HomeMy WebLinkAbout2012-011ORDINANCE NO. 2012- 011
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING AND ADDING
VARIOUS SECTIONS OF CHAPTER 204 (SOLID WASTE DISPOSAL)
OF THE CODE OF INDIAN RIVER COUNTY; ELIMINATING THE
REQUIREMENT THAT PROCESSORS OF CONSTRUCTION AND
DEMOLITION DEBRIS ("C&D MATERIALS") OR RECYCLABLE
MATERIALS OBTAIN A FRANCHISE; SIMPLIFYING THE PROCESS
FOR GRANTING NON-EXCLUSIVE CONSTRUCTION AND
DEMOLITION DEBRIS FRANCHISES TO PERSONS WHO COLLECT
OR TRANSPORT C&D MATERIALS FOR PROFIT ("C&D HAULERS");
AND REQUIRING PROCESSORS OF C&D MATERIALS TO COLLECT
A FRANCHISE FEE FROM C&D HAULERS, AND TO REMIT THE FEE
TO THE SOLID WASTE DISPOSAL DISTRICT OR APPROPRIATE
MUNICIPALITY; MAKING FINDINGS; AND PROVIDING FOR
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, chapter 204 (Solid Waste Materials) of the Code of Indian River
County ("Code") currently requires that processors of construction and demolition debris
("C&D Processors") and processors of certain recyclable materials obtain a franchise
from the Solid Waste Disposal District and pay a franchise fee to the District equal to six
percent (6%) of gross receipts; and
WHEREAS, chapter 204 of the Code also requires that certain persons who
collect or transport construction and demolition debris for profit ("C&D Haulers") obtain a
non-exclusive franchise from the District and pay a franchise fee to the District equal to
six percent (6%) of gross receipts; and
WHEREAS, to reduce the administrative and financial burden on C&D Haulers,
the District has decided to replace individual franchise agreements with a general
franchise and registration process, and to replace the franchise fee of six percent (6%)
of gross receipts with a lower franchise fee of six percent (6%) of the tipping fee paid by
C&D Haulers to C&D Processors; and
WHEREAS, to reduce the administrative and financial burden on C&D
Processors, the District has decided to eliminate the requirement that C&D Processors
obtain a franchise from the District and pay a franchise fee to the District equal to six
percent (6%) of gross receipts; and,
WHEREAS, in exchange for reducing the administrative and financial burden on
C&D Processors, the District has determined that it is appropriate to require that C&D
Processors collect the franchise fee paid by C&D Haulers (6% of the tipping fee) and
remit such fee to the District or appropriate municipality; and
ORDINANCE NO. 2012- 011
WHEREAS, the franchise fee paid by C&D Haulers (6% of the tipping fee) is
reasonably related to, among other things: (1) the value of being allowed to collect
construction and demolition debris from the residents of the County, (2) the value of
having the use of the roads and rights of way in the County to provide collection service
to the County's residents, (3) the cost of regulating and maintaining the roads and rights
of way in the County, and (4) the cost of regulating those who collect and transport
construction and demolition debris in the County for profit; and
WHEREAS, to promote recycling activities, the District has decided to eliminate
the requirement that facilities which process recyclable materials obtain a franchise
agreement or pay a franchise fee,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida
Statutes, among other provisions of Florida law, vest broad home rule powers in the
County to enact ordinances regulating the collection and disposal of regulated solid
waste, provided such ordinances are not inconsistent with general or special law, and
are enacted to promote the public health, safety and welfare of the residents of the
County. The Board specifically determines that the enactment of this ordinance is not
inconsistent with general or special law, and is necessary and appropriate to promote
the public health, safety and welfare of the residents of Indian River County.
Section 2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and
hereby incorporates such clauses as findings of the Board.
Section 3 Amendment and Addition of Various Sections of Chapter 204 of the
Indian River County Code.
Sections 204.06, 204.07, 204.08, 204.11, 204.12, 204.13, 204.15, 204.17 and
204.19 of the Code are amended and sections 204.08.1 and 204.13.1 are added, as set
forth below (added language is indicated by underline, and deleted language is
indicated by tFikethmunh):
Section 204.06. Definitions.
For the purposes of this part, the definitions contained in this section 204.06 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
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include the singular; words in the singular number include the plural; the terms "hereof',
"hereby", "herein", "hereto", "hereunder" and similar terms refer to this part; and the
term "hereafter" means after, and the term "heretofore" means before, the effective date
of this part. The word "shall" is always mandatory and not merely discretionary.
Pursuant to F.S. § 403.7031, all dtiens terms defined in this section 204.06 shall be
construed in a manner that is consistent with the definitions contained in F.S. § 403.703.
In the case of any conflict or inconsistency between the definitions in this part and the
definitions contained in F.S. § 403.703, the statutory definition shall control.
Board means the Board of County Commissioners of Indian River County,
Florida.
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.
Collect and collection means the process whereby 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.
Collection point means the location where a franchisee picks up the solid waste
and recyclable materials discarded by a customer.
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.
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.
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.
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.
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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 materials, 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 F.S. § 403.707(13)(j), 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.
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.
County means the unincorporated areas of Indian River County, Florida.
County Code means The Code of Indian River County, Florida.
Customer means a person having a contract with a franchisee for the collection
of solid waste or recyclables.
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
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construction and demolition debris. The three (3) percent limitation applies to the
volume or weight of the solid waste, whichever is more restrictive, as de+�,� d
estimated by visual inspections or determined by 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.
Director means the director of the county's department of utilities services or the
director's designee.
District means the Indian River County Solid Waste Disposal District, a
dependent special district of Indian River County, Florida.
District board means the district's governing body.
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.
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.
Franchise means a grant of authority from the district to a person for the
exclusive or nonexclusive right to collect, transport;-pfesess-or dispose of solid waste or
recyclables in the county.
Franchise agreement means a written agreement between a franchisee and the
district, which sets forth the specific terms and limitations of the franchise.
Franchisee means a person to whom the district has granted a franchise.
Garbage means all kitchen and table food waste, and any animal, vegetative,
food or other organic waste that is attendant with or results from the storage,
preparation, cooking, or handling of food materials.
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).
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 -
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ORDINANCE NO. 2012- oil
of -way or easement maintenance, farming operations, nursery operations, or any other
sources not related directly to a construction project.
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.
Mobile home park means any improved real property divided into spaces for the
placement of mobile or modular homes or trailers.
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.
Non-exclusive construction and demolition debris franchise means a fy r
„aRG;isee;
a grant of authority from the district to a person for the non-
exclusive right to collect or transport construction and demolition debris in a construction
and demolition debris commercial container.
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.
Ordinance means this County Ordinance No. 2003-014, as amended.
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.
Process or processing means any technique designed to change the physical,
chemical or biological character or composition of any solid waste so as to render it
safe for transportamendable to recovery, storage, or recycling; safe for disposal or
reduced in volume or concentration.
Recovered materials means metal, paper, glass, plastic, textile, or 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
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any use that constitutes disposal. Recovered materials as described above are not solid
waste.
Recyclables or recyclable material means those materials which are capable of
being recycled and which would otherwise be processed or disposed of as solid waste.
The specific recyclables regulated under this part shall be designated by the district
board.
Recycling container means a rigid container made of plastic or other suitable
substance that is used for the storage of recyclable materials.
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" or roll carts.
Regulated solid waste means construction and demolition debris, commercial
solid waste, residential solid waste, and recyclables.
Residential franchise area means a geographic area in the county where
residential solid waste is collected by a franchisee.
Residential recyclables franchise area means the geographical area in the
county where residential recyclables service or
recyclables toter service is provided by a franchisee.
Residential recyclables service means the collection of recyclables from a
residential unit by a franchisee using recycling containers.
Residential service means the collection of residential solid waste by a
franchisee.
Residential solid waste means garbage, trash, yard trash, and bulk Ttrash
resulting from the normal housekeeping activities of a residential unit or a mobile home
park that has elected to receive residential service.
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.
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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.
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.
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 F.S. § 403.7046, except the portion of such facilities, if any, that is
used for the management of solid waste.
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.
Tipping fee means any fee or charge imposed by a solid waste management
facility, demolition debris facility (as defined in the land development regulations) or
other facility to receive or accept construction and demolition debris for processing or
disposal by the facility.
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.
White goods means and includes inoperative and discarded refrigerators,
ranges, water heaters, freezers, and other similar domestic and commercial large
appliances.
Yard trash means vegetative matter resulting from landscaping maintenance and
land clearing operations.
Section 204.07. Franchises for collection of regulated solid waste.
(a) After April 30, 2003, it shall be unlawful for any person to collect, transport,
pFesessT or dispose of regulated solid waste within the county for profit unless such
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ORDINANCE NO. 2012- 011
person's activities are exempt from the provisions of this part or authorized by a
franchise granted by the district.
(b) 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 part, except sections 204.11, an4
204.127and 204.13.1.
(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, Presessin; or disposal of regulated solid waste within the county for
profit. 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 part.
(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 part.
Section 204.08. Exemptions.
(a) A person may collect, transport -aces; 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.
(b) A natural person in the county may collect and transport only the
residential solid waste, recovered material, recyclables, and yard Ttrash 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.
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(c) A franchise is not required under this part for the collection, transportation;
49 -, -or disposal of recyclable materials by a not-for-profit person.
(d) A franchise is not required under this ordinance for the collection,
transportation, PFecessing 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 part. 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 part.
(f) The limited exemptions contained in this part do not relieve any person of
their obligation to comply with all of the other applicable provisions of this part.
Section 204.08.1. Franchise not required for certain processing activities;
collection of franchise fee from non-exclusive construction and demolition debris
franchisees.
(a) A franchise shall not be required to process construction and demolition
debris or recyclable materials for the purpose of separating, recovering or removing raw
materials for sale, use or reuse.
(b) To the extent that activities described in subparagraph (a) generate solid
waste which must be disposed of in a solid waste management facility, a franchise shall
not be required for the owner or operator of the processing facility to transport such
solid waste from the processing facility to a solid waste management facility or to
dispose of such solid waste in the solid waste management facility.
(c) After June 1 2012, any processing facility which receives or accepts
construction and demolition debris from a non-exclusive construction and demolition
debris franchisee shall (i) register with the district on a form provided for such purpose
by the district (ii) collect from each non-exclusive franchisee a fee equal to six percent
(6%) of the Tipping Fee paid by the franchisee to the facility, and (ii) remit such fee to
the district on a monthly basis (no later than the 15th day of the month following
collection) in accordance with the district's established procedure. The district shall
Periodically identify the district's non-exclusive franchisees from whom the facility must
collect the fee. The district shall have the right, upon reasonable notice, to inspect the
books and records of the facility to determine compliance with this subparagraph. The
facility shall generally cooperate with and assist the district in accomplishing the
purposes of this subsection.
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(d) If any municipality located in Indian River County grants a non-exclusive
franchise to any person to collect construction and demolition debris within the
boundaries of such municipality, which franchise requires payment of a franchise fee
based on a percentage of the Tipping Fee, any processing facility which receives or
accepts such debris shall, if so provided in the municipal ordinance, cooperate with the
municipality by collecting the franchise fee and remitting the fee to the municipality in
accordance with the municipality's established procedure.
Section 204.11. Application procedures for franchises.
Except as set forth in section 204.13.1 below, 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.
(1) 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.
(2) 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.
(3) The street address and phone number of the applicant's local place
of business.
(4) 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.
(5) The location of the solid waste management facility that will
process or dispose the regulated solid waste collected in the county by the
applicant.
(6) 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.
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ORDINANCE NO. 2012- 011
(7) 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.
(8) A description of the applicant's prior experience providing solid
waste collection, transportation or disposal services.
(9) 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.
(10) Proof of any required insurance coverage, as specified by the
district.
(11) A statement that the applicant has read and is familiar with the
requirements of this part, 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.
(12) 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 section 204.11(1), (2) or (7), 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.
(13) Payment to the district of a nonrefundable application fee of fifty
dollars ($50.00).
Section 204.12. 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 part. 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:
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(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
part, the County Code, the franchise agreement, and all other applicable laws;
and
(5) The applicant's proposal is in the public interest.
(b) 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 district board determines that the applicant
has failed to demonstrate compliance with the district's standards, then the district board
shall deny the application.
Section 204.13. Terms and conditions of franchises.
Except as set forth in section 204.13.1 below, 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 diStFic+ beard authorizes +h9
approve a 6tandaFd form E)f the franGhise-Ga91111-11111. that shall be used by the direGtOf
At a minimum, each franchise agreement
shall be subject to the following conditions and limitations:
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IF F
Section 204.13. Terms and conditions of franchises.
Except as set forth in section 204.13.1 below, 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 diStFic+ beard authorizes +h9
approve a 6tandaFd form E)f the franGhise-Ga91111-11111. that shall be used by the direGtOf
At a minimum, each franchise agreement
shall be subject to the following conditions and limitations:
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(1) 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
part and the franchise agreement.
(2) Each franchisee shall pay a franchise fee equal to six (6) percent 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 area; commercial service; and
collection of construction and demolition Ddebris in any size 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.
(43) 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.
(54) 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.
(65) As a condition of any franchise issued hereunder, the franchisee
shall agree to comply with all requirements of this part, the County Code, any
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rules or regulations adopted by the district board, and any other applicable laws
and regulations.
(76) 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.
(97) 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.
(98) 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
part and the franchise agreement.
Section 204.13.1. Simplified Process for Granting Non -Exclusive Construction
and Demolition Debris Franchises.
(a) Any person who collects or transports construction and demolition debris
in a construction and demolition debris commercial container in the county for profit
shall obtain a non-exclusive construction and demolition debris franchise in accordance
with this section.
(b) The district shall grant a non-exclusive construction and demolition debris
franchise to each person that registers and complies with the requirements set forth
herein The non-exclusive construction and demolition debris franchise shall authorize
such persons to use the county's roads and rights of way to collect and transport
construction and demolition debris in a construction and demolition debris commercial
container in the county. The franchise shall be effective when issued. The term of the
franchise shall be one (1) year, and shall automatically renew for additional one (1) year
renewal terms unless either party gives written notice of non -renewal no less than sixty
(60) days prior to expiration of the existing term.
(c) Each person seeking a franchisee under this section shall:
(1) register with the district by submitting the following information on
forms provided by the district: the name, street address, mailing address and
telephone number of the applicant; the make, model, year and license plate
number of each vehicle that will be using the county's roads and rights of way to
collect or transport construction and demolition debris; and the size (capacity)
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ORDINANCE NO. 2012- oil
and identification number of each construction and demolition debris commercial
container that will be used to collect construction and demolition debris in the
county. The registration form shall be signed by the applicant or a duly
authorized representative of the applicant and shall include a statement
confirming the applicant's acceptance of and commitment to comply with the
terms of the non-exclusive construction and demolition debris franchise. The
registration form shall be submitted with proof of the applicant's compliance with
applicable state insurance requirements, including without limitation motor
vehicle liability insurance. Upon receipt of the completed registration form
together with proof of required insurance, the district shall issue a certificate of
registration to the applicant. The certificate of registration shall confirm that the
applicant has received and is authorized to use a non-exclusive construction and
demolition franchise, subject to the conditions contained herein. A separate
franchise agreement is not required and will not be issued under this section.
(d) Each franchisee shall:
(1) advise the district in writing within thirty (30) days of any change in
the information provided in the registration form;
(2) prominently display on the windshield of each vehicle used to
collect or transport construction and demolition debris a decal issued by the
district confirming the franchisee's status as a non-exclusive construction and
demolition debris franchise holder:
(3) pay a franchise fee in the amount of six (6) percent of the Tipping
Fee paid by the franchisee to the facility which receives or accepts the
construction and demolition debris from the franchisee for processing or disposal.
The fee shall be paid to the processing or disposal facility which shall remit the
fee to the district, pursuant to section 204.08.1(c) above;
(4) obtain and maintain all insurance required by state law; and
(5) comply with all applicable local, state and federal law, including,
without limitation, the service standards for franchisees set forth in section
204.14 below, and any rules and regulations adopted by the district.
e) Notwithstandina the above, if anv municipality located in Indian River
County grants a franchise to any person to collect construction and demolition debris
within the boundaries of such municipality, which franchise requires payment of a
franchise fee to the municipality, the franchise fee set forth in subsection (d)(3) above
shall not be charged with respect to debris collected within the boundaries of such
municipality. Misrepresentation as to the origin of a load of debris, made by a person
granted a non-exclusive construction and demolition franchise under this section for the
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ORDINANCE NO. 2012- 011
purpose of avoiding payment of the franchise fee set forth in subsection (d)(3), shall be
grounds for revocation of such franchise under section 204.17 below. Nothing herein
shall impose a duty upon the processing or disposal facility to investigate the origin of a
load of debris received or accepted by the facility.
Section 204.15. Franchise renewals.
(a) Except as set forth in section 204.13.1 above, 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.
(b) A franchisee must demonstrate that it has complied and will comply with
all requirements of this part, 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. , in
(d) No franchise shall be renewed by the district board or
,adrnonini6tFater er GO inty adminis er'6 designee --unless the district board OF the
admiRistratc*'s designee, as aPPliG makes a
determination that such renewal complies with the requirements for a new franchise.
Section 204.17. Revocation of franchises.
(a) Any franchise, including a non-exclusive construction and demolition
debris franchise granted pursuant to section 204.13.1 above, may be subject to
revocation by the district board upon an affirmative finding of the district board, following
notice and an opportunity for the franchisee to be heard, that the franchisee has failed
or refused to comply with the requirements of this part, 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 part, the
County Code, or the franchise agreement.
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ORDINANCE NO. 2012- 011
Section 204.19. Franchisee as independent contractor.
Each franchisee is in all respects an independent contractor as to the work
performed under a the franchise agFeen;eat, 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 part.
Section 4. Severability. If any part of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance
shall not be affected by such holding and shall remain in full force and effect.
Section 5. Codification. It is the intention of the Board of County Commissioners that
the provision of this ordinance shall become and be made part of the Indian River
County Code, and that the sections of this ordinance may be renumbered or re -lettered
and the word ordinance may be changed to section, article or such other appropriate
word or phrase in order to accomplish such intention.
Section 6. Effective Date. This ordinance shall become effective upon enactment by
the Board of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Vero Beach Press Journal on the 5th day of
May, 2012 for a public hearing to be held on the 15th day of May, 2012, at which time it
was moved for adoption by Commissioner Davis , seconded by
Commissioner Flescher , and adopted by the following vote:
Chairman Gary C. Wheeler
Aye
Vice Chairman Peter D. O'Bryan
Aye
Commissioner Wesley S. Davis
Aye
Commissioner Joseph E. Flescher
Aye
Commissioner Bob Solari
Aye
The Chairman thereupon declared the ordinance duly passed and adopted this
15th day of May, 2012.
BOARD OF COUNTY COMMISSIONERS
�aMMissl Ory• INDIAN RIVER COUNTY, FLORIDA
Gary C. Veeler, Chairman
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ORDINANCE NO. 2012- 011
ATTEST: Jeffrey K. Barton, Clerk Approved as to form and legal sufficiency:
By: ,c_. �L - r
Deputy Clerk Alan S. Polac ich, Sr., County Attorney
EFFECTIVE DATE: This ordinance was filed with the Department of State on the
day of May, 2012.
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