R5D-Citywide Recycling Program - Multifamily And Commercial -Grieco-COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment to the recycling program requirements to applyto
units with two (2) units or more.
AGE,DA rrE* R sO
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 50% of the multifamily and commercial establishments within the City do not have a
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 ,2013.1n the September 1 1 , 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 I 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 I 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. On June 11,2014, this Ordinance, which is sponsored by Commissioner Grieco, was
approved by the City Commission on First Reading.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING.
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 September30,2013, the NCAC recommended the
Financial !nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! !mpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the
long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the longterm economic impact (at least 5 years) of this proposed
legislative action, and determined that there will be no measurable impact on the Citv's budoet.
Clerk's Office
Elizabeth Wheaton x6121
T:IAGENDA\201 4\Jul$Recycling Ordinance Multifamily - SUM
E MIAMIBTACH BATE603
g MIAMIBEACH
City of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch. Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBIECT:AN ORDINANCE OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING ER 90 OF THE MIAM! 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 REQUTRED FOR MULTTFAMTLY RESTDENCES OF NINE (9) DWELLTNG
UNITS OR MORE; OWNERyASSOCIATION LIABILITY; REGYCLING CONTRACTORS'
ASSISTANCE," TO APPLY RECYCLING REQUIREMENTS TO MULTIFAMILY
RESIDENCES OF TWO (2) TO EIGHT (8) DWELLING UNITS; PROVIDING FOR
REPEALER SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the Clty Commission approve the Ordinance on Second
Reading.
BACKGROUND
At the June 6, 2012 CiW 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. ln the September 1 1 ,
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
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
July 23,2014
mtssron
SECOND READING - PUBLIC HEARING
604
City Commission Memo - Recycling Ordinance - Multifamily
July 23, 2014
Page 2 of 2
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
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 Commisslon 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 Committee
(NCAC). On September30, 2013, the NCAC recommended thatthe City Commission approve the
ordinance on First Reading. On June 11,2014, this Ordinance, which is being sponsored by
Commissioner Grieco, was approved by the City Commission on First Reading as amended to
extend the grace period to November 1,2014 and to include an educational component.
FIVE YEAR FISCAL IMPACT
ln 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.
GONCLUSION
The Administration recommends that the City Commission approve the ordinance on Second
9t9jng
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T:\AGENDA\2014\July\Recycling Ordinance Multifamily - MEM Second Reading.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING GHAPTER 90 OF THE
MIAMI BEACH CIry CODE, ENTITLED "SOLID WASTE," BY
AMENDING ARTICLE V, ENTITLED "CITYV\IIDE 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
MULTTFAMTLY RESTDENCES OF NINE (9) DWELLTNG UNTTS ORMORE; OWNER/ASSOCIATION LIABILITY; RECYCLING
CONTRACTORS' ASSISTANCE," TO APPLY RECYCLING
REQUTREMENTS TO MULTTFAMTLY RESTDENCES OF TWO (2) TO
EIGHT (8) DWELLING UNITS AS OF NOVEMBER 1,2014; PROVIDING
FOR REPEALER, SEVERABILITY, GODIFICATION, 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 between two (2) and eight (8) 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 ef nine (9) dwelling units er mere;
owner/association liability; recycling contractors' assistance.
(a) As of January 1, 2013, every multi-family residence of nine (9) dwelling units or
more and as of Aus+rsl2 November 1, 2014, everv multi-familv residence of two (2) to eioht (8)
dwellinq 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
and as of Aueu€{.4 November 1, 2014, everv multi-familv residence of two (2) to eioht (8)
dwellinq 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) G/ass. 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;
607
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) P/asfics. All high density polyethylene (HDPE) 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
products, or crankcase oil, which must be empty and rinsed clean of residue.
This term excludes all plasticfllm, plastic bags, vinyl, rigid plastic (i.e., toys), and
plastic foam materials; and
(c)Everymulti-familyresidenceshallbeservicedbya
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.
SECT!ON3. SEVERAB!LITY.
lf 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.
SEGTION 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 1st day of November, 2014.
PASSED and ADOPTED this day of
ATTEST:
2014.
PHILIP LEVINE, MAYOR
MFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S*rit<e+n+e+tgh denotes deletio ns.
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APPROVED AS TO
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