§ 118-86. Definitions.

A.

For the purposes of this Ordinance, the definitions contained in this Section 1 (§ 118-86) shall apply unless otherwise specifically stated. When not inconsistent to the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely discretionary.

1.

Assessment Roll: The list that identifies all of the taxable real property in Collier County, as described in Section 8 of this Ordinance (§ 118-93).

2.

Benefit Unit: Each of the two (2) municipal service benefit units established hereunder.

3.

Biological Waste: Those wastes that cause or have the capability of causing disease or infection including, but not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. This term does not include human remains that are disposed of by Persons licensed under F.S. ch. 470.

4.

Biomedical Waste: Any solid or liquid waste which may present a threat of infection to humans, including non-liquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease-causing agents; and discarded sharps. The following are also included:

(a)

used absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood;

(b)

absorbent materials saturated with blood or blood products that have dried; and

(c)

non-absorbent, disposable devices that have been contaminated with blood, or body fluids or secretions or excretions visibly contaminated with blood, if the devices have not been treated by an approved method.

5.

Board: The Board of County Commissioners of Collier County, Florida, or the Board's designee.

6.

Bulk Waste: Any large discarded household item that cannot be placed in a Curbside Container because of its size, volume, shape or weight. Bulk Waste includes, but is not limited to, sofas, tables, sinks, toilets, other fixtures, furniture, ladders and carpet. Bulk Waste does not include White Goods, Electronic Equipment or Extraordinary Waste.

7.

Certificate of Occupancy, or Certificate of Completion: A document issued by the County certifying that a newly constructed building has been constructed in compliance with County specifications and is suitable for use.

8.

Clerk: The Clerk of the Circuit Court of Collier County, Florida, acting as the Clerk of the Board, or the Clerk's designee.

9.

Collection: The process of picking up, transporting, and dropping off Residential Waste and Commercial Waste at the Designated Sites; or the process of picking up, transporting, and dropping off Exempt Materials at a licensed disposal site or Recycling Facility.

10.

Collection Container: Any container approved by the Manager for storage and collection of Solid Waste.

11.

Collection Service: Residential Curbside and Non-curbside Collection Service and/or Commercial Collection Service.

12.

Commercial Container: A dumpster, roll-off container, compactor, or other container, that is approved by the Manager for the collection of Solid Waste or Recyclable Materials from commercial Customers. Commercial containers used for garbage or recycling shall have lids which remain closed except when materials are being deposited.

13.

Commercial Real Property: Real property that is located in a Benefit Unit and not classified as Residential Real Property. Commercial Real Property includes property used primarily for: (a) commercial purposes, such as hotels, motels, stores, restaurants, theaters, service stations, agriculture, horticulture, and recreational vehicle parks; (b) institutional purposes, such as governmental offices, churches, hospitals, and schools; and (c) not-for-profit organizations. Commercial Real Property shall not include commercially zoned property that is used primarily for residential purposes. Vacant land, not classified as Improved Real Property, shall be deemed Commercial Real Property.

14.

Construction and Demolition (C&D) Debris: Discarded materials generally considered to be not water soluble and non-hazardous 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 renovation of a structure, and including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project and clean cardboard, paper, plastic, wood and metal scraps from a construction project, effective January 1, 1997, except as provided in F.S. § 403.707(12)(i), F.S., unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures of their components and unpainted, non-treated 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 generating industry necessary to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. 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.

15.

Contractor: The Person(s) authorized by the County to collect and transport Solid Waste in a Service District pursuant to a Service Agreement.

16.

Curbside: A location within three (3) feet of the curb, pavement, or edge of the nearest street. If this location is in a drainage ditch, Curbside shall mean a location adjacent to the Customer's driveway, as close as possible to the nearest roadway.

17.

Curbside Container: (a) a metal or plastic container with a tight fitting lid, with two handles on the sides, with or without wheels, used for the collection of Garbage and Rubbish; and (b) a heavy duty plastic bag sufficient in strength for handling by the Contractor, used to contain excess garbage and rubbish, provided the bag is closed and unbroken at the time of collection.

18.

Customer: Any Person that uses a Contractor's services for the collection of Solid Waste, as provided by this Ordinance.

19.

Division: The Collier County Public Utilities Department, Financial Operations Division or the County division to which the Manager assigns the responsibility of administering this Ordinance.

20.

Dwelling Unit: A room or rooms constituting a separate, independent establishment with cooking facilities/kitchen, a separate entrance, and bathroom facilities, and physically separated by a wall or a door from any other rooms or Dwelling Units which may be in the same structure or in separate structures. A hotel or motel room is not a Dwelling Unit.

21.

Electronic Equipment: Electronic devices that have been discarded, including, but not limited to, computers, monitors, televisions, cathode ray tubes, printers, scanners, fax machines, game machines and telephones.

22.

Exemption Permit: The County's authorization for a Person, other than a Contractor, to collect, transport and dispose of Solid Waste, as provided in Section 21 of this Ordinance (§ 118-106).

23.

Extraordinary Wastes: Wastes that require extraordinary management, including, but not limited to: abandoned automobiles; boats; tree trunks greater than four (4) feet in length, four (4) inches in diameter and fifty (50) pounds in weight; dead animals; agricultural and industrial wastes; Biomedical Waste; Biological Waste; Radioactive Waste; and Hazardous Waste.

24.

Garbage: All kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials.

25.

Garbage Roll Cart: A heavy-duty plastic container that is mounted on two wheels, complies with the specifications established by the Manager, and is used for the collection of Garbage and Rubbish.

26.

Hazardous Waste: Solid Waste, or a combination of Solid Wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Hazardous Waste includes any material or substance identified as a Hazardous Waste or hazardous substance in the Florida Administrative Code, Florida Statutes, or other applicable law.

27.

Holiday: Independence Day, Thanksgiving Day, Christmas Day, and any other day so designated by the Board of County Commissioners.

28.

Improved Real Property: Any cleared, graded or drained real property upon which a building or structure is erected and occupied or capable of being occupied (i.e., a County Certificate of Occupancy has been issued) for residential, commercial, institutional or industrial use. Improved Real Property includes but is not limited to, recreational vehicle parking lots contained within parks designated as mobile home parks by the County Health Department.

29.

Land Clearing Debris: Means rocks, soils, tree remains, trees and other vegetative matter which normally results from land clearing or land development operations for a construction project. Land Clearing debris does not include vegetative matter from lawn maintenance, farming operations, nursery operations, or any other source not related directly to a construction project.

30.

Manager: The County Manager of Collier County, Florida, or the Manager's designee.

31.

Multi-Family Residence: A group of three or more Dwelling Units within a single building, attached side-by-side or one above another, wherein each Dwelling Unit may be individually owned or leased on land which is under common or single ownership.

32.

Non-Collection Notice: A durable tag or sticker used to notify a Customer that the Customer's container or waste material has not been set out in compliance with the requirements of this Ordinance.

33.

Non-Conforming Residential Waste: Any non-recyclable material that is set out for collection in a specified container that is not in accordance with the requirements of this ordinance.

34.

Non-Program Recyclables: Recyclable Materials that are not Program Recyclables, but are segregated from other materials in the waste stream.

35.

Person: Any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government.

36.

Primary Service: The type of service regarded as the primary service to any property that consists of mixed residential and commercial customers.

37.

Private Hauler: Any person and or enterprise engaged in the private business of collecting and transporting Commercial Recyclables.

38.

Program Recyclables: Recyclable Materials that have been designated by the Board for collection from residential and/or commercial Customers, and are segregated from other materials in the waste stream.

39.

Radioactive Waste: Any equipment or materials that are radioactive or have radioactive contamination, and are required by law to be stored, treated, or disposed of as radioactive waste.

40.

Rate Resolution: A resolution adopted by the Board under the provisions of Section 9 (§ 118-94) of this Ordinance and Collier County Ordinance No. 84-31, establishing: (a) the annual Special Assessments to be imposed upon the owners of Residential Real Property in the Benefit Units for the forthcoming fiscal year (October 1 through September 30 of the following year); (b) the rates, fees and charges for the collection of Solid Waste by the Contractor(s) from Commercial Real Property; and (c) the rates, fees and charges for the disposal of Solid Waste at the County-authorized Solid Waste management facilities.

41.

Recovered Materials: Metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. Recovered Material does not include any material or substance that does not fit within one of the six categories described in this definition (metal, paper, glass, plastic, textile, or rubber).

42.

Recyclable Materials: Materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. This term encompasses Program Recyclables and Non-Program Recyclables.

43.

Recycling Bin: An eighteen (18) gallon green bin or similar container that is approved by the Manager and used for the collection of Program Recyclables.

44.

Recycling Roll Cart: A heavy-duty plastic container that is mounted on two wheels, has a yellow lid and complies with the specifications established by the Manager, and is used for the collection of Recyclable Materials.

45.

Residential Customer: A Person who occupies Residential Real Property located within a County established municipal service benefit unit and who receives Residential Curbside Collection Service or Residential Non-Curbside Collection Service.

46.

Residential Non-Curbside Collection Service: The collection of residential Waste from Residential Customers who occupy a Multi-Family Residence and who do not receive Residential Curbside Collection Service.

47.

Residential Non-Curbside Collection Service Exemption: The collection of Residential Waste from 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 which prevent ingress and/or egress of collection vehicles.

48.

Residential Real Property: Improved Real Property that is located in a Benefit Unit and used for residential purposes, including, but not limited to: Dwelling Units; single family residences; duplex apartments; apartment buildings; recreational vehicle lots; mobile homes lots; condominium units; cooperatives established pursuant to F.S. ch. 719; time-share apartments; leased residential premises of the classes described above, whether occupied or not; and premises occupied as a residence located in or upon commercially zoned real property; provided, however, that where property is used exclusively as a recreational vehicle park, as defined in F.S. § 513.01(10), such property shall be deemed Commercial Real Property.

49.

Roll Cart: A heavy-duty plastic container that is mounted on two wheels and complies with the specifications established by the Manager.

50.

Rubbish: Waste materials, other than Garbage, resulting from normal housekeeping activities on Residential Real Property and Commercial Real Property. Rubbish includes but is not limited to, discarded trash, and recyclables such as paper, plastic, bottles, cans and similar materials.

51.

Self Hauler: Any owner, occupier, or authorized agent of Real Property approved by the Manager to remove Solid Waste generated on their own premises. The owner of multiple properties may service all such properties.

52.

Service Agreement: An agreement between the County and a Contractor providing an exclusive franchise for the collection of Solid Waste in a Service District.

53.

Service District: The area served by a Contractor pursuant to a Service Agreement.

54.

Service Year: Twelve (12) consecutive months, beginning on October 1 and ending on September 30 of the following year.

55.

Sludge: The accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances.

56.

Solid Waste: 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, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid Waste includes but is not limited to, Biological Waste, Biomedical Waste, Bulk Waste, C&D Debris, Electronic Equipment, Garbage, Hazardous Waste, Land Clearing Debris, Radioactive Waste, Recyclable Materials (until they are recycled), Rubbish, Special Waste, Tires, White Goods and Yard Trash/Biomass.

57.

Special Assessment: The non-ad valorem assessment that is levied upon certain real property in unincorporated Collier County and used to provide funding for the County's Solid Waste management program.

58.

Special Assessment Roll: The list that is prepared pursuant to Section 10 (§ 118-95) of this Ordinance and identifies the properties in the Benefit Units that are subject to the Special Assessments.

59.

Special Events: Special Events are those events requiring a Temporary Use Permit, the issuance of which subjects the applicant to enter into a contract with the County's designated contractor for garbage collection and the submission of a recycling plan for the duration of the event.

60.

Special Waste: Solid Waste that can require special handling and management, including, but not limited to, White Goods, Tires, used oil, lead-acid batteries, C&D Debris, ash residue, Yard Trash/Biomass, Biological Waste, Hazardous Waste, and Biomedical Waste.

61.

Tires: Discarded automotive tires, including rims, but excluding tires that exceed 33 inches in diameter.

62.

Trust Fund: The Solid Waste Special Assessment Trust Fund established by Section 6 of this Ordinance (§ 118-91).

63.

White Goods: Large discarded appliances, including but not limited to, refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers and air conditioners or similar domestic and commercial large appliances.

64.

Yard Trash/Biomass: Vegetative matter resulting from landscaping maintenance, including, but not limited to, shrub and tree trimmings, grass clippings, palm fronds, branches and stump. However, such items shall not be considered Yard Trash/Biomass if they are collected by a commercial landscape company or other Person that provides lawn and garden maintenance services for remuneration.

65.

Yard Trash/Biomass Container: (a) A metal or plastic container, with two handles, with or without wheels, with a capacity not to exceed forty-five (45) gallons, designed by the manufacturer for the purpose of containing solid waste; (b) A paper sack designed by the manufacturer for the purpose of containing yard trash/biomass. All Yard Trash/Biomass containers are subject to the approval of the Manager.

B.

Pursuant to F.S. § 403.7031, the definitions in this Section 1 (§ 118-86) are intended to be consistent with the definitions contained in F.S. § 403.703.

(Ord. No. 2005-54, § 1; Ord. No. 2015-38, § 1)