C7O-Execute MOU Recycling For Multifamily Residences And Commercial EstablishmenCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The City Manager Or His Designee To Execute A Memorandum Of Understanding With The
Miami-Dade County Public Works And Waste Management Department For The City Of Miami Beach To
Operate A Recycling Program That Meets The Minimum Standards Of Miami-Dade County Code Sections
15-2.2, 15-2.3, 15-2.4, and 15-2.5.
Key Intended Outcome Supported:
Enhance the Environmental Sustainability of the Community.
Supporting Data (Surveys, Environmental Scan, etc.): The solid waste haulers operating in the City
have reported that approximately 1 ,600 multifamily and commercial establishments within the City are
currently not participating in the County-required Recycling Program.
Issue:
I Shall the Mayor and City Commission approve the MOU?
Item Summary/Recommendation:
Miami-Dade County Code (Sections 15-2.2-15-2.4) requires multifamily and commercial establishments
to have a recycling program. Sec 15-2.5 of Miami-Dade County Code mandates that recycling shall be
enforced by Miami-Dade County unless the County and the City agree, in writing, that the City shall enforce
the County ordinance within the municipality or that the City is operating a recycling program that meets
the minimum standards of the County Code.
On September 1, 2009, the City executed a Memorandum of Understanding (MOU) with the County for the
County to enforce its ordinance within the City. However, as a result of multiple issues, including fiscal
constraints at the County level, the County Code requirement to have a recycling program is not
adequately or comprehensively enforced.
The City's Sustainability Committee recommended that the City establish an ordinance to encourage
Miami Beach's businesses and multifamily residences to establish a recycling program. On May 9, 2012,
the City Commission approved the proposed recycling ordinance on First Reading. If the City adopts the
proposed recycling ordinance, the City will need to execute a new MOU with the County agreeing that the
City's recycling program meets the minimum standards.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary: N/A
Clerk's Office Le islative Trackin :
Department
FHB
Sign-Offs:
T:IAGENDA\2012\6-6-12\Recycling Memo Summary.doc
MIAMI BEACH 235
Account
AGENDA ITEM __ C_7_0 __
DATE frb-/L
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 6, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MIAMI-DADE COUNTY PUBLIC WORKS
AND WASTE MANAGEMENT DEPARTMENT THAT PROVIDES FOR THE
CITY OF MIAMI BEACH TO OPERATE A RECYCLING PROGRAM THAT
MEETS THE MINIMUM STANDARDS OF MIAMI-DADE COUNTY CODE
SECTIONS 15-2.2, 15-2.3, 15-2.4, and 15-2.5.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution if the ordinance is approved.
ANALYSIS
Miami-Dade County Code (Sections 15-2.2 -15-2.4) requires multifamily and
commercial establishments to have a recycling program. Sec 15-2.5 of Miami-Dade
County Code mandates that recycling shall be enforced by Miami-Dade County unless
the County and the City agree, in writing, that the City shall enforce the County
ordinance within the municipality or that the City is operating a recycling program that
meets the minimum standards of the County Code.
On September 1, 2009, the City executed a Memorandum of Understanding (MOU) with
the County for the County to enforce its ordinance within the City. However, as a result
of multiple issues, including fiscal constraints at the County level, the County Code
requirement to have a recycling program is not adequately or comprehensively enforced
in the City.
The City's Sustainability Committee recommended that the City enact an ordinance to
encourage Miami Beach's businesses and multifamily residences to establish a recycling
program and hire staff to enforce it. On May 9, 2012, the City Commission approved the
proposed recycling ordinance on First Reading. If the City adopts the proposed
recycling ordinance, the City will need to execute a new MOU with the County in order to
assume the responsibility for operating a recycling program that meets the minimum
standards of the County Code (Attachment A).
CONCLUSION
If the recycling ordinance is adopted on second reading, the Administration recommends
that the Mayor and City Commission adopt the attached Resolution, approving and
authorizing the City Manager or his designee to execute a Memorandum of
Understanding with Miami-Dade County Public Works and Waste Management
Department for the City of Miami Beach to operate a recycling program that meets the
minimum standards of Miami-Dade County Code Sections 15-2.2, 15-2.3, 15-2.4, and
15-2.5.
236
Commission Memorandum -Recycling Program MOU
June 6, 2012
Page 2 of2
Attachment A: Miami-Dade County Multi-Family and Commercial Recycling
Memorandum of Understanding
JGG/FHB/JJF/RWS/ESW
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237
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A MEMORANDUM
OF UNDERSTANDING WITH THE MIAMI-DADE COUNTY PUBLIC
WORKS AND WASTE MANAGEMENT DEPARTMENT THAT PROVIDES
FOR THE CITY OF MIAMI BEACH TO OPERATE A RECYCLING
PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS THAT MEETS THE MINIMUM STANDARDS OF
MIAMI-DADE COUNTY CODE SECTIONS 15-2.2, 15-2.3, 15-2.4, and 15-
2.5.
WHEREAS, Miami-Dade County Code Sections 15-2.2 through 15-2.4 require
multifamily and commercial establishments to have a recycling program; and
WHEREAS, Section 15-2.5 of Miami-Dade County Code mandates that recycling
shall be enforced by Miami-Dade County unless the County and the City of Miami Beach
(City) agree, in writing, that the City shall enforce the County ordinance within the
municipality or that the City is operating a recycling program that meets the minimum
standards of the County Code; and
WHEREAS, on September 1, 2009, the City executed a Memorandum of
Understanding (MOU) with the County for the County to enforce the County's ordinance
within the City of Miami Beach pursuant to the above-referenced County Code Sections; and
WHEREAS, the solid waste franchisee haulers in the City have reported that
approximately 1 ,600 multifamily residential buildings and commercial establishments within
the City are currently not participating in the County-required recycling program; and
WHEREAS, the City has passed and adopted a mandatory recycling ordinance for
multifamily residences and commercial establishments that provides standards that are
equivalent to or exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, the City must execute the MOU with the County which is attached hereto
as Exhibit A in order to enforce its recycling ordinance that mandates recycling programs for
multifamily residences and commercial establishments in the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager, or his designee, to execute a
Memorandum of Understanding with the Miami-Dade County Public Works and Waste
Management Department, which is attached hereto as Exhibit A, that provides for the City of
Miami Beach to enforce its recycling ordinance and to operate a recycling program for
multifamily residences and commercial establishments that meets the minimum standards of
Miami-Dade County Code Sections 15-2.2, 15-2.3, 15-2.4, and 15-2.5.
PASSED AND ADOPTED this ___ day of ___ -"'2012.
ATTEST:
Rafael Granado, City Clerk Matti Herrera Bower
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Attachment A
Miami-Dade County
Multi-Family and Commercial Recycling Memorandum Of
Understanding
I. PREAMBLE
This Memorandum of Understanding (MOU) memorializes an agreement
reached between Miami-Dade County Public Works and Waste Management
Department, and the municipality of , hereafter referred
to collectively as "the parties". The operational commitments delineated in this
MOU become effective , superseding the previous operational
commitments that were effective September 1, 2009.
II. DEFINITIONS
Commercial establishment: Any structure used or constructed for use for
business operations. For purposes of this MOU, hotels and motels are
commercial establishments. The term "commercial establishment" shall not
include any residential unit or multi-family residential establishment.
Department: The Miami-Dade County Department of Solid Waste
Management.
Modified recycling program: An operation, approved by the Department,
which provides for the recycling of recyclable material by a method varying from
the requirements of Section 15-2.2 or Section 15-2.3 of the Miami-Dade County
Code (Code) as provided in section 15-2.4 of the Code. (All attached as Exhibit
"A").
Multi-family residential establishment: Any structure other than a residential
unit which is used, or constructed for use, as a multiple-dwelling facility. Multi-
family residential establishments shall include without limitation, rooming house,
tourist court, trailer park, bungalow court, apartment building with rental or
cooperative apartments, or multiple story condominiums with common means of
ingress and egress.
* A property of 4-units or more in the unincorporated area of Miami-Dade
County is considered to be a multi-family residential establishment.
Recyclable material: Any material which is capable of being recycled and
which, if not recycled, would be processed and disposed of as solid waste. The
term "recyclable material" shall include green glass, brown glass and clear glass;
aluminum and steel cans and scrap metal; plastic containers, mixed paper,
newspaper, corrugated cardboard, office paper, and phonebooks. Any recyclable
material mixed with solid waste shall be considered to be solid waste.
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Recycling container: Receptacle used for recyclable material.
Recycling program: An operation which provides for the separate gathering,
storage, collection and marketing of recyclable material.
Recycling services: Business activities related to the buying, selling, trading,
marketing, transferring, separating, collecting or processing of recyclable
material. Such service shall include the proper handling and disposal of any
portion of collected recyclable material deemed unusable or unmarketable.
Ill. BACKGROUND AND SCOPE
Sec. 15-2.5. of the Code states that the provisions of Sections 15-2.2, 15-2.3
and 15-2.4, designated on the attachment (Exhibit "A"), shall apply to the
incorporated and unincorporated areas, and shall be enforced by Miami-Dade
County unless the County and the city agree, in writing, that the city shall enforce
this ordinance within the municipality or that the city is operating a recycling
program that meets the minimum standards. Any municipality may establish and
enforce its own ordinance provided such ordinance is equivalent to or more
stringent than the provisions of this ordinance.
This MOU provides several purposes, first, it fulfills the requirement of Section
15-2.5 of the Code, secondly, it improves communication between the parties,
and thirdly, it establishes jurisdictional responsibility that will improve utilization
of enforcement resources.
IV. TERM
This MOU is valid for an indefinite period of time between the parties. Any
changes to the term of this agreement must be done with the mutual consent of
the parties.
V. AMENDMENTS TO THE CODE
This MOU is based on the current Code of Miami-Dade County. Any future
alteration, modification, or amendments to the Code shall be communicated in
writing. Any municipality may establish and enforce its own ordinance provided
such ordinance is equivalent to or more stringent than the provisions of this
ordinance.
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VII. ENFORCEMENT AGREEMENT AND EXECUTION OF MOU
(Select one of the following options.)
a. The Municipality hereby agrees that the Department shall enforce the
ordinance within its boundaries.
Municipality Designee (Initials): ___ _
Miami-Dade County Public Works and Waste Management Department
Designee (Initials): __ _
b. The Municipality shall enforce this ordinance within its boundaries.
Municipality Designee (Initials): ___ _
Miami-Dade County Public Works and Waste Management Department
Designee (Initials):,~--
c. The Municipality is operating a recycling program that meets the minimum
standards.
Municipality Designee (Initials): ___ _
Miami-Dade County Public Works and Waste Management Department
Designee (Initials):, __ _
Wherefore the Parties have hereunto set their hands this ___ d,ay of
___ ,20_
Municipality: _________ _
Print: __________ _
Designee
Signature: __________ _ Date: --------Designee
Miami-Dade County Public Works and Waste Management Department
Print: -------------Designee
Signature: _________ _ Date: --------Designee
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241
. Miami-Dade County
Multi-Family and Commercial Recycling Memorandum Of
Understanding
EXHIBIT
A
242
Chapter 15 SOLID WASTE MANAGEMENT* Page 1 of3 Sec. 15-2.2. Recycling programs required for multi-family residential establishments. (a) No later than nine (9) months from the effective date of Ordinance Number 91·123, every multi-family residential establishment shall provide for a recycling program which shall be serviced by a permitted hauler or the appropriate governmental agency and shall Include, at a minimum, the five (5) materials listed in Section 15-2.2 below. Recyclable Materials: Multi-family (1) Newspaper (2) Glass (flint, emerald, amber) (3) Aluminum cans ( 4) Steel cans (5) Plastics (PETE, NOPE-natural, HOPE colored) (b) The failure of a multi-family residential establishment to provide a recycling program or a modified recycling program pursuant to Section 15-2.4 hereof shall constitute a violation of this section for which the property owner(s) shall be liable, provided, however, that in the case of a condominium or cooperative apartment having a condominium association or cooperative apartment association, N said association, rather than individual unit owners, shall be liable for any such violation. ~ w (Ord. No. 91-123, § 4, 10-15-91) Sec. 15-2.3. Recycling programs required for commercial establishments; joint and several liability. (a) No later than nine (9) months from the effective date of Ordinance Number 91-123, every commercial establishment shall provide for a recycling program which shall be serviced by a permitted hauler or the appropriate governmental agency and shall include a minimum of three (3) materials of Its choice selected from the list provided in Section 15-2.3 below. Recyclable Materials: Commercial Establishments (1) High grade office paper (2) Mixed paper (3) Corrugated cardboard (4) Glass (flint, emerald, amber) (5) Aluminum (cans, scrap) (6) Steel (cans, scrap) http://library6.municode.com/default-test/DocView/10620/1/253 2127/2009
N ~ ~ Chapter 15 SOLID WASTE MANAGEMENT* (7) Other metals/scrap production materials (8) Plastics (PETE, HOPE-natural, HOPE-colored) (9) Textiles (10) Wood Page 2 of3 (b) The failure of a commercial establishment to provide a recycling program or a modified recycling program pursuant to Section 15·2.4 hereof shall constitute a violation of this section for Which the property owner and the owner(s) and operator(s) of the commercial establishment shall be jointly and severally liable. (Ord. No. 91-123, § 5, 10-15-91) Sec. 15·2.4. Modified recycling programs allowed. (a) Recycling programs which Incorporate modifications, substitutions or reductions to the requirements of Sections 15-2.2 and 15· 2.3 may be submitted to the Department for approval. Approval, rejection, or approval with conditions of the proposed modified recycling program shall be determined by the Department. The Department shall consider the following factors in evaluating the proposed modified recycling program: (1) Whether the establishment operates a recycling program, and is self-hauling the materials to a recyclable material vendor. (2) Whether the establishment generates a lesser number of recyclable materials than the required minimum. {3) Whether the establishment generates and recycles materials not listed In Section 15-2.2 or Section 15·2.3 hereof, as applicable. {4) Whether the establishment is contracting with a permitted private hauler for collection services, which services provide for a post-collection separation of recyclable material, and which: (i) Generate recyclable materials which comply, in kind and quantity, with the recycling requirements provided for in Section 15-2.2 or Section 15-2.3 hereof, as applicable; and (li) Utilize a materials separation facility which is permitted in accordance with all applicable federal, State and local laws. (b) Any person seeking approval of a modified recycling program shall submit an application In such form as is prescribed by the Department. All modified recycling programs shal~ be reviewed on a semiannual basis and applicants shall be required to confirm or revise the information contained In their applications at that time. An application for approval of a modified recycling program shall include, but not be limited to, the following documentation, as appropriate to the specific application: http:/ llibrary6.municode.com/default-test/Doc View/1 0620/11253 2/27/2009
N ~ CJ1 Chapter 15 SOLID WASTE MANAGEMENT* Page 3 of3 (1) Supporting documentation to evidence self-haul activities, which shall include proof of source-separation activities and copies of receipts from recyclable material purchasers. (2) A waste compositio~ study of the waste generated by the applicant, which shall cover a representative time period of no shorter than one (1) week. (3) A copy of the applicable contract with a post-collection separation facility, specifying materials and volumes recycled which are attributable to the applicant. (Ord. No. 91-123, § 6, 1 0-15-91) Sec. 15-2.5. Applicability. The provisions of Sections 15-2.2, 1!;)-2.3 and 15-2.4 shall apply to the incorporated and unincorporated areas, and shall be enforced by Miami-Dade County unless the County and the city agree, In writing, that the city shall enforce this ordinance within the municipality or that the city is operating a recycling program that meets the minimum standards. Any municipality may establish and enforce its own ordinance provided such ordinance is equivalent to or more stringent than the provisions of this ordinance. (Ord. No. 91-123, § 7, 10-15-91) http://library6.municode.com/default-test/DocView/10620/1/253 · 2/27/2009
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