§ 11-182. Definitions.

The following terms and definitions shall apply to all divisions of article IV, except where stated otherwise within the individual divisions:

Acceptable waste shall mean solid waste, including garbage, rubbish, refuse, residue, incidental amounts of household hazardous waste as permitted by the Florida Department of Environmental Protection, and other discarded solid or semi-solid materials resulting from domestic, commercial, industrial, recycling, resource recovery, agricultural and governmental operations. Acceptable waste also includes bulk waste, special waste (except those defined under unacceptable waste), and recyclable materials. Acceptable waste shall not include regulated hazardous waste, medical waste, biomedical waste, biological waste, infectious waste, and yard trash.

Applicable law means all applicable federal and State of Florida laws, local (municipal and county) ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the services provided under this article.

Biomedical waste means any solid waste or liquid wastes which may present a threat of infection to humans. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contains human-disease-causing agents; discarded disposable sharps, human blood, and human blood products and body fluids; and other materials that, in the opinion of the department of health, represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under Chapter 497, Florida Statutes.

Biological waste means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under Chapter 497, Florida Statutes.

Board shall mean the board of county commissioners of Okaloosa County, Florida, which is the governing body of the county.

Bulk waste shall mean any waste that requires additional management due to its bulk or weight. Bulk waste does not include any form of matter or debris resulting from tree removal, land clearing, land development, or special waste as defined herein.

Bulk waste residential collection service means the bulk waste collection services provided to persons occupying dwelling units within the designated franchise area, including dwelling units located in mobile home parks who receive collection services at curbside.

Cart means a wheeled container intended for automated collection, which is a type and size approved by the county.

Certified recovered materials dealer means a dealer certified under Section 403.7046, Florida Statutes.

Clean debris means any solid waste which is virtually inert, which is not a pollution threat to ground water or surface waters, is not a fire hazard, and is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes brick, glass, ceramics, and uncontaminated concrete including embedded pipe and steel.

Collection means the process whereby solid waste, bulk waste, yard trash or recyclable material is removed and transported to a designated facility.

Collection component means the portion of the billing fee set by the county for solid waste, yard trash, recycling, and bulk waste residential collection services.

Commercial property means any structure used or constructed for use for business operations, including all retail, professional, wholesale and industrial facilities, manufacturing facilities, non-profit enterprises, governmental/public agencies, and any other commercial enterprises offering goods or services to the public. For purposes of this article, the following are also considered commercial properties, this includes but is not limited to: Hotels and motels; apartment complexes of greater than five dwelling units; mobile home park of greater than five dwelling units; multi-family dwelling units of greater than five units; trailer/recreational vehicle parks; businesses and institutions, including but not limited to, manufacturing, industrial, institutional enterprises, and other such similar developed property types.

Commercial collection service means solid waste collection service within the service area to commercial property.

Compactor means any container that has compaction mechanism(s) whether stationary or mobile, all inclusive.

Construction and demolition debris means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause the resulting mixture to be classified as other than construction and demolition debris. The term also includes:

(1)

Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;

(2)

Except as provided in Section 403.707(9)(j), Florida Statutes, yard trash and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects;

(3)

Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and

(4)

De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry.

Container means a non-compaction or compaction dumpster or roll-off container.

County shall mean Okaloosa County, Florida, a political subdivision of the State of Florida, acting by and through its board of county commissioners.

Curbside means that portion of the street right-of-way paralleling any public thoroughfare between the curb lines and abutting property line. If ditching bisects the property and thoroughfare, the curbside then becomes the roadside of the ditch. This designated location shall be as near as possible to the traveled streets or alley. The intention of a curbside designation is to allow collection by the franchisee's personnel in a rapid manner with walking or reaching minimized.

Designated facility means the facilities designated by the county for delivery of solid waste, yard trash, recyclable materials and bulk waste collected pursuant to the franchise agreements.

Designated residential collector means an entity that has entered into an exclusive franchise agreement with the county for residential solid waste and recycling services.

Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or upon any land or water so that such solid waste or hazardous waste or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters, including groundwater, or otherwise enter the environment.

Disposal component means the portion of the billing fee set by the county for tipping fee, landfill costs, and other solid waste management costs.

Dwelling unit shall mean any type of structure or building unit with kitchen facilities capable of being utilized for residential living. Dwelling unit includes houses, condominiums, townhouses, apartments, efficiency apartments and mobile homes.

Electronics means computers, monitors, keyboards, mice, terminals, printers, modems, scanners, cell phones, televisions and copiers, and other electronic equipment as directed by the county.

Fill means man-made deposits of earth or waste materials used to fill excavations, to increase the vertical or horizontal extent of land or solid waste disposal units or to build embankments.

Hazardous waste means solid waste or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or environment when improperly transported, disposed of, stored, treated, or otherwise managed. Hazardous waste shall include all such waste as defined by the Rules of the Florida Department of Environmental Protection Chapter 62-730 F.A.C., or 40 Code of Federal Regulations 261, or both, as either or both may be amended from time to time and to the extent either or both is applicable to the disposal of Waste in Florida. Hazardous waste is not intended to include de minimus amounts of household hazardous wastes as defined by F.A.C. 62-701.100. The term does not include human remains that are disposed of by persons licensed under Chapter 497, Florida Statutes.

Household furniture means all movable compactable articles or apparatus, such as chairs, tables, sofas, mattresses, etc., for equipping a house.

Incorporated municipalities means those duly incorporated municipalities in Okaloosa County consisting of Cinco Bayou, Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Shalimar and Valparaiso.

Infectious waste means those wastes that may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves.

Items for special pickup mean pickups of large items such as trees, sod and lumber, discarded automobiles or other items not defined in the franchise agreements as either solid waste, yard trash, or bulk waste and shall be considered as a request for special pickup services and such special services shall not be subject to the fees and charges set out in the franchise agreements, but may be agreed upon by the person requesting such service and the franchisee.

Merchant waste means acceptable waste that was collected from locations outside the county jurisdictional boundaries. Merchant waste does not include commercial waste generated within unincorporated areas of the county or within incorporated municipalities.

Multi-family dwelling unit shall mean dwelling units containing greater than five individual dwelling units in a single complex.

Multi-family residential solid waste collection service means the collection of solid waste from persons occupying multi-family dwelling units within a service area.

Non-exclusive franchise agreements mean agreements entered into by Okaloosa County for the collection of commercial solid waste.

Off-site construction and debris recycling or disposal means any construction and debris recycling or disposal which is performed on a property other than where the waste is generated.

On-site construction and debris recycling or disposal means construction and debris recycling or disposal on the same or geographically contiguous property which may be divided by a public or private right-of-way where the waste is generated.

Recovered materials means metal, paper, glass, plastic textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for any use that constitutes disposal. Recovered materials are not solid waste.

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

Recycling means any process by which solid waste or materials which would otherwise become solid waste, are collected, separated or processed and reused or returned to use in the form of raw materials or products.

Recycling container means a container which is a type approved by the county for recyclable material collection.

Recycling facility means the facility designated by the board of county commissioners at which recyclable materials are delivered for processing and/or transport.

Residential property means any structure which is used, or constructed for use, as a single-family dwelling, and any other dwelling not defined as commercial property herein.

Residential recyclable material collection service means the recyclable materials collection services provided to persons occupying single-family dwelling units.

Residential solid waste collection service means the solid waste collection services provided to residential property within the designated franchise area.

Residential yard trash collection service means the yard trash collection services provided to persons occupying single-family dwelling units within the designated franchise area, including single-family dwelling units located in mobile home parks who receive collection services at curbside.

Resource recovery means the process of recovering materials or energy from solid waste, excluding those materials or solid waste under the control of the nuclear regulatory commission.

Service area means the unincorporated areas of Okaloosa County, Florida.

Single-family dwelling unit shall mean dwelling units, including single-family residences, or any building or structure containing five or less individual dwelling units in a single complex. Recreational vehicles not located in recreational vehicle parks and mobile homes which are not located in a mobile home park or mobile home subdivision, and which are otherwise considered real property under the Florida Statutes, shall be considered single-family dwelling units. Additionally, recreational vehicles and mobile homes located in recreational vehicle or mobile home parks that are not serviced by multi-family residential collection service shall be considered single-family dwelling units.

Solid waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials are not solid waste.

Solid waste disposal facility means any solid waste management facility that is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste.

Solid waste division means the county division charged with the authority and responsibility to manage all functions of the solid waste division of Okaloosa County, Florida.

Solid waste management means the process by which solid waste is collected, transported, stored, separated, processed, or disposed of in any other way according to an orderly, purposeful, and planned program, which includes closure.

Source separated means that the recovered materials are separated from solid waste at the location where the recovered materials and solid waste are generated. The term does not require that various types of recovered materials be separated from each other, and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials. Materials are not considered source separated when two or more types of recovered materials are deposited in combination with each other in a commercial collection container located where the materials are generated and when such materials contain more than ten percent solid waste by volume or weight. For purposes of this subsection, the term "various types of recovered materials" means metals, paper, glass, plastic, textiles, and rubber.

Special wastes means solid wastes that can require special handling and management, including, but not limited to, white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, yard trash, and biological wastes.

Tipping fee means a charge by the county for the receipt or disposal, processing or management of solid waste.

Ton means a short ton, 2,000 pounds (9.078 metric tons).

Transfer station means a site the primary purpose of which is to store or hold solid waste for transport to a processing or disposal facility. The facility shall be designated by the board of county commissioners.

Unacceptable waste shall mean wastes that are not accepted for class 1 disposal. These materials include infectious waste and hazardous wastes as defined above, those wastes excluded from the definition of acceptable wastes, and materials exhibiting the following characteristics:

(1)

Hazardous placards or markings;

(2)

Liquids;

(3)

Powers or dusts;

(4)

Drums or commercial size containers; and,

(5)

Chemical odors.

Other unacceptable materials include:

(1)

Asbestos containing wastes;

(2)

Ash;

(3)

Fluorescent light bulbs;

(4)

Mercury containing devices;

(5)

Whole tires; and

(6)

Liquid wastes.

White goods includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial appliances.

Yard trash means vegetative matter resulting from landscaping maintenance and land clearing operations and includes associated rocks and soils.

Yard trash receptacle means a rigid plastic container, kraft paper bag, or other container type suitable for collection of yard trash, which is provided by the customer and approved by the county. Such receptacle shall not weigh more than 50 pounds including its contents.

( Ord. No. 17-05 , § 3, 4-4-17)