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Resolution 1992-607 NOVEMBER 10, 1992 RESOLUTION NO. 92- 607 A RESOLUTION ESTABLISHING AND IMPOSING AN ANNUAL SMALL QUANTITY GENERATOR NOTIFICATION AND VERIFICATION SURCHARGE PURSUANT TO CHAPTER 403, FLORIDA STATUTES. WHEREAS, The Florida LegiSlature has enacted statutes providing measures pertaining to the identification, regulation and management of hazardous waste vis-a-vis small quantity generators and county governments; and WHEREAS, Section 403.7234, Florida statutes, and Section 403.7236, Florida statutes, mandates that county governments identify and notify small quantity generators, and verify the management practices of at least twenty (20) percent of the small quantity generators annually, and follow the FDER's guidelines and procedures; and WHEREAS, pursuant to Section 403.7225(17), Florida Statutes, the state legislature recognizes the expense incurred by county governments in the proper identification and notification of small quantity generators of hazardous waste withbn their jurisdiction. When required by the section, the small quantity generators notif ication program required pursuant to Section 403.7234, Florida statutes, and the reporting requirements of Section 403.7236, Florida Statutes, a county may impose a small quantity generator notification and verification surcharge of up to $50.00 on the business or ~ccupational license or renewal thereof of any firm that is idelltified as a small quantity generator of hazardous wastes; and WHEREAS, the Board of County Commissioners of Collier County, Florida has determined that it is timely and appropriate and in the pUblic interest to provide for payment of expenses incurred by county government in the proper identification and notification of small quantity generators of hazardous waste within jurisdiction by the imposition of a small quantity generator notification and verification surcharge. NOW THEREFORE, BE IT RESOLVED BY THE BO~D OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Of "'the statutory mandates 000,,;[175 1. recognition eOOK In imposed on Page 1 of 2 its NOVEMBER 10, 1992 county governments by Section 403.7234 and 403.7236, Florida statutes, and the Legislative recognition of the expenses incurred by county governments in the proper identification and notification of small quantity generators of hazardous wastes within their jurisdictions, there is hereby established and imposed in Collier County, Florida a Small Quantity Generator Notification and Verification Surcharge in the amount Twenty-Eight and nO/100 Dollars ($28.00) upon the issuance of a Collier County occupational license or renewal thereof for any firm that is identified as a small quantity generator of hazardous wastes. 2. The Board of County Commissioners of Collier County expressly finds that the annual Small Quantity Generator Notification and Verification Surcharge imposed hereby in the amount of Twenty-Eight and no/100 Dollars ($28.00) is specifically established and recognized as a reasonable fee to reduce and recover the Collier County government expenses incurred to implement the small quantity generator identification program referenced hereabove. "Surcharge fees not paid when due shall be considered delinquent and subject to a delinquency penalty of ten percent (10\) for the month of October, plus an additional five percent (5\) penalty for each month of delinquency thereafter until paid; provided that the total delinquency penalty shall not exceed twenty five percent (25\) of the surcharge for the delinquent establishment". 3. This Resolution shall become effective immediately upon its adoption. This Resolution adopted after motion, second and majority vote favoring same. DATED"~~~~ ATTEST: ' .. JAMES c. GILES, Clerk ~'~y~hW'_ ~t <;iL , ::; <' { Deput~, e k /ARproved as ~o form and le9~1 ~~fficiency: ,&" h ,-Jt -:i/.. ' ~ ~.&;$ Chief Assistant County Attorney GY:jtg/3626 COMMISSIONERS FLORIDA By: f JOO PI" 176 lOOK Page 2 of 2 of HOVEMBER 10, 1992 AGREEMENT FOR SMALL QUANTITY WASTE GENERATOR PROGRAM SURCHARGE COLLECTION This Agr~eme~t is made and entered into this ~&1 day of ~~992, by and between GUY CARLTON, COTTIer County Tax /ibllector, hereinafter referred to as "TAX COLLECTORtt, and the Board of County commissioners of Collier County, hereinafter referred to as "COUNTY", for the collection of the annual fees for potential 'small quantity hazardous waste generators in Collier County as authorized by Section 403.7264(17), Florida Statutes. WITNESSETH WHEREAS, Sections 403.7234 and 403.7236 Florida Statutes, mandate that county governments identify and notify small quantity generators, and verify the management practices of at least twenty (20) percent of the small quantity generators annually, and will follow the FDER's guidelines and procedures; and WHEREAS, pursuant to Section 403.7225(17}, Florida Statutes, the state legislature recognizes the expense incurred by county governments in the proper identification and notification of small quantity generators of hazardous waste within their jurisdiction. When required to support the local hazardous waste assessments required by the section, the small quantity generators notification program required pursuant to Section 403.7234, Florida Statutes, and the reporting requirements of Section 403.7236, Florida Statutes, a county may impose a small quantity generator notification and verification surcharge of up to $50.00 on the business or occupational license or renewal thereof of any firm that is identified as a small quantity generator of hazardous wastes; and WHEREAS, Section 403.7225(17), Florida statutes, provides authority to a county to contract with or otherwise enter into an agreement with the tax collector to collect the annual small quantity generator notification and verification surcharge; and WHEREAS, it is the intent of the COUNTY to utilize the TAX COLLECTOR's existing uniform method of collecting occupational license fees to collect the annual small quantity generators surcharge/fee. Page 1 of 4 lOOK 000 PAGE 177 NOW THEREFORE, the parties hereto for and in consideration of the mutual covenants and conditions set out herein agree as follow: NOVEMBER 10, 1992 (1) The COUNTY has imposed a small quantity generator notification and verification surcharge on occupational licenses by its Resolution No. 92- and hereby authorizes the TAX COLLECTOR to collect such surcharge upon the issuance of occupational licenses that are identified by the County Manager or his designee as potential small quantity hazardous waste generators. (2) Prior to July 1 of each year, the County Manager or his designee will provide a list of occupational license codes for small quantity hazardous waste generators within Collier County utilizing the TAX COLLECTOR's existing computer data base and/or information management system. The list of affected occupational codes and/or folio numbers shall be in a form and medium acceptable to the Tax Collector. (3) The COUNTY shall have the responsibility for any errors and omissions on the list of occupational license codes. Should the TAX COLLECTOR sUbsequent"y discover errors or omissions on the list, the County Manager or his designee may, at the reguest of the TAX COLLECTOR, file a corrected list for the surcharge assessment on or before August 15 of each year. The County Manager or his designees will coordinate with the Tax Collector or his designees during the year to provide information and correct errors or omissions. (4) The TAX COLLECTOR shall include the annual small quantity generator surcharge fee in its annual billings for the occupational license issuance and renewals and to receive monies submitted therefor. The TAX COLLECTOR also agrees to collect the small quantity generator fee from new occupational license tax applicants identified in section 2 of this Agreement. The TAX COLLECTOR shall provide the COUNTY with a monthly list of facilities for which occupational licenses or renewal licenses have been issued and with information as to whether the annual small quantity generator surcharge fee was paid. The TAX COLLECTOR shall have responsibility for enforcing the collection of small quantity generator surcharge fees which are submitted with the application or renewal forms as part of the occupational license. (5) lOOK 000 ,.d 78 Page 2 of 4 NOVEMBER 10, 1992 Payments which are greater than the amount due will be accepted by the TAX COLLECTOR and a refund issued if the excess is over five dollars ($5.00). Payments which are one dollar ($1.00) or less short of the amount due will be accepted by the TAX COLLECTOR and deducted from the surcharge. The COUNTY shall have the responsibility for refunds that may result from the identification errors of small quantity hazardous waste generators. Surcharge fees not paid when due shall be considered delinquent and subject to a delinquency penalty of ten percent (lOt) for the month of October, plus an additional five percent (5t) penalty for each month of delinquency thereafter until paid; provided that the total delinquency penalty shall not exceed twenty five percent (25t) of the surcharge for the delinquent establishment. The TAX COLLECTOR shall provide the COUNTY a list of all delinquent establishments on or before February 15 of the current ye~r, after which time any proceeding to enforce the surcharge shall be the responsibility of the COUNTY. (6) On a monthly basis concurrent with the occupational license fee distribution, the TAX COLLECTOR shall distribute fees collected pursuant to this Agreement to the Small Quantity Generators Fund of the County, with copy of the statement to the County Manager or his designee. Concurrent with the occupational license fee distribution, returned check fees will be deducted, at the end of each month, from the surcharge distribution. (7) The COUNTY shall reimburse the TAX COLLECTOR for administrative costs in collecting the small quantity generator fees. Such costs shall include, but not be limited to, personnel, supplies, forms, data processing, and programming. Said costs are anticipated to be and shall be provided for by payment to the TAX COLLECTOR of J' subtracted from the total amount collected hereunder. (8) The purpose of this Agreement being to comply with statutory requirements to annually notify and inspect potential small quantity hazardous waste generators and to provide an economical, uniform method of collecting the fees associated with the costs of such inspections, it is hereby declared that no irregularity or illegality in connection with any of the provisions herein shall in Page J of 4 lOOK fJ()(JP1C,l:L jI~ lfOVEMBER 10, 111112 any way affect the validity ~f the levying and collecting of the fees, unless such irregularity or illegality shall sUbstantially affect the rights of the TAX'CQLLE~OR, the COUNTY, or the owners of the facility invo,lved. (9) If any paragraph, sentence, clause, phrase or portion of this Agreement is for any reason held invalid or unconstitutional by any court, such holding shall not affect the validity of the remaining portion, and to this end the provisions of this Agreement are declared severable. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, affixed, day and year first above written. A'l'l'EST: ,.' 'JAMES C. GIL,ES, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER tOUN~Y, FLORIDA BY:~-W ~ MICHAEL J. OLPE, Chairman ;&-f-< .~,~ ~/ : DeRllty k o ' . , " ',II' .,". \' Approved as to form and legal sufficiency: ~~ ;{}..; II DAVID C. WEIGEL,21 Assistant County Attorney TAX COLLECTOR GY:jl\jtg\3625 600! (JOO f:>[ 180 Page 4 of 4 KOVEMBKR 10, 1002 k26-1992 .~ ~..,.~, y 00: 47 FR()1 CCLLIER CO..tHY ~v. SERV. TO (1) Th. C01J1iln h.. imposed 0. .:'\".11 quont.ity venerator notific6~1on and verification surcharge on oCCUpational licen... by -it. re.Olution No. 92- ____ and hereby authoriz.. the TAX COLLECTOR to collect such aurcharge upon the is.uance o! occ~p~tl.n.l lie<<n.., that are identified bv the Coun~y Manaqer or his de.iqn.. OB potential s=&11 quantity hazardoua.,v..t..'9_nerators. (2) Prior to:July 1.ot .ach year, the County Kanaier or hi. d..lgn.. wil1prOvldeo. list of occupational lieenae cod.. for small. QU<<Dt1ty, halardoul waste venGrators ~ithin Collier County utilJ.zin", the TAX COLLECTOR I. 8xi8tin9 coznputer data baa. And/or into~tion ~na9e=ent ayetem. The list of affected oee~po~ion.l codes and/or tolio number. shall ~ 1n ~ forM an4 medium acceptable to the Tax Coll.ctor. (3) 'the COtTN't'Y ahall,', have the reepons1bility for any errore and 0IIl1s.eiona 'on th. list at occupational licens. codata. Shoul~ the TAX COLLECTOR subsequently diScover errors or omisaions en the liat, thl County Manager or his desiinle may, at the r.q~.s~of the TAX COLLtC~OR, !ile. corrected li.e for the .ur~h&rg. a'.ea.ment on or before Auquat IS of each year. The County Han_get or hi, desi9n... will coordinate with the Tax Collector or his dlligo..s ~urin9 'the year to provide 1ntocaation and correct errors or omlllion.. (4) Tho TAX. ~PLL~PR shell include the .,nnua1 small quantity 9,n'f&tQraurcharil fee in it. annual billin9' tor the OCcupational license iaauance and renewal. an4 to receive monies submitted theretor. The TAX COLLECTOR aleo aire.. to collect the SlUll quantity generator tee fro. nl'" occupational licenae tax ~ppl1eant. identified 1n section 2 of thia ^9rl~nt. (5) The TAX COLLECTOR ahall prOVide the COUNTY with a oonthly lilt ot tacilitie, for whiob occupational license. or renewal licena'l hIve D.en ialu.d and with inlormati6n ..-to whether the annual 'mall quantity generator surcharge t.. was paid. Th. TAX COLLICTOR ahall have r..pona1bility lor enforciD9 the collection of small quantity gen.rator aurcharqe lee. which are lubmitted with the application or renewal forma al part Qf the occupational license. Paymenta Vhich are 9r..ter than the ~unt due will be IcC~pteQ by the TAX COLLECTOR and a refund 1tlued if the eXCes, 11 Over five dollar. ($S.OO). Payment. which are one dollar ($1.00) or Ie.. 'hort o{ the amount due will be accepted by the TAX COLLECTOR and deducted frea the Sure ~rge. e COUNTY Ihall have the reapens biller for retun~a that may result from the identltic~tion errors Of Sma quant1ty a~ardou. Waite generator.. Surchar e ""elinquent and ercen t i ve erceht fees sub or t (5' not aid when due shall be considered .ct to. delin uency nalt of ten e ~nt of Octo er, Iu. an add tonal nalt or each month of delin uenc -'- 'lnu 181 ..~~( , iu PAGE P.~2 KOVEMBER 10, 1992 "~26-1992 0':1:47 FR01 Ca...ll ER CO...tHY DEV. SERV. TO thereafter until paid, provided that the total delinquency pena:ty .~all not exce.4 twenty live percent (25') of the 8urchlrqe for the delinquent establishment. The TAX COLLECTOR ahall provide the COUNTY a lilt ot all 4elinquent eatabli.hments on or before FRbruary 15 of the currenc year, aLter WhiCh t~mQ any procee~1n9 to enforce the surcharqa ahall b. the r..Donaibilitv ot the COUNTY. (6) On a monthly b..i. concurrent with the occupational license tee distribution, the TAX COLLECTOR ahall di.t~ibute fee. collected ,pareuant to this Aireement to the Small Quantity G.ner.~or. Fun4 ot the County, with copy of the statement to the CountY,Man.qer or hi. designea. COncurrent with the occupation! license te~ diatribut1on, r.turned ch.e~ teea will be deducted, at the en 0 eac- mont rom t e SUrc arge str ut on. .i, ;~",K r100 PlGl182 - ,;J- P.01