§ 32-177. Franchise, license or registration required.

It shall be unlawful for any person to collect or transport solid waste for hire or for remuneration or other consideration in any form without first being awarded a residential franchise or first being granted a commercial license secured under this ordinance. It shall also be unlawful for any person to collect, process, convey or transport recovered materials in Orange County without being registered by Orange County. A commercial license or registration shall not be required for those persons whose primary business is freight transport that may involve the intermittent transport of recovered materials or commercial generators transporting their own solid waste and/or recovered materials. This subsection shall not deprive persons denied full service under the provisions of section 32-157(b) of this article, or demolition services, or industrial, commercial and agricultural establishments from transporting their own solid waste generated by their own home or establishment to an appropriate disposal and/or recycling site. Any person denied full service under the provisions of this article shall be permitted to collect and transport recovered materials from that person's property only. Voluntary and nonprofit organizations have the right to receive recovered materials without registering. In no event, however, shall any person collect recovered materials from a solid waste container used by a consumer or commercial customer that is receiving service from a licensee, franchisee, or registrant after the consumer or commercial customer places the container and recovered materials at the curb or designated area for collection. However, the county may permit a business enterprise to collect recovered materials on an emergency, interim basis pursuant to the county's recycling program provided that the director determines that such collection is necessary to protect public health, safety, and welfare. By this subsection, the board intends to prohibit any person from transporting solid waste or collecting recovered materials for hire or remuneration or other consideration in any form where the county has not:

(1)

Awarded the person a residential franchise;

(2)

Granted the person a commercial license;

(3)

Registered the person;

(4)

Hired the person as a vendor retained by the county to accomplish such work; or

(5)

Granted an exemption for the person's activity.

Exemptions shall be granted if authorized by state law or regulation(s). Until such laws or regulations are enacted, those persons who handle, purchase, receive, sell or are end users of less than fifty (50) tons per month of recovered materials on an average annual basis shall be exempted from registration.

Nothing in this chapter shall require a commercial establishment generating source-separated (as defined in F.S. § 403.703) recovered materials to sell or otherwise convey its source-separated recovered materials to the county, or to a person or facility designated by the county, nor may the county restrict a generator's right to sell or otherwise convey such recovered materials to any properly certified registrant. Nothing in this chapter shall prevent a registrant from entering into a contract with a commercial establishment to purchase, collect, transport, process or receive source-separated recovered materials.

Failure by a commercial licensee or registrant to comply with the terms and conditions of this article shall provide a basis for the director to suspend or terminate the license or registration as provided in this article.

Residential franchises are awarded by the board through a competitive selection process. Commercial licenses and registrations are issued according to the provisions of section 32-178 and other applicable requirements of this article.

(Code 1965, § 15-46(d); Ord. No. 85-17, § 6, 6-10-85; Ord. No. 90-14, § 4, 6-25-90; Ord. No. 94-18, § 8, 8-30-94; Ord. No. 2008-03 , §§ 1, 2, 2-5-08)