§ 16-1. Definitions.

(a)

When used in this chapter 16, the following words, terms, and phrases shall have the meanings ascribed to them in this section 16-1:

(1)

Administrator means the county administrator of Marion County or the administrator's designee.

(2)

Agricultural waste means the solid waste that is produced as a result of normal farming operations, or the raising or slaughtering of animals or livestock, or the processing of animal products or orchard, grove or field crops, and is stored, transported, or disposed of as an unwanted waste material.

(3)

Applicable law means any applicable local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar binding determination, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body.

(4)

Assessable property means all parcels of residential property included on the assessment roll that receive a special benefit from the county's solid waste systems, services and facilities.

(5)

Assessment coordinator means the person designated by the county to administer the solid waste assessment or such person's designee.

(6)

Assessment roll means a non-ad valorem special assessment roll, which contains a list of assessable property that is prepared by the assessment coordinator and approved by the board.

(7)

Baseline landfill means the county's landfill on Baseline Road in Marion County, Florida.

(8)

Board means the Board of County Commissioners of Marion County, Florida.

(9)

Building means any structure, whether temporary or permanent, built for the support, shelter or enclosure of persons, chattel or property. This term includes mobile homes, but not recreational vehicles.

(10)

Bulk waste means any large discarded 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, sinks, toilets, fixtures, mattresses, box springs, furniture, ladders, carpet, and white goods.

(11)

Class III waste means yard trash; construction and demolition debris; processed tires; asbestos; carpet; cardboard; paper; glass; plastic; furniture, but not appliances; and other similar materials that are approved in advance by the FDEP, based on the FDEP's determination that such materials are not expected to produce leachate that poses a threat to public health or the environment.

(12)

Clerk means the Clerk of the Circuit Court of Marion County or the clerk's designee.

(13)

Code means the Code of Ordinances of Marion County.

(14)

Code enforcement board means the Marion County Code Enforcement Board.

(15)

Collection means the process of picking up, transporting, delivering, and depositing solid waste, including recyclable materials, at a solid waste management facility.

(16)

Collection container means curbside containers, mechanical containers, and recycling containers.

(17)

Collection service means commercial collection service, residential collection service, or both, depending on the context.

(18)

Commercial collection service means the collection of commercial waste from commercial property by any person other than the owner or occupant of the property.

(19)

Commercial property means all real property that is located in the unincorporated area of the county and not classified as residential property. Commercial property includes property used primarily for: (a) commercial purposes, such as hotels, motels, stores, restaurants, theaters, service stations, and recreational vehicle parks; (b) institutional purposes, such as governmental offices, churches, hospitals, and schools; and (c) not-for-profit and charitable organizations. Commercial property includes commercially zoned property that is used primarily for residential purposes. Vacant land, not classified as improved property, is commercial property.

(20)

Commercial waste means garbage, rubbish, and class III waste generated on commercial property.

(21)

Construction and demolition debris means discarded materials generally considered to be not water-soluble and nonhazardous 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 from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land-development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes: (a) clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) except as provided in section 403.707(9)(j), Florida Statutes, yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects; (c) scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding, concrete, and similar materials from industrial or commercial facilities; and (d) de minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry.

(22)

Consumer price index ("CPI") means the "Consumer Price Index - Urban Wage Earners and Clerical Workers (CPI-W), South Urban, All Items, Base Period 1982-84 = 100, Not Seasonally Adjusted, Series ID: CWUR0300SA0," as published by the U.S. Department of Labor, Bureau of Labor Statistics, or a successor agency.

(23)

County means, depending on the context, either (a) the geographical area contained within unincorporated Marion County, Florida, or (b) the government of Marion County, acting through the board or the board's designee.

(24)

Curbside means the physical location where curbside containers shall be placed for residential collection service. This location shall be as close as practicable to the street used by the franchise holder's vehicle.

(25)

Curbside container means a garbage can, roll cart, or similar receptacle that is made of metal or heavy-duty rigid plastic and used for the collection of solid waste.

(26)

Customer means any person that uses a franchise holder's commercial collection service or residential collection service.

(27)

Customer list means a current, accurate list of all customers served by a franchise holder.

(28)

Director means the Solid Waste Director of Marion County, Florida, or the director's designee.

(29)

Dumpster means a collection container that is designed to hold at least two (2) cubic yards of commercial waste and is emptied into a front-end loading garbage truck or similar vehicle with a hydraulic lifting mechanism or similar equipment.

(30)

Dwelling unit means a room or rooms constituting a separate, independent living area with cooking facilities or kitchen, a separate entrance, and bathroom facilities, that are physically separated from any other rooms or dwelling unit in the same structure or in separate structures. A mobile home is a dwelling unit; however, a hotel room, motel room, or recreational vehicle is not.

(31)

FDEP means the Florida Department of Environmental Protection and any successor agency.

(32)

Fiscal year means that period commencing October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by applicable law as the fiscal year for the county.

(33)

Franchise fee means the fee paid by the franchise holder for: (a) the use of the streets, alleys, bridges, easements, and other public places in the county; and (b) the right to provide collection service in the county.

(34)

Franchise holder means a person that is authorized by the board to provide commercial collection service, residential collection service, or both in the county.

(35)

Garbage means 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.

(36)

Gross receipts means all of the fees, charges and costs that are collected by a franchise holder based on, arising out of, attributable to, or in any way derived from the services the franchise holder provides pursuant to its franchise. Gross receipts include but are not limited to the revenues that are collected pursuant to a franchise for: the franchise holder's collection service; the use, rental, maintenance or relocation of the franchise holder's collection containers and equipment; and the franchise holder's surcharges. Gross receipts do not include (a) sales taxes and other taxes collected by the franchise holder or (b) revenues that are derived from the collection of yard trash or construction and demolition debris.

(37)

Hazardous waste means 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, or otherwise managed. This term does not include human remains that are disposed of by a person licensed under chapter 497, Florida Statutes.

(38)

Improved property means any cleared, graded or drained real property in the county upon which a building or structure is erected and occupied or capable of being occupied (i.e., a certificate of occupancy has been issued) for residential, commercial, institutional or industrial use.

(39)

Institutional property means improved property that is used primarily for a public purpose, even if the property is privately owned, such as property used by or for schools, universities, hospitals, and churches.

(40)

Junk means any litter, debris, waste materials of any kind, dead or decaying vegetation or vegetative refuse, dead animals, used or unserviceable automobile and machinery parts, used and nonfunctional furniture and appliances, and used and nonfunctional tools, equipment, and implements, but shall not include compost piles for personal, noncommercial use.

(41)

Law enforcement officer means any officer of the Florida Highway Patrol, the county sheriff's department, a municipal law enforcement department, or a law enforcement department of any other political subdivision or agency of the State of Florida. In addition, and solely for the purposes of section 16-63, Law enforcement officer means any employee of the county that is designated by the administrator as a litter enforcement officer or a county code inspector.

(42)

Litter means any garbage; rubbish; solid waste; trash; refuse; can; bottle; box; container; paper; tobacco product; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; illegal signs; or waste substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

(43)

Litter receptacle means a collection container with a capacity of ten (10) gallons or more, that has been constructed and placed for use as a depository for litter.

(44)

Materials recovery facility means a solid waste management facility that provides for the extraction from solid waste of recyclable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.

(45)

Mechanical container means a dumpster, roll-off container, compactor, or other large container that is used for the collection of solid waste and unloaded with mechanical equipment. Mechanical containers are larger than and do not include curbside containers.

(46)

Motor vehicle means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, or any other vehicle that is powered by a motor.

(47)

Multi-family dwelling unit means any building or structure containing two or more dwelling units held under common ownership.

(48)

Municipal service benefit unit ("MSBU" or "Unit") means a financing unit using non-ad valorem assessments on lands within the unincorporated jurisdiction of the county (and pursuant to appropriate procedures, a municipality) in which the county manages the provision of certain municipal services which may be financed by property taxes, service charges or non-ad valorem special assessments pursuant to the home rule power of the county and sections 125.01(1)(q) and (r), Florida Statutes.

(49)

Municipality means any incorporated city located within Marion County, Florida.

(50)

Oversized yard trash means any piece or item of yard trash or land clearing debris that is more than four (4) feet in length or four (4) inches in diameter. Oversized yard trash also includes any accumulation of yard trash that exceeds two (2) cubic yards in volume.

(51)

Owner shall mean the person identified as the owner of assessable property on the assessment roll.

(52)

Performance bond means the financial security furnished by the franchise holder as a guarantee that the franchise holder will perform its work and pay all applicable fees and claims in accordance with the terms of this article.

(53)

Person means any and all persons and entities, natural or artificial, including any individual, firm, venture, or association; any public or private corporation organized or existing under the laws of Florida or any other state; any city or county of the state; and any governmental agency of this state or the federal government.

(54)

Processing means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it: safe for transport; amenable to recovery, storage, or recycling; safe for disposal; or reduced in volume or concentration.

(55)

Property appraiser means the Marion County Property Appraiser or the property appraiser's designee.

(56)

Recovered materials means 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 solid waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste.

(57)

Recyclable materials means those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste.

(58)

Recycling means any process by which solid waste, or materials that would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

(59)

Recycling center means a solid waste management facility where the county accepts recyclable materials, yard trash or other types of solid waste generated on residential property located in the unincorporated areas of the county.

(60)

Recycling container means a bin, box, cart or similar container that is made of heavy-duty, hard plastic or other suitable substance and used for the storage and accumulation of recyclable materials.

(61)

Residential collection service means the collection of residential waste from residential property by anyone other than the property owner or occupant.

(62)

Residential property means all improved property that is used for residential purposes, including but not limited to: single family residences; single family and multi-family dwelling units; duplex apartments; apartment buildings; condominium units; cooperatives established pursuant to chapter 719, Florida Statutes; time-share apartments; and leased residential premises of the classes described above, whether occupied or not. Property used exclusively as a recreational vehicle park, as defined in section 513.01(10), Florida Statutes, shall be deemed commercial property.

(63)

Residential waste means garbage, rubbish, recyclable materials, and yard trash generated as a result of normal housekeeping activities on residential property.

(64)

Rubbish means waste materials, other than garbage and yard trash, resulting from normal housekeeping activities on residential property and commercial property. Rubbish includes, but is not limited to discarded trash, paper, plastic, bottles, cans and similar materials.

(65)

Set out means the proper preparation and placement of solid waste and recyclable materials for collection at the customer's premises, in accordance with the requirements of this article.

(66)

Sludge means 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.

(67)

Solid waste means sludge that is not regulated 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, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials are not solid waste.

(68)

Solid waste assessment means a non-ad valorem special assessment imposed and levied lawfully by the county against assessable property to fund all or any portion of the solid waste cost.

(69)

Solid waste cost means: (a) the amount necessary in any fiscal year to fund and provide the county's solid waste management systems, services, and facilities for the benefit of the assessable property in the county, including but not limited to the provision of recycling services, litter control, the handling and disposal of household hazardous waste, and other solid waste collection and disposal services; and (b) the estimated cost to be incurred during any fiscal year relating to the collection of the solid waste assessment, including any related costs, such as the service charges of the tax collector and property appraiser, and any amounts necessary to offset the maximum discounts available for early payment of non-ad valorem assessments pursuant to any applicable law.

(70)

Solid waste management facility means any solid waste disposal area, volume reduction plant, transfer station, materials recovery facility, recycling center, or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, or storage of solid waste. This term does not include recovered materials processing facilities that meet the requirements of section 403.7046, Florida Statutes, except the portion of such facilities, if any, used for the management of solid waste.

(71)

Tax collector means the Marion County Tax Collector or the tax collector's designee.

(72)

Uniform Assessment Collection Act means sections 197.3631, 197.3632 and 197.3635, Florida Statutes, or any successor statutes, authorizing the uniform billing, collection, and enforcement of non-ad valorem assessments on the same tax notice as ad valorem taxes, and Rule 12D-18, Florida Administrative Code, and any applicable regulations promulgated or referenced thereunder, including Rule 12D-13, Florida Administrative Code.

(73)

Unserviceable vehicle means any vehicle which is required to be licensed by the state if used on public streets and which remains for a period of seven (7) days in such condition that it cannot be started or moved under its own power or in its normal and usual manner, without repair or the addition of parts, or would be in violation of section 316.215, Florida Statutes, if used on public streets. This term does not include an automobile that is more than twenty (20) years old and undergoing repair or restoration inside a completely enclosed building.

(74)

White goods includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.

(75)

Yard trash means vegetative matter resulting from landscaping maintenance and land clearing operations and includes associated rocks and soils.

(b)

If a definition contained herein is inconsistent with a corresponding definition in section 403.703, Florida Statutes, the definition in section 403.703 shall prevail, but only to the extent necessary to resolve the inconsistency.

(Ord. No. 07-35, § 1, 12-12-2007)