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)