etitiefler is efltitlea ts relief. The l3etitisf\ shall be presefltea ts the Beara f-er its eSflslaeratieA as eJtfJeaitieusly as flsssible, but the petitisRer shall 8e gi':eA at least teA (19) days ae':aRes Aetise sf the Beare's meeting eeRsemiRg the l3etitieR. .A.t the Baars's meeting, the fletitiefler sAall haye the I:HJTBErR sf pre,> iAg tAat it is efltitlea ta tHe relief reEiHested. SECTION TWENTY, Se./erahilil\'. If any elaHse. seetieR or fJrevisisR sf this OreiRafH:e shall be aeelarea te be HReeRstit1:itisnal er iR :alid f-er BR) sause aT reaS8f\, the same shall he elimiRated frBm this Ordil"l8f1se BRei the remaiRiRg peRisR sf this OreiRaRee 151:1811 88 iR full feree BAB eff-eet aRe be as valid as if sHeh invalid I3SRiSR thereefhae Ret BeeR lnseFJ3eratsa tl:lerein. SECTION TWENTY4NETHREE: Conflict and Severabilitv, In the eyent this Ordinance conflicts with any other ordinance of Collier County. the more restrictive shall aooly. Ifanv ohrase or oortion of this Ordinance. or the oarticular aoolication thereof. shall be held invalid or unconstitutional bv an court administration a enc or other bod with a ro riate 'urisdiction the remain in section subsection sentences clauses. or ohrases and their aoolication shall not be affected therebv. The pf8i isieFls af 8fl)' etker Callier CS1:IRt)' OrdiAaf!ee tRat are ineaRsisteRt Elr if! E'eJ'If.liet with the prEl' isiaRs af tl1is Oraimm.ee are superseees. te the enteRt Elf sHel:l iAeeFlsisteney €IT eeFlf.liet, er .....ai, ed i', ReA tl:te suBjeet sf a ..arianee grantee I3l:1rsHaflt te Seetisn 16 eftkis OreiAaflee. 17 SECTION TWENTY-+W GFOUR, 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 sections of the Ordinance may be renumbered or relettered to accomplish this goal, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY TIIREEFIVE: 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, day of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collicr County, Florida, this .,' ,,;"~\ ~\'~" '," 'f..." ,," . \}J',~PJ 1',\...." ATTE'S'~,l. .........,:., "', .[';;~ .' . ,.,.., . DWIQijtE;WWCJ).,btE~ ~\) .' '1 I , ~~' " :"> .'i. I',. :,c, BOARDl1f OC TY COMMISSIONERS OF COLLI OUNTY, FLORID! _ ~~..~~ By; DONNA FIALA, CHAIRMAN " ti . , 'I"'~~. j','Z\{' Approval as to form an gal Sufficiency: Jennife~"!?~~ Assistant County Attorney Th's ordinance flied with the St.o:"!la/Y of !ita...s Office the ~~ of lVCIIUlIM.; :UC"l and oclc.nowledgement of that filing rteelved this ~ day f~ '2oo><t ~ o BY ;'1~~ 18 -'-'~".'--___'M~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-56 Which was adopted by the Board of County Commissioners on the 27th day of October, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of October, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to l?oi3<~:Jot" '...' '/, County commis~,~~per's" ' BY~~~ Deputy ClerK!'" ,'"' _.._.~--,..._-_.~_._-,-