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: 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.