§ 28.15. Collection of Recovered Materials at Residential and Commercial Premises.
(1)
Recycling Program for Single Family, Duplex, and Triplex Residences.
(a)
Residential Recycling Program. The City hereby establishes a recycling program for single family, duplex, and triplex residences in the City. The Division Manager shall designate the recyclable materials that will be collected pursuant to this recycling program. Residents who wish to participate in this recycling program shall separate the designated recyclable materials from their solid waste and then place the recovered materials in a recycling cart. The recycling cart and its contents shall be placed at curbside no earlier than 5:00 p.m. of the day before the scheduled collection and no later than 6:00 a.m. of the scheduled collection day.
(b)
No Limits on Quantity. There shall be no limit on the volume of recovered material that may be set out by a resident for collection at curbside by the City. However, the weight of the recovered material placed in a recycling cart shall not exceed the maximum weight limit shown on the cart.
(c)
Ownership of Recovered Material. When the generator (owner) of any recovered materials places such material at curbside for collection by the City, the title to and ownership of such material shall transfer to and vest automatically in the City. It shall be a violation of this Chapter 28 for any person (other than the City's authorized personnel) to collect, pick up, or remove any such material after the material has been placed at curbside.
(d)
Exclusive Collection by City. Recovered material that is placed at curbside pursuant to this Section 28.15(1) shall be collected, conveyed and managed exclusively by the City or its designated agents, licensees, franchisees, or representatives, who shall comply with the directions, rules, and regulations prescribed by the Division Manager pursuant to this Chapter 28.
(2)
Recycling Program for Multi-Family Residential Premises.
(a)
Multi-Family Recycling Program. The City hereby establishes a recycling program for multi-family residential premises in the City that have four or more dwelling units (i.e., affected multi-family residential premises). In accordance with the schedule for implementation set forth in Section 28.15(2)(d) below, the owners of all such multi-family residential premises shall implement and at all times thereafter maintain a recycling program that complies with the requirements in this Section 28.15(2).
(b)
Recyclable Materials; Collection. The recycling program shall provide an on-site system for the separation and collection of the following recyclable materials:
(i)
Mixed paper and newspaper;
(ii)
Corrugated cardboard and paperboard;
(iii)
Glass containers;
(iv)
Plastic containers #1 through #7; and
(v)
Metal and aluminum cans.
The owner of each affected multi-family residential premises shall provide or arrange for the provision of one or more containers for the collection of recovered materials on their property. The recovered materials containers shall be sized and in sufficient numbers to satisfy the reasonable needs of the residents, tenants, and other occupants of the property. Recovered materials containers shall be placed only in locations on the property that comply with the requirements of the City Code governing the placement of such containers. The Solid Waste Division Manager may suspend the requirement for on-site separation and collection of one or more of the recyclable materials listed above in the event that market conditions or other good cause exists for such suspension.
(c)
Recycling Verification Form. On or before the applicable implementation date set forth in Section 28.15(2)(d), below, the owner of each affected multi-family residential premises shall submit a recycling program verification form to the Division Manager. The form is available from the City and may be found on the City's webpage. When completing this form, the owner shall provide sufficient information to demonstrate that the recycling program for the owner's property complies with the requirements in this Section 28.15(2). At a minimum, the owner shall provide the following information:
(i)
The address of the multi-family residential premises;
(ii)
The contact information for the person responsible for the management of the multi-family residential premises;
(iii)
The name and telephone number of the company providing collection service for recovered materials at the multi-family residential premises;
(iv)
The size, type, and number of containers being used to collect recovered materials;
(v)
The location(s) of the recovered materials container(s) on the property; and
(vi)
Such other information as the Division Manager may request.
An updated verification form shall be submitted by the owner within thirty (30) days if there are any changes to the recycling program. An updated verification form also shall be submitted within thirty (30) days if the owner receives a request from the Division Manager for updated information.
(d)
Recycling Implementation Schedule. Multi-family residential premises having four or more dwelling units shall establish and implement their recycling program in compliance with the following schedule:
(i)
Within thirty (30) days after the issuance of a certificate of occupancy or certificate of completion for property that is newly developed or substantially improved, if the first application for a building permit for the new development or substantial improvement was filed with the City on or after October 1, 2019.
(ii)
On or before April 1, 2020, for multi-family residential premises with 250 or more dwelling units, unless the recycling program must be implemented earlier pursuant to subsection (i) above.
(iii)
On or before April 1, 2021, for multi-family residential premises having 75 or more dwelling units, but less than 250 dwelling units, unless the recycling program must be implemented earlier pursuant to subsection (i) above.
(iv)
On or before April 1, 2023, for multi-family residential premises having four or more dwelling units, but less than 75 dwelling units, unless the recycling program must be implemented earlier pursuant to subsection (i) above.
(e)
Exemptions. Exemptions from the requirements of this Section 28.15(2) may be granted, in whole or in part, by the Division Manager upon such terms as the Division Manager deems appropriate. Applications for an exemption shall be submitted in writing to the Division Manager on forms provided by the Division. Applications shall contain the information requested by the Division Manager. Applications may be granted if:
(i)
A requirement in this Section 28.15(2) is incompatible with a requirement in another City ordinance or applicable law, and no waiver of the other requirement has been granted;
(ii)
There is not sufficient space available on the property for the storage of the recovered material container(s);
(iii)
The requirements in Section 28.15(2) will cause the applicant to suffer financial or other hardships that are not shared generally by the multi-family residential premises complying with such requirements;
(iv)
The residents of the property only generate a negligible amount of the designated recyclable materials;
(v)
The owner has entered into a contract with a duly licensed person for the post-collection separation of recyclable materials, which will achieve a level of recycling that is comparable to the results achieved with source separation before collection; or
(vi)
Other good cause for relief is demonstrated, as determined by the Division Manager.
An exemption may be granted for as long as the exemption is needed, as determined by the Division Manager, but an exemption shall not exceed a period of one year. However, the owner may request and the Division Manager may approve the issuance of a new exemption on the same or a different basis.
(f)
Recordkeeping. The owner of multi-family residential premises subject to the requirements in Section 28.15(2) shall maintain records demonstrating compliance with all of its requirements, including but not limited to copies of collection contracts and invoices. The owner's records must demonstrate that recovered materials were collected and removed from the owner's property in compliance with the requirements herein. The records shall be maintained for a period of five (5) years after such collection occurred. Copies of the owner's records shall be provided to the City for inspection within thirty (30) days after they are requested in writing by the Division Manager.
(g)
Inspections. The City may inspect any multi-family residential premises to determine whether the premises is in compliance with the requirements of this Section 28.15(2).
(3)
Recycling Program for Commercial Establishments.
(a)
Commercial Recycling Program. The City hereby establishes a recycling program for commercial establishments in the City. In accordance with the schedule for implementation set forth in Section 28.15(3)(d), below, the owners of all commercial establishments in the City shall implement and at all times thereafter maintain a program that complies with the requirements in this Section 28.15(3). If a leaseholder or occupant of the commercial establishment is responsible for providing or arranging for the provision of solid waste collection services to the commercial establishment, that person also shall be responsible for complying with all of the requirements imposed on the owner pursuant to this Section 28.15(3). The recycling program must provide a reasonable opportunity for recycling by the owner and each occupant of the commercial establishment, subject to the requirements and conditions herein. Buildings, commercial centers, office parks, and other properties with multiple tenants or other occupants may implement a single on-site recycling program that is shared by the owner and all of the participating occupants.
(b)
Recyclable Materials; Collection. The recycling program shall provide an on-site system for the separation and collection of the following recyclable materials:
(i)
Mixed paper and newspaper;
(ii)
Corrugated cardboard and paperboard;
(iii)
Glass containers;
(iv)
Plastic containers #1 through #7; and
(v)
Metal and aluminum cans.
Each owner of a commercial establishment in the City shall provide or arrange for the provision of one or more containers for the collection of recovered materials on their property. The recovered materials containers shall be sized and in sufficient numbers to satisfy the reasonable needs of the owner and all occupants on the property. Recovered materials containers shall be placed only in locations on the property that comply with the requirements of the City Code governing the placement of such containers. The Solid Waste Division Manager may suspend the requirement for on-site separation and collection of one or more of the recyclable materials listed above in the event that market conditions or other good cause exists for such suspension.
(c)
Recycling Verification Form.. On or before the applicable implementation date set forth in Section 28.15(3)(d), below, the owner of each commercial establishment shall submit a recycling program verification form to the Division Manager. The form is available from the City and may be found on the City's webpage. When completing this form, the owner shall provide sufficient information to demonstrate that the recycling program for the owner's commercial establishment complies with the requirements in this Section 28.15(3). At a minimum, the owner shall provide the following information:
(i)
The address of the commercial establishment;
(ii)
The contact information for the person responsible for the management of the commercial establishment;
(iii)
The name and telephone number of the company providing collection service for recovered materials at the commercial establishment;
(iv)
The size, type, and number of containers being used to collect recovered materials on the commercial establishment;
(v)
The location(s) of the recovered materials container(s) on the property; and
(vi)
Such other information as the Division Manager may request.
An updated verification form shall be submitted by the owner within thirty (30) days if there are changes to the recycling program. An updated verification form also shall be submitted within thirty (30) days if the owner receives a request from the Division Manage for updated information.
(d)
Recycling Implementation Schedule. Commercial establishments shall create and implement their recycling program in compliance with the following schedule:
(i)
Within thirty (30) days after the issuance of a certificate of occupancy or certificate of completion for property that is newly developed or substantially improved, if the first application for a building permit for the new development or substantial improvement was filed with the City on or after October 1, 2019.
(ii)
On or before April 1, 2020, for each commercial establishment where there is a building with 200,000 or more square feet of floor space, unless the recycling program must be implemented earlier pursuant to subsection (i) above.
(iii)
On or before April 1, 2021, for each commercial establishment where there is a building with 100,000 or more square feet of floor space, but less than 200,000 square feet, unless the recycling program must be implemented earlier pursuant to subsection (i) above.
(iv)
On or before April 1, 2023, for all remaining commercial establishments.
(e)
Exemptions. Exemptions from the requirements of this Section 28.15(3) may be granted, in whole or in part, by the Division Manager upon such terms as the Division Manager deems appropriate. Applications for an exemption shall be submitted in writing to the Division Manager on forms provided by the Division. Applications shall contain the information requested by the Division Manager. Applications may be granted if:
(i)
A requirement in this Section 28.15(3) is incompatible with a requirement in another City ordinance or applicable law, and no waiver of the other requirement has been granted;
(ii)
There is not sufficient space available on the property for the storage of the recovered materials container(s);
(iii)
The requirements in Section 28.15(3) will cause the applicant to suffer financial or other hardships that are not shared generally by the commercial establishments complying with such requirements;
(iv)
The commercial premises only generate a negligible amount of the designated recyclable materials;
(v)
The owner has entered into a contract with a duly licensed person for the post-collection separation of recyclable materials, which will achieve a level of recycling comparable to the results achieved with source separation before collection; or
(vi)
Other good cause for relief is demonstrated, as determined by the Division Manager.
An exemption may be granted for as long as the exemption is needed, as determined by the Division Manager, but an exemption shall not exceed a period of one year. However, the applicant may request and the Division Manager may approve the issuance of a new exemption on the same or a different basis.
(f)
Recordkeeping. The owner of a commercial establishment subject to the requirements in Section 28.15(3) shall maintain records demonstrating compliance with all of its requirements, including but not limited to copies of collection contracts and invoices. The owner's records must demonstrate that recovered materials were collected and removed from the owner's property in compliance with the requirements herein. The records shall be retained for a period of five (5) years after such collection occurred. Copies of the owner's records shall be provided to the City for inspection within thirty (30) days after they are requested in writing by the Division Manager.
(g)
Inspections. The City may inspect commercial establishments to determine whether the establishment is in compliance with the requirements of this Section 28.15(3).
(h)
Limitations on City Requirements. Notwithstanding anything else herein, nothing contained in this Chapter 28 shall require a commercial establishment that generates source-separated recovered materials to sell or otherwise convey its recovered materials to the City or to a facility designated by the City, nor may the City restrict the commercial establishment's right to sell or otherwise convey such recovered materials to a properly certified recovered materials dealer who has satisfied the requirements of Section 403.7046, Florida Statutes. Nothing in this Chapter 28 shall prevent such a dealer from entering into a contract with a commercial establishment to purchase, collect, transport, process, or receive source-separated recovered materials. A commercial establishment that self hauls, or sells or conveys such recovered materials to a dealer, shall maintain adequate records evidencing such disposition, including scale or sale receipts from the dealer or properly licensed recovered materials facility, and shall make such records available to the Division Manager for inspection upon thirty (30) days written notice.
(4)
Ownership of Recyclable Material. When recyclable material or recovered materials are placed in a recovered materials container provided by the City, such material shall become the property of the City.
(5)
Containers for Solid Waste. Any commercial establishment or multi-family residential premises that is required to have a recovered materials container pursuant to this Section 28.15 also shall have a separate container for the collection of solid waste, unless the Division Manager concludes a separate container is not necessary because the establishment or premises does not generate solid waste or the establishment or premises is otherwise exempt from the requirement to have a solid waste container.
(6)
Prohibited Acts.
(a)
It shall be unlawful to place putrescible materials, hazardous waste, or any other solid waste in a recovered materials container furnished by the City or any properly licensed person. Only recovered materials and other source separated recyclable materials shall be placed in a recovered materials container.
(b)
It shall be unlawful for any unauthorized person to remove any recovered materials from a recovered materials container. Any person found guilty of violating this provision shall be punished by a fine of not more than one hundred dollars ($100.00) per violation.
(7)
Exceptions.
(a)
Non-Profit Organizations. This Section 28.15 shall not prohibit a non-profit or charitable organization that is not engaged in the business of collecting recovered materials or solid waste on an ongoing basis from collecting, conveying, and recycling recovered materials on a temporary basis in order to fund their charitable activities or for other charitable purposes. However, a non-profit organization shall not collect from or otherwise use City-owned recovered materials containers to collect recovered materials.
(b)
Multi-Family and Commercial Recovered Materials Franchises and Contracts. The City may provide collection services or enter into contracts or grant non-exclusive franchises to firms, corporations, or other persons for the collection, conveyance, or recycling of recyclable materials that are generated on or originate from multi-family residential premises and commercial establishments within the City, subject to terms and conditions the City deems appropriate.
(Ord. of 8-13-1984, Doc. #18719; Ord. of 12-9-1991, Doc. #25331; Ord. of 6-22-1992, Doc. #25820; Ord. of 11-15-1993, Doc. #27049; Ord. of 7-26-2010, § 1, Doc. #1007261102; Ord. No. 2019-9 , § 12, 3-11-2019, Doc. #1903111202)