Chapter 27 RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION, DISPOSAL, AND ASSESSMENT ARTICLE I. IN GENERAL [Excerpts]

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1 Chapter 27 RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION, DISPOSAL, AND ASSESSMENT Sec Definitions. ARTICLE I. IN GENERAL [Excerpts] For the purposes of this chapter, the following terms and phrases shall have the following meanings: City shall mean the City of Jacksonville Beach, Duval County, Florida, a municipal corporation and its government and the city manager and/or his authorized or designated representative. Council shall mean the City Council of the City of Jacksonville Beach. Commercial establishment shall mean any public or private place, building and/or enterprise devoted in whole or in part to a business enterprise whether nonprofit or profit making in nature. Except where such place, building and/or enterprise constitutes a single-family residence or multiple dwelling. Those multiple dwellings now being serviced by commercial containers or which could be serviced in the future shall be considered as "commercial establishments." Commercial rubbish and trash shall mean such combustibles as paper, wood, yard trimmings, etc., and noncombustibles such as metal, glass, stone, dirt, etc. Commercial solid waste shall mean garbage, rubbish, trash, etc., resulting from the normal activities of establishments utilizing containers of one cubic yard capacity or more. Construction and demolition debris shall mean discarded materials generally considered not to be 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 from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative mater 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 it to be classified as other than construction and demolition debris. Curbside collection point shall be that area on or adjacent to the driveway within five (5) feet of, and in no case more than ten (10) feet from, the street or roadway and not by the driving

2 surface of the street or roadway or in the drainage gutter or drainage swale or ditch. Franchisee shall mean the individual, partnership or corporation who or which is awarded a franchise by the city to perform the work or services, or to furnish materials or equipment, or both as set forth in the solid waste franchise contract. Garbage shall mean every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay dealing in or storage of meats, fish, fowl, birds, fruit or vegetables or any other putrescible matter, including animal feces and also including cans, containers or wrappers along with such materials. Gross revenue shall mean all revenues derived directly or indirectly by a franchisee, its affiliates, subsidiaries, parents, and any person in which a franchisee has a financial interest, exclusive of all taxes, from or in connection with the operation of a commercial solid waste collection service in the City with no deductions whatsoever. Hazardous waste shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. Industrial waste shall mean waste and debris from manufacturing and fabrication plants, lumberyards and construction or demolition of buildings, debris and waste accumulation from land or lot clearing, excavating, building, rebuilding or altering of buildings, structures, roads, streets, alleys, driveways, parking areas, sidewalks or parkways, wooden crating, pallets, dirt, soil or any waste materials which because of their volume and nature, do not lend themselves to collection with ordinary solid waste and refuse. Industrial waste collection container shall mean a metal commercial container designed for mechanical pick-up by front end loading compaction trucks currently in use by the franchisee. Industrial waste container shall be the same types that are used as multifamily & commercial collection container. Multifamily & commercial solid waste, rubbish and refuse collection container shall mean any portable, nonabsorbent, enclose container with a close-fitting cover, or doors, approved by the Duval County Health Department and the city, which is used to store large volumes of refuse. These include dumpsters, compactors, and permanent-use open-top roll-offs. Other type collection containers may qualify as this type container, from time to time, at the discretion of the city. Such a collection container must be capable of being serviced by mechanical equipment. Noncombustible refuse shall mean metals, mineral matter, large quantities of glass or crockery, metal furniture, auto bodies and parts, washing machines, refrigerators and other similar materials usual to housekeeping or to the operation of stores and offices. Pathological waste shall mean tissues, organs, animal bodies, body excretions, used bandages, medicines, drugs, hypodermic syringes or solid organic wastes from hospitals, laboratories, clinics, physicians' and dentists' offices, animal hospitals or similar sources.

3 Pathological waste container shall mean a disposable, waterproof container or bag, securely closed, not torn or ruptured. Such disposable container or bag shall be placed within an approved garbage receptacle. Recyclables shall mean those items on the approved recycling list such as newspapers, metal cans, plastic and soda bottles. Refuse shall mean any combination of solid waste and rubbish. Residential & small commercial solid waste, rubbish or refuse receptacle shall mean a container of not more than forty (40) or less than three (3) gallons capacity and with weight not to exceed fifty (50) pounds which shall be watertight and provided with a tight-fitting lid and which shall be free of jagged or sharp edges, shall not have any inside structures such as inside bands or reinforcing angles or anything within that shall prevent the free discharge of the contents and shall be of impervious material; or a waterproof bag of not more than forty (40) or less than three (3) gallons capacity and of not less than one (1) mill in thickness, securely closed, not torn or ruptured, and which is of a type approved by the city. Rubbish shall mean every accumulation of paper, excelsior, rags, wooden and paper boxes or containers, sweepings and all other accumulation of materials other than solid waste which are usual to housekeeping and to the operation of stores, offices and other business places, including bottles, cans and containers. Small commercial garbage shall mean every accumulation of garbage from all commercial establishments not serviced by a multifamily & commercial container of two (2) cubic yards or more. Solid waste shall mean every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fowl, birds, fruit or vegetables or any other putrescible matter, including animal feces and also including cans, containers or wrappers along with such materials. Yard waste (or trash) shall mean every accumulation of leaves, grass cuttings, shrubbery cuttings or other refuse attending the care of lawns, gardens, shrubbery, vines and trees, but not including dirt, soil or sod removed in the renovation or rebuilding of lawns and turfs and not including tree limbs, shrubbery cuttings and the like which exceed six (6) inches in diameter or five (5) feet in length. Yard waste receptacle shall mean every receptacle equal to those specified above as residential & commercial solid waste, rubbish or refuse can container or plastic bags having a capacity not in excess of forty (40) gallons and of sufficient physical strength to hold and contain their contents while being lifted and handled during collection.

4 Sec Persons subject to and responsible for obedience to chapter. In the enforcement of this chapter every occupant of premises wherein rubbish, refuse, solid waste, yard waste, recyclables, noncombustible refuse, construction and demolition debris, industrial waste, hazardous waste, and/or pathological waste, originates, whether landlord, owner, tenant, sub-tenant or custodian, may be deemed responsible and subject to the terms thereof, provided that the owner or landlord letting the whole of any house or premises, apartment or housekeeping room or rooms, shall not be responsible for the act or default of the occupant holding under such owner or landlord. The occupancy shall be construed to mean the person in control of the actual premises occupied by such person from whom the refuse, deleterious or noisome substances or the debris originates. Sec Responsibility of landlords and tenants. Landlords in the immediate control and management of any apartment, cottage or rooms rented furnished for housekeeping, shall furnish for each kitchen or place used in lieu of the same, residential solid waste, rubbish or refuse containers or commercial solid waste, rubbish or refuse containers of sufficient capacity to receive and hold the solid waste, rubbish or refuse generated by all tenants or occupants in such premises under the control and management of such landlord, and it is hereby made the responsibility of such tenants or occupants to remove and place all such solid waste, rubbish or refuse in the containers provided therefore, unless such service is furnished by the landlord under the terms of the rental. When several occupants or tenants share the common use of collection containers, the premises' owner, landlord, or owner representative shall be responsible for the collection container. The city retains sole discretion as to whether, where, and when common use collection containers are to be utilized and are in the best interest of occupants, owner, and/or the city, and how and to whom the collection service shall be billed. Secs Reserved. ARTICLE II. COLLECTION AND DISPOSAL Sec Same--Capacity necessary for accumulation of solid waste. All owners or residences, apartments or places of business within the city are hereby required to provide a solid waste container or containers, of sufficient capacity to hold four (4) days' accumulation of solid waste. These containers are to meet the minimum standards noted in the definitions of section 27-1.

5 Sec Storage and collection generally. (a) Residential and small commercial solid waste, rubbish or refuse shall be stored and collected in residential and small commercial solid waste, rubbish or refuse receptacles only. (b) Multifamily and commercial solid waste, rubbish or refuse shall be stored and collected in multifamily & commercial solid waste, rubbish or refuse collection containers only, provided further that all food waste or other putrescible material placed in such containers shall be enclosed in waterproof bags which are securely closed. (c) Pathological waste, hazardous waste, and any other dangerous waste as determined by the city, shall not be collected and disposed of by the city. The occupant and/or the owner of the premises is responsible to make arrangements to dispose of these wastes in a safe manner, which adheres to appropriate rules and regulations. (d) Industrial waste shall not be collected and disposed of by the city except those wastes and debris of manufacturing or fabrication plants and lumberyards, which are stored in multifamily & commercial collection containers only. (e) Yard waste (or trash) shall be stored and collected in yard waste receptacles only, except that tree limbs, shrubbery cuttings and the like, over three (3) feet in length or four (4) inches in diameter shall be stored and collected in neat piles. Palm fronds do not need to be reduced in size. Yard waste receptacles and tree limb piles shall be located in general not more than five (5) feet, and, and in no case not more than ten (10) feet from the street pavement or driving surface of the street or roadway and not on the driving surface of the street or roadway or in the drainage gutter or drainage swale or ditch. Such tree limbs, shrubbery cuttings and the like are not to be over five (5) feet in length or six (6) inches in diameter. (f) Noncombustible refuse shall be stored and collected in yard waste receptacles or, in the case of objects which, because of their size, weight or shape are not containerizable shall be stored and collected in neat piles, located in general not more than five (5) feet, and, and in no case not more than ten (10) feet from the street pavement or driving surface of the street or roadway and not on the driving surface of the street or roadway or in the drainage gutter or drainage swale or ditch. Noncombustible refuse shall be collected in amounts not to exceed one cubic yard per week. (g) Storage and removal to be in sanitary manner. All rubbish, refuse, solid waste, yard waste, recyclables, noncombustible refuse, construction and demolition debris, industrial waste, hazardous materials, and/or pathological waste originating on any private premises shall be held and cared for at such premises by the occupant or person in possession and control thereof, in a sanitary manner as prescribed in this chapter, until the same shall be removed by the employees or agents of the city unless the occupant otherwise disposes of it in accordance with the provisions of this chapter. Any container used for the storage and collection of rubbish, refuse, solid waste, yard waste, recyclables, noncombustible refuse, construction and demolition debris, industrial waste, hazardous materials, and/or pathological waste which fails to qualify as an acceptable container as prescribed in provisions of this chapter shall be tagged by the city or

6 the city's solid waste franchisee. Such tag shall specify in what manner the container fails to meet such requirements and shall instruct the party furnishing such container to remove it from service. Upon failure of the party furnishing such container to remove it from service, within seven (7) days after written notice, the city or the city's solid waste franchisee shall remove it from service. (h) It shall be unlawful for any individual, partnership or corporation to remove any item from a solid waste container after it has been deposited for collection. The exception to the said removal shall be by the city, by the solid waste franchisee for collection, by the owner of the said item who deposited the said item, by the owner or user of the receptacle or container in which the said item was deposited, and any police officer, or agent thereof, of the city, county and state during the course of any investigation. Sec Accumulation of yard waste. It shall be unlawful for any resident, occupant, or anyone to deposit yard waste upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied or upon any other lot or premises, or a street, plaza, alley or park, or in any canal or waterway, lake or pool within the city. Yard waste containing no combustible matter or matter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the owner's premises upon which it accumulated. Sec Removal of industrial wastes and noncombustible refuse. Nothing in this chapter shall obligate the city to remove or haul away industrial wastes or noncombustible refuse except as prescribed in section The city manager may adopt any reasonable rules governing the quantities to be accepted and removed by the city. Sec Disposal of dangerous materials. No person shall dispose of any acid, explosive material, inflammable liquids, poisons or any dangerous or highly corrosive material in any solid waste, rubbish or refuse container, which shall be detrimental or harmful to any person. Persons wishing to dispose of such dangerous materials shall notify the city, which shall cause an inspection to be made of such materials. Upon such inspection, the city representative shall, at his discretion, cause the collection and disposal of reasonable amounts of such dangerous materials and establish a charge for such collection and disposal. Sec Burying by permit only. No solid waste, rubbish, refuse or pathological waste shall be buried upon the premises of the person by whom such solid waste, rubbish, refuse or pathological waste is accumulated, and

7 no solid waste, rubbish, refuse or pathological waste shall be buried elsewhere in the city except upon written permit of the city. Sec Items not collected by the city. The owner or contractor performing such work must remove trash and debris caused from the operation of lot cleaning or clearing and contractor's debris caused from building, rebuilding or otherwise altering of buildings or structures. Spent oils or greases accumulated at garages, filling stations or similar establishments will not be removed except for the convenience and use of the city. The owner, occupant, or depositor of the waste must remove pathological waste, hazardous waste, and other dangerous waste as determined by the city. Excessive amounts of grass, sod, tree limbs or cuttings, or dirt, must be removed at the owner or contractor's expense and not by the city. The determination of what is excessive shall be made by the city. Sec Solid waste collection. (a) All customers receiving residential and small commercial solid waste collection service pursuant to the city's solid waste franchise contract shall place garbage, rubbish, or, refuse receptacles solid waste and all other items at the curbside, unless the franchisee has agreed to provide a special service collection at another location. (b) Yard waste capable of being containerized shall be placed for collection in an approved garbage receptacle. Tree trunks, stumps, limbs, trimmings or waste building material shall not exceed six (6) inches in diameter and/or five (5) feet in length. Yard trash waste receptacles and trash piles shall be located in general not more than five (5) feet, and in no case not more than ten (10) feet, from the street or roadway and not on the driving surface of the street or roadway or on the drainage gutter or drainage swale or ditch. The franchisee is not required to collect yard waste, which does not comply with the requirements in this subsection. (c) A receptacle used for collection or storage of residential or small commercial waste, which fails to meet the standards prescribed by this article, shall be clearly marked by the franchisee or other city representative, specifying the manner in which the receptacle fails to meet these requirements. A receptacle, which fails to meet these requirements and is so marked shall be removed from service by the person furnishing it prior to the next scheduled collection day. Upon failure of the person furnishing the receptacle to remove it from service after written notice by the franchisee or other city representative, the franchisee or other city representative shall remove the receptacle from service. Secs Reserved.