R5O-Amend Ch 90 Recycling Program-Separation Of Recyclable Materials -Libbin-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 90 Of
The Miami Beach City Code, Entitled "Solid Waste," By Amending Article V, Entitled "Citywide Recycling Program For
Multifamily Residences And Commercial Establishments" By Amending Section 90-340, Entitled "Recycling Program
And Separation Of Recyclable Materials From Solid Waste Stream Required For Multifamily Residences Of Nine (9)
Dwelling Units Or More; Owner/Association liability; Recycling Contractors' Assistance," To Apply To Multifamily
Residences Of Two (2) Or More Dwelling Units; Providing For Repealer Severability, Codification, And An Effective
Date.
Key Intended Outcome Supported:
Enhance the Environmental Sustainabilitv of the Community.
Supporting Data (Surveys, Environmental Scan, etc.): The solid waste haulers operating in the City have reported
that approximately 50% of the multifamily and commercial establishments within the City do not have a Recycling
Program.
Item Summary/Recommendation:
At the June 6, 2012 City Commission meeting, the City Commission adopted Ordinance No. 2012-3768 mandating
that multi-family residences with 9 units or more, as well as commercial establishments implement a single-stream
recycling program by July 1, 2013. In the September 11, 2013 Commission meeting, this deadline was extended
to July 1, 2014.
Over the last year staff has conducted targeted outreach to the condominium and business community and has
launched a public education campaign through various local media outlets. Since January 1, 2013, multifamily and
commercial establishments that do not have a recycling program serviced by a licensed recycling contractor or that
fail to separate recyclable material from the solid waste stream have been subject to warnings. During this warning
period, a number of multifamily residences with between 2 and 8 units questioned whether the law required
multifamily residences with 8 units or less to have a single-stream recycling program. The ordinance requires that all
multifamily residences with 9 units or more contract with a private hauler for single-stream recycling service.
Multifamily residences with 8 units or less have the option to contract with a private solid waste and recycling provider
or contract with the City for solid waste disposal and single-stream recycling service. Customers that chose to
contract with a private company have more flexibility regarding the service provided, including the number of pick-
ups, bin size and collection location. Currently, if multifamily residences with 8 units or less are not contracted with
the City for solid waste disposal and recycling service the City Code does not require these buildings to provide a
recycling program.
At the July 19, 2013 City Commission meeting, it was requested that the Commission consider the Sustainability
Committee's recommendation to require multifamily residences that are between 2 and 8 units provide a single-
stream recycling program. On September 30, 2013, the NCAC recommended that the City Commission approve the
ordinance on First Reading. However, the NCAC noted that it was not desirable to enforce and fine violators but
prefer to incentivize recycling. There are a number of incentive programs for single-family homes; however,
commercial establishments and multifamily residences are not under City contract, thus, any such program would be
between the private company and the multifamily residence or commercial establishment. Perhaps when the
franchise haulers contract expires in 2015, this can be further explored.
It should be noted that the County Code (Section 15-2.5) gives the City the authority to establish and enforce its own
ordinance, provided such ordinance is equivalent to or more stringent than the County's provisions. Therefore, per
the City's Memorandum of Understanding with the County, if the City does not plan to enforce the ordinance, the City
will need to relinquish enforcement capacity back to the County. Under this option, the City could continue to provide
education and support tailored to the City's residents and businesses; however, the County would be responsible for
all enforcement actions.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON FIRST READING.
Advisory Board Recommendation:
On July 16, 2013, the Sustainability Committee recommended requiring multifamily residences that are between 2
and 8 units provide a single-stream recycling program. On September 30, 2013, the NCAC recommended the
amendment on First Reading, and include potential incentives.
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
City Clerk's Office Legislative Tracking:
Jay Fink ext. 6391
Sign-Offs:
City
JLM
MIAMI BEACH AGENDA ITEM ---lR!......!....::S:......:Q=---
717 DATE 10-(6-( 3 .
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochH.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and M
Jimmy L. Morales, City Manager
DATE: October 16, 2013
bers ofbmission
FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING HAPTER 90 OF THE MIAMI BEACH CITY CODE,
ENTITLED "SOLID WASTE," BY AMENDING ARTICLE V, ENTITLED "CITYWIDE
RECYCLING PROGRAM FOR MULTIFAMILY RESIDENCES AND COMMERCIAL
ESTABLISHMENTS" BY AMENDING SECTION 90-340, ENTITLED "RECYCLING
PROGRAM AND SEPARATION OF RECYCLABLE MATERIALS FROM SOLID WASTE
STREAM REQUIRED FOR MULTIFAMILY RESIDENCES OF NINE (9) DWELLING
UNITS OR MORE; OWNER/ASSOCIATION LIABILITY; RECYCLING CONTRACTORS'
ASSISTANCE," TO APPLY TO MULTIFAMILY RESIDENCES OF TWO (2) OR MORE
DWELLING UNITS; PROVIDING FOR REPEALER SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DAlE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance on First Reading.
BACKGROUND
At the June 6, 2012 City Commission meeting, the City Commission adopted Ordinance No. 2012-
3768 mandating that multi-family residences with nine (9) units or more, as well as commercial
establishments implement a single-stream recycling program by July 1, 2013. In the September 11,
2013 Commission meeting, this deadline was extended to July 1, 2014.
Over the last year staff has conducted targeted outreach to the condominium and business
community and has launched a public education campaign through various local media outlets.
Since January 1, 2013, multifamily and commercial establishments that do not have a recycling
program serviced by a licensed recycling contractor or that fail to separate recyclable material from
the solid waste stream have been subject to warnings.
During this warning period, a number of multifamily residences with between two (2) and eight (8)
units questioned whether the law required multifamily residences with eight (8) units or less have a
single-stream recycling program. The ordinance requires that all multifamily residences with nine (9}
units or more contract with a private hauler for single-stream recycling service. Multifamily
residences with eight (8) units or less have the option to contract with a private solid waste and
recycling provider or contract with the City for solid waste disposal and single-stream recycling
service. Customers that chose to contract with a private company have more flexibility regarding the
service provided, including the number of pick-ups, bin size and collection location (i.e., curbside or
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City Commission Memo -Recycling Ordinance -Multifamily
October 16, 2013
Page 2 of2
back of house). Currently, if multifamily residences with eight (8) units or less are not contracted
with the City for solid waste disposal and recycling service the City Code does not require these
buildings to provide a recycling program.
At the July 19, 2013 City Commission meeting, it was requested that the Commission consider the
Sustainability Committee's recommendation to require multifamily residences that are between two
(2) and eight (8) units provide a single-stream recycling program. At the September 11, 2013
Commission meeting, the item was referred to the Neighborhood I Community Affairs Conmittee
(NCAC).
On September 30, 2013, the NCAC recommended that the City Commission approve the ordinance
on First Reading. However, the NCAC noted that it was not desirable to enforce and fine violators
but prefer to incentivize recycling. There are a number of incentive programs for single-family
homes; however, commercial establishments and multifamily residences are not under City contract,
thus, any such program would be between the private company and the multifamily residence or
commercial establishment. Perhaps when the franchise haulers contract expires in 2015, this can
be further explored.
It should be noted that the County Code (Section 15-2.5) gives the City the authority to establish and
enforce its own ordinance, provided such ordinance is equivalent to or more stringent than the
County's provisions. Therefore, per the City's Memorandum of Understanding (MOU) with the
County, if the City does not plan to enforce the ordinance, the City will need to relinquish
enforcement capacity back to the County. Under this option, the City could continue to provide
education and support tailored to the City's residents and businesses; however, the County would
be responsible for all enforcement actions.
FIVE YEAR FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. As the Amendment to the Ordinance is only intended to clarify the
definition of multifamily residences, there is no financial impact.
CONCLUSION
The Administration recommends that the City Commission approve the ordinance on First Reading.
T:\AGENDA\2013\0ctober 16\Recycling Ordinance Multifamily Memo.doc
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ORDINANCE NO.--------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 90 OF THE MIAMI
BEACH CITY CODE, ENTITLED "SOLID WASTE," BY AMENDING
ARTICLE V, ENTITLED "CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS,"
BY AMENDING SECTION 90-340, ENTITLED 11 RECYCLING PROGRAM
AND SEPARATION OF RECYCLABLE MATERIALS FROM SOLID WASTE
STREAM REQUIRED FOR MULTIFAMILY RESIDENCES OF NINE (9)
DWELLING UNITS OR MORE; OWNER/ASSOCIATION LIABILITY;
RECYCLING CONTRACTORS' ASSISTANCE," TO APPLY TO
MULTIFAMILY RESIDENCES OF TWO (2) OR MORE DWELLING UNITS;
PROVIDING FOR REPEALER SEVERABILITY, CONDIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the recycling of recyclable materials is in the best interest of the
environment, City residents, and in maintaining the City's prominence as a world class resort
destination; and
WHEREAS, by managing solid waste and conserving material resources through
reduction, reuse, and recycling, the City will help minimize impacts to the quality and safety of
the local environment, reduce costs of waste disposal, and decrease the carbon footprint
associated with the production use, and disposal of materials; and
WHEREAS, pursuant to the adoption Ordinance No. 2012-3768 (the "Ordinance"), the
City established a Citywide Recycling Program for multifamily residences with nine (9) dwelling
units or more and commercial establishments that provides standards that are equivalent to or
exceed the minimum recycling requirements of Miami-Dade County; and
WHEREAS, multifamily residences with eight (8) or less dwelling units are not currently
required to provide a recycling program or to use a single stream recycling process under the
Ordinance; and,
WHEREAS, at the July 19, 2013 City Commission meeting, it was requested that the
Commission consider the Sustainability Committee's recommendation to include residences
that are between two (2) and eight (8) units within the requirements of the Ordinance.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article V, entitled "Citywide Recycling Program for Multifamily Residences
and Commercial Establishments," of Chapter 90 of the Miami Beach City Code, entitled "Solid
Waste," is hereby amended as follows:
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CHAPTER 90
SOLID WASTE
* * *
ARTICLE V.
CITYWIDE RECYCLING PROGRAM FOR
MULTIFAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS
* * *
Sec. 90-340. Recycling program and separation of recyclable materials from solid waste
stream required for multifamily residences of nine (9) el·.·.•elliRg ~:~nits er mere two (2) or
more dwelling units; owner/association liability; recycling contractors' assistance.
(a) As of January 1, 2013, every multi-family residence of nine (9) d'.vollin§l units or
meFe two (2) or more dwelling units shall provide a recycling program pursuant to this section or
a City approved modified recycling program pursuant to section 90-344. The property owner
shall be liable for the failure to provide a recycling program or a modified recycling program
approved by the City, provided, however that a condominium or cooperative apartment having a
condominium association or a cooperative apartment association shall be liable, rather than the
individual unit owner(s), for a violation of this subsection. Further, recycling contractors shall
assist and provide written notice to the director of public works in identifying multifamily
residences subject to this article which do not have a recycling program or, in the alternative,
which have allowed a recycling program to lapse or expire.
(b) As of January 1, 2013, every multi-family residence of nine (9) dwelling units or more
two (2) or more dwelling units shall be required to use a single stream recycling process to
separate, from all other solid waste, the five (5) following recyclable materials:
1) Newspaper. Used or discarded newsprint, including any glossy inserts;
2) Glass. Glass jars, bottles, and containers of clear, green or amber (brown) color
of any size or shape used to store and/or package food and beverage products
for human or animal consumption, and/or used to package other products,
which must be empty and rinsed clean of residue. This term excludes ceramics,
window or automobile glass, mirrors, and lightbulbs;
3) Metal food and beverage containers. All ferrous and nonferrous (i.e., including,
but not limited to, steel, tin-plated steel, aluminum and bimetal) food and
beverage containers (i.e., including, but not limited to, cans, plates, and trays) of
any size or shape used to store and/or package food and beverage products
suitable for human or animal consumption, which must be empty and rinsed
clean of residue;
4) Other metal containers. All other ferrous and non ferrous containers used to
package household products including, but not limited to, paint cans and aerosol
cans, which must be empty and rinsed clean of residue;
5) Plastics. All high density polyethylene (HOPE) and/or polyethylene terephthalate
(PET) bottles, jugs, jars, cartons, tubs, and/or other containers, and lids, of any
size or shape used to package food, beverages, and/or other household
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products, or crankcase oil, which must be empty and rinsed clean of residue.
This term excludes all plastic film, plastic bags, vinyl, rigid plastic (i.e., toys}, and
plastic foam materials; and
(c) Every multi-family residence of nine (Q) dwelling units or more two (2) or more
dwelling units shall be serviced by a recycling contractor licensed by the city and state.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the __ day of ________ , 2013.
PASSED and ADOPTED this __ day of-------' 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Jerry Ubbin)
MAYOR MATTI HERRERA BOWER
APPROVED f, S TO
FORM & Li;.:;c: :.: ·:=,::;
& FOR EXcCiJ l iGN
Underline denotes additions and Strike through denotes deletions.
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