§ 118-104. Responsibilities of contractor and customer for solid waste collection.

The Contractor shall collect Solid Waste from Residential Real Property and Commercial Real Property, and Customers shall set out their Solid Waste for collection by the Contractor, as follows:

A.

All collection services provided by the Contractor under the terms of this Ordinance shall be performed in a professional manner in compliance with the Service Agreement, as amended, which is hereby incorporated into this ordinance and subject to the penalties provided herein, and all applicable local, state and federal laws. If there is any conflict between the Service Agreement and this Ordinance, this Ordinance shall take precedence. Any litter or spillage caused by the Contractor shall be removed immediately by the Contractor.

B.

Collection service shall be provided by the Contractor on Monday through Saturday, except Holidays. The Contractor shall not be required to provide collection service on Holidays or during a local emergency, as declared by the Board. Should a Holiday occur on the date designated as a Customer's collection day, the next collection for that Customer shall take place no later than the next regular collection day for the Customer. In the event of a Federal or State Disaster Declaration or Declared State of Emergency, collection services outlined in this Ordinance may be revoked, suspended or altered.

C.

Residential Real Property:

1.

Except as otherwise provided herein or in the Service Agreement, the Contractor shall collect, remove and dispose of the Solid Waste set out for collection by residential Customers. At a minimum, Residential Real Property in the Benefit Units shall be provided collection service at Curbside for the following materials, subject to the provisions of the Service Agreement: (a) Garbage and Rubbish; (b) Yard Trash/Biomass; (c) Program Recyclables; (d) Bulk Waste; (e) White Goods; (f) Tires; (g) Batteries; and (h) Electronic Equipment. Hazardous Waste shall not be placed in roll carts or curbside containers for collection by the contractor. Hazardous Waste should be taken to a county Recycling Drop-Off Center or the Hazardous Materials Collection Center for disposal, this includes pharmaceutical and medicinal waste and hypodermic devices (SHARPS) suitably contained in a heavy plastic container.

2.

Except as otherwise provided herein, residential Customers shall use Garbage Roll Carts for the collection of Garbage and Rubbish. Residential Customers may use heavy-duty plastic bags for excess Garbage or Rubbish. Yard Trash/Biomass containers may be used for the collection of garbage and rubbish in areas that are approved for such service by the Manager.

3.

Curbside Containers and Yard Trash/BioMass Containers are subject to the Manager's approval and shall: (a) be constructed so as to prevent intrusion by water; and (b) have a cover that is free from sharp edges; and (c) not have inside structures that prevent the free discharge of the container's contents. Curbside Containers, except Roll Carts, shall not exceed forty-five (45) gallons in capacity and fifty (50) pounds in weight when filled. The amount of discarded waste placed in a Garbage Roll Cart or Recycling Roll Cart shall not exceed the weight limit as specified on the Roll Cart.

4.

Program Recyclables shall be set out for collection in a Recycling Roll Cart. Program Recyclables may be set out in a Recycling Bin in areas approved by the Manager for such service. Cardboard placed in a Recycling Roll Cart or Recycling Bin shall be flattened and, if necessary, cut to a size to fit into the Recycling Roll Cart without binding or preventing the release of the recycling during collection. Cardboard may also be stacked and placed outside the Recycling Cart or Recycling Bin, any cardboard so stacked must be cut to a maximum size of 3 ft. x 3 ft. Residential Customers may use heavy-duty clear plastic bags for excess recyclables.

5.

Discarded materials from small household repairs, renovations or projects may be placed in a Garbage Roll Cart. No other Commercial and Demolition (C&D) Debris shall be placed at the Curbside. C&D generated by the property owner or tenant that cannot be contained within a Roll Cart shall be transported by the property owner or tenant to an approved county facility for disposal. C&D Debris generated on Residential Real Property by a licensed builder or contractor shall be removed by the builder or contractor.

6.

Garbage Roll Carts, Curbside Containers, Recycling Roll Carts, Recycling Bins, Yard Trash/Biomass Containers, and any non-containerized waste appropriate for Curbside collection shall be placed Curbside prior to 6:00 a.m. on the scheduled collection day. However, these containers and materials shall be placed at Curbside no earlier than 6:00 p.m. the day prior to the Customer's next regularly scheduled collection day. Such containers and materials shall be placed at least three (3) feet from mailboxes or other obstacles. The Customer shall remove from the Curbside all Curbside Containers, Garbage Roll Carts, Recycling Roll Carts and Recycling Bins by 6:00 a.m. on the day after the scheduled service is completed.

7.

A residential Customer shall not set out for collection more than four (4) Tires with or without rims less than 33 inches in diameter and two (2) lead acid batteries per month.

8.

A residential Customer shall contact the Manager at least forty-eight (48) hours before the Customer's regularly scheduled collection day if the Customer wishes to receive Curbside collection of White Goods, Electronic Equipment, Tires, or lead acid batteries.

9.

Garbage and similar putrescible waste shall not be collected, stored, or set out in an open, uncovered Collection Container.

10.

Solid Waste and Yard Trash/Biomass shall not be placed in the same Curbside Container.

11.

Yard Trash/Biomass shall not be placed in Garbage Roll Carts, Recycling Roll Carts, or Recycling Bins. Yard Trash/Biomass placed in Yard Trash/Biomass Containers shall not exceed fifty (50) pounds in weight, four (4) feet in length, or four (4) inches in diameter. Yard Trash/Biomass shall not be set out for collection in plastic bags. A combination of no more than ten (10) bundles, paper bags or personal containers will be collected at one time.

12.

Yard Trash/Biomass that is not placed in a Yard Trash/Biomass Container shall be bundled and securely tied with twine or other material strong enough to support the weight of the bundle. Non-containerized Yard Trash/Biomass shall not exceed fifty (50) pounds in weight, four (4) feet in length, or four (4) inches in diameter. The foregoing restrictions also shall apply to other types of non-containerized Solid Waste, except Bulk Waste and Extraordinary Waste.

13.

Customers shall not overfill Garbage Roll Carts, Recycling Roll Carts, or Commercial Containers such that lids cannot be fully closed. Overfilled roll carts and containers are a potential hazard when lifted by the automatic arm of the collection vehicles.

14.

The Contractor shall provide for the collection of Bulk Waste, White Goods, and Electronic Equipment, subject to the provisions of this Ordinance and the Service Agreement. Such materials shall be placed at Curbside and shall not include vehicles, vehicle component parts, boats or boat trailers or their component parts, or liquid waste. Further, Bulk Waste shall be disassembled, if possible, into sections or pieces of less than fifty (50) pounds in weight and four (4) feet in length, prior to pickup by the Contractor. Prior to placement at the Curbside, doors on White Goods shall be taken off the discarded units, or securely locked from the outside to prevent the entrapment of children.

15.

Garbage Roll Carts, Recycling Roll Carts, or Recycling Bins unserviceable due to loss or customer negligence, will be replaced, and the customer shall pay the contractor's invoice price plus a delivery fee. The invoice price is subject to change at the Manager's approval. The delivery fee is set forth in the Solid Waste Rate Resolution as amended.

16.

Owners of Residential Real Property may negotiate separate arrangements directly with the Contractor for services additional to those established herein and in the Service Agreement. The County shall not be responsible for the administration of or payment for any such arrangements.

D.

Ingress and Egress to Residential Real Property:

1.

Subject to the conditions contained herein, ingress and egress to Residential Real Property on private roads must be provided by the affected property owners for the Contractor. Ingress and egress includes, but is not limited to, maintaining suitable conditions and widths on the roads, providing adequate room for vehicles to turn around, and managing overhanging tree limbs. If part or all of a private road is inaccessible by the Contractor, the County shall investigate and provide suggestions to the appropriate Home Owner's Association (HOA) or property owners if there is no HOA. If the HOA or affected property owners do not agree to provide access for the Contractor, the Customer's Curbside Containers shall be placed on the closest public right-of-way that is accessible to the authorized Contractor, at a location designated by the Manager that will not obstruct motor vehicle traffic, pedestrian passage, or stormwater drainage.

2.

Owners of single family residences not exempt from the Special Assessment and receiving Residential Curbside Service, whose property is made incapable of receiving residential curbside collection as described in Section 19 (§ 118-104) of this Ordinance due to site conditions which prevent ingress and egress of collection vehicles and/or curbside placement of items for collection may apply for a permit to receive Residential Non-Curbside service in the form of commercial container service, provided that the following criteria are met, and approved by the Manager: (1) Property owners must make every reasonable effort to provide ingress and/or egress to collection vehicles before making application, (2) Placement of Garbage Roll Carts, Recycling Roll Carts, Yard Trash/Biomass and bulk waste at the nearest County right-of-way must be impossible or impractical due to public health, safety, welfare concerns, (3) The property owners must provide an area for commercial container placement that complies with the Collier County Land Development Code for commercial container enclosures and screening as amended, and (4) Should the site conditions that prevent ingress and egress of collection vehicles and/or curbside placement of items for collection be temporary, a plan for rectifying the condition along with timetables must be submitted with the application.

3.

Residential Customers who occupy a Multi-Family Residence or single family residence and who are not exempted from the special assessment and do not receive Residential Curbside Service due to temporary or permanent site conditions that prevent ingress and/or egress of collection vehicles, may make application to have Residential Non-Curbside Service, or Self Haul Exemption permit, subject to the Manager's approval.

E.

Commercial Real Property:

1.

Except as authorized by F.S. § 403.7046, the provisions of this Ordinance do not apply to the collection of Recovered Materials that are generated on Commercial Real Property.

2.

Except as otherwise provided herein, owners of Commercial Real Property shall enter into a contract with a Contractor and shall pay the County's approved rates for the collection of those types of Solid Waste that are subject to the Contractor's exclusive franchise. At a minimum all Commercial Real Property that generates Garbage and Rubbish shall contract for an appropriate size container for garbage storage and collection. Unoccupied and unused Commercial Real Property shall not be required to contract for solid waste collection service subject to inspection and verification of vacancy by authorized County Code Enforcement Official. Tenants of owners of Commercial Real Property, who run a commercial business may enter into a contract with a Contractor with the approval of the property owner. A copy of the current contract with the Contractor shall be available for inspection at the property being serviced. Any violations of this ordinance or other county ordinances by the tenant shall subject the property owner to the penalties hereinafter provided.

3.

The minimum collection frequency for Commercial Real Property shall be one time per week, with collection not more than seven (7) calendar days apart, except for Holidays. The minimum collection frequency for restaurants, grocery stores and other facilities that generate significant quantities of Garbage and other types of putrescible waste shall be twice per week. Organizers of Special Events shall, in accordance with the event permit, ensure that sufficient containers and collection frequency are contracted to maintain Garbage or Recyclables containment until final disposal can be accomplished.

4.

Collection service for Commercial Real Property shall be provided with a Commercial Container; however, a commercial Customer that generates one (1) cubic yard or less per week of Solid Waste may use up to two (2) Garbage Roll Carts. Where access or space restrictions prevent a two (2) cubic yard or greater Commercial Container from being provided, the Manager may approve a variance for additional Roll Carts to be used at the relevant Commercial Container rate.

5.

Commercial Waste. Residential Waste, and Yard Trash/Biomass shall not be placed in the same collection container. Commercial Containers shall be placed on a paved or concrete level surface. All approaches to Commercial Containers shall be capable of supporting the weight of the Collection vehicle. All Collection Containers shall be placed in locations that allow easy access and convenient use by Customers, and are readily accessible to the Contractor's vehicles. In the event the Customer and Contractor cannot agree upon an appropriate location for a Collection Container, the Manager shall mediate the dispute and designate the point of Collection.

6.

Where Commercial Real Property utilizes a contractor compactor or a third party compactor and any such compactor breaks down, alternative County approved Commercial Container(s) must be provided or contracted and serviced at appropriate frequencies until the compactor is repaired and returned to service.

F.

Multi-Family Collection Service:

1.

Customers occupying Multi-Family Residences shall receive residential curbside collection service or residential non-curbside collection service. A Customer occupying a Multi-Family Residence shall receive residential curbside collection service if the Customer pays the County's Special Assessment or receives the Manager's approval for such service. All other Customers occupying Multi-Family Residences shall receive residential non-curbside collection service.

2.

A Customer occupying a Multi-Family Residence and receiving residential collection curbside service shall receive the same level of service, and shall be subject to the same rates and requirements, and set out times as any other Customer receiving residential curbside collection service.

3.

A Customer occupying a Multi-Family Residence and receiving residential non-curbside collection service shall receive the same level of service, and shall be subject to the same rates and requirements, as any other Customer receiving commercial collection service.

4.

The Contractors exclusive franchise for the collection of Residential Program Recyclables includes the collection of program Recyclables generated by those customers that occupy Multi-Family Residences, even if the customers receive Non-curbside Collection Service.

5.

Solid Waste Collection Enclosures - Accessory Structures: All newly constructed buildings for commercial, industrial or Multi-Family use shall provide sufficient commercial containers in proper enclosures, as approved by the Manager, to adequately contain all solid waste generated on the premises between collections. Any commercial, industrial or Multi-Family user who is now using an approved solid waste container other than a commercial container shall be permitted to continue that use until such time as significant modifications or alterations are made to the building or the use thereof. At that time, the Financial Operations Division shall determine if commercial containers are required. All commercial, industrial or Multi-Family users shall provide an approved commercial container or other solid waste container as preapproved by the County.

G.

Non-Collection Procedures:

1.

The Contractor is not required to collect Solid Waste, Program Recyclables, or other materials unless such materials have been set out for collection by a Customer in accordance with the provisions of this Ordinance and the Service Agreement. If such materials are not collected, the Contractor shall immediately place a Non-Collection Notice on the container or Non-Conforming Material. If the Contractor does not place a Non-Collection Notice on the container or Non-Conforming Material, the Manager may require the Contractor to return promptly and collect the materials.

2.

The Contractor may leave Non-Conforming Material, Non-Program Recyclables, and excessively contaminated recyclables in the Customer's Recycling Cart or Recycling Bin. If the Contractor does, the Contractor shall immediately place a Non-Collection Notice explaining why the material was not collected.

3.

In the event a Commercial Container is overfilled and cannot be safely dumped, the Contractor shall immediately place a Non-Collection Notice on the Commercial Container, notify the Customer, and reschedule service.

4.

The Contractor shall refuse to collect Solid Waste from a Customer if the Contractor believes that the Solid Waste contains Hazardous, Radioactive, Biological or Biomedical Waste. If the Contractor believes a Customer is depositing such waste for collection, the Contractor shall place a Non-Collection Notice on the container, take photographs of the improper waste (if possible), and immediately notify the Manager. If the generator of such waste is unknown, the Contractor shall work with the Manager to identify the generator of such waste.

5.

The Manager may determine that solid waste that is non-conforming, improperly prepared or improperly set out, may constitute a significant risk to the public health, safety and welfare and may remove the items or cause the items to be removed by a Contractor and may pass the cost of removal along to the property owner.

(Ord. No. 2005-54, § 19; Ord. No. 2015-38, § 4)