Chapter 380 - SOLID WASTE MANAGEMENT

Sec. 376.112. - Assessment and recovery of civil penalty. Chapter 382 - WASTE COLLECTION AND DISPOSAL SERVICE BY CONTRACTORS AND CITY Chapter 380 - SOLID WASTE MANAGEMENT[1]

Footnotes: --- (1) ---

Cross reference— Waste collection and disposal service by contractors and City, Ch. 382; waste flow control, Ch. 386.

State Law reference— Resource recovery and management, F.S. § 403.702 et seq.; local governments not to adopt definitions inconsistent with F.S. § 403.703, F.S. § 403.7031; solid waste management fees, F.S. § 403.7049; local government solid waste responsibilities, F.S. § 403.706.

State rule reference—Solid waste, F.A.C. Ch. 62-701 et seq.

PART 1. - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

Sec. 380.101. - Purpose, intent and findings.

(a)

Purpose and intent. The City finds that the indiscriminate and uncontrolled use of property for disposal or management of solid waste in the City is contrary to the interest of the public health and recognized public health and environmental quality standards. The City further finds that in order to provide an efficient and comprehensive solid waste management system for Duval County it is essential that all facilities functioning within that system be subject to the regulation and control of the City. It is the purpose of this Part to preserve the public health and environmental quality of the City while meeting the duty of the City mandated by law by requiring a certificate of public convenience and necessity for the use of property as a solid waste disposal or management facility; by imposing regulations upon its use; and by providing for enforcement and correction of violations. It is the intent of the City that henceforth there shall be no unregulated solid waste disposal or management facilities within Duval County.

(b)

Findings. The City of Jacksonville has been delegated the responsibility and power to provide for the operation of an integrated solid waste disposal system to meet the needs of all incorporated and unincorporated areas of the County. One of the first steps necessary in carrying out that responsibility is the creation of an inventory of solid waste disposal or management facilities capable of helping the City meet its responsibility. A certificate of public convenience and necessity pursuant to this Chapter shall indicate resource availability to the City's Manager of the Office of Administrative Services who is responsible for designation under Chapter 386, Ordinance Code.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 90-296-169, § 1; Ord. 2008-513-E, § 1; Ord. 2025-30-E, § 15)

Note— Former § 618.101.

Sec. 380.102. - Definitions.

As used in this Part:

Biohazardous waste means any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to non-liquid human tissue and body parts; laboratory and veterinary waste which contain human disease-causing agents; used disposal sharps; human blood, and human blood products and body fluids; and other materials which, in the opinion of the Department of Health, represent a significant risk of infection to persons outside the generating facility.

Biomedical waste means any solid or liquid waste which may present a threat of infection to humans, including nonliquid tissue, body part, blood, blood products and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease-causing agents; and discarded sharps. The following are also included:

(a)

Used absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood; and absorbent materials saturated with blood or blood products that have dried.

(b)

Non-absorbent, disposable devices that have been contaminated with blood, body fluids, or secretions or excretions visibly contaminated with blood, but have not been treated by a method listed in Section 381.0098, Florida Statutes, or a method approved pursuant to Chapter 64E-16, F.A.C.

Biomedical waste treatment facility means a facility that is authorized to receive biomedical waste for treatment.

Category I special waste means wastes that are light, difficult to handle, subject to airborne dust and as such create potentially unsafe or unhealthy conditions for employees and which require pre-acceptance preparation and special handling procedures during disposal (i.e., asbestos, fly ash, powdery chemicals, etc.).

Category II special waste means wastes requiring special acceptance procedures and monitoring pursuant to the City's special waste management policies, but which required no special site preparation for disposal on the landfill working area.

Category III special wastes means wastes that are prohibited by law or regulation from landfill disposal (i.e., whole tires, white goods, lead acid batteries), but which nevertheless are deposited at the landfill working area and are removed from the working area for on-site storage and further handling.

Category IV special wastes means wastes that are prohibited by law from landfill disposal (i.e., whole tires, white goods, lead acid batteries and used motor oil) which are deposited by the transporter at the on-site storage area and held for further handling.

Certificate means a certificate of public convenience and necessity issued under this Part.

Class I waste means solid waste that is not hazardous waste, and that is not prohibited from disposal in a lined landfill under Rule 62-701.300, F.A.C.

Class III waste means yard trash, construction and demolition debris, processed tires, asbestos, carpet, cardboard, paper, glass, plastic, furniture other than appliances, or other materials approved by the Florida Department of Environmental Protection, that are not expected to produce leachate that poses a threat to public health or the environment.

Clean debris means any solid waste which is virtually inert and which is not a pollution threat to groundwater or surface waters and is not a fire hazard and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes uncontaminated concrete, including embedded pipe or steel, brick, glass, ceramics and other wastes designated by the Florida Department of Environmental Protection.

Clean debris recycling facility means a facility that is authorized to receive and recycle clean debris.

Clean wood means wood, including lumber, tree and shrub trunks, branches, and limbs, which is free of paint, glue, varnish, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate and other wood preservatives or treatments.

Closure means the cessation of operation of a solid waste management facility and the act of securing such a facility so that it will pose no significant threat to human health or the environment.

Conditionally exempt business sources means businesses which meet the definition and conditions found in 40 CFR 261.5 which pertains to special requirements for hazardous waste generated by conditionally exempt small quantity generators.

Construction and demolition debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(9)(j), F.S., unpainted, non-treated wood scraps from sources other than construction or demolition projects; scrap from manufacturing facilities that is the type of material generally used in construction projects and that would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project, including debris from the construction of manufactured homes and scrap shingles, wallboard, siding, concrete, and similar materials from industrial or commercial facilities and de minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris.

Construction and demolition debris recycling facility means a facility that is authorized to receive and recycle construction and demolition debris.

Director means the Manager of the Office of Administrative Services.

Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or upon any land or water so that such solid waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including ground waters, or otherwise enter the environment.

Flammable liquids means liquids which readily burn and will pass through a one-quarter inch screen without mechanical assistance. Flammable liquids may not contain pesticides, PCB's or other substances which would render them unsuitable for use as fuel in industrial boilers and furnaces.

Formal Written Payable Citation means a monetary fine levied for a violation that is documented in writing on a standard form by an individual authorized to issue such on behalf of a government entity.

Fuel blendable materials means liquids or sludges which do not qualify for disposal as flammable liquids but can be made to qualify by mixing them with sufficient quantities of flammable liquids.

Generation means the act or process of producing solid or hazardous waste.

Hazardous waste 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. The term shall be inclusive of hazardous waste as described in Chapter 62-730, F.A.C. The term does not include human remains that are disposed of by persons licensed under F.S. Ch. 497.

Host Fee has the meaning as described in City Ordinance Section 380, Part 4.

Incinerator means a combustion apparatus designed for the ignition and burning of solid, semi-solid, liquid or gaseous combustible wastes.

Incinerator facility means a facility authorized to accept solid waste for the purpose of incineration.

Inspected wastes means wastes that the manager of a disposal facility deems necessary to inspect on a per load basis so as to protect the environment or for the safety of landfill workers and customers.

Land clearing debris means rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project. Land clearing debris does not include vegetative matter from lawn maintenance, commercial or residential landscape maintenance, right-of-way or easement maintenance, farming or agricultural/silvicultural operations, nursery operations, or any other sources not related directly to a construction project.

Landfill means a solid waste disposal facility, which is an area of land or an excavation where wastes are or have been placed for disposal, for which a permit, other than a general permit, is required by F.S. § 403.707. This term shall not include:

(a)

A land spreading site;

(b)

A surface impoundment;

(c)

An injection well defined under and subject to the provisions of Chapter 62-528, Florida Administrative Code; or

(d)

A construction and demolition debris disposal site regulated by Rule 62-701.730, Florida Administrative Code.

Leachate means liquid that has passed through or emerged from solid waste and may contain soluble, suspended or miscible materials.

Materials recovery means any process by which one or more of the various components in solid waste is separated and concentrated for reuse.

Off specification waste means wastes that require a manifest and that are received for deposit either without a manifest or not as specified on the accompanying manifest.

Operation with respect to any solid waste management facility, means the disposal, storage or processing of solid waste at and by any facility.

Other category solid waste management facility means, for purposes of this Section, a facility that is not a solid waste disposal facility, landfill, incinerator facility, biomedical waste treatment facility, regulated garbage treatment facility, yard trash recycling facility, clean debris recycling facility, construction and demolition debris recycling facility or transfer station.

Person has the meaning given to it in Section 1.102(11), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.

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.

Putrescible waste means solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds. The term does not include uncontaminated yard trash or clean wood.

Recovered materials means 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.

Recovered screen material means the fines fraction, consisting of soil and other small materials, derived from the processing or recycling of construction and demolition debris which passes through a final screen size no greater than ¾ of an inch.

Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

Regulated garbage means that certain garbage regulated pursuant to 9 C.F.R. § 94.5.

Regulated garbage treatment facility means a facility that is authorized to receive regulated garbage for treatment.

Resource recovery means the process of recovering materials or energy from solid waste, excluding those materials or solid waste under control of the Nuclear Regulatory Commission.

Sanitary nuisance shall have the meaning given it in the Health Code, Section 460.106(a), Ordinance Code, as may be amended or renumbered from time to time.

Sludge means a solid waste pollution control residual which is generated by any industrial or domestic wastewater treatment plant, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilet or related operation, or any other such waste having similar characteristics. Sludge may be a solid, liquid, or semi-solid waste but does not include the treated effluent from a wastewater treatment plant.

Sludge disposal or utilization site means any land site in the General Services District which is intended to be used for the disposal or utilization of sludge from a septic system or similar waste disposal device, including residue from a grease trap, and from any sanitary sewer treatment facility permitted by the Florida Department of Environmental Protection.

Solid waste includes garbage, refuse, yard trash, clean debris, white goods, special waste, ashes, sludge 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 disposal facility means any solid waste management facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste.

Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed or disposed of in any other way, according to an orderly, purposeful and planned program which includes closure.

Solid waste management facility means any solid waste disposal area, volume reduction plant, transfer station, or other facility, the purpose of which is resource recovery or the disposal, recycling, processing or storage of solid waste. The term does not include facilities which use or ship recovered materials unless such facilities are managing solid waste.

Special wastes means solid waste that can require special handling and management, including but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, biological wastes, and mercury-containing devices and lamps.

Transfer station means a facility the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. Operations at such facilities may include separation of incidental amounts of recyclable materials or unauthorized waste.

Treatment means any process, including but not limited to steam, chemicals, microwave shredding, or incineration, which changes the character or composition of waste to render it noninfectious by disinfection or sterilization.

Unauthorized waste means any type of waste that is not allowed to be accepted or managed at a solid waste management facility in accordance with rule or statutory requirements or permit conditions.

White goods includes inoperative and discarded refrigerators, ranges, washers, water heaters, freezers and other similar domestic and commercial large appliances.

Yard trash means vegetative matter resulting from landscaping maintenance or land clearing operations and includes materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and tree stumps and associated rocks and soils.

Yard trash recycling facility means a facility authorized to receive and recycle yard trash.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 71-492-196, § 1; Ord. 78-1089-546, § 1; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 90-296-169, § 2; Ord. 91-919-367, § 1; Ord. 93-1442-1138, § 1; Ord. 94-144-121, § 8; Ord. 94-187-84, § 1; Ord. 2017-431-E, § 1; Ord. 2019-111-E, § 1; Ord. 2025-30-E, § 15)

Note— Former § 618.102.

Sec. 380.103. - Certificate required for solid waste disposal or management facility.

(a)

No person shall use property or permit property under his control or ownership to be used as a solid waste disposal or management facility without a certificate issued under this Chapter.

(b)

Notwithstanding subsection (a) of this Section, sludge disposal or utilization sites shall not require a certificate under this Chapter but shall continue to meet the requirements of Chapter 474, Ordinance Code.

(c)

Notwithstanding subsection (a) of this Section, the processing of land clearing debris in compliance with, Part 8, Chapter 360, the rules of the Florida Department of Environmental Protection and the Environmental Protection Board shall not require a certificate unless required by Section 380.120, but such processing shall be required to meet all applicable federal, State and local laws, rules and ordinances.

(d)

Notwithstanding subsection (a) of this Section, use or storage of clean debris which has been source separated from other waste as fill or raw material shall not require a certificate under this Chapter.

(e)

Notwithstanding subsection (a) of this Section, the storage and processing of waste tires shall not require a certificate under this Chapter but shall continue to meet the requirements of Chapter 260, Ordinance Code.

(f)

Notwithstanding subsection (a) of this Section, those uses which are exempt in Section 380.114 of this Part shall not require a certificate under this Chapter.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 90-296-169, § 3; Ord. 93-1442-1138, § 2; Ord. 97-539-E, § 7; Ord. 2017-431-E, § 1)

Note— Former § 618.103.

Sec. 380.104. - Initial application for certificate; fee; proof of financial ability.

For each site for which a certificate is sought, a separate application for a certificate shall be filed in quadruplicate with the Director. The application shall be on a form designated by the Director and at a minimum shall contain the following:

(a)

A description, plat, ownership and present zoning of the land involved.

(b)

An engineering plan prepared by a professional engineer registered in the State of Florida, as required by the Director, which shall contain:

(1)

Operation plan: An operation plan shall provide written instructions for the daily operation of the facility. The plan shall be revised when operational procedures change and such revisions shall be filed with the Director 30 days before taking effect. The plan shall include detailed procedures where applicable:

(i)

Identification of persons responsible for operation and maintenance of the facility, including ownership of facility and corporate structure;

(ii)

Contingency operations, alternate waste handling and disposal methods in case of emergency such as a natural disaster or equipment failure;

(iii)

Methods for controlling the type of waste received at the site. The plan shall specify inspection procedures, number and location of spotters, if applicable, and procedures to be followed if prohibited wastes are discovered;

(iv)

Weighing incoming waste;

(v)

Vehicle traffic control and unloading;

(vi)

Method and sequence of filling waste;

(vii)

Waste compaction and application of cover;

(viii)

Operations of gas, leachate, and storm water controls; and

(ix)

Groundwater monitoring.

(2)

The availability of and equipment for use of a water supply.

(3)

The type and capacity of equipment to be used.

(4)

Plans for fire, nuisance, water pollution, odor and vermin control.

(5)

A diagram and written description of the location and extent of dikes, earthwork and fill operations.

(6)

Hydrogeological survey.

(c)

If the facility is a landfill, the class of landfill to be operated as defined by F.A.C. Chapter 62-701 as may be amended or renumbered from time to time.

(d)

A demonstration of public need for the facility.

(e)

Such other information as the Director may reasonably require of the applicant.

(f)

An application processing fee of $1,200 for applicants other than governmental bodies shall accompany each application.

(g)

Proof of financial ability to perform under the terms and conditions of the proposed certificate.

(h)

Proof of current business registration and certificate of use for proposed facility operation.

(i)

No application shall be accepted by the Director until the proposed site has acquired the zoning designations listed in Section 380.107(c).

(j)

The applicant shall include in each application an identification of the type of facility being proposed (solid waste disposal facility, landfill, clean debris recycling facility, construction and demolition debris recycling facility, transfer station, incinerator facility, biomedical waste treatment facility, regulated garbage treatment facility, yard trash recycling facility, or other category solid waste management facility).

(Ord. 70-650-526; Ord. 71-397-181; Ord. 71-492-196, §§ 2, 3; Ord. 75-705-393, § 1; Ord. 85-838-439, § 1; Ord. 90-296-169, § 4; Ord. 95-280-281, § 1; Ord. 2017-431-E, § 1; Ord. 2019-111-E, § 1)

Note— Former § 618.104.

Sec. 380.105. - Director, Chief of the Solid Waste Division, Chief of the Environmental Quality Division, Director of Planning and Development and the Florida Department of Health in Duval County recommendations.

For initial applications as described in Section 380.104:

(a)

The Director shall forward a copy of an accepted application to the Director of Planning and Development, the Chief of the Environmental Quality Division, the Florida Department of Health in Duval County and to the Chief of the Solid Waste Division. The Director, the Chief of Solid Waste, the Chief of Environmental Quality, the Florida Department of Health in Duval County and the Director of Planning and Development shall review the certificate application within 30 days of receipt and may, within such 30 days, through the Director, request submittal of additional information needed for the Directors/Chiefs to make an evaluation of the proposed facility. The Directors/Chiefs shall each submit a written report and recommendation of approval or denial of a certificate to the Council within 30 days after receipt of a completed application. An application shall be deemed complete upon receipt of all information requested by the Directors/Chiefs during the initial 30-day period following application. The Directors'/Chiefs' report may include recommended conditions.

(b)

The Chief of Solid Waste shall review the application and the site and shall consider in his/her report and recommendation:

(1)

Whether the proposed method of operation will comply with the requirements of this Part and with the Florida Statutes and Florida Administrative Code.

(2)

Whether any hazard or menace to the public health would be created by the proposed use of the land involved or by the proposed method of operation.

(3)

Whether the wastes to be disposed or managed are generated within Duval County.

(4)

The rate at which the wastes to be disposed or managed are being generated in Duval County and the projected generation rate over the next five years.

(5)

The reasonably available means to reduce or eliminate the wastes requiring disposal or management.

(6)

Such other considerations he/she deems relevant.

(c)

The Director of Planning and Development shall review the application and the site and shall consider in his/her report and recommendation:

(1)

Compliance with the Zoning Code.

(2)

The impact of the proposed facility on surrounding and nearby land uses including those impacts caused by the anticipated traffic patterns associated therewith.

(3)

The consistency of the proposed facility with any duly adopted comprehensive plan and all land use regulations related thereto.

(4)

Whether the entity submitting an application is currently a registered business in the City and has a current Certificate of Use for the proposed facility operations.

(5)

Such other considerations as he/she deems relevant.

(d)

The Manager of the Office of Administrative Services shall review the application and the site and shall consider in his/her report and recommendation:

(1)

The quantity of solid waste in the City requiring management or disposal.

(2)

The capacity of existing facilities and the capacity and of the proposed operation.

(3)

The availability of alternate methods of management or disposal.

(4)

Potential sites best suited to serve the City.

(5)

The availability of regional facilities that are operating, or are projected within five years to be constructed and operating, that do or will accept the type and quantity of waste to be disposed or managed by the proposed facility.

(6)

Whether the waste to be disposed or managed is generated within Duval County.

(7)

The rate at which the wastes to be disposed or managed are being generated in Duval County, and the projected generation rate over the next five years.

(8)

Such other considerations as he/she deems relevant.

(e)

The Chief of the Environmental Quality Division shall review the application and the site and shall consider in his/her report and recommendation:

(1)

Compliance with air permitting regulations.

(2)

Completeness of the facility's Jacksonville Emergency Management Plan.

(3)

Compliance with sediment and erosion regulations.

(4)

Appropriateness of dust control measures.

(5)

Compliance with storage tank regulations.

(6)

Whether the site is likely to generate nuisance noise pollution.

(7)

Whether the site will create a pollutant threat to human health or the environment.

(8)

Such other considerations as he/she deems relevant.

(f)

The Department of Health in Duval County shall be requested to review the application and shall consider in their report and recommendation:

(1)

Compliance with septic system regulations.

(2)

Compliance with water supply and use regulations.

(3)

Such other considerations as deemed relevant.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 78-1089-546, § 2; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 88-1065-548, § 8; Ord. 90-296-169, § 5; Ord. 95-280-281, § 2; Ord. 2008-513-E, § 1; Ord. 2017-431-E, § 1; Ord. 2025-30-E, § 15)

Note— Former § 618.105.

Sec. 380.106. - Council procedure.

For initial applications as described in Section 380.104, City Council approval shall be required prior to a solid waste management facility beginning operation. The following procedures shall apply:

After receipt of reports and recommendations, but no more than 90 days after the application is complete, the Council Secretary shall notify the Council President. The Council President shall immediately introduce a resolution to grant the applicant a certificate. The introduction shall be styled "Introduced by the Council President pursuant to Chapter 380." The Council Secretary shall schedule a public hearing before the City Council committee to which matters regarding public utilities are referred in accordance with the following:

(a)

The Council Secretary shall provide at least 20 days' notice of the hearing to be given by mail to the applicant and to holders of outstanding certificates under this Part. The Solid Waste Division shall be responsible for providing a list of the names and addresses of all outstanding certificate holders to the Council Secretary.

(b)

The Council Secretary shall provide notice of the time and place of the public hearing which shall be given by mail to all owners of real property within 300 feet of the boundaries of the facility. The applicant shall be responsible for providing the names and addresses of such owners to the Council Secretary. For purpose of notice requirements to adjoining owners, the names and addresses of these owners shall be deemed to be those on the current tax records of the Property Appraiser. The failure of an applicant, holders of outstanding certificates or owners of real property, required by this Section to be notified by mail, to receive the notice shall not invalidate or otherwise have any effect on a public hearing or action by the Council.

(c)

Notice of the public hearing held pursuant to this Section shall be published once in a newspaper of general circulation not less than 14 days in advance of the date of the hearing. The published notice shall be in a form prescribed by the Council Secretary and shall be published by the applicant at his expense. The applicant shall file proof of publication with the Council Secretary prior to the public hearing.

(d)

The applicant shall post a sign on the property upon which the application is made in such form as required by the Council Secretary not less than 14 days prior to the date of the public hearing. The sign shall be posted in full view of the public on a street side of the land involved and shall be continuously maintained by the applicant until the public hearing before the Council.

(e)

Once begun pursuant to the notice set forth herein, the public hearing may be continued, as necessary, as announced by the chair prior to the close of the public hearing.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 90-296-169, § 6; Ord. 92-1877-1408, § 1; Ord. 2008-513-E, § 1; Ord. 2017-431-E, § 1; Ord. 2025-30-E, § 15)

Note— Former § 618.106.

Sec. 380.107. - Issuance of certificate.

(a)

The Council may issue the certificate with or without conditions if it finds, based upon the criteria considered by the Director, the Chief of Solid Waste, the Chief of the Environmental Quality Division, the Director of Planning and Development and the Florida Department of Health in Duval County that the facility, if designated under Chapter 386, would serve the public convenience and provide a needed service to the citizens of Duval County. The Council shall not issue a certificate for any hazardous waste treatment, storage and/or transfer facility unless it finds that a significant amount of hazardous wastes generated in Duval County are not disposed or managed properly and that certification of the proposed facility will significantly improve the management of hazardous waste in Duval County. Any certificate for a hazardous waste treatment storage and/or transfer facility shall contain the condition that the facility may process only hazardous waste of the kind generated in Duval County. The issuance of a certificate under this Part shall make the facility eligible for designation by the Director as a facility to receive solid waste generated or brought into Duval County as provided in Chapter 386. A certificate of public convenience and necessity does not guarantee designation under Chapter 386. Unless otherwise stated, a certificate shall be for a term of no more than five years. The enacted resolution shall serve as the certificate, and the resolution number shall serve as the certificate number.

(b)

Nothing in this Chapter or Chapter 386 shall prohibit the Solid Waste Division from issuing a request for proposal for a solid waste disposal or management facility within Duval County and thereafter presenting the recommended proposal, application for certificate of public convenience and necessity, Director's designation, and recommended service agreement simultaneously for review and action by the Jacksonville City Council.

(c)

No certificate shall be issued until the proposed site as acquired all appropriate zoning designations including, but not limited to, necessary zoning classification, necessary land use designation, necessary variances and necessary exceptions. All certificates shall be conditional on the facility meeting all Comprehensive Plan requirements including concurrency.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 78-1089-546, § 3; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 90-296-169, § 7; Ord. 92-1877-1408, § 2; Ord. 95-280-281, § 3; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2017-431-E, § 1; Ord. 2025-30-E, § 15)

Note— Former § 618.107.

Sec. 380.108. - Operation of solid waste disposal or management facility.

The following regulations apply to the operation of a solid waste disposal or management facility:

(a)

Compliance with conditions of the Certificate of Public Convenience and Necessity, and F.A.C. Ch. 62-701, as may be amended or renumbered from time to time unless specified otherwise in this Part.

(b)

The facility area shall be supervised during the hours of operation. The area shall be kept neat and sanitary and public access shall be controlled at all times. The Director may require that the facility area be supervised at times other than during the hours of operation if necessary to prevent unlawful fires, unauthorized dumping or littering of nearby property.

(c)

The burning of material deposited in a facility is prohibited.

(d)

No fill shall be deposited in a stream bed or other area where a stream would be obstructed or where erosion by the stream would remove cover material from a landfill/facility. Seepage, drainage or escape of any material or gas from a facility which is an odor, nuisance or health hazard or which pollutes a stream is prohibited.

(e)

No solid waste except clean debris shall be deposited at or below the water table level.

(f)

No hazardous waste shall be deposited in landfills.

(g)

Sludge, other than sludge cake and grease trap residue, will not be accepted at landfills unless authorized in the certificate.

(h)

Rodents shall be exterminated and insects shall be controlled on the facility site. Pesticides used to control rodents, flies and other insects shall be as specified by the Florida Department of Agriculture and Consumer Affairs.

(i)

There shall be displayed at the entrance of each solid waste disposal or management facility site a prominent sign stating the certificate holder's name, address and telephone number and the phrase: Operated Under City of Jacksonville Certificate No., _____ (identifying the facility's current certificate number as defined in Section 380.107).

(j)

Any leachate emanating from a landfill shall be collected and treated as necessary to meet the applicable standards of the Florida Administrative Code, as it may from time to time be amended.

(k)

Facilities shall be operated to provide for the collection, control and treatment of surface water runoff from the site as necessary to meet applicable standards of the Florida Administrative Code as it may from time to time be amended.

(l)

The certificate of public convenience and necessity is required to be kept at the work site of the activity during the entire effective period of the certificate.

(m)

The certificate holder must provide the City of Jacksonville personnel, upon reasonable notice and upon presentation of appropriate credentials, access to the facility premises, at reasonable times, for the following purposes:

(1)

Inspection and copying any records that must be kept under the certificate of public convenience and necessity.

(2)

Inspection of the facility, equipment, practices or operations regulated or required under the conditions of the certificate of public convenience and necessity; and sampling or monitoring any substances or parameters at any location reasonably necessary to assure compliance with the certificate of public convenience and necessity.

(3)

The City shall have the right to be present whenever and shall be notified before ground or surface water samples or measurements are taken for required regulatory analysis and to receive promptly, upon request, a split sample and a copy of the analytical report.

(n)

All facilities subject to a certificate of public convenience and necessity shall comply with all City ordinances, rules and regulations related to odor.

(o)

Biohazardous waste shall be properly incinerated or processed by an alternate method approved by the Florida Department of Environmental Protection. No untreated biohazardous waste shall be deposited in any landfill.

(p)

For a solid waste management facility identified as a construction and demolition debris recycling facility, clean debris recycling facility, or yard trash recycling facility, as specifically indicated on their initial, renewal or CON modification application and/or was previously approved by Council as such a facility based on their facility description provided in their application, a minimum recycling percentage shall be required on a semi-annual basis for these facilities. The minimum recycling requirement shall apply to all new, renewal and modification applications received after June 1, 2019, and the minimum recycling requirements shall be as follows for each of the subsequent years after: EXPAND Construction and Demolition Debris Recycling Facilities 2019 80% Minimum Recycling 2020 82% Minimum Recycling 2021 84% Minimum Recycling 2022 85% Minimum Recycling 2023 and subsequent years 51% Minimum Recycling Yard Trash/ Clean Debris Recycling Facilities 2019 90% Minimum Recycling 2020 92% Minimum Recycling 2021 94% Minimum Recycling 2022 95% Minimum Recycling 2023 97% Minimum Recycling 2024 and subsequent years 98% Minimum Recycling

(q)

Transfer stations operating in Duval County which accept waste that is required to be disposed of in a Class I facility shall only accept waste of those types that has been generated in Duval County. Waste that has been generated inside or outside of Duval County that is not required to be disposed of in a Class I facility is not restricted from delivery to a transfer station facility located in Duval County if: (1) the waste is not commingled with waste that is required to be disposed of in a Class I facility, and (2) the transfer station facility is properly permitted to receive the types of waste not required to be disposed of in a Class I facility. Waste generated outside of Duval County and received at a transfer station facility located in Duval County which has not been commingled with waste required to be disposed of in a Class I facility shall not be directed to a Class I disposal facility owned by the City. Notwithstanding the above, any solid waste collected by municipally-contracted haulers as part of municipal collection services within Duval County shall not be restricted from bringing wastes to a transfer station or be limited to where this material is ultimately directed for disposal or recycling so long as the municipal wastes are not commingled with non-municipal wastes not required to be disposed of in a Class I facility. Municipally-contracted haulers for purposes herein are defined as the haulers contracted by the Town of Baldwin, the City of Atlantic Beach, the City of Jacksonville Beach, the City of Neptune Beach and the City of Jacksonville for municipal collection services.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 71-492-196, § 4; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 87-1547-831, § 1; Ord. 90-296-169, § 8; Ord. 2008-513-E, § 1; Ord. 2017-431-E, § 1; Ord. 2019-111-E, § 1; Ord. 2023-277-E, § 1; Ord. 2024-845-E, § 1)

Note— Former § 618.108.

Sec. 380.109. - Correction of violations.

(a)

The Manager of the Office of Administrative Services shall have the remedies provided in the Health Code, Section 460.106, Ordinance Code, to correct or cause to be corrected a violation of this Part that constitutes a sanitary nuisance.

(b)

The Director may issue an order to correct any violation of this Part or any violation of the conditions of the certificate within a reasonable period of time as provided by the Director. If the order is not obeyed the Director may suspend the certificate, seek judicial penalties, and/or request injunctive relief.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 88-1065-548, § 9; Ord. 90-296-169, § 9; Ord. 97-229-E, § 21; Ord. 2008-513-E, § 1; Ord. 2017-431-E, § 1; Ord. 2025-30-E, § 15)

Note— Former § 618.110.

Sec. 380.110. - Suspension, revocation, termination of certificate, and notification of transfer of certificate.

(a)

The Director may, by Order, suspend the operation of any solid waste disposal or management facility, and suspend the Certificate applicable thereto, for violation of any of the requirements of this Part or for violation of any condition of the certificate.

(b)

The Council may, after notice and a public hearing, revoke a certificate issued under this Part for repeated or continual violations of this Part's requirements or the conditions of the certificate. Revocation of a certificate under this Part shall automatically result in the termination of any service agreement pursuant to Chapter 386.

(c)

Operation of the facility following the revocation or suspension of the certificate shall be a violation of this Part.

(d)

In the event that the holder appeals the issues related to a suspension or revocation to a Court of law and the City prevails, the City of Jacksonville shall be entitled to reasonable attorneys' fees and costs.

(e)

Notification of transfer of certificate: In the event the certificate is transferred the certificate holder must notify the Director 90 days prior to the transfer in writing regarding the transfer. The new owner must disclose ownership and corporate structure and must submit proof of financial responsibility for operation, closure and post-closure monitoring of the facility where applicable. Transfer does not relieve any previous owner of liability for any violation during the term of operation by the prior owner.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 73-117-596, § 1; Ord. 73-1532-801, § 1; Ord. 75-1080-523, § 1; Ord. 78-959-472, § 1; Ord. 82-833-425, § 1; Ord. 83-591-400, § 1; Ord. 84-1399-743, § 1; Ord. 85-838-439, § 1; Ord. 90-296-169, § 10; Ord. 2017-431-E, § 1)

Note— Former § 618.111.

Note— See Ord. 84-1399-743, § 2, for special conditions.

Sec. 380.111. - Administrative Modification of Specific Conditions.

(a)

Modifications made to select categories of Specific Conditions of a Certificate approved by Council may be modified administratively by the Director at the time of renewal or at any time during the five year term of the certificate. The Director is authorized to promulgate the rules necessary to implement an Administrative Modification. The applicant must provide the request for an administrative modification in writing. The applicant shall provide the current language and the proposed language in their request for modification. The following categories of Specific Conditions may, at the discretion of the Director, be modified administratively:

(1)

Entrance Sign Requirement and specified language on sign;

(2)

Facility personnel training requirements;

(3)

Waste control/unacceptable waste procedures;

(4)

Storage time of wastes on site/processed materials on site;

(5)

Hours of operation;

(6)

Litter Control requirement at the facility entrance(s) and exit(s).

(b)

The requested modifications of the Specific Conditions may not be contrary to any local, State, or federal regulation applicable to the facility. This includes but is not limited to FDEP permit criteria, zoning set-backs, land use designation and conditions listed in any applicable zoning exception.

(c)

Within ten days of receipt of a requested administrative modification, the Director shall provide the written modification request to the District Council Member to allow for the Council Member's review and comment. The Council Member should provide any comments or questions regarding the modification in writing to the Director within 21 days of receipt.

(d)

Within 45 days of receipt of a written request for an Administrative Modification, the Director shall make a determination whether to accept or deny the requested modification.

(Ord. 2017-431-E, § 1)

Sec. 380.112. - Renewal of a certificate.

(a)

An application for renewal of the certificate of public convenience and necessity must be submitted six months prior to the expiration of the certificate. A facility may continue to operate beyond its five-year certificate period if a timely submittal of a renewal application was made and the applicant has been responsive to requests for additional information for the application. The renewal application shall be completed on a form as designated by the Director. The applicant shall not be required to resubmit information that has not changed since the issuance of the previous certificate/application for the facility but affirmation of the static conditions shall be stated in writing. The Director shall recommend conditions for the renewal certificate and such requirements shall be designed to provide assurances that the continued operation of the facility will pose no significant threat to the public health or the environment.

(b)

The renewal of all certificates issued under this Part not proposing or requiring changes to the Specific Conditions of the facility require Director approval only and are discretionary. There shall be no appeal from any decision of the Director concerning the renewal of a certificate. In lieu of any appeal, an applicant may request a renewal of a certificate by following the procedures described in Sections 380.104 through 380.106.

(c)

Renewal certificates for facilities that are proposing changes to the Specific Conditions of the facility, except those Specific Conditions listed in Section 380.111 which can be administratively modified, require Council approval, must follow the procedures listed in Section 380.104 through 380.106 of this Part, and are discretionary.

(d)

Renewal certificates for all facilities which have received more than two formal payable written citations during their prior certificate term require Council approval, must follow the procedures listed in Section 380.104 through 380.106 of this Part, and are discretionary.

(e)

An application processing fee of $900 for applicants other than governmental bodies shall accompany each renewal application.

(f)

Prior to renewal application approval, an applicant must have corrected any and all violations to this Part and must have paid any and all fees, taxes and liens due to the City.

(Ord. 2017-431-E, § 1)

Sec. 380.113. - Violations and penalties.

It is unlawful for any person to violate any provision of this Part or an order of the Director entered pursuant to this Part.

(a)

A person who knowingly, willfully or with culpable negligence violates any provision of this Part or an order of the Director entered pursuant to this Part shall be guilty of a class E offense. Provided, however, that in lieu of a prison sentence, a court of competent jurisdiction, in its discretion, may impose up to 100 hours of public community service.

(b)

In addition to any other penalty, a person who violates any provision of this Part shall be liable for civil penalties of up to $2,000 per offense. Each day during any portion of which such violation occurs shall constitute a separate offense. Such civil penalty shall be collected in a civil action brought in the name of the City.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 88-1065-548, § 10; Ord. 89-1168-679, § 1; Ord. 90-296-169, § 11; Ord. 2017-431-E, § 1)

Editor's note— Ord. 2017-431-E renumbered former § 380.111 as a new § 380.113.

Sec. 380.114. - Exemptions.

This Part shall not apply to:

(a)

The disposal of garbage by a swine farmer for the feeding of his own swine.

(b)

Sludge disposal or utilization sites governed by Chapter 474.

(c)

Sites utilizing source separated clean debris for fill material.

(d)

Operations recycling source separated electronic waste conducted in accordance with all other local, State and federal regulations.

(e)

The collection and processing of source separated asphalt and similar materials when such materials are beneficially used or reused as part of a road construction or maintenance project.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 2017-431-E, § 1)

Editor's note— Ord. 2017-431-E renumbered former § 380.112 as a new § 380.114.

Sec. 380.115. - Uses for completed sanitary landfill and dump sites.

Completed sanitary landfill and dump sites may be used only for recreational or agricultural purposes unless other usage is approved by the Director in writing. The construction of buildings, sewer, gas or water supply mains, parking lots or paved areas on or through completed portions of sites filled with solid waste is prohibited unless approved by the Director. To make identification of these sites in the General Services District more certain, all owners of property containing an active or completed sanitary landfill or completed dump shall report the use of the property to the Property Appraiser. The Property Appraiser shall note same by real estate parcel number as used by his office.

(Ord. 80-578-260, § 1; Ord. 83-591-400, § 1; Ord. 85-838-439, § 1; Ord. 88-1065-548, § 11; Ord. 2017-431-E, § 1)

Editor's note— Ord. 2017-431-E renumbered former § 380.113 as a new § 380.115.

Sec. 380.116. - Citations and fine schedule.

The judges of the County Court may, in their discretion, establish a schedule of fines to be assessed in cases of violations of this Part. Upon the filing of this schedule with the Clerk of the County Court, the Clerk is authorized to collect fines in accordance with the provisions of the schedule from persons charged in citations with any of the offenses included therein. Persons accused of offenses covered by this fine schedule may, within ten days, appear at the office of the Clerk of the County Court and pay the fines so provided after entering their pleas of guilty to the offense charged and after waiving in writing the right of trial. Where a person served by citation under the provisions of this Section elects not to pay the fine, the Clerk shall issue a summons requiring the person to appear in County Court.

(Ord. 85-838-439, § 1; Ord. 89-1168-679, § 2; Ord. 2017-431-E, § 1)

Editor's note— Ord. 2017-431-E renumbered former § 380.114 as a new § 380.116.

Sec. 380.117. - Financial responsibility.

Failure to demonstrate financial responsibility for closure under Chapter 62-701, FAC shall constitute grounds for suspension and revocation of the certificate.

(Ord. 90-296-169, § 12; Ord. 2017-431-E, § 1)

Editor's note— Ord. 2017-431-E renumbered former § 380.115 as a new § 380.117.

Sec. 380.118. - Reserved.

Sec. 380.119. - Temporary certificate; reducing the size of construction and demolition debris (size-reducing).

(a)

A temporary certificate of public convenience and necessity may be granted by the Director for reducing the size of construction and demolition debris (size-reducing) generated at a waterfront property, at an intermediary site, as defined and limited in this Section.

(b)

As used is this Section:

(1)

Intermediary site shall mean land located within Duval County (other than land with a solid waste management facility and other than the generating waterfront property), which is used for size-reducing construction and demolition debris, as limited in this Section.

(2)

Generating waterfront property shall mean land adjacent to waters of the State of Florida, as defined in F.S. § 403.031(13), where construction and demolition debris is generated, but has conditions such that debris can not be size-reduced on site, as limited in this Section.

(c)

Applicants for the temporary certificate of public convenience and necessity authorized by this Section must show that:

(1)

The conditions of the generating waterfront property prevent on-site size-reducing of construction and demolition debris, including, but not limited to, land size, land orientation, or the location of the construction work or demolition work on the generating waterfront property.

(2)

The proposed intermediary site complies with all applicable local, state and federal rules and regulations for size-reducing construction and demolition debris, including local land use and zoning regulations.

(3)

The proposed size-reducing of construction and demolition debris at the intermediary site is limited to the minimum size-reducing necessary to prepare the debris for transport to a solid waste management facility authorized to receive such debris by all applicable local, State or federal rules and regulations.

(d)

The following additional conditions apply to temporary certificates of public convenience and necessity issued pursuant to this Section:

(1)

The intermediary site shall only be used for size-reducing construction and demolition debris from the generating waterfront property identified in the application.

(2)

The temporary certificate of public convenience and necessity is subject to the time limitations in Section 380.122.

(e)

No person who has knowingly or willfully transported, size-reduced, or otherwise processed construction or demolition debris in violation of this Section shall be granted a temporary certificate of public convenience and necessity pursuant to this Section within one year of the date of violation.

(f)

No person shall transport construction and demolition debris to, or size-reduce or otherwise process construction and demolition debris on, an intermediary site prior to receiving a temporary certificate of public convenience and necessity pursuant to this Section.

(Ord. 2020-83-E, § 1)

Sec. 380.120. - Temporary certificate; processing of land clearing debris.

(a)

A temporary certificate of public convenience and necessity may be granted by the Director for the processing of land clearing debris; provided that the certificate holder must meet all applicable local, State and federal rules and regulation and that the land clearing debris must be generated within Duval County.

(b)

Any person who processes any land clearing debris which has been generated on property other than the property on which the debris is processed must obtain a temporary certificate and, if the debris is burned, must use an air curtain incinerator.

(c)

No person who has knowingly or willfully processed land clearing debris in violation of this Section shall be granted a temporary certificate within one year of the date of the violation.

(d)

A person who has knowingly or willfully transported land clearing debris from one location to another where it was processed in violation of this Section shall be prohibited from transporting land clearing debris for one year unless land clearing debris is transferred to a site which has a valid permanent certificate pursuant to this Chapter and a designation pursuant to Chapter 386.

(e)

No person shall process any land clearing debris generated from another site unless, prior to the delivery of the material to the site, the person has filed a completed application for a temporary certificate and has agreed to comply with all provisions of this Chapter.

(Ord. 93-1442-1138, § 3)

Sec. 380.121. - Application for temporary certificate; fee.

Applications for a temporary certificate shall be filed with the Director, containing:

(a)

A description of the location, and ownership of the land involved, and the type of waste to be processed.

(b)

An operation plan which shall provide written instructions for the daily operation of the facility. The plan shall be revised when operational procedures change and such revisions shall be filed with the Director 30 days before taking effect. The plan shall include detailed procedures where applicable:

(1)

Identification of persons responsible for operation and maintenance of the facility, including ownership of the equipment and corporate structure;

(2)

Methods for controlling the type of waste received at the site. The plan shall specify inspection procedures, number and location of spotters, if applicable, and procedures to be followed if prohibited wastes are discovered;

(3)

Vehicle routing;

(4)

The type and capacity of equipment to be used; and

(5)

Plans for fire and nuisance control.

(c)

Such other information as the Director may reasonably require including but not limited to the business address of the applicant.

(d)

A nonrefundable application processing fee of $200 for applicants other than governmental bodies shall accompany the application.

(Ord. 93-1442-1138, § 4; Ord. 2017-431-E, § 1; Ord. 2020-83-E, § 1)

Sec. 380.122. - Review; recommendations; issuance.

(a)

The Director shall forward a copy of the application for a temporary certificate to the Director of the Planning and Development Department, the Chief of the Environmental Quality Division, the Chief of the Solid Waste Division and, for certificates for open burning, to the Chief of the Fire Prevention Division. The Director, the Chief of the Environmental Quality Division, the Chief of the Solid Waste Division, the Director of the Planning and Development Department and, if appropriate, the Chief of the Fire Prevention Division shall review the certificate application within ten working days of receipt and may, within such ten days, through the Director, request submittal of additional information needed for the evaluation of the proposed facility. Each person to whom the application is forwarded shall submit a written or oral report and recommendation of approval or denial of a temporary certificate to the Director within ten working days after receipt of a completed application. The reports may include recommended conditions.

(b)

The Director may issue the temporary certificate with or without conditions if he finds, based upon the criteria considered that the facility could serve the public convenience and provide a needed service to the citizens of Duval County. Unless otherwise stated, a temporary certificate shall be for a term of no more than 90 days, which term may be extended one time for up to an additional 90 days. An additional extension of 90 days may be granted by the Director upon receipt of a valid contract for the proposed work, and a construction or demolition schedule; provided, however, that no temporary certificate may be granted for longer than the term of the valid contract provided by the applicant. No temporary certificate shall be granted more than once within any 12-month period for any parcel of land. No renewal shall be granted for any person who violates any provision of this Chapter.

(c)

The temporary certificate is subject to revocation under Section 380.110.

(d)

The temporary certificate may be revoked if the Director determines that the application contains any material false information but only after first informing the applicant and giving the applicant an opportunity to respond.

(e)

The Director shall have the authority to order immediate cessation of any activity allowable in Sections 380.119 through 380.124 in the event any activity becomes a nuisance. Any person affected by the Director's order shall have a right to an immediate hearing before the Director on the existence of the purported nuisance.

(Ord. 93-1442-1138, § 5; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2017-431-E, § 1; Ord. 2020-83-E, § 1)

Sec. 380.123. - Appeal.

There shall be no appeal from any decision of the Director concerning the grant, denial or renewal of any temporary certificate. In lieu of any appeal, an applicant may request a certificate pursuant to this Chapter.

(Ord. 93-1442-1138, § 6; Ord. 2017-431-E, § 1)

Sec. 380.124. - Compliance with other laws.

The holder of a temporary certificate shall be required to comply with all applicable environmental and safety laws, including for open burning the requirement to obtain a permit from the Director of Neighborhoods to engage in open burning. Daily permission to burn must be obtained from the Director of Neighborhoods pursuant to Chapter 360.

(Ord. 93-1442-1138, § 7; Ord. 97-539-E, § 7; Ord. 2008-513-E, § 1; Ord. 2011-732-E)

PART 2. - GARBAGE COLLECTION REGULATIONS

Sec. 380.201. - Definitions.

As used in this Part, unless the context otherwise requires:

(a)

Department means the Solid Waste and Resource Management Department.

(b)

Downtown Area means and shall include the following area: Beginning at the intersection of the southerly right-of-way line of State Street with the easterly right-of-way line of Interstate 95; thence run southerly along the easterly right-of-way line of Interstate 95 to the southerly right-of-way of Bay Street; thence easterly along the southerly right-of-way line of Bay Street to the westerly right-of-way line of Lee Street; thence southerly along the westerly right-of-way of Lee Street to the southerly right-of-way of Water Street; thence easterly along the southerly right-of-way line of Water Street to the westerly right-of-way line of Coastline Drive; thence southeasterly and easterly along the westerly and southerly right-of-way line of Coastline Drive to the easterly right-of-way line of Washington Street; thence northerly along the easterly right-of-way line of Washington Street to the southerly right-of-way line of Bay Street; thence easterly along the southerly right-of-way line of Bay Street to the easterly right-of-way line of Catherine Street; thence northerly along the easterly right-of-way of Catherine Street and the northerly projection of Catherine Street thereof to the northerly right-of-way line of the Matthews Bridge Expressway; thence westerly along the northerly right-of-way line of the Matthews Bridge Expressway to its connection with the northerly right-of-way line of State Street; thence westerly along the northerly right-of-way line of State Street to the point of beginning.

(c)

Garbage means an accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, birds, fruits or vegetables or any other putrescible matter, including animal feces, and also including cans, containers or wrappers along with these materials.

(d)

Garbage collection service means the City or another person performing the service of collection of solid waste, to which this Part applies.

(e)

Garbage receptacle includes one of the following types of containers:

(1)

A container of not more than 32 gallons nor less than 12-quart capacity which is:

(i)

Free from jagged and sharp edges,

(ii)

Free from inside structures, such as inside bands or reinforcing angles, which would prevent free discharge of the contents,

(iii)

Watertight and of impervious material, and

(iv)

Provided with a tightfitting cover to protect the contents from flies, insects, rats and other animals.

(2)

A wet-strength Kraft paper bag of not more than four cubic feet capacity having such characteristics, markings and method of securing as are prescribed by regulation of the Department.

(3)

A plastic bag having an inside circumference of at least 40 inches and not more than 60½ inches and an inside length of at least 22 inches and not more than 37½ inches, and having such characteristics, markings and method of securing as are prescribed by regulation of the Health Division.

(f)

Reserved.

(g)

Industrial waste means waste and debris from brick, concrete block, roofing shingle and tile plants, lumberyards and construction or demolition of buildings, debris and waste accumulation from land clearing, excavating, building, rebuilding and altering of buildings, structures, roads, streets, alleys, driveways, sidewalks or parkways, wooden crating, pallets and waste materials which, because of their volume and nature, do not lend themselves to collection with ordinary garbage and trash and originating from warehouses, abattoirs and manufacturing plants.

(h)

Noncombustible refuse means metals, mineral matter, large quantities of glass or crockery, metal furniture, auto bodies and parts, washing machines, refrigerators and other similar material used to housekeeping or to the operation of stores and offices.

(i)

Pathological waste means tissues, organs, body excretions or solid organic waste from hospitals, laboratories, clinics or similar sources.

(j)

Refuse means a combination of or mixture of rubbish and garbage.

(k)

Rubbish means an accumulation of paper, excelsior, rags, wooden and paper boxes or containers, sweepings and other accumulations of materials, other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, and also any bottles, cans or containers.

(l)

Yard trash means an accumulation of leaves, grass cuttings, shrubbery cuttings or other refuse attending the care of lawns, shrubbery, vines and tree trimmings.

(m)

Reserved.

(n)

White goods mean and include inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.

(o)

Loose trash means refuse that is not placed in a garbage receptacle.

(p)

Person has the meaning given to it in Section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.

(Ord. 69-986-718, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 71-557-278, § 1; Ord. 72-400-292, § 3; Ord. 77-1180-601, § 1; Ord. 83-591-400, § 1; Ord. 89-1168-679, § 3; Ord. 94-144-121, § 9)

Note— Former § 616.101.

Sec. 380.202. - Subscription to service within the First Urban Services District and residential service by the Division in defined areas outside the First Urban Services District.

(a)

The occupant, unless the owner subscribes as set forth in this Section, or the owner, if the owner and occupant are the same, of every residential premises, multibusiness building, and multifamily residential premises as defined in Section 382.102, and office, institutional, commercial or industrial building in the City within the First Urban Services District where garbage, rubbish, refuse, noncombustible refuse or industrial waste is generated shall subscribe to a privately-operated garbage and rubbish collection system unless service is provided by the Division, unless the owner or occupant has received from the Department permission to dispose of his own garbage or rubbish in a sanitary manner approved by the Department. The fact that a residential unit, office, institutional, commercial or industrial establishment is occupied shall be prima facie evidence that garbage, refuse, rubbish, noncombustible refuse or industrial waste is being generated upon the premises.

(b)

The Department will collect from all residential premises, and multifamily residential premises and multibusiness buildings, as defined in Section 382.102, and office, institutional, commercial or industrial establishments which have met the requirements of Section 380.202(d) within the Downtown Area as follows:

(1)

Solid waste properly containerized in accord with Section 380.203 and placed at curbside for manual (as opposed to mechanical) collection will be collected six nights each week; provided, that the waste for an establishment does not exceed an average of six cubic yards each week.

(2)

A nonresidential premises that generates more than an average of six cubic yards each week will not be eligible for service by the Department and will be required to subscribe to service by a private garbage company.

(c)

The Department will collect from all residential premises and multifamily residential premises as defined in Section 382.102, and office, institutional, commercial or industrial establishments which have met the requirements of Section 380.202(d) outside the Downtown Area but within the First Urban Services District as follows:

(1)

Solid waste properly containerized in accord with Section 380.203 and placed at curbside for manual (as opposed to mechanical) collection will be collected twice a week; provided, that:

(i)

The volume of waste does not exceed an average of one cubic yard each week for commercial, office, institutional or industrial establishments.

(2)

Commercial, office, institutional or industrial establishments generating more than an average of one cubic yard each week, and multifamily residential premises of more than ten units must subscribe to a private garbage service.

(d)

Upon request, the City shall provide residential waste collection services to multifamily residential premises greater than four but not exceeding 15 dwelling units (however, service to residential premises containing 11 to 15 dwelling units must be conditioned upon the fact that such service cannot be provided due to space limitations which make it impractical or impossible to site a large volume garbage container) including apartment buildings, the majority of the units of which have separate kitchen facilities, including a sink, stove and refrigerator, and mobile home parks, and to office, institutional, commercial or industrial establishments and to multibusiness buildings having more than one but not exceeding ten business units, generating not more than one cubic yard of waste each week per residential unit, or equivalent, under the following procedures:

(1)

The applicant for service shall apply to the Department for collection service. The Director of Solid Waste and Resource Management shall determine whether the applicant meets the criteria for service to office, institutional, commercial, industrial or multifamily residential customers set forth.

(2)

Upon determination by the Director of Solid Waste and Resource Management that the applicant is entitled to residential waste collection service, the applicant for service shall pay to the Tax Collector the annual waste collection service charge as provided in Section 382.501(c) for each unit, except the applicants in the Downtown Area shall pay twice the amount determined in Section 382.501(c) for each unit. An applicant for residential waste collection service to office, institutional, commercial or industrial establishments and to multibusiness buildings (except those in the Downtown Area) whose facility generates more than ten "garbage receptacles" per week shall be required (either at the time of application for service or upon notice by the division that such service is necessary due to waste quantities which exceed the ten "garbage receptacle" limit) to subscribe for a "garbage receptacle" exceedance to allow up to ten additional "garbage receptacles" per collection day at an additional annual fee as found in www.coj.net/fees, per unit, which fee shall be payable in advance.

(3)

The Tax Collector shall issue to the applicant a receipt therefor and send two copies of the receipt to the Director of Solid Waste and Resource Management, who shall thereupon provide collection service.

(4)

Upon written request from the Director of Solid Waste and Resource Management, or his designee, any owner and/or occupant of facilities described in Section 380.202(d) which are located in the Core City (excluding the Downtown Area) shall provide proof of solid waste collection service of at least once weekly from an entity legally authorized to provide such service. Failure to provide such proof within 30 days of the receipt of such written request from the Director of Solid Waste and Resource Management, or his designee, shall be a violation as set forth in Section 380.213.

(e)

All multifamily residential and commercial establishments that do not currently receive yard trash service as defined in Section 380.202(b) or (c) will be eligible for service by the Department if all criteria as set forth in Section 382.402(e) is met.

(f)

Residential premises (as defined in Section 382.102) and multifamily apartment buildings (as defined in Chapter 380), except those located in the Downtown Area, may obtain an optional second day of garbage weekly collection services upon advance payment of an annual fee as found in www.coj.net/fees.

(g)

The Department shall provide residential waste collection services to residential premises (not to include multifamily residential premises) in any area outside the First Urban Services District if such area is not within a service area set forth in Code Section 382.301.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 70-953-442, § 1; Ord. 72-440-292, § 4; Ord. 77-1180-601, § 2; Ord. 83-591-400, § 1; Ord. 86-974-495, § 1; Ord. 89-1168-679, § 4; Ord. 91-989-385, § 1; Ord. 92-130-99, § 1; Ord. 94-711-743, § 1; Ord. 95-246-105, § 10; Ord. 2010-53-E, § 1; Ord. 2017-665-E, § 22)

Note— Former § 616.102.

Sec. 380.203. - Garbage and trash container requirements and specifications—Disposal of white goods.

(a)

Subject only to the following exceptions, garbage, rubbish and refuse shall be collected and stored in garbage receptacles:

(1)

Garbage, rubbish and refuse may be stored or collected in a container designed for mechanical pickup if the container and its location have been approved by the Department. Food, waste and putrescible matter placed in an approved container shall be enclosed in a waterproof bag which is securely closed.

(2)

Garbage, rubbish and refuse may be stored or collected in a special vermin-proof room or closed food-waste refrigerator which has been approved by the Department.

(3)

All garbage, rubbish, and refuse set out for collection within the Downtown Area will be placed inside a City of Jacksonville supplied garbage and rubbish can.

(b)

A container used for the collection or storage of garbage, rubbish or refuse which fails to qualify as a garbage receptacle shall be clearly marked by the garbage collection service, which marking shall specify in what manner the container fails to meet the requirements. A container so tagged shall be removed from service. Upon failure of the person furnishing the container to remove it from service after written notice, the garbage collection service shall remove the container from service and destroy it.

(c)

White goods shall not be disposed of in landfills. White goods shall be placed at the curbside or another location as designated by the Department. All white goods shall be separately collected by the Department or designated service contractor. This provision for purposes of collection only applies to residential units being served by the Department or designated service contractor. Commercial and industrial businesses shall separate and manage white goods so they are not received at a landfill.

(Ord. 69-986-718, § 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 89-1168-679, § 5; Ord. 2013-714-E, § 1)

Note— Former § 616.103.

Sec. 380.204. - Number of receptacles for accumulation of rubbish.

Stores, restaurants, hotels, boarding or apartment houses, warehouses, institutions, manufacturing and processing plants, duplexes, households and other places in the City shall provide a sufficient number of containers, rooms or refrigerators to hold the accumulation of garbage, rubbish or refuse generated on the property.

(Ord. 69-986-718, § 5; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 616.104.

Sec. 380.205. - Cleaning of rooms and refrigerators used for storage of garbage.

Each room and refrigerator used for the collection or storage of garbage, refuse or rubbish shall be cleaned after removal of the garbage, refuse and rubbish. Waste water from cleaning shall be disposed of in the same manner as required for disposition of sewerage.

(Ord. 69-876-718, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 616.105.

Sec. 380.206. - Yard trash.

Yard trash, except tree trimmings, shall be placed and contained in a garbage receptacle or a disposal box. The garbage collection service shall not be required to collect yard trash not so contained and shall not be required to collect any tree trimming exceeding five feet in length or six inches in diameter. The garbage collection service shall not be required to collect tree trunks, stumps, limbs and trimming generated by tree surgeons and/or any commercial entity engaged in tree trimming/removal. Any and all such tree trunks, stumps, limbs and trimming generated by tree surgeons and/or any commercial entity engaged in tree trimming/removal shall be collected, removed and properly disposed of in accordance with this Chapter. Loose trash collection shall not exceed five cubic yards per week. The Director of Solid Waste and Resource Management shall determine if this Section shall not apply during periods when the City, an area of the City, or an area including the City, has been or should be designated as a disaster area due to any damage resulting from any natural or manmade disaster.

(Ord. 69-986-718, § 7; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 89-1168-679, § 6)

Note— Former § 616.106.

Sec. 380.207. - Collection of building materials and industrial waste.

The garbage collection service shall not be responsible for the collecting or hauling of trash, discarded building material, dirt, rock, plaster, lumber, metal, noncombustible refuse or other like material originating from private property preliminary to, during, or subsequent to the construction of new buildings of whatever type, in amounts exceeding one cubic yard each week in non-automated collection areas and in amounts exceeding two cubic yards every other week in automated collection areas, or when these materials result from work performed by a construction or building contractor. The Department shall not be responsible for collecting or hauling industrial waste from warehouses, abattoirs, or manufacturing plants.

(Ord. 69-986-718, § 8; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2017-659-E, § 1)

Note— Former § 616.107.

Sec. 380.208. - Location of garbage receptacles; time for placement within Downtown Area.

(a)

Persons receiving garbage, rubbish or refuse service shall place garbage receptacles at curbside unless the garbage collection service provides collection at another location.

(b)

Within the Downtown Area, no garbage, rubbish or refuse shall be placed for curbside collection or allowed to remain placed or otherwise allowed to exist on or along the curbside for curbside collection between 9:00 a.m. and 2:00 p.m. No garbage, rubbish or refuse of any kind shall be collected unless it is placed inside the garbage and rubbish cans with the lids closed that meet the requirements of Section 380.203(a)(3). No such materials shall be collected from the ground or from any other type of container but those garbage and rubbish cans supplied by the City of Jacksonville.

(Ord. 69-986-718, § 9; Ord. 70-650-526; Ord. 71-397-181; Ord. 75-1322-644, § 1; Ord. 76-1237-626, § 1; Ord. 77-549-251, § 1; Ord. 83-591-400, § 1; Ord. 89-1168-679, § 7; Ord. 2010-502-E, § 1; Ord. 2013-714-E, § 1)

Note— Former § 616.108.

Sec. 380.209. - Disposing of certain materials.

(a)

No person shall dispose of an acid, explosive material, inflammable liquid or dangerous or highly corrosive material in a garbage container, which shall be detrimental or harmful to any person.

(b)

It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his or its control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, dishwasher, clothes washing machine or dryer or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside, from which the door has not been removed. Such action is deemed an irreparable and irreversible nuisance and shall be punishable pursuant to Section 380.213.

(Ord. 69-986-718, § 10; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 2005-727-E, § 1)

Note— Former § 616.109.

Sec. 380.210. - Jacksonville Litter Law.

(a)

Definitions. As used in this Section:

(1)

Litter means any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; plastic; tobacco product; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

(2)

Person has the meaning given to it in Section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.

(3)

Dump means to dump, throw, discard, place, deposit or dispose of.

(4)

Motor vehicle means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, or semitrailer combination or any other vehicle that is powered by a motor.

(5)

Vessel means a boat, barge, or airboat or any other vehicle used for transportation on water.

(6)

Balloon means a flexible nonporous bag made from materials such as rubber, latex, polychloroprene, or nylon fabric that can be inflated or filled with fluid, such as helium, hydrogen, nitrous oxide, oxygen, air or water and then sealed at the neck, usually used as a toy or decoration.

(7)

Sky lantern means a device that requires a flame which produces heated air trapped in a balloon-type covering allowing the device to float in the air. Sky lanterns shall not include hot-air balloons used for transporting persons.

(b)

Dumping litter prohibited. Unless otherwise authorized by law or permit, it is unlawful for any person to dump litter in any manner or amount:

(1)

In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor. When any litter is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this Section; or

(2)

In or on any freshwater lake, river, or stream or tidal or coastal water of the State. When any litter is thrown or discarded from boat, the operator or owner of the boat, or both, shall be deemed in violation of this Section; or

(3)

In or on any private property, unless consent of the owner or occupant has been given and unless such litter will not cause a public nuisance or be in violation of any other State or local law, rule, or regulation.

(4)

In or on any private property where consent of the owner or occupant has been expressly denied or the owner or occupant has refused to permit such dumping.

(c)

Balloon or Sky lantern release prohibited. It shall be unlawful for any person to intentionally release, organize the release of, or intentionally cause to be released one or more sky lanterns or balloons inflated with gas that is lighter than air which includes but is not limited to, helium, with the exception of:

(1)

Balloons released by a person or educational institution on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.

(2)

Balloons released indoors.

(3)

Balloon tests performed pursuant to Section 656.1507, Ordinance Code.

(Ord. 70-650-526; Ord. 71-397-181; Ord. 70-953-442, § 2; Ord. 75-1339-675, § 1; Ord. 76-251-124, § 1; Ord. 83-591-400, § 1; Ord. 85-843-439, § 2; Ord. 85-1298-826, § 1; Ord. 89-1168-679, § 8; Ord. 94-144-121, § 10; Ord. 94-1149-771, § 2; Ord. 2022-573-E, § 1)

Note— Former § 616.110.

Sec. 380.211. - Disposing of garbage and pathological waste.

Garbage, offal, refuse, dead animals and manure, or a combination of these with rubbish shall be disposed of by incineration, burial, sanitary landfill or other method approved by the Department. The disposal of pathological waste shall be by incineration or other method approved by the Department.

(Ord. 69-986-718, § 12; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 616.111.

Sec. 380.212. - Standing vehicles.

Vehicles used for transporting offensive matter shall not be allowed to stand or remain near occupied premises and shall be kept clean so as not to cause a nuisance.

(Ord. 69-986-718, § 13; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 616.112.

Sec. 380.213. - Violations and penalties.

It is unlawful for any person to violate any provision of this Part.

Except as otherwise provided herein, the requirements of this Chapter shall be enforced as follows:

(a)

By citation for civil penalties pursuant to the authority granted in F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code; and

(b)

By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction.

(Ord. 69-986-718, § 15; Ord. 70-650-526; Ord. 71-397-181; Ord. 75-1339-675, § 2; Ord. 83-591-400, § 1; Ord. 85-838-439, § 2; Ord. 89-1168-679, § 9; Ord. 2004-429-E, § 19)

Note— Former § 616.113.

Sec. 380.214. - Reserved.

Editor's note— Ord. 2004-429-E, § 20, amended the Code by repealing former § 380.214 in its entirety. Former § 380.214 pertained to citations and fine schedule; and derived from Ord. 69-986-718, § 16; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1; Ord. 85-843-439, § 2; and Ord. 89-1168-679, § 10.

Note— Former § 616.114.

Sec. 380.215. - Enforcement alternatives; civil penalties.

(a)

The Environmental Resource Management Department, the JEA, and the Sheriff shall be responsible for the enforcement of this Chapter. The employees designated by the Environmental Resource Management Director and the JEA, in writing, together with officers of the Sheriff's Office, including Community Service Officers of the Sheriff's Office, are authorized to issue citations hereunder, and are, pursuant to and in accordance with F.S. § 403.413(7), designated to enforce the provisions of F.S. § 403.413, the Florida Litter Law.

(b)

Except as otherwise provided herein, the requirements of this Chapter shall be enforced as follows:

(1)

By citation for civil penalties pursuant to the authority granted in F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code; and

(2)

By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction.

(Ord. 69-986-718, § 17; Ord. 70-650-526; Ord. 71-397-181; Ord. 78-1159-608, § 1; Ord. 83-591-400, § 1; Ord. 88-1065-548, § 12; Ord. 2004-429-E, § 21; Ord. 2004-1131-E, § 1, 11-9-04)

Note— Former § 616.115.

Sec. 380.216. - Registration of garbage collection companies.

(a)

Every person owning or operating a sanitary landfill or other solid waste processing or disposal facility or collecting garbage and rubbish for compensation from any multifamily dwelling and office, institutional, commercial or industrial building shall annually register with the Director of Solid Waste and Resource Management. Registration shall be accomplished not later than January 31 annually.

(b)

The registration certificate shall be under oath and shall contain the following information:

(1)

The full name and business address of the registrant.

(2)

Whether the registrant holds a valid City occupational license.

(3)

Whether the registrant carries any vehicle liability insurance and, if so, the insurance carrier, the policy limits and the amount of deductibles. In lieu thereof, a certificate of insurance issued by the insurer with the same information may be filed with the registration certificate.

(4)

The disposal sites used or owned by the registrant, if a collector of garbage or rubbish.

(5)

The full name, date of birth, home address and social security number of the owner if the registrant is a proprietorship; of each partner, if the registrant is a partnership; or of each officer, director and person owning or holding five percent or more of the common or preferred stock of the business, if the registrant is a corporation or other business entity.

(6)

If the registrant is a partly or wholly owned subsidiary of another business entity, the latter entity's full name, business address and state of incorporation or organization, the extent of the entity's ownership of the registrant and, as to the latter entity, all the information required by subsection (b)(a) of this Section.

(c)

Each day beyond January 31 that a person required to file a registration certificate with the Director of Solid Waste and Resource Management fails to do so shall constitute a separate violation of this Part.

(d)

The initial registration under this Section shall be accomplished within 30 days after the registrant has obtained an occupational license from the City. Each registrant shall provide the information required by subsection (b) of this Section and shall be subject to subsection (c) of this Section for each day in excess of the 30-day period immediately following the acquisition of an occupational license by the registrant that he fails to file a complete registration certificate.

(Ord. 74-481-263, § 1; Ord. 76-728-373, § 6; Ord. 83-591-400, § 1)

Note— Former § 616.116.

Sec. 380.217. - Insurance.

(a)

Each person subject to Section 380.216 shall carry at his own expense a comprehensive automobile and general liability insurance policy issued by an insurance company authorized to write liability insurance in this State having a B rating or better from Alfred M. Best Company, and possessed of a certificate duly issued by the State Insurance Commissioner or some other officer as may from time to time be designated by the laws of the State, in an amount of not less than $100,000 for each person for bodily injury, sickness or disease, including death resulting therefrom, $300,000 for each occurrence and $25,000 for all property damages in any one occurrence for each vehicle owned, operated, driven or controlled by the garbage collection service, which vehicle is being utilized for the collection of refuse, and all operations necessary or incidental to the operation of the business. The policy may be in the form of a separate policy covering all vehicles operated by the garbage collection service in furtherance of waste collection, in which latter event the policy shall provide insurance on each vehicle in the amounts required in this subsection. The policy or policies shall include an endorsement to the effect that it or they cannot be cancelled for any cause without notice of cancellation being served upon the Director of Solid Waste and Resource Management and the Office of General Counsel at least 30 days prior to the date of cancellation. The policy or policies shall be in the generally accepted form used in this State by liability insurance companies for public liability policies and shall further provide that the insolvency or bankruptcy of the assured shall not relieve the company from the payment of damage for injuries or death sustained or loss occasioned within the provisions of the policy and that the prepayment of any judgment that may be recovered against the assured upon any claims covered by the policy shall not be a condition precedent to a right of action against a company upon the policy, but that the company shall be bound to the extent of its liability under the policy, and shall pay and satisfy the judgment by the injured person, or his heirs or personal representative, as the case may be, to enforce the liability of the company as therein set forth.

(b)

At least 45 days before the expiration of an existing policy, a renewal policy shall be filed with the Director of Solid Waste and Resource Management, and the Office of General Counsel shall approve or reject the policy as to form and as to sufficiency. The filing of a policy shall not constitute compliance with this Section until the policy has been approved by the Office of General Counsel. The garbage collection service shall agree not to drive or operate any vehicle for the purpose of collection of garbage or solid waste until the policy covering it is approved.

(c)

If a policy is cancelled, the insurance company and the garbage collection service shall notify the Director of Solid Waste and Resource Management and the Office of General Counsel at least 30 days before cancellation.

(d)

Should an action for damage be brought against the City in connection with an accident or occurrence relating to garbage and rubbish collection, the disposal thereof or the operation of vehicles, the garbage collection service shall defend the action and will be liable for any judgment obtained and will save the City harmless therefrom.

(Ord. 74-481-263, § 2; Ord. 76-728-373, § 6; Ord. 83-591-400, § 1)

Note— Former § 616.117.

PART 3. - GARBAGE DISPOSAL

Sec. 380.301. - Definitions.

As used in this Part:

(a)

Hazardous material means material that constitutes or contains an innate danger to the operators or other personnel, such as toxic chemicals.

(b)

Inert material means a material having a salvage value in the operation of trash disposal sites and sanitary landfills, including clean dirt, asphalt, broken concrete, brick or stone rubble, nonhazardous liquid material or high-water-content and similar materials, but not including stumps, tires, wire scrap, liquid material containing putrescible matter, sewage, septic tank wastes and meat or poultry cuttings.

(c)

Putrescible matter means solid waste likely to become putrid.

(d)

Sanitary landfill means an area designated for the deposit of solid wastes, exclusive of explosive material.

(e)

Service contractor means a person holding an occupational license or certificate of public necessity and convenience for the transporting of trash or putrescible matter.

(f)

Trash means nonputrescible solid waste, exclusive of explosive material.

(g)

Trash disposal site means an area designated for the deposit of trash, exclusive of explosive material.

(h)

Person has the meaning given to it in Section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.

(Ord. 74-444-179, § 1; Ord. 83-591-400, § 1; Ord. 94-144-121, § 11)

Note— Former § 519.101.

Sec. 380.302. - Required disposal procedure.

No person shall deposit on the property of another trash or putrescible matter on any location in the City except as hereinafter provided. Trash may be transported to and deposited on trash sites and sanitary landfills. Putrescible matter may be transported to and deposited only on sanitary landfills. Trash disposal sites and sanitary landfill sites shall be maintained by the Solid Waste and Resource Management Department and by those private disposal firms as are authorized by the State or are under contract supervised by the Solid Waste and Resource Management Department. Solid waste will be deposited only in sites designated by the Director of Solid Waste and Resource Management. These sites shall be made public knowledge and the locations shall be furnished upon request. The Solid Waste and Resource Management Department shall maintain trash disposal and sanitary landfill sites at appropriate locations throughout the General Services District and shall maintain maps of these sites at City Hall in locations convenient to public view. The Director of Solid Waste and Resource Management shall specify the materials or items that will be accepted at each of the City-operated trash disposal sites or sanitary landfills and shall maintain a list of these materials or items at each location at which a map of the site or landfill is displayed; provided, that the list and changes thereto shall be filed with the appropriate committee of the Council at least 30 days in advance of the effective date of the list or change. No person who knows or who should know of the nature of such solid waste, as described in this provision, shall dispose of such solid waste in landfills:

(1)

Lead-acid batteries;

(2)

Used oil.

(Ord. 74-444-179, § 1; Ord. 83-591-400, § 1; Ord. 88-1065-548, § 13; Ord. 89-1168-679, § 11)

Note— Former § 519.102.

_____

Sec. 380.303. - Rates for disposal.

The fees listed below can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees.

(a)

The following basic rates and charges for each vehicle for the deposit of solid and liquid waste at a solid waste disposal facility provided with scales or when scales are not in service shall be charged by the City:

(1)

(i)

Rates charged with scales in service:

Description

Mixed residential waste delivered by City and contract haulers

Nonresidential waste delivered by City agencies

Nonresidential waste

Construction and demolition debris generated outside of the City

Construction and demolition debris generated inside of the City

Self haulers/non-franchise haulers

First 500 lbs. @ $1.00 Sat. Only (Private Residential Waste)

Clean Dirt Approved for Cover

Category I Waste

Manifested asbestos

Category II Waste

Special waste

Sludge

Dead animals/spoiled food

Incinerator ash

Inspected waste

Category III Waste

Tires (each)

Lead acid batteries (each)

White goods (each)

Category IV Waste

Tires—Passenger car (each) 0.50 1.00 1.50

Tires—Truck (each)

Tires—Other (each)

Tires (bulk)

White goods (each)

Lead acid batteries (each)

(ii)

Rate per ton charged with scales in service for waste generated at Duval County military installations.

Description

Nonresidential waste

Category I Waste

Manifested asbestos

Category II Waste

Special waste

Sludge

Dead animals/spoiled food

Incinerator ash

Inspected waste

Category III Waste

Tires (each)

Lead acid batteries (each)

White goods (each)

Category IV Waste

Tires—Passenger car (each)

Tires—Truck (each)

Tires—Other (each)

Tires (bulk)

White goods (each)

Lead acid batteries (each)

(2)

(i)

Vehicular charge when scales are not in service:

Waste Classification

Three-quarter-ton pickups

Trailers and discarded autos

Six-wheeled trucks

Ten-wheel/tandem axle trucks

Semitrailers

Minimum charge special wastes (less than 1 cubic yard)

Special solid waste/cubic yard

Bulk liquid/sludge per 1,000 gallons and pro rata fraction thereof based on the capacity of the vehicle/container

Rolloff, 20 cubic yards or less

Rolloff, over 20 cubic yards

White goods, each piece or unit

Rearload packer, per cubic yard

Frontload packer, per cubic yard

Clean dirt approved for cover

(ii)

Vehicular charge when scales are not in service for waste generated at Duval County military installations.

Waste Classification

Three-quarter-ton pickups—Commercial

Trailers and discarded autos

Six-wheeled trucks

Ten-wheel/tandem axle trucks

Semi-trailers

Minimum charge special wastes (less than 1 cubic yard)

Special solid waste/cubic yard

Bulk liquid/sludge per 1,000 gallons and pro rata fraction thereof—based on the capacity of the vehicle/container

Rolloff, 20 cubic yards or less

Rolloff, over 20 cubic yards

Rearload packer, per cubic yard

Frontload packer, per cubic yard

Clean dirt approved for cover

(b)

The following are basic rates and charges for waste from conditionally exempt business sources at the household hazardous waste facility:

Description

Flammable Liquids

Fuel Blendable Materials

Latex Paint

Nickel-Cadmium Batteries

(c)

A minimum charge for each load shall be imposed on all vehicles.

(d)

The following charges shall be imposed and collected to weigh vehicles using scales when no disposal of waste is included:

WGT. Private citizen

WGT. Commercial 1 axle

WGT. Commercial 2 axle

WGT. Commercial 3 axle

WGT. Commercial 4 axle

WGT. Commercial 5 axle

(e)

In addition to the aforelisted charges or in lieu thereof, as appropriate, there is hereby imposed a charge plus transportation charges to return a load of off-specification waste to the generator of such waste.

(f)

In addition to the aforelisted charges, there is hereby imposed a charge plus all laboratory costs for a laboratory analysis of off-specification waste.

(g)

Recycling of yard waste and white goods shall be governed by the following basic rates and charges:

(1)

Rates when scales are present and operational (Wood and Yard Waste Recycling Facility):

Yard Waste, per ton debagged

Bagged Yard Waste, per ton

Pallets

Yard Waste—debagged residential haulers

Yard Waste—bagged residential haulers

Private auto or truck (First 500 pounds @ $1.00, Trail Ridge Landfill Operational Hours)*

(2)

Rates when no scales present or when scales are not operating (Wood and Yard Waste Recycling Facility):

Private auto and trucks (First 500 pounds @ $1.00, Trail Ridge Landfill Operational Hours)*

Private auto and trucks (w/ Trailer) (First 500 pounds @ $1.00, Trail Ridge Landfill Operational Hours)*

Commercial trucks

Commercial trucks w/Trailer 2 wheel

Commercial trucks w/Trailer 4 wheel

Dump truck/Single Axle

Dump truck/Dual Axle

Stake Body Truck/Single Axle

Stake Body Truck/Dual Axle

Tree Surgeon "Box" Truck/Single Axle

Tree Surgeon "Box" Truck/Dual Axle

Semi Truck 3-4 Axles Total

Semi Truck 5-6 Axles Total

Packers/Single Axle (18 CY)

Packers/Dual Axle (25 CY)

Packers/Dual Axle (30 CY or more)

Roll-offs 20 CY or less

Roll-offs 30 CY

Roll-offs 42 CY

Packers/Single Axle (18 CY) bagged load

Packers/Dual Axle (18 CY) bagged load

Packers/Dual Axle (25 CY) bagged load

Packers/Dual Axle (30 CY and more) bagged load

(3)

Rates for White Goods (White Goods Processing Center):

Commercial White Goods

*Ord. 2021-729-E, § 7 provides for a sunset date for certain amendments to subsection (g) above. Specifically, the ordinances provides the amendments "shall sunset, be repealed, and be of no further effect one hundred and eighty days (180) from the effective date of this Ordinance. The Public Works Director may extend the sunset date for up to two additional one hundred and eighty day (180) periods by providing written notice to the Council and the Council Secretary prior to the expiration of a one hundred and eighty day (180) period."

Upon sunset of the provisions, the entry under (g)(1), "Private auto or truck (First 500 pounds @ $1.00, Trail Ridge Landfill Operational Hours)" will revert to "Private auto or truck (Up to 500 pounds, Saturday only)".

Also, the entries under (g)(2), "Private auto and trucks (First 500 pounds @ $1.00, Trail Ridge Landfill Operational Hours)" and "Private auto and trucks (w/ Trailer) (First 500 pounds @ $1.00, Trail Ridge Landfill Operational Hours)" will revert to "Private auto and trucks (Saturday only 500 pounds)", "Private auto and trucks (Other than Saturday)" and "Private auto and trucks (w/ Trailer) (Other than Saturday)".

(Ord. 84-1398-734, § 2; Ord. 85-569-317, § 2; Ord. 86-1191-612, § 1; Ord. 87-1421-768, § 1; Ord. 88-1426-703, § 1; Ord. 89-872-405, § 17; Ord. 89-1245-623, § 1; Ord. 90-720-352, § 1; Ord. 91-919-367, § 2; Ord. 92-83-22, § 1; Ord. 92-1045-717, § 1; Ord. 93-101-35, § 1; Ord. 94-187-84, § 2; Ord. 95-737-511, § 1; Ord. 93-1774-1411, §§ 2, 3; Ord. 1999-1257-E, § 1; Ord. 2005-807-E, § 10.6; Ord. 2006-422-E, § 124; Ord. 2006-884-E, § 1; Ord. 2007-1298-E, § 1; Ord. 2017-665-E, § 22; Ord. 2019-55-E, § 3; Ord. 2021-729-E, § 3)

_____

Sec. 380.304. - Processing of hazardous material.

Processing of hazardous material, including collection and disposal, is the responsibility of the person generating the material. Hazardous material will be accepted at a City site only when the Director of Solid Waste and Resource Management has been notified of the content of the material and has specifically approved and designated a site for disposal of the material. It is the responsibility of the service contractor or the source owners to notify the Director as herein required and to obtain the required approval.

(Ord. 74-444-179, § 1; Ord. 83-591-400, § 1; Ord. 88-1065-548, § 14)

Note— Former § 519.104.

Sec. 380.305. - Hours when deposits permitted.

Except when waived by the Director of Solid Waste and Resource Management for emergencies or other public necessity, the following operating schedule will be followed:

(a)

Trash disposal sites and sanitary landfills shall be open for deposits from 8:00 a.m. to 5:00 p.m. Mondays through Saturdays and shall be closed Sundays and the following holidays: New Year's Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

(b)

One sanitary landfill site designated by the Director of Solid Waste and Resource Management shall be open for deposits from 7:00 a.m. to 11:00 p.m. Mondays through Fridays, and 7:00 a.m. to 7:00 p.m. Saturdays, Sundays and official holidays.

(Ord. 74-444-179, § 1; Ord. 83-591-400, § 1; Ord. 88-1065-548, § 15)

Note— Former § 519.105.

Sec. 380.306. - Penalty.

It is unlawful for a person to violate a provision of this Part or an order of the Director of Solid Waste and Resource Management issued to enforce this Part. Upon conviction thereof, the person shall be punishable by a fine of not less than $25 nor more than $450. Each act of unlawful depositing or other violation of a provision of this Part constitutes a separate offense.

(Ord. 74-444-179, § 1; Ord. 83-591-400, § 1; Ord. 88-1065-548, § 16)

Note— Former § 519.106.

Section 380.307. - Payment on accounts; establishing credit accounts; controlling delinquent accounts.

(a)

Unless otherwise provided for in this Section, users of the City's trash disposal sites or sanitary landfills shall pay in advance, according to established rates, prior to disposing of materials on said sites.

(b)

Except as provided in subsection (e) of this Section, a user of the City's trash disposal sites or sanitary landfills may establish credit accounts as a means of paying monthly garbage disposal rates and charges incurred under this Part by:

(1)

Agreeing to pay monthly all garbage disposal rates and charges incurred in each month upon presentation of a bill for the charges by the Environmental Resource Management Department; and

(2)

Providing security for unpaid incurred charges by depositing cash, a surety bond or a letter of credit as a security deposit with the Tax Collector in an amount sufficient to pay estimated charges for a period of three months as determined by the Director of Environmental Resource Management; or alternatively

(3)

In lieu of providing security as provided in subsection (b)(2) of this Section, a person providing solid waste collection service pursuant to a contract with the City may authorize the City to deduct delinquent disposal fees owed the City from his monthly compensation for collection service.

(c)

When unpaid monthly charges become past due, the user's security deposit account shall be debited for the amount of the charges.

(d)

Except as provided in subsection (e) of this Section, when past-due and unpaid monthly charges for a user exceed the amount deposited in that user's security deposit account, the user shall thereafter pay cash for each disposal in the City's trash disposal sites or sanitary landfills prior to making the disposal until the user is in compliance with subsection (b) of this Section.

(e)

When a user has caused complete depletion of his security deposit account by failure to pay past-due monthly charges, he may continue utilizing his credit account after:

(1)

Submission of a plan for replenishing his security deposit account to an amount sufficient to pay estimated charges for a period of three months.

(2)

Payment of the past-due monthly charges and current monthly charges upon submission of a bill for the charges by the Environmental Resource Management Department and approval thereof by the Director of Environmental Resource Management.

The provisions of this subsection shall be available only if a user is not delinquent in paying under another plan approved under this subsection.

(f)

Notwithstanding any of the above provisions of this Section, the Chief of Solid Waste is authorized to waive the provisions of this Section and authorize a user of the City's trash disposal sites or sanitary landfills to dispose of authorized waste if the user exceeds its established security, if and only if:

(1)

The user has an acceptable and established financial history with the City; and

(2)

The disposal shall be for a one time job or event; and

(3)

Satisfactory arrangements for the prompt payment of the disposal fees are made in advance of the disposal; and

(4)

The Chief of Solid Waste maintains a log of all such waivers reflecting the date of disposal, the disposal fee and the date of payment.

(Ord. 75-318-126, § 1; Ord. 75-1052-517, § 1; Ord. 83-591-400, § 1; Ord. 2006-535-E, § 1)

Note— Former § 519.107.

PART 4. - RESOURCE RECOVERY PROGRAM

Sec. 380.401. - Legislative findings.

The Council finds as follows:

(a)

With respect to solid waste, that:

(1)

The continuing technological progress and improvement in methods of manufacture, packaging and marketing of consumer products has resulted in an evermounting increase, and in a change in the characteristics, of the mass material discarded by the purchasers of these products.

(2)

The economic and population growth of the City, and the improvements in the standard of living enjoyed by the City's population, have required increased industrial production to meet their needs and have made necessary the demolition of old buildings, the construction of new buildings and the provision of highways and other avenues of transportation which, together with related industrial, commercial and agricultural operations, have resulted in a rising tide of scrap, discarded and waste materials.

(3)

The continuing concentration of population in the expanding metropolitan area of the City has presented the City with financial, management, intergovernmental and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic and other activities carried on in the City.

(b)

With respect to the environment and health, that:

(1)

Although land is too valuable a City resource to be needlessly polluted by discarded materials, most solid waste is disposed of on land in open dumps and sanitary landfills.

(2)

Disposal of solid waste and hazardous waste in or on the land without careful planning and management can present a danger to human health and the environment.

(3)

As a result of numerous federal and State laws respecting public health and the environment, greater amounts of solid waste (in the form of sludge and other pollution treatment residues) have been created.

(4)

Open dumping is particularly harmful to health, contaminates drinking water from underground and surface supplies and pollutes the air and the land.

(5)

Alternatives to existing methods of land disposal must be developed since the City will be running out of suitable solid waste disposal sites within the foreseeable future unless immediate action is taken.

(c)

With respect to materials, that:

(1)

Hundreds of thousands of tons of recoverable material which could be used are needlessly buried each year.

(2)

Methods are available to separate usable materials from solid waste.

(3)

The recovery and conservation of such materials is necessary to conserve both irreplaceable natural resources and the energy expended in extracting and processing them, when recycling can produce usable materials with much less energy expenditures and without drawing down further on natural resources.

(Ord. 84-1398-734, § 1)

Sec. 380.402. - Territorial application.

The Council is exercising the power of the City to act as a County under and pursuant to F.S. § 125.01(1)(k). Therefore, this Part applies throughout the General Services District.

(Ord. 84-1398-734, § 1)

Sec. 380.403. - Program established; rulemaking authority.

The definitions contained within and referenced by Part 6, Chapter 380, Ordinance Code, shall apply to this Part. There is established a host fee program, hereinafter referred to as the "program." The program shall be administered by the Public Works Department or reassigned department, and the Director of the Public Works Department, or reassigned department, is authorized to adopt, alter, amend and repeal rules for the implementation and administration of the program. The program is divided into three subprograms, as follows:

(a)

The contamination assessment and remediation program shall be responsible for the implementation of contamination assessment and remediation programs at closed landfill and disposal sites.

(b)

The landfill closure program shall be responsible for the closing of open but filled sanitary landfills.

(c)

The solid waste management facility mitigation programs shall be responsible for benefiting property affected by the solid waste management facilities by mitigating the effects of such facilities. The mitigation programs shall be divided into two categories as follows: the Class I Solid Waste Management Facility Mitigation Program (applicable to Class I solid waste management facilities owned by the City); and the Non-Class I Solid Waste Management Facility Mitigation Program (applicable to permitted non-Class I solid waste management facilities).

The Council hereby finds that proximity to a solid waste management facility is an important factor in determining justifiable usage of mitigation funds, thus it is the intent and desire of the Council that the following allocation formula be utilized as a guideline for utilization and distribution of the mitigation funds available for expenditure during any fiscal year, with all distance measurements to be made from the center of the solid waste management facility:

(i)

For the Class I Solid Waste Management Facility Mitigation Program, mitigation funds shall be used within a 15-mile radius of the solid waste management facility. Such distance requirements shall not apply to the funds allocated to Taye' Brown Regional Park pursuant to Section 380.405(b)(1).

(ii)

For Non-Class I Solid Waste Management Facility Mitigation Program, mitigation funds shall be used within a seven-mile radius of the solid waste management facility.

(iii)

The Council further finds that Non-Class I Solid Waste Management Facility mitigation funds should be used only to enhance real property owned by the City of Jacksonville or to purchase additional real property for the City of Jacksonville.

(Ord. 84-1398-734, § 1; Ord. 86-1020-536, § 1; Ord. 88-1426-703, § 2; Ord. 89-872-405, § 18; Ord. 90-720-352, § 2; Ord. 91-346-154, § 1; Ord. 91-919-367, § 3; Ord. 92-1079-943, § 1; Ord. 97-451-E, § 1; Ord. 2000-444-E, § 1; Ord. 2007-739-E, § 1; Ord. 2019-55-E, § 1; Ord. 2020-624-E, § 1)

Sec. 380.404. - Host Fee Fund established; accounts.

(a)

There is established the Host Fee Fund, hereinafter referred to as the Fund, which shall consist of the following accounts:

(1)

The Contamination Assessment and Remediation Fund, which will fund the costs for assessing and remediating contamination at closed landfills and disposal sites.

(2)

The Landfill Closure Fund which will fund the costs for closing filled landfills.

(3)

The Solid Waste Management Facility Mitigation Funds, which will fund the costs for implementation of the mitigation programs are as follows; provided, however, that the monies in this fund shall not be appropriated except by ordinance.

(i)

The Class I Solid Waste Management Facility Mitigation Funds are applicable to Class I solid waste management facilities.

(ii)

The Non-Class I Solid Waste Management Facility Mitigation Funds are applicable to all Non-Class I solid waste management facilities that pay a host fee or those facilities that accept construction and demolition debris as defined in Section 380.102, Ordinance Code.

(b)

The Solid Waste Management Facility Mitigation Funds shall be invested as part of the investment pool. At the end of each month, a cash balance available for investment through the investment pool shall be computed for each participating fund and account. The total amount of interest earned for that month shall be prorated to each participating fund and account in accordance with the ending cash balance that was available for investment in the investment pool from that fund or account.

(c)

The resource recovery fees provided for in Section 380.405(a) shall be placed in the various funds according to the distribution formulas provided for in Sections 380.405(b), 380.405(c) and 380.405(e). The Council may appropriate additional funds in order to provide adequate funding for the programs. The authority of the Mayor to make transfers of funds under Section 106.304 shall not apply to the separate funds enumerated in subsection (a) of this Section, without the concurrence of the Council. All funds expended from this fund shall be subject to appropriation by the Council.

(Ord. 84-1398-734, § 1; Ord. 86-1020-536, § 2; Ord. 88-1426-703, § 3; Ord. 89-872-405, § 19; Ord. 90-720-352, § 3; Ord. 91-346-154, § 2; Ord. 91-919-367, § 4; Ord. 92-1079-943, § 2; Ord. 2000-444-E, § 1; Ord. 2019-55-E, § 1)

Sec. 380.405. - Host fee; distribution formula; late charge for delinquent payment.

(a)

So that the program can be adequately funded, there are imposed two funding sources, as outlined below:

(1)

A host fee of $7.16 on each ton of solid waste deposited or transferred in or through every solid waste disposal or management facility within Duval County whether publicly or privately owned or operated, provided, however, that no ton of solid waste shall have imposed upon it more than one host fee pursuant to this Section. The Director of the Public Works Department, or reassigned department, shall establish procedures for reporting solid waste tonnage deposited or transferred and host fees collected and shall establish procedures by which host fees are transmitted to the City for deposit in the Fund. Solid waste disposal or management facilities that accept construction and demolition debris are exempt from having to pay a host fee on those construction and demolition debris materials generated in the City of Jacksonville. Solid waste delivered to a Class III Landfill and construction and demolition debris delivered to a privately-owned solid waste management facility in Duval County and generated outside of the City of Jacksonville shall only be subject to host fee requirements described below in Sections 380.405(b)(1) and 380.405(b)(2). Construction and demolition debris generated outside the City of Jacksonville and delivered to publicly owned solid waste management facilities in Duval County shall be subject to all host fee requirements.

(2)

A construction and demolition debris permit fee as provided in Section 320.409, Ordinance Code. Revenue generated from the construction and demolition debris permit fee shall be allocated to the Host Fee Funds as described in subsection (e) below.

(b)

For every $2.72 collected pursuant to subsection (a)(1) of this Section, the monies shall be distributed to the accounts in the Fund according to the following formula:

(1)

To the Class I Solid Waste Management Facility Mitigation Fund, or Non-Class I Solid Waste Management Facility Mitigation Fund, whichever is appropriate, $0.50. Half of the amount distributed, $0.25, to the Class I Solid Waste Management Facility Mitigation Fund, shall be allocated to a separate Fund for related improvements to Taye' Brown Regional Park, as it may be named from time to time. The provisions of the Section 380.403(c)(1), Ordinance Code, shall not apply to funds allocated to Taye' Brown Regional Park, as it may be named from time to time.

(2)

To the Contamination Assessment and Remediation Fund, $0.24.

(3)

To the Landfill Closure Fund, $1.98.

(c)

For the remaining $4.44 collected pursuant to subsection (a)(1) of this Section, the monies shall be distributed to the Solid Waste Enterprise Fund in order to defray expenses associated with operation of the solid waste management system.

(d)

For publicly owned solid waste disposal facilities, an additional host fee of $0.43 shall be imposed on each ton of solid waste deposited in or transferred through such a facility. Of the $0.43 imposed, $0.13 per ton shall be distributed to the Landfill Closure Fund and the remaining $0.30 per ton shall be distributed to the Solid Waste Enterprise Fund.

(e)

The host fee shall be rendered monthly to the City, payable on or before the twentieth day of the second month following the date of billing. In the case of delinquent host fees, a late charge in the amount of 1% of the monthly host fee due shall be assessed and collected for each month the fee remains unpaid, unless waived, for good cause shown, by the Director of the Public Works Department. For the purposes of this Section, any fractional part of a month shall constitute an entire month.

(f)

Revenue collected pursuant to subsection (a)(2) of this Section shall be distributed to the accounts in the funds according to the following formula:

(1)

7% of revenue shall be allocated to the Class I Solid Waste Management Facility Mitigation Fund or Non-Class I Solid Waste Management Facility Mitigation Fund, whichever is appropriate. Half of the amount distributed to the Class I Solid Waste Management Facility Mitigation Fund, 3.5%, shall be allocated to a separate fund for related improvements to Taye' Brown Regional Park, as it may be named from time to time.

(2)

3.4% of revenue shall be allocated to the Contamination Assessment & Remediation Fund;

(3)

27.6% of revenue shall be allocated to the Landfill Closure Fund;

(4)

62% of revenue shall be allocated to the Solid Waste Enterprise Fund.

(g)

A solid waste disposal facility located within Duval County may request a deferral of the required host fee payments for a period of three consecutive years, provided that all of the following criteria are met:

(1)

The solid waste disposal facility presents to the Director of the Public Works Department, or reassigned department, a proposed plan for marketing an industrial byproduct which is not currently being sold, used, or reused;

(2)

The industrial byproduct is not hazardous waste as defined under F.S. § 403.703, and rules promulgated pursuant thereto;

(3)

The industrial byproduct is segregated as a single waste stream and is disposed of in a solid waste disposal facility designed and permitted exclusively for the disposal of that specific industrial byproduct;

(4)

The City is provided a standby, irrevocable letter of credit in the City's favor, which is in a form acceptable to the City and which is issued by a local financial institute acceptable to the City, as a guarantee to the City that all host fee payments that are due, but are deferred, will be paid in the event the industrial byproduct is not sold, used or reused within the deferral period, except that where a solid waste disposal facility is owned by another governmental entity, the City at its discretion and in lieu of a letter of credit, may accept legislation that appropriates the necessary funds, to be paid to the City at the time deferred payments become due at the end of the three year deferral period; and

(5)

The City has been paid all host fee payments due from any prior deferral period granted to the solid waste disposal facility.

The Director of the Public Works Department, or reassigned department, shall establish procedures for (i) requesting a deferral; (ii) granting or denying a deferral; (iii) demonstrating that the industrial byproduct is sold, used or reused; and (iv) reporting the gross tonnage of industrial byproducts deposited, and the tonnage of industrial byproducts sold, used or reused. All such reports and information provided to the City relating to the request for a deferral shall be subject to review and audit by the Public Works Department or reassigned department, and the Council Auditor, including right of entry upon the property for the purpose of review and confirmation of financial and other records connected therewith.

(h)

Construction and demolition debris, as defined in Section 380.102, Ordinance Code, generated within the City of Jacksonville and delivered to a solid waste management facility within Duval County shall not be assessed a host fee.

(i)

Haulers delivering construction and demolition debris to a solid waste management facility shall be asked to attest as to whether or not the waste was generated within the City of Jacksonville. The Public Works Department shall establish a policy for implementing the attestation process. Failure by a hauler to provide the attestation described herein or to misrepresent information within the attestation shall be punishable as a Class D penalty pursuant to Section 609.109, Ordinance Code. The operator of a solid waste management facility may rely on such attestation in the determination of the waste's origin. The operator of a solid waste management facility shall not be liable to the City for payment of a host fee where the operator has reasonably relied on such attestation provided by the hauler.

(j)

Where the City has issued a Certificate of Public Convenience and Necessity to a solid waste management facility, the host fee provisions of Section 380.405 supersedes any provisions in such Certificate of Public Convenience and Necessity.

(Ord. 84-1398-734, § 1; Ord. 85-569-317, § 1; Ord. 86-1191-612, § 2; Ord. 87-1421-768, § 2; Ord. 88-1065-548, § 17; Ord. 88-1426-703, § 4; Ord. 89-872-405, § 20; Ord. 89-1245-623, § 2; Ord. 90-720-352, § 4; Ord. 91-346-154, § 3; Ord. 91-919-367, § 5; Ord. 92-1079-943, § 3; Ord. 2001-556-E, § 1; Ord. 2006-884-E, § 2; Ord. 2007-739-E, § 1; Ord. No. 2013-414-E, § 1, 8-13-13; Ord. 2014-470-E, § 4; Ord. 2015-692-E, § 1; Ord. 2019-55-E, § 1; Ord. 2021-592-E, § 2)

Sec. 380.406. - Local resource recovery and management program.

The Director of Public Works, and the Public Works Department, or reassigned department, shall be the City's representatives with respect to the local resource recovery and management program provided for in F.S. § 403.706. The Director of the Public Works Department, or reassigned department, shall be responsible for negotiating interlocal agreements under F.S. § 403.706 and for administering such of them as are approved by the Council and the State.

(Ord. 84-1398-734, § 1; Ord. 2019-55-E, § 1)

PART 5. - RECYCLING PROGRAM

Sec. 380.501. - Findings.

The Council finds:

(a)

The City is experiencing continuous problems with unauthorized persons removing recyclable materials set out by citizens of the City of Jacksonville for collection by the contractor.

(b)

The City is also obligated by law and necessity to implement a mandatory recycling program and to reduce by at least 30 percent the solid waste that would otherwise require landfill disposal.

(c)

An effective recycling program promotes and protects the health, safety and general welfare of the public. The City has successfully implemented a voluntary residential curbside program at single family residences. It is the intent of the Council to expand the voluntary program and to make it mandatory for all residents of Duval County (excluding Urban Service Districts Two through Five) to properly separate their recyclable materials from their solid waste prior to disposal at the curbside.

(Ord. 89-1092-541, § 1; Ord. 91-321-129, § 1)

Sec. 380.502. - Definitions.

(a)

Authorized recycling contractor means a person, firm, partnership, corporation or other entity authorized under and by virtue of a contract with the City to collect curbside residential recyclable material in the City.

(b)

Designated recycling collection location means the place or area along or upon City right-of-way for the deposit for pickup of recyclable materials or as otherwise designated in the contract between the City and the authorized recycling contractor.

(c)

Recyclable material means those materials that the City of Jacksonville has designated to be diverted or removed from the solid waste stream. They include but are not limited to newspapers, magazines, catalogs, paper bags, corrugated cardboard, mixed paper, glass, aluminum cans, certain plastics, metal and bi-metal cans, white goods and other materials that can beneficially be recycled.

(d)

Recycling means any process by which solid waste or materials which would otherwise become solid waste are collected, separated or processed and reused or returned to use in the form of raw materials or products.

(e)

Recovered materials means 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.

(f)

Resident means a person residing in a residential unit.

(g)

Residential unit means a residential building or structure or a portion thereof, or a combination of residential buildings or structures, or portions thereof, which are capable of occupancy or are occupied by one or more persons as a dwelling unit. A single-family dwelling is one residential unit. A duplex is two residential units. A triplex is three residential units. A quadriplex is four residential units.

(h)

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, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials as defined in subsection (e) of this Section are not solid waste.

(i)

Person has the meaning given to it in Section 2.101(g), Ordinance Code of the City of Jacksonville and in addition includes any officer, employee, agent, department or instrumentality of the Federal Government, any state, municipality, or political subdivision of the State, or of any foreign government.

(Ord. 89-1092-541, § 1; Ord. 91-321-129, § 2; Ord. 94-144-121, § 12)

Sec. 380.503. - Resident's responsibilities.

It is the responsibility of all residents to separate recyclable material from all residential solid waste. Recyclables for collection shall be placed at the designated recycling collection location in bins or other solid container provided by the City or the authorized recycling contractor serving the residential unit generating the recyclables. However, nothing in this Section shall preclude a resident from properly disposing of residential recyclable materials at appropriate municipal and/or commercial recycling facilities, or from participating in resource recovery/recycling activities outside of those operated by or for the City.

(Ord. 91-321-129, § 3)

Sec. 380.504. - Combining recyclables with solid waste prohibited.

It shall be unlawful and a violation or this ordinance for any person to place at the curb for collection any bin(s) or container(s) other than one(s) containing recyclables alone or solid waste and nonrecyclable solid waste alone. It is unlawful and a violation of this ordinance for any person to contaminate recyclable materials set out at the curb for collection by the City or by the City's contract collector.

(Ord. 91-321-129, § 3)

Sec. 380.505. - Contamination of recyclables.

All residential customers of the City or an authorized recycling contractor shall prepare for collection or disposal by such service, all recyclable material in such a manner as to keep such recyclables free from contamination. A recyclable material shall be deemed contaminated if it contains nonrecyclable solid waste to an extent which significantly inhibits recycling recyclable materials. It is unlawful and a violation of this ordinance for any person to contaminate recyclable materials.

(Ord. 91-321-129, § 3)

Sec. 380.506. - Ownership of recyclable material.

Upon the placement of recyclable material at a designated recycling collection location for collection by an authorized recycling contractor, the recyclable material shall become the property of the City.

(Ord. 89-1092-541, § 1; Ord. 91-321-129, § 3)

Sec. 380.507. - Unauthorized collection prohibited.

No person, other than an authorized recycling contractor shall remove recyclable material which has been placed at a designated recycling collection location. Any and each such collection in violation hereof from one or more designated recycling collection locations shall constitute a separate and distinct offense punishable as provided in this Code.

(Ord. 89-1092-541, § 1; Ord. 91-321-129, § 3; Ord. 92-744-470, § 1)

Sec. 380.508. - Right of individual to dispose of recyclable material.

Nothing in this Part shall limit the right of an individual person, organization or other entity to donate, sell or otherwise dispose of recyclable material, provided that any such disposal is in accordance with the provisions of this Chapter.

(Ord. 89-1092-541, § 1; Ord. 91-321-129, § 3)

Sec. 380.509. - Enforcement authority.

(a)

The Manager of the Office of Administrative Services shall have the authority to enforce the provisions of this Part. This authority shall be in addition to the authority granted to police officers pursuant to this Code.

(b)

The Manager of the Office of Administrative Services may designate code enforcement officers to enforce the provisions of this Part under Chapter 91, Ordinance Code. Monies derived from the fines imposed and levied by the Municipal Code Enforcement Board for violations of this Part which are in excess of the amount necessary to fund the overhead, staff support and other necessary expenses attributable to enforcement of this Part, shall be deposited in the operating account of the Solid Waste Division.

(Ord. 89-1092-541, § 1; Ord. 91-321-129, § 4; Ord. 2006-422-E, § 128; Ord. 2025-30-E, § 15)

Sec. 380.510. - Civil action by the City and authorized recycling contractor.

Nothing in this Part shall be deemed to limit the right of the City or an authorized recycling contractor to bring a civil action against any person who violates Section 380.504, Section 380.507 or any provision of this Part, nor shall a conviction for such violation exempt any person from a civil action brought by an authorized recycling contractor or by the City.

(Ord. 89-1092-541, § 1; Ord. 91-321-129, § 5)

Sec. 380.511. - Penalty.

It shall be unlawful and a class C offense to fail to comply with the provision of this Part.

(Ord. 89-1092-541, § 1; Ord. 91-321-129, § 6)

Sec. 380.512. - Annual report.

The Director shall prepare an annual report to the Council concerning the City's recycling program. The report shall be filed on or before March 1st of each calendar year and shall summarize activities related to the recycling program during the previous fiscal year. The Transportation, Energy and Utilities Committee shall review the annual report and may take legislative action to address recycling conditions contained within the annual report, as appropriate. The information contained in the annual report shall include, but not be limited to, the following items:

(1)

All efforts undertaken by the City during the prior fiscal year to establish recycling of all materials that are financially attainable in the City;

(2)

The number of written complaints pertaining to the recycling program submitted to the City during the prior fiscal year;

(3)

The statistics as to the number of materials recycled broken out by different types (i.e., plastic, glass, cardboard, etc.);

(4)

The collaborative efforts undertaken by the City with third parties, such as the Duval County School Board, to maintain recycling in the City;

(5)

The public education efforts undertaken by the City to encourage the recycling of materials which are financially feasible within the City;

(6)

The total expenditure of the City's recycling program, including revenues received from the sale of recycling materials, costs incurred to dispose of materials that were put in the recycling stream but were not recyclable, estimated savings that the recycling program provides to the City by reducing materials that are landfilled, overall costs of the collection of recyclables, and any other significant costs or savings attributable the recycling program;

(7)

The performance standards utilized by the City to measure compliance with this Part and with standards for recycling in City contracts;

(8)

Recommendations for improvement to the recycling program;

(9)

Certification that the City is using the best practices in its recycling program; and

(10)

Any other information requested by Council, or considered significant by the Director.

(Ord. 2020-700-E, § 1)

PART 6. - NONRESIDENTIAL SOLID WASTE COLLECTION AND TRANSPORTATION FRANCHISES

Sec. 380.601. - Part designation.

This Part shall be known and may hereafter be referred to as the "City of Jacksonville Non-Residential Solid Waste Collection and Transportation Franchising Ordinance."

(Ord. 93-1774-1411, § 1)

Sec. 380.602. - Intent.

It is the intent of the City Council to provide high-quality nonresidential solid waste collection throughout the City as an element of the City's solid waste disposal and recovery system. Because of overriding public health, safety and welfare concerns associated with providing this service, it is necessary to regulate the collection of certain nonresidential solid waste through franchising of those services. The provisions of this Part will also ensure that the service is efficient and responds to public complaints, and that the public convenience and the public investment in right-of-way property is protected. No franchisee shall be entitled to compensation from the City if this program is terminated.

(Ord. 93-1774-1411, § 1)

Sec. 380.603. - Definitions.

The definitions in Section 380.102, Ordinance Code, apply to this Part unless otherwise indicated. Additionally, the following terms listed in alphabetic order, where used in this Part, shall have the meanings ascribed to them in this Section, unless different meanings are clearly indicated by the context. When not inconsistent with the context, words, used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory.

Application means a request for a franchise, or for transfer of an existing franchise.

City means the City of Jacksonville, Florida.

City Department means the Office of Administrative Services.

Commercial establishments means all commercial establishments, including, but not being limited to, motels, hotels, apartments and trailer parks, stores, office buildings, restaurants, service stations and garages, laundries and cleaning establishments, schools, churches and synagogues, and all other places not classed as residential premises under Chapter 382, Ordinance Code, which produce or accumulate solid waste, including adjacent unimproved property.

Construction and demolition debris has the meaning provided in F.S. § 403.703(17), as may be amended.

Contract hauler means any person who provides residential solid waste collection and transportation services and is party to a valid, current and unrevoked contract for residential solid waste collection and disposal services executed by the City pursuant to Chapter 382, Ordinance Code.

Council means the City Council of Jacksonville, Florida.

County means Duval County, Florida.

Customer means a person provided or to be provided any type of solid waste collection service under a franchise.

Department means the Department of Environmental Protection of the State of Florida or any successor agency performing a like function.

Designated place of business means the business office address of each franchisee, which office shall be in operation during normal hours of business and available by telephone for the processing of complaints, payments for services and normal inquiries, and shall be located within the boundaries of the County.

Director means the Manager of the Office of Administrative Services.

Exempt waste means yard trash and other organic materials delivered to a recycling facility, recycled and which qualifies for credit toward the County's recycling goals established pursuant to F.S. § 403.706; recovered materials and construction and demolition debris; the residue that remains after recovered materials and construction and demolition debris are processed by a recycling facility provided that each quarter 80 percent by weight of the processed materials are recycled; treated and untreated biohazardous waste; waste the disposal of which are prohibited in Florida landfills pursuant to F.A.C. 62-701.300(10); and, hazardous waste or hazardous substances disposed of at a permitted hazardous waste disposal facility.

Franchise means the right of a franchisee, granted pursuant to this Part, to collect and transport nonresidential solid waste within the City.

Franchise fee has the meaning given in subsection 380.608(b) hereof.

Franchisee means a private waste hauler who signs a franchise agreement with the City pursuant to this Part for the collection of nonresidential solid waste and who pays a franchise fee, as provided in a franchise agreement.

Gross receipts means the entire amount of the fees (including the fair market value of bartered services) collected by the franchisee, for nonresidential solid waste collection, removal and disposal except (i) fees collected by the franchisee for the collection, transportation sale or other disposition of exempt waste; (ii) income from equipment sales, maintenance and repair; and, (iii) State sales tax and the franchise fee itself. Gross receipts include but are not limited to: administrative fees, late fees, lease fees, fuel fees, environmental fees, delivery fees, rental fees and paper invoice fees charged by a franchisee.

Hazardous substance means any substance which is defined as a hazardous substance in the United States Comprehensive Environmental Response, Compensation and Liability Act of 1980, 94 Stat. 2767.

Industrial establishments means businesses whose primary activities include manufacturing, processing or assembly.

Institutional establishments means establishments operated by governmental entities, nonprofit organizations, tax-exempt hospitals, and public, charitable, philanthropic or religious institutions conducted for the benefit of the public or a recognized Section of the public.

Nonresidential premises means all commercial establishments, industrial establishments, institutional establishments, and all mining, agricultural and all other and premises in the County, except (both multifamily and single-family) and premises served by City collection service, or contract haulers performing under Chapter 382, Ordinance Code.

Nonresidential solid waste means solid waste generated at any nonresidential premises, and all residue produced within the County from solid waste generated within or outside the County.

Ordinance Code means the Ordinance Code of the City.

Other organic materials means organic matter generated by nonresidential entities which is suitable for processing into marketable mulch or compost product.

Owner means any person occupying, exercising control over, or owning property, who shall accumulate, or cause to accumulate nonresidential solid waste, or cause to be placed nonresidential solid waste for collection.

Payment bond means each of the forms of security approved by the Division and furnished by a franchisee as a guarantee that it will pay its obligations in accordance with the terms of the franchise and will pay all lawful claims.

Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling markets, and have been source separated and diverted, 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 are not solid waste.

Recycling and recycled mean any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products, and eligible for credit towards the County's recycling goals established pursuant to F.S. § 403.706.

Residue means any material remaining from the act of recycling processing, by any means and to any extent, of solid waste, irrespective of whether such processing occurs within or outside the County.

Self-hauler means any person not engaged in waste haulage except to collect and haul nonresidential solid waste generated from business activities conducted solely by such person.

State means the State of Florida.

(Ord. 93-1774-1411, § 1; Ord. 2008-295-E, § 1; Ord. 2017-565-E, § 1; Ord. 2025-30-E, § 15)

Sec. 380.604. - General authority and power to grant franchises.

(a)

To protect and promote the health, safety and general welfare of the citizens of the County and to preserve and enhance the environment of the City by providing a comprehensive nonresidential solid waste collection and transportation system, on and after the date 120 days after the effective date of this Part, no person shall use the public streets, roads, alleys, ways or places of the City for the purpose of collecting, transporting or providing container service for nonresidential solid waste generated in Duval County without a valid and existing franchise therefor, unless exempted by subsection (b) of this Section. The Council is authorized and empowered to grant a franchise to any person, and to prescribe substantially uniform terms and conditions of such grants, in accordance with the procedures set forth in this Part. Every franchise granted is conditioned upon the franchisee's obligation to pay the franchise fee, in full, when due. The City Department may suspend, and the Council may revoke, a franchise for the franchisee failure to pay the fee prescribed.

(b)

Section 380.604(a) shall not apply to:

(1)

Any self-hauler;

(2)

Any person who is a contract hauler and who does not transport nonresidential solid waste except as authorized under Section 382.402, Ordinance Code;

(3)

The City Department's collection service;

(4)

Collection within Urban Services Districts 2, 3, 4 and 5;

(5)

Collecting, transporting and providing container service for exempt waste; or

(6)

Collecting, transporting, and providing container service for solid waste from military installations where such solid waste is not co-mingled with solid waste collected from other sources.

Any materials separated from or otherwise derived from nonresidential solid waste which are held in storage and asserted by the possessor thereof to constitute recovered materials awaiting sale or distribution to the secondary materials markets shall constitute nonresidential solid waste if, when and to the extent (i) the City Department determines that the storage or diversion thereof constitutes an attempt to evade the requirements of this Part; or (ii) the storage or diversion thereof does not comply with generally recognized, accepted and prevailing practice in the Florida materials recovery and recycling industry conducted in accordance with federal, State and local laws.

(c)

Any franchise granted by the City shall be nonexclusive and shall authorize the operation of the franchisee throughout the General Services District except Urban Service Districts 2, 3, 4 and 5 where nonresidential solid waste collection and transportation is regulated by the beaches communities and the Town of Baldwin. All franchises shall be issued upon substantially uniform conditions and limitations, all at the sole discretion of the Council as it finds in the interests of the public convenience, welfare and necessity in fulfilling its traditional and statutory duty to provide for the safe and sanitary collection and transportation of solid waste in the County.

(d)

No vehicle shall be used in the collection of nonresidential solid waste within the County by or on behalf of any person required to have a valid and existing franchise under this Part unless it carries a valid and unrevoked tag or decal issued by the City Department.

(e)

The City Department and City Auditors shall have the right, during normal business hours, to enter a franchisee's business property, upon reasonable prior notice, to inspect the operations and facilities of a franchisee to determine compliance with the franchise, this Part and any rules adopted by the City Department pursuant hereto. Refusal to permit inspection shall be cause for suspension or revocation of the franchise. The franchise shall State the franchisee's designated place of business.

(f)

The grant and acceptance of a franchise shall not relieve, limit or alter a franchisee's obligations to obtain and maintain any license or permit required by the Ordinance Code or other applicable law to transact and carry on a business or to provide nonresidential solid waste collection, transportation, container or disposal services within the County.

(Ord. 93-1774-1411, § 1; Ord. 2008-295-E, § 1)

Sec. 380.605. - Procedure for granting franchises.

(a)

Application submission.

(1)

No franchise shall be granted hereunder prior to the submittal of an application therefor on a form supplied by the City Department. Applications for an initial franchise must be submitted to the City Department or division responsible for nonresidential franchise applications. The departmental review process can take up to 60 days.

(2)

Such application shall be in writing and shall include, but not be limited to, the following information:

(i)

The full name and address of the applicant.

(ii)

The type of the organization, that is, whether a corporation, limited liability company, association, joint stock association, individual proprietorship firm or partnership.

(iii)

The date the business was legally organized and, if now in business, the date of commencement of service to customers in Duval County.

(iv)

If the applicant is:

(A)

An individual, firm, association or partnership the full name and home address, social security number and date of birth of all parties owning an interest in the applicant.

(B)

A partnership, a copy of the partnership agreement and all amendments thereto.

(C)

A publicly-owned corporation on a nationally recognized stock exchange, the corporation's most recent annual and quarterly Securities and Exchange Commission 10K Report. For all other corporations, the applicant shall provide, the names and addresses of all the stockholders of the corporation and the percentage of the total stock held by each stockholder.

(v)

If the applicant is a partly or wholly-owned subsidiary of another business entity, the parent entity's full name, business address and state of incorporation or organization, and the extent of the entity's ownership of the applicant. As to the parent entity, the full name, date of birth, home address and social security number of the owner if a proprietorship; of each partner if a partnership; or of each officer, director and person owning five percent or more of the common or preferred stock if a corporation, shall be provided. In addition, if the parent entity of the applicant is a corporation, the full name, address, date of birth and social security number of each officer and director and of all stockholders holding five percent or more of the outstanding shares of the corporation shall be provided.

(vi)

A statement of the applicant's experience and capability in the collection and/or transportation of solid waste.

(vii)

Evidence that applicant has the potential for a significant amount of business within the City.

(viii)

An insurance certificate or a binder meeting the requirements of this Chapter.

(ix)

Certification that applicant has never been adjudicated in default on any government contracts or bids.

(x)

The description (type and quantity) of the equipment to be used in such removal, transportation and disposal, and description of the method of disposal, including the location of all disposal facilities, vehicles, and equipment to be used:

(xi)

Evidence that any disposal facility to be used by the applicant is licensed or approved by the proper federal and State authorities and those of the County and municipality where such facility is located.

(xii)

Certification that there are no unsatisfied final money judgments against the applicant.

(xiii)

Certification that the applicant has the financial resources to perform its duties and obligations as a franchisee under this Part.

(xiv)

Evidence of the safety, reliability and sanitation of the applicant's proposed collection and transportation service, including containers to be placed at customer's service location, if such are to be provided by the applicant. No franchisee under this Section shall materially diminish or change the quantity or type of the equipment used or the methodology for collection, transportation or disposal of nonresidential solid waste nor the location of disposal facilities described in its application, without reporting such changes to the City Department. In the case of changes in the location of disposal facilities, the report shall include evidence that the disposal facility is properly licensed by the appropriate regulatory authorities. Operational changes shall be reported in the first monthly report submitted after the change occurs. Disposal facility changes shall be reported at least 30 days before the franchisee begins using the facility.

(3)

In determining whether to grant or deny a franchise, the following criteria shall be considered:

(i)

The applicant's solid waste collection experience.

(ii)

The adequacy of the applicant's equipment and facilities in relation to the service to be rendered.

(iii)

Whether the applicant presently provides waste collection services within or outside the City.

(iv)

The applicant's compliance with Section 126.104, Ordinance Code.

(v)

The applicant's ability to comply with the terms of this Part.

(vi)

The applicant's financial resources.

(vii)

The sanitation, safety and reliability of the applicant's collection equipment.

(viii)

Compliance by the applicant with applicable laws and rules of the County.

(ix)

The proper licensure and enforcement history of the facility identified by the applicant as for disposal or treatment of the solid waste to be collected.

(x)

Other considerations as the Council deems relevant.

(4)

Each application must be accompanied by a cashier's check payable to the City for the franchise fee application as found in www.coj.net/fees. Any application fee received shall be nonrefundable and shall be deposited into the Solid Waste Disposal Enterprise Fund of the City. The City Department will notify an applicant of any deficiencies in its application; and, the applicant will have 15 days within which to provide supplemental information. If the applicant fails to provide the requested information within the time prescribed the application will be deemed insufficient and denied without further Council action.

(5)

Within 45 days after the closing date for filing applications, the City Department will forward complete applications to the Council Secretary, with recommendations on whether to grant or deny the applicant(s) a franchise.

(6)

Within 90 days after the closing date for filing applications, the Council shall adopt a resolution granting or denying such franchises as the Council determines to be in the best interests of the City. The Director is authorized and empowered to approve the form of franchise agreements, which shall be on substantially uniform terms, and execute the agreements with successful applicants. Upon submission of a sworn affidavit to the City by a franchisee to dispose of all waste required to be disposed of in a Class I Landfill subject to the franchise at the Trail Ridge Landfill, the City shall agree to charge the franchisee the lowest rate charged to any franchisee, regardless of the total number of tons of waste disposed of monthly. The franchise agreement shall constitute the City's grant of the privileges contained therein and shall expire at such time as stated therein. The successful applicant(s) shall signify its (their) acceptance of the terms and conditions of the franchise by its (their) execution thereof. Upon due execution, the franchise agreement shall serve as evidence of the City's grant and the franchisee's acceptance of the franchise.

(Ord. 93-1774-1411, § 1; Ord. 2008-295-E, § 1; Ord. 2017-665-E, § 22; Ord. 2018-571-E, § 1)

Sec. 380.606. - Franchise term and conditions.

(a)

Term. Each franchise shall be granted subject to annual registration by the franchisee. Such annual registration shall include that information required by the City Department. Franchisees shall be subject to the annual registration, suspension and revocation provisions of this Part. Ninety days before the anniversary date of the franchise agreement, the franchisee shall submit to the City Department, on a form prescribed by it, the annual registration along with the registration fee as found in www.coj.net/fees. If a franchisee fails to submit a complete and accurate annual registration and/or fails to pay the registration fee, the franchise up for renewal shall be deemed suspended, precluding the registrant from performing under the franchise until the noncompliance is corrected.

(b)

Conditions. Each franchise shall be conditioned upon the faithful performance of all duties and requirements imposed by existing law, this Part, and rules established by the City Department. Every franchisee granted a franchise by the City pursuant to this Part shall comply with the terms and conditions of Chapter 380. Franchises granted franchisees pursuant to this Section shall not be assigned, nor shall such franchises remain valid if the controlling stock, ownership or voting rights of any corporate franchisee are transferred or assigned, except with the express approval of the Council, which approval shall not be unreasonably withheld; provided, however, that the foregoing restrictions on stock transfer shall not apply to corporations whose common stock is traded on a nationally recognized stock exchange or is wholly owned, directly or indirectly by such entity, or that are institutional lenders. In the event of assignment, the assignee shall execute an agreement of acceptance, subject to the approval of the City, evidencing that such assignee accepts the assignment subject to any or all of the provisions of this Chapter and of the applicable franchise agreement, between the City and the franchisee and which acceptance shall include an affirmative statement evidencing such assignee's intent to fulfill the obligations imposed thereunder.

(c)

Bankruptcy or insolvency. If the franchisee becomes insolvent or if it files a petition of voluntary or involuntary bankruptcy, its franchise shall terminate no later than the date of filing of the bankruptcy petition.

(d)

Termination for alternative collection service. All nonexclusive franchises shall be subject to the right of the Council to terminate the nonexclusive franchise system and franchises granted under this Part. One hundred twenty days before proposing the termination of the franchise program established by this Part, the City Department shall notify all franchisees of the forthcoming legislative proposal.

(Ord. 93-1774-1411, § 1; Ord. 2017-565-E, § 1; Ord. 2017-665-E, § 22)

Sec. 380.607. - Rates and charges.

A franchisee shall be permitted to negotiate rates for service between the franchisee and customers serviced by the franchisee. Any customer shall have the right to select from among authorized franchisees the particular franchisee from whom to receive such serviced and to negotiate from time to time the rates and charges to be paid for such service, and other terms and conditions of service not inconsistent with this Part and generally applicable law, which rates, charges, frequency of service and other terms and conditions of service may be established by a service agreement between the customer and franchisee.

(Ord. 93-1774-1411, § 1)

Sec. 380.608. - Franchise obligations.

(a)

Considerations for franchise. In consideration of the grant of a franchise by the City, including, the right of the franchisee to collect and receive rates and charges from customers and to use the public streets, roads, alleyways and places of the County to conduct a private business providing an essential public service, each franchisee shall comply with the obligations, duties and responsibilities set forth in this Section.

(b)

Franchise fee.

(1)

Amount. A franchisee shall pay the City a franchise fee on its nonresidential solid waste collection, transportation and container services in the City. The fee is imposed on the revenue earned from the day the applicant signs a franchise agreement with the City. Each franchisee shall pay to the City a franchise fee of 12 percent of the franchisee's monthly gross receipts. Effective January 1, 2005, the franchise fee shall be 17 percent of the franchisee's monthly gross receipts. The City shall have the option of raising the franchise fee once yearly; such raises shall not exceed one percent of the franchisee's totally monthly gross receipts and shall be imposed by the Council after a public hearing. Payments of the fee shall be made by delivering to the City Division a check payable to the City each month on or before the last day of each month, on gross receipt of the previous month. The franchise fee shall be listed separately on each customer's invoice as 17 percent of the subtotal of all monthly gross receipts so that no more than one franchise fee is listed per invoice. A franchisee is responsible for payment of any franchise fee when working with a broker company or associated with an agreement made by subcontract with a third party.

(2)

Franchise audits. To ensure assessment of the proper franchise fee, the franchisee shall submit the following:

(i)

Monthly and annual reports. The franchisee shall deliver to the City Department a true and correct monthly report of gross receipts generated during the previous month from accounts within the City on or before the last day of each month. The franchisee shall, on or before 90 days following the close of its fiscal year, deliver to the City Department a statement of its annual gross receipts generated from accounts within the City reflecting gross receipts within the City for the preceding fiscal year. The statement shall present the amounts due to the City based on the provisions of Section 380.608(b)(1) of the Code for the preceding fiscal year, with a comparison as to the actual amounts paid and a computation as to any overpayments or underpayments made during the preceding fiscal year. The statement shall be audited by an independent certified public accountant licensed to do business in the State, and shall be accompanied by the certified public accountant's opinion of its accuracy without qualifications or reservations. Any franchisee who fails to submit its certified financial statements within the time prescribed in this Section or fails to obtain an extension for good cause shown 15 days prior to the report due date shall pay an additional late charge of ten (10) percent of the average monthly franchise fee incurred by the franchisee for the preceding annual reporting period.

(ii)

Audit or inspection of franchisee's books and records. The franchisee shall allow the City Auditors, at any reasonable time after reasonable notice, to audit, inspect and examine the franchisee's fiscal books and records and State and federal tax returns, insofar as they relate to City accounts, to confirm the franchisee's compliance with this Section. This information shall include, but not be limited to, the following: billing rates, billing amounts, accounts receivable and list of accounts. Additionally, the City's Auditors may communicate directly with customers of the franchisee for the purpose of confirming compliance with this Section. To the extent authorized by F.S. § 119.165 or other applicable law, this information shall remain confidential.

(3)

Failure to pay franchise fee. In the event the franchisee fails to timely pay the full franchise fee as set forth in subsection (b)(1) of this Section, the City Department may suspend the franchise until payment is made, and the City Department may revoke the franchise administratively. Additionally, the franchisee shall pay any and all of the City's expenses for collection of same, including, but not limited to, court costs and reasonable attorney fees. In the event the franchisee fails to pay the full franchise fee on or before the last day of each month, the franchisee shall pay a late fee equivalent to ten percent of the said month's franchise fee due.

(4)

Evidence of payment. Any person, which includes, without limitation, a firm or corporation seeking to renew its annual County and municipal occupational license pursuant to the provisions of Chapters 770 and 772 of this Code and, in addition to the requirements contained therein, shall provide to the City Department and the Tax Collector evidence of payment of all outstanding nonresidential solid waste collection franchise fees before the Tax Collector may reissue or renew the franchisee's solid waste-related licenses.

(5)

Payment procedures. The City Department is hereby authorized and empowered to establish by rule a system of advance payments of the franchise fee or of other forms of financial security to ensure payment of the franchise fee if, in its determination, such a system is necessary to ensure the timely payment of the franchise fee by a particular franchisee or by franchisees in general. The obligation of a franchisee to pay the City Department the franchise fee shall arise immediately at the time the franchisee receives payment from a customer, notwithstanding the provisions hereof for payment in arrears of accrued amount due. A franchisee's failure to timely pay the established fee is grounds for suspension of its franchise by the City Department, and revocation of the franchise by the Council.

(c)

Vehicles and equipment. Vehicles and equipment used by a franchisee shall be maintained in the condition to prevent a sanitary nuisance or safety hazard. Vehicles and equipment shall be frequently washed thoroughly with suitable disinfectant and deodorant, and all vehicles shall be washed on the outside weekly. Waste collection vehicles used by a franchisee shall not be allowed to stand unattended on a public or private street. The franchisee's equipment shall be operated so as to minimize interference with vehicular or pedestrian traffic. Collection shall be made and the equipment operated and maintained by a franchisee in a manner as to prevent the dropping or scattering of solid or liquid wastes anywhere except in a lawful solid waste management or disposal site. All waste spilled or scattered from vehicles shall be immediately picked up by the franchisee. Collection vehicles shall consist of trucks with leak-resistant packer or enclosed bodies and dumpsters shall be covered and leak-resistant, all in good repair. All vehicles used for nonresidential solid waste collection shall be prominently marked with the name of the franchisee and vehicle number on driver and passenger sides. The vehicle number shall also be marked on the front and rear of the vehicle. Except as otherwise provided in this Part, each vehicle shall contain a current, unrevoked tag or decal issued by the City Department, as evidence of the hauler's franchise rights. The City Department is hereby authorized and empowered to issue such tag or decal and is further authorized and empowered to deny or revoke the tag or decal of any vehicle that fails to meet requirements of this Section or City Department rules. Such vehicle shall not be used for the collection or transportation of nonresidential solid waste until its tag or decal has been reinstated by the City Department.

(d)

Collection times. Collection of nonresidential solid waste shall be scheduled by agreement between the franchisee and the customer, subject to any rules of the City Department, any terms of the franchise, Chapter 368, Ordinance Code, and rules of the Jacksonville Environmental Protection Board.

(e)

Provision of service. Every franchisee may provide collection services to any customer who requests the franchisee's services and agrees to the terms and conditions of the service agreement between the franchisee and the customer. Any franchisee may refuse service to any customer for failure to pay a just bill or for any substantial refusal to comply with any rules of the City Department applicable to the customer.

(f)

Payment bond. The franchisee shall furnish the City Department, on an annual basis, a payment bond in an amount equal to the greater of either $25,000 or the estimated franchise fee for one month's operations under the franchise, as determined by the City Department to insure continuity of collection and transportation services and payment of the franchise fee. The bond may be issued by surety licensed by the State and acceptable to the City Department, or may be in the form of a letter of credit or a deposit account irrevocably assigned to the Council, or in any other form which the City Department may approve. The bond shall be conditioned upon performance of the franchise obligations, and it shall be considered a violation of the franchise and the bond conditions if the franchisee shall:

(1)

Fail to cure a violation under Section 380.606(b) thereof after having been given 30 days' notice of failure to comply.

(2)

Take the benefit of any present or future insolvency statutes, or make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement, reorganization or readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all, or substantially all, of its property.

(3)

By an order or judgment by a court of competent jurisdiction be adjudged bankrupt; provided, however, that if such judgment or order is vacated within 60 days after the entry thereof, any notice of forfeiture of franchise resulting there from shall be null, void, and of no effect.

(4)

Fail to comply with any other term or condition which may be specified in the franchise.

(g)

Insurance.

(1)

Each franchisee must maintain throughout the entire period during which its franchise is in effect, in full force and effect, the following insurance coverages, which for subsection (ii) hereof shall be classified by user group based on the number of vehicles utilized in connection with a franchise as determined by the number of franchise decals issued to each franchisee. The user groups are:

User Group One - 1 to 10 vehicles;

User Group Two - 11 to 20 vehicles;

User Group Three - more than 20 vehicles.

(i)

Commercial general liability coverage no more restrictive than that provided by the most recent version of the standard Commercial General Liability Form (ISO Form CG 00 01) as filed for use in the State of Florida without any restrictive endorsements other than those reasonably required by the City's Office of Insurance and Risk Management in the amount of $1,000,000 per occurrence/$2,000,000 aggregate.

(ii)

Automobile liability coverage no more restrictive than that provided by the most recent version of the standard Business Auto Coverage Form (ISO Form CA0001) as filed for use in the State of Florida without any restrictive endorsements other than those which are required by the State of Florida in the amount of $1,000,000 combined single limit for User Group One; $3,000,000 combined single limit for User Group Two; and $5,000,000 combined single limit for User Group Three. Automobile liability coverage shall be for bodily injury and property damage, covering all vehicles owned, leased or used by the franchisee in connection with the performance of the franchise agreement. Umbrella or Excess Automobile Liability can be utilized to satisfy the above listed limits.

(iii)

Workers' compensation with Florida statutory limits and employer's liability with limits of $1,000,000 Each Accident, $1,000,000 Disease Each Employee, and $1,000,000 Disease Policy Limit.

(iv)

Pollution Liability that includes bodily injury, sickness, and disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to destruction of tangible property including resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arises from the operations of the contractor including transportation with limits not less than $1,000,000 per Loss with a $2,000,000 Annual Aggregate.

(2)

All policies, with the exception of Workers Compensation and Employers Liability will name the City of Jacksonville, its members, officials, officers, employees and agents as additional insured.

(3)

All required insurance policies shall be endorsed to provide for a waiver of underwriter's rights of subrogation in favor of the City of Jacksonville and its members, officials, officers, employees and agents.

(4)

The insurance provided shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by the City or any City members, officials, officers, employees and agents.

(5)

All deductibles and self-insured retentions associated with coverages required for compliance with this Section shall remain the sole and exclusive responsibility of the named Franchisee. Under no circumstances will the City of Jacksonville and its members, officials, officers, directors, employees, representatives, and agents be responsible for paying any deductible or self-insured retentions related to this agreement.

(6)

Compliance with the insurance requirements shall not limit the liability of the Franchisee or its Subcontractors, employees, or agents to the City or others. Any remedy provided to City or City's members, officials, officers, employees or agents shall be in addition to and not in lieu of any other remedy available under the franchise agreement or otherwise.

(7)

Neither approval by City nor failure to disapprove the insurance furnished by the Franchisee shall relieve Franchisee of Franchisee's full responsibility to provide insurance as required under the franchise agreement.

(8)

Franchisee shall provide the City Certificates of Insurance that shows the corresponding City Contract Number in the description, if known, Additional Insureds as provided above, and waivers of subrogation. The Certificates of Insurance shall be mailed to the City of Jacksonville (Attention: Chief of Risk Management), 117 W. Duval Street, Suite 335, Jacksonville, Florida 32202.

(9)

The required insurance shall be written by an insurer holding a current certificate of authority pursuant to F.S. Ch. 624, or a company that is declared as an approved Surplus Lines carrier under F.S. Ch. 626. Such Insurance shall be written by an insurer with an A.M. Best Rating of A- VII or better.

(10)

The franchisee shall provide an endorsement issued by the insurer to provide the City 30 days' prior written notice of any change in the above insurance coverage limits or cancellation, including expiration or non-renewal. If such endorsement is not provided, the franchisee, shall provide said 30 days' written notice of any change in the above coverages or limits, coverage being suspended, voided, or cancelled, including expiration or non-renewal.

(11)

Anything to the contrary notwithstanding, the liabilities of the franchisee under this agreement shall survive and not be terminated, reduced, or otherwise limited by any expiration or termination of insurance coverage.

(12)

Any deviation from these requirements must be approved by the City's Risk Manager. The City reserves the right to increase the kinds and amounts of insurance coverage required, if the Risk Manager, in its sole discretion, deems such increase necessary to protect the City.

(13)

As evidence of the above coverage, the franchisee must provide original certificates of insurance to the City's Risk Manager and these must be approved by the Risk Manager prior to the issuance of a franchise. The franchisee must submit a new certificate evidencing the continuing or replacement coverage prior to the expiration date of such insurance coverage.

(14)

Operation of activities by the franchise without the required insurance shall be grounds for franchise revocation as specified herein.

(h)

Indemnification. Each franchisee shall execute an indemnification agreement whereby the franchisee promises to indemnify, hold harmless and defend the City, its officers, agents and employees against, and assume all liability for, any and all claims, suits, actions, damages, liabilities, expenditures, or causes of actions of any kind arising from waste collection transportation and disposal activities and/or the use of the public streets for the purposes authorized in this ordinance and resulting or accruing from any negligent act, omission or error of the franchisee, its agents or employees and/or arising from the failure of such franchisee, its agents or employees, to comply with each and every covenant of any applicable franchise agreement with the City or with any other local ordinance or State or federal law applicable to its activities resulting in, or relating to, bodily injury, loss of life or limb, damage to property or environmental liability sustained by any person, firm, corporation or other business entity. The franchisee shall save the City, its officers, agents, and its employees harmless from and against all judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. The franchisee shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the City, its officers, agents and employees as a result of any claim, suit or cause of action accruing from activities authorized by this Part, for personal injuries, property damage or environmental claims, as set forth above.

(Ord. 93-1774-1411, § 1; Ord. 2004-897-E, § 1; Ord. 2017-565-E, § 1)

Sec. 380.609. - Franchise transfer.

(a)

Any person desiring to transfer a franchise or the rights obtained under a franchise in whole or in part, or any franchisee desiring to transfer a controlling interest in such franchisee, shall petition the City Department for authority to transfer the franchise or controlling interest in the franchisee. The petition shall be submitted with the transfer application fee paid by cashier's check payable to the City. The application fee for franchise transfer can be found in www.coj.net/fees. Any transfer application fee shall be nonrefundable and shall be deposited into the Solid Waste Disposal Enterprise Fund of the City. The City Department shall report to the Council a franchisee's request to transfer its franchise within 30 days of the City Department's receipt thereof, and recommend approval, approval with specified conditions, or denial. The Council may disapprove any such transfer if the transfer would be contrary to Section 126.204, Ordinance Code, or it has reasonable grounds to believe that the transfer will result in a degradation of performance or service provided, such grounds to include, without implied limitation, issues relating to the moral character, commercial viability, credit worthiness or operational ability of the transferee or its principals. The City Department may defer reporting on the transfer request until all franchise fees owed by the franchisee to the City are paid. As used in this paragraph, the term "controlling interest" means 25 percent or more of the ownership or of the voting rights of the franchisee. Any change in ownership of a franchisee exceeding ten percent of the stockholder ownership, assets, or partnership interest shall be reported to the City Department within 30 days of the change.

(b)

Prior to any transfer under this Section, the transferee must submit to the City an application with the application fee.

(c)

Any person to whom a franchise is transferred, whether for a valid consideration or not, shall be responsible for all fees owed to the City by the original franchisee even though the obligation is incurred prior to the transfer.

(Ord. 93-1774-1411, § 1; Ord. 2017-665-E, § 22)

Sec. 380.610. - Correction of violations.

The Director may issue an order to correct any violation of this Part or any violation of the conditions of the franchise agreement within a reasonable period of time as provided by the Director. If the order is not obeyed, the Director may suspend the franchise, seek judicial penalties, and/or request injunctive relief.

(Ord. 93-1774-1411, § 1)

Sec. 380.611. - Revocation of franchise.

(a)

The Council may, after notice and a public hearing, revoke a franchise issued under this Part for repeated or continual violations of this Part's requirements or the conditions of the franchise agreement, including the failure to pay the full franchise fee pursuant to subsection 380.608(b) hereof or failure of a franchisee to deliver all of franchisee's nonresidential solid waste which franchisee agreed, through its sworn affidavit, to deliver to Trail Ridge Landfill to qualify for and benefit from the lowest available landfill rate pursuant to subsection 380.605(a) hereof or a franchisee's failure to correct violations as directed pursuant to Section 380.610. Revocation of a franchise under this Part automatically results in the termination of any franchise agreement.

(b)

Operation of collection and transportation service following the revocation of a holder's franchise shall be a violation of this Part.

(c)

In the event a franchisee appeals issues related to a suspension or revocation to a court of law and the City prevails, the City shall be entitled to reasonable attorney's fees and costs.

(Ord. 93-1774-1411, § 1)

Sec. 380.612. - Violations and penalties.

It is unlawful for any person to violate any provision of this Part or an order of the Director entered pursuant to this Part.

(a)

A person who willingly, willfully, or with culpable negligence violates any provision of this Part or an order of the Director entered pursuant to this Part shall be guilty of a class F offense. Each day during any portion of which such violation occurs shall constitute a separate offense.

(b)

In addition to any other penalty, a person who violates any provision of this Part shall be liable for civil penalties up to $2,000 per offense. Each day during any portion of which such violation occurs shall constitute a separate offense. Such civil penalty shall be collected in a civil action brought in the name of the City.

(c)

The Director may also request the Office of General Counsel to institute proceedings for injunctive relief.

(Ord. 93-1774-1411, § 1; Ord. 2017-565-E, § 1)

Sec. 380.613. - Severability.

If any Section, paragraph, sentence, clause, phrase or portion of this Part is for any reason held invalid or unconstitutional by any court of competent jurisdiction such holding shall not affect the validity of the remaining portions hereof, and to this end, the provisions of this Part are declared severable.

(Ord. 93-1774-1411, § 1)

Sec. 376.112. - Assessment and recovery of civil penalty. Chapter 382 - WASTE COLLECTION AND DISPOSAL SERVICE BY CONTRACTORS AND CITY