Sec. 258-26. - Short title.

This article shall be cited as the "Collier County Solid Waste Disposal and Resource Recovery Act."

(Laws of Fla. ch. 86-454, § 1)

Sec. 258-27. - Definitions.

Whenever used in this article, unless a different meaning clearly appears from the context:

(a)

The term "solid waste disposal and resource recovery system" shall mean all the facilities of the county or its franchisee or licensee or privately owned facilities pursuant to contract with Collier County for the collection and disposal of garbage and other waste matter, including but not limited to incinerators, composting plants, landfills, shredders or other disposal means, transfer stations and resource recovery systems constructed, acquired or contracted for pursuant to the provisions of this act [article], or which may be hereafter acquired, constructed or contracted for by the county from any source whatsoever.

(b)

The term "county" shall mean Collier County, Florida.

(c)

The term "governing body" or "board" shall mean the board of county commissioners of said county or any board or body which may hereafter be charged with the governing of said county.

(d)

The term "political subdivision" shall mean a county, city, town, village or other municipality, but shall not include special tax districts or other public bodies or agencies which do not have general government powers.

(e)

The term "franchisee" or "licensee" shall mean any person, firm, corporation, association or body, public or private, which owns or operates and maintains a solid waste disposal and resource recovery system on behalf of the county pursuant to contract.

(f)

The term "solid waste" shall mean and include discarded or discharged garbage, garden trash, industrial waste, land clearing waste, construction and demolition debris, noncombustible refuse and industrial wastes as herein defined.

(1)

Garbage shall include rubbish, refuse or other discharge of solid or semisolid materials resulting from domestic, commercial, industrial, agricultural, and governmental operations, but does not include solid or dissolved material in domestic sewage effluent or other significant pollutants in water resources such as silt, dissolved or suspended solids in industrial waste effluents, dissolved materials in irrigation return flows or other common water pollutants.

(2)

Garden trash shall mean all accumulation of leaves, grass or shrubbery cuttings, and other refuse resulting from the care of lawns, shrubbery, vines and trees.

(3)

Industrial wastes shall mean the waste products of canneries, slaughterhouses or packing plants, condemned food products, and agriculture waste products.

(4)

Construction and demolition debris shall mean 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.

(5)

Noncombustible refuse shall mean refuse materials that are unburnable at ordinary incinerator temperatures (800 degrees to 1800 degrees Fahrenheit) such as metals, mineral matter, large quantities of glass or crockery, metal furniture, auto bodies or parts, and other similar material or refuse.

(6)

Solid waste shall not include scrap, or new or used material separated at the point of generation and held for the purpose of recycling, which shall be subject to state and local public health and safety laws.

(Laws of Fla. ch. 86-454, § 2)

Sec. 258-28. - Declaration of policy.

The powers and purposes enumerated in section 258-29 constitute proper county purposes for the benefit and welfare of the inhabitants of said county; and it is hereby found and declared that in the construction, acquisition, improvement, maintenance and operation of said solid waste disposal and resource recovery system, either directly or through a franchisee or a licensee, said county will be exercising essential and proper governmental functions. It is further found and declared that the construction, acquisition, improvement and operation of said solid waste disposal and resource recovery system is for the benefit, health and welfare of the citizens of Collier County in that inefficient and improper methods of managing solid wastes 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 nuisances.

(Laws of Fla. ch. 86-454, § 3)

Sec. 258-29. - Power of the county.

In addition to powers which it may now have, Collier County shall have power under this article:

(1)

To construct, acquit, improve, maintain and operate or contract with persons, firms or corporations for the ownership, construction, operation and maintenance of a solid waste disposal and resource recovery system within the territorial boundaries of said county, and to acquire by gift, purchase or the exercise of the right of eminent domain lands or rights of lands, and any other property, real or personal, tangible or intangible, necessary, desirable or convenient, for said purposes.

(2)

To operate and maintain or to contract for the operation and maintenance of such solid waste disposal and resource recovery system for its own use and for the use and benefit of its inhabitants, persons, firms, corporations, municipalities, political subdivisions, or other public agencies or bodies located within the territorial boundaries of the county, who shall use the facilities and services of such solid waste disposal and resource recovery system, and to enter into contracts or agreements for the disposal of solid waste and other waste matter with any such persons, firms, corporations, municipalities, political subdivisions or other public agencies or bodies. The county, its agents, licensees and franchisees, are specifically permitted to allow the processing of solid waste, wood chips and tires delivered from areas outside of the territorial limits of said county; but the county, its agents, licensees and franchisees, are not permitted to accept or process hazardous waste as same is defined by federal and state law if said hazardous waste originates from outside of the territorial limits of Collier County, in the solid waste disposal and resource recovery facility.

(3)

To prohibit by ordinance the operation or maintenance of solid waste disposal and resource recovery systems or facilities by any person, firm, corporation, municipality, political subdivision, state agency, or public or private body within the territorial boundaries of Collier County, except as operated or maintained by franchise or license with the county or by permit from the county in a manner authorized by this article. However, nothing in this article shall limit the ability of the City of Naples or any other municipality, now formed or hereafter formed, to operate horticultural waste processing or disposal facilities.

(4)

To finance, in whole or in part, as authorized by the constitution of the State of Florida, the cost of the construction, acquisition or improvement of such solid waste disposal and resource recovery system, including the construction, acquisition and operation of electrical energy generating facilities, by any means and subject to such limitations as may be provided by law, including but not limited to the issuance of bonds, revenue certificates and other obligations of indebtedness.

(5)

To employ and to enter into agreements or contract with consultants, advisors, engineers, attorneys or fiscal, financial or other experts for the planning, preparation, supervision and financing of such solid waste disposal and resource recovery system or any part thereof upon such terms and conditions as the board of county commissioners shall deem desirable and proper.

(6)

To prescribe, fix and establish fees, rentals or other charges (hereinafter sometimes referred to as "revenues") for the solid waste disposal and resource recovery system, or any part thereof, either heretofore or hereafter constructed or acquired on a self-supporting, cost-recovery basis; provided, however, that such fees, rentals or other charges, or any revisions thereof, shall be fixed and established by resolution of the board of county commissioners only after notice of a public hearing shall have been published at least twice with the first publication at least 20 days prior to such public hearing in a newspaper of general circulation published in said county. In the event of private ownership of such facilities pursuant to contract with the county, fees, rentals or other charges shall be sufficient to enable the county to meet its financial obligations pursuant to any such contracts.

(7)

To enter into contracts for the sale of resources and energy recovered in the operation of the solid waste disposal and resource recovery system and to apply the revenues derived therefrom to the expenses of operating and maintaining said solid waste disposal and resource recovery system, including all debt service and other related system costs.

(8)

To grant exclusive or nonexclusive franchises or licenses to one or more persons, firms, corporations, associations or bodies, public or private, for the ownership, construction or improvement, or maintenance and operation of a solid waste disposal and resource recovery system for terms not to exceed the amortization period for the major investment or in any event, not in excess of 30 years; to grant exclusive or nonexclusive franchises, licenses or permits to persons, firms or corporations for the collection of solid waste in the unincorporated area of Collier County; to impose such conditions to said franchises, as deemed appropriate by the board, including but not limited to standards of service, rate regulation, area of service, franchise fee for privilege of operating under the franchise providing that the franchise shall have no value as to the unexpired term of the franchise in the event of condemnation; to provide in such franchise the right of acquisition by condemnation and provide such other conditions of said franchise as shall be reasonable and necessary.

(9)

To require all persons, firms, corporations, municipalities, political subdivisions or other public agencies or bodies located within the territorial boundaries of said county, lands, buildings and premises in said county to use the facilities and services of such solid waste disposal and resource recovery system in all cases deemed necessary or desirable by the board for the public health and safety of said county and the inhabitants thereof.

(10)

To require that any existing solid waste disposal and resource recovery system be restricted to disposal of specified types or amounts of solid waste when said restriction is deemed by the board to be necessary to guarantee the amount of said waste to be processed by the solid waste disposal and resource recovery system in the following instances:

a.

To meet the design capacity of the system.

b.

To meet contractual obligations of the county entered into pursuant to this article and any amendments to this article.

(11)

To require that all persons, firms, corporations or other entities utilize the services of franchisees or licensees of the county for the collection of solid waste throughout the unincorporated portions of the county and to pay all fees for said services as provided for and approved by the county; and the county shall be responsible for the disposal of all solid waste, as defined in this article, that is processable by the solid waste disposal and resource recovery system.

(Laws of Fla. ch. 86-454, § 4)

Sec. 258-30. - Rates, fees and charges.

(a)

The solid waste disposal and resource recovery system shall be operated on a self-supporting, cost-recovery basis. The governing body shall prescribe and collect a schedule of rates, fees and 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, or may authorize a franchisee or licensee to collect such rates, fees and other charges. The schedule of rates, fees or other charges prescribed shall be sufficient to produce revenues that when taken together with other revenue sources and pledged funds will be adequate to provide for all expenses of land acquisition, construction, operation, maintenance and renewal, and necessary expansion of such solid waste disposal and resource recovery system, including reasonable reserves therefor; pay when due all obligations and interest thereon for the payment of which such revenues are or shall have been pledged or encumbered, including reserves therefor; and to provide for any other funds which may be required under any resolution or resolution authorizing the issuance of bonds to accomplish the purposes of this article, or which may be required to meet the contractual obligations of the county. The county shall prescribe uniform rates, fees, and charges for the use of the solid waste and resource recovery system.

(b)

The rates, fees and charges provided for herein shall be sufficient to provide funds needed for the operation of the solid waste and resource recovery system. Any excess funds generated shall be utilized to reduce rates, fees and charges in subsequent years of operation; and such excess fees shall not be utilized by the county for any other purposes other than for the construction, expansion, operation, maintenance and other necessary expenses of the solid waste disposal and resource recovery system.

(Laws of Fla. ch. 86-454, § 5)

Sec. 258-31. - Annual audit.

The governing body, or its franchisees or licensees, shall secure an annual external audit of the solid waste disposal and resource recovery system by a qualified certified public accountant with copies of the audit report being made available to all municipal and private entities utilizing the system. To this end separate 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 Collier County.

(Laws of Fla. ch. 86-454, § 6)

Sec. 258-32. - Collection of charges.

In the event that the fees, rentals or other charges for the services and facilities of said solid waste disposal and resource recovery system shall not be paid when due, the county or its franchisees or licensees may discontinue and shut off such services and facilities and may refuse restoration of such services and facilities until such fees, rentals and other charges, together with interest, penalties and charges for the shutting off and discontinuance and the restoration of such services or facilities, are paid in full; and in addition, reasonable attorney's fees and other costs may be recovered by the county or its franchisees or licensees by suit in a court of competent jurisdiction. The county or its franchisees or licensees may also enforce payments of such delinquent fees, rentals or other charges by any other lawful method of enforcement, including the placement of a lien against the property affected, which lien may be enforced in the same manner as a lien for mortgages or in any other lawful manner.

(Laws of Fla. ch. 86-454, § 7)

Sec. 258-33. - Services rendered to the county.

Charges shall be made for any facilities or services rendered by such solid waste disposal and resource recovery system to the county, or any other political subdivision or public body or agency, or to any department or works thereof, at the rate or rates applicable to other customers or users of the facilities or services under similar conditions.

(Laws of Fla. ch. 86-454, § 8)

Sec. 258-34. - Grants, loans and contributions.

The county shall have the power to contract with any person, private or public corporation, the State of Florida, or any agency, instrumentality or county, municipality or political subdivision thereof, or 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, to stipulate and agree to such covenants, terms and conditions as the governing body of the county shall deem appropriate.

(Laws of Fla. ch. 86-454, § 9)

Sec. 258-35. - Lease of facilities.

The county shall have power to lease said solid waste disposal and resource recovery system, or any part of parts thereof, to any person, firm, corporation, association or body, public or private, upon such term and conditions and for such period of time as shall be determined by the governing body. The county shall also, whenever desirable, have power to grant permits or franchises and 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 and desirable 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 the power whenever deemed necessary or desirable to lease from any person, firm, corporation, association or body any facilities of any nature for such solid waste disposal and resource recovery system.

(Laws of Fla. ch. 86-454, § 10)

Sec. 258-36. - Establishment of transfer stations.

Where economically feasible or advantageous, the governing body may construct transfer stations in a designated district within the county for the purpose of receiving solid waste collected municipally or privately so that it may be transported from the transfer station to the disposal site more efficiently. Such district shall be on a self-supporting, cost-recovery basis in the same manner as is provided in section 258-30; and the capital and operating costs of the transfer station shall be borne by the users within that district.

(Laws of Fla. ch. 86-454, § 11)

Sec. 258-37. - Repealing laws in conflict herewith.

Any inconsistent or conflicting power granted any municipality or other body within the county in its charter or under any general or special act is hereby repealed to the extent of such conflict.

(Laws of Fla. ch. 86-454, § 12)

Sec. 258-38. - Enforcement.

The board of county commissioners of Collier County is authorized to institute legal action in a court of competent jurisdiction for injunctive or other relief to enforce the provisions of the Collier County Solid Waste Disposal and Recovery Act [this article], as same may be amended.

(Laws of Fla. ch. 86-454, § 13)

Sec. 258-39. - Prohibiting annexation by municipalities; prohibiting franchise and other fees by municipalities.

It is the intent of this article to create a countywide system for disposal of solid waste and in furtherance of this intent, no municipality shall annex any real property upon which is located any part of the Collier County solid waste disposal and resource recovery system. Provided, however, that said real property shall not be deemed to prohibit annexation of other real property due to a lack of contiguity or compactness as defined by F.S. §§ 171.031(11) and (12). Further no municipality shall impose or collect any franchise, or any similar fee, on real property upon which the Collier County 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 section when such fees and charges are based upon established rates commensurate with the cost of providing said services.

(Laws of Fla. ch. 86-454, § 14)

Sec. 258-40. - Conformance with county, state and federal standards.

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

(Laws of Fla. ch. 86-454, § 15)

Sec. 258-41. - Effect of state general laws.

The provisions of this article and the powers conferred herein shall not be taken as exclusive but shall be in addition and supplemental to all existing powers vested in the county by virtue of general laws of the state.

(Laws of Fla. ch. 86-454, § 16)

Sec. 258-42. - Antitrust exemptions.

For the purposes of providing exemption from federal and state antitrust laws, the exercise of the powers, authorized by this act [article] shall be construed as being "state action" and furthermore exempt from and not subject to any of the anticompetitive limitations of federal or state antitrust laws.

(Laws of Fla. ch. 86-454, § 17)