§ 32-178. Residential franchise, commercial license and registration requirements.

(a)

Processes for awarding franchise agreements and obtaining licenses and registrations.

(1)

Procedure for procuring residential franchise agreements. The board awards franchises for full solid waste and recycling collection services through a request for proposal process.

(2)

Application for commercial license or registration. Every new applicant who desires to engage in the occupation of collecting or transporting commercial solid waste and/or collecting, transporting or processing recovered material in the county shall apply for, on forms and documents required by the director, or by responding to requests for proposals or bids, and obtain a commercial license, or registration, in the manner described herein prior to commencing operations in such occupation. Applicants for a commercial license or registration shall obtain an application approved by the director and shall file a certified application with the solid waste division. The board may solicit bids or advertise for applications for commercial licenses including such terms and conditions as necessary to determine award of such service. License application shall be divided into the following three (3) categories. A license may be issued for one (1) or more of the categories.

a.

Multifamily. Collection of solid waste from residential dwellings and mobile home parks not under the franchise system.

b.

Construction and demolition. Collection of construction and demolition debris only.

c.

Other commercial. Collection of solid waste from commercial generators not covered under subsection (1) or (2) above.

Registrants shall be identified as processors, transporters, or both.

Applications for registration shall be limited to that information required pursuant to state law.

(b)

Approval of application.

(1)

Public hearing. Upon receipt of an application for a commercial license, the board shall determine the ability of the applicant to comply with the provisions of this article and may hold a public hearing on such application if the board or director deems it necessary in the public interest which hearing shall be held after publishing notice thereof in a newspaper of general circulation within the county at least fifteen (15) days prior to the hearing.

(2)

Findings; issuance. In determining whether or not to award a commercial license, the board shall consider the truth and completeness of the statements in the application and whether the applicant is capable of complying with the provisions of this article and other applicable rules and regulations.

a.

Vehicles. Commercial license applicants shall demonstrate, to the satisfaction of the director, that any vehicles and necessary equipment to be utilized meet industry standards and have the capability of providing and maintaining an appropriate level of service.

b.

Processing. Registration applicants shall effectively demonstrate to the satisfaction of the director that they have sufficient equipment, capacity and staff to process the materials they may reasonably be expected to receive for separation into recovered materials within six (6) months of its receipt without causing public health, safety or nuisance problems.

c.

Appeal. A registration applicant may appeal any of the director's determinations to the board in accordance with the procedures set forth in this chapter.

(3)

Denial; notification of denial. The board of county commissioners may deny any application for a license if, after due investigation and public hearing as provided herein, the board of county commissioners finds and determines as a matter of fact any one (1) of the following: (1) that statements made in the application are false; (2) that the applicant is unable to provide the service requested; or (3) that the applicant does not comply with the provisions of this chapter or other applicable regulations. Reasons for such denial shall be stated in writing and mailed to the applicant.

(c)

Issuance of commercial license or registration. After submittal and approval of a license application by the board, the board shall so advise the applicant and shall issue a commercial license to the applicant upon payment of the commercial license fees as provided in this article or in the rules and regulations implementing this article. After submittal and approval of a registration application by the director, the director shall so advise the applicant and shall issue a registration to the applicant upon payment of the registration fees as provided in this article or in the rules and regulations implementing this article.

(d)

Separate accounting required for franchise services and commercial collection services. No residential franchisee or affiliated entity shall hold or obtain a commercial license, nor shall a commercial licensee or affiliated entity hold or obtain a residential franchise, except where such franchisee or commercial licensee maintains separate accounting and financial records in order to prevent the subsidy of one (1) operation by the other. The subsidy of commercial services by residential service and the subsidy of residential service by commercial service is hereby expressly prohibited.

(e)

Franchisee or licensee firm names. Franchisees and licensees shall not use a firm name containing the words "Orange County" or other words implying county ownership.

(f)

Duration of licenses and registrations. Commercial licensees and registrations are valid for a five-year period commencing on the date of the issuance of their license or registration unless revoked sooner by the board for due cause. Such licensees and registrants shall be subject to an annual fee or any other fee(s) as established by the board of county commissioners, such fee to be payable prior to January 1.

(g)

Commercial rates. Except as otherwise expressly provided for in this article, rates charged by commercial licensees for commercial services shall not be regulated by the board of county commissioners. Billing for such services shall be performed by the owner/operator of the licensed enterprise.

(h)

Collection of prohibited materials. Franchisees shall not accept for collection any prohibited residential waste or any yard waste mixed with garbage or bulk trash. Franchisees and licensees shall not accept any materials prohibited from collection by federal, state or local law.

(i)

Specific commercial license requirements. A commercial licensee (may contract to provide commercial service with any commercial generator in Orange County pursuant to the specific requirements of the commercial license and the following requirements:

(1)

Records. All licensees shall keep and maintain such operating records as the board of county commissioners may require to ascertain the extent of compliance with this article.

During the term of the commercial license or its renewal, the commercial licensee shall make its Orange County license and, in the county's discretion, all other related books and records, including but not limited to dump tickets, customer invoices and customer transaction files, available to the county for inspection at all reasonable times. Failure to furnish or to maintain complete and accurate books and records, or to make such books and records available to the county, shall be considered a violation of this article and shall provide a basis for the county to terminate the commercial license and to collect any damages resulting therefrom. Commercial licensees must keep all licenses and other related books and records on file for not less than three (3) years from the termination of the license by either party.

In addition, the licensee shall keep financial records to properly reflect its financial operations and financial condition in accordance with generally accepted accounting principles.

The licensee shall prepare an annual financial report on a date acceptable to the director and licensee. Such report shall consist of a balance sheet, income statement, statement of retained earnings, and a statement of cash flow on the entity as a whole, as well as supplemental financial information on commercial solid waste service, including operation and maintenance costs separate of any other service provided in the county.

(2)

Billing. The commercial licensee shall have the sole responsibility for the billing and collection of all charges described herein. In the event bills are not paid in a timely manner, the commercial licensee shall have the right (provided that the commercial licensee may otherwise legally do so) to discontinue services for nonpayment, and shall notify the director within fifteen (15) days after discontinuance of such services.

(3)

Nonperformance. In the event that a commercial licensee fails to provide adequate collection to a commercial customer by reason of any: (1) emergency, catastrophe, natural disaster, war, labor strike, act of God, or similar event; or (2) otherwise fails to adequately perform the duties and obligations created by this article (as determined solely by the county), the county may, at its sole discretion, (1) terminate the license; and/or (2) take over the collection service using its own equipment and service or that of another commercial licensee.

In the event any of the privileges granted herein are terminated pursuant to this article, any liability of the commercial licensee to the county accruing thereby, and any liability of the licensee to the county arising out of any act or event occurring prior to the termination shall immediately become due and payable to the county, without further notice.

(4)

Insurance. Each commercial licensee shall purchase and maintain insurance in the amounts and pursuant to the terms and conditions set forth below:

a.

Commercial general liability insurance with limits of not less than one million dollars ($1,000,000.00) per occurrence;

b.

Business automobile liability insurance with limits of not less than one million dollars ($1,000,000.00) per accident;

c.

Worker's compensation as required by F.S. ch. 440;

d.

Pollution legal liability including coverage for bodily injury and property damage as well as cleanup and defense costs with limits of not less than one million dollars ($1,000,000.00) per loss.

The county shall be named as an additional insured on all liability policies. The licensee shall annually provide the county with proof of insurance coverage by a company authorized to do business within the State of Florida as required in this section. No material change or cancellation/non-renewal shall be effective without thirty (30) days' written notice to the county. Failure to maintain insurance shall result in revocation of the commercial license. Each licensee shall annually furnish proof to the county that all liability and worker's compensation insurance laws of the state have been complied with.

(5)

Other laws and regulations. The commercial licensee shall, at its sole expense, procure all required local, state, and federal licenses, certificates, permits, and other authorizations necessary to conduct the licensee's operations. Each commercial licensee and its employees shall observe and comply with all applicable federal, state, and local laws, rules, regulations, requirements, ordinances, orders, and mandatory guidelines, pertaining to the collection services rendered hereto. Issuance of a commercial license by the county shall not be deemed to be a waiver of any applicable state, local or federal laws or regulations; including, but not limited to, zoning or planning regulations.

(6)

Service explanation. Each commercial licensee shall provide a copy of its license and application, upon request, to each one (1) of the commercial licensee's customers. These materials shall be provided to potential customers before the commercial licensee enters into a contract for services with the potential customer.

(7)

Changes. A commercial licensee shall have a continuing obligation to apprise the county of any material changes to its service or financial position which deviate from the information contained in the commercial licensee's application.

(8)

Yard waste. Yard waste from a commercial generator or customer shall be collected separately from other solid waste. Each commercial licensee shall inform all of its customers of this requirement.

(9)

Load inspection. The commercial licensee shall submit to the county load inspection program.

(10)

Cancellation. In addition to the requirements of section 32-186(a), the county has the right to cancel or revoke a license due to noncompliance with this article and failure to comply within thirty (30) days after receiving written notice. Provided, however, that if the director determines that an imminent health or environmental problem exists as a result of the noncompliance, such notice shall only be ten (10) days.

(11)

Disclosure of owners. Annually, each commercial licensee shall provide the director with a notarized statement disclosing:

a.

The names of its principal corporate officers, partners and shareholders owning ten (10) percent or more of the outstanding stock; and

b.

The exact corporate or fictitious name under which the commercial licensee will conduct its business as authorized by this article. The county shall be advised by the commercial licensee in writing of any proposed name change before it goes into effect.

(12)

Handling complaints. Each commercial licensee shall maintain an office in Orange County or an adjoining county with adequate staff and telephone service to handle and resolve all incoming calls and complaints between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday of each week, excluding holidays. Between the hours of 5:00 p.m. and 8:00 a.m., Monday through Friday, and all day Saturday and Sunday, including holidays, the commercial licensee shall maintain an answering machine to receive incoming calls and complaints. The answering machine shall be checked at least once a day for complaints.

(13)

Response to complaints. Any complaints received by the commercial licensee before 12:00 noon shall be responded to and, if feasible, resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be responded to and, if feasible, resolved before 12:00 noon of the following day (excluding Sunday). An emergency telephone number or number(s) where the commercial licensee may be reached shall be given to the director.

(14)

Trucks. A commercial licensee shall use modern packer type sanitation trucks for the collection and transportation of solid waste, except construction and demolition and class III waste. Determination of whether such vehicles are appropriate, including those vehicles that collect construction and demolition and class III wastes, shall be as set forth in this section.

(15)

Clean-up. A commercial licensee shall handle commercial service containers with reasonable care and return them to the approximate location from which they were collected. A commercial licensee shall clean up all wastes that it spills during its collection operations.

(16)

Emergency. A commercial licensee shall not be required to provide collection services when all appropriate disposal and/or recycling sites are closed or when county-wide natural or civil emergency conditions exist or are imminent, as determined by the director. During and after such emergencies, collections and deliveries of solid waste shall be at the discretion of the director.

(17)

Times for collection. Unless otherwise approved by the director, commercial collections shall be made only Monday through Saturday between 6:00 a.m. and 8:00 p.m. A minimum of once a week service shall be provided for all customers; however, where garbage, as defined herein, is generated, a minimum of twice per week collection is required unless otherwise approved by the director. Such service shall be provided by commercial service container as defined herein. However, where a customer generates one (1) cubic yard or less per week of solid waste, an alternate noncommercial container may be utilized. Subject to the minimums set forth above, the size of the container and the frequency of collection should be determined between the customer and the commercial licensee, but disputes concerning these issues shall be resolved by the director. However, no solid waste shall be placed outside the container. Storage capacity shall be suitable for the amount of waste generated by the customer.

(18)

Acquisition of containers. A commercial licensee may provide containers to its customers; however, customers also may acquire their containers from any other source, provided that such source or customer is completely responsible for the proper maintenance of the container. Containers shall be of a type that can be serviced by the commercial licensee's equipment.

(19)

Placement and maintenance of containers.

a.

Minimum countywide standards . All commercial solid waste shall be placed in a container, garbage can, other receptacle or plastic disposal bag. Where garbage cans are used, they shall be placed at the roadside or at such other collection point(s) as may be agreed upon between the licensee and the customer. All containers shall be kept in a safe, accessible location, as agreed upon between the commercial licensee and the customer, subject to any limitations or restrictions imposed by the county. Any container damaged by the commercial licensee shall be repaired or replaced by the commercial licensee, ordinary wear and tear of customer-owned containers excepted.

b.

Additional restrictions within bear management areas. Commercial garbage collection customers located within designated bear management areas are required to place refuse within a bear resistant commercial refuse container approved by the commercial licensee. Bear resistant commercial refuse containers must remain secured at all times except when loading or unloading the container and the area around the container must be kept clean of refuse and debris. If damaged in a manner that would permit bear access, the damage must be reported to the company responsible for the maintenance of the container and repaired within forty-eight (48) hours after the damage is discovered. Customers will be responsible for any cost associated with compliance with this requirement.

(20)

Nonagency. A licensee shall not be deemed to be the agent of the county. A commercial licensee shall be solely responsible for any losses or damages of any kind arising from its performance or nonperformance under its license. The commercial licensee shall defend at its own expense or provide for such defense, at the county's option, any and all claims and suits brought against the county which may result from the commercial licensee's performance or nonperformance of service pursuant to its license.

(j)

Operating requirements for registrants. In addition to the registration requirements set forth herein, persons collecting, transporting, conveying, or processing recovered materials in Orange County shall comply with the following operating requirements:

(1)

Disclosure of owners. Annually, each registrant shall provide the director with two (2) notarized statements disclosing the names of its general and limited partners, or corporate officers and directors, and the exact corporate or fictitious name under which it will conduct its business as authorized by this article.

(2)

Handling complaints. Each registrant shall be responsible for promptly responding to any and all complaints which involve actions that create a nuisance or have the potential to create a nuisance.

(3)

Response to complaints. Any such complaint shall be responded to within twenty-four (24) hours or by Monday if the complaint occurs on the weekend.

(4)

Containers. A registrant shall handle recovered materials containers with reasonable care and return them to the approximate location from which they were collected. A registrant shall clean up all materials that are spilled during its collection operations.

(5)

Emergency. A registrant shall not be required to provide collection services when all appropriate disposal and/or recycling sites are closed or when county-wide natural or civil emergency conditions exist or are imminent, as determined by the director. During and after such emergencies, collections and deliveries of solid waste shall be at the direction of the director.

(6)

Acquisition of containers. A registrant may provide recovered material containers to its customers. Customers that acquire their own containers from any other source are responsible for the proper maintenance of the container. Containers shall be of a type that can be serviced by the registrant's equipment.

(7)

Location and maintenance of containers. All recovered materials shall be placed in an appropriate industry standard container. Where garbage cans are used, they shall be placed at the roadside or at such other single collection point(s) as may be agreed upon between the registrant and the customer. All containers shall be kept in a safe, accessible location as designated or approved by the county and as agreed upon between the registrant and the customer. Any container damaged by the registrant shall be repaired or replaced by the registrant, ordinary wear and tear of customer-owned containers excepted.

(8)

Nonagency. A registrant shall not be deemed to be the agent of the county. A registrant shall be solely responsible for any losses or damages of any kind arising from its performance or nonperformance under its registration. The registrant shall defend at its own expense or provide for such defense, at the county's option, any and all claims and suits brought against the county which may result from the registrant's performance or nonperformance of service pursuant to its registration.

(9)

Trucks. Registrants shall use trucks which are capable of preventing spillage or accidental release of recovered material during transport as required in this section.

(10)

Insurance. The registrant further agrees to purchase and maintain insurance in amounts and pursuant to terms and conditions set forth below:

a.

Commercial general liability insurance with limits of not less than one million dollars ($1,000,000.00) per occurrence if the registrant utilizes county facilities;

b.

Business automobile liability insurance with limits of not less than one million dollars ($1,000,000.00) per accident;

c.

Worker's compensation as required by F.S. ch. 440;

d.

Pollution legal liability including coverage for bodily injury and property damage as well as cleanup and defense costs with limits of not less than one million dollars ($1,000,000.00) per loss.

The county shall be named as an additional insured on all liability policies if the registrant utilizes county facilities. The registrant shall annually provide the county with proof of insurance coverage by an insurance company authorized to do business in the State of Florida as required in this section. No material change or cancellation/nonrenewal shall be effective without thirty (30) days' prior written notice to the county. Failure to maintain insurance shall result in revocation of registration. Each licensee shall annually furnish proof to the county that all liability and worker's compensation insurance laws of the state have been complied with.

(11)

Other laws and regulations. The registrant shall, at its sole expense, procure from all local, state and federal governmental and agency authorities (having jurisdiction over the operations of the commercial registrant) all licenses, certificates, permits, or other authorizations necessary to conduct the registrant's operations. The registrant and its employees shall also observe and comply with all present and future federal, state, and local laws, rules and regulations, requirements, ordinances, orders, and mandatory guidelines, pertaining to the collection or processing services rendered hereto. Issuance of a registration by the county shall not be deemed as a waiver of any applicable state, local or federal laws or regulations (including, but not limited to, zoning or planning regulations) with respect to a recycling operation of any kind nor shall it create any vested rights to own or operate any type of recycling operation.

(Code 1965, § 15-47; Ord. No. 85-17, § 7, 6-10-85; Ord. No. 86-4, 2-10-86; Ord. No. 87-23, §§ 3, 5, 7-20-87; Ord. No. 90-14, § 5, 6-25-90; Ord. No. 94-18, §§ 9, 12, 8-30-94; Ord. No. 97-23, § 1, 12-16-97; Ord. No. 2001-01, § 2, 1-30-01; Ord. No. 2008-03 , §§ 1, 2, 2-5-08; Ord. No. 2016-24 , § 4, 11-1-16)