HomeMy WebLinkAboutOrdinance - City Council - Regular - 3526 - 10/19/2009ORDINANCE NO. 3526
AN ORDINANCE
To Be Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, AMENDING THE CITY CODE,
CHAPTER 70, SOLID WASTE, ARTICLE IV. MANDATORY
RECYCLING OF RESIDENTIAL, COMMERCIAL,
NON-PROFIT ENTITY, SPECIAL EVENTS, MULTI -FAMILY
SOLID WASTE, CONSTRUCTION AND DEMOLITION;
SECTION 70-111 MANDATORY SEPARATION OF
RECYCLABLE MATERIALS AND COMPOSTABLE
MATERIALS, SUB -SECTION (a) MANDATORY SEPARATION
REQUIRED, SUB -PARAGRAPHS (1), (2) and (3);
SECTION 70-112 BUSINESS RECYCLING
REQUIREMENTS, SUB -SECTIONS (b) AND (e);
SECTION 70-117 RESIDENTIAL, COMMERCIAL,
NON-PROFIT ENTITY, SPECIAL EVENTS, AND
MULTI -FAMILY RECYCLING REQUIREMENTS,
SUB -SECTION (a) PROGRAM REQUIREMENTS,
SUB -PARAGRAPH (2); ARTICLE V. WASTE REDUCTION BY
CITY DEPARTMENTS, SECTION 70-142 CITY
DEPARTMENTAL WASTE ASSESSMENT, SUB -SECTION (a)
GUIDELINES; AND SECTION 70-143 RESOURCE
CONSERVATION PLAN, SUB-ECTION (a) GUIDELINES, BY
PROVIDING FOR MANDATORY RECYCLING EFFECTIVE
JANUARY 1, 2010; PROVIDING FOR SEVERABILITY AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
FORT MYERS, FLORIDA, that:
SECTION 1. The City Code of the City of Fort Myers, Florida,
Chapter 70, Solid Waste, Article IV Mandatory Recycling of Residential,
Commercial, Non -Profit Entity, Special Events, Multi -Family Solid Waste,
Construction and Demolition Debris, Section 70-111 Mandatory
separation of recyclable materials and compostable materials,
Sub -section (a) Mandatory separation required, Sub -paragraphs (1), (2)
and (3) are hereby amended to read as follows:
Sec.70-111. Mandatory separation of recyclable
materials and compostable materials.
(a) Mandatory separation required:
(1) Recyclable materials -Residential property.
Effective January 1, 2010, every owner, lessee
ORDINANCE NO. 3526
or occupant of residential property shall
separate recyclable materials from other
mixed municipal solid waste and shall set
recyclable materials out for collection in the
manner and at such frequency as shall be
prescribed by the city's director of public
works or designee, or shall deliver the
recyclable materials to a recycling facility
approved by the public works director or
designee.
(2) Recyclable materials - Commercial/industrial
property. Effective January 1, 2010, every
owner, lessee or occupant of commercial and
industrial property shall separate recyclable
materials from other mixed municipal solid
waste and shall set out recyclable materials
for collection in the manner and at such
frequency as shall be prescribed by the public
works director or designee, or shall deliver the
recyclable materials to a recycling facility
approved by the public works director or
designee.
(3) Compostable materials. Effective January 1,
2010, and to the extent permitted by city code,
every owner, lessee or occupant of residential,
commercial and industrial property shall
separate separated compostable materials
from other mixed municipal solid waste and
shall set out separated compostable materials
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ORDINANCE NO. 3526
for collection in the manner and at such
frequency as shall be prescribed by the public
works director or designee or shall deliver the
compostable materials to a composting facility
approved by the public works director or
designee.
SECTION 2. The City Code of the City of Fort Myers, Florida,
Chapter 70, Solid Waste, Article IV Mandatory Recycling of Residential,
Commercial, Non -Profit Entity, Special Events, Multi -Family Solid Waste,
Construction and Demolition Debris, Section 70-112 Business recycling
requirements, Sub -sections (b) and (e) are hereby amended to read as
follows:
Sec. 70-112. Business recycling requirements.
(b) Each business shall enter into a written
service agreement, with a service provider. The service
agreement must provide at a minimum one collection every
two weeks of recyclable materials. The on -site business
recycling program shall be initiated January 1, 2010.
(e) All businesses must maintain a recycling
program form on -site for review by the city effective
January 1, 2010, or within fourteen days of beginning
operations after January 1, 2010. Where a business covers
multiple service locations, the business shall maintain a
recycling program form for each location. Recycling
programs shall be maintained in effect regardless of any
change of building ownership or service provider.
SECTION 3. The City Code of the City of Fort Myers, Florida,
Chapter 70, Solid Waste, Article IV Mandatory Recycling of Residential,
Commercial, Non -Profit Entity, Special Events, Multi -Family Solid Waste,
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ORDINANCE NO. 3526
Construction and Demolition Debris, Section 70-117 Residential,
commercial, non-profit entity, special events, and multi -family recycling
requirements, Sub -section (a) Program requirements, Sub -paragraph (2)
is hereby amended to read as follows:
Sec.70-117. Residential, commercial, non-profit
entity, special events, and multi -family recycling
requirements.
(a) Program requirements.
(2) All residential, commercial, non-profit entity,
construction and demolition activities special
events and multi -family properties must
provide a recycling program effective
January 1, 2010, or within fourteen (14) days
of initial occupancy, after January 1, 2010.
Where a residential, commercial, non-profit
entity, and multi -family entity, consists of
multiple properties the residential,
commercial, non-profit entity, and
multi -family entity shall maintain a recycling
program for each property.
SECTION 4. The City Code of the City of Fort Myers, Florida,
Chapter 70, Solid Waste, Article V. Waste reduction by city departments,
Section 70-142 City departmental waste assessment, Sub -section (a)
Guidelines is hereby amended to read as follows:
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ORDINANCE NO. 3526
Sec. 70-142. City departmental waste assessment.
(a) Guidelines. Within 30 days of January 1,
2010, the public works director or designee will adopt
guidelines for conducting a departmental audit to establish
a departmental waste assessment. For purposes of this
assessment, the volume or weight of all waste generated or
disposed of or diverted by a department shall be reported.
The guidelines shall include, at a minimum:
(1) Procedures for determining whether a
department generates a heterogeneous waste
stream (a combination of waste types, such as
wood, yard debris, metals and food waste) or
generates a homogenous waste stream (such
as office -type wastes);
(2) Guidance on determining which wastes
should be included in a waste assessment
(including how to account for wastes not
subject to state diversion requirements);
(3) How to determine which facilities should be
included in a waste assessment; and
(4) How to estimate/calculate volumes, weights
and costs associated with all waste.
SECTION 5. The City Code of the City of Fort Myers,
Florida, Chapter 70, Solid Waste, Article V. Waste reduction by city
departments, Section 70-143 Resource conservation plan, subsection (a)
Guidelines is hereby amended to read as follows:
Sec. 70-143. Resource conservation plan.
(a) Guidelines. Within 30 days of January 1,
2010, the public works director or designee will issue
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guidelines for development and implementation of a
resource conservation plan. The guidelines will cover, at a
minimum, the following elements of a resource conservation
plan:
(1) Waste reduction, prevention and reuse;
(2) Facilitation of collection of recyclable materials;
(3) Operational issues that influence the ability of the
city department to recycle, such as janitorial
contracts;
(4) Equipment purchases that could facilitate recycling;
(5) Development of a diversion goal and methods of
evaluating whether the goal is being met; and
(6) Examples of model programs for heterogeneous and
homogenous waste streams.
SECTION 6. Severability. If for any reason any section,
subsection, paragraph, or part of this ordinance shall be held invalid or
destroy any other section, subsection, or part or this ordinance then the
remaining portions thereof shall remain in full force and effect without
regard to the section, subsection, paragraph, or part invalidated.
SECTION 7. This ordinance shall become effective
immediately upon adoption.
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ORDINANCE NO. 3526
PASSED IN PUBLIC SESSION of the City Council of the City of
Fort Myers, Florida, this 19th day of October, A.D., 2009.
Aye X
Aye
Aye
Absent
Michael Flanders
Aye C�� A - 1 d�✓� ,�-.-
Ran all P. Henderson, Jr.
Aye
Thomas C. Leonardo
Council Members
APPROVED this 19th day of October, A.D.,
5:25
o'clock P.M.
2009, at
FILED in the Office of the City Clerk this 19th day of October,
A.D., 2009.
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Nancy J. HAWrle
Deputy City Clerk