§ 12-1. Definitions.
When the following words and phrases are used in chapter 12 "solid waste" of the city code, they shall have the meanings ascribed to them in this section 12-1. If the definition of a term in this section 12-1 is inconsistent with the definition of the same term in F.S. § 403.703, the definition in F.S. § 403.703, shall prevail, but only to the extent necessary to resolve the conflict between the two (2) definitions.
Administrator means the city employee that is designated by the city manager to be the city's official representative in routine discussions regarding this chapter 12 or the agreement.
Agreement or franchise agreement means the city's exclusive franchise agreement, which gives one (1) person the exclusive right to collect residential waste and commercial waste in the city. The city currently has an exclusive franchise agreement (dated July 12, 2016) with Republic Services of Florida, Limited Partnership.
Applicable law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which is in effect or is enacted, adopted, promulgated, issued or enforced by a governmental body during the term of the franchise agreement, and relates in any manner to the performance of the city or contractor under the franchise agreement.
Automated collection service means the collection of garbage and rubbish in a garbage cart and the collection of source separated recyclable materials in a recycling cart, using fully automated equipment (e.g., a side-loading collection vehicle that is manned with a driver only) or semi-automated equipment (e.g., a rear-loading collection vehicle equipped with a hydraulic "tipper," a driver, and a crew of one (1) or two (2) people).
Back door service means the collection of solid waste and source separated recyclable materials from a residential curbside customer's back yard, side yard, or other location that is not curbside.
Bulky waste means a large discarded item that (a) is discarded by a customer as a result of the customer's normal housekeeping activities on their own premises and (b) cannot be placed in a garbage cart or garbage can because of its size, shape or weight. Bulky waste includes furniture, fixtures, white goods, and large pieces of carpet.
Bulky yard waste means large palm fronds, tree limbs, and other pieces of yard waste that are too big or too heavy to fit in a garbage can or garbage cart. However, bulky yard waste does not include land clearing debris.
Class I customer means each residential customer that is not a class II customer.
Class II customer means each residential customer that resides in an apartment, condominium, or other dwelling unit located in a building that complies with the following criteria:
(a)
The building contains two (2) or more stories;
(b)
The building is restricted to occupancy by adults only, pursuant to provisions contained in a deed or subdivision restriction, or declaration or by-law of the condominium, or a similar recorded document;
(c)
The building is occupied by adults only;
(d)
The total residential population of the building did not exceed an average of 1.6 individuals per dwelling unit per month during the prior twelve (12) months;
(e)
The solid waste generated in the building is disposed of through the use of chutes, located inside the building, which lead to mechanical containers located beneath the building; and
(f)
The number and size of the mechanical containers beneath the building is sufficient to ensure that collection service for the building only needs to be provided twice each week.
Notwithstanding the criteria in sections (a) through (f), above, any person that is a class II customer on July 12, 2016 shall continue to be treated as a class II customer, unless the Administrator determines otherwise. In all cases, the administrator shall have exclusive authority to determine whether a residential customer is a class II customer.
Collection means the process of picking up the solid waste and source separated recyclable materials that are set out by a customer and then transporting and delivering the solid waste and source separated recyclable materials to a designated facility.
Collection component means the portion of the city's rates that includes the cost of paying the city's contractor for its collection services under the franchise agreement. The collection component of the rates includes, but is not limited to, the city's administrative, operating, and capital costs associated with making such programs available within the city, and the costs of providing the collection and management services for recyclable materials and solid waste.
Collection containers mean garbage cans, garbage carts, recycling containers, and mechanical containers.
Collection service means the availability or provision of one (1) or more of the services provided by the contractor for the collection of solid waste and source separated recyclable materials pursuant to the franchise agreement. Collection service includes residential collection service, commercial collection service, special collection service, and collection service provided to the city's facilities.
Commercial collection service means: (a) the collection of commercial waste from a commercial customer; (b) the collection of source separated recyclable materials from a commercial customer, when such service is requested by the commercial customer; and (c) the collection of construction and demolition waste.
Commercial customer means a person that owns or occupies commercial property and receives or should receive commercial collection service from the contractor pursuant to the franchise agreement.
Commercial property means all real property that is located in the service area and not classified as residential property. Commercial property includes property used primarily for: (a) commercial purposes, such as hotels, motels, stores, restaurants, business offices, service stations, and recreational vehicle parks; (b) institutional purposes, such as governmental offices, churches, hospitals, and schools; and (c) not-for-profit organizations. Commercial property includes commercially zoned property that is used primarily for residential purposes. Vacant land, not classified as improved real property, shall be deemed commercial property.
Commercial waste means garbage, rubbish, and bulky waste generated on commercial property. Commercial waste does not include yard waste.
Compactor means a stationary or mobile mechanism that compresses solid waste in a mechanical container and achieves a minimum compaction ratio of two and one-half (2.5) to one (1).
Construction and demolition waste shall have the meaning set forth in F.S. § 403.703, for construction and demolition debris, except that Construction and demolition waste does not include land clearing debris. In general, construction and demolition waste means discarded materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, resulting from the construction, destruction, or renovation of a structure.
Contractor means a person that has a franchise agreement with the city. The contractor currently is Republic Services of Florida, Limited Partnership. CPI (collection) means the consumer price index for all urban consumers: water and sewer and trash collection services, U.S. city average, not seasonally adjusted (base period: December 1997=100) Series ID CUUR0000SEHG, as published by the U.S. Department of Labor, Bureau of Labor Statistics, or a successor agency.
CPI (disposal) means the consumer price index for all urban consumers: all items, U.S. city average, not seasonally adjusted (base period 1982-84=100) Series ID CUUR0000SA0, as published by the U.S. Department of Labor, Bureau of Labor Statistics, or a successor agency.
Curbside means a location adjacent to a road or right-of-way that abuts a customer's property and provides access for the contractor's collection vehicles. If there is no public access to the customer's property, curbside means a location that is adjacent to a roadway where the contractor may lawfully gain access and provide collection service to the customer. In all cases, the curbside location must be within three (3) feet of the curb or the edge of the road.
Customer means a person that uses one (1) or more of the contractor's collection services under the franchise agreement. A customer is a commercial customer or a residential customer.
Designated facility means a facility designated by the city for the recycling or disposal of the solid waste and other materials collected pursuant to the franchise agreement.
Disaster debris means debris that is produced or generated by a natural or human event that is declared a disaster by the federal government or the city. Disaster debris includes yard waste, construction and demolition waste, and bulky waste that is generated by such disaster.
Disposal component means the portion of the city's rates that includes the cost of paying the tipping fees and other charges at the facilities used for the disposal of the city's solid waste. The disposal component includes, but is not limited to, the city's administrative, operating, and capital costs associated with making such programs available within the city, and the costs of providing the disposal and management services for solid waste.
Dwelling unit means any type of structure or building, or a portion thereof, intended for or capable of being used for residential living. A dwelling unit includes a room or rooms constituting a separate, independent living area with a kitchen or cooking facilities, a separate entrance, and bathroom facilities, which are physically separated from other dwelling units, whether located in the same structure or in separate structures. However, a room in a licensed hotel or motel is not a dwelling unit.
Exempt waste means materials that are exempt from the contractor's exclusive franchise under the agreement.
Franchise fee means the fee paid for: (a) the contractor's exclusive right to provide collection services in the city; (b) the contractor's use of the city's rights-of-way in conducting its business; (c) consideration for the city's agreement to not compete in the provision of collection services; (d) reimbursement to the city for the city services that aid in the contractor's provision of collection services, including but not limited to wear and tear on city facilities and spill clean-ups; (e) reasonable compensation to the city in its proprietary capacity for oversight of the provision of collection services and the implementation of the franchise agreement; (f) a reasonable return to the city on its utility operations; and (g) the other rights and benefits provided to the contractor under the franchise agreement.
Garbage means all kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials.
Garbage can means any commonly available metal or heavy-duty plastic container for solid waste that has enclosed sides and bottom, a tight fitting lid or top, handles on the sides, and a capacity of approximately thirty-five (35) gallons or less.
Garbage cart means a garbage container that is made with heavy-duty hard plastic or other impervious material, with an enclosed bottom and sides, mounted on two (2) wheels, equipped with a tight-fitting hinged lid, having a capacity of approximately one hundred (100) gallons or less, and used for the automated or semi-automated collection of garbage and rubbish.
Hazardous material means solid waste, or a combination of solid wastes, 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 present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Hazardous material includes any material or substance identified as a hazardous waste or hazardous substance in the Florida Administrative Code, Florida Statutes, or other applicable law.
Holiday means a day when the contractor does not need to provide collection service to residential customers. The only holiday is Christmas Day (December 25), unless the city manager and the contractor mutually agree to designate additional days as holidays.
Improved property means any cleared, graded, or drained property in the city upon which a building or structure is erected and occupied or capable of being occupied (i.e., a certificate of occupancy has been issued) for residential, commercial, institutional or industrial use. Improved property includes recreational vehicle park lots contained within areas designated as mobile home parks by the health department.
Land clearing debris means the trees, tree trunks, limbs, stumps, bushes, vegetation, rocks, soil, and other materials resulting from a land clearing or lot clearing operation.
Load means the solid waste and other cargo that is transported in one (1) of the contractor's vehicles.
Manager means the city manager of the City of Sunrise or the Manager's designee(s).
Material recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
Mechanical container means a dumpster, roll-off container, compactor, or other large container that is placed on and removed from a person's premises with mechanical equipment, and used for the collection of solid waste or source separated recyclable materials. However, garbage carts and recycling carts are not mechanical containers.
Monthly waste generation factor means the amount of solid waste that is generated by a typical residential customer and set out for collection in an average month.
Multi-family dwelling means a building with multiple dwelling units that are located under one (1) roof. Multi-family dwellings include apartments, condominiums and mixed-use buildings that contain multiple dwelling units.
Non-conforming material means any material that is set out for collection in a recycling container, but is not a recyclable material.
Non-franchise collection container means any collection container that is not owned, placed, leased, or serviced by the contractor.
Person means any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government.
Plastic bag means a heavy-duty plastic or biodegradable bag, with a capacity of approximately forty (40) gallons or less, that is designed to be used for the collection of solid waste.
Premises mean improved property.
Processing means any technique designed to change the physical, chemical, or biological character or composition of any Solid Waste so as to render it safe for transport; amenable to recovery, storage, or Recycling; safe for disposal; or reduced in volume or concentration.
Rates mean the fees and charges approved by the city for the contractor's collection services and the other solid waste management services provided by the city.
Recovered materials mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled and have been diverted and source separated or have been removed from the solid waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. A recovered material does not include any material or substance that does not fit within one (1) of the six (6) categories described in this definition (metal, paper, glass, plastic, textile, or rubber). Among other things, construction and demolition waste is not a recovered material.
Recyclable materials mean those materials that are capable of being recycled and would otherwise be processed or disposed of as solid waste.
Recycling means any process by which materials that would otherwise have been solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
Recycling bin means a rectangular bin, approximately eighteen (18) gallons in capacity, that is made of heavy-duty hard plastic or other impervious material, and used for the storage and collection of source separated recyclable materials.
Recycling cart means a container that is made of heavy-duty hard plastic or other impervious material, with enclosed sides and a bottom, mounted on two (2) wheels, equipped with a tight-fitting hinged lid, having a capacity of approximately one hundred (100) gallons or less, and used for the automated or semi-automated collection of source separated recyclable materials.
Recycling container means any container approved by the administrator for the collection of recyclable materials, including recycling bins and recycling carts.
Residential collection service means the collection of residential waste from class I customers and class II customers.
Residential curbside customer means a class I customer that receives collection service at curbside. A residential curbside customer may reside in: (a) a single family dwelling unit; (b) a duplex, triplex, quadruplex, or mobile home; or (c) a multi-family dwelling that cannot or should not receive collection service with a mechanical container, as determined by the administrator.
Residential customer means a person that (a) occupies residential property in the service area or (b) owns or manages multiple dwelling units that are located on one parcel of residential property, which receives utility services from the city pursuant to a master billing account. Residential customers are class I customers or class II customers.
Residential mechanical container customer means a class I or class II customer that receives collection service with a mechanical container.
Residential property means each parcel of improved property in the service area that is used for residential purposes, including single family residences; duplex, triplex, and quadruplex apartments; apartment buildings; recreational vehicle lots contained within mobile home parks; mobile homes; condominium units; cooperatives established pursuant to F.S. Chapter 719; time-share apartments; and leased residential Premises of the classes described above, whether occupied or not. Property used exclusively as a recreational vehicle park, as defined in F.S. § 513.01(10), shall be deemed commercial property.
Residential waste means garbage, rubbish, source separated recyclable materials, yard waste, and bulky waste generated by a residential customer upon the customer's residential property. Roll-off container means a large metal container (i.e., typically with a capacity of ten (10), twenty (20), thirty (30) or forty (40) cubic yards) used for the collection of solid waste or source separated recyclable material, which is rolled-off of a motor vehicle when the container is placed at a site and then rolled onto the vehicle when the container is ready to be transported to another location.
Rubbish means waste materials (other than garbage, yard waste, and bulky waste) resulting from normal housekeeping activities on residential property and commercial property. Rubbish includes discarded trash, rags, sweepings, packaging, recyclable materials that are not source separated, and similar materials.
Scheduled collection day means an operating day when the contractor is scheduled to collect a customer's source separated recyclable materials or one (1) of the components of the customer's solid waste.
Service area means the incorporated area of the city. The service area also includes four (4) homes in unincorporated Broward County, unless the administrator determines that one (1) or more of these homes should be removed from the service area.
Set out means the preparation and placement of solid waste and source separated recyclable materials for collection at the customer's premises, in compliance with the requirements in the franchise agreement and chapter 12 of the city code.
Sludge means the accumulated solids, residues and precipitates generated as a result of waste treatment or processing including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar disposal appurtenances or any other waste having similar characteristics.
Solid waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid waste includes bulky waste, commercial waste, construction and demolition waste, disaster debris, garbage, hazardous material, land clearing debris, radioactive waste, recyclable materials, residential waste, rubbish, tires, white goods, and yard waste.
Source separated recyclable materials mean recyclable materials that are separated from the solid waste at the location where they are generated (e.g., residential property) and then set out for collection at that location.
Special collection services mean the collection of discarded material in response to a customer's request, at times other than the customer's scheduled collection day for such material, or in quantities that are greater than the amounts authorized herein or in the franchise agreement for collection on the customer's scheduled collection day. Special collection service also includes any service requested by a customer that is in addition to or different than the normal collection service provided to similar customers.
Tipping fee means a fee that must be paid for the disposal of a solid waste or other material.
Tires mean discarded automotive, motor vehicle, and trailer tires, including rims, but excluding tires that have an inside diameter of twenty-five (25) inches or greater.
White goods mean large discarded appliances (e.g., refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, microwave ovens, and air conditioners) that are generated by a customer on the customer's improved property where the white goods are collected.
Yard waste means vegetative matter resulting from yard and landscaping maintenance, including but not limited to shrub and tree trimmings, grass clippings, palm fronds, branches, and bulky yard waste. Yard waste does not include land clearing debris.
(Ord. No. 51-06-A, § 1, 3-14-06; Ord. No. 51-07-A, § 1, 9-11-07; Ord. No. 51-12-A, § 2, 10-9-12; Ord. No. 51-16-A, §§ 2, 3, 11-22-16; Ord. No. 15-18-A, § 2, 2-27-18)