Miami-Dade County Recycling 1992 Ordinance (http://www.municode.com/resources/gateway.asp?pid=10620&sid=9)

Chapter 15 SOLID WASTE MANAGEMENT

Sec. 15-2. Solid waste collection services, container usage, condition and location.

Every commercial and multi-family residential establishment shall utilize the solid waste collection services of either the proper governmental agency able to provide such services or that of a licensed solid waste hauler authorized to perform such services by the Director of the Department. Each residential unit, multi-family residential establishment or commercial establishment located in any area where Miami-Dade County solid waste collection and disposal service is provided shall have a sufficient number of garbage cans, plastic garbage bags or portable containers to accommodate all garbage, bundled yard trash or other trash to be removed by Miami-Dade County or other approved contractors. All solid waste to be removed by Miami-Dade County shall be placed at curbside in front of property in such a manner as not to obstruct pedestrian passage, except that collections will be made from alleyways where there is clear and safe access for passage of heavy equipment. An exception to this rule is a handicapped person, per determination of the Director.

It shall be unlawful for any person to set out for collection any waste containers which do not conform to the provisions of this chapter or which contain other defects likely to hamper the collection of or injure the person collecting the contents hereof are illegal. Such containers shall be promptly replaced by the owner or user of the container upon the receipt of written notice of said defect. At no time will the Department service any such illegal containers. Portable containers declared a public nuisance or to be unserviceable with no identifying marks visible to enforcement officers shall be removed at the discretion of the Director.

It shall be unlawful for any person to place or cause, let, allow, permit or suffer the placement of any uncontainerized waste at curbside, right-of-way or street edge at any time except as otherwise provided in this chapter.

(Ord. No. 59-12, § 2.03, 6-9-59; Ord. No. 72-6, § 2, 2-1-72; Ord. No. 77-56, § 2, 7-19-77; Ord. No. 81-108, § 1, 9-15-81; Ord. No. 82-105, § 1, 11-2-82; Ord. No. 91-95, § 2, 9-16-91; Ord. No. 92-43, § 2, 5-19-92; Ord. No. 99-91, § 2, 7-27-99)

Sec. 15-2.1. Scavenging of recyclable materials prohibited; theft of recycling containers.

(a)   Intent. It is the intent of the Board of County Commissioners of Dade County, Florida to facilitate the establishment of recycling programs through protection of recyclable material stored for collection. To this end, this section is hereby created to encourage recycling activities throughout the County.

(b)   Recyclable materials placed by any person in the prescribed manner in a designated collection area is the property of the generator's authorized collection agent, or, if a local government is administering or operating its own recycling program, of said local government. No person shall be permitted to collect or pick up, or cause to be collected or picked up, any recyclable material which has been placed in the prescribed manner in a designated collection area, without first obtaining the written consent of the generator's authorized collection agent, or, if a local government is administering its own recycling program, of said local government.

(c)   No person shall be permitted to collect or pick up, or cause to be collected or picked up, any recycling container placed at any property, without first obtaining the written consent of the owner of said recycling container or the owner's agent.

(d)   Any and each collection in violation of subsections (b) or (c) above with the use of a motorized vehicle shall constitute a separate and distinct offense punishable as hereinafter provided.

(e)   This section shall apply to the incorporated and unincorporated areas, and in the unincorporated areas shall be enforced by Metropolitan Dade County, and in the incorporated areas shall be enforced by the municipalities, unless the County and municipality agree, in writing, that the County will enforce this section within the municipality. Any municipality may establish and enforce its own ordinance provided such ordinance is equivalent to or more stringent than the provisions of this section.

(Ord. No. 90-11, § 2, 2-20-90; Ord. No. 91-123, § 3, 10-15-91)

Sec. 15-2.2. Recycling programs required for multi-family residential establishments.

(a)   No later than nine (9) months from the effective date of Ordinance Number 91-123, every multi-family residential establishment shall provide for a recycling program which shall be serviced by a permitted hauler or the appropriate governmental agency and shall include, at a minimum, the five (5) materials listed in Section 15-2.2 below.

Recyclable Materials: Multi-family

(1)   Newspaper

(2)   Glass (flint, emerald, amber)

(3)   Aluminum cans

(4)   Steel cans

(5)   Plastics (PETE, NDPE-natural, HDPE colored)

(b)   The failure of a multi-family residential establishment to provide a recycling program or a modified recycling program pursuant to Section 15-2.4 hereof shall constitute a violation of this section for which the property owner(s) shall be liable, provided, however, that in the case of a condominium or cooperative apartment having a condominium association or cooperative apartment association, said association, rather than individual unit owners, shall be liable for any such violation.

(Ord. No. 91-123, § 4, 10-15-91)

Sec. 15-2.3. Recycling programs required for commercial establishments; joint and several liability.

(a)   No later than nine (9) months from the effective date of Ordinance Number 91-123, every commercial establishment shall provide for a recycling program which shall be serviced by a permitted hauler or the appropriate governmental agency and shall include a minimum of three (3) materials of its choice selected from the list provided in Section 15-2.3 below.

Recyclable Materials: Commercial Establishments

(1)   High grade office paper

(2)   Mixed paper

(3)   Corrugated cardboard

(4)   Glass (flint, emerald, amber)

(5)   Aluminum (cans, scrap)

(6)   Steel (cans, scrap)

(7)   Other metals/scrap production materials

(8)   Plastics (PETE, HDPE-natural, HDPE-colored)

(9)   Textiles

(10)   Wood

(b)   The failure of a commercial establishment to provide a recycling program or a modified recycling program pursuant to Section 15-2.4 hereof shall constitute a violation of this section for which the property owner and the owner(s) and operator(s) of the commercial establishment shall be jointly and severally liable.

(Ord. No. 91-123, § 5, 10-15-91)

Sec. 15-2.4. Modified recycling programs allowed.

(a)   Recycling programs which incorporate modifications, substitutions or reductions to the requirements of Sections 15-2.2 and 15-2.3 may be submitted to the Department for approval. Approval, rejection, or approval with conditions of the proposed modified recycling program shall be determined by the Department. The Department shall consider the following factors in evaluating the proposed modified recycling program:

(1)   Whether the establishment operates a recycling program, and is self-hauling the materials to a recyclable material vendor.

(2)   Whether the establishment generates a lesser number of recyclable materials than the required minimum.

(3)   Whether the establishment generates and recycles materials not listed in Section 15-2.2 or Section 15-2.3 hereof, as applicable.

(4)   Whether the establishment is contracting with a permitted private hauler for collection services, which services provide for a post-collection separation of recyclable material, and which:

(i)   Generate recyclable materials which comply, in kind and quantity, with the recycling requirements provided for in Section 15-2.2 or Section 15-2.3 hereof, as applicable; and

(ii)   Utilize a materials separation facility which is permitted in accordance with all applicable federal, State and local laws.

(b)   Any person seeking approval of a modified recycling program shall submit an application in such form as is prescribed by the Department. All modified recycling programs shall be reviewed on a semiannual basis and applicants shall be required to confirm or revise the information contained in their applications at that time.

An application for approval of a modified recycling program shall include, but not be limited to, the following documentation, as appropriate to the specific application:

(1)   Supporting documentation to evidence self-haul activities, which shall include proof of source-separation activities and copies of receipts from recyclable material purchasers.

(2)   A waste composition study of the waste generated by the applicant, which shall cover a representative time period of no shorter than one (1) week.

(3)   A copy of the applicable contract with a post-collection separation facility, specifying materials and volumes recycled which are attributable to the applicant.

(Ord. No. 91-123, § 6, 10-15-91)

Sec. 15-2.5. Applicability.

The provisions of Sections 15-2.2, 15-2.3 and 15-2.4 shall apply to the incorporated and unincorporated areas, and shall be enforced by Metropolitan Dade County unless the County and the city agree, in writing, that the city shall enforce this ordinance within the municipality or that the city is operating a recycling program that meets the minimum standards. Any municipality may establish and enforce its own ordinance provided such ordinance is equivalent to or more stringent than the provisions of this ordinance.

(Ord. No. 91-123, § 7, 10-15-91)

Sec. 15-2.6. Mandatory separation of recyclable materials from solid waste stream.

(a)   All occupants of every multi-family residential establishment and every residential unit are required, in accord with the collection program provided at that location, to separate, from all other solid waste collected or received by Metropolitan Dade County or any other collector, the following materials:

(1)   Newspaper;

(2)   Glass;

(3)   Aluminum cans;

(4)   Steel cans;

(5)   Plastics.

(b)   All occupants of every commercial establishment are required to separate, from all other solid waste collected or received by Metropolitan Dade County or any other collector, those three selected materials from the following list that are included in the program established at that location in compliance with Section 15-2.3:

(1)   High grade office paper;

(2)   Mixed paper;

(3)   Corrugated cardboard;

(4)   Glass;

(5)   Aluminum;

(6)   Steel;

(7)   Other metals/scrap production materials;

(8)   Plastics;

(9)   Textiles;

(10)   Wood.

(c)   Occupants of multi-family residential establishments and commercial establishments may, as an alternative to the requirements of this section, separate recyclable materials in accordance with the modified recycling program established at their place of business or residence in compliance with Section 15-2.4. Modified recycling programs shall include those providing for:

(1)   A lesser number of recyclable materials than the required minimum.

(2)   Substitution of recyclable materials not listed in Section 15-2.6.

(3)   Post-collection separation of recyclable material for commercial establishments, and for those multi-family residential establishments for which separation of recyclable material on the premises is wholly, physically impractical, provided, however, that those modified recycling programs providing for post-collection separation of recyclable material for either commercial or multi-family residential establishments shall be allowed which have been established in compliance with Section 15-2.4 pursuant to contracts in existence as of July 21, 1992.

The county manager shall, within six (6) months of the effective date of this Ordinance Number 92-78, adopt and implement regulations establishing procedures requiring commercial and multi-family residential establishments and residential units to place these materials in specialized receptacles, or to handle them in any other manner which the county manager determines shall facilitate the recycling of such materials.

(Ord. No. 92-78, § 1, 7-21-92)

Sec. 15-2.7. Enforcement.

The provisions of Ordinance Number 92-78 shall be enforced by the county manager pursuant to the final promulgated regulations of this ordinance. Such regulations shall provide that, during the initial twelve-month period of intense education efforts (which shall begin on August 10, 1992, regardless of whether final regulations have been promulgated at that time), Metropolitan Dade County shall not prosecute individuals who unknowingly fail to separate from all other solid waste the materials required to be separated by this ordinance. The regulations shall provide that during the subsequent six-month period warning tickets shall be issued to all persons who fail to separate the required materials regardless of knowledge or intent. Prior to February 10, 1994, the county manager shall propose for the approval of the board of county commissioners regulations for enforcement of this ordinance to be implemented beginning on February 10, 1994. If such regulations propose an amendment to Chapter 8CC of the Code of Metropolitan Dade County, a public hearing before the board of county commissioners shall be required prior to implementation.

The provisions of Section 15-2.6 shall apply to the incorporated and unincorporated areas, and shall be enforced by Metropolitan Dade County unless the county and the city agree, in writing; that the city shall enforce this ordinance within the municipality or that the city is operating a recycling program that meets the minimum standards. Any municipality may establish and enforce its own ordinance provided such ordinance is equivalent to or more stringent than the provisions of this ordinance.

(Ord. No. 92-78, § 2, 7-21-92)

Sec. 15-2.8. Severability.

If any provision of this ordinance is determined by a court of competent jurisdiction to be invalid or unenforceable on its face or as applied, the remaining provisions shall remain in full force and effect.

(Ord. No. 92-78, § 3, 7-21-92)

Sec. 15-2.9. Relation to state and federal law.

All provisions of this ordinance are intended to be consistent with other federal, state and local requirements. To the extent that compliance with any of the requirements is a physical impossibility while concurrently complying with other federal or state requirements, the affected person may request a hearing before the board of county commissioners to demonstrate this. The county manager shall amend these requirements to the extent that such physical impossibility is shown. However, to the extent that requirements specified herein are more stringent than federal or state requirements, the person shall comply with both such requirements.

(Ord. No. 92-78, § 4, 7-21-92)

Sec. 15-2.9.1. Effective date. This law shall take effect on August 10, 1992.  (Ord. No. 92-78, § 5, 7-21-92)

For additional information, please contact:

Luiz Rodrigues

Executive Director

ECOMB

P.O. Box 398891  •  Miami Beach, FL  33239

 [email protected]  • www.ecomb.org

T: (305) 534-3825