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)