§ 2-16-2. Definitions.

For the purpose of this chapter, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent to the context, words used in the present tense include the future, words in plural numbers include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.

Apartment or condominium apartment shall mean a building under one roof, housing four (4) or more living units.

Authorized collector shall mean the person who has executed a franchise agreement with the county for a specified service area and who is required to perform collection services under the provisions of the franchise agreement.

Board shall mean the Board of County Commissioners of Manatee County, Florida.

Bonds shall mean any bonds, notes or other evidences of indebtedness issued pursuant to article VII.

Bulk service shall mean collection service for commercial solid waste and/or industrial solid waste placed out in containers, plastic bags or other approved manner, and which must be estimated by cubic yard measurement.

Clerk shall mean the clerk of the Circuit Court of Manatee County, Florida.

Closed top dumpster shall mean a dumpster that is covered and used primarily to store putrescible matter, such as garbage, that is emptied by garbage trucks.

Collection services shall mean the provision of service to remove solid waste (including yard trash) and/or recyclable materials from a designated storage point for disposal or processing at a separate location utilizing persons and specially designed equipment for such purpose. Collection services include commercial collection service, residential collection service, and construction and demolition debris collection service.

Commercial collection service shall mean the provision of collection services to commercial improved real property.

Commercial collection service charge shall mean the fee or payment to be paid to the department by the owner or occupant of commercial improved real property for the provision of commercial collection service.

Commercial improved real property shall mean improved real property utilized by commercial establishments, whether such establishments are profit or not-for-profit establishments, including, but not limited to: motels, hotels, stores, office buildings, restaurants, service stations and garages, laundries and cleaning establishments, manufacturing and other industrial establishments.

Commercial solid waste means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential solid waste and industrial solid waste.

Compactor shall mean a machine or mechanism used to reduce the size of solid waste.

Construction and demolition debris means discarded materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt 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, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(9)(j), Florida Statutes, yard trash and unpainted, non-treated wood scraps from sources other than construction or demolition projects; scrap from manufacturing facilities that is the type of material generally used in construction projects and that would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project, including debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities and de minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. 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.

Container shall mean watertight cans not exceeding thirty-two (32) gallons in capacity made of plastic or galvanized iron with well-fitting lids, which when filled do not weigh more than fifty (50) pounds, or a plastic bag of similar capacity of at least one and one-half (1½) mil thickness, which are tied to prevent spillage.

County shall mean Manatee County, Florida.

Customer shall mean the recipient or beneficiary of the county's collection services.

Department shall mean the Utilities Department, Manatee County, Florida.

Director shall mean the Director of the Utilities Department, Manatee County, Florida, or his or her designee.

Extraordinary services shall mean residential collection services that require additional time, effort, and expense because the solid waste is not placed in authorized receptacles, or is not bundled properly as set forth in this chapter. Extraordinary services shall also mean residential collection services which are not collected at curbside. Necessarily, extraordinary services will include, but not be limited to, back door collection, side door collection, and the removal of large quantities of loose yard trash, and special waste that includes white goods, computer equipment, more than two (2) tires per pickup, or more than two (2) other special waste items per pickup.

Franchise agreement shall mean the contractual agreement between the county and the authorized collectors containing, but not limited to, a description of the service area; name of the person to perform commercial and residential collection services in the service area; the term of the agreement; the consideration to be paid for such agreement, if any, and the method of payment; the service to be furnished; performance bond and the conditions thereof; insurance provisions; responsibilities and obligations of the parties thereto; and such reasonable rules and regulations governing performance as are deemed necessary to implement the provisions of this chapter.

Garbage shall mean 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.

Hazardous waste shall mean waste, or a combination of waste, 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, Florida Statutes.

Improved real property shall mean all residential, commercial or other property that generates or is capable of generating solid waste.

Industrial solid waste shall mean solid waste generated by manufacturing or industrial processes that is not a hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products or byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

Junk shall mean any tangible item such as furniture, appliances, bicycles, or smaller property not having a useful purpose to the owner or abandoned by the owner and not included within the definitions of garbage, yard trash or industrial solid waste.

Landfill shall mean any solid waste land disposal area owned and operated by the county for which a permit, other than a general permit, is required by Section 403.707, Florida Statutes, and which receives solid waste for disposal in or upon land, and all facilities relating thereto. 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.

Mobile home park shall mean improved real property containing five (5) or more trailers, mobile homes, and/or recreational vehicles (RVs) used as a residence in close proximity to one another. Mobile home parks shall include RV parks and travel trailer parks. Such mobile home parks may be under one ownership or consist of individually owned lots.

Nonputrescible matter shall mean solid waste which does not characteristically decay, become putrid, noxious or otherwise exude an odor.

Not-for-profit organization shall mean a private organization, group, or association whose work or activity is not conducted or maintained for the purpose of making a profit.

Owner shall mean the person designated on the real property tax roll maintained by the property appraiser for each parcel of improved real property.

Person shall mean any individual, firm, partnership, corporation, association, executor, administrator, trustee, or other legal entity, whether singular or plural, masculine or feminine, as the context may require.

Putrescible matter shall mean waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds. The term does not include uncontaminated yard trash or clean wood.

Recovered materials shall mean 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.

Recyclable materials shall mean those materials that are capable of being recycled and that would otherwise be processed or disposed of as solid waste and that are placed in a separate refuse bin used exclusively for recyclable materials collection. Recyclable materials shall not include any materials once they have been placed in a refuse bin used for solid waste collection.

Refuse bin shall mean a county-approved receptacle for solid waste (including yard trash) or recyclable materials.

Residence or residential shall mean and refer to single-family dwellings, duplexes and triplexes, mobile homes, and all other living units not otherwise coming within the definitions set out herein, where each such structure is located on a separate lot or parcel of land. Apartments, condominium apartments, and mobile home parks are not included. Each living unit of a duplex or triplex shall be deemed a separate residence. A residence shall include a single-family dwelling, a duplex, triplex, mobile home or other living unit not otherwise defined in which a portion, but not a majority of the dwelling is used for an office or business. Notwithstanding anything herein to the contrary, a residence shall not include a structure that generates a majority of its solid waste or recyclable materials from the operation of the office or business.

Residential collection service shall mean the provision of collection services to residential improved real property.

Residential collection service charge shall mean the monthly fee or payment due the department by the owner or occupant of residential improved real property for the provision of residential collection service.

Roll-off shall mean an open top dumpster characterized by a rectangular footprint, utilizing wheels to facilitate rolling the dumpster in place, which is designed to be transported by special roll-off trucks. Roll-offs are used to contain large quantities of nonputrescible matter, such as construction and demolition debris or yard trash.

Service area shall mean a portion of unincorporated Manatee County with specific designated boundaries with one authorized collector providing collection services under a franchise agreement.

Service charge shall mean commercial and/or residential collection service charges.

Solid waste shall mean 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, yard trash, 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 herein are not solid waste.

Solid waste facility shall mean 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, and 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, a transfer station, resource recovery facility, processing facility, or sanitary landfill in the county licensed and permitted under all applicable rules and regulations to receive solid waste.

Solid waste system or county solid waste system shall mean the unified solid waste collection, disposal and recycling system of the county, including any plant, equipment, facility, the landfill and any other landfill site or property (real, personal and intangible) disposal of solid waste acquired or constructed by the county pursuant to this chapter or heretofore or hereafter acquired or constructed by the county from any other source whatsoever. Such county solid waste system shall also include but not be limited to franchise agreements, management systems, billing systems and all revenues received by the county relating to the collection and disposal of solid waste.

Special waste shall mean solid waste 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, biological wastes, and mercury-containing devices and lamps.

Yard trash shall mean vegetative matter resulting from landscaping maintenance.

(Ord. No. 16-45 , § 4, 11-15-16)