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ORDINANCE NO. 2012- 011 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING AND ADDING <br />VARIOUS SECTIONS OF CHAPTER 204 (SOLID WASTE DISPOSAL) <br />OF THE CODE OF INDIAN RIVER COUNTY; ELIMINATING THE <br />REQUIREMENT THAT PROCESSORS OF CONSTRUCTION AND <br />DEMOLITION DEBRIS ("C&D MATERIALS") OR RECYCLABLE <br />MATERIALS OBTAIN A FRANCHISE; SIMPLIFYING THE PROCESS <br />FOR GRANTING NON-EXCLUSIVE CONSTRUCTION AND <br />DEMOLITION DEBRIS FRANCHISES TO PERSONS WHO COLLECT <br />OR TRANSPORT C&D MATERIALS FOR PROFIT ("C&D HAULERS"); <br />AND REQUIRING PROCESSORS OF C&D MATERIALS TO COLLECT <br />A FRANCHISE FEE FROM C&D HAULERS, AND TO REMIT THE FEE <br />TO THE SOLID WASTE DISPOSAL DISTRICT OR APPROPRIATE <br />MUNICIPALITY; MAKING FINDINGS; AND PROVIDING FOR <br />SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. <br />WHEREAS, chapter 204 (Solid Waste Materials) of the Code of Indian River <br />County ("Code") currently requires that processors of construction and demolition debris <br />("C&D Processors") and processors of certain recyclable materials obtain a franchise <br />from the Solid Waste Disposal District and pay a franchise fee to the District equal to six <br />percent (6%) of gross receipts; and <br />WHEREAS, chapter 204 of the Code also requires that certain persons who <br />collect or transport construction and demolition debris for profit ("C&D Haulers") obtain a <br />non-exclusive franchise from the District and pay a franchise fee to the District equal to <br />six percent (6%) of gross receipts; and <br />WHEREAS, to reduce the administrative and financial burden on C&D Haulers, <br />the District has decided to replace individual franchise agreements with a general <br />franchise and registration process, and to replace the franchise fee of six percent (6%) <br />of gross receipts with a lower franchise fee of six percent (6%) of the tipping fee paid by <br />C&D Haulers to C&D Processors; and <br />WHEREAS, to reduce the administrative and financial burden on C&D <br />Processors, the District has decided to eliminate the requirement that C&D Processors <br />obtain a franchise from the District and pay a franchise fee to the District equal to six <br />percent (6%) of gross receipts; and, <br />WHEREAS, in exchange for reducing the administrative and financial burden on <br />C&D Processors, the District has determined that it is appropriate to require that C&D <br />Processors collect the franchise fee paid by C&D Haulers (6% of the tipping fee) and <br />remit such fee to the District or appropriate municipality; and <br />