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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1987-0091 2 3 4 7 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 7— IL 32 33 34 35 36 Introduced by: Temp. Ord. #1319 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-87- AN ORDINANCE ESTABLISHING SOLID WASTE FLOW CONTROL PURSUANT TO SECTION 403.713, FLORIDA STATUTES AND SECTION 3.3 OF THE INTERLOCAL AGREEMENT DATED NOVEMBER 25, 1986 BY AND BE- TWEEN THE CONTRACT COMMUNITIES AND BROWARD COUNTY, FLORIDA; DIRECTING THE DELIVERY OF ALL SOLID WASTE GENERATED WITHIN THE CITY OF TAMARAC TO THE RESOURCE RECOVERY SYSTEM DE- SCRIBED HEREIN; RELINQUISHING TITLE TO SOLID WASTE COLLECTED OR GENERATED WITHIN THE CITY OF TAMARAC UPON DELIVERY OF SUCH SOLID WASTE TO SAID RESOURCE RECOVERY SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, because of the contour elevation and high ground water level of Broward County, Florida (the "County"), disposal of solid waste through means other than landfills has been encouraged; and WHEREAS, the Legislature of the State of Florida has discouraged the dumping or burying of solid waste matter and the use of sanitary landfills as the sole method of disposal of solid waste; and WHEREAS, because of environmental concerns with util izing of landfilling as the sole method of disposal of solid waste generated by the residents and visitors of the County, 'certain municipalities within the county and the County have sought a joint solution to such concerns; and WHEREAS, Section 403.713, Florida Statutes, provides that (1) "any local government that undertakes resource recovery of solid waste pursuant to general law or special act may control the collection and disposal of solid waste, as defined by general law or such special act, which is generated within the territorial boundaries of such local government and other local governments which enter into interlocal agreements for the disposal of solid waste with the local government sponsoring the resource recovery facil- ity 1 Temp. Ord. #1319 1 2 (2) "any local government which undertakes resource recovery 3 of solid waste pursuant to general law or special act may 4 institute a flow control ordinance for the purpose of ' ensuring that the resource recovery facility receives an adequate quantity of solid waste from solid waste generated within its jurisdiction", and (3) "such solid waste will not B include scrap, or new or used material, separated at the 9 point of generation and held for purposes of recycling, which 10 shall be subject to state and local public health and safety 11 laws"; and 12 WHEREAS, consistent with Chapter 403, Part IV, Florida 13 Statutes and in furtherance of addressing the problems 14 created by the disposal of solid waste, certain munici- 15 palities within the County (the "Contract Communities") have 16 entered into an Interlocal Agreement, dated November 25, 17 1986, (the "Interlocal Agreement"), with the County which 4B provides for, among other things, the disposal of solid waste 9 generated within the Contract Communities and the 20 unincorporated area of the County; and 21 WHEREAS, Section 3.3 of th-e Interlocal Agreement pro- 22 vides that each Contract Community and the County agree to 23 enact a waste flow control ordinance as set forth in Section 24 403.713, Florida Statutes, directing that solid waste gener- 25 ated within each such Contract Community and the unincorpor- 26 ated area of the County be delivered to the designated 27 resource recovery system transfer or disposal facility or 28 facilities as provided in the Interlocal Agreement; and 29 WHEREAS, each Contract Community and the County further f3p agree to include in any contract with haulers a provision 1 that all municipal solid waste shall be delivered to the 32 resource recovery system transfer or disposal facility or 33 facilities designated in the plan of operations developed 34 pursuant to the Interlocal Agreement; and 35 36 2 Temp. Ord. #1319 1 2 3 4 J 7 B 9 10 31 32 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 i 32 33 34 35 36 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA that; Sep -:Lion- 1, Findings. The findings set forth in the foregoing preamble to this Ordinance are hereby approved and confirmed. Section 2` Definitions. For the purpose of this Ordinance, the definitions contained in the Interlocal Agreement shall apply unless otherwise specifically stated in this Section. When not inconsistent with 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 directory. (a) Contract CgmMunities. The term "Contract Communities" shall refer to the municipal corporation or corporations existing under the laws of the State of Florida located within the county that from time to time enter into the Interlocal Agreement. (b)nty_ The term "County" shall refer to Broward County, Florida, a political subdivision of the State of Florida. (c) Haulgr. The term "hauler" shall refer to those persons, firms or corporations or governmental agencies responsible (under either oral or written contract, or otherwise) for the collection of solid waste within the geographic boundaries of the Contract Communities and trans- portation to the resource recovery system. (d) Interlocal Agreement. The term "Interlocal Agreement" shall refer to that certain Interlocal Agreement, dated November 25, 1986, by and among the County and the Contract Communities, as amended or supplemented from time to time pursuant to the provisions of the Interlocal Agreement. 3 1 2 3 4 7 B 9 10 11 12 13 14 15 16 17 B 9 20 21 22 23 24 25 26 27 28 29 r30 1 32 33 34 35 36 Temp. Ord. #1319 (e) gpsou ,_qe Recovery System. The term "resource recovery system" shall refer to the resource recovery fac.ilities which are constructed, operated and maintained or caused to be constructed, operated and main- tained pursuant to the Interlocal Agreement. (f) ,Ujid Wsmote. The term "solid waste" shall have the meaning set forth in Chapter 403, Part IV, Florida Statutes, as amended from time to time, as limited or expanded by the terms "processable waste, unprocessable.waste and unacceptable waste" set forth in the Interlocal Agree- ment. (g) strict_ The term "District" shall refer to the Broward Solid Waste Disposal District created by the County and approved by the governing bodies of the Contract Communities pursuant to the Interlocal Agreement. Section 3. Waste Flow Control. (a) It is the purpose of this Ordinance to require all inhabitants and persons within the City of Tamarac, Florida to use exclusively the resource recovery system identified in the Interlocal Agreement for the disposal of all solid waste generated within the City of Tamarac for the purpose of ensuring that the resource recovery system re- ceives an adequate quantity of solid waste from solid waste generated within its boundaries. (b) The City of Tamarac, Florida hereby directs that all solid waste generated within its geographic bound- aries be- delivered to the resource recovery system transfer or disposal facility or facilities designated in the plan of operation under the Interlocal Agreement and further hereby relinquishes any and all title and interest in solid waste collected or generated within its geographical boundaries upon delivery of such solid waste to the resource recovery system transfer or disposal facility or facilities designated in said plan of operations. 4 Temp. Ord. #1319 1 2 3 4 7 7 B 9 10 n 3.2 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 0 1 32 33 34 35 36 (c) The City of Tamarac, Florida will conform the terms and conditions of any agreement that it may have with the , hauler of solid waste to the terms and conditions of the Interlocal Agreement. (d) Nothing herein is intended to either discourage or prohibit either voluntary or locally ordained solid waste segregation programs segregating scrap or new or used materials at the point of generation and held for purposes of recycling. Section 4. E fective,DAte. This Ordinance shall become effective immediately upon compliance with any statutory requirements relating to notice and publication hereof. tk) PASSED FIRST READING this �6' day of , 1987. PASSED SECOND READING this gZ�5- day of , 1987. ATTEESaT:, � CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. ANT AT C TYVAO NEY S V M. STEIN ICE MAYOR - MAYOR: HART ` d " - - DIST. 1: CAM ROHR DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN r V/M STEIN 131-A 11- 9 a/'-,S�S 7 5 f q 0 - S 7 / DISTRIBUTION LIST lo.of Copiek DEPARTMENT OR PERSON RECEIVED BY31©t S 7 DATE COUNCIL CITY ATTORNEY CITY ENGINEER CITY PLANNER CHIEF BUILDING OFFICIAL BUILDING DEPARTMENT - TRAILER conF ENFORCEMENT I RENE MASTER FILE - I CITY MANAGER FINANCE DIRECTOR FINANCE— SUPV. ACCOUNTANT PURCHASING POLICE DEPARTMENT— CHIEF POLICE DEPARTMENT — JIM RECREATION DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT TUW — ADMINISTRATION CODIFIER (MAIL IMMEDIATELY) Municipal Robert Lasl ie In charge of suPP1 Robert Ussery (in charge of Codification) Code Corp.,PO 2235, Tallah ts.)-- ssee 32304 PERSONNEL I PLANNING COMMISSION PUBLIC INFORMATION COMMI COUNTY TAX APPRAISER W.W. WILSON BRDWARD CTY.PLANNING COUNCIL PETITIONER OR A CLERK'S C� ANT LE William Markham 115 S. Andres Ave,, Ft. Lau 115 S. Andreiz Ave., Rm. 307 Ft. Lauderdale, Fla. __333Q� 5519 W. McNNab Rd. Tamarac 33 COPIED DISTRIBUTED