ARTICLE II. - SOLID WASTE DISPOSAL AND RESOURCE RECOVERY SYSTEM

Area affected by this act [article] means all unincorporated areas of Pasco County, Florida, and to the extent authorized by appropriate interlocal agreements, the incorporated areas of Pasco County, Florida.

(2)

Cost of system means the cost of acquiring or constructing the components and facilities of a unified solid waste disposal and resource recovery system and shall include the cost of all labor and materials, the cost of all lands, property, rights, easements, and franchises acquired which are deemed necessary for such acquisition and construction, the cost of all machinery and equipment, any financing charges, any letter of credit or insurance premium, the funding of any reasonably required debt service, reserve, or renewal and replacement fund, any interest prior to and during construction and for a reasonable period after construction, any engineering and legal expenses, the cost of any plans, specifications, surveys, or estimates of construction costs and of revenues, any other expenses necessary or incident to determining the feasibility or practicability of such acquisition or construction, any administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, to such acquisition or construction and initial operation, and to the placing of the system or any portion thereof in operation.

(3)

County means Pasco County, Florida, the area and territorial limits of which are more particularly identified in subsection (1).

(4)

Governing body of the county means the board of county commissioners of Pasco County, exercising county power pursuant to F.S. ch. 125.

(5)

Hazardous waste means waste materials, or a combination of waste materials, 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 shall include, but not be limited to, volatile, chemical, biological, explosive, flammable, radioactive, and toxic materials.

(6)

Person means an individual, partnership, joint venture, private or public service company, agency, department, or entity of the United States government or of any state government or any agency, department or entity, public or private, however organized.

(7)

Resource recovery means any process by which one or more of the various components in solid waste is separated or concentrated for reuse or resale including the conversion of solid waste into energy or a marketable fuel.

(8)

Solid waste means garbage, refuse, and other discarded solid materials, including solid waste materials resulting from domestic, industrial, commercial, or agricultural operations, governmental operations, and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluent, dissolved materials in irrigation return flows, other common water pollutants or special wastes, or any byproducts, the sale or reuse of which is intended by the person from whose process they resulted.

(9)

Solid waste disposal and resource recovery system means any and all facilities used and useful in the collection, transportation, and disposal of solid waste, including but not limited to, volume reduction plants, sanitary landfills, or other disposal means, and resource recovery facilities, including steam production and electrical generation facilities using solid waste as fuel. The term also includes transfer stations to the extent such facilities are also provided or operated pursuant to carrying out the provisions of this act [article].

(10)

Special wastes means any wastes that require extraordinary management. Special wastes shall include, but not be limited to, abandoned automobiles, inoperative and discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances, used tires, waste oil, sludges, dead animals, septic tank pumpings, and infectious and hazardous wastes.

(11)

Transfer station means a facility where solid waste is placed before being transferred to a solid waste processing or disposal facility.

(12)

Volume reduction plant means, but is not limited to, incinerators, pulverizers, compactors, shredding and bailing plants, composting plants, resource recovery plants, and other plants which accept and process solid waste for recycling or disposal.

(Laws of Fla. ch. 87-441, § 2)

Cross reference— Definitions generally, § 1-2.

Sec. 234-38. - Declaration of state policy.

In order to enhance the beauty and quality of our environment, conserve and recycle our natural resources, prevent the spread of disease and the creation of nuisance, protect the public health, safety, and welfare, and provide a coordinated statewide resource recovery and management program, the legislature finds that:

(1)

Inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, have an adverse effect on land values, and create public nuisance.

(2)

Problems of solid waste management have become a matter statewide in scope and necessitate state action to assist local governments in improving methods and processes to promote more efficient methods of solid waste collection and disposal.

(3)

Continuing technological progress and improvements in methods of manufacture, packaging, and marketing of consumer products have resulted in an accelerated increase in the mass of material discarded by the purchasers of such products, thereby necessitating a statewide approach which will avoid varied and uncoordinated solutions by local governments around the state.

(4)

The economic and population growth of this state and the improvements in the standard of living enjoyed by its population have required increased industrial production together with related commercial and agricultural operations to meet its needs, which have resulted in a rising tide of unwanted and discarded material.

(5)

The failure or inability to recover economically material and energy resources from solid waste results in the unnecessary waste and depletion of our natural resources, and therefore maximum resource recovery from solid waste and maximum recycling and reuse of such resources are considered goals of the state.

(6)

Two goals of the state's policy with respect to hazardous and nonhazardous material and waste are expressed in F.S. § 187.201(13)(b), and are hereby adopted herein by the following statements:

By 1995, reduce the volume of nonhazardous solid waste disposed of in landfills to 55 percent of the 1985 volume.

Encourage and expedite the development of environmentally safe hazardous waste treatment, storage, and disposal facilities.

(7)

The powers and purposes enumerated in this act [article] constitute proper powers and purposes of the county in fulfilling uniform state policy in providing for the benefit, health, and welfare of the inhabitants of the county and of the state in the safe, beneficial, economical, and lawful management and disposal of solid waste. It is hereby found and declared that the county will be performing essential and proper governmental functions and fulfilling uniform state policy in providing for the franchising to any person of, the financing, refinancing, acquisition, construction, improvement, operation, or maintenance of the solid waste disposal and resource recovery system within the area affected by this act [article], and in providing for the issuance and securing of indebtedness under this act [article] and in the elimination of competition among solid waste disposal and resource recovery facilities within the area affected by this act [article]. It is further found and declared that the financing, refinancing, acquisition, construction, improvement, operation, or maintenance of the solid waste disposal and resource recovery system within the area affected by this act [article] and/or the franchising of any such function to any person are essential for the benefit, health, and welfare of the residents of the county and this state.

(Laws of Fla. ch. 87-441, § 3)

Sec. 234-39. - Powers vested in county.

(a)

Any general law or special act to the contrary notwithstanding, the county shall have exclusive control over the collection and disposal of solid waste generated or brought within the area affected by this act [article]. All persons within the area affected by this act [article] are required by the terms of this act [article], upon notice of such requirement being published by the county, to deliver all solid waste which is collected or brought within the area affected by this act [article] to the county's solid waste disposal and resource recovery system. No person except the county, its franchisee, licensee, or other designated person shall operate, maintain, manage, or engage in the collection and disposition of solid waste in any manner whatsoever within the area affected by this act [article], except by agreement with or by license or permit of the county. Nothing in this section shall limit the right of any person to use the county's solid waste disposal and resource recovery system after compliance with reasonable rules and regulations as set forth by the county, including the payment of established rates, fees, special assessments, and charges. The provisions of this section shall be self-executing without any further action on the part of the county except to provide notice as stated herein. However, nothing herein shall be construed to preclude or prohibit the county from adopting reasonable rules and regulations in regard to the manner and means of operating its solid waste and resource recovery system.

(b)

The county shall have the additional power to impose, levy, collect or, to the extent not inconsistent with general law, to have collected in the same manner as ad valorem taxes, an annual disposal special assessment as a means of financing the original construction and/or acquisition of additions, extensions and improvements to the solid waste disposal and resource recovery system, the payment of the principal of and interest on bonds or other appropriate indebtedness issued pursuant to this act [article], the cost of operating, maintaining, and repairing the solid waste disposal and resource recovery system and all other payments that are required to be made by the county in connection with the purposes of this act [article]. Any special assessment so imposed pursuant to the terms of this act [article] shall constitute a lien against any such improved real property for which the special assessment is imposed until fully paid and discharged, or barred by law. Special assessments shall be prior to all other liens, except for such liens shall be on a parity with the lien of state, county and municipal taxes, and any lien for charges for services created pursuant to F.S. § 159.17.

(Laws of Fla. ch. 87-441, § 4)

Sec. 234-40. - Additional powers of county.

In addition to powers which the county may now have and in addition to the power granted in section 234-39, the county shall have the power under this act [article]:

(1)

To finance, refinance, construct, acquire, improve, maintain, manage, and operate or contract with persons, firms, or corporations for the financing, construction, acquisition, improvement, operation, maintenance, management, or ownership of a solid waste disposal and resource recovery system within the area affected by this act [article] and, pursuant to interlocal agreement, within areas outside the area affected by this act [article] and to acquire by gift, purchase, or the exercise of the power of eminent domain lands or rights in lands and any other property, real or personal, tangible or intangible, necessary for such purposes.

(2)

To operate, manage, and maintain or provide for the construction, operation, management, and maintenance of such solid waste disposal and resource system or any portion thereof for its own use and for the use and benefit of persons within the area affected by this act [article] or territory adjacent thereto who shall use such facilities and services and to enter into long-term contracts or agreements for the disposal of solid waste and resource recovery with any such person.

(3)

To provide by ordinance or resolution, at one time or from time to time, for the issuance of revenue bonds or other appropriate debt instruments of the county for the purpose of financing or refinancing all or part of the cost of the county's solid waste disposal and resource recovery system or any portion thereof. The principal of and interest on such bonds shall be payable from the revenues derived from the operation of the system and from any other legally available funds, other than ad valorem tax revenues, as may be provided in the ordinance or resolution authorizing the bonds. The bonds of each issue shall be dated, may or may not bear interest which shall be at a rate or rates not exceeding amounts allowable by general law in effect at the time of the issuance of each series, shall mature at one time or at times not exceeding 40 years from their date or dates of issuance as may be determined by the county and may be made redeemable before maturity at the option of the county at such price or prices and under such terms and conditions as may be fixed by the county prior to the issuance of the bonds. The county shall determine the form of the bonds and the interest coupons, if any, to be attached thereto and the manner of executing the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal of and interest and premium, if any, on the bonds, which may be at any bank or trust company within or without the state. If any officer whose signature or facsimile of whose signature appears on any bonds ceases to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if he had remained in office until such delivery. Such bonds shall have and are hereby declared to be and to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code of the state. Provisions may be made for the registration of any of the bonds in the name of the owner as to principal alone or as to both principal and interest and for the reconversion of any of the bonds registered as to both principal and interest into coupon bonds if authorized under existing law. Such bonds may be issued without regard to any limitation on indebtedness prescribed by any other law and shall not be included in the amount of bonds which the county may be authorized to issue under any statute. The county may sell such bonds in such manner and for such prices as it may determine to be in the best interest of the county, subject to the restrictions of any general law in effect at the time of sale. Prior to the preparation of definitive bonds, the county may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery and may issue bond anticipation notes pursuant to F.S. § 215.431. The county may also provide for the replacement of any bonds which shall become mutilated, or be destroyed or lost. Such bonds may be issued without any other proceedings or the happening of any conditions or events other than those proceedings, conditions, or events which are specifically required herein.

(4)

In the discretion of the county, each or any issue of such bonds may be secured by a trust agreement by and between the county and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement may pledge or assign the revenues to be received, but in the case of a county-owned facility shall not convey or mortgage the solid waste disposal and resource recovery system or any portion thereof. The ordinance or resolution providing for the issuance of bonds or such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the county and the governing body of the county in relation to the acquisition, construction, improvement, maintenance, operation, repair, and insurance of the solid waste disposal and resource recovery system or any portion thereof and the custody, safeguarding, and application of all moneys. Such ordinance, resolution, or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any. In addition to the foregoing, such ordinance, resolution, or trust agreement may contain such other provisions as the county may deem reasonable and proper for the security of bondholders. Except as otherwise provided herein, the county may provide, by ordinance, resolution, or such trust agreement, for the payment of the proceeds of the sale of the bonds and the revenue of the facilities to such officer, board, or depository as it may determine for the custody thereof and for the method of disbursement thereof with such safeguards and restrictions as it may determine.

(5)

To employ and to enter into agreement and contracts with consultants, advisors, engineers, attorneys, or fiscal, financial, or other experts for the planning, preparation, supervision, financing, and refinancing of such solid waste disposal and resource recovery system or any portion thereof upon such terms and conditions as the governing body of the county shall deem reasonable and proper.

(6)

To enter into contracts for the sale of resources recovered and energy generated in operations of the solid waste disposal and resource recovery system or any portion thereof.

(7)

To use any rights-of-way, easements, or other similar property rights, necessary or convenient, in connection with the construction, acquisition, improvements, operation, management, or maintenance of such solid waste disposal and resource recovery system held by the state or any local agency thereof, and the state hereby consents to such use whenever necessary to carry out the purposes of this act [article] to the extent such use by the county does not interfere with a prior existing use serving a valid public purpose.

(8)

To grant exclusive or nonexclusive licenses, franchises, or permits to persons for the financing, refinancing, ownership, improvements, construction, acquisition, operation, maintenance, or ownership of such solid waste disposal and resource recovery system for a term not exceeding 40 years; to provide for the issuance of licenses, franchises, or permits to persons for the collection of solid waste, in the area affected by this act [article]; to impose such conditions on said licenses, franchises, or permits as shall include, but not be limited to, standards of service, rate regulation, area of population, and fees for privilege of operating under the license, franchise, or permit; to provide that the license, franchise, or permit shall have no value as to the unexpired term of the license, franchise, or permit in the event of revocation; to provide in any franchise agreement the right of acquisition by condemnation; to impose such other conditions on said license, franchise, or permit as shall be reasonable and necessary; and to issue industrial development bonds to assist in the construction and acquisition of such facilities pursuant to F.S. ch. 159, pt. II (F.S. § 159.25 et seq.).

(9)

To adopt and enforce all ordinances or resolutions necessary or convenient to carry out the purposes of this act [article].

(Laws of Fla. ch. 87-441, § 5)

Sec. 234-41. - Regulatory powers.

(a)

The state shall have regulatory powers over all facilities constructed or acquired and shall have all powers granted under this act [article] pursuant to the provision of F.S. ch. 403, pt. II (F.S. § 403.501 et seq.) and F.S. ch. 403, pt. IV (F.S. § 403.702 et seq.), or through any other applicable statute or special law. The county shall possess supervisory powers over any facilities constructed or acquired and all powers granted under the provisions of this act [article] and through any other applicable statute or special law.

(b)

Any application by the county for a permit under F.S. § 403.707, for a certification under F.S. ch. 403, pt. II (F.S. § 403.501 et seq.), with respect to the solid waste disposal and resource recovery system shall contain a general description of the manner in which the county proposes to exercise its regulatory authority under this section and sections 234-39 and 234-40(8).

(Laws of Fla. ch. 87-441, § 6)

Sec. 234-42. - Rates, fees, special assessments and charges.

If the solid waste disposal and resource recovery system is owned by the county, the solid waste disposal and resource recovery system shall be operated on a self-liquidating basis. However, the county may use, as provided in subsection 234-40(3), legally available funds of the county as additional security for the bonds authorized by said subsection under any circumstances, whether the solid waste disposal and resource recovery system is owned by the county or privately owned. The governing body of the county, after a public hearing, shall prescribe a schedule of rates, fees, special assessments, or other charges for the utilization of the services and facilities of such solid waste disposal and resource recovery system and may whenever necessary, revise such schedule. If the county owns the system, the schedule of rates, fees, special assessments, or other charges prescribed shall be sufficient to produce revenues that when taken together with other legally available sources will be adequate to pay the cost related to the county's obligation, if any, of the operation, maintenance, repair, and necessary expansion of such solid waste disposal and resource recovery system, including reasonable reserves therefor, and to pay when due all obligations and interest thereon issued for the purposes of acquiring such solid waste disposal and resource recovery system. If the solid waste disposal and resource recovery system is privately owned, the county, after a public hearing, shall determine and fix fair, just, and reasonable rates that may be requested, demanded, charged, or collected by the franchisee. Such rates and charges shall be determined and fixed in the following manner:

(1)

The governing body of the county shall investigate and determine the actual legitimate cost of the property of each franchisee, which property is actually used and useful in the public service, and shall keep a current record of the net investment of each franchisee in such property which value, as determined by the governing body of the county shall be used for rate-making and shall be the money honestly and prudently invested by the franchisee in such property used and useful in serving the public, less accrued depreciation, and shall not include any goodwill or going concern value or franchise value in excess of payment made therefor.

(2)

When, after such public hearing, the governing body of the county finds that the rates demanded, charged or collected by any franchisee; that the rules, regulations, and practices of such franchisee affecting such rates are unjust, unreasonable, unjustly discriminatory or in any way in violation of law; that such rates are insufficient to yield reasonable compensation for the services rendered; or that such service is inadequate or cannot be obtained; the governing body of the county shall thereafter determine just and reasonable rates to be charged for such services and shall adopt rules affecting equipment, facilities, and services to be installed, furnished, or used. The governing body of the county may require the franchisee to issue refunds for past overcharges to or overpayment from any person.

(Laws of Fla. ch. 87-441, § 7)

Sec. 234-43. - Collection of charges.

If the fees, assessments, rentals, or other charges for the services and facilities of said solid waste disposal and resource recovery systems are not paid when due, the county may cause such services and facilities to be discontinued and shut off as to any particular person until such fees, rentals, or other charges are fully paid. Such delinquent fees, rentals, or other charges, together with interest, penalties, charges for the shutting off and discontinuance and the restoration of such services or facilities, and reasonable attorney's fees and other expenses may be recovered by the county by suit in a court of competent jurisdiction. The county may also enforce payments of such delinquent fees, rentals, or other charges by any other lawful method of enforcement. To the extent consistent with general law, rates, fees and other charges may be collected on the annual ad valorem tax bill and payment enforced in the same manner as ad valorem taxes.

(Laws of Fla. ch. 87-441, § 8)

Sec. 234-44. - Annual audit.

The governing body of the county shall require an annual independent audit of the solid waste disposal and resource recovery system by a qualified certified public accountant and shall make available a copy of the audit report to all municipal and private entities utilizing the system. Separate budgetary accounts and records shall be maintained by the solid waste disposal and resource recovery system, and its funds shall not be commingled with the general funds of the county. Nothing herein shall prevent the pooling of funds for purposes of authorized investments.

(Laws of Fla. ch. 87-441, § 9)

Sec. 234-45. - Services rendered to county.

Charges shall be made for any facilities or services rendered by such solid waste disposal and resource recovery system to the county or other governmental users of the system at the rate or rates at least equal to those applicable to other customers or users using facilities or services under similar circumstances. Revenues derived from such facilities or services furnished to the county and other governmental users shall be treated as all other revenues of the system.

(Laws of Fla. ch. 87-441, § 10)

Sec. 234-46. - Grants, loans and contributions.

The county shall have power to contract with any person, the State of Florida, or any agency, department, or instrumentality of the United States of America, or any agency, instrumentality, or corporation of or created by the United States of America with respect to such solid waste disposal and resource recovery system, or any part thereof, and shall also have power to accept and receive grants, loans, or contributions from the same, and, in connection with any such contract, grant, loan or contribution, may stipulate and agree to such covenants, terms and conditions as the governing body of the county shall deem appropriate.

(Laws of Fla. ch. 87-441, § 11)

Sec. 234-47. - Lease of facilities.

The county shall have power to lease its solid waste disposal and resource recovery system or any part or parts thereof to any person, upon such terms and conditions and for such period of time as shall be determined by the county. The county also shall have power to grant permits or franchise licenses in connection with any of the facilities of such solid waste disposal and resource recovery system and shall have full and complete power to do all things necessary for the proper and efficient administration and operation of such solid waste disposal and resource recovery system and all parts thereof. The county shall also have power whenever it deems it necessary, to enter into agreements to lease any facilities of any nature for such solid waste disposal and resource recovery system.

(Laws of Fla. ch. 87-441, § 12)

Sec. 234-48. - Enforcement.

The governing body of the county is authorized to institute legal action in a court of competent jurisdiction for injunctive or other relief to enforce the provisions of this act [article].

(Laws of Fla. ch. 87-441, § 13)

Sec. 234-49. - Prohibiting franchise and other fees by other municipalities.

No other municipality shall impose or collect any franchise or any similar fee on real property upon which the county's solid waste disposal and resource recovery system is located. All fees and charges which may be required by a municipality in order to provide water, sewer, or other utility services authorized by F.S. § 180.06 to said system are not prohibited by this action when such fees and charges are based upon established rates.

(Laws of Fla. ch. 87-441, § 14)

Sec. 234-50. - Conformance with county, state and federal standards.

Any solid waste disposal and resource recovery system as defined in this act [article] shall be operated and maintained in conformity with all county, state and federal standards that have local application for the protection of the quality of air and water resources, for the prevention of contamination or degradation of soil and land areas, and for the enhancement and protection of the environment of Pasco County, Florida.

(Laws of Fla. ch. 87-441, § 15)

Sec. 234-51. - Exemption from Antitrust Act.

The exercise of all rights and powers provided by this act [article] shall be exempt from the provisions of the Florida Antitrust Act of 1980, F.S. ch. 542, as amended.

(Laws of Fla. ch. 87-441, § 16)

Sec. 234-52. - Effect of state general laws.

The provisions of this act [article] and the powers conferred herein shall be exclusive, but shall be in addition and supplemental to all existing powers vested in the county by virtue of general and special laws of the state.

(Laws of Fla. ch. 87-441, § 17)

Sec. 234-53. - Contracts.

The legislature of the State of Florida covenants to all holders of bonds issued pursuant to this act [article] that it shall not pass any law impairing the obligation of contracts.

(Laws of Fla. ch. 87-441, § 19)

Sec. 234-54. - Inconsistent and conflicting laws superseded.

Any inconsistent or conflicting power granted the county or any other participating municipality within the county in its charter or under any general or special act of this state is hereby superseded to the extent of such conflicts.

(Laws of Fla. ch. 87-441, § 20)