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South Daytona |
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Code of Ordinances |
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Chapter 7. GARBAGE AND REFUSE |
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Article IV. UNAUTHORIZED COLLECTION OF RECYCLABLE MATERIALS |
§ 7-51. Registration of exempt recovered materials dealers.
(a)
Registration required. Any person who is exempt by state law from the requirement to obtain a franchise to collect, transport, and dispose of recovered materials and who wishes to collect, transport, and dispose of such materials within the city, may register in accordance with this section.
(b)
Application for registration.
(1)
Applications for registration will be made on forms approved or provided by the city. Requested information on the application will be limited to that information required by F.S. § 403.7046.
(2)
The applicant will state whether it is a processor, a transporter, or both.
(3)
The application must be accompanied by each of the following:
a.
A copy of state certification as required by F.S. § 403.7046.
b.
Disclosure of ownership as set forth below.
c.
Proof of insurance as set forth below.
d.
A registration fee in the amount set forth in the fee schedule.
(c)
Certificate. The city will issue a certificate of registration to any applicant who qualifies. The certificate is valid for five (5) years. Any person whose certificate of registration is scheduled to expire or whose certificate has expired may apply for a new registration.
(d)
Operating requirements for registrants. Registrants will comply with the following operating requirements:
(1)
Disclosure of ownership. A registrant will annually provide two (2) copies of a notarized statement disclosing the names of its owners, general and limited partners, or corporate or registered name under which it will conduct its business as authorized by this section.
(2)
Service standards. A registrant will handle recovered materials containers with reasonable care and return them to the approximate location from which they were collected. A registrant will clean up all materials spilled during its collection operation. A registrant will use trucks that are capable of preventing spillage or accidental release of recovered material during transport.
(3)
Emergencies. A registrant will not be required to provide collection services when all appropriate recycling sites are closed or a city emergency or imminent emergency exists, as determined by the city manager. The registrant will resume collections on the instruction of the city manager.
(4)
Non-agency. A registrant will not be deemed an agent of the city and will be responsible for any losses or damages of any kind arising from its performance or nonperformance under its registration. The registrant will defend at its own expense or reimburse the city for its defense, at the city's option, of any and all claims and suits brought against the city, its elected or appointed officers, employees, and agents resulting from the registrant's performance or nonperformance of service pursuant to the registration.
(5)
Insurance. A registrant will purchase and maintain commercial motor vehicle insurance as required by F.S. Ch. 627, and workers compensation as required by F.S. Ch. 440. Failure to maintain required insurance will result in revocation of registration.
(6)
Other laws, rules, and regulations. A registrant will procure at its own expense all local, state, and federal franchises, certificates, permits, and other authorizations necessary for the conduct of its operations. A registrant and its employees, officers, and agents will comply with all relevant federal, state, and local laws and regulations, code enforcement orders, orders of regulatory bodies, and mandatory guidelines, applying to the collection or processing services being rendered.
(7)
Limited effect of registration. Registration under this exemption will not relieve the registrant from having to obtain a franchise to provide non-exempt services, such as for collection and disposal of refuse. In addition, registration does not give the registrant authorization to operate a materials recovery facility as defined by F.S. § 403.703.
(e)
Separation of residential and commercial materials. Curbside collection of designated recyclable materials from commercial generators will be allowed only with prior approval of the city manager. When considering a request to provide curbside collection, the city manager will consider each of the following factors:
(1)
Accessibility of collection vehicles to property.
(2)
Available space for placement of containers.
(3)
Predominant use of property.
(4)
Safety.
(f)
Delivery of materials. All recovered materials must be delivered to a recovered materials dealer certified by the Florida Department of Environmental Protection or subsequent responsible agency.
(g)
Pursuant to F.S. § 403.7046(3)(d), the city hereby prohibits any person or entity not certified under F.S. § 403.7046 from engaging in the business of handling, purchasing, receiving, recovering, selling or being an end user of recovered materials within the city limits.
(h)
Pursuant to F.S. § 403.7046(3)(c), the city shall have the right to temporarily or permanently revoke the authority of a material recovery dealer to do business within the city limits. If the city believes that a recovered material dealer has consistently and repeatedly violated state or local laws, ordinances, rules, and regulations, the city shall present the evidence before the special master. The recovered materials dealer shall be given at least twenty (20) days written notice of the public hearing before the special master and shall be given a reasonable opportunity at the hearing before the special master to present any evidence refuting the claim of the city. Upon the conclusion of the presentation of the evidence by the city and the material recovery dealer, the special master shall determine, based on a preponderance of the evidence, whether the material recovery dealer has consistently and repeatedly violated state or local laws, ordinances, rules, and regulations. If the special master finds the material recovery dealer in violation, the special master shall have the authority to temporarily or permanently revoke the authority of the material recovery dealer to do business within the city limits.
(Ord. No. 14-12 , § 4, 11-11-2014)