§ 32-163. Commercial recycling program.

(a)

Mandatory commercial recycling. All commercial generators shall separate designated recyclable materials and make them available for recycling, as provided in this article. The commercial generator may utilize a registrant, which includes a commercial licensee who has obtained a registration. Failure to separate the designated recyclable materials, except for de minimus amounts, from solid waste loads delivered to a county facility or a facility under contract with the county and make such materials available for recycling will result in surcharges against the commercial generator, the commercial licensee or the municipality, unless the commercial generator or municipality demonstrates to the satisfaction of the director that it generates less than de minimus quantities of designated recyclable materials in the aggregate. The amount of the surcharge and procedures for payment and appeal shall be established by the county by separate resolution.

(b)

Delivery. Recovered materials shall be delivered to an appropriate disposal and/or recycling site only.

(c)

Information/education. The county will provide written information about recycling opportunities to commercial licensees, registrants and municipalities.

(d)

Documentation of recycling programs. All commercial licensees shall provide documentation annually to the county that their commercial customers have a recycling program. The program must include:

(1)

Service which includes recycling of all designated recyclable materials; and

(2)

Service at the multifamily residential facility that is convenient and accessible to the residents.

At least quarterly, each commercial licensee and municipality shall update and maintain a list of its commercial customers that are not utilizing a recycling program provided by that licensee. The lists shall be available to the county on January 15, April 15, July 15, and October 15 of each year.

(e)

Surcharge. In the event that more than de minimus quantities of designated recyclable materials are detected in a solid waste load brought to a county facility or a facility under contract with Orange County, the county shall assess the municipality or commercial licensee a surcharge, as approved by the board by separate resolution. The surcharge shall not be assessed on loads of solid waste consisting solely of rejected and/or contaminated recyclables generated at a registrant's processing facility. A commercial licensee may collect the surcharge from the noncompliant commercial generator. The surcharge is subject to appeal to the director by either the commercial licensee, commercial generator or municipality.

(f)

Reduced rates. If a commercial generator uses a smaller solid waste container or if a commercial licensee provides less frequent collection as a result of the commercial recycling program, there shall be a reduction in solid waste rates to reflect any resulting savings to the commercial licensee.

(g)

Containers. A commercial generator's recovered materials shall be separated from solid waste in separate containers. Only de minimus quantities of solid waste shall be allowed in the containers for recovered materials.

(h)

Reporting process.

(1)

Registrants shall provide information to the director (only with respect to recovered materials originating from Orange County) on a quarterly basis which identifies the:

a.

Types and approximate amounts of recovered materials which were either collected, recycled or reused during the reporting period;

b.

Approximate percentage of recovered materials, which were either reused, stored, delivered to an appropriate recycling and/or disposal site or disposed of in a solid waste disposal facility; and

c.

Locations where any recovered materials were disposed of as solid waste.

The quarterly reports shall be delivered to the director on January 15, April 15, July 15 and October 15. If the Florida Department of Environmental Protection (FDEP) requires quarterly reporting pursuant to F.S. § 403.7046, then the quarterly reports to the director shall be filed concurrently with the reports required by FDEP. Registrants shall submit their reports quarterly to the director on the FDEP forms or report identical information on forms developed by the county.

(2)

Commercial licensees also shall provide the director with an annual report of the numbers and percentages of its commercial customers participating in a recycling program including a description of the types of recycling programs provided by such commercial licensee.

(3)

Information reported under subsection (i), which, if disclosed, would reveal a trade secret, as defined in F.S. § 812.081(1)(c), is confidential and exempt from the provisions of F.S. § 119.07(1), pursuant to F.S. § 403.7046(3)(b). If the county develops a form for reporting the information required by subsection (i), the form shall include a separate page for the submittal of such information.

(Ord. No. 94-18, § 7, 8-30-94; Ord. No. 2008-03 , §§ 1, 2, 2-5-08)