Sec. 90-46. - Collection vehicles and equipment.

In the exercise of the license privileges granted in this division, the license holder shall use only collection vehicles and equipment meeting the following specifications and maintenance requirements:

(1)

The body of all collection vehicles and equipment shall be watertight to prevent the escape of water or other liquids prior to unloading at the authorized disposal area. All packer vehicles shall have an enclosed cab, well-located handholds, adequate door fastenings, hydraulic unloading capabilities and ample racks or supports for tools, containers and other equipment. There shall be provision for two or more employees to ride the vehicle without entering the cab.

(2)

All collection vehicles and equipment must be adequate in number and type to satisfactorily perform duties prescribed in this division and the conditions set forth in the license and shall be maintained in a lawful, safe and good mechanical condition.

(3)

The interior of all collection vehicles or transport vehicles shall be washed or sanitized not less than every five days.

(4)

All collection vehicles and equipment shall be maintained and cleaned in a safe and sanitary manner and shall be inspected for sanitary cleanliness at least once quarterly by the county, which inspections may be without prior notice to the license holder.

(5)

Each vehicle transporting solid waste in the county shall carry a broom, shovel, fire extinguisher, first aid kit and other equipment which may be necessary either to prevent any of the contents of the vehicle from falling or being blown from the vehicle while stationary or in transit or to remove any accidental release of solid waste.

(6)

Each vehicle collecting solid waste in the county shall have the capability of washing and sanitizing the containers from which solid waste has been extracted after collection has been made, and such washing and sanitizing of specialized containers shall be done on a regular basis.

(7)

All collection vehicles and equipment of the license holder shall have displayed in a conspicuous place on both the front and rear of the vehicle and equipment and upon each side of the vehicle and equipment, in letters of not less than 12 inches in height, the license number of the license holder in the following manner:

Pasco County License Number ____________

(8)

Each collection and transport vehicle of the license holder shall have a current county-approved decal affixed to the exterior of each door. The decal shall be furnished by and shall remain the property of the county and shall be returned to the county upon nonrenewal, suspension or forfeiture of the license.

(9)

All collection vehicles and equipment shall bear the name of the license holder and business office phone number of the license holder.

(10)

Specialized bulk containers furnished by the license holder shall be watertight, nonabsorbent, equipped with close-fitting, self-closing covers suitable for protecting the contents from flies, insects, rats and other animals. Containers shall not have any inside structure, such as inside bands or reinforcing angles, or anything within that would prevent the free discharge of its contents. The containers shall also be free of jagged or sharp edges.

(11)

Specialized bulk containers furnished by a license holder shall be kept in a safe and sanitary condition with the inside and the outside thereof washed at such regular times, as to keep the containers free and clean of accumulating debris and decomposing materials and so that no odor or nuisance shall exist.

(12)

No collection vehicle and equipment utilized by the license holder under the terms of the license shall be used to provide service in areas other than those licensed under this division, including areas in other political subdivisions, unless specifically approved by the county. This subsection shall not prohibit travel of collection or transport vehicles within the county when required to dispose of solid waste at the disposal site within the county's solid waste disposal and resource recovery system pursuant to an agreement with the county.

(13)

No collection vehicles and equipment of a license holder not covered by the terms of the license and identified therein shall be utilized to provide service to the licensed service area.

(Code 1970, § 23-50(1), (3)—(14); Ord. No. 89-06, § 10, 2-21-89)

Sec. 90-47. - Service standards for license holders.

Any person holding a license issued by the board of county commissioners for the collection, transport and disposal of solid waste as provided in this division shall comply with the service standards of this section. The license holder shall:

(1)

Establish and maintain an office located within the licensed service area where service applications may be processed and service complaints received, investigated and resolved. Such office shall be equipped with a listed telephone with sufficient operators and shall have a responsible person in charge to receive and resolve user complaints between the hours of 8:30 a.m. and 4:30 p.m. of each day except Saturdays, Sundays and legal holidays. Telephone access to the local office shall be provided to all customers or potential customers in the licensed service area on a tollfree basis.

(2)

Maintain during the term of the license all auto, liability and workers' compensation insurance, as required by the laws of the state, and shall further maintain comprehensive liability insurance coverage in such amounts as required by the state. Evidence of such required coverage shall be included in any application or renewal application.

(3)

Provide curbside collection services for normal household solid waste at a frequency of not less than two times per week, unless the license holder and customer mutually agree upon a lesser frequency. The license holder shall provide curbside collection services for recyclable materials placed at curbside at a frequency of not less than or more than once every other week. The license holder shall be allowed to establish specific routes and days of collection for normal household solid waste and recyclable materials with at least a two-day interval between normal household solid waste collection. For purposes of this subsection, those holidays the county closes the solid waste and resource recovery system by not accepting solid waste are designated as legal holidays. Collection service for normal household solid waste scheduled for a legal holiday shall be made on the next collection day for the area. Collection service for recyclable materials scheduled for a legal holiday shall be made during the same week of such holiday at the frequency specified in this subsection, and customers shall be notified at least two weeks in advance of any rescheduled collection day.

(4)

Employ, supervise, manage and control a sufficient number of competent employees in order to operate and maintain collection vehicles and equipment to ensure that this article and the terms of the license are complied with at all times.

(5)

Place no limit on the number of residential solid waste receptacles or sealed plastic bags collected from each account, provided that each loaded container or sealed plastic bag shall weigh no more than 50 pounds, including container, and shall contain solid waste generated solely from the particular account. A license holder may charge a surcharge as approved in the license holder's rate structure for any residential account which exceeds six receptacles or bags per collection.

(6)

If required by the county as either a condition of a license or regulations adopted pursuant to this article, provide for the separate collection of containerized yard trash and white goods for residential customers within the licensed service area at least twice monthly at those rates as approved in the license holder's rate schedule pursuant to section 90-48

(7)

Be responsible for the lawful disposition, disposal and cleanup of any hazardous waste collected, transported or disposed of by the license holder; provided, however, this subsection shall not be interpreted as limiting any recourse the license holder may have against the generator of such hazardous waste.

(Code 1970, § 23-51; Ord. No. 89-06, § 11, 2-21-89; Ord. No. 91-16, § 2, 12-3-91; Ord. No. 92-08, § A, 6-16-92)

Sec. 90-48. - Rates for collection service.

(a)

Under this division, all rates to be charged by the license holder shall be approved by the board of county commissioners in accordance with this section.

(b)

All rates shall be based upon the reasonable operating expenses and capital requirements that the license holder demonstrates to the county as necessary in the performance of its obligations under the license, plus either a pretax margin (profit) factor not to exceed 14 percent of gross revenues or, if the board of county commissioners performs a study on collection, transport and disposal rates and determines it is in the best interest of the public to eliminate or modify the pretax margin factor, such other profit factor as authorized by resolution of the board of county commissioners.

(c)

The rates as approved by the board of county commissioners will not include any disposal fee component unless the license holder is charged directly for such disposal in the nature of a tipping fee, in which case such disposal fee will be treated as a pass-through cost to the consumer without any profit factor adjustment.

(d)

Each application for approval of rates or rate changes shall be accompanied by the audited financial statements prepared by an independent certified public accountant identifying and segregating all revenues and expenses associated with the performance of the obligations under the license and the expected profit percentage of the license holder.

(e)

The license holder may establish separate rates for different classes of consumers and for different services upon showing that costs of collection and transport of solid waste differ among the classes or services as established by the license holder. Separate rates may also be established for collection and disposal of hazardous waste if such service is provided by the license holder.

(f)

Notwithstanding any subsection of this section, if the board of county commissioners performs a rate study on collection, transport and disposal costs and determines it is in the best interest of the public to establish rates based upon the cost of services as identified by the study, the board of county commissioners may by resolution establish rates for collection services in accordance with the findings of the study in lieu of the rates or rate changes requested by a license holder in any application.

(Code 1970, § 23-52; Ord. No. 89-06, § 12, 2-21-89; Ord. No. 89-22, §§ 2, 3, 12-19-89)

Sec. 90-49. - Recycling permit.

(a)

No person shall engage in the business of recycling of solid waste materials in the county for resale for a profit without having first applied to the board of county commissioners for a recycling permit and without having been issued such a permit. Such a permit shall be issued by the county only upon an affirmative finding that the proposed recycling operations shall not impair the financial obligations of the county previously incurred with respect to the operation of the solid waste disposal and resource recovery program and the proposed recycling otherwise complies with all federal, state and county requirements. The permit so issued will authorize the applicant to engage in the recycling of identified components of the solid waste stream prior to disposal in the solid waste disposal and resource recovery system. If the board of county commissioners determines that the permit shall not be issued, it shall advise the applicant of any requirements necessary to secure the permit, including the exclusion of certain components from the solid waste to be recycled.

(b)

The application for a recycling permit shall identify the solid waste constituents or components sought to be recycled, the method of collection proposed by the permit applicant, the ultimate reuse of such recycled or reclaimed materials, the equipment required for such recycling operations and the anticipated market for such recycled goods.

(Code 1970, § 23-56; Ord. No. 89-06, § 16, 2-21-89)

Sec. 90-50. - Curbside recycling service.

(a)

Generally. Every person who holds a license issued under this division shall:

(1)

Pursuant to collection requirements of subsection 90-47(3), collect all approved recyclable materials placed at curbside in recyclable containers designated and approved by the county. If special bag-based containers are designated and used, the license holder shall provide vehicles and equipment approved pursuant to section 90-46, except that for packer truck units the compaction ratio cannot exceed two to one compaction unless otherwise approved by the county administrator or his designee.

(2)

Be responsible for inspection of the designated container placed at curbside for the purpose of identifying any nonrecyclable materials which have been placed in the container. The license holder shall place a notice provided by the county on the container if nonrecyclables are observed, and the container shall not be collected until the nonrecyclable materials are removed by the customer.

(3)

Be responsible for transport and delivery of the curbside collected recyclable materials to designated dropoff sites in the county which have been identified by the county. The license holder shall also be responsible for and take reasonable precautions to ensure that recyclable materials are handled, compacted and delivered in a manner which reduces bag breakage and glass breakage if a bag-based system is implemented by the county.

(4)

Be responsible for maintaining route and customer accounting data, records and information to provide the county with the participation rate, based upon set-outs per route as a percentage of customers served per route. This information and data shall be provided to the county on a monthly basis on forms provided by the county or upon special request as deemed necessary by the county.

(5)

Provide collection of curbside recyclable materials at any time on the collection date designated by the license holder unless a specific start time is otherwise designated and approved by the county administrator or his designee. The license holder shall maintain and staff a telephone from 8:30 a.m. to 4:30 p.m., Monday through Friday, except for legal holidays, to provide customer information and complaint resolution regarding collection and transport of the curbside recycling materials.

(6)

Be responsible for delivery to each customer's home one sample pack of bags or other type containers provided by the county for implementation of a curbside recycling program. The dates for delivery of the bags or containers, along with appropriate recycling literature also provided by the county, shall be established by the county at least 30 days prior to the designated delivery date.

(7)

Provide promotional literature and educational materials which shall be attached to the customer's bill or printed on the bills at least twice annually or as otherwise required by the county. The county shall coordinate implementation of the initial materials mailed with the customer's bill by providing sample brochures and pamphlets which shall be used as a guide by the license holder in development and printing of the educational material.

(b)

Antiscavenging.

(1)

Recyclable materials placed at curbside in containers specified by the county or otherwise placed in containers or bins owned by the county, regardless of the locations or site used for dropoff of recyclable materials, shall be deemed the property of the county. The county may, by agreement or contract, assign the right of ownership of the recyclable materials placed at curbside to another party for the collection, transport and processing of the recyclables delivered to a transfer station or material recovery facility by a licensed holder.

(2)

It shall be unlawful for anyone to scavenge or remove any containers or recyclable materials placed in containers which are set out at curbside by residents or as otherwise stored for pickup by a license holder in the county. Any person who violates this subsection shall be subject to punishment as outlined in section 1-6

(Code 1970, § 23-56.1; Ord. No. 91-16, § 3(16A, B), 12-3-91)

Secs. 90-51—90-60. - Reserved.