Ordinance 2013-08IAN 2 4 2013
P6
ORDINANCE NO. 13 - o8
AN ORDINANCE AMENDING ORDINANCE NUMBER 89 -05,
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE SOLID WASTE SUBELEMENT OF THE PUBLIC
FACILITIES ELEMENT TO PROVIDE FOR 2011
EVALUATION AND APPRAISAL REPORT (EAR) BASED -
AMENDMENTS TO THE GROWTH MANAGEMENT PLANT
BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Collier County Growth
Management Plan on January 10, 1989; and
WHEREAS, Collier County has held public hearings to provide for and encourage public
participation throughout the 2011 -12 plan amendment process; and
WHEREAS, Collier County did submit the 2011 -12 Growth Management Plan
amendments to the Department of Economic Opportunity for preliminary review on May 03,
2012; and
WHEREAS, the Department of Economic Opportunity did review and did not make
written objections to the amendments to the Growth Management Plan and transmitted the same
in writing to Collier County within the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections,
Recommendations and Comments Report from the Department of Economic Opportunity to
adopt, adopt with changes or not adopt the proposed amendments to the Growth Management
Plan; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
adoption of the amendments to the Growth Management Plan on October 30, 2012; and
WHEREAS, the Board of County Commissioners of Collier County did take action in the
manner prescribed by law and did hold public hearings concerning the adoption of the
amendments to the Growth Management Plan on January 8, 2013; and
met.
WHEREAS, all applicable substantive and procedural requirements of law have been
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words underlined are added; words struck through are additions; words with I
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SECTION ONE: ADOPTION OF AMENDMENTS TO THE SOLID WASTE SUBELEMENT
OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH
MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts the amendments to the Solid Waste
Subelement of the Public Facilities Element attached hereto as Exhibit "A" and incorporated
herein by reference.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of these plan amendments, if the amendments are not timely
challenged, shall be 31 days after the state land planning agency notifies the local government
that the plan amendment package is complete. If timely challenged, these amendments shall
become effective on the date the state land planning agency or the Administration Commission
enters a final order determining this adopted amendment to be in compliance. No development
orders, development permits, or land uses dependent on these amendments may be issued or
commence before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, this amendment may nevertheless be made effective by adoption of
a resolution affirming its effective status, a copy of which resolution shall be sent to the state
land planning agency.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
q� +h
County this 1 day of January, 2013.
ATTEST:
DWIGHT E. BROOK, 'CL,ERK
By:
BOARD OF COUNTY COMMISSIONERS
COLLI TY FLORIDA
BY:
GEORGIA A. HILLER, ESQ.
Chairwoman
Words underlined are added; words struck through are additions; words with 2
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Approved as to form and legal sufficiency:
1 v-C,r dw A lam,
Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachment: Exhibit "A"
This ordinance filed with the
Sagretory of 5 ote's Office the
day of
and ocknowledgern n f that
filing received thi day
A. _ A I . w _ —
2011 EAR -BASED ADOPTOIN - SOLID WASTE SUBELEMENT OF THE PUBLIC FACILITIES ELEMENT
Rev. 12/13/12
CP\ 12 -CMP- 00848 \90
Words underlined are added; words struck through are additions; words with 3
* * * indicates a page break
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Solid Waste Disposal Sub - Element — to BCC for Adoption 12 -11 -12
GOALS, OBJECTIVES AND POLICIES [Revised text, page 2]
AkSTE SUB ELEMENT
GOAL: [Rephrased to improve format as a "goal ", revised text, page 2]
TO PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE
SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE
ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOSAL AND MANAGEMENT
IN A MANNER TO THAT ASSURES PUBLIC HEALTH AND SAFETY AND TO PROTECTS
THE "i�P�`.I.iAT 4D LAND ENVIRONMENTAL RESOURCES OF COLLIER COUNTY.
IN ALL ASPECTS OF SOLID WASTE MANAGEMENT TO ADHERE TO THE
FOLLOWING ENDURING GUIDING PRINCIPLES APPROVED BY THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS AT THE INTEGRATED SOLID WASTE
MANAGEMENT STRATEGY WORKSHOP OF DECEMBER 2006:
ENVIRONMENTAL AND GROWTH MANAGEMENT COMPLIANCE —
ENVIRONMENTAL COMPLIANCE MEANS MANAGING THE IMPACTS TO THE
AIR, SOIL, WATER, AND WILDLIFE AS WELL AS "QUALITY OF LIFE" IMPACTS
TO THE COMMUNITY SUCH AS AESTHETICS ODOR NOISE AND TRAFFIC
AND GROWTH MANAGEMENT COMPLIANCE MEANS SATISFYING THE
GROWTH MANAGEMENT REQUIREMENTS REPORTED IN THE ANNUAL
UPDATE AND INVENTORY REPORT FOR BOTH LINED AND PERMITTED
DISPOSAL CAPACITY:
AIRSPACE PRESERVATION - AIRSPACE PRESERVATION MEANS MANAGING
SOLID WASTE UPSTREAM FROM DISPOSAL AS A MEANS TO EXTEND THE
REMAINING AIRSPACE (DISPOSAL) CAPACITY AT THE COLLIER COUNTY
LANDFILL:
OPERATIONAL EXCELLENCE - OPERATIONAL EXCELLENCE MEANS
OPTIMIZING THE OPERATIONS OF OUR ASSETS SUCH AS THE COLLIER
COUNTY LANDFILL AND OUR RECYCLING CENTERS AS WELL AS THE
PROGRAMS ADMINISTERED BY THE PUBLIC UTILITIES DIVISION• AND
BEST VALUE SERVICE - BEST VALUE SERVICE MEANS THAT THE SERVICES
OFFERED IN THE COUNTY REFLECT LOCAL AND REGIONAL CONDITIONS
AND THAT THE VALUE OF SERVICE IS APPROPRIATELY BALANCED WITH
THE COST OF SERVICE. A COMPONENT OF BEST VALUE SERVICE IS THAT
THERE IS A DIRECT CORRELATION BETWEEN THOSE THAT RECEIVE THE
BENEFITS AND THOSE THAT PAY FOR THE SERVICES.
OBJECTIVE 1 (COLLECTION):
[Rephrased to improve format as an "objective ", revised text, page 2]
Eellier —Count), shall eenti ue to Maintain a safe, dependable and efficient solid waste
collection system.
Words underlined are added; words stFask-thmuggh are deleted.
BCC ADOPTION
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Solid Waste Disposal Sub - Element — to BCC for Adoption 12 -11 -12
Present facilities meeting the current Level of Service include two (2) franchise collection areas
and three five Recycling Centers, as follows:
a. Unincorporated County service area;
b. Immokalee service area; and,
c. Thfee (3) Five 5 Recycling Centers;
1. Naples Recycling Center
2. Marco Recycling Center
3. Carnestown Recycling Center
4. Immokalee Recycling Center
5. North Collier Recycling Center
Policy 1.1: [Revised text, page 2]
The County shall continue to maintain and regulate commercial, multi - family and tax -bill based
residential collection costs to ensure efficient and dependable service affordable to all users.
The primary components of a solid waste collection assessment are:
1. Franchisee Contract
2. Tipping Fees
3. Administrative and Capital Program Costs
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Policy 1.4: [Revised text, page 2]
addressing sueh issues in duly nefieed publie meetings.
The County shall ensure public awareness and participation in solid waste recycling, reuse, waste
reduction, household hazardous waste collection and disposal.
OBJECTIVE 2 (DISPOSAL):
[Rephrased to improve format as an "objective ", revised text, page 2]
The County shall eentintie to Utilize safe and efficient methods for environmentally sound
disposal of solid waste in accordance with local, State and Federal regulations and shall eentifl e
to investigate improved methods and implement practices that meet this eObjective.
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Policy 2.4: [Revised text, page 3]
By- fiseal - year- , t The County shall pursue the acquisition of land
inventory required for future solid waste operations, based upon selection of, including but not
limited to, one or more of the following options in order of priority:
Words underlined are added; words stfae,gb are deleted.
BCC ADOPTION 2
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Solid Waste Disposal Sub - Element — to BCC for Adoption 12 -11 -12
1. Develop the means to partially or completely divert solid waste from the landfill
(additional recycling or alternative forms of disposal).
2. Increase the permissible elevation of the Naples Collier County Landfill so as to gain
additional airspace capacity.
Explore emerging conversion technologies that would allow for continued solid waste
disposal operations within Collier County.
4. Secure and utilize additional capacity at a landfill or landfills.
Policy 2.5: [Revised text, page 3]
The Level VL Vl VVl ♦1VV for- .
a. Tens of selid waste per- eapita per- yees-, used to detennine landfill dispesal i is
based en the avemge ef the last thfee eemplete fiseal ),ee&s aetual lined eel! tennage
The standards for levels of service (LOS) of County solid waste disposal facilities appear in
Policy 1.5; subsection "F" in the Capital Improvement Element and shall be used as the basis for
determining the availability of facility capacity and the demand generated by a development.
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Policy 2.8: [Revised text, page 4]
The Collier County Solid Waste Management Department shall continue to operate and maintain
a hazardous waste collection faeility facilities. The facility shall epeFate five (5) days per- week
and will accept household hazardous wastes. Additionally, the Department shall continue to hold
special events, such as its hazardous waste collection day, targeting
residential households but alse and allowing small businesses to participate to insure consumer
demand is met.
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Policy 2.9: (prev. 2.14) [Introduced new text provision, page 4]
The County shall maintain an effective emergency storm debris cleanup plan and identify and
establish temporary debris storage and reduction sites.
Words underlined are added; words stefsk-tbreagb are deleted.
BCC ADOPTION
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Solid Waste Disposal Sub - Element — to BCC for Adoption 12 -11 -12
Policy 2.10: (prev. 2.18) [Introduced new text provision, page 4]
The County shall pursue State and Federal grants for and participate in feasibility projects for
the investigation and development of improved techniques for waste collection recycling,
transfer and solid waste management consistent with the Enduring Guiding Principles
Policy 2.11: (prev. 2.24) [Introduced new text provision, page 4]
The County shall evaluate options to beneficially recycle plastic agricultural film
Policy 2.12: (prev. 2.25) [Introduced new text provision, page 4]
The County shall assess the feasibility of expanding_ the Immokalee Transfer Station or
developing a new facility to serve the Immokalee area, to become a full service recycling and
reuse center equipped with such options as household hazardous waste processing_ paint reuse
vegetative and yard waste drop -off, processing and composting white goods drop -off, a -waste
drop -off, furniture and construction & demolition debris (C &D) resale store etc
Policy 2.13: (prev. 2.28) [Introduced new text provision, page 4]
The County will work with local institutions, schools, government buildings, or churches to
initiate programs for solid waste reduction, reuse, and recycling for their communities.
Policy 2.14: (prev. 2.30) [Introduced new text provision, page 4]
The County will encourage the construction of Green Buildings (or Sustainable Buildings).
Relative to solid waste management, this includes:
• Recycled Content: Products with identifiable recycled content, including_ postindustrial
content with a preference for post consumer content.
• Salvaged, refurbished, or remanufactured: Includes saving a material from disposal and
renovating, repairing, restoring, or eg nerally improving the appearance, performance,
quality, functionality or value of a product.
• Reusable or recyclable: Select materials that can be easily dismantled and reused or
recycled at the end of their useful life.
• Recycled or recyclable product packaging: Products enclosed in recycled content or
recyclable packaging_
• Durable: Materials that are longer lasting or are comparable to conventional products
with lop life fe expectancies.
OBJECTIVE 3 (RECYCLE AND RECOVERY):
[Rephrased to improve format as an "objective ", revised text, page 4]
The- Eellier-Ceunty Solid - Waste -Bepai4fnew shall eentinue te fn Maintain and update the
Integrated-Solid Waste Maste Management Strategic Plan as directed by the Board of County
Commissioners.
Words underlined are added; words stfUGk through are deleted.
BCC ADOPTION
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Solid Waste Disposal Sub - Element — to BCC for Adoption 12 -11 -12
Policy 3.1: [Revised text, page 4]
The Collier County Solid Waste Management Department shall continue to maintain and
improve programs to reduce the amount of solid waste that requires disposal at County landfills
by:
a. Maintaining and enhancing the current countywide residential recycling programs.
b. Maintaining and enhancing the current eCounty -wide multi - family residential recycling
program.
c. Maintaining and enhancing the eCounty -wide commercial business recycling programs.
d. Maintaining and enhancing the curb -side separation of material into recyclable categories
to be received at the material recovery facilities.
e. Continuing to explore additional measures for waste reduction.
Policy 3.2: [Revised text, page 4]
The County shall continue investigation and implementation of cost - saving measures for County
disposal operations. The County shall evaluate other measures, including landfill mining, as new
technologies and practices emerge. .end � metheme gas eelleefien operation.)
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Policy 3.4: [Revised text, page 5]
waste.
The County will encourage Florida - Friendly Landscaping'' to reduce the generation of yard
waste, reduce water consumption, and improve water quality. Section 373.185, F S defines
Florida - Friendly Landscaping' as using _quality landscapes that conserve water, protect the
environment, adapt to local conditions and tolerate drought.
Policy 3.5: [Introduced new text provision, page 5]
The County shall develop and implement innovative programs to reduce re -use and recycle solid
waste to meet the 2020 Florida Department of Environmental Protection (FDEP) seventy -five
percent (75 %) Recycling Rate pursuant to Chapter 403.7032 FS
WOES Planning Services\Comprehensive12011 EAR -BASED GMP AMENDMENTSWC Adoption - EAR -based GMPAslelementslSolid Waste—BCC adoptn
- M1 1-1 SolidWaste Exhibit A EAR to BCC for Adoption.dom
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Words underlined are added; words s"sk ttareUgh are deleted.
BCC ADOPTION
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 2013 -08
which was adopted by the Board of County Commissioners
on the 9th day of January, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2013.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board of
County Commiss.opers
By: Ann Jennejohn,.
Deputy Clerk