§ 8-36. Private collection services for recovered materials at commercial establishments.
(1)
Intent. It is the intent of the city and the purpose of this subsection to promote the public health, safety and general welfare by authorizing a registration program within the City of Coral Springs for the collection of recovered materials.
(2)
Definitions. For the purpose of this section, the following terms shall have the meanings indicated.
(a)
Certified recovered materials dealer means a dealer certified under Section 403.7046, Florida Statutes.
(b)
Commercial establishments mean a property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, and excludes property or properties zoned for single-family residential or multifamily residential uses.
(c)
Fiscal year means October 1 through September 30.
(d)
Person means any and all persons, natural or artificial, including any individual, firm or association, partnership, joint venture or other entity of any kind, type, or description engaging in the conduct or activity with which this section is concerned.
(e)
Recovered materials 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.
(f)
Registrant means a certified recovered materials dealer who has registered with the city in accordance with the requirements of this section.
(g)
Source-separated means the recovered materials that 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 with recovered materials. Materials are not considered source separated when two (2) 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 (10) 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.
(3)
Registration and application.
(a)
Registration and application. Any person who engages in the purchasing, transporting and processing of recovered materials at commercial establishments shall register with the city in accordance with the requirements of this section. The registrant shall submit an original and one copy of all required information to the department of public works. The registration required by this section shall be in addition to and not satisfied by any occupational license which may be required. Applications for registration required by this section shall be made to the city upon such form and in such manner as prescribed by the city. The application shall be in such form to elicit the following information and such other information as may be required from time to time:
1.
Registration fee. To be acceptable for filing, an application for registration shall be accompanied by a registration fee in the following amount, as appropriate:
Initial registration application or re-application ..... $200.00
Annual renewal of registration ..... 200.00
Transfer of registration ..... 100.00
2.
Name and address of the dealer/registrant, including the identification of the owner or operator for the dealer; if the applicant is a business entity, its general partner or limited partners, its corporate officers and directors. Any applicant that operates under a fictitious name shall submit information that such fictitious name is registered in the State of Florida and held by the applicant.
3.
Its permanent place of business, and mailing address, if different;
4.
A copy of the registrant's recovered materials certification under section 403.7046, F.S.;
5.
Certification that the recovered materials will be processed at a recovered materials processing facility satisfying the requirements of section 403.7046, Florida Statutes, as amended from time to time;
(b)
Signatures; submission.
1.
The registration and application for hauling recovered materials shall be signed by the individual submitting the application or, in the case of a corporation, by a corporate officer thereof or, in the case of a partnership or other association, by a member of the partnership or association. Provided, however, that for a publicly held corporation which has twenty-five (25) or more shareholders, the signatures of the local managing officer shall be sufficient. The completed registration shall be submitted to the director of the public works department.
2.
An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the application meets all federal, state, and local law requirements.
3.
A signed statement by the applicant as part of the process that it is understood that the mixing of recovered materials with garbage or trash contaminates the product and renders it garbage or trash. In other words, garbage and trash shall not be mixed with recovered materials and shall be source separated.
(c)
Once it has been determined by the director of the department of public works, or his designee, that the registration application is complete, upon approval of the registration registrants shall be entitled to operate for a period of up to one (1) year from the date of issuance; provided, however, the registration shall be for the period of October 1 through September 30 of each fiscal year.
(d)
In addition to the above, the registrant shall meet the following requirements:
1.
Registrant must provide to the city a copy of the recovered materials reporting forms, as submitted to the State of Florida Department of Environmental Protection.
2.
The reporting format, and reporting frequency shall be established by the city pursuant to section 403.7046, which shall, at a minimum, include requiring the dealer to identify the types and approximate amount of recovered materials collected, recycled, or reused during the reporting period; the approximate percentage of recovered materials reused, stored, or delivered to a recovered materials processing facility or disposed of in a solid waste disposal facility; and the locations where any recovered materials were disposed of as solid waste. Information reported under this subsection which, if disclosed, would reveal a trade secret, as defined in section 812.081(1)(c), is confidential and exempt from the provisions of section 24(a), Article I of the State Constitution and section 119.07(1). The above notwithstanding, any and all required reports shall be in accordance with Rule Chapter 62-722, Florida Administrative Code, as amended from time to time.
3.
Source-separate all recovered material, provided, however, that containers of mixed types of recovered materials which contain more than ten (10) percent solid waste, shall not be deemed to be source separated.
4.
Vehicles used to transport recovered materials shall meet all applicable regulations of the Florida Department of Transportation and shall be capable of preventing spillage or accidental release of recovered materials during transport.
5.
The registrant shall provide service to any commercial property between the hours of 7:00 a.m. and 7:00 p.m.
6.
The registrant shall comply with all applicable federal, state and local laws, regulations and ordinances.
7.
Registrant shall conduct all collection, handling and processing of recovered materials in accordance with the requirements of this section and the certification issued pursuant to Rule 62-722, Florida Administrative Code, as amended from time to time.
8.
In no event shall the registrant perform commercial solid waste services under the guise of collecting, transporting, processing, or disposing of recovered materials.
9.
Registrant shall not deliver recovered materials to a facility which is permitted as a solid waste management facility unless the registrant has given prior notification to the city's director of the department of public works, and registrant has received authorization to utilize such facility.
10.
Registrant shall provide a copy of its certification and registration to any commercial generator of recovered materials, the registrant's agents and contractors, or to customers who request such proof of registration.
(e)
If any of the registration information submitted by the registrant changes during the term of the registration, the registrant shall report those changes to the city within thirty (30) calendar days of the change.
(f)
The registrant shall pay the city the required annual renewal of the registration fee between September 1 and October 1 of each fiscal year.
(4)
Transferability. No registration issued pursuant to this section may be assigned or transferred without the prior written approval of the city.
(5)
Inspection of books and records. The city shall have the right at all times upon reasonable notice to inspect the relevant books and records of registrant. The inspection shall be for the purpose of verifying that the registrant is in compliance with the requirements of this section. The books and records of the registrant shall be maintained at a location within Broward County, Florida, or produced at such location upon request of the city.
(6)
Violation; penalty.
(a)
Violation. Each violation of this section or any of its subsections is deemed a separate and distinct infraction of this Code; however, for the first violation of operating without a registration the hauler or dealer shall be given a written warning and allowed ten (10) calendar days to apply for and receive the required registration.
(b)
Penalty. Any person who violates any provision of this section shall be punished as provided herein:
1.
Fine. Each violation of this section shall be punishable by a minimum civil penalty of two hundred fifty dollars ($250.00). A maximum civil penalty of five hundred dollars ($500.00) may be assessed plus the costs associated with investigation and prosecution together with any equitable remedies deemed reasonable and proper by the court.
2.
Revocation. The violation of the terms and conditions of this section may be cause for revocation of the registration. The city manager may, upon consistent and repeated violations of this section, revoke a registration for a violation as aforementioned and may immediately declare such registration null and void, and, upon such declaration, the hauler issued the registration shall immediately cease all operations and shall be considered to have forfeited such registration and the rights acquired thereunder. Should the city manager decide to revoke a registration, he shall provide the hauler with notice of such revocation and the reasons therefore. Such notice shall be sent certified mail, return receipt requested. Upon receipt of such notice, the hauler may appeal such revocation to the city commission, and the appeal and hearing thereon shall be conducted in accordance with the following procedures:
a.
Should a hauler seek appeal from the revocation of the registration, the applicant shall furnish notice of such request for appeal to the city clerk no later than twenty (20) calendar days after the date of receipt of the certified letter advising applicant of revocation of the registration.
b.
Upon receipt of a request for appeal, the city clerk shall thereupon fix the date and time at which the city commission shall hear the appeal, such hearing to be held not less than ten (10), nor more than thirty (30) calendar days subsequent to the date upon which such request for appeal was filed with the city clerk. Upon setting the matter for hearing, the city clerk shall notify the applicant of the date and time of such hearing. At the conclusion of the hearing, the city commission shall either sustain the decision of the city manager or direct the city manager to issue a registration.
3.
Other enforcement. Nothing in this section shall prohibit the city from enforcing this section by other means.
(7)
Exemptions. The registration requirements required of this section shall not be required by persons exempt pursuant to Rule Chapter 62-722, Florida Administrative Code, as amended from time to time.
(8)
Effective October 1, 2000, an approved registration as described herein must be held by all haulers who provide collection services for recovered materials within the city.
(Ord. No. 99-129, § 2, 12-7-99; Ord. No. 2000-123, § 2, 9-19-00)