§ 106-1. Unauthorized collection of recyclable material.

(a)

Authority. This section is enacted pursuant to article VIII, section 1, Florida Constitution; F.S. ch. 125; and the Pinellas County Charter.

(b)

Definitions. As used in this section, unless the context otherwise requires:

Artificial reef program means the county recycling program pursuant to which concrete culvert pipe is separated from the solid waste stream and used to build artificial reefs in the Gulf of Mexico.

Authorized recycling agent means a person that the county authorizes and/or contracts with to collect recyclable material.

City recycling plan means a written plan for recycling submitted by a city to the department.

Collection center means, in the case of a collection center program, a place to which a person may bring designated recyclable material; and, in the case of a curbside collection program, a designated place at curbside, at which the generator of designated recyclable material may deposit such material.

Collection center program means that part of the county recycling program or a city recycling plan which utilizes collection centers to which a person may bring designated recyclable material.

Costs, as used in connection with the removal of nonrecyclable material from a collection center, means and includes, but is not limited to, the costs of operating and maintaining equipment associated with the cleanup; the cost of materials used in the cleanup; the costs of contract labor and material; and legal and professional costs.

County recycling program means the recyclable materials recycling program of the county consisting of the reclaimed metals program, the recycled aggregate program, the artificial reefs program, the government office paper recycling program, and any county collection center program and county curbside collection program established by the county in the unincorporated area of the county.

Curbside collection program means that part of the county recycling program or a city recycling plan whereby designated recyclable material is deposited by the generator of such material at a designated place at curbside for collection.

Department means the department of solid waste management of the county.

Designated recyclable material means recyclable material, such as newspaper, glass or plastics, which has been designated by the department as appropriate for collection in a collection center program or curbside collection program.

Government office paper recycling program means that part of the county recycling program whereby paper in county government offices which is capable of being recycled and which would otherwise be processed or disposed of as solid waste is removed from the solid waste stream for sale, use or reuse, by separation, collection or processing.

Person means any individual, firm, partnership, corporation, joint venture, municipality, or other public or private entity.

Reclaimed metals program means that part of the county recycling program whereby ferrous and nonferrous materials are recovered from the residue of solid waste resulting from the combustion process at the county's resource recovery facility.

Recovered material means those materials which have known recycling potential, can be feasibly recycled, and have been diverted or separated from the solid waste stream for sale, use, or reuse, by separation, collection, or processing.

Recyclable material means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.

Recycled aggregate program means that part of the county recycling program whereby the residue of solid waste resulting from the combustion process at the county's resource is used as a soil substitute at the county's Bridgeway Acres Landfill.

(c)

Violations; penalties; abatement and cleanup.

(1)

It shall be unlawful for any person, other than an authorized recycling agent, to remove recovered material from a collection center container or a curbside collection program container or vehicle.

(2)

It shall be unlawful for any person to discard any solid waste, other than designated recyclable material, in a collection center container or vehicle or on the site at which a collection center is located.

(3)

Any person who violates subsection (c)(1) or (c)(2) of this section shall be subject to prosecution in the manner provided by general law for violations of county ordinances.

(4)

The department is authorized to clean up, or cause to be cleaned up, solid waste which is not designated recyclable material and which has been deposited at a collection center. The county may institute suit in a court of competent jurisdiction to recover the costs for the cleanup. All sums recovered by the county pursuant to this subsection (c)(4) shall be deposited into the fund or funds from which such sums were expended.

(5)

Nothing in this section shall be construed to prohibit or limit the right of any generator or recovered material to donate, sell, or otherwise dispose of his recovered material.

(d)

Applicability of section. This section shall be effective in the incorporated as well as the unincorporated areas of the county; however, to the extent that this section conflicts with a city ordinance, the city ordinance shall prevail.

(Ord. No. 89-22, §§ 1—4, 5-16-89; Ord. No. 91-43, §§ 1, 2, 10-11-91; Ord. No. 92-53, §§ 1, 2, 9-29-92)

Charter reference

Conflicts between county and municipal ordinances, §§ 2.01, 2.04.