HomeMy WebLinkAbout4825 Amendment to Sections 86-32,86-34, 86-71, 86-398, and 86-407 of the City Code relating to a registration process not a franchise process for Solid WasteOrdinance No. 2025-4825
An ordinance of the City Commission of the City of Sanford, Florida
relating to solid waste and recovered materials; revising the provisions
of the City Code relating to solid waste and recycling to address
recovered materials in accordance with the provisions of Section
403.7046, Florida Statutes; amending Sections 86-32, 86-34, 86-71, 86-
398 and 86-407 of the City Code; providing for a savings provision;
providing for conflicts; providing for severability; providing for
codification and the correction of scrivener's errors; and providing for
an effective date.
Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance; and
Whereas, legislative coding is used in this Ordinance and the following coding
may be used: underlined words shall constitute additions to the current text of the City
Code, and shall constitute deletions to current text of the City Code and a
series of asterisks (" * * *") shall refer to unaffected text of the City Code that is not affected
by this Ordinance.
Now, Therefore, Be it enacted by the People of the City of Sanford, Florida:
Section 1. Revision And Amendment Of Section 86-32; Definitions;
Section 86-34. Prohibited Acts. Part II, Chapter 86 - Solid Waste, Article II. - Solid Waste
And Recycling, Division 1. Generally, Section 86-32 — Definitions, and Section 86-34.
Prohibited Acts, Code of Ordinances of the City of Sanford, are amended to read as
follows:
DIVISION 1. — GENERALLY
Sec. 86-32. Definitions; certain rules incorporated by reference.
(a) For the purpose of this article, the following definitions shall apply unless the
context clearly indicates or requires a different meaning and regardless of whether the
term is capitalized or not in its use: provided, however. that the definitions of Section
403.703. Florida Statutes.' shall be applied by the Citv: !Instructions to Code Codifier:
Anv terms defined in this Section of the City Code and in Section 403.703. Florida
Statutes, shall be removed from the this Section of the Citv Code by the Code
Codifier.
Recovered materials means metal, paper, class, plastic, textile, or rubber materials that
have known recycling potential, can be feasiblv recvcled. 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 reauire subseauent processina or
separation from each other, but the term does not include materials destined for anv use
that constitutes disposal. Recovered materials as described in this subsection are not
y, .. solid waste materials +. metal,
r.le r.I.,nL:n rrlh..�reJ
--A h-e hoer+ 4 .�.+—A r,A r M+. � h.. ..A Fr +L. i. ste
.... ... ... ........ ..,. .... .,......,.. .,era. ... ....... ........... ..... .he ..
not the materials req sire
rie+n+ir�eel Fer �r,.e . ane L4. e�L '.e�nLi+. .4en rlinr.enel
Recovered materials dealer (certified) means a dealer certified under Section 403.7046.
Florida Statutes.
Recovered materials processina facilitv means a facilitv enaaaed solely in the storaae.
processing. resale, or reuse of recovered materials. Such a facility is not a solid waste
management facilitv if it meets the conditions Of Section 403.7045(1)(e). Florida Statutes.
Recyclable material means those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste.
Sec. 86-34. Prohibited acts.
It shall be is prohibited and unlawful for any person to do any of the following or to
otherwise violate the provisions of this article -
(2) Convey or cause to be conveyed over and upon any of the streets and alleys
of the City any solid waste, or recyclable materials or recovered materials without a
franchise or nonexclusive franchise permit --F beth.Med ^e^e-d-U ive
Fr�r.i+hic.� permi+ or without registering, as may be required by this article or the laws,
r.......
rules or regulations affecting the collection and disposal of solid wastes or recyclable
materials.
(3) - (18) * * *
Section 2. Revision And Amendment Of Section 86-71, Exclusive
Franchise. The provisions of Part II, Chapter 86 - Solid Waste, Article II. - Solid Waste
And Recycling, Division 4. Franchise, Code of Ordinances of the City of Sanford, are
revised by amending Section 86-71 to read as follows:
DIVISION 2. — FRANCHISE
Sec. 86-71. Exclusive franchise.
(a) All solid waste generated or accumulated within the corporate boundaries
(City Limits) of the City by both, or either, residential or commercial properties, shall be
collected and removed by the contractor (franchisee) except as otherwise specifically
provided in this article such as the provisions pertaining to nonexclusive permits and
registration for commercial recycling.
(b) - (c) * * *
31
Section 3. Revision And Amendment Of Section 86-398, Permits Required;
Creation of Section 86-407, Recovered Materials. The provisions of Part II, Chapter 86
- Solid Waste, Article II. - Solid Waste And Recycling, Division 4. Commercial Recycling
Nonexclusive Permits, Code of Ordinances of the City of Sanford, are revised by
amending Section 86-398 and creating Section 86-407 to read as follows:
DIVISION 4. COMMERCIAL RECYCLING NONEXCLUSIVE PERMITS
Sec. 86-398. Required.
(a) No person may collect or transport commercial recovered aeurGe sep —.ted
resyslable materials within the City without first obtaining a nonexclusive permit from the
City. This provision applies to all persons except facilities within the City owned or
operated by a governmental subdivision or entity of the state, the school district or a
special taxing district.
(b) Each person desiring to perform commercial recycling services in the City shall
make application for a nonexclusive permit to the City which application shall be made on
forms provided by the City and shall provide, at a minimum, the following:
(1) Name and address of business;
(2) Name and address of owner of business;
(3) Corporate officers and directors and certificate of good standing;
(4) Permanent place of business;
(5) Copy of local business tax receipt;
(6) Materials recycling facility designation and valid State of Florida certification
C..irl —.�ne� ..F nr. r+i�inn+i r.n ;r—m the
Clr ;A— Ile�r.n r+rr.ar�+ .,F C... .:.... ..•. �...+..1 dr.. n.•.+i.•.r•
E...... ---e e Gert............ ....... he . ........ ..,.,,,,,....... en..,. �................., .. ......,.,.....,
(7) Certification that all recovered materials collected will be recycled at a State -
certified recycling facility;
(8) Description of equipment to be utilized;
41
(9) Copy of certificate of insurance with the City named as an additional insured; and
(10) Agreement to comply with all conditions of permit and provisions of this article.
(11) $250 annual permit fee (or such other amount established by resolution of the Citv
Commission).
Sec. 86-407. Certified Recovered Materials Dealer and Pvrolvsis Facility
Registration. Required
(a) Each certified recovered materials dealer or pyrolysis facility must register with the
Citv before collecting or transporting recovered materials within the City and it is
prohibited and unlawful to fail to register.
(b) In order to resister with the Citv. each certified recovered materials dealer or
pvrolvsis facilitv do so on forms provided by the Citv and shall provide the following:
(1) Name of business or person:
(2) Name of owner or operator:
(3) If a business entity, aeneral or limited partners. corporate officers. and directors:
(4) Permanent place of business:
(5) Evidence of certification from the Florida Department of Environmental Protection:
(6) A certification that the recovered materials or post -use Dolvmers will be processed
at a recovered materials processing facilitv or Dvrolvsis facility:
(7) By February 1 of each vear. provide a copy of the required report submitted to the
Florida Department of Environmental Protection from recovered materials received from
the Citv or Seminole Countv: and
(8) $250.00 annual reaistration fee (or such other amount established by resolution of
the City Commission).
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate
or impair the validity, force or effect of any other section, sentence, phrase, word, or
portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 6. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to any and
all actions and activities of the City pertaining to the regulation of solid waste, and any
and all associated or related matters, actions, and activities, are hereby ratified and
affirmed.
Section 7. Codification; Scrivener's Errors.
(a). The Section 1, Section 2 and Section 3 of this Ordinance shall be codified,
but the remaining sections of this Ordinance shall not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
public hearing.
61
Section 8. Effective Date.
This Ordinance shall become effective immediately upon enactment.
Passed and adopted this 28th day of April, 2025.
Attest:
Myp, p M
Traci Houchin, MMC, FCRM
City Clerk
a
�ity Attorney )09
City Commissh of a City of
Sanford, Flo r d
o Mayo ,p
�tmd
' The definitions are as set forth in the statutory provision:
403.703 Definitions.—As used in this part, the term:
(1) "Ash residue" has the same meaning as in the department rule governing solid waste combustors which defines
the term.
(Z) "Biological waste" means solid waste that causes or has the capability of causing disease or infection and
includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting
pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed
under chapter 497.
(3) "Biomedical waste" means any solid waste or liquid waste that may present a threat of infection to humans.
The term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste
that contains human -disease -causing agents; discarded disposable sharps; human blood and human blood products
and body fluids; and other materials that in the opinion of the Department of Health represent a significant risk of
infection to persons outside the generating facility. The term does not include human remains that are disposed of
by persons licensed under chapter 497.
(4) "Clean debris" means any solid waste that is virtually inert, that is not a pollution threat to groundwater or
surface waters, that is not a fire hazard, and that is likely to retain its physical and chemical structure under expected
conditions of disposal or use. The term includes uncontaminated concrete, including embedded pipe or steel, brick,
glass, ceramics, and other wastes designated by the department.
(5) "Closure" means the cessation of operation of a solid waste management facility and the act of securing such
facility so that it will pose no significant threat to human health or the environment and includes long-term
monitoring and maintenance of a facility if required by department rule.
(6) "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
71�a
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 ins. 403.707(9)(j), 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.
(7) "County," or any like term, means a political subdivision of the state established pursuant to s. 1, Art. VIII of the
State Constitution and, when s. 403.706(19) applies, means a special district or other entity.
(8) "Department" means the Department of Environmental Protection or any successor agency performing a like
function.
(9) "Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or
hazardous waste into or upon any land or water so that such solid waste or hazardous waste or any constituent
thereof may enter other lands or be emitted into the air or discharged into any waters, including groundwaters, or
otherwise enter the environment.
(10) "Gasification" means a process through which post -use polymers are heated and converted to synthesis gas
in an oxygen -deficient atmosphere, and then converted to crude oil, fuels, or chemical feedstocks.
(11) "Generation" means the actor process of producing solid or hazardous waste.
(12) "Guarantor" means any person, other than the owner or operator, who provides evidence of financial
responsibility for an owner or operator under this part.
(13) "Hazardous substance" means any substance that is defined as a hazardous substance in the United States
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94 Stat. 2767.
(14) "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, treated, or otherwise managed. The term does not include human remains that are disposed of by persons
licensed under chapter 497.
(15) "Hazardous waste facility" means any building, site, structure, or equipment at or by which hazardous waste
is disposed of, stored, or treated.
(16) "Hazardous waste management" means the systematic control of the collection, source separation, storage,
transportation, processing, treatment, recovery, recycling, and disposal of hazardous waste.
(17) "Land disposal' means any placement of hazardous waste in or on the land and includes, but is not limited to,
placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt bed formation,
salt dome formation, or underground mine or cave, or placement in a concrete vault or bunker intended for disposal
purposes.
(18) "Landfill' means any solid wasteland disposal area for which a permit, other than a general permit, is required
by s. 403.707 and which receives solid waste for disposal in or upon land. The term does not include a land -spreading
site, an injection well, a surface impoundment, or a facility for the disposal of construction and demolition debris.
(19) "Manifest" means the recordkeeping system used for identifying the concentration, quantity, composition,
origin, routing, and destination of hazardous waste during its transportation from the point of generation to the
point of disposal, storage, or treatment.
(20) "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.
(21) "Municipality," or any like term, means a municipality created pursuant to general or special law authorized
or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution and, when s. 403.706(19) applies, means a
special district or other entity.
aIP,,_
(22) "Operation," with respect to any solid waste management facility, means the disposal, storage, or processing
of solid waste at and by the facility.
(23) "Person" means any and all persons, natural or artificial, including any individual, firm, or association; any
municipal or private corporation organized or existing under the laws of this state or any other state; any county of
this state; and any governmental agency of this state or the Federal Government.
(24) "Post -use polymer" means a plastic polymer that is derived from any domestic, commercial, or municipal
activity and which might otherwise become waste if not converted to manufacture crude oil, fuels, or other raw
materials or intermediate or final products using gasification or pyrolysis. As used in this part, post -use polymer may
contain incidental contaminants or impurities, such as paper labels or metal rings. Post -use polymers intended to be
converted as described in this subsection are not solid waste.
(25) "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.
(26) "Pyrolysis" means a process through which post -use polymers are heated in the absence of oxygen until
melted and thermally decomposed, and then cooled, condensed, and converted to any of the following:
(a) Crude oil, diesel, gasoline, home heating oil, or another fuel.
(b) Feedstocks.
(c) Diesel and gasoline blendstocks.
(d) Chemicals, waxes, or lubricants.
(e) Other raw materials or intermediate or final products.
(27) "Pyrolysis facility" means a facility that receives, separates, stores, and converts post -use polymers, using
gasification or pyrolysis. A pyrolysis facility meeting the conditions of s. 403.7045(1)(e) is not a solid waste
management facility.
(28) "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 in this subsection are not solid waste.
(29) "Recovered materials processing facility" means a facility engaged solely in the storage, processing, resale, or
reuse of recovered materials. Such a facility is not a solid waste management facility if it meets the conditions of s.
403.7045(1)(e).
(30) "Recyclable material' means those materials that are capable of being recycled and that would otherwise be
processed or disposed of as solid waste.
(31) "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 intermediate
or final products. Such raw materials or intermediate or final products include, but are not limited to, crude oil, fuels,
and fuel substitutes.
(32) "Resource recovery" means the process of recovering materials or energy from solid waste, excluding those
materials or solid waste under the control of the Nuclear Regulatory Commission.
(33) "Resource recovery equipment" means equipment or machinery exclusively and integrally used in the actual
process of recovering material or energy resources from solid waste.
(34) "Sludge" includes 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.
(35) "Solid waste" means 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, semisolid, or contained gaseous material resulting
from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials as
defined in subsection (28) and post -use polymers as defined in subsection (24) are not solid waste.
(36) "Solid waste disposal facility" means any solid waste management facility that is the final resting place for
solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal
solid waste.
91 P ;�
(37) "Solid waste management" means the process by which solid waste is collected, transported, stored,
separated, processed, or disposed of in any other way according to an orderly, purposeful, and planned program,
which includes closure.
(38) "Solid waste management facility" means any solid waste disposal area, volume reduction plant, transfer
station, materials recovery facility, or other facility, the purpose of which is resource recovery or the disposal,
recycling, processing, or storage of solid waste. The term does not include recovered materials processing facilities
or pyrolysis facilities that meet the requirements of s. 403.7046, except the portion of such facilities, if any, which is
used for the management of solid waste.
(39) "Source separated" means that the recovered materials are separated from solid waste at the location where
the recovered materials and solid waste are generated. The term does not require that various types of recovered
materials be separated from each other, and recognizes de minimis solid waste, in accordance with industry
standards and practices, may be included in the recovered materials. Materials are not considered source separated
when two or more types of recovered materials are deposited in combination with each other in a commercial
collection container located where the materials are generated and when such materials contain more than 10 -
percent solid waste by volume or weight. For purposes of this subsection, the term "various types of recovered
materials" means metals, paper, glass, plastic, textiles, and rubber.
(40) "Special wastes" means solid wastes that can require special handling and management, including, but not
limited to, white goods, waste tires, used oil, lead -acid batteries, construction and demolition debris, ash residue,
yard trash, and biological wastes.
(41) "Storage" means the containment or holding of a hazardous waste, either on a temporary basis or for a period
of years, in such a manner as not to constitute disposal of such hazardous waste.
(42)(a) "Storm -generated yard trash" means vegetative matter that:
1. Results from a tropical storm, a hurricane, a tornado, or any other significant weather event and is located or
placed within a federally designated disaster area on public property or a public right-of-way;
2. Is eligible for federal reimbursement under 42 U.S.C. ss. 5121 et seq.; and
3. Is placed curbside or on public property or a public right-of-way within the 15 -day period after the tropical storm,
hurricane, tornado, or other significant weather event that is the subject of the federally declared disaster.
(b) The term includes storm -generated debris under s. 403.7071.
(43) "Transfer station" means a site the primary purpose of which is to store or hold solid waste for transport to a
processing or disposal facility.
(44) 'Transport" means the movement of hazardous waste from the point of generation or point of entry into the
state to any offsite intermediate points and to the point of offsite ultimate disposal, storage, treatment, or exit from
the state.
(45) `Treatment," when used in connection with hazardous waste, means any method, technique, or process,
including neutralization, which is designed to change the physical, chemical, or biological character or composition
of any hazardous waste so as to neutralize it or render it nonhazardous, safe for transport, amenable to recovery,
amenable to storage or disposal, or reduced in volume or concentration. The term includes any activity or processing
that is designed to change the physical form or chemical composition of hazardous waste so as to render it
nonhazardous.
(46) "Volume reduction plant" includes incinerators, pulverizers, compactors, shredding and baling plants,
composting plants, and other plants that accept and process solid waste for recycling or disposal.
(47) "White goods" includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and
other similar domestic and commercial large appliances.
(48) "Yard trash" means vegetative matter resulting from landscaping maintenance and land clearing operations
and includes associated rocks and soils.
10 1 P
Commercial Recovered Materials Hauler
CITY OF
SkNFORD
PUBLIC WORKS & UTILITIES
Q"_.-- DEPARTMENT
Registration Program
Registration Form
The City of Sanford has established a Commercial Recovered Materials Hauler Registration Program. This
Registration Form is based on the information required by Section 'V-xx , "Commercial Recovered
Materials Registration" Code of Ordinances of the City of Sanford, Florida, Ordinance 2025-4825
Please submit one original copy of this completed Registration Form along with the annual non-
refundable registration fee of $250.00 to the City of Sanford, Attn: Public Works - Solid Waste Division,
300 North Park Avenue, Sanford Florida, 32771. Annual registration expires September 30 of each year.
Company Name:
Date:
Address:
Email:
Phone:
Fax:
Type of Organization: Sole Proprietorship Partnership Corporation
(Complete the section below for the selected type of organization)
Owner/ Operator's Name:
Partnership
Name of Registered Agent: I State of Organization:
Address: Phone: I Fax:
Name of Partners
Address
Phone
Limits (if any)
\\ CITY OF
SkNFORD
PUBLIC WORKS & UTILITIES
DEPARTMENT
Commercial Recovered Materials Hauler
Registration Program
Registration Form (continued)
PLEASE ATTACHED THE FOLLOWINGDOCUMENTS INCLUDED
Corporation
Name of Registered Agent:
State of Incorporation:
Address:
Phone: Fax:
❑
Cornorate Officers
President:
Form A - Vehicle List (REQUIRED)
Treasurer:
Vice President:
❑
Secretary:
For Manaizer-ManaLyed Limited Liabilitv Corporation
Manager's Name:
Address:
Phone:
Fax:
For Publicly
Held Corporation (25 or more stockholders)
Local Managing Officer's Name:
Address:
Phone:
Fax:
PLEASE ATTACHED THE FOLLOWINGDOCUMENTS INCLUDED
Proof of current corporate standing.
❑
List of all officers from State of Incorporation; if foreign corporation, information
certifying that applicant is qualified to do business in the State of Florida.
❑
If fictitious name, proof of registration.
❑
Copy of the recovered materials certification under Section 403.7046, Florida Statutes.
(REQUIRED)
❑
Form A - Vehicle List (REQUIRED)
❑
Form B - Account and Container List (REQUIRED)
❑
Registration fee. (REQUIRED)
❑
S CITY OF
SkNFORD
PUBLIC WORKS & UTILITIES
DEPARTMENT
Commercial Recovered Materials Hauler
Registration Program
Registration Form (continued)
By signing below, the registrant acknowledges and agrees to abide by the requirements of Section "xx-xx
"Commercial Recovered Materials Registration" Code of Ordinances of the City of Sanford, Florida,
Ordinance 2025-4825, which includes, but is not limited to:
A. That recovered materials will be processed at a recovered materials facility satisfying the
requirements of Section 403.7046, Florida Statutes, as amended.
B. That the mixing of recovered materials with garbage or trash contaminates the product and renders
it as garbage or trash. In other words, garbage and trash shall not be mixed with recovered materials
and shall be source separated. Containers of recovered materials which contain any solid waste shall
not be deemed source separated.
C. In no event shall the registrant perform commercial establishment solid waste collection services
under the guise of collecting, transporting, processing, or disposing of recovered materials.
D. That the service shall only be provided between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Saturday, with no collections on Sunday. The City Manager may modify times and days for
collection in certain areas due to noise or other concerns. (Section "xx-xx", "Commercial Recovered
Materials Registration" Code of Ordinances of the City of Sanford, Florida, Ordinance 2025-
E. 4825).
F. That no deliveries of recovered materials shall be made to a facility which is permitted as a Solid
Waste Management facility and not permitted for processing of recovered material unless the
registrant has given prior notification to the City and registrant has received authorization to utilize
such a facility.
G. That if any information changes during the term of the registration, the registrant shall report those
changes to the City within 30 calendar days of the change.
H. That a copy of the Florida Department of Environmental Protection (FDEP) recovered materials
reporting form submitted to the FDEP will simultaneously be provided to the City
I. That registrant shall pay the City the required annual registration renewal fee between September
1 and October 1 of each year.
That a copy of the vehicle list (Form A) and account and container list (Form B) be submitted
concurrent with the Registration Form and annual renewal.
I hereby state that I have read, understand, and will ensure that I and the company I represent will comply with
the Section "xx-xx , "Commercial Recovered Materials Registration" Code of Ordinances of the City of
Sanford, Florida, Ordinance 2025-4825, and I also state that I will ensure that I and the company I represent
will comply with and obey all applicable federal, state, and local laws, regulations, rules, and ordinances.
Dated this of 20
Company:
Local Mailing Address:
Phone Number: Fax:
Email:
Name: Title:
Signature:
\ CITY Of
SkNFORD
PUBLIC WORKS & UTILITIES
DEPARTMENT
Commercial Recovered Materials Hauler
Registration Program
Registration Form (continued)
Approved by:
Emily L. McCabe, Solid Waste Manager
City of Sanford
Date
Brynt Johnson, Public Works Director
City of Sanford
Date
Commercial Recovered Materials Hauler
Registration Program
Form A - Vehicle List
Company Name: Date:
Vehicle Tvne Identification # Tai # Comnanv Truck #
Commercial Recovered Materials Hauler
Registration Program
Form B - Account and Container List
Company Name: Date:
Account Name Address Tyne Size Frequency
Type: Type of Container (Dumpster, Compactor, etc.)
Size: Container Size in Yards (10 -Yard, 20 -Yard, 30 -Yard, etc.)
Frequency: Number of Collections Per Week
0 �` CITY OF
SkNFORD
FLORIDA
CITY COMMISSION MEMORANDUM 25-117
APRIL 28, 2025, AGENDA
Urrr.17,13
WS_ RrM� X
Item No. I • A
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Brynt Johnson, Public Works & Utilities Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Recovered Materials Registration; Ordinance No. 2025-4825
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Request to adopt Ordinance No. 2025-4825, relating to recovered materials registration for Solid
Waste.
FISCAL/STAFFING STATEMENT:
A business impact estimate relating to Ordinance No. 2025-4825 is attached. There are no
anticipated additional costs to the City to implement the requirements of Ordinance No. 2025-
4825. The $250 registration fee should cover all, or substantially all, of the Citty's costs in
processing and regulating registrations of recovered materials dealers.
BACKGROUND:
Section 403.703 (28), Florida Statutes, defines the term "recovered materials" to mean as follows:
... 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 in this subsection
are not solid waste.
Recently, issues arose between the City and a company that engages in work involving recovered
materials as a dealer. Those issues pertained to the provisions of Section 403.7046, Florida
Statutes, which statutory provisions reads as follows (please note the bold and underlined text):
403.7046 Regulation of recovered materials.—
(1) Any person who handles, purchases, receives, recovers, sells, or is an end user
of recovered materials or post -use polymers shall annually certify to the department
on forms provided by the department. The department may by rule exempt from
this requirement generators of recovered materials or post-use polymers; persons
who handle or sell recovered materials or post-use polymers as an activity which is
incidental to the normal primary business activities of that person; or persons who
handle, purchase, receive, recover, sell, or are end users of recovered materials or
post-use polymers in small quantities as defined by the department. The department
shall adopt rules for the certification of and reporting by such persons and shall
establish criteria for revocation of such certification. Such rules shall be designed
to elicit, at a minimum, the amount and types of recovered materials or post-use
polymers handled by registrants, and the amount and disposal site, or name of
person with whom such disposal was arranged, of any solid waste generated by
such facility. By February 1 of each year, registrants shall report all required
information to the department and to all counties from which it received materials.
Such rules may provide for the department to conduct periodic inspections. The
department may charge a fee of up to $50 for each registration, which shall be
deposited into the Solid Waste Management Trust Fund for implementation of the
program.
(2) Except as otherwise provided in this section or pursuant to a special act in
effect on or before January 1, 1993, a local government may not require a
commercial establishment that generates source-separated recovered materials to
sell or otherwise convey its recovered materials to the local government or to a
facility designated by the local government, nor may the local government restrict
such a generator's right to sell or otherwise convev such recovered materials
to any properly certified recovered materials dealer who has satisfied the
requirements of this section. A local government may not enact anv ordinance
that prevents such a dealer from entering into a contract with a commercial
establishment to purchase, collect, transport, process. or receive source-
separated recovered materials.
(a) The local government may require that the recovered materials generated at
the commercial establishment be source separated at the premises of the
commercial establishment.
(b) Before engaging in business within the iurisdiction of the local
government, a recovered materials dealer or pvrolvsis facilitv must provide
the local_ government with a copy of the certification provided for in this
section. In addition, the local government may establish a registration process
wherebv a recovered materials dealer or pvrolvsis facilitv must register with
the local government before engaging in business within the iurisdiction of the
local government. Such registration process is limited to requiring the dealer
or pvrolvsis facility to register its name, including the owner or operator of the
dealer or pvrolvsis facility, and, if the dealer or pvrolvsis facility is a business
entity, its general or limited partners, its corporate officers and directors, its
permanent place of business, evidence of its certification under this section,
and a certification that the recovered materials or post-use polymers will be
processed at a recovered materials processing facility or pvrolvsis facilitv
satisfving the requirements of this section. The local government may not use
the information provided in the registration application to compete unfairly with
the recovered materials dealer until 90 days after receipt of the application. All
counties, and municipalities whose population exceeds 35,000 according to the
population estimates determined pursuant to s. 186.901, may establish a reporting
process that must be limited to the regulations, reporting format, and reporting
frequency established by the department pursuant to this section, which must, at a
minimum, include requiring the dealer or pyrolysis facility to identify the types and
approximate amount of recovered materials or post-use polymers collected,
recycled, or reused during the reporting period; the approximate percentage of
recovered materials or post -use polymers reused, stored, or delivered to a recovered
materials processing facility or pyrolysis facility or disposed of in a solid waste
disposal facility; and the locations where any recovered materials or post -use
polymers were disposed of as solid waste. The local government may charge the
dealer or pvrolvsis facilitv a registration fee commensurate with and no greater than
the cost incurred by the local government in operating its registration program.
Registration program costs are limited to those costs associated with the activities
described in this paragraph. Anv reporting or registration process established by a
local government with regard to recovered materials or post -use polymers is
governed by this section and department rules adopted pursuant thereto.
(c) A local government may establish a process in which the local
government may temporarily or permanently revoke the authoritv of a
recovered materials dealer to do business within the local government if the
local government finds the recovered materials dealer, after reasonable notice
of the charees and an opportunity to be heard by an impartial party, has
consistently and repeated(y violated state or local laws, ordinances, rules, and
regulations.
(d) In addition to any other authority provided by law, a local government is
hereby expressly authorized to prohibit a person or entity not certified under this
section from doing business within the jurisdiction of the local government; to enter
into a nonexclusive franchise or to otherwise provide for the collection,
transportation, and processing of recovered materials at commercial
establishments, provided that a local government may not require a certified
recovered materials dealer to enter into such franchise agreement in order to
enter into a contract with anv commercial establishment located within the
local eovernment's jurisdiction to purchase, collect, transport, process, or
receive source -separated recovered materials: and to enter into an exclusive
franchise or to otherwise provide for the exclusive collection, transportation,
and processing of recovered materials at single-family or multifamily
residential properties.
(e) Nothing in this section shall prohibit a local government from enacting
ordinances designed to protect the public's general health, safety, and welfare.
(f) As used in this section:
1. "Commercial establishment" means a property or properties zoned or used for
commercial or industrial uses, or used by an entity exempt from taxation under s.
501(c)(3) of the Internal Revenue Code, and excludes property or properties zoned
or used for single-family residential or multifamily residential uses.
2. "Local government" means a county or municipality.
3. "Certified recovered materials dealer" means a dealer certified under this
section.
(3) A recovered materials dealer or an association whose members include
recovered materials dealers may initiate an action for injunctive relief or damages
for alleged violations of this section. The court may award to the prevailing party
or parties reasonable attorney fees and costs.
Thus, the following provisions of the City Code, enacted in 2009 (prior to the date of the
amendment of the statute referenced above) needs an amendment to address a City requirement
franchising of recovered materials dealers is required to provide that that only registration of such
recovered materials dealers is required by the City:
Sec. 86-398. Required
(a) No person may collect, or transport commercial source separated recyclable
materials within the City without first obtaining a nonexclusive permit from the
City. This provision applies to all people except facilities within the City owned or
operated by a governmental subdivision or entity of the state, the school district or
a special taxing district.
(b) Each person desiring to perform commercial recycling services in the City
shall make an application for a nonexclusive permit for the City for which
application shall be made on forms provided by the City and shall provide, at a
minimum, the following:
(1) Name and address of business;
(2) Name and address of owner of business;
(3) Corporate officers and directors and certificate of good standing;
(4) Permanent place of business;
(5) Copy of local business tax receipt;
(6) Evidence of certification from the Florida Department of Environmental
Protection;
(7) Certification that all recovered materials collected will be recycled at a
state -certified recycling facility;
(8) Description of equipment to be utilized;
(9) Copy of certificate of insurance; and
(10) Agreement to comply with all conditions of permit and provisions of this
article.
Ordinance No. 2025-4825 is, accordingly, presented to the City Commission to address the needed
amendment which provides for a registration process and not a franchise process in accordance
with the requirements of controlling State law. The required array or harmonized amendments
relate to Sections 86-32, 86-34, 86-71, 86-398, and 86-407 of the City Code.
LEGAL REvIEW:
The City Attorney has assisted in this matter and has no legal objection to the proposed action.
The City Commission approved Ordinance No. 2025-4825, on first reading on March 31, 2025.
The City Clerk published a notice of the 2"d Public Hearing in the Sanford Herald on April 27,
2025.
RECOMMENDATION:
Staff recommend that the City Commission adopt Ordinance No. 2025-4825.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2025-4825."
Attachment: Ordinance No. 2025-4825.
Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
Ordinance No. 2025-4825
An ordinance of the City Commission of the City of Sanford, Florida
relating to solid waste and recovered materials; revising the provisions
of the City Code relating to solid waste and recycling to address
recovered materials in accordance with the provisions of Section
403.7046, Florida Statutes; amending Sections 86-32, 86-34, 86-71, 86-
398 and 86-407 of the City Code; providing for a savings provision;
providing for conflicts; providing for severability; providing for
codification and the correction of scrivener's errors; and providing for
an effective date.
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement, that are checked off in a box below, apply to the above -referenced proposed
ordinance. Although, the City is implementing the procedure required by statutory law to
ensure that no inadvertent procedural issue could impact the enactment of the proposed
ordinance.
® The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following..
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare): The proposed ordinance
amends the provisions of Sections 86-32, 86-34, 86-71, 86-398 and 86-407 of the Code
of Ordinances of the City of Sanford relating to recovered materials to ensure compliance
with the provisions of Section 403.7046, Florida Statutes.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City: The proposed ordinance will reduce the regulatory impact on those
businesses which deal with recovered materials by converting the franchise process to a
registration process and ensuring consistency between the provisions of the City Code
and controlling Florida statutory law.
3. Estimate of direct compliance costs that businesses may reasonably incur: The
proposed ordinance established a $250.00 annual registration fee. That fee, together with
nominal administrative expenses to accomplish the registration, will be the sole costs
incurred by affected businesses.
4. Any new charge or fee imposed by the proposed ordinance: The proposed ordinance
established a $250.00 annual registration fee.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs: The aggregate amount collected as a result of
imposition of the $250.00 annual registration fee will not be substantial as there are very
few businesses affected.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance: The number of businesses likely to be impacted is less than 10.
7. Additional information: The public may find it beneficial to review the City Commission
agenda memorandum relating to the proposed ordinance as well as other public records
of the City to attain a full understanding of all matters pertaining to the issues arising
relating to the proposed ordinance.