Chapter 386 - WASTE FLOW CONTROL

Sec. 382.701. - User fee imposed. Chapter 387 - MANATEE PROTECTION Chapter 386 - WASTE FLOW CONTROL[1]

Footnotes: --- (1) ---

Cross reference— Solid waste management, Ch. 380; waste collection and disposal service by contractors and City, Ch. 382.

State Law reference— Resource recovery and management, F.S. § 403.702 et seq.; definitions required to conform to F.S. § 403.703, F.S. § 403.7031; local government solid waste responsibilities, F.S. § 403.706.

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

PART 1. - GENERAL PROVISIONS

Sec. 386.101. - Purposes and findings.

(a)

Purposes. This Chapter is adopted pursuant to F.S. Ch. 403, Pt. IV, and Laws of Fla. Ch. 86-462 for the following purposes:

(1)

To effectuate a County-wide system for the management of all solid waste generated within or brought into the County of Duval in order to protect the public health and safety and to improve the environment of the County; and

(2)

To carry out the express responsibility of the County with regard to solid waste as set forth in F.S. Ch. 403, Pt. IV, and Laws of Fla. Ch. 86-462. In addition to the authorization in Laws of Fla. Ch. 86-462 and F.S. Ch. 403, this Chapter is an exercise of the City's powers as a County under Section 3.01, Charter of the City of Jacksonville.

(b)

Findings:

(1)

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 Duval County. Although Laws of Fla. Ch. 86-462 is self-executing, it is in the best interest of the City to define the City's plan for regulating the flow of solid waste generated or brought into the County. The regulation of the flow of solid waste in Duval County is critical to effective regulation and is essential to meeting State goals.

(2)

Certain solid waste including but not limited to biohazardous waste, waste tires, and used oil, due to their quantity, concentration or physical, chemical, biological or infectious characteristics, may be hazardous to human health, safety and welfare and to the environment, and exceptional attention to transportation disposal, storage and treatment of such waste is necessary to protect human health, safety and welfare and the environment.

(3)

The flow of all solid waste generated in or brought into Duval County for disposal which is required to be disposed of in a class I solid waste disposal area shall be directed to a class I solid waste disposal area owned by the City of Jacksonville.

(Ord. 90-297-170, § 1)

Sec. 386.102. - Exercise of County powers; territorial application of the Chapter.

This Chapter is an exercise of the City's powers as a County under Section 3.01, Charter of the City of Jacksonville. This Chapter shall apply throughout the General Services District.

(Ord. 90-297-170, § 1)

Sec. 386.103. - Definitions.

As used or referred to in this Chapter, unless the context otherwise requires:

(a)

Reserved.

(b)

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

(c)

Municipality, or any like term, means a municipality created pursuant to general or special law authorized or recognized pursuant to general or special law authorized or recognized pursuant to Fla. Const. Art. VIII, § 2 or § 6 and, when F.S. § 403.706(20) applies, means a special district or other entity.

(d)

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.

(e)

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 F.S. § 403.703(7) are not solid waste.

(f)

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 and long-term maintenance.

(g)

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.

(h)

Solid waste management facility means any solid waste disposal area, volume reduction plant, transfer station, or other facility, the purpose of which is the recovery of resources 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.

(i)

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

(j)

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 nonliquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; discarded disposable 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. The term does not include human remains that are disposed of by persons licensed under F.S. Ch. 470.

(k)

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.

(l)

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

(m)

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.

(n)

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 roofing 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, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. 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. The term also includes:

(1)

Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;

(2)

Except as provided in F.S. § 403.707(12)(j), unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and

(3)

De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry.

(o)

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

(p)

Director means the Manager of the Office of Administrative Services.

(q)

Special wastes means solid wastes 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, and biological wastes.

(r)

Certificate means a certificate of public convenience and necessity under Chapter 380, Ordinance Code.

(s)

Designation means chosen by the City of Jacksonville to receive solid waste generated in or brought into the County. Only facilities holding a certificate under Chapter 380, Ordinance Code may receive designation.

(t)

Service agreement means an agreement between the City of Jacksonville and a designated facility which includes conditions and terms upon which the facility may operate within Duval County.

(u)

Host fee means a fee payable by the facility to the City of Jacksonville for the privilege of receiving solid waste generated in or brought into the County.

(v)

Tipping fee means the fee charged to the customer by the facility for the receipt or disposal, processing or management of solid waste.

(w)

Class I solid waste disposal area means a disposal facility which receives an average of 20 tons or more per day, if scales are available, or 50 cubic yards or more per day of solid waste, as measured in place after covering, and which receives an initial cover daily.

(x)

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

(Ord. 90-297-170, § 1; Ord. 94-144-121, § 15; Ord. 2008-513-E, § 1; Ord. 2025-30-E, § 17)

PART 2. - MANAGEMENT OF SOLID WASTE, DESIGNATION, AND REVOCATION OF DESIGNATION

Sec. 386.201. - Disposal of solid waste.

The Director is hereby authorized and directed to designate:

(a)

By written statement, from time to time, one or more solid waste management facilities to be used for the disposal or management of solid waste generated or brought within the County of Duval, which designation may include a determination that a particular solid waste disposal or management facility shall be the only facility used for the disposal or management of solid waste generated or brought within all of, or a described area within, the County of Duval or by a particular person or persons. Such written designation of a facility shall be filed with the Secretary of the Jacksonville City Council.

(b)

In his designation the Director may address solid waste as defined herein or individual types of solid waste including but not limited to: construction and demolition debris, clean debris, biohazardous waste, yard waste or any other special waste and may direct their flow independently.

(c)

All solid waste disposal and management facilities, and construction and demolition debris disposal sites within Duval County must hold a current and valid certificate of public convenience and necessity issued pursuant to Chapter 380, Ordinance Code, in order to be considered by the Director for designation to receive solid waste generated or brought into the County.

(d)

Notwithstanding any provision of this Chapter or Chapter 380, sludge disposal or utilization sites which do not require a certificate under Chapter 380, shall, likewise, not be required to receive designation or a franchise. Such sites shall meet the requirements of Chapter 474, Ordinance Code. Sec. 386.202. - Service agreement.

(a)

In the event a privately-owned solid waste disposal or management facility other than a class I landfill or a privately operated solid waste disposal or management facility is designated to receive solid waste or construction and demolition debris either generated or brought into Duval County, the private facility must obtain a service agreement approved by the Jacksonville City Council prior to the receipt of solid waste. Such service agreement shall include the business address of the private facility where any notice to be delivered pursuant to this Chapter can be delivered by United States mail, certified delivery, and shall also include all details reasonable and necessary for the regulation of the operation of the facility which may include:

(1)

Hours of operation;

(2)

Tipping fee;

(3)

Host fee;

(4)

Timetable for amendment or adjustment to host fee and tipping fee;

(5)

Types of material to be accepted;

(6)

Areas of the County to be served by the facility;

(7)

Bond and insurance requirements;

(8)

Methods for the management of special wastes;

(9)

Control and restriction of public access to the site through fencing;

(10)

Conceptual closure plan; and

(11)

Other requirements necessary to ensure proper treatment and or disposal of solid waste and the proper operation and closure of the facility.

(b)

The Director shall negotiate the terms of all service agreements on behalf of the City and present his recommended service agreements to the City Council for their approval, denial or modification. All provisions, guarantees and representations associated with the certificate shall be incorporated in the service agreement. No holder of a certificate shall have a right to a service agreement or to designation by the Director.

(c)

All service agreements shall have a specific commencement and termination date. Service agreements are not renewable as a matter of course or as a matter of right.

(d)

All amendments to the service agreement during its term shall be negotiated by the Director and approved, denied or modified by the City Council.

(Ord. 90-297-170, § 1)

Sec. 386.203. - Designation.

(a)

In making any designation regarding waste flow under Section 386.201, the Director shall give due consideration to the following criteria:

(1)

Size of facility.

(2)

Location of facility.

(3)

Remaining capacity of facility.

(4)

Operational capabilities.

(5)

Type of solid waste.

(6)

Origin of waste.

(7)

Environmental safeguards of the facility.

(8)

Whether the facility is owned by the City.

(9)

Whether the designation will best serve the overall needs of the City.

(10)

Whether the designation assists the City to meet its goals, objectives or policies as delineated in the Comprehensive Plan.

(11)

Alternative facilities available for designation.

(b)

No person shall dispose of or receive solid waste generated within or brought into the County of Duval, except at a solid waste disposal or management facility designated by the Director in accordance with this Section.

(c)

The Director is hereby authorized to promulgate, in writing, such rules and regulations as he shall determine to be necessary to effectuate the purposes of this Chapter. Rules and regulations promulgated pursuant to this Section shall be in writing and filed with the Secretary of the Jacksonville City Council. Such rules and regulations shall take effect within 60 days after filing unless or until rescinded or modified by appropriate resolution of the Jacksonville City Council.

(d)

Designations shall terminate as follows:

(1)

Upon redesignation by the Director if the facility is owned and operated by the City.

(2)

Upon termination of the service agreement if the facility is privately owned or privately operated.

(Ord. 90-297-170, § 1)

Sec. 386.204. - Revocation of designation.

(a)

Grounds. In addition to any other penalty, the Council may with or without the recommendation of the Director, revoke a designation for:

(1)

Violation of terms or conditions of the service agreement.

(2)

Failure to perform in accordance with the terms and conditions of the service agreement.

(3)

Violation of any rule or regulation promulgated by the Director pursuant to this Chapter.

(4)

Violation of any requirement of this Chapter.

(5)

Failure to comply with Rules or Regulations of the State of Florida Department of Environmental Protection or the State of Florida Department of Health.

(6)

Failure to comply with federal, State or local permit requirements for the particular facility.

(7)

Revocation or suspension of the facility's certificate.

(8)

Changes in the City's integrated solid waste disposal system, including but not limited to changes in demand, demography, available technology or economics.

(b)

Procedures:

(1)

For those facilities not owned by the City, the Director shall provide the owners and operators of a designated facility with written notice of the proposed cause for revocation and of the date, time and place of a revocation hearing to be conducted by the Director. At the revocation hearing the designated facility shall have the opportunity to respond, to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence and to be represented by counsel. Written notice may be delivered at the place of business by certified mail or by posting and shall be given at least 15 days prior to the hearing date.

(2)

After the hearing, the Director may enter a recommended order proposing revoking the designation or denying revocation. A copy of the recommended order shall be delivered to the designated facility at the place of business by certified mail or by posting within 15 days. The recommended order, findings and record of the proceeding shall be forwarded to the City Council of Jacksonville for final action.

(3)

The Director may revoke or amend a designation of a City owned facility at any time based on the needs of the City and without a hearing or Council action. Where City owned facilities are operated by private enterprise, the rights and remedies pertaining to revocation or amendment to designation of the operators and the City shall be set forth in the service agreement negotiated between the parties.

(4)

In the event the designation or certificate of public convenience and necessity under Chapter 380 is revoked or terminated the service agreement shall automatically terminate.

(Ord. 90-297-170, § 1)

PART 3. - PENALTIES AND ENFORCEMENT

Sec. 386.301. - Penalty.

It shall be unlawful and a class D offense for any person to:

(a)

Violate the terms or conditions of the service agreement.

(b)

Fail to perform in accordance with the terms and conditions of the service agreement.

(c)

Violate any rule or regulation promulgated by the Director pursuant to this Chapter.

(d)

Violate any requirement of this Chapter.

(e)

Fail to comply with Rules or Regulations of the State of Florida Department of Environmental Protection or the State of Florida Department of Health.

(f)

Fail to comply with State permit requirements for the particular facility.

(Ord. 90-297-170, § 1)

Sec. 386.302. - Enforcement.

It shall be the responsibility of the Director, in consultation with the Office of General Counsel, to enforce the provisions of this Chapter and all rules and regulations or designations made pursuant thereto. Such enforcement shall be by legal or equitable proceedings including, without limitation, a proceeding for specific performance, brought in the name of the County of Duval, as may be provided or authorized by law.

(Ord. 90-297-170, § 1)

Sec. 386.303. - Reserved.

Editor's note— The provisions of former § 386.303, relative to severability, were deleted as part of the Super Supplement to the Code. Former § 386.303 derived from Ord. 90-297-170, § 1.

Sec. 382.701. - User fee imposed. Chapter 387 - MANATEE PROTECTION