Sec. 90-28. - Legislative authority.
Sec. 90-30. - Adoption of rules to implement article.
Secs. 90-33—90-45. - Reserved.
This article and any rules or regulations enacted pursuant to this article shall be known as the Pasco County Solid Waste Collection and Disposal Ordinance.
(Code 1970, § 23-43; Ord. No. 89-06, § 3, 2-21-89)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act means Laws of Fla. ch. 87-441.
Assessments means any charge imposed by the county, other than tipping fees, for the disposal of solid waste in the solid waste disposal and resource recovery system.
Collection vehicles and equipment means or refers to all vehicles, trailers, receptacles and other equipment utilized by any person engaged in the business of collecting, transporting or disposing of solid waste within the county.
Construction and demolition debris means nonhazardous material generally considered not to be water soluble, including but not limited to steel, concrete, glass, brick, asphalt roofing material or lumber from a construction or demolition project including trees and vegetation from land clearing for a construction project. Contamination of construction and demolition debris with any amount of other types of solid waste will cause it to be classified other than construction and demolition debris.
Hazardous waste means waste material or a combination of waste material 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 threat or potential hazard to human health or the environment when improperly transported, disposed, stored, treated or otherwise managed. Hazardous waste includes but is not limited to volatile, chemical, biological, explosive, inflammable, radioactive and toxic material or any other material defined as hazardous waste by state or federal law.
Interlocal agreement means an agreement entered into between the county and another governmental agency pursuant to F.S. ch. 163 which authorizes the disposal of solid waste in the county's solid waste disposal and resource recovery system.
Licensed service area means that area of service for which the board of county commissioners has authorized a license for the collection, transport and disposal of solid waste pursuant to this article.
Nonprocessable waste means ashes; foundry sand; cesspool and other human waste; human remains; carcasses; tree trunk sections; branches and stumps longer than five feet or more than eight inches in diameter; matter or material longer than five feet; motor vehicles, including major parts such as transmissions, rear ends, springs and fenders; agricultural machinery and equipment, marine vessels and their major parts and any other large machinery or equipment; liquid waste; any matter or material, incineration of which in the solid waste disposal and resource recovery system is prohibited by law, ordinance, rule or regulation of any government or public agency having jurisdiction over the solid waste disposal and resource recovery system and its operations; noncombustible construction material; and demolition debris, ordinance materials, hazardous waste and special waste.
Processable waste means that portion of the solid waste stream which is capable of being processed in a resource recovery facility of the type selected by the county, including but not limited to all forms of household and other garbage, trash, rubbish, refuse, combustible agricultural waste, commercial and light industrial waste, leaves and brush, paper and cardboard, plastics, wood and lumber, rags, carpeting, occasional tires, furniture, mattresses, stumps, wood pallets, timber, tree limbs, ties and logs, not separated and recycled at the source of generation, but excluding nonprocessable waste, except, to the extent consistent with the regulatory and permit requirements applicable to the processing of solid waste by a resource recovery facility of the type selected by the county, such minor amounts of nonprocessable waste, other than hazardous waste, as may be contained in the solid waste stream.
Recyclable materials means those materials designated by the county for collection at curbside or by bulk container which includes but is not limited to aluminum cans, glass bottles (all colors), ferrous (bimetal) cans, HDPE and PET plastic containers and any other recyclable materials designated by the county.
Resource recovery means any process by which one or more of the various components in solid waste is separated and concentrated for reuse or resale, including the conversion of solid waste into energy or a marketable fuel.
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 and industrial wastewater effluent, dissolved materials and irrigation return flows, other common water pollutants or special waste, or any byproducts, the sale or reuse of which is intended by the person from whose process they resulted.
Solid waste disposal and resource recovery system means any and all facilities used and useful by the county 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 generating facilities using solid waste as fuel. The term also includes transfer stations and recycling facilities to the extent such facilities are provided or operated by the county.
Special waste means any waste that requires extraordinary management and includes but is not limited to abandoned automobiles; inoperative or discarded refrigerators, ranges, washers, water heaters and other similar domestic and commercial appliances; used tires; waste oil; sludges; dead animals; septic tank pumping; and infectious and hazardous waste.
Tipping fees means any charge, rate or fee imposed by the board of county commissioners for disposal of solid waste within the solid waste disposal and resource recovery system. The term includes any supplemental tipping fee or special tipping fee established for the disposition of special waste.
Transfer station means the facility where solid waste is placed before being transported to a solid waste processing or disposal facility.
Volume reduction plant means but is not necessarily limited to incinerators, pulverizers, compactors, shredding and baling plants, composting plants, resource recovery plants and other plants which accept and process solid waste for recycling or disposal.
Yard trash means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps.
(Code 1970, § 23-44; Ord. No. 89-06, § 4, 2-21-89; Ord. No. 91-16, § 1, 12-3-91)
Cross reference— Definitions generally, § 1-2.
State law reference— Similar provisions, F.S. § 403.703.
Sec. 90-28. - Legislative authority.
This article is enacted pursuant to the authority set forth in F.S. chs. 125 and 403 and Laws of Fla. ch. 87-441.
(Code 1970, § 23-42; Ord. No. 89-06, § 2, 2-21-89)
It is the purpose and intent of this article to provide the county with control over the flow of all processable waste generated within the county in order that the processable waste may be directed to the county's solid waste disposal and resource recovery system. The further purpose of this article is to provide for safe, efficient and environmentally sound collection and disposal of solid waste generated within the county and to ensure the citizens of the county the availability of solid waste collection services in a cost-effective manner.
(Code 1970, § 23-41; Ord. No. 89-06, § 1, 2-21-89)
Sec. 90-30. - Adoption of rules to implement article.
The board of county commissioners is authorized and empowered to promulgate and adopt, pursuant to resolution, rules and regulations to implement this article. Such rules and regulations shall not be inconsistent with this article.
(Code 1970, § 23-57; Ord. No. 89-06, § 17, 2-21-89)
This article shall be applicable to all incorporated and unincorporated areas of the county.
(Code 1970, § 23-63; Ord. No. 89-06, § 23, 2-21-89)
State law reference— County to have responsibility to provide for operation of solid waste disposal facilities for incorporated and unincorporated areas, F.S. § 403.706.
(a)
All solid waste generated within the county shall be disposed in the county's solid waste disposal and resource recovery system, with the exception of the following:
(1)
Hazardous wastes;
(2)
Construction and demolition debris disposed of at a site permitted by the governing body of the county;
(3)
Yard trash; and
(4)
Recyclable materials as authorized and permitted under this article.
(b)
It shall be unlawful for any person to dispose of any solid waste within the area of the county subject to the jurisdiction of this article when such solid waste was not generated within the area of jurisdiction, unless an appropriate interlocal agreement or other disposal agreement authorizing such disposal has been approved by the board of county commissioners.
(c)
It shall be unlawful for any person to transport or dispose of solid waste required to be placed in the county's solid waste disposal and resource recovery system outside the system.
(d)
Failure to dispose of solid waste as required by this section shall constitute a violation of this article subjecting a person found guilty thereof to the penalties provided by law.
(Code 1970, § 23-45; Ord. No. 89-06, § 5, 2-21-89)
State law reference— Flow control ordinance authorized, F.S. § 403.713; disposal restrictions, F.S. § 403.708.