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HomeMy WebLinkAbout2003-014ORDINANCE NO. 2003- 014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE COUNTY'S SOLID WASTE MANAGEMENT PROGRAM; PROVIDING FINDINGS; PROVIDING INTENT AND PURPOSES; PROVIDING A TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR FRANCHISES FOR THE COLLECTION OF REGULATED SOLID WASTE; PROVIDING EXEMPTIONS; PROVIDING FOR RESPONSIBILITIES OF COUNTY RESIDENTS, RESIDENTIAL CUSTOMERS, AND COMMERCIAL PROPERTY OWNERS; PROVIDING FOR COMMERCIAL CONTAINERS OR CONSTRUCTION AND DEMOLITION DEBRIS COMMERCIAL CONTAINERS AT CONSTRUCTION SITES; PROVIDING APPLICATION PROCEDURES FOR FRANCHISES; PROVIDING STANDARDS FOR FRANCHISE ISSUANCE; PROVIDING TERMS. AND CONDITIONS OF FRANCHISES; PROVIDING SERVICE STANDARDS FOR FRANCHISEES, PROVIDING FOR FRANCHISE RENEWALS; PROVIDING FOR FRANCHISE TRANSFERS; PROVIDING FOR REVOCATION OF FRANCHISES; PROVIDING FOR RULES, REGULATIONS, AND FEES; PROVIDING FOR FRANCHISEE AS INDEPENDENT CONTRACTOR; PROVIDING FOR LITTER CONTROL; PROVIDING FOR PROHIBITION ON SALVAGING; PROVIDING CIVIL REMEDIES; PROVIDING PENALTIES; PROVIDING FOR AMENDMENTS TO THE DEFINITIONS OF GARDEN TRASH, INDUSTRIAL WASTE, AND SPECIAL WASTES IN SECTION 204.24 OF THE COUNTY CODE AND FOR AMENDMENTS TO SECTION 204.31(a) OF THE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2003- 014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE COUNTY'S SOLID WASTE MANAGEMENT PROGRAM; PROVIDING FINDINGS; PROVIDING INTENT AND PURPOSES; PROVIDING A TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR CONSTRUCTION AND INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR FRANCHISES FOR THE COLLECTION OF REGULATED SOLID WASTE; PROVIDING EXEMPTIONS; PROVIDING FOR RESPONSIBILITIES OF COUNTY RESIDENTS, RESIDENTIAL CUSTOMERS, AND COMMERCIAL PROPERTY OWNERS; PROVIDING FOR COMMERCIAL CONTAINERS OR CONSTRUCTION AND DEMOLITION DEBRIS COMMERCIAL CONTAINERS AT CONSTRUCTION SITES; PROVIDING APPLICATION PROCEDURES FOR FRANCHISES; PROVIDING STANDARDS FOR FRANCHISE ISSUANCE; PROVIDING TERMS. AND CONDITIONS OF FRANCHISES; PROVIDING SERVICE STANDARDS FOR FRANCHISEES, PROVIDING FOR FRANCHISE RENEWALS; PROVIDING FOR FRANCHISE TRANSFERS; PROVIDING FOR REVOCATION OF FRANCHISES; PROVIDING FOR RULES, REGULATIONS, AND FEES; PROVIDING FOR FRANCHISEE AS INDEPENDENT CONTRACTOR; PROVIDING FOR LITTER CONTROL; PROVIDING FOR PROHIBITION ON SALVAGING; PROVIDING CIVIL REMEDIES; PROVIDING PENALTIES; PROVIDING FOR AMENDMENTS TO THE DEFINITIONS OF GARDEN TRASH, INDUSTRIAL WASTE, AND SPECIAL WASTES IN SECTION 204.24 OF THE COUNTY CODE AND FOR AMENDMENTS TO SECTION 204.31(a) OF THE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: PART I: AMENDED AND RESTATED PART I: GENERAL PROVISIONS OF CHAPTER 204 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA. SECTION ONE: FINDINGS. It is hereby ascertained, determined and declared that: A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform County functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of County ordinances. Be The Board has heretofore. created the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, as set forth in Section 1 of Ordinance 91- 6, which is codified in Sections 204.20, .21, .22, and .23 of the County Code. C. Regulation of the collection and disposal of Solid Waste within the County by the Board and the District serves a public purpose, and promotes and protects the health, safety, and welfare of the citizens of Indian River County. D. Pursuant to Section 125.01(1)(k)2, Florida Statutes, the Board has the authority to enter into Franchise Agreements for the collection and disposal of Solid Waste within the County, and the Board also has the power to grant the same authority to the District. E. The requirements and standards created by this Ordinance are necessary and appropriate to protect the health, safety, and welfare of the citizens of Indian River County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: PART I: AMENDED AND RESTATED PART I: GENERAL PROVISIONS OF CHAPTER 204 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA. SECTION ONE: FINDINGS. It is hereby ascertained, determined and declared that: A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 125.01 and 125.66, Florida Statutes, the Board has all powers of local self-government to perform County functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of County ordinances. Be The Board has heretofore. created the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, as set forth in Section 1 of Ordinance 91- 6, which is codified in Sections 204.20, .21, .22, and .23 of the County Code. C. Regulation of the collection and disposal of Solid Waste within the County by the Board and the District serves a public purpose, and promotes and protects the health, safety, and welfare of the citizens of Indian River County. D. Pursuant to Section 125.01(1)(k)2, Florida Statutes, the Board has the authority to enter into Franchise Agreements for the collection and disposal of Solid Waste within the County, and the Board also has the power to grant the same authority to the District. E. The requirements and standards created by this Ordinance are necessary and appropriate to protect the health, safety, and welfare of the citizens of Indian River County. SECTION TWO: INTENT AND PURPOSES. A. It is the intent and purpose of this Ordinance to regulate all Persons who collect, transport, or dispose of Regulated Solid Waste within the County for profit, except as otherwise provided herein. B. It is the intent and purpose of this Ordinance to establish standards and responsibilities for all Persons who generate Solid Waste within the County. SECTION THREE: TITLE AND CITATION. Part I of this Ordinance shall be known and may be cited as "Part I of the Indian River County Solid Waste Disposal Ordinance", Chapter 204 of the County Code. SECTION FOUR: APPLICABILITY. This Ordinance shall be applicable within the unincorporated areas of Indian River County. This Ordinance also shall be applicable within the municipalities of Fellsmere, Indian River Shores, Orchid, Sebastian, and Vero Beach, but only to the extent that there is a valid interlocal agreement between the municipality and the County for the purpose of providing Residential Recyclables Service, Recyclables Toter Service, and Collection of Recyclables in Recycling Containers by Franchisees to Customers in Residential Units, Multiple Dwelling Units, and Mobile Home Parks within the boundaries of such municipalities. SECTION FIVE: CONSTRUCTION AND INTERPRETATION. This Ordinance shall be 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 TWO: INTENT AND PURPOSES. A. It is the intent and purpose of this Ordinance to regulate all Persons who collect, transport, or dispose of Regulated Solid Waste within the County for profit, except as otherwise provided herein. B. It is the intent and purpose of this Ordinance to establish standards and responsibilities for all Persons who generate Solid Waste within the County. SECTION THREE: TITLE AND CITATION. Part I of this Ordinance shall be known and may be cited as "Part I of the Indian River County Solid Waste Disposal Ordinance", Chapter 204 of the County Code. SECTION FOUR: APPLICABILITY. This Ordinance shall be applicable within the unincorporated areas of Indian River County. This Ordinance also shall be applicable within the municipalities of Fellsmere, Indian River Shores, Orchid, Sebastian, and Vero Beach, but only to the extent that there is a valid interlocal agreement between the municipality and the County for the purpose of providing Residential Recyclables Service, Recyclables Toter Service, and Collection of Recyclables in Recycling Containers by Franchisees to Customers in Residential Units, Multiple Dwelling Units, and Mobile Home Parks within the boundaries of such municipalities. SECTION FIVE: CONSTRUCTION AND INTERPRETATION. This Ordinance shall be 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. H .SECTION SIX: DEFINITIONS. For the purposes of this Ordinance, the definitions contained in this Section 6 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; words in the singular number include the plural; the terms "hereof", "hereby", "herein", "hereto", "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before., the effective date of this Ordinance. The word "shall" is always mandatory and not merely discretionary. Pursuant to Section 403.7031, Florida Statutes, all definitions in this Section 6 shall be construed in a manner that is consistent with the definitions contained in Section 403.703, Florida Statutes. In the case of any conflict or inconsistency between the definitions in this Ordinance and the definitions contained in Section 403.703, Florida Statutes, the statutory definition shall control. A. Board means the Board of County Commissioners of Indian River County, Florida. B. Bulk Trash means any non -vegetative item that cannot be containerized, bagged or bundled, or whose large size or weight precludes its handling, processing, or disposal by normal methods. Bulk Trash does not include hazardous waste. Solid Waste is picked -up~ and removed from the location where it is generated, and then transported to an appropriate Solid Waste Management Facility for processing or disposal. D. Collection Point means the location where a Franchisee picks up the Solid Waste and Recyclable Materials discarded by a Customer. E. Commercial Container means any container which: (a) consists of four permanently attached sides and a bottom; (b) is made of metal, durable plastic or other non-absorbent material; (c) is free-standing; (d) is emptied or transported by mechanical means, and (e) is used to Collect or store Solid Waste. Commercial Containers include, but are not limited to, roll-on/roll-off boxes, dumpsters, compactors, and similar receptacles of any nature whatsoever used to Collect Solid Waste. 4 H .SECTION SIX: DEFINITIONS. For the purposes of this Ordinance, the definitions contained in this Section 6 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; words in the singular number include the plural; the terms "hereof", "hereby", "herein", "hereto", "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before., the effective date of this Ordinance. The word "shall" is always mandatory and not merely discretionary. Pursuant to Section 403.7031, Florida Statutes, all definitions in this Section 6 shall be construed in a manner that is consistent with the definitions contained in Section 403.703, Florida Statutes. In the case of any conflict or inconsistency between the definitions in this Ordinance and the definitions contained in Section 403.703, Florida Statutes, the statutory definition shall control. A. Board means the Board of County Commissioners of Indian River County, Florida. B. Bulk Trash means any non -vegetative item that cannot be containerized, bagged or bundled, or whose large size or weight precludes its handling, processing, or disposal by normal methods. Bulk Trash does not include hazardous waste. Solid Waste is picked -up~ and removed from the location where it is generated, and then transported to an appropriate Solid Waste Management Facility for processing or disposal. D. Collection Point means the location where a Franchisee picks up the Solid Waste and Recyclable Materials discarded by a Customer. E. Commercial Container means any container which: (a) consists of four permanently attached sides and a bottom; (b) is made of metal, durable plastic or other non-absorbent material; (c) is free-standing; (d) is emptied or transported by mechanical means, and (e) is used to Collect or store Solid Waste. Commercial Containers include, but are not limited to, roll-on/roll-off boxes, dumpsters, compactors, and similar receptacles of any nature whatsoever used to Collect Solid Waste. 4 F. Commercial Property means all of the improved property in the County that is used for: (a) Multiple Dwelling Units; or (b) commercial, institutional, religious, not-for-profit, governmental, nonresidential or industrial purposes. G. Commercial Service means the Collection by a Franchisee of: (a) Commercial Solid Waste, or (b) Recyclable Materials generated on Commercial.Property or Mobile Home Parks. H. Commercial Solid Waste means Garbage, Bulk Trash, Trash, and Yard Trash that is not Residential Solid Waste. Commercial Solid Waste includes the Garbage, Bulk Trash, Trash, and Yard Trash generated on, by or at: (a) Commercial Property; (b) Multiple Dwelling Units that use Commercial Containers; (c) Mobile Home Parks that use Commercial Containers; and (d) agricultural and industrial facilities. Commercial Solid Waste does not include hazardous waste, biomedical waste, or industrial process waste. I. Construction and Demolition Debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures on a site remote from the construction or demolition project site. Mixing of Construction and Demolition Debris with other types of Solid Waste will cause it to be classified as other than Construction and Demolition Debris. The term also includes: (1) Clean cardboard, paper, plastic, wood and metal scraps from a construction project; (2) Except as provided in Section 403.707(13)(j), Florida Statutes, unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets, provided the wood scraps and pallets are separated from other Solid Waste where generated, and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other Solid Waste; and (3) De minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with management practices of the industry. J. Construction and Demolition Debris Commercial Container means a Commercial Container that is less than fifteen F. Commercial Property means all of the improved property in the County that is used for: (a) Multiple Dwelling Units; or (b) commercial, institutional, religious, not-for-profit, governmental, nonresidential or industrial purposes. G. Commercial Service means the Collection by a Franchisee of: (a) Commercial Solid Waste, or (b) Recyclable Materials generated on Commercial.Property or Mobile Home Parks. H. Commercial Solid Waste means Garbage, Bulk Trash, Trash, and Yard Trash that is not Residential Solid Waste. Commercial Solid Waste includes the Garbage, Bulk Trash, Trash, and Yard Trash generated on, by or at: (a) Commercial Property; (b) Multiple Dwelling Units that use Commercial Containers; (c) Mobile Home Parks that use Commercial Containers; and (d) agricultural and industrial facilities. Commercial Solid Waste does not include hazardous waste, biomedical waste, or industrial process waste. I. Construction and Demolition Debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures on a site remote from the construction or demolition project site. Mixing of Construction and Demolition Debris with other types of Solid Waste will cause it to be classified as other than Construction and Demolition Debris. The term also includes: (1) Clean cardboard, paper, plastic, wood and metal scraps from a construction project; (2) Except as provided in Section 403.707(13)(j), Florida Statutes, unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets, provided the wood scraps and pallets are separated from other Solid Waste where generated, and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other Solid Waste; and (3) De minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with management practices of the industry. J. Construction and Demolition Debris Commercial Container means a Commercial Container that is less than fifteen (15) cubic yards in capacity; provided, however, that no Commercial Container shall be artificially, mechanically, or otherwise divided so as to form a Construction and Demolition Debris Commercial Container from a Commercial Container. K. County means the unincorporated areas of Indian River County, Florida. L. County Code means The Code of Indian River County, Florida. M. Customer means a Person having a contract with a Franchisee for the Collection of Solid Waste or Recyclables. N. De Minimis Amount means that: (1) with regard to a container of Recovered Materials, no more than three (3) percent of the material.in the container consists of Solid Waste; and (2) with regard to a container of Construction and Demolition Debris, no more than (3) percent of the material in the container consists of Solid Waste other than Construction and Demolition Debris. The three (3) percent limitation applies to the volume or weight of the Solid Waste, whichever is more restrictive, as determined by visual inspections or actual measurements. If the contents of a container exceed the three (3) percent limitation, all of the contents of the container shall be handled and regulated as Solid Waste. O. Director means the Director of the County's Department of Utilities Services or the Director's designee. P. District means the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. Q. District Board means the District's governing body. R. District Customer Convenience Center means a site operated and maintained by the District for the receipt and temporary storage of Residential Solid Waste, Recovered Materials, Recyclables, White Goods, waste tires, used oil, or lead -acid batteries generated in, at, or from a Residential Unit, or a Multiple Dwelling Unit, located within the County. S. District Landfill shall mean the Solid Waste Management Facility that is owned by the District and located at 1325 74th Avenue, SW, in Indian River County. T. Franchise means a grant of authority from the District to a Person for the exclusive or nonexclusive right to (15) cubic yards in capacity; provided, however, that no Commercial Container shall be artificially, mechanically, or otherwise divided so as to form a Construction and Demolition Debris Commercial Container from a Commercial Container. K. County means the unincorporated areas of Indian River County, Florida. L. County Code means The Code of Indian River County, Florida. M. Customer means a Person having a contract with a Franchisee for the Collection of Solid Waste or Recyclables. N. De Minimis Amount means that: (1) with regard to a container of Recovered Materials, no more than three (3) percent of the material.in the container consists of Solid Waste; and (2) with regard to a container of Construction and Demolition Debris, no more than (3) percent of the material in the container consists of Solid Waste other than Construction and Demolition Debris. The three (3) percent limitation applies to the volume or weight of the Solid Waste, whichever is more restrictive, as determined by visual inspections or actual measurements. If the contents of a container exceed the three (3) percent limitation, all of the contents of the container shall be handled and regulated as Solid Waste. O. Director means the Director of the County's Department of Utilities Services or the Director's designee. P. District means the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. Q. District Board means the District's governing body. R. District Customer Convenience Center means a site operated and maintained by the District for the receipt and temporary storage of Residential Solid Waste, Recovered Materials, Recyclables, White Goods, waste tires, used oil, or lead -acid batteries generated in, at, or from a Residential Unit, or a Multiple Dwelling Unit, located within the County. S. District Landfill shall mean the Solid Waste Management Facility that is owned by the District and located at 1325 74th Avenue, SW, in Indian River County. T. Franchise means a grant of authority from the District to a Person for the exclusive or nonexclusive right to L Collect, transport, process or dispose of Solid Waste or Recyclables in _the County. U. Franchise Agreement means a written agreement between a Franchisee and the District, which sets forth the specific terms and limitations of the Franchise. V. Franchisee means a Person to whom the District has granted a Franchise. any animal, vegetative, food or other organic waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. X. Garbage Receptacle means any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). Y. Land Clearing Debris means rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project. Land clearing debris does not include vegetative matter from lawn maintenance, commercial or residential landscape maintenance, right-of-way or easement maintenance, farming operations, nursery operations, or any other sources not related directly to a construction project. Z. Litter means any garbage; rubbish, trash; refuse, can; bottle, box; container; paper; tobacco product; tire; appliance; mechanical equipment or part; building or construction material, tool, machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge. from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. AA. Mobile Home Park means any improved real property divided into spaces for the placement of mobile or modular homes or trailers. BB. Multiple Dwelling Unit means any building containing five (5) or more permanent living units. Multiple Dwelling Units include condominiums, but do not include hotels.or motels. CC. Non-exclusive Construction and Demolition Debris Franchise means a Franchise authorizing the Collection of 7 L Collect, transport, process or dispose of Solid Waste or Recyclables in _the County. U. Franchise Agreement means a written agreement between a Franchisee and the District, which sets forth the specific terms and limitations of the Franchise. V. Franchisee means a Person to whom the District has granted a Franchise. any animal, vegetative, food or other organic waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. X. Garbage Receptacle means any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). Y. Land Clearing Debris means rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project. Land clearing debris does not include vegetative matter from lawn maintenance, commercial or residential landscape maintenance, right-of-way or easement maintenance, farming operations, nursery operations, or any other sources not related directly to a construction project. Z. Litter means any garbage; rubbish, trash; refuse, can; bottle, box; container; paper; tobacco product; tire; appliance; mechanical equipment or part; building or construction material, tool, machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge. from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. AA. Mobile Home Park means any improved real property divided into spaces for the placement of mobile or modular homes or trailers. BB. Multiple Dwelling Unit means any building containing five (5) or more permanent living units. Multiple Dwelling Units include condominiums, but do not include hotels.or motels. CC. Non-exclusive Construction and Demolition Debris Franchise means a Franchise authorizing the Collection of 7 t Construction and Demolition Debris in a Construction and Demolition Debris Commercial Container. DD. Non-exclusive Construction and Demolition Debris Service means the Collection of Construction and Demolition Debris by a Franchisee in a Construction and Demolition Debris Commercial Container. EE. Ordinance means this County Ordinance No. 2003- FF. Person means any and all persons, natural or artificial, including any partnership, joint venture, firm, association or corporation, or any combination thereof, however organized; any county; and any local, state or federal governmental agency. t�]t]. 193=k IIVC.L Cu 1. 1C1 t. G11 Ct1.7 LLLG aIIo LLLl t u1, r�t•••1-, .�jy �� I plastic, textile, orL rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Solid Waste 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 constitutes disposal. Recovered Materials as described above are not Solid Waste.. HH. Recyclables or Recyclable Material means those materials which are capable of beingL recycled and which would otherwise be processed or disposed of as Solid Waste. The specific Recyclables regulated under this Ordinance shall be designated by the District Board. II. Recycling Container means a rigid container made of plastic or other suitable substance that is used for the storage of Recyclable Materials. JJ. Recyclables Toter Service means the Collection of Recyclable Materials by a Franchisee using Recycling Containers that have wheels, a handle and lid, and are commonly known as "toters". KK. Regulated Solid Waste means Construction and Demolition Debris, Commercial Solid Waste, Residential Solid Waste, and Recyclables. LL. Residential Franchise Area means a geographic area in the County where Residential Solid Waste is Collected by a Franchisee. t Construction and Demolition Debris in a Construction and Demolition Debris Commercial Container. DD. Non-exclusive Construction and Demolition Debris Service means the Collection of Construction and Demolition Debris by a Franchisee in a Construction and Demolition Debris Commercial Container. EE. Ordinance means this County Ordinance No. 2003- FF. Person means any and all persons, natural or artificial, including any partnership, joint venture, firm, association or corporation, or any combination thereof, however organized; any county; and any local, state or federal governmental agency. t�]t]. 193=k IIVC.L Cu 1. 1C1 t. G11 Ct1.7 LLLG aIIo LLLl t u1, r�t•••1-, .�jy �� I plastic, textile, orL rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Solid Waste 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 constitutes disposal. Recovered Materials as described above are not Solid Waste.. HH. Recyclables or Recyclable Material means those materials which are capable of beingL recycled and which would otherwise be processed or disposed of as Solid Waste. The specific Recyclables regulated under this Ordinance shall be designated by the District Board. II. Recycling Container means a rigid container made of plastic or other suitable substance that is used for the storage of Recyclable Materials. JJ. Recyclables Toter Service means the Collection of Recyclable Materials by a Franchisee using Recycling Containers that have wheels, a handle and lid, and are commonly known as "toters". KK. Regulated Solid Waste means Construction and Demolition Debris, Commercial Solid Waste, Residential Solid Waste, and Recyclables. LL. Residential Franchise Area means a geographic area in the County where Residential Solid Waste is Collected by a Franchisee. MM. Residential Recyclables Franchise Area means the geographical area in the County where Residential Recyclables Service or the Collection of Recyclables by Recyclables Toter Service is provided by a Franchisee. NN. Residential Recyclables Service means the Collection of Recyclables from a Residential Unit by a Franchisee. 00. Residential Service means the Collection of Residential Solid Waste by a Franchisee. PP. Residential Solid Waste means Garbage, Trash, Yard Trash, and Bulk Trash resulting from the normal housekeeping activities of a Residential Unit or a Mobile Home Park that has elected to receive Residential Service. QQ. Residential Unit means each lot or parcel of land in the County that is improved for occupancy as a single-family residence, duplex, triplex, or quadraplex, and any other residence, except a Multiple Dwelling Unit. The term also includes individually -owned mobile or modular homes or trailers that: (1) have residential permanent license tags; (2) are erected on a separate parcel of property; (3) are within a Residential Franchise Area or a Residential Recyclables Franchise Area; and (4) do not receive Commercial Service. RR. Sludge means the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. SS. 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 Garbage, rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered Materials are not Solid Waste. TT. Solid Waste Management Facility means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility, or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of solid waste. The term does not include recovered materials processing facilities which meet the requirements of Section 403.7046, Florida Statutes, except the portion of such facilities, if any, that is used for the management of solid waste. MM. Residential Recyclables Franchise Area means the geographical area in the County where Residential Recyclables Service or the Collection of Recyclables by Recyclables Toter Service is provided by a Franchisee. NN. Residential Recyclables Service means the Collection of Recyclables from a Residential Unit by a Franchisee. 00. Residential Service means the Collection of Residential Solid Waste by a Franchisee. PP. Residential Solid Waste means Garbage, Trash, Yard Trash, and Bulk Trash resulting from the normal housekeeping activities of a Residential Unit or a Mobile Home Park that has elected to receive Residential Service. QQ. Residential Unit means each lot or parcel of land in the County that is improved for occupancy as a single-family residence, duplex, triplex, or quadraplex, and any other residence, except a Multiple Dwelling Unit. The term also includes individually -owned mobile or modular homes or trailers that: (1) have residential permanent license tags; (2) are erected on a separate parcel of property; (3) are within a Residential Franchise Area or a Residential Recyclables Franchise Area; and (4) do not receive Commercial Service. RR. Sludge means the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. SS. 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 Garbage, rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered Materials are not Solid Waste. TT. Solid Waste Management Facility means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility, or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of solid waste. The term does not include recovered materials processing facilities which meet the requirements of Section 403.7046, Florida Statutes, except the portion of such facilities, if any, that is used for the management of solid waste. UU. Special Wastes means Solid Wastes that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, and biological wastes. Vv. Trash means accumulations of refuse, rubbish, paper, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, equipment, utensils, and other accumulations of a similar nature, but shall not include Yard Trash or Garbage. WW. White Goods means and includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. XX. Yard Trash means vegetative matter resulting from landscaping maintenance and land clearing operations. SECTION SEVEN: FRANCHISES FOR COLLECTION OF REGULATED SOLID WASTE. A. After April 30, 2003, it shall be unlawful for any Person to Collect, transport, process, or dispose of Regulated Solid Waste within the County for profit unless such Person's activities are exempt from the provisions of this Ordinance or authorized by a Franchise granted by the District. Be Any Franchises granted by the District prior to April 30, 2003, including but not limited to the exclusive Franchises granted by the District on September 3, 2002 to Republic Services of Florida, LP (d/b/a Treasure Coast Refuse) and Waste Management Inc. of Florida for Residential Service in the Residential Franchise Area; Residential Recyclables Service in the Residential Recyclables Franchise Area; Commercial Service; and Collection of Construction and Demolition Debris in any size Commercial, Container shall be subject to the provisions of this Ordinance, except Sections 11 and 12. C. After April 30, 2003, any permit granted by the District pursuant to Section 204.31 of the County Code shall not be sufficient to authorize the collection, transportation, processing, or disposal of Regulated Solid Waste within the County for profit. 10 UU. Special Wastes means Solid Wastes that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, and biological wastes. Vv. Trash means accumulations of refuse, rubbish, paper, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, equipment, utensils, and other accumulations of a similar nature, but shall not include Yard Trash or Garbage. WW. White Goods means and includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. XX. Yard Trash means vegetative matter resulting from landscaping maintenance and land clearing operations. SECTION SEVEN: FRANCHISES FOR COLLECTION OF REGULATED SOLID WASTE. A. After April 30, 2003, it shall be unlawful for any Person to Collect, transport, process, or dispose of Regulated Solid Waste within the County for profit unless such Person's activities are exempt from the provisions of this Ordinance or authorized by a Franchise granted by the District. Be Any Franchises granted by the District prior to April 30, 2003, including but not limited to the exclusive Franchises granted by the District on September 3, 2002 to Republic Services of Florida, LP (d/b/a Treasure Coast Refuse) and Waste Management Inc. of Florida for Residential Service in the Residential Franchise Area; Residential Recyclables Service in the Residential Recyclables Franchise Area; Commercial Service; and Collection of Construction and Demolition Debris in any size Commercial, Container shall be subject to the provisions of this Ordinance, except Sections 11 and 12. C. After April 30, 2003, any permit granted by the District pursuant to Section 204.31 of the County Code shall not be sufficient to authorize the collection, transportation, processing, or disposal of Regulated Solid Waste within the County for profit. 10 Any Person engaging in such activities shall obtain a Franchise, unless exempt. Notwithstanding the foregoing, a Person conveying solely Yard Trash and/or Land Clearing Debris to the District's Landfill must obtain a permit, as set forth in Section 204.31 (a) of the County Code, but does not need to obtain a Franchise under this Ordinance. D. A Franchise shall operate in the nature of a privilege, and shall not be deemed to create a property interest with respect to the Franchisee. E. A Franchise may be exclusive or non-exclusive in nature, and shall be subject to such terms and conditions as are necessary to protect the public interest, as determined by the District, in its sole discretion. F. The District may issue a Franchise Agreement with terms and conditions that supplement, clarify, or are more stringent than the minimum requirements contained in this Ordinance. SECTION EIGHT: EXEMPTIONS. A. A Person may Collect, transport, process, or dispose only the Solid Waste, Recovered Material, Recyclables, or Yard Trash generated on their own property, without obtaining a Franchise, and may transport the foregoing materials to the District Landfill. transport only the Residential Solid Waste, Recovered Material, Recyclables, and Yard Trash that he or she generated on his or her own Residential Units, Multiple Dwelling Units, and Mobile Home Parks, to a District Customer Convenience Center or the District Landfill, without obtaining a Franchise. Co A Franchise is not required under this Ordinance for the Collection, transportation, processing, or disposal of Recyclable Materials by a not-for-profit Person. 11 Any Person engaging in such activities shall obtain a Franchise, unless exempt. Notwithstanding the foregoing, a Person conveying solely Yard Trash and/or Land Clearing Debris to the District's Landfill must obtain a permit, as set forth in Section 204.31 (a) of the County Code, but does not need to obtain a Franchise under this Ordinance. D. A Franchise shall operate in the nature of a privilege, and shall not be deemed to create a property interest with respect to the Franchisee. E. A Franchise may be exclusive or non-exclusive in nature, and shall be subject to such terms and conditions as are necessary to protect the public interest, as determined by the District, in its sole discretion. F. The District may issue a Franchise Agreement with terms and conditions that supplement, clarify, or are more stringent than the minimum requirements contained in this Ordinance. SECTION EIGHT: EXEMPTIONS. A. A Person may Collect, transport, process, or dispose only the Solid Waste, Recovered Material, Recyclables, or Yard Trash generated on their own property, without obtaining a Franchise, and may transport the foregoing materials to the District Landfill. transport only the Residential Solid Waste, Recovered Material, Recyclables, and Yard Trash that he or she generated on his or her own Residential Units, Multiple Dwelling Units, and Mobile Home Parks, to a District Customer Convenience Center or the District Landfill, without obtaining a Franchise. Co A Franchise is not required under this Ordinance for the Collection, transportation, processing, or disposal of Recyclable Materials by a not-for-profit Person. 11 D. A Franchise is not required under this Ordinance for the Collection, transportation, processing or disposal of Recovered Materials, Sludge, hazardous waste, industrial process waste, or other types of Solid Waste that are not Regulated Solid Waste. E. Any Person in the County engaged solely in land clearing, landscaping, or lawn maintenance activities may Collect and convey the Yard Trash and Land Clearing Debris generated by such activities to a Solid Waste Management Facility, without obtaining a Franchise under this Ordinance. Notwithstanding the foregoing, a Person conveying solely Yard Trash and/or Land Clearing Debris to the District's Landfill must obtain a permit, as set forth in Section 204.31 (a) of the County Code, but does not need to obtain a Franchise under this Ordinance. F. The limited exemptions contained in this Ordinance do not relieve any Person of their obligation to comply with all of the other applicable provisions of this Ordinance. SECTION NINE. RESPONSIBILITIES. A. Responsibilities of Residential Customers. Each Customer that receives Residential Service, Residential Recyclables Service, or Recyclables Toter Service shall: (1) Use Garbage Receptacle(s) that are adequate to contain all of the Solid Waste that the Customer normally generates or accumulates in, at, or on their Residential Unit, provided, however, that nothing in this Ordinance shall be construed to prohibit the use of heavy duty, securely tied plastic bags by a Customer receiving Residential Service; (2) Ensure that no Garbage Receptacle and its contents exceed fifty 50) pounds in weight or fifty (50) gallons in capacity, (3) Ensure that the Yard Trash they place at the Collection Point does not exceed 4.0 cubic yards per week and does not exceed fifty 50) pounds in weight; D. A Franchise is not required under this Ordinance for the Collection, transportation, processing or disposal of Recovered Materials, Sludge, hazardous waste, industrial process waste, or other types of Solid Waste that are not Regulated Solid Waste. E. Any Person in the County engaged solely in land clearing, landscaping, or lawn maintenance activities may Collect and convey the Yard Trash and Land Clearing Debris generated by such activities to a Solid Waste Management Facility, without obtaining a Franchise under this Ordinance. Notwithstanding the foregoing, a Person conveying solely Yard Trash and/or Land Clearing Debris to the District's Landfill must obtain a permit, as set forth in Section 204.31 (a) of the County Code, but does not need to obtain a Franchise under this Ordinance. F. The limited exemptions contained in this Ordinance do not relieve any Person of their obligation to comply with all of the other applicable provisions of this Ordinance. SECTION NINE. RESPONSIBILITIES. A. Responsibilities of Residential Customers. Each Customer that receives Residential Service, Residential Recyclables Service, or Recyclables Toter Service shall: (1) Use Garbage Receptacle(s) that are adequate to contain all of the Solid Waste that the Customer normally generates or accumulates in, at, or on their Residential Unit, provided, however, that nothing in this Ordinance shall be construed to prohibit the use of heavy duty, securely tied plastic bags by a Customer receiving Residential Service; (2) Ensure that no Garbage Receptacle and its contents exceed fifty 50) pounds in weight or fifty (50) gallons in capacity, (3) Ensure that the Yard Trash they place at the Collection Point does not exceed 4.0 cubic yards per week and does not exceed fifty 50) pounds in weight; (4) Not commingle Yard Trash with Garbage in a Garbage Receptacle; (5) Place all of their Recyclables, as designated by the District Board, in Recycling Container (s); and (6) Not commingle Garbage or Yard Trash with Recyclables in a Recycling Container. B. Responsibilities of All County Residents. Each Person residing in the County shall take all appropriate steps to ensure the safe, prompt, and lawful processing or disposal of all Solid Waste and Recyclables generated, accumulated, or placed in, at, or on their Residential Unit or Mobile Home Park Co Responsibilities of .Commercial Service Customers. Each Customer receiving Commercial Service shall: (1) Obtain and use Commercial Container(s) or Garbage Receptacles, that are adequate to contain all of the Commercial Solid Waste generated or accumulated on the Customer's Commercial Property; (2) Ensure that all of their Commercial Solid Waste is placed in a Commercial Container or Garbage Receptacle at the Collection Point; (3) Ensure that the Commercial Containers and Garbage Receptacles on the Commercial Property are emptied at least once per week or when full, whichever occurs first. Commercial Containers and Garbage Receptacles that receive Garbage shall be emptied at least twice per week. The Director may require more frequent Collection when necessary to prevent a nuisance or to ensure compliance with this Ordinance. The District may prohibit the use of any Commercial Container or Garbage Receptacle that is unsuitable or undersized. D. Responsibilities of Commercial Property Owners and Occupants. 1. Each Owner and occupant of Commercial Property in the County shall take .all appropriate steps to ensure the safe, prompt, and lawful processing or disposal of all Commercial Solid 13 (4) Not commingle Yard Trash with Garbage in a Garbage Receptacle; (5) Place all of their Recyclables, as designated by the District Board, in Recycling Container (s); and (6) Not commingle Garbage or Yard Trash with Recyclables in a Recycling Container. B. Responsibilities of All County Residents. Each Person residing in the County shall take all appropriate steps to ensure the safe, prompt, and lawful processing or disposal of all Solid Waste and Recyclables generated, accumulated, or placed in, at, or on their Residential Unit or Mobile Home Park Co Responsibilities of .Commercial Service Customers. Each Customer receiving Commercial Service shall: (1) Obtain and use Commercial Container(s) or Garbage Receptacles, that are adequate to contain all of the Commercial Solid Waste generated or accumulated on the Customer's Commercial Property; (2) Ensure that all of their Commercial Solid Waste is placed in a Commercial Container or Garbage Receptacle at the Collection Point; (3) Ensure that the Commercial Containers and Garbage Receptacles on the Commercial Property are emptied at least once per week or when full, whichever occurs first. Commercial Containers and Garbage Receptacles that receive Garbage shall be emptied at least twice per week. The Director may require more frequent Collection when necessary to prevent a nuisance or to ensure compliance with this Ordinance. The District may prohibit the use of any Commercial Container or Garbage Receptacle that is unsuitable or undersized. D. Responsibilities of Commercial Property Owners and Occupants. 1. Each Owner and occupant of Commercial Property in the County shall take .all appropriate steps to ensure the safe, prompt, and lawful processing or disposal of all Commercial Solid 13 Waste generated, accumulated, or placed in, at, or on their Commercial Property. 2. Commercial Solid Waste shall not be transported from the Commercial Property where it. was generated to a Residential Unit, Multiple Dwelling Unit, or District Customer Convenience Center. SECTION TEN: COMMERCIAL CONTAINERS OR CONSTRUCTION AND DEMOLITION DEBRIS COMMERCIAL CONTAINERS REQUIRED AT CONSTRUCTION SITES A. Construction and Demolition Debris (except Land Clearing Debris) generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a Commercial Container or a Construction and Demolition Debris Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. The use of any container or receptacle other than a Commercial Container or Construction and Demolition Debris Commercial Container to store Construction and Demolition Debris at a construction, demolition, or renovation site is prohibited. The requirements, of this paragraph do not apply to the storage of Land Clearing Debris. Be The District may prohibit the use of any Commercial Container, Construction and Demolition Debris Commercial Container, or Garbage. Receptacle if the District determines that any such container is unsuitable, undersized, or otherwise not in compliance with this Ordinance. Any Person granted a Non- exclusive Construction and Demolition Debris Franchise shall use only Construction and Demolition Debris Commercial Containers in the County. C. The District may require a Franchisee to use only Construction and Demolition Debris Commercial Containers at the site of a construction, demolition, or renovation project. The District also may restrict the size, number, and types of Construction and Demolition Debris Commercial Containers used at such sites. Waste generated, accumulated, or placed in, at, or on their Commercial Property. 2. Commercial Solid Waste shall not be transported from the Commercial Property where it. was generated to a Residential Unit, Multiple Dwelling Unit, or District Customer Convenience Center. SECTION TEN: COMMERCIAL CONTAINERS OR CONSTRUCTION AND DEMOLITION DEBRIS COMMERCIAL CONTAINERS REQUIRED AT CONSTRUCTION SITES A. Construction and Demolition Debris (except Land Clearing Debris) generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a Commercial Container or a Construction and Demolition Debris Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. The use of any container or receptacle other than a Commercial Container or Construction and Demolition Debris Commercial Container to store Construction and Demolition Debris at a construction, demolition, or renovation site is prohibited. The requirements, of this paragraph do not apply to the storage of Land Clearing Debris. Be The District may prohibit the use of any Commercial Container, Construction and Demolition Debris Commercial Container, or Garbage. Receptacle if the District determines that any such container is unsuitable, undersized, or otherwise not in compliance with this Ordinance. Any Person granted a Non- exclusive Construction and Demolition Debris Franchise shall use only Construction and Demolition Debris Commercial Containers in the County. C. The District may require a Franchisee to use only Construction and Demolition Debris Commercial Containers at the site of a construction, demolition, or renovation project. The District also may restrict the size, number, and types of Construction and Demolition Debris Commercial Containers used at such sites. SECTION ELEVEN: APPLICATION PROCEDURES FOR FRANCHISES. someone Any Person wishing to engage in the business of Collecting, transporting or disposing of Regulated Solid Waste in the County for profit shall file an application for a Franchise on a form provided by the District. At a minimum, the application shall contain the information requested below. The District may supplement these minimum requirements by rule, regulation, or policy. A. The name, street address, mailing address, and phone number of the Person desiring a Franchise. Partnerships, corporations, and other business entities shall also furnish the names, mailing addresses, and phone numbers of the principal officers of the business. Each business entity shall identify its parent corporation, general partner, if any, manager or member - manager, if any, and all related and affiliated businesses. Be The name, address, and phone number of each Person and entity that will have the ability to control or direct the applicant's operations under the Franchise. C. The street address and phone number of the applicant's local place of business. D. A detailed map identifying the areas of the County that will be served by the applicant and a detailed explanation of the services that will be provided. E. The location of the Solid Waste Management Facility that will process or dispose the Regulated Solid Waste collected in the County by the applicant. F. A description and the license plate number of each vehicle and piece of mobile equipment that will be owned, leased or controlled by the applicant and used in the collection, transportation or disposal of Regulated Solid Waste within the County. SECTION ELEVEN: APPLICATION PROCEDURES FOR FRANCHISES. someone Any Person wishing to engage in the business of Collecting, transporting or disposing of Regulated Solid Waste in the County for profit shall file an application for a Franchise on a form provided by the District. At a minimum, the application shall contain the information requested below. The District may supplement these minimum requirements by rule, regulation, or policy. A. The name, street address, mailing address, and phone number of the Person desiring a Franchise. Partnerships, corporations, and other business entities shall also furnish the names, mailing addresses, and phone numbers of the principal officers of the business. Each business entity shall identify its parent corporation, general partner, if any, manager or member - manager, if any, and all related and affiliated businesses. Be The name, address, and phone number of each Person and entity that will have the ability to control or direct the applicant's operations under the Franchise. C. The street address and phone number of the applicant's local place of business. D. A detailed map identifying the areas of the County that will be served by the applicant and a detailed explanation of the services that will be provided. E. The location of the Solid Waste Management Facility that will process or dispose the Regulated Solid Waste collected in the County by the applicant. F. A description and the license plate number of each vehicle and piece of mobile equipment that will be owned, leased or controlled by the applicant and used in the collection, transportation or disposal of Regulated Solid Waste within the County. 0 G. A list including phone numbers of the key people that will provide Solid Waste services in the County, including the manager or supervisor who will be in charge of the applicant's operations within the County, and a description of their respective qualifications and experience. H. A description of the applicant's prior experience providing Solid Waste collection, transportation or disposal services. I. An audited financial statement or other appropriate documents to demonstrate that the applicant has the financial resources to provide the proposed services on a continuous and uninterrupted basis throughout the term of the Franchise. J. Proof of any required insurance coverage, as specified by the District. K. A statement that the applicant has read and is familiar with the requirements of this ordinance, as well as the District's rules, regulations, policies and Franchise Agreements, and the applicant agrees to operate in accordance with such requirements in the event that a Franchise is granted. L. A detailed description of all civil, criminal and administrative claims and lawsuits that are pending or were brought within the last ten years against any Person identified in Sections 11.A., Be, or G., above, and are based on: (1) a violation of any rule, statute, or other law concerning the protection of the environment; (2) the handling, transport, processing or disposal of Solid Waste, Recovered Materials, or Recyclables; or (3) a breach of any contract or franchise agreement involving the handling, transport or disposal of Solid Waste, Recovered Materials, or Recyclables. M. Payment to the District of a nonrefundable application fee of Fifty dollars ($50). 16 0 G. A list including phone numbers of the key people that will provide Solid Waste services in the County, including the manager or supervisor who will be in charge of the applicant's operations within the County, and a description of their respective qualifications and experience. H. A description of the applicant's prior experience providing Solid Waste collection, transportation or disposal services. I. An audited financial statement or other appropriate documents to demonstrate that the applicant has the financial resources to provide the proposed services on a continuous and uninterrupted basis throughout the term of the Franchise. J. Proof of any required insurance coverage, as specified by the District. K. A statement that the applicant has read and is familiar with the requirements of this ordinance, as well as the District's rules, regulations, policies and Franchise Agreements, and the applicant agrees to operate in accordance with such requirements in the event that a Franchise is granted. L. A detailed description of all civil, criminal and administrative claims and lawsuits that are pending or were brought within the last ten years against any Person identified in Sections 11.A., Be, or G., above, and are based on: (1) a violation of any rule, statute, or other law concerning the protection of the environment; (2) the handling, transport, processing or disposal of Solid Waste, Recovered Materials, or Recyclables; or (3) a breach of any contract or franchise agreement involving the handling, transport or disposal of Solid Waste, Recovered Materials, or Recyclables. M. Payment to the District of a nonrefundable application fee of Fifty dollars ($50). 16 SECTION TWELVE: STANDARDS FOR FRANCHISE ISSUANCE. A. Upon receipt of the application, the Director shall review the application and determine whether it contains the information required by this Ordinance. The. Director may request the applicant to provide any additional information that is necessary for the District's evaluation of the application. After the Director completes his evaluation of the application, he shall forward the application to the District Board for its consideration at a duly -scheduled meeting. The District shall provide the applicant with at least ten (10) days' advance written notice of the time and place for such meeting. At the District Board meeting, it shall be the applicant's burden to demonstrate to the District Board's satisfaction that: (1) The applicant's collection vehicles and equipment are sufficient to provide adequate and reliable service; (2) The applicant and its employees have sufficient technical experience and abilities to ensure the timely, reliable, and effective delivery of the services proposed by the applicant; (3) The applicant has the financial resources and other characteristics to ensure the timely, reliable, and effective provision of the services proposed by the applicant; (4) The applicant will strictly comply with all of the requirements of this Ordinance, the County Code, the Franchise Agreement, and all other applicable laws; and (5) The applicant's proposal is in the public interest. Be After considering the information presented by the applicant, the recommendation of the Director, and the information presented by the public and other interested parties, the District Board shall approve the application and issue a Franchise if the District Board determines that the applicant has demonstrated compliance with the standards set forth above. In the event the 17 SECTION TWELVE: STANDARDS FOR FRANCHISE ISSUANCE. A. Upon receipt of the application, the Director shall review the application and determine whether it contains the information required by this Ordinance. The. Director may request the applicant to provide any additional information that is necessary for the District's evaluation of the application. After the Director completes his evaluation of the application, he shall forward the application to the District Board for its consideration at a duly -scheduled meeting. The District shall provide the applicant with at least ten (10) days' advance written notice of the time and place for such meeting. At the District Board meeting, it shall be the applicant's burden to demonstrate to the District Board's satisfaction that: (1) The applicant's collection vehicles and equipment are sufficient to provide adequate and reliable service; (2) The applicant and its employees have sufficient technical experience and abilities to ensure the timely, reliable, and effective delivery of the services proposed by the applicant; (3) The applicant has the financial resources and other characteristics to ensure the timely, reliable, and effective provision of the services proposed by the applicant; (4) The applicant will strictly comply with all of the requirements of this Ordinance, the County Code, the Franchise Agreement, and all other applicable laws; and (5) The applicant's proposal is in the public interest. Be After considering the information presented by the applicant, the recommendation of the Director, and the information presented by the public and other interested parties, the District Board shall approve the application and issue a Franchise if the District Board determines that the applicant has demonstrated compliance with the standards set forth above. In the event the 17 District Board determines that the applicant has failed to demonstrate compliance with the District's standards, then the District Board shall deny the application. C. In its discretion, the District Board may authorize the County Administrator or the County Administrator's designee to approve or deny applications for a Franchise for Non-exclusive Construction and Demolition Debris Service, and, upon approval of any such application, to execute Franchise Agreements on behalf of the District Board. The District Board may waive the notice and public hearing requirements contained herein for such applications. SECTION THIRTEEN: TERMS AND CONDITIONS OF FRANCHISES. The specific terms of any Franchise granted by the District to a Franchisee shall be set forth in a written Franchise Agreement between the Franchisee and the District. The terms of the Franchise Agreement shall be subject to the District Board's review and approval. If the District Board authorizes the County Administrator or the County Administrator's designee to issue Franchises for Non-exclusive Construction and Demolition Debris Service, the District Board shall review and approve a standard form of the Franchise Agreement that shall be used by the Director when approving applications for such service. At a minimum, each Franchise Agreement shall be subject to the following conditions and limitations: A. A Franchise shall be valid for a term that is deemed appropriate by the District, but the term shall not exceed ten years. The Franchise may be renewed, at the District's sole discretion, in accordance with the provisions of this Ordinance and the Franchise Agreement. Be Each Franchisee shall pay a Franchise fee equal to six percent (6%) of the gross revenues collected by the Franchisee for: Residential Service in the Residential Franchise Area, Residential Recyclables Service and Recyclable Toter Service in the Residential Recyclables Franchise Areas Commercial Service; and Collection of Construction and Demolition Debris in any size 18 District Board determines that the applicant has failed to demonstrate compliance with the District's standards, then the District Board shall deny the application. C. In its discretion, the District Board may authorize the County Administrator or the County Administrator's designee to approve or deny applications for a Franchise for Non-exclusive Construction and Demolition Debris Service, and, upon approval of any such application, to execute Franchise Agreements on behalf of the District Board. The District Board may waive the notice and public hearing requirements contained herein for such applications. SECTION THIRTEEN: TERMS AND CONDITIONS OF FRANCHISES. The specific terms of any Franchise granted by the District to a Franchisee shall be set forth in a written Franchise Agreement between the Franchisee and the District. The terms of the Franchise Agreement shall be subject to the District Board's review and approval. If the District Board authorizes the County Administrator or the County Administrator's designee to issue Franchises for Non-exclusive Construction and Demolition Debris Service, the District Board shall review and approve a standard form of the Franchise Agreement that shall be used by the Director when approving applications for such service. At a minimum, each Franchise Agreement shall be subject to the following conditions and limitations: A. A Franchise shall be valid for a term that is deemed appropriate by the District, but the term shall not exceed ten years. The Franchise may be renewed, at the District's sole discretion, in accordance with the provisions of this Ordinance and the Franchise Agreement. Be Each Franchisee shall pay a Franchise fee equal to six percent (6%) of the gross revenues collected by the Franchisee for: Residential Service in the Residential Franchise Area, Residential Recyclables Service and Recyclable Toter Service in the Residential Recyclables Franchise Areas Commercial Service; and Collection of Construction and Demolition Debris in any size 18 a Commercial Container. The Franchise fee shall be accounted for and paid to the District on a monthly basis. Any payments due to the District and not received within the time frame set forth in the Franchise Agreement shall be subject to the penalties, interest rates, and administrative charges set forth in the Franchise Agreement C. Each Franchisee granted a Non-exclusive Construction and Demolition Debris Franchise shall pay a Franchise fee to the District of six percent (6%) of total gross revenues collected by the Franchisee for the services provided under the Franchise Agreement. The Franchise fee shall be accounted for and paid to the District on a quarterly basis, as set forth in the Franchise Agreement. Any payments due to the District and not received within the time frame set forth in the Franchise Agreement shall be subject to the penalties set forth in the Franchise Agreement and shall bear interest at the rate set forth in Section 55.03, Florida Statutes. D. A Franchisee may be required to provide a performance bond, letter of credit, cash, certificate of deposit, or other proof of financial responsibility deemed suitable by the District, to ensure the Franchisee's timely and lawful performance under the Franchise Agreement. E. During the term of the Franchise, the Franchisee shall continuously maintain any required automobile, general liability, comprehensive liability, and workers' compensation insurance in the amounts required by the District or the laws of the State of Florida, whichever is greater. Evidence of such continuous coverage shall be made by timely submitting a certificate of insurance from the insurer, which shall provide the District at least thirty (30) days' notice prior to the cancellation, termination, or modification of such coverage. The District shall be identified as a covered party under any such insurance, except the workers' compensation insurance. a Commercial Container. The Franchise fee shall be accounted for and paid to the District on a monthly basis. Any payments due to the District and not received within the time frame set forth in the Franchise Agreement shall be subject to the penalties, interest rates, and administrative charges set forth in the Franchise Agreement C. Each Franchisee granted a Non-exclusive Construction and Demolition Debris Franchise shall pay a Franchise fee to the District of six percent (6%) of total gross revenues collected by the Franchisee for the services provided under the Franchise Agreement. The Franchise fee shall be accounted for and paid to the District on a quarterly basis, as set forth in the Franchise Agreement. Any payments due to the District and not received within the time frame set forth in the Franchise Agreement shall be subject to the penalties set forth in the Franchise Agreement and shall bear interest at the rate set forth in Section 55.03, Florida Statutes. D. A Franchisee may be required to provide a performance bond, letter of credit, cash, certificate of deposit, or other proof of financial responsibility deemed suitable by the District, to ensure the Franchisee's timely and lawful performance under the Franchise Agreement. E. During the term of the Franchise, the Franchisee shall continuously maintain any required automobile, general liability, comprehensive liability, and workers' compensation insurance in the amounts required by the District or the laws of the State of Florida, whichever is greater. Evidence of such continuous coverage shall be made by timely submitting a certificate of insurance from the insurer, which shall provide the District at least thirty (30) days' notice prior to the cancellation, termination, or modification of such coverage. The District shall be identified as a covered party under any such insurance, except the workers' compensation insurance. F. As a condition of any Franchise issued hereunder, the Franchisee shall agree to comply with all requirements of this Ordinance, the County Code, any rules or regulations adopted.by the District Board, and any other applicable laws and regulations. G. All of the services to be provided by the Franchisee shall be provided in a careful and prudent manner so as to avoid any injury or damage to any Person or property. The Franchisee will be responsible and liable for the acts of its officers, employees, and agents. H. The Franchisee shall indemnify and hold the District, its officers, employees and agents harmless and free of all claims, demands, liabilities (including strict liabilities), actions and causes of action of any kind and description arising out of, or in any way related to, the Franchisee's services or actions, omissions or negligence under the Franchise. I. The District shall have the right to inspect the Franchisee'.s vehicles, equipment, operations, and records at any time, without prior notice, in order to determine whether the Franchisee is in compliance with the requirements of this Ordinance and the Franchise Agreement. SECTION FOURTEEN: SERVICE STANDARDS FOR FRANCHISEES. The District shall have the right to establish service standards applicable to the Franchises granted under this Ordinance. Any Person.holding a Franchise shall comply with the following minimum service standards and those set forth in the Franchise Agreement. A. The Franchisee shall employ, train, supervise, and control a sufficient number of competent employees, and shall acquire or have access to a sufficient number of vehicles and related equipment, to .ensure that the terms of this Ordinance and the Franchise Agreement are complied with at all times. F. As a condition of any Franchise issued hereunder, the Franchisee shall agree to comply with all requirements of this Ordinance, the County Code, any rules or regulations adopted.by the District Board, and any other applicable laws and regulations. G. All of the services to be provided by the Franchisee shall be provided in a careful and prudent manner so as to avoid any injury or damage to any Person or property. The Franchisee will be responsible and liable for the acts of its officers, employees, and agents. H. The Franchisee shall indemnify and hold the District, its officers, employees and agents harmless and free of all claims, demands, liabilities (including strict liabilities), actions and causes of action of any kind and description arising out of, or in any way related to, the Franchisee's services or actions, omissions or negligence under the Franchise. I. The District shall have the right to inspect the Franchisee'.s vehicles, equipment, operations, and records at any time, without prior notice, in order to determine whether the Franchisee is in compliance with the requirements of this Ordinance and the Franchise Agreement. SECTION FOURTEEN: SERVICE STANDARDS FOR FRANCHISEES. The District shall have the right to establish service standards applicable to the Franchises granted under this Ordinance. Any Person.holding a Franchise shall comply with the following minimum service standards and those set forth in the Franchise Agreement. A. The Franchisee shall employ, train, supervise, and control a sufficient number of competent employees, and shall acquire or have access to a sufficient number of vehicles and related equipment, to .ensure that the terms of this Ordinance and the Franchise Agreement are complied with at all times. B. The Franchisee shall be responsible for the lawful handling and management of any Solid Waste or other material that I s collected, transported or disposed by the Franchisee; provided, however, this provision shall not be interpreted as limiting any recourse the Franchisee may have against the generator of such Solid Waste. Co The Franchisee shall take all necessary steps to ensure that its actions and omissions do not cause litter or create a public nuisance in Indian River County. The Franchisee shall immediately cleanup any litter or spills, and shall immediately remedy any nuisance caused.by its actions. SECTION FIFTEEN: FRANCHISE RENEWALS. A. Each Franchise issued hereunder shall be for such period of time as determined by the District Board. Applications for renewal are the sole responsibility of the Franchisee and shall be filed with the County not later than 90 days prior to the expiration date of the Franchise. Failure to timely submit an application for renewal may result in the automatic termination of the applicant's existing Franchise. Be A Franchisee must demonstrate that it has complied and will comply with all requirements of this Ordinance, as amended from time to time, in order to qualify for renewal. The renewal application shall contain all of the information required for a new application. C. The District Board, in its discretion, may grant a Franchise renewal or extension for a period of time as determined by the District Board. The District Board, in its discretion, may delegate to the County Administrator or the County Administrator's designee the authority to grant a renewal or extension of a Non- exclusive Construction and Demolition Debris Franchise for a period of time as determined by the District Board. B. The Franchisee shall be responsible for the lawful handling and management of any Solid Waste or other material that I s collected, transported or disposed by the Franchisee; provided, however, this provision shall not be interpreted as limiting any recourse the Franchisee may have against the generator of such Solid Waste. Co The Franchisee shall take all necessary steps to ensure that its actions and omissions do not cause litter or create a public nuisance in Indian River County. The Franchisee shall immediately cleanup any litter or spills, and shall immediately remedy any nuisance caused.by its actions. SECTION FIFTEEN: FRANCHISE RENEWALS. A. Each Franchise issued hereunder shall be for such period of time as determined by the District Board. Applications for renewal are the sole responsibility of the Franchisee and shall be filed with the County not later than 90 days prior to the expiration date of the Franchise. Failure to timely submit an application for renewal may result in the automatic termination of the applicant's existing Franchise. Be A Franchisee must demonstrate that it has complied and will comply with all requirements of this Ordinance, as amended from time to time, in order to qualify for renewal. The renewal application shall contain all of the information required for a new application. C. The District Board, in its discretion, may grant a Franchise renewal or extension for a period of time as determined by the District Board. The District Board, in its discretion, may delegate to the County Administrator or the County Administrator's designee the authority to grant a renewal or extension of a Non- exclusive Construction and Demolition Debris Franchise for a period of time as determined by the District Board. D. No Franchise shall be renewed by the District Board or the County Administrator or the County Administrator's designee unless the District Board or the County Administrator or the County Administrator's designee, as applicable, makes a determination that such renewal complies with the requirements for a new Franchise. SECTION SIXTEEN: FRANCHISE TRANSFERS. A. Any Franchise issued hereunder shall be a privilege which is personal to the Franchisee and such Franchise shall not be sold, transferred, leased, assigned or disposed, in whole or in part, either by sale, merger, consolidation or otherwise, without the prior consent of the District Board, and then only under such conditions as the District Board may prescribe. Be Any request for transfer or assignment of a Franchise shall be made in writing and shall include a signed statement by the transferee confirming that the transferee accepts and will comply with all of the terms and conditions of the Franchise. Co The District Board is under no obligation to consent to a transfer or assignment of any Franchise. D. The District Board's consent to a transfer or assignment of a Franchise shall not be granted until the District Board has examined the proposed transferee's legal, financial, technical, and other qualifications and confirmed that the transferee satisfies the requirements that apply to a new Franchisee. SECTION SEVENTEEN: REVOCATION OF FRANCHISES. A. Any Franchise may be subject to revocation by the District Board upon an affirmative finding of the District Board that the Franchisee has failed or refused to comply with the requirements of this Ordinance, the County Code, the Franchise Agreement, or any applicable law. D. No Franchise shall be renewed by the District Board or the County Administrator or the County Administrator's designee unless the District Board or the County Administrator or the County Administrator's designee, as applicable, makes a determination that such renewal complies with the requirements for a new Franchise. SECTION SIXTEEN: FRANCHISE TRANSFERS. A. Any Franchise issued hereunder shall be a privilege which is personal to the Franchisee and such Franchise shall not be sold, transferred, leased, assigned or disposed, in whole or in part, either by sale, merger, consolidation or otherwise, without the prior consent of the District Board, and then only under such conditions as the District Board may prescribe. Be Any request for transfer or assignment of a Franchise shall be made in writing and shall include a signed statement by the transferee confirming that the transferee accepts and will comply with all of the terms and conditions of the Franchise. Co The District Board is under no obligation to consent to a transfer or assignment of any Franchise. D. The District Board's consent to a transfer or assignment of a Franchise shall not be granted until the District Board has examined the proposed transferee's legal, financial, technical, and other qualifications and confirmed that the transferee satisfies the requirements that apply to a new Franchisee. SECTION SEVENTEEN: REVOCATION OF FRANCHISES. A. Any Franchise may be subject to revocation by the District Board upon an affirmative finding of the District Board that the Franchisee has failed or refused to comply with the requirements of this Ordinance, the County Code, the Franchise Agreement, or any applicable law. B. The revocation of a Franchise shall not limit or prohibit the County from.pursuing any other enforcement process or remedy for a violation of this Ordinance, the County Code, or the Franchise Agreement. SECTION EIGHTEEN: RULES, REGULATIONS, AND FEES. A. The District Board is authorized to adopt Franchise fees and any other fees and charges necessary to implement the provisions of this Ordinance. The District Board may, by resolution, revise any fees (except Franchise Fees) and charges provided for by this Ordinance. The District Board also may adopt and revise any rules, regulations, or policies necessary to implement this Ordinance. Be The District Board shall establish appropriate fees, by resolution, for the disposal of different types of Solid Waste at the District Landfill. The fees may be changed by resolution, when deemed appropriate by the District Board. If any Person delivers Land Clearing Debris and other types of Construction and Demolition Debris to the District Landfill in one mixed load, the District may assess a disposal fee on the entire load, based on the cost of disposal for Construction and Demolition Debris. However, if the Person delivering the mixed load segregates the Land Clearing Debris from Construction and Demolition Debris, then the District shall assess separate disposal fees for the Land Clearing Debris. and for the Construction and Demolition Debris, based on their respective weight or volume. SECTION NINETEEN: FRANCHISEE AS INDEPENDENT CONTRACTOR. Each Franchisee is in all respects an independent contractor as to the work performed under a Franchise Agreement, notwithstanding that in certain respects the Franchisee is bound to comply with the requirements of the County and the District. The Franchisee is not an agent, servant, or employee of the County or the District. This Ordinance specifies certain work to be done by the Franchisee, but the method, manner, and means to be employed to accomplish this work shall be the responsibility of the Franchisee, unless otherwise provided in this Ordinance. 23 B. The revocation of a Franchise shall not limit or prohibit the County from.pursuing any other enforcement process or remedy for a violation of this Ordinance, the County Code, or the Franchise Agreement. SECTION EIGHTEEN: RULES, REGULATIONS, AND FEES. A. The District Board is authorized to adopt Franchise fees and any other fees and charges necessary to implement the provisions of this Ordinance. The District Board may, by resolution, revise any fees (except Franchise Fees) and charges provided for by this Ordinance. The District Board also may adopt and revise any rules, regulations, or policies necessary to implement this Ordinance. Be The District Board shall establish appropriate fees, by resolution, for the disposal of different types of Solid Waste at the District Landfill. The fees may be changed by resolution, when deemed appropriate by the District Board. If any Person delivers Land Clearing Debris and other types of Construction and Demolition Debris to the District Landfill in one mixed load, the District may assess a disposal fee on the entire load, based on the cost of disposal for Construction and Demolition Debris. However, if the Person delivering the mixed load segregates the Land Clearing Debris from Construction and Demolition Debris, then the District shall assess separate disposal fees for the Land Clearing Debris. and for the Construction and Demolition Debris, based on their respective weight or volume. SECTION NINETEEN: FRANCHISEE AS INDEPENDENT CONTRACTOR. Each Franchisee is in all respects an independent contractor as to the work performed under a Franchise Agreement, notwithstanding that in certain respects the Franchisee is bound to comply with the requirements of the County and the District. The Franchisee is not an agent, servant, or employee of the County or the District. This Ordinance specifies certain work to be done by the Franchisee, but the method, manner, and means to be employed to accomplish this work shall be the responsibility of the Franchisee, unless otherwise provided in this Ordinance. 23 SECTION TWENTY: LITTER CONTROL A. No Person shall cause or allow any Litter, or spillage of Solid Waste or other materials to occur in the County as a result of their activities. When transporting Solid Waste or other materials, the Solid Waste and other materials shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. Each Person shall immediately clean up any Litter, or spillage caused by their activities. Each Franchisee also shall immediately clean up any oil or hydraulic fluid that spills from their vehicles. B. Each owner of Commercial Property in the County, except Multiple Dwelling Units, shall place Litter receptacles on their property. The size, composition, appearance, number, and location of such receptacles shall be determined initially by the owner of the Commercial Property, based on the size, nature, location, and use of the owner's Commercial Property, but the owner's determination shall be subject to the Director's approval. The owner shall remove or arrange for the removal of the contents from each receptacle when full or once per week, whichever is more frequent. C. Each owner of Commercial Property in the County, except Multiple Dwelling Units, shall be required to place signs on their property warning the public against littering. The content, size, location, and number of such signs shall be determined initially by the owner, based on the size, nature, location, and use of the owner's Commercial Property, but the owner's determination shall be subject to the Director's approval. D. The Director shall provide written notice to any Person that fails to comply with the requirements of subsections B or C, above, and shall provide at least 30 days to come into compliance. Thereafter, the County may compel compliance in accordance with the provisions of this Ordinance. SECTION TWENTY: LITTER CONTROL A. No Person shall cause or allow any Litter, or spillage of Solid Waste or other materials to occur in the County as a result of their activities. When transporting Solid Waste or other materials, the Solid Waste and other materials shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. Each Person shall immediately clean up any Litter, or spillage caused by their activities. Each Franchisee also shall immediately clean up any oil or hydraulic fluid that spills from their vehicles. B. Each owner of Commercial Property in the County, except Multiple Dwelling Units, shall place Litter receptacles on their property. The size, composition, appearance, number, and location of such receptacles shall be determined initially by the owner of the Commercial Property, based on the size, nature, location, and use of the owner's Commercial Property, but the owner's determination shall be subject to the Director's approval. The owner shall remove or arrange for the removal of the contents from each receptacle when full or once per week, whichever is more frequent. C. Each owner of Commercial Property in the County, except Multiple Dwelling Units, shall be required to place signs on their property warning the public against littering. The content, size, location, and number of such signs shall be determined initially by the owner, based on the size, nature, location, and use of the owner's Commercial Property, but the owner's determination shall be subject to the Director's approval. D. The Director shall provide written notice to any Person that fails to comply with the requirements of subsections B or C, above, and shall provide at least 30 days to come into compliance. Thereafter, the County may compel compliance in accordance with the provisions of this Ordinance. SECTION TWENTY-ONE: NO SALVAGING PERMITTED. No Person shall salvage, take or remove Solid Waste, Recovered Materials, Recyclables, White Goods, waste tires, used oil, lead -acid batteries, or ash residue from the District Landfill or the District Customer Convenience Centers, unless such Person has received the District's prior written approval. SECTION, TWENTY-TWO: CIVIL REMEDIES. The.District Board, the County, or any aggrieved Person, may resort to such remedies at law or in equity as may be necessary to ensure compliance with the provisions hereof, including injunctive relief to enjoin and restrain any Person violating the provisions of this Ordinance. PART II: AMENDMENTS TO PART II: SOLID WASTE DISPOSAL DISTRICT OF CHAPTER 204 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA. SECTION ONE: AMENDMENTS TO SECTION 204.24. After the effective date of this Ordinance, the following definitions codified in Section 204.24 of the County Code shall be amended as follows: Garden trash shall mean all accumulation of leaves, grass, shrubbery cuttings, logs under three (3) inches in diameter, tree limbs, brush, palm fronds, and other refuse attending the care of lawns, shrubbery, vines, and trees. Industrial waste shall mean the waste products of canneries, fisheries, slaughterhouses or packing plants, condemned food products, agricultural waste products, waste and debris from brick, concrete block, roofing shingles, or tile plates, debris and wastes accumulated from !-a:'d"-'--c-1-ea'ring excavating, building, rebuilding, and altering of buildings, structures, roads, street, sidewalks, or parkways, and other solid waste products generated from industrial processing or manufacturing. Special wastes shall mean Solid Wastes that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, and biological wastes _ .V..:._ El e . __ . h.- -; v . ei--- e a-teu tn:r-� :_. e -s -V - , 9: r- 4-, .a�br'�'-s---crz----r rccr:deu J wastes.. These wastes 25 SECTION TWENTY-ONE: NO SALVAGING PERMITTED. No Person shall salvage, take or remove Solid Waste, Recovered Materials, Recyclables, White Goods, waste tires, used oil, lead -acid batteries, or ash residue from the District Landfill or the District Customer Convenience Centers, unless such Person has received the District's prior written approval. SECTION, TWENTY-TWO: CIVIL REMEDIES. The.District Board, the County, or any aggrieved Person, may resort to such remedies at law or in equity as may be necessary to ensure compliance with the provisions hereof, including injunctive relief to enjoin and restrain any Person violating the provisions of this Ordinance. PART II: AMENDMENTS TO PART II: SOLID WASTE DISPOSAL DISTRICT OF CHAPTER 204 OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA. SECTION ONE: AMENDMENTS TO SECTION 204.24. After the effective date of this Ordinance, the following definitions codified in Section 204.24 of the County Code shall be amended as follows: Garden trash shall mean all accumulation of leaves, grass, shrubbery cuttings, logs under three (3) inches in diameter, tree limbs, brush, palm fronds, and other refuse attending the care of lawns, shrubbery, vines, and trees. Industrial waste shall mean the waste products of canneries, fisheries, slaughterhouses or packing plants, condemned food products, agricultural waste products, waste and debris from brick, concrete block, roofing shingles, or tile plates, debris and wastes accumulated from !-a:'d"-'--c-1-ea'ring excavating, building, rebuilding, and altering of buildings, structures, roads, street, sidewalks, or parkways, and other solid waste products generated from industrial processing or manufacturing. Special wastes shall mean Solid Wastes that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead -acid batteries, Construction and Demolition Debris, ash residue, and biological wastes _ .V..:._ El e . __ . h.- -; v . ei--- e ateu tn:�-� :_. zt e -s -V - , 9: r- 4-, .a�br'�'-s---crz----r rccr:deu J wastes.. These wastes 25 also include -,s -Solid wW_aste from unimproved real property of any size and improved real property of more than one acre. SECTION TWO: AMENDMENTS TO SECTION 204.31 After the effective date of this Ordinance, the following subsection codified in Section 204.31 of the County Code shall be I mended as follows: 204.31 (a) Permit required. Each pPerson transporting 7Special wWaste to the District 'Landfill shall be required to obtain a permit from the dDistrict to dispose of the material at the District �Landfill. Notwithstanding the foregoing, a Person conveying Construction and Demolition Debris to the District's Landfill must obtain a Franchise, as set forth in this. Ordinance, but does not need to obtain a permit under this section 204.31 of the Countv Code. PART III: GENERAL PROVISIONS. SECTION ONE: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION TWO: REPEAL OF CONFLICTING ORDINANCES. Part One of the existing Indian River County Solid Waste Disposal District Ordinance, Chapter 204 of the County Code, is hereby repealed in its entirety. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION THREE: INCLUSION IN THE 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 Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be ion", "article", or any other appropriate word. changed to."sect also include -,s -Solid wW_aste from unimproved real property of any size and improved real property of more than one acre. SECTION TWO: AMENDMENTS TO SECTION 204.31 After the effective date of this Ordinance, the following subsection codified in Section 204.31 of the County Code shall be I mended as follows: 204.31 (a) Permit required. Each pPerson transporting 7Special wWaste to the District 'Landfill shall be required to obtain a permit from the dDistrict to dispose of the material at the District �Landfill. Notwithstanding the foregoing, a Person conveying Construction and Demolition Debris to the District's Landfill must obtain a Franchise, as set forth in this. Ordinance, but does not need to obtain a permit under this section 204.31 of the Countv Code. PART III: GENERAL PROVISIONS. SECTION ONE: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION TWO: REPEAL OF CONFLICTING ORDINANCES. Part One of the existing Indian River County Solid Waste Disposal District Ordinance, Chapter 204 of the County Code, is hereby repealed in its entirety. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION THREE: INCLUSION IN THE 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 Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be ion", "article", or any other appropriate word. changed to."sect SECTION FOUR: EFFECTIVE,DATE. This Ordinance shall become effective on April 30, 2003. This Ordinance was advertised in the Vero Beach Press Journal on April 4, 2003, for a public hearing to be held on April 15, 2003. During the April 15, 2003, public hearing, this Ordinance was moved for adoption by Commissioner Ginn and seconded by Commissioner Lowther and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Arthur R. Neuberger Aye Rf Commissioner Thomas S. Lowther Aye DULY PASSED AND ADOPTED THIS 15th DAY OF APRIL, 2003 ArY INDIAN RIVER''. COUNTY',' FLORIDA Attest: J. K. Barton, Clerk BOARD.OF COUNTY COMM=ISSITONERS B Edi }. Deputy Clerk ��ATRICAA IDQELY Approved: ames E. CITandler County Administrator g.� t rL Appy suif; ietfr R . Mar I- , K. }_ r 11 igxian E. veli Assistant County Attorney Effective date: This Ordinance was filed with the Department of State on the 2k day of April, 2003, and becomes effective on April 30, 2003. SECTION FOUR: EFFECTIVE,DATE. This Ordinance shall become effective on April 30, 2003. This Ordinance was advertised in the Vero Beach Press Journal on April 4, 2003, for a public hearing to be held on April 15, 2003. During the April 15, 2003, public hearing, this Ordinance was moved for adoption by Commissioner Ginn and seconded by Commissioner Lowther and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Arthur R. Neuberger Aye Rf Commissioner Thomas S. Lowther Aye DULY PASSED AND ADOPTED THIS 15th DAY OF APRIL, 2003 ArY INDIAN RIVER''. COUNTY',' FLORIDA Attest: J. K. Barton, Clerk BOARD.OF COUNTY COMM=ISSITONERS B Edi }. Deputy Clerk ��ATRICAA IDQELY Approved: ames E. CITandler County Administrator g.� t rL Appy suif; ietfr R . Mar I- , K. }_ r 11 igxian E. veli Assistant County Attorney Effective date: This Ordinance was filed with the Department of State on the 2k day of April, 2003, and becomes effective on April 30, 2003.