Fort Walton Beach Council agenda — 01-26-2010 Regular — reading text

Council. John Hofstad Utilities Director City of Fort Walton Beach P.O. Box 4009 Ft. Walton Beach, FL 32549 850) 833 -9904 direct line 850) 833 -9613 office 850) 833-9690 fax ihofstad@fwb.org Original Message— 1/ 6/ 20:10 97_ THIS PAGE IS LEFT INTENTIONALLY BLANK 98-  CITY COUNCIL MEETING January 26, 2010 Ordinance - Second Reading Ordinance 1792 Solid Waste Rates and Charges Synopsis: Updates the solid waste regulatory ordinance and provides for rate or charge changes by action of the City Council. No rate changes are proposed Agenda Item Number: 7.3  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Michael D. Beedie, P. E., City Engineer Date: January 13, 2010 Subject: Ordinance No. 1792 - Amending Chapter 10. 80, Solid Waste, and Chapter 10. 82, Rates and Charges, of the Code of Ordinances 1. BACKGROUND: 1. 1 The City' s current municipal code related to Solid Waste, Chapter 10. 80, has not undergone substantial review or revision since 1997. A staff -level review of the document revealed outdated language which no longer applies and should be deleted. Furthermore, the City' s current solid waste operation requires additional language to standardize the document in accordance with today' s practices. Staff, in cooperation with the City Attorney, incorporated numerous changes to the document to correct the issues mentioned above. 2. DISCUSSION: 2. 1 The changes proposed through Ordinance No. 1792 included striking out -dated and archaic language and adding new language where needed. The notable changes to the document include: 2. 1. 1 Newly added definitions for Construction and demolition debris, Hazardous waste, Recyclables, Solid waste, Solid waste container, Special waste, Tipping Fees, Transfer station, and Waste Collection Vehicle. 2. 1. 2 The removal of certain definitions for continuity including Disposal, Garbage can, Refuse, Refuse container or container, Source separation, Special wastes, and Timed collection. 2. 1. 3 Section 10. 80. 02 required substantial revision to thoroughly define an exception permit as related to those solid waste activities whereby the City is unable, or not equipped, to service the customer. This section further defines compensation due the City by outside waste haulers for the privilege of servicing accounts, both residential and commercial, inside the corporate boundaries of the City. 2. 1. 4 Section 10. 80. 03 was revised to better define Special and Extra Pickups specifically as it relates to requesting a special pickup and charges related to requesting an extra pickup. gg_  2. 1. 5 Section 10. 80. 07 was revised to include requirements for issuance of an exception permit for disposal of construction debris. 2. 1. 6 Section 10. 80. 10 was revised to strike all references to curb -side recycling. 2. 1. 7 Section 10. 82. 02 was revised to clarify language related to Commercial sharing of containers and to strike outdated language related to Overweight, oversize or excess volume trash, Timed collection account, and Portable trailer. 2. 2 The items referenced above highlight those areas of the Solid Waste Ordinance where substantial revision occurred. Other areas of the Ordinance were also revised but not referenced in this report due to their relative insignificance. Ordinance No. 1792 strengthens the City' s Solid Waste Ordinance and clarifies ambiguities and inconsistencies found in the previous version of the document. 3. FINANCIAL INFORMATION: 3. 1 Ordinance No. 1792 is being presented to City Council for approval to amend specific chapters of the City' s Code of Ordinances related to Solid Waste and Rates and Charges. As such, there is no financial impact related to these proposed changes. 4. RECOMMENDATION: 4. 1 Staff requests City Council approval, on second reading, of Ordinance No. 1792 to amend Chapter 10. 80, Solid Waste, and Chapter 10. 82, Rates and Charges, of the City of Fort Walton Beach Code of Ordinances. 5. ATTACHMENTS: 5. 1 Ordinance No. 1792 5. 2 Legal Sufficiency E -Mail from City Attorney, dated September 9, 2009 6. SIGNATURE BLOCK: 6. 1 Submitted By: Michael D. Beedie, P. E., City Engineer 6. 2 Reviewed and Concur: $ Bran y Wunker, Finance Director 6. 3 Reviewed for Agenda: / 2d to ob rt T. Mearns Manager 100- 1 2 ORDINANCE 1792 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON ] BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 10. 80, SOLID 5 6 WASTE, AND CHAPTER 10.829 RATES AND CHARGES, OF THE CODE OF 7 ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 10 THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: 11 12 SECTION 1. Authority and Intent 13 The authority for enactment ofthis ordinance is pursuant to Section 2 ofthe City 14 Charter, and Section 166.021, Florida Statutes. Chapters 10.80 and 10.82, of the Code of 15 Ordinances are being amended to incorporate changes for the City' s solid waste 16 operations, charges, and to correct terminology. 17 18 SECTION 2. Amendment of Chapter 10.80, Solid Waste 19 Chapter 10.80, Solid Waste, of the Code Ordinances is amended as follows: 20 21 See. 10. 80.01. Definitions. 22 The following words, terms and phrases, when used in this chapter, shall 23 have the meanings ascribed to them in this section, except where the 24 context clearly indicates a different meaning: 25 26 Bulk container or dumpster. A container that may contain both wet and 27 dry solid waste that is typically used by commercialindustrial, public, or 28 multi -tenant residential facilities. that eentains se ealle 29 gafbage, 30 that is dumped daily,- 31 sanitatien and lie pee4er-. 32 33 Construction and demolition debris Concrete} concrete block brick. 34 mortar, sand gavel, dirt, dam, paper, metal, asphalt, and any other 35 construction or demolition by product. 36 37 > leaking, ef: 38 placing of any selid waste or- hazar-deus waste into er- upen my land er- 39 40 , be emitted into the air or disehaWd i 41 any waters, ineWding gnaundwaters, of ethenvise ei# er-the 42 43 Garbage. All kitchen and table food waste, animal or vegetative waste 44 that is attendant with or results from the storage, preparation, cooking or 45 handling of food materials. 101- 46 , 48 eapacity not fnere than 32 gallons nor lean than 15 gallons-. 49 50 A- rtes —A -solid waste --i ei4i ed by the depfftment o 51 . 52 53 Hazardous waste AU chemical compound, mixture, substance; or article 54 that is designated by the United States Environmental Protection Agency, 55 or other applicable federal agency, or by the State of Florida to be 56 " hazardous,," as that term is defined by federal or state law,- and which 57 shall not be disposed in a landfill transfer station, or recyclin facility. acility. 58 59 Infectious wastes. Those wastes that whie may cause disease or that 60 wish are reasonably of harboring pathogenic organisms. suspected 61 re_ including wastes resulting from the operation of medical 62 clinics, hospitals and other facilities producing infectious wastes, such as 63 Whieh M Ieensi - ef;-but are net limited to, diseased human and animal 64 parts, contaminated bandages, pathological specimens, hypodermic 65 needles, contaminated clothing and surgical gloves,,-etc. 66 67 Recycling. The reuse of solid waste in manufacturing, agriculture, power 68 production, or other processes. 69 70 Reo clabks Those solid waste items that are separated from the solid 71 waste stream and can become commodities through recycling. 72 73 Reuse. E3 , 74 75 dispesal. 76 77 Refuse to r — or- een rye receptaele previded _by 79 rand th- a-handle and Wheels -fermi out euf • de piekap and wh eG V J µanimals .nofd insec aaaA7V V+N. bApia 80 is r3ant to ,i1ntur GR bane - , b V l11 a11µ 1 µ caµ n appfr. ij/ 3Ja v od 81 Fefuse 82 for-r & se . super-ifAendent . 83 84 Sanitary nuisance. A condition created by any person, or the keeping, 85 maintaining, propagation, existence, or permitting of anything by a person 86 which threatens or impairs the health or lives of individuals may be 87 flffeatened , or causes or transmits by which disease may be 88 tffaffisni# edand further defined in the City's Land Development 89 Code_ 90 102- 91 Shredding. A process of reducing the particle size of solid waste through 92 the use of grinding, shredding, milling or rasping machines. Ax1j 94 > 95 > er- eentained gaseous mat 96 > 97 98 99 A.G. 100 bypmdue-t materials regulated under F.S. A 404 er- under- the Feder- or- 101 Memie EneFff Act of -1-954, as ' suspended IJ 3V3 Y VK 102 103 > 104 separated at 105 , 106 peifflt and held fer-purposes