HomeMy WebLinkAboutOrdinanceCity of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11559 Final Action Date: 7/27/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"GARBAGE AND OTHER SOLID WASTE," BY ESTABLISHING ARTICLE IX,
TITLED "WASTE METERING," TO PROVIDE REGULATIONS FOR THE CITY
OF MIAMI AND CERTAIN COMMERCIAL BUSINESSES AS DEFINED HEREIN;
REQUIRING THE MONITORING AND REPORTING OF WASTE PRODUCTION
USING SMART TECHNOLOGY; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes
WHEREAS, as sea -level rise becomes more of a daily concern, other environmental
concerns that can contribute to overall climate problems need to be addressed; and
WHEREAS, any opportunity to lead the way in reducing waste that is non -reusable or
recyclable is in the best interests of the City of Miami ("City"); and
WHEREAS, any opportunity to reduce greenhouse gasses and overflowing waste
dumps is in the best interest of the City; and
WHEREAS, to assist in establishing future programs that will be viable and successful in
reducing harmful greenhouse emissions and non -reusable and recyclable waste creating a
technology driven ordinance that allows the City to measure the flow of this waste is essential;
and
WHEREAS, it is important for the City and the City's major, large commercial buildings
known as Covered Businesses to be at the forefront of this effort; and
WHEREAS, Covered Businesses are defined as "any business that generates more
than two (2) cubic yards, or more, of municipal solid waste, recycling and/or compost material
per year"; and
WHEREAS, the metering technology will allow remote monitoring that will consistently
analyze and report the volume of usage of solid waste, recycling, and compost generation which
will allow a maximization of services, optimizing collection schedules, enhancing recycling
programs, and improving landfill diversion; and
WHEREAS, because this technology tracks the waste usage volumes, it will assist the
City in determining insufficiencies that can lead to improper disposal and illegal dumping to help
thwart those activities in the future; and
WHEREAS, it is in the best interest of the City, its large building waste producers, and
the community as a whole to use waste metering technology to maximize the City's usage of all
disposal and renewal means to help create a better environment for the future;
City of Miami Page 1 of 4 File ID: 11559 (Revision: A) Printed On: 7/8/2025
File ID: 11559 Enactment Number:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 22, Article IX of the City Code is amended in the follow particulars:1
"CHAPTER 22
GARBAGE AND OTHER SOLID WASTE
ARTILCE IX. WASTE METERING
Sec. 22-186. Applicability, Policy Statement, and Purpose.
This Article is intended to govern the implementation of waste metering technology within the
City to enable the accurate measurement of and identification of opportunities to reduce the
costs, recycling contamination, and greenhouse gas emissions of waste generated by (i) City
Departments, City entities, and City -owned buildings (collectively, "City") and (ii) commercial
businesses that meet the criteria defined herein (collectively, "Covered Businesses").
Sec. 22-187. - Definitions.
Container: Any Container that can hold one (1) cubic yard or more of material and is used for
the disposal or collection of municipal solid waste, recycling, and/or compost.
Covered Businesses: Any business that generates more than two (2) cubic yards of municipal
solid waste, recycling, and/or compost material per year.
Overflowing Container: Means any container provided by a Franchisee to a Covered Business
that cannot be fully closed and secured (lid to base) and any container area that has garbage
and debris surrounding the container area.
Waste Metering Technology: The use of smart, image -based monitoring technology at the
building level or mounted to waste collection trucks to remotely, consistently, and accurately (a)
collect, analyze, and verifiably reports solid waste, recycling, and compost generation volumes
and service activity, as applicable; (b) characterizes each material stream and identify
contaminants in recycling and compost streams, as applicable; (c) provides timely, tailored
recycling education content delivered electronically to inform corrective action; and (d) enables
verifiable waste, recycling, and compost generation and disposal reporting to help Franchisees
reduce carbon emissions by, for example, optimizing collection schedules, enhancing recycling
programs, and improving landfill diversion, as applicable.
Sec. 22-188. Implementation of Waste Metering Technology.
1 Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
City of Miami Page 2 of 4 File ID: 11559 (Revision: A) Printed on: 7/8/2025
File ID: 11559 Enactment Number:
All solid waste, recycling and compost generated by the City and Covered Businesses that is
removed by the City or Franchisee shall implement Waste Metering Technology.
Sec. 22-189. Implementation.
The City shall implement Waste Metering Technology no later than June 30,
2022.
Covered Businesses shall implement Waste Metering Technology no later than
June 1, 2023 and shall do so by contracting with an approved Franchisee.
(c) The contracted Franchisee for the Covered Business shall determine which
method it will use in order to implement the Waste Metering Technology.
(d) No provision of this Section shall limit a Franchisee's ability to charge additional
service fees as provided in the Covered Business' contract with Franchisee.
Sec. 22-190. Reporting.
Starting February 10, 2023 and within ten (10) days of every calendar quarter
thereafter, the City shall publish reporting, in a format to be determined by the City
Manager or Designee, the data generated by Waste Metering Technology including,
but not limited to:
LU Percentage of solid waste delivered to landfills, transfer stations or incinerators in
terms of trucks and a comparison to percentage reported the prior quarter;
(2) Number of first, second and third time Covered Business violators of overflowing
containers and a comparison to the number reported the prior quarter;
(3) Number of containers upsized or downsized or a change in the frequency of
collection, and a comparison to the number reported in the quarter;
Starting December 1, 2023 and within 10 days of every calendar quarter, thereafter,
Franchisees shall provide to the City, in a format to be determined by the City
Manager or Designee, and the City shall publish the data generated by Waste
Metering Technology including, but not limited to:
Percentage of solid waste delivered to landfills, transfer stations or incinerators in
terms of trucks and a comparison to the percentage reported in the prior quarter;
(2) Number of first, second and third time Covered Business violators of overflowing
containers and a comparison to the number reported in the prior quarter;
(3) Number of containers upsized or downsized and a comparison to the last
quarters reporting; and
(4) Franchisees shall provide documentation and assistance to the City for any
violation of an overflowing container by a Covered Business to the City within 48
hours of request, excluding weekends and holidays.
Sec. 191. Enforcement
Enforcement shall be pursuant to Section 22-93(a)(1) for Covered Businesses.
City of Miami Page 3 of 4 File ID: 11559 (Revision: A) Printed on: 7/8/2025
File ID: 11559
Overflow Containers at Covered Businesses:
(1) First Violation: Warning Notice from Department of Solid Waste;
Enactment Number:
(2) Second Violation: Citation violation in the amount of $250.00 issued by Department
of Solid Waste;
(3) Third Violation: Citation violation in the amount of $500 or the issuance of a Notice
of Violation pursuant to Chapter 2, Article X of the City Code and use of one method
of enforcement shall not preclude the use of another including actions before the
Circuit Court.
(4) Sec. 192 — 195. Reserved."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity (tor
ndez, ity Attor ey 1/17/2023
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 4 of 4 File ID: 11559 (Revision: A) Printed on: 7/8/2025