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HomeMy WebLinkAboutSummary Form SR-SECOND READING; AGENDA STEM SUM AY FORM -00614 FILE ID: 15 D, a t c: - _05./1_5,Q 15 Requesting Department: Solid Waste Commission Meeting Date: 6�11QQ 15 District Impacted: Citywide Type: [I Resolution El Ordinance Q. Emergency Ordinance F1 Discussion Item F] other Law Department Matter ID No. Subject: Amending Cha ter 22 – Rggglation of Persons, En a ed in Commercial Waste Collection. Purpose of Item: An Ordinance amending Chapter 22 of the Code of the City of Miami, Florida, with respect to the regulation of persons engaged in cominercial solid waste collection to clarify the Non -Exclusive Comineroial Solid Waste Franchise Agreement. Information: An Ordinance of the Miami City Commission Amending Chapter 22/Article I of the Code of the City of Miami, Florida, as amended, entitled "In general'° more particularly by amending Sections 221;22- 2,22-14,/Article 11 of the Code of the City of Miami, Florida, as amended, entitled, "Regulations of Persons Engaged in Commercial Waste Collection" more particularly by amending Sections 22-46,. 22-50, 22-5 1, 22-53, and 2256; to clarify the Non -Exclusive Commercial Solid, Waste Franchise Agreement, containing a Severability Clause and providing for an effective date, Budget ImpactAnalysis YES Is this item related to revenue? NO Is this item an expenditure? If so, please identify funding source below. General Account No: Special Revenue Account No: CIP Project No., NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up Capital Cost: Maintenance Cost: Total Fiscal Impact:D�q?bs rr_vc.^v*_.r- Final Approvals (SIGN AND DATE),---' CIP _N/A Budg If usitiAnr recelying.040tal ft' ds Grants Iii Risk Management Purchasing N/A Dept. Director Chief rh5-hv City Manage M!4�z U I— File Number: 15-00614 Final Action Dater City Hall 3500 Pan American Drive Miami, FL 33133 www;miamlgov.com AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22/ARTICLES I AND II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION" TO CLARIFY AND AMEND REGULATIONS FOR FRANCHISEES; PROVIDING FOR REQUIREMENTS FOR FRANCHISEES TO HAVE A RECYCLING PLAN AND OTHER PROVISIONS AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") utilizes the services of franchisees for the disposal of solid waste for commercial and multi -family properties; and WHEREAS, the City wishes to require increased service to these properties as well as provide for regulations regarding waste -to -energy facilities which help reduce waste entering landfills and provides a reuse of potential waste; and WHEREAS, the City, in an effort to be more environmentally friendly, wishes to impose a recycling plan requirement for all franchisees; and WHEREAS, the City seeks to streamline the franchise fee schedule by setting a flat rate payable each fiscal year; and WHEREAS, in an effort to ensure the public's safety, the City wishes to require inspections of franchisees' equipment and vehicles should it be found that they may be inoperable or malfunctioning; 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 fully set forth in this Section. Section 2. Chapter 22/Articles I and II of the Code of the City of Miami, Florida, as amended, entitled "Garbage and Other Solid Waste/In General/Regulation of Persons Engaged in Commercial Waste Collection" is further amended in the following particulars :{1} "CHAPTER 22 GARBAGE AND OTHER SOLID WASTE City of Miami Page 1 of 19 Printed On: 6/25/2015 City of Miami �1 Ni �MOURg YnA /T% Legislation krs Ordinance File Number: 15-00614 Final Action Dater City Hall 3500 Pan American Drive Miami, FL 33133 www;miamlgov.com AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22/ARTICLES I AND II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/IN GENERAL/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION" TO CLARIFY AND AMEND REGULATIONS FOR FRANCHISEES; PROVIDING FOR REQUIREMENTS FOR FRANCHISEES TO HAVE A RECYCLING PLAN AND OTHER PROVISIONS AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") utilizes the services of franchisees for the disposal of solid waste for commercial and multi -family properties; and WHEREAS, the City wishes to require increased service to these properties as well as provide for regulations regarding waste -to -energy facilities which help reduce waste entering landfills and provides a reuse of potential waste; and WHEREAS, the City, in an effort to be more environmentally friendly, wishes to impose a recycling plan requirement for all franchisees; and WHEREAS, the City seeks to streamline the franchise fee schedule by setting a flat rate payable each fiscal year; and WHEREAS, in an effort to ensure the public's safety, the City wishes to require inspections of franchisees' equipment and vehicles should it be found that they may be inoperable or malfunctioning; 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 fully set forth in this Section. Section 2. Chapter 22/Articles I and II of the Code of the City of Miami, Florida, as amended, entitled "Garbage and Other Solid Waste/In General/Regulation of Persons Engaged in Commercial Waste Collection" is further amended in the following particulars :{1} "CHAPTER 22 GARBAGE AND OTHER SOLID WASTE City of Miami Page 1 of 19 Printed On: 6/25/2015 ARTICLE I. IN GENERAL Sec. 22-1. Definitions. For the purpose of this chapter, the definitions contained in this section shall apply unless otherwise specifically stated. Biological waste. The words "biological waste" shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not Limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 470, Biological waste collector. The words "biological waste collector" shall mean any private solid waste contractor who collects, transports or disposes of biological waste, Biomedical waste. The words "biomedical waste" shall mean any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, noniiquid human tissue and body parts; laboratory and veterinary waste which contain human - disease -causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services of the State of Florida represent a significant risk of infection to persons outside the generating facility. Biomedical waste collector. The words "biomedical waste collector" shall mean any private solid waste contractor who collects, transports or disposes of biomedical waste. Bulky waste. The term "bulky waste" shall mean, but not be limited to, large items of household refuse such as appliances, furniture, accumulations from major tree cutbacks (exceeding ten inches in diameter and four feet in length and weighing more than 50 pounds), large crates and like articles which shall be placed out for city collection by residential unit owners paying for city service on a weekly basis. Cart -on -wheels: The words 'cart -on -wheels" shall refer to the 96 -gallon containers issued to residences by the city for automated garbage collection and are required to be used, once issued. Certified recovered materials dealer. The words "certified recovered materials dealer" shall mean a dealer certified under § 403.7046, Fla. Stat., who handles, purchases, receives, recovers, sells or is an end user of recovered materials as defined herein. Commercial business. The term "commercial business" shall mean and include all retail, professional, wholesale, and industrial facilities and any other commercial enterprises, for profit or not for profit, offering goods or services to the public. Commercial property. The words "commercial property" shall mean any hotel, motel, roominghouse, tourist court, trailer park, bungalow court, apartment building with rental apartments, cooperative apartments, and/or multiple -story condominium buildings and any other City of Miami Page 2 of 19 Printed On. 6/2/2015 business or establishment of any nature or kind whatsoever other than a residential unit as defined in this section. Commercial solid waste. The term "commercial solid waste" shall mean every waste accumulation, including but not limited to, dust, paper, paper cartons, cardboard cartons, excelsior, rags, garbage, plastics, metal containers, recyclable material, garden and yard clippings and cuttings, bulky waste and other waste which is usually attendant to the operations of commercial businesses or multifamily residences. Commercial solid waste advisory committee. The words "commercial solid waste advisory committee" shall be defined as an elected/appointed/selected body created for the purpose of providing advice and recommendations on commercial solid waste issues within the city in conjunction and cooperation with the department of solid waste. Commercial solid waste service. The term "commercial solid waste service" shall mean the collection and disposal of garbage, trash, recycling, solid and processabie waste for all business, commercial, industrial, religious, health, educational, governmental and quasi - governmental establishments; including the collection and disposal of construction and demolition debris. Condominiums. The words "condominiums" or "condominium buildings" shall be deemed to mean any building or structure that evidences that form of ownership of real property which is created pursuant to the State of Florida Condominium Act, which is comprised of units that may be owned by one or more persons, and in which there is appurtenant to each unit an undivided share in common elements. Any condominiums with three or more dwelling units therein shall be classified as commercial establishments for purposes of this chapter. Construction and demolition debris. The words "construction and demolition debris" shall mean 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, and including rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste, including material from a construction or demolition site which is not from the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) Except as provided in § 403.707(12)(j), Fla. Stat., 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 (c) De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. City of Miami Page 3 of 19 Printed On: 6/2/2015 Construction and demolition debris collector, The words "construction and demolition debris collector" shall mean any commercial solid waste franchisee who collects, transports or disposes of construction and demolition debris and shall be subject to a registration fee as provided for § 403.7046, Fla. Stat. Construction dumpster or roll -off. Approved open metal container without wheels, with capacity up to 40 cubic yards, used at construction sites for the purpose of removing construction and demolition debris, which includes rock, metal and other materials which are heavy in weight or substantial in size, used in connection with a construction and/or demolition project, Containerized waste. The words "containerized waste" shall mean and include refuse, not to include garbage as defined herein, which is placed in cans, plastic bags, and/or bulk containers not exceeding three feet in length or weighing more than 50 pounds. Curbside. The area between the sidewalk and the street edge or, in areas without sidewalks, the area between the edge of the traveled portion of any public or private street and the property line. Department. The word "department" shall mean the city department of solid waste. Director. The word "director" shall mean the director of the department of solid waste Dumping. Dumping means to throw, discard, place, deposit or bury any litter and/or refuse except where permitted. Dumpster, An approved metal container on wheels with a tightfitting solid top and a minimum capacity of one cubic yard or 202 gallons. Enforcement officer. The words "enforcement officer" shall mean designated agents of the city manager, acting by and through him/her, including but not limited to, sanitation inspectors, code enforcement inspectors, police officers, NET Administrators and NET inspectors. Fiscal year. The words "fiscal year" shall mean the 12 -month period beginning October 1. Franchisee. The word "franchisee" shall mean a private commercial solid waste/firm that is granted a nonexclusive franchise by the city, to remove and dispose of solid waste from commercial properties, which is required to pay a percentage of its gross monthly earnings to the city pursuant to the provisions of this chapter. Franchise agreement. The term "franchise agreement" shall mean a non-exclusive agreement between the city and a qualified firm to provide commercial solid waste services, as defined in this chapter, within the city. Franchise fees. The term "franchise fees" shall mean and include, but is not limited to, permit per account fee(s), annual franchise fee(s), annual specialized waste handling fee(s), annual safety inspection fee(s), and temporary roll -off container permit fee(s), and safety inspection fee(s). Garbage. The word "garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of edibles, and any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the City of Miami Page 4 of 19 Printed On: 6/2/2015 generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ -carrying insects. Garbage can. The words "garbage can" shall mean a galvanized metal, durable plastic or other suitable material container of the type commonly sold as a garbage can, including wheeled containers, of a capacity not less than 20 gallons and not to exceed 96 gallons, having at least two handles upon the sides thereof, sufficiently strong for workmen to empty conveniently, or a bail by which it may be lifted, and a tightfitting metal or plastic top with handle, and so constructed as to permit the free discharge of its contents. The container must not have any inside structures such as inside bands and reinforcing angles or anything within the container to prevent the free discharge of the contents. The container shall be free of jagged or sharp edges. Gross receipts. The term "gross receipts" shall mean all monies, whether paid by cash, check, debit or credit, resulting from all transactions and activities, within the city, in the franchisee's regular course of business and trade including garbage, industrial, solid waste, used cooking oil waste, environmental charges and fees, containerized waste, equipment rental and leasing, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance, compactors, refuse and/or rubbish collection removal and disposal services rendered, hand bag collection, recycling, or from any other source related directly or indirectly from waste collection services, including, but not limited to, all income derived from leasing and renting of real or tangible personal property, the use of dump trucks, grapping trucks, roll -off trucks, trailers, roll - offs, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers, bagsters, chutes, and any other vehicles and equipment used for collection and disposal of any debris by the franchisee, exclusive of taxes as provided by law, whether wholly or partially collected within the city, less bad debts. Gross receipts shall not include income derived from the transportation, storage, treatment, collection, and removal of biomedical, biological, or hazardous waste as herein defined. Hazardous waste. The words "hazardous waste" shall mean solid waste, or a combination of solid wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. Hazardous waste collector. The words "hazardous waste collector" shall mean any private solid waste contractor who collects, transports or disposes of hazardous waste and shall be subject to a registration fee as provided for in § 403.7046, Fla. Stat Health and safety concern. The term "health and safety concern", for purposes of this chapter, shall mean any inefficient and improper method of managing solid waste collection which creates a hazard to the public health, causes pollution of air and water resources, constitutes a waste of natural resources, has an adverse effect on land values and creates public nuisances. Industrial wastes. The words "industrial wastes" shall mean the waste products of canneries, slaughterhouses or packing plants; condemned food products; wastes and debris from brick, concrete block, roofing shingle or tile plants; debris and wastes accumulated from land clearing, excavating, building, rebuilding and altering of buildings, structures, roads, streets, sidewalks, or parkways; and any waste materials which, because of their volume or nature, do not lend themselves to collection and incineration commingled with ordinary garbage and trash, or which, City of Miami Page 5 of 19 Printed On; 6/2/2015 because of their nature or surrounding circumstances, should be, for reasons of safety or health disposed of more often than the city collection service schedule provided for in this chapter. Industrial waste collector. The words "industrial waste collector" shall mean any private solid waste contractor who collects, transports or disposes of industrial waste and shall be subject to a registration fee as provided for in § 403.7046, Fla. Stat. In-kind services. The term "in-kind services" shall mean those services for which no fees or charges are assessed, including service to city facilities and neighborhood cleanups as defined by the director. Landscape firm. Landscape architects, landscape contractors, landscape maintenance firms and all others doing work similar to that performed by landscape architects, landscape contractors and landscape maintenance firms doing business within the city. Large residential trash. The term "large residential trash" shall mean yard and garden trash weighing more than 50 pounds, bulky and noncombustible materials which cannot be containerized and weigh over 50 pounds, and other non -hazardous, non -construction, non - demolition, non -biomedical or non -industrial material too large to be bagged, bundled or containerized and weighing over 50 pounds. Large trash shall be placed out along with bulky waste for once per week collection. Litter. The word "litter" shall mean any garbage, rubbish, can, bottle, box, container, 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, trash, refuse and paper. Local government registration fee. The term local government registration fee shall mean the annual, October 1 St through September 30th, charge assessed by the city to recovered materials dealers commensurate with and no greater than the cost incurred to established and operate a registration and reporting process limited to the regulations, reporting format and reporting frequency pursuant to § 403.7046, Fla. Stat. with regard to recovered materials, their collection and disposal of same from commercial properties within the city. Minidump. The word "minidump" shall mean a disposal site, maintained by the department, where householders of the city may deposit trash and small trash. Modified recycling program. An operation approved by the department which provides for the recycling of recyclable material by a method varying from the requirements of section 22- 19 or section 22-20. Mow. The word "mow" shall mean to cut down grass or similar growth with a mechanical device such as lawn mower. Multifamily residence. The term "multifamily residence" shall mean and include any building or structure containing four or more contiguous living units and intended exclusively for residential purposes. NET. The term "NET" shall mean the Neighborhood Enhancement Team. City of Miami Page 6 of 19 Printed On; 6/2/2015 Neighborhood cleanups. The term "neighborhood cleanups" shall mean periodic intensive removal of litter, debris and other solid waste material from a designated area of the city, initiated or approved by the city, its NET offices and/or recognized community based organizations or associations including special event activities citywide. Noncombustible refuse. The words "noncombustible refuse" shall mean refuse materials that are unburnable at ordinary incinerator temperatures (800 degrees to 1,800 degrees Fahrenheit) such as metals, mineral matter, large quantities of glass or crockery, metal furniture, auto bodies or parts, and other similar material or refuse not usual to housekeeping or to the operation of stores or offices. Nonexclusive franchise. The term "nonexclusive franchise" shall mean a non-exclusive right and privilege granted to a qualified firm to contract to provide solid waste, construction and demolition material, and recyclable collection and disposal services to commercial and non- residential properties, as defined in this chapter, in, upon, over and across the present and future streets, alleys, easements and other public places of the city. Organic waste. The term "organic waste" shall mean a type of waste material which can be broken down into its base compounds by microorganisms and other living thingsregardless of the contents of the compounds and can be commonly found in municipal solid waste as green waste, food waste, paper waste and biodegradable plastics Permit per account fee. The term "permit per account fee" shall mean the charge assessed by the city to a franchisee, for every account with whom it acquires or maintains an agreement during the fiscal year for purposes of providing commercial solid waste services. Plastic bag. The words "plastic bag" shall mean a polyethylene or other heavy-duty plastic bag meeting the National Sanitation Foundation standard of 1.5 mils and not exceeding a 32 -gallon capacity with a securing twist tie. Portable container. The words "portable container" shall mean dumpster, roll -away or other similar container designed for mechanized collection. Posting. The word "posting" shall mean to display by putting up on property in a public place of view. Publicnuisance. The term "public nuisance," for purposes of this chapter, shall mean a container or roll-off/container which appears to be utilized for commercial solid waste collection without a city franchise agreement and poses a threat to the health and safety of the community. Recovered materials shall mean 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 any use that constitutes disposal. Recovered materials as described above are not solid waste. City of Miami Page 7 of 19 Printed On: 6/2/2015 Recyclable material. The term recyclable material shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recycling. The term "recycling" shall mean any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. Refuse. The word "refuse" shall mean any garbage, garden trash, industrial waste, noncombustible refuse, rubbish, waste, bulk waste, containerized waste and/or solid waste. Residential unit. The term "residential unit" shall mean any structure used or constructed or modified or adopted for use as a single-family dwelling, duplex, cluster housing, townhouse or multiple -family apartment building or other similar structure containing three or fewer residential units, and which is located on a single lot, parcel or tract of land. Each dwelling unit of a duplex, cluster housing, townhouse, or multiple -family building or other similar structure shall be deemed a separate residence. Roll-off/container. The term "roll-off/container" shall mean a metal container, compacted or open, with or without wheels, designed and used by nonexclusive commercial solid waste haulers for the collection and disposal of construction debris, demolition debris and/or large quantities of trash and/or bulky waste, but not garbage or commercial refuse. Roominghouses; boardinghouses. A roominghouse is a residential building used, or intended to be used, as a place where sleeping or housekeeping accommodations are furnished or provided for pay to transient or permanent guests or tenants which does not maintain a public dining room or cafe in the same building or in any building in connection therewith. A boardinghouse is an establishment where meals are regularly prepared and served for compensation for five or more persons, and where most of the food is placed upon the table family style without service or ordering of individual portions from a menu. Boardinghouses may also provide lodging for compensation. The proprietor of a roominghouse or boardinghouse may receive or reject whom he wishes and usually makes special oral or written contracts with each of his lodgers concerning compensation and length of stay. Rubbish. The word "rubbish" shall mean refuse accumulation of paper, excelsior, rags or wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, and also any bottles, cans or other containers which, due to their ability to retain water may serve as breeding places for mosquitoes or other water breeding insects; rubbish shall not include noncombustible refuse, as defined above. Safety inspection fee. The term "safety inspection fee" shall mean a regulatory fee pursuant to F.S. § 166.221 imposed by the Solid Waste Director upon a franchisee for inspection of substandard, unsafe, or inoperable vehicles and/or equipment. Screening. A landscaped area with shrubs three feet in height at time of planting to form a continuous, unbroken solid buffer, or a five -foot -high fence or C.B.S. wall finished and painted on both sides to provide a visual barrier. Service unit. The words "service unit" shall mean four sleeping rooms or a fraction thereof, where no cooking privileges are provided, located in any commercial establishment. City of Miami Page 8 of 19 Printed On: 6/2/2015 Small trash. The words "small trash" shall mean bundled and clean yard and garden trash, including shrubbery, vines, and branches capable of being gathered into bundles and tied securely so that each bundle does not exceed three feet in length or weigh more than 50 pounds; all accumulations of lawn, grass or shrubbery cuttings or clippings and leaf rakings, free of dirt, rock, large branches and bulky or noncombustible materials which can be containerized and not weigh over 50 pounds, per can; and accumulations of tree branches, tree limbs, parts of trees, bushes and shrubbery which are up to three inches in diameter and do not exceed four feet in length, do not weigh over 50 pounds, are too large to be containerized, but require and can be bundled and tied, and other non -hazardous, non -construction, non -demolition, non - biomedical material small enough to be bagged, bundled, or containerized or does not exceed three feet in length or weigh more than 50 pounds. Small trash shall be placed out along with garbage for twice per week collection. Solid waste. The words "solid waste" shall mean, garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid waste disposal and resource recovery facility. The words "solid waste disposal and resource recovery facility shall mean any solid waste disposal area, volume reduction plant, transfer station or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, transfer or storage of solid waste. Source separated. The term source separated shall mean the recovered materials are separated from solid waste where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials, Materials are not considered source separated when two or more types of recovered materials are deposited in combination with each other in a commercial collection container located where the materials are generated and such materials contain more than ten percent solid waste by volume or weight. For purposes of this subsection, the term "various types of recovered materials' means metals, paper, glass, plastic, textiles, and rubber. Special non-residential trash collection. The term "special non-residential trash collection" shall mean yard and garden trash weighing more than 50 pounds, too large to be containerized for commercial collection, clean and free of dirt, rocks, trash and any other debris. It includes accumulations from major tree cutbacks (exceeding ten inches in diameter and four feet in length and weighing more than 50 pounds). Collection by the City must be approved and scheduled by department prior to setout or fines will be incurred. Special residential collection. The term "special residential collection" shall mean a collection of non -hazardous, non -industrial, waste beyond the normal city garbage, trash, and recycling, including bulky waste and large trash, for which residents or property owners will be charged the cost of collection, disposal and the appropriate administrative fees. Such collection excludes asbestos, whole or used tires, oil, lead -acid batteries, mercury lights, combustible, hazardous, biomedical and biological waste. Specialized waste handler shall mean those companies whose primary business is limited to collecting and disposing of solid waste that requires 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 biomedical and biological waste. City of Miami Page 9 of 19 Printed On: 6/2/2015 Specialized waste. The term "specialized waste" shall mean solid waste that requires special handling and management, including, but not limited to white goods, waste tires, used oil, lead - acid batteries, construction and demolition debris, ash residue, biomedical and biological waste. Specialized waste handling nonexclusive fee. The term "specialized waste handling nonexclusive fee" shall mean the annual fee paid to the city for the right to conduct specialized waste handling services in the city. Swale area. The words "swale area" shall mean the paved or unpaved area between the edge of the sidewalk or property line and the edge of the street. Temporary roll-off/container permit fee. The term "temporary roll-off/container permit fee" shall mean the charge paid every 90 days the account remains active, per account to the city for each Large container and/or roll -off utilized by franchisees to provide contracted removal and disposal of waste from commercial constructions and demolition, renovation and other similar accounts which are of a temporary nature. Trash. The word "trash" shall mean garden, tree and shrubbery trash that is too large to be bagged, bundled or containerized, wooden or paper boxes or containers, and other accumulations of a nature other than garbage and bulky waste as defined herein which cannot be bagged, bundled or containerized for weekly collection. Waste -to -energy facility. The term "waste -to -energy facility" shall mean a facility which uses conversion technology such as thermal biological or biochemical processes to breakdown raw feedstock to produce a beneficial byproduct and/or digestate In general the primary ob'ective of the conversion technologies is to convert waste into useful energy products that can include synthetic or synthesis gas (s ngas), biogas petroleum commodity chemicals or compost in order to support waste diversion from landfills and to reduce carbon emissions Sec. 22-2. Collection services, container usage, condition and requirements for placement location; city and commercial solid waste services. (a) Garbage from single and multifamily residences of three units or less shall be collected, conveyed and disposed of by the city twice a week. Hours and days on which containers are to be collected shall be as prescribed by the director. All small trash, containerized waste, and garbage to be removed by the city shall be placed at curbside in front of the property for removal by the city as scheduled by the director, in such a manner as not to obstruct pedestrian passage or impede collection by city forces. The director may make exceptions to these rules to accommodate disabled and elderly persons. Each residence in the city shall have a sufficient number of garbage cans, plastic bags or portable containers to accommodate all garbage, small trash or rubbish to be removed by the city. Should the city implement a semi or automated residential garbage and small trash collection system, garbage and small trash will be placed only in the container provided by the city for this purpose. Containerized garbage shall be placed at curbside no later than 6:00 a.m. the morning of scheduled collection and no sooner than the night before. (b) Every commercial property shall utilize the waste collection services of a franchisee authorized to perform such services by the city commission, It shall be the responsibility of the owner, occupant, tenant or lessee of the commercial establishment to properly dispose of all trash, waste and garbage generated by such commercial property. Each commercial property in the city shall have a sufficient number of scheduled collections, garbage cans, plastic bags or City of Miami Page 10 of 19 Printed On: 6/25/2015 portable containers to accommodate all garbage, bundled garden trash or rubbish to be removed by the franchisees. Franchisees shall be required to remove all refuse placed or spilled within a ten foot radius of the container being serviced. Service minimums for multi -family dwellings shall be as follows: 1– 8 4 Units - 2 CY @ 2 x per week; 5-8 Units - 3 CY (c-) 2 xper week or. 2 CY (D, 3 x per week; 9-12 Units - 4 CY @ 2 x per week; -9 13-16 Units - 4 CY @ 2 3 x per week or 3 CY Ca, 5 x per week; 17-32 Units - 6 CY @ 3 x per week; 33--48 Units - 8 CY @ 3 x per week ; and over 48 Units — 8 CY @ 5 x per week. Noncompliance with any portion of this section shall be punishable in a manner set forth in sections 22-6 and 22-93. Any franchisee providing waste collection services who will be discontinuing its collection service to a commercial property shall give the department of code enforcement and NET service center, for the area where service will be discontinued, at least seven business days' prior notice of its intention to discontinue such service. The franchisee shall additionally mail to the owner, occupant, tenant or lessee of the commercial property a notice that it is discontinuing waste collection services for that commercial property. Duplicate copies of this notice shall be simultaneously mailed by the franchisee to the department and the NET service center for the area where such service will be discontinued. A commercial property which does not have current waste collection services being furnished shall be subject to having an administrative service fee imposed pursuant to section 22-93. All food service properties producing raw or processed organic waste matter as a major portion of their waste stream shall provide for the removal of such material a minimum of three times per week. (c) The garbage or trash container site for commercial properties shall: (1) Be situated in an easily accessible location for collectors; (2) Be a platform constructed of concrete above ground level in the case of a commercial property, and shall be large enough to accommodate an appropriately sized dumpster for the facility being serviced; (3) Be constructed in such a manner as to discourage or eliminate the possibility of rodents breeding under the platform; and (4) Be screened from any street, alley, sidewalk or adjacent property. Such screening shall be maintained in perpetuity by the property owner. Screening shall be constructed of chain link fencing with slats (cyclone fencing) or wood picket fencing. Sunken containers are hereby declared to be hazardous to the health, welfare and safety of the residents of and visitors to the city and to the city's waste collection personnel. Accordingly, such containers shall immediately be replaced with approved containers and the holes where they were previously sunk shall be filled with clean, solid fill. Franchisees will be responsible for servicing of containers until such time as they have been removed. Commercial multifamily properties without service will be subject to administrative and service fees imposed pursuant to section 22-93 herein, should the city be required to provide service the property owner will be invoiced for service as required and at the cost associated with the unit structure provided in (b) of this section. (d) All new commercial properties and/or structures, as defined in this chapter, shall provide a garbage and/or trash room as required and provided for in Ordinance No. 11000, the zoning ordinance of the city. Any existing structure, legally established but currently nonconforming with regard to Ordinance No. 11000, upon expansion of the existing structure by 25 percent or more of its existing floor area, or its repair or renovation at cost exceeding 50 percent of its current value as established in the assessment made by the Miami -Dade County property appraiser, shall be required to comply with the requirements of this chapter; any series of repairs and/or City of Miami Page 11 of 19 Printed On: 6/25/2015 renovations during any five-year period shall require the property to conform to the requirements of this chapter. Additionally, a change in the use of any legally established, but nonconforming structure shall require such structure's compliance with the requirements of this chapter prior to the issuance of a certificate of use and/or occupancy by the building and zoning department. (e) At no time shall any garbage cans, dumpsters or any containers, whether such containers are approved or not approved, be placed upon any street, alley, sidewalk, right-of-way, or in any public area or upon any property used by the public not owned or occupied by the person(s) placing such garbage cans, dumpsters or containers. (f)The director or director's designee is hereby required and granted full power and authority to designate the location of containers and the number of containers to be kept at each location. Any waste containers which do not conform to the provisions of this chapter or which contain other defects likely to hamper the collection of or injure the person collecting the contents thereof are illegal. Such containers shall be promptly replaced by the owner or user of the container upon receipt of written notice of said defect. All containers shall contain identification of the private hauling company providing the service, and must be clean, kept closed, and free of graffiti. At no time will the department service any such illegal containers. Portable containers declared a public nuisance or to be unserviceable with no identifying marks visible to the code enforcement inspectors shall be removed at the discretion of the director. (g) Newspapers and other salvageable materials defined as aluminum cans, glass bottles, metal and tin cans, shall be separated from all other solid waste material and may be placed in the container provided by the city for these materials or otherwise be recycled, (h) Commercial containers located on public property shall be deemed abandoned and will be removed by the city at the owner's expense, pursuant to this chapter of the Code. Service is to be made from streets and driveways and trucks used for this purpose shall not be driven or parked on sidewalks at any time. (i) Commercial property owners may request special collection of large yard and garden trash as defined herein by the department by calling for approval and scheduling, prior to setting out material. No approval by the department director or designee will be issued for said premise until the director has made a finding of compliance with the terms of this and all other chapters of this Code and other applicable regulations and laws. Sec. 22-14. City and commercial collection of solid waste. (a) It is the function exclusively of the department to collect and dispose of all wastes in the city except as authorized by the director and/or by law. The director shall have the power to establish the type, frequency and amount of solid waste collection service needed and to be rendered to all areas of the city and to promulgate rules and regulations not inconsistent herewith. (b) The city commission may authorize the collection of solid waste by commercial solid waste collectors if it is a commercial account as defined in this chapter. If private collection is authorized, the contract with the commercial solid waste collector shall be non-exclusive and include, but not limited to, garbage, trash and bulky waste collection and the number of collection days per week. In addition, for multi -family dwellings the contract must specify a City of Miami Page 12 of 19 Printed On: 6/2/2015 minimum of a two cubic yard (2 CY) container or containers of sufficient capacity so as to avoid overflowing conditions with a minimum twice per week collection; two true and accurate copies of said contract shall be furnished to the director or his/her designee. The container must be capable of holding a minimum of one week's collection of solid waste for the number of units or size and activity of business establishment being served. The following standards for dumpster size and frequency of collection will be enforced. (7-30 gallon cans = 1 cubic yard): # of Units Container Capacity Minimum Frequency 1--84 2 eyCY 2 x week 5-8 3 CY or 2 CY 2 x week 3 x week 9-4612 4 c�CY 2 x week 1316 4 CY or 3 CY 3 x week 5 x week 17-32 6 EyCY 3 x week 33--48 8 EyCY 3 x week Over 48 8 eyCY 5 x week Note: Frequency will increase depending on amount of garbage generated. All equipment utilized by a franchised private hauler shall comply with the requirements and provisions of this chapter. All containers shall be screened from the direct view of the adjacent property owner. The department reserves exclusively the right to collect solid waste from any city governmental facility, or any facility constructed or erected on city -owned or leased property, regardless of location. (c) The director and the director's designated representatives are assigned the responsibility for enforcement of solid waste collection procedures enumerated herein. (d) Newspapers or other salvageable materials defined as aluminum cans, glass and plastic bottles, metal and tin cans, and which shall be separated from all solid waste materials as provided for herein shall be placed at the curb in a container provided by the city on the regularly scheduled recycling collection day or otherwise recycled unless otherwise designated by the director. It shall be unlawful for any person, firm or corporation not Licensed therefor, other than the owner, lessee, or occupant of that residential building, except city personnel to collect or otherwise remove any newspapers or other salvageable materials which have been specifically placed for collection in the recycling collection program. The penalty as contained in section 1-13 is hereby applicable to violations of this section. Secs.22-22-22-45. Reserved. City of Miami Page 13 of 19 Printed On: 6/2/2015 ARTICLE II. REGULATIONS OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION Sec. 22-46. Engaging in business of solid waste collection and disposal; issuance of franchise agreement to private solid waste collectors. (a) No person, firm or corporation shall remove or transport any solid waste material over the streets or public rights-of-way of the city or its real property for hire or salvage without first applying for and receiving a franchise from the department to carry on such a business. The franchise required by this section shall be in addition to any local business tax receipt and other license(s) which otherwise may be required by law, including § 403.4046, Fla. Stat. A franchise will not be granted to a commercial property for the sole purpose of hauling the solid waste material of its own tenants or occupants. (b) It shall be unlawful for any commercial solid waste collector/franchisee to provide service to any property within 100 feet of a residential district between the hours of 11:00 p.m. and 7:00 a.m. (c) No franchise granted pursuant to this chapter shall be deemed the property of the holder thereof. (d) The city reserves unto itself the power to revoke all franchises granted pursuant to this chapter, to change or limit the rights granted, or to otherwise modify the franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of a property, contract, or other right of any franchisee, it being the express intention of this chapter to reserve unto the city, the power, in its sole discretion, to alter the methods of solid waste collection employed in the city, and the manner in which to provide for solid waste services delivered within the city. (e) The city commission is authorized, from time to time, to grant one or more franchise(s) granting the right and privilege to operate a commercial garbage and trash collection and disposal system in, upon, over and across the present and future streets, alleys, easements and other public places of the city for the purpose of collecting all solid waste from commercial and multifamily establishments as defined in this chapter. (f) The franchise(s) shall be granted only after the applicant for the franchise has responded successfully to the request for qualifications and filed with the purchasing department, an application, and such other documentation as may reasonably by required to establish that the applicant meets all of the requirements delineated in this chapter. (g) The franchise(s) shall initially be granted for a period of five years, with three one-year options to renew, upon approval of the application by the city commission. The option to renew any franchise(s) for the additional three one-year periods shall be at the sole discretion of the city. Sec. 22-50. Franchise fees. (a) Commencing October 1 of every new fiscal year, each and every franchisee shall pay the appNsa an annual permit per account fee of $75.00, as provided y the c^"���edu;e-pelew--for City of Miami Page 14 of 19 Printed On, 612/2016 each active account that is was acquired or maintained t#reuo in therep vious fiscal year for purposes of providing commercial solid waste services or specialized waste handling services. For each account acquired or maintained after October 1 of the current fiscal year, a one-time fee of $75.00 shall be due and payable upon acquisition of the account Said permit per account fee shall not be transferable. (b) Beginning October 8, 2009, each and every franchisee shall pay an annual franchise fee by October 1 each year of the franchise term (and of any extension thereof) in the amount of $7,500.00, with such franchise fee being increased by $500.00 per year beginning October 1, 2010. Failure to remit the required annual franchise fee by the due date shall result in a one and one-half percent penalty per month on the balance due. (c) Beginning October 8, 2009, each and every franchisee whose primary business is limited to solid waste that requires special handling and management shall pay an annual specialized waste handling permit fee by October 1 each year of the franchise term (and of any extension thereof) in the amount of $3,500.00 for the right to provide only specialized waste handling services within the city limits. If a franchisee is providing only specialized waste handling services within the city, then annual franchise fee will increase by $500.00 per year beginning City of Mlami Page 15 of 19 Printed On; 61212015 October 1, 2010. Failure to remit the required annual franchise fee by the due date shall result in a one and one-half percent penalty per month on the balance due. (d) Beginning October 1, 2-0-1-8 2015, each and every franchisee shall pay the city an aRnual a $500.00 safety inspection fee per oa franchisee's vehicle(s) or equipment is believed to be defective inoperable substandard or potentially unsafe in the determination of the Solid Waste Director.This is ^ regulatory fee as refe;enGed-in F.S. §166.221. This fee is for the municipal inspection of the vehicles and equipment being used by franchisee within the city. The inspeetien of aGh �iohioln NAI nnnN�r nn} loner+ 4h n nn n nn� � I :-. •�`. The applicable The _. _......� ..—^'�-�,':�r-vo-rrr�o ��vi..,vu usu�� v»--arr vehicles are those operated by franchisee within the city boundaries. The vehicles will include, but are not limited to, roll -offs, grapple trucks, front and rear end loaders, vactor trucks, dump trucks, trailers, and any other vehicles used for business, collection and disposal of any debris by the franchisee. (e) Certified recovered materials dealers excluded from local franchise requirements pursuant to F.S. § 403.7046 shall be required to _submit an annual registration form and pay a 100.00 registration fee as determined by the DireGtGr of the d WhiGh will per year begiR beginning October 1st and eta -September 3& of ^^^h ye^r 2015 and each fiscal year thereafter. Sec. 22-51. Recycling requirements for franchisees. he event that _the City e!eGtS to UtiliZ _- frann�o sys_ en fnr Cnm�y� Each and every In t,-r��,�en��u, �„ nnlir7 dins.+ Ge n„Ipy,�r„ 9uratiyt jt permit and loGal business tax reGeipt at the tiMe SUGh _'s_ implemented and are not g'rant'ed' vhise permit, shallbe Feirnbursed for the unused ' ,} and t�ATttt "cense. franchisee shall submit the following to the Solid Waste Director at the following intervals: La) Annually, an "Annual Recycling Plan" that describes recycling activities and services available to commercial and residential establishments in the City of Miami that are offered by the franchisee. Lb Annually, an "Annual Recycling Report" that describes resources and money of the franchisee utilized in connection with the recycling program a list of recycling accounts and a list of accounts that do not avail themselves of the franchisee's recycling opportunities and reasons for same. Quarterly, a report describing recycling and diversion goals and recycling/diversion accomplishments. Annually, copies of literature provided to each customer in English Spanish and Creole describing the franchisee's recycling programs and services available Any franchisee servicing an address that engages in the sale of produce located within the produce market shall no later than October 1 2016 offer an organic waste recycling program Said program shall utilize composting and / or any other organic waste recycling program which diverts organic waste from a disposal site to a city waste -to -energy facility. City of Miami Page 16 of 19 Printed On: 6/25/2015 All franchisees shall divert at a minimum a portion of organic waste collected to the City's waste -to -enemy facility, should said facility become available in the future The minimum required organic waste contribution to the City's waste -to -energy facility shall be set by the Solid Waste Director as a percentage of the franchisee's total solid waste tonnage each year, effective October 1 of that year. Said percentage formula shall be uniform for all franchisees Sec. 22-52. Identification of equipment. All equipment utilized to collect and transport solid waste in the city must be conspicuously marked on both sides of the automotive unit with the name of the hauler, tare weight ard1 cubic yard capacity, and a decal issued by the City. Identification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height. Sec. 22-53. Information required of franchisees. (a) At least annually and as determined by the director, each franchisee shall supply the following information on a form and in the manner prescribed by the director: (1) A listing, as of the reporting date, of the names and addresses of customers,—and the addresses and folio numbers of each location served. (2) An accounts receivable aging report for each customer within the city. (3) The number and capacity of each dumpster and compactor per account. (4) The address serviced by each dumpster and compactor. (5) The list of accounts within the city for which hand collection of bags/cans is provided. (6) The listing of city accounts that were charged -off as bad debts. A List of vehicles and equipment to be used in the City. (b) No property owner may share an account with another property owner. Sec. 22-56. Franchise fee requirement; monthly franchise fee payment; approval by city commission as a prerequisite to issuance; financial statements, list of accounts; account permit fees; roll -off permit fees. (a) No person shall engage in the business of removing or disposing of garbage, trash, or waste from any premises in the city or transport garbage, trash or waste through the public rights-of- way of the city without first having secured a franchise for such activities. All persons shall be required to obtain a franchise from the city in order to engage in commercial solid waste City of Miami Page 17 of 19 Printed On: 6/25/2015 collection and disposal from any streets, public rights-of-way or property in the city. This fee shall be in addition to the occupational permit tax ordinance of the city. (b) Effective October 1, 1994, all city -franchised commercial solid waste haulers will be required to pay to the city a franchise fee of eight percent of the franchisee's monthly total gross receipts. Said franchise fee shall be increased to 12 percent effective October 1, 1995, and to 15 percent effective October 1, 1996. Said franchise fee shall be further increased to 22 percent, effective October 1, 2004. Said franchise fee shall be further increased to 24 percent, effective October 8, 2009. The franchisee shall, on or before the last day of each month, deliver to the ^ ty f�,� iRa departm Solid Waste Department a true and correct statement of gross receipts generated during the previous month from its services rendered within the city on or before the last day of each month. Payments of said fee shall be made on a monthly basis to the ^ityfi ,nee department Solid Waste Department, on or before the last day of each month, representing gross receipts collected the previous month. The franchisee shall on or before 90 days following the close of each fiscal year deliver to the director a certified statement of its annual gross receipts and charge-offs generated from accounts within the city prepared by an independent certified public accountant ("CPA"), admitted to practice in the state, reflecting gross receipts within the city for the preceding fiscal year. The CPA statement shall render an unqualified opinion, based on the result of the audit, relative to the franchisee's accounting of all revenues, fees and charge-offs generated from accounts and activities within the city limits. The franchisees will allow city auditors, during regular business hours after reasonable notice, to audit; inspect and examine the franchisees' fiscal books and records and tax returns, insofar as they relate to city accounts, to confirm the franchisees' compliance with this section. In the event the franchisee fails to pay the full franchise fee percentage of the franchisee's total monthly gross receipts, the city shall charge a penalty of one and one half percent per month on the outstanding balance until paid and additionally the franchisee shall have to pay all expenses of collection, including court costs and reasonable attorneys fees. (c) To effectively provide for the payment of said franchise fee by the franchisees to the city, any person seeking to renew his annual local business tax receipt pursuant to the provisions of chapter 31 of this Code shall, in addition to the requirements set forth therein, provide the city finance department with evidence of all fees imposed by the provisions of this chapter as a condition to reissuance or renewal of said business permit. (d) Issuance of a franchise shall require city commission approval for the franchise referenced in section 22-47 of this chapter. (e) The director is authorized to suspend, revoke, or cancel any such franchise for failure to comply with any of the terms hereof, in accordance with the same practice and procedures as are set forth in section 22-48 of this chapter; providing, however, that the director shall afford an existing franchisee a written notice reasonably specifying the reason(s) for the proposed revocation or suspension of an existing franchise, and the franchisee shall be afforded five fourteen (14) business days to cure the noncompliance stated in such notice, (f) Any decision of the director under the terms of this section may be reviewed, upon written request of the aggrieved franchisee made to the city manager in accordance with the same time period and procedure as are set forth by section 22-49, City Code. City of Miami Page 18 of 19 Printed On: 6/2/2015 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 and apply to solicitations which have not closed, and for which addenda may be timely used.{2} APPROVED OVED AS TO FORM AND CORRECTNESS: VICE` ORIA MtNDEZ CITY ATTORNEY ..Footnote {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. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) calendar 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 19 of 19 Printed On; 5/2/2015