§ 15-1. Definitions.

The following words and phrases when used in this chapter shall have the meanings ascribed to them in this section.

(a)

Board: The Miami-Dade County Board of County Commissioners.

(b)

Bulky waste: Less than one (1) cubic yard of construction and demolition debris, large discarded items or large accumulations of trash. Bulky waste shall include, without limitation, appliances, furniture, yard trash, crates, corrugated cardboard, and other similar items. Bulky waste shall not include tires or other solid waste requiring special handling.

(c)

Bundled yard trash: Clean yard trash which is gathered into bundles and tied securely so that each bundle does not exceed three (3) feet in length or weigh more than fifty (50) pounds.

(d)

Clean yard trash: Yard trash free of other forms of solid waste.

(e)

Commercial establishment: Any structure used or constructed for use for business operations. For purposes of this chapter, hotels and motels are commercial establishments. The term "commercial establishment" shall not include any residential unit or multi-family residential establishment.

(f)

Commingled yard trash: Yard trash mixed with other forms of solid waste.

(g)

Composting: Controlled biological decomposition of organic materials.

(h)

Construction and demolition debris: Discarded material generally considered not to be water-soluble or hazardous, including, without limitation, steel, concrete, glass, brick, asphalt roofing material, or lumber from a construction or demolition project. Commingling construction and demolition debris with any amount of other types of solid waste will cause it to be classified as other than construction and demolition debris.

(i)

Containerized waste: Solid waste (other than solid waste requiring special handling) which is placed in cans, plastic garbage bags or bulk containers, or in bundles, in the case of bundled yard trash.

(j)

County Solid Waste Management System: The aggregate of those solid waste management facilities owned by or operated under contract with Miami-Dade County.

(k)

County-wide solid waste service area: The entire geographical area of Miami-Dade County, to which the department provides solid waste management services.

(l)

Curbside: The area between the sidewalk and the street edge, or, in areas without sidewalks, the area between the edge of the traveled portion of any public or private street and the property line, which area shall not exceed ten (10) feet.

(m)

Customer: A person who uses the solid waste or recycling collection services of a permitted hauler or the appropriate governmental agency.

(n)

Delivery: The bringing of solid waste or recyclable material to a solid waste management facility for the purpose of resource recovery, disposal, recycling, processing, transfer, or storage.

(o)

Department: The Miami-Dade County Department of Solid Waste Management.

(p)

Director: The Director of the Department of Solid Waste Management or person(s) designated by the Director.

(q)

Disposal Facility Fee: A fee imposed on private haulers operating in the Disposal Facility Fee Area, that collect, transport, or deliver solid waste for disposal, to cover Solid Waste Management System Costs, which fee does not apply to construction and demolition roll-off service, recycling service or compactor leasing service.

(r)

Disposal Facility Fee Area: the unincorporated area of Miami-Dade County, as it was geographically configured on February 16, 1996, within which the Disposal Facility Fee is imposed.

(s)

Dumping: Throwing, discarding, placing, depositing or burying any solid waste in an area or manner not permitted by the Code of Miami-Dade County.

(t)

Facility: Anything that is built or purchased to make an action or operation easier or to serve a special purpose.

(u)

Garbage: Any accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of, edibles, and any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects.

(v)

Garbage can: A container made of galvanized metal, durable plastic or other similar material capable of containing garbage, with a capacity of not less than twenty (20) gallons and not more than thirty-two (32) gallons and having the following characteristics: (1) at least two (2) handles upon the sides or a bail by which it may be lifted; (2) sufficient strength for workmen to empty conveniently; (3) a tight-fitting metal or plastic top with handle; (4) construction as to permit the free discharge of its contents; and (5) no inside structures such as inside bands and reinforcing angles or anything within the container to prevent the free discharge of the contents.

(w)

Hazardous waste: Solid waste which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may, when improperly transported, disposed of, stored, treated or otherwise managed, 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 the environment when improperly transported, disposed of, stored, treated or otherwise managed.

(x)

Industrial waste: Condemned food products, or solid waste resulting from the following activities or operations of the following facilities: (1) canneries; (2) slaughterhouses or meat packing plants; (3) brick, concrete block, roofing shingle or tile plants; and (4) land clearing, excavating, building, rebuilding and altering of buildings, structures, roads, streets, sidewalks, or parkways. Industrial waste shall also include any solid waste materials which, because of their volume or nature, do not lend themselves to collection and incineration commingled with ordinary garbage and trash, or which, because of their nature or surrounding circumstances should be, for reasons of safety or health, disposed of more often than the County collection service schedule provided for in this chapter.

(y)

Landscaping business: Any person operating a business in Miami-Dade County that is engaged in the business of creating or maintaining landscaped areas, including tree trimming and tree removal.

(z)

Litter: Solid waste, in any amount, which is not containerized.

(aa)

Mixed paper: Paper material free of any solid waste. Mixed paper shall include, without limitation, white ledger, colored ledger, discarded letters and envelopes, computer paper and office paper. For purposes of this chapter, the term "mixed paper" shall not include newspaper and cardboard. Commingling of mixed paper with newspaper, cardboard or solid waste shall cause it to be classified as other than mixed paper.

(bb)

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.

(cc)

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.

(dd)

Neighborhood trash and recycling center: A neighborhood site, maintained by the Department, for use by residents of unincorporated Miami-Dade County, and municipalities served by Miami-Dade County for solid waste collection and landscaping businesses that have a current permit issued in accordance with Section 15-17.1 of this Code, to deposit household-generated bulky waste such as clean yard trash; white goods; construction and demolition debris; and other household items; and, where collection of such items is provided for, recyclable items. Bulky waste shall be presumed to be other than household-generated, and shall be rejected, if delivery to a neighborhood trash and recycling center is attempted by means other than the following: (1) hand; (2) automobile; (3) van; (4) pick-up truck.

(ee)

Noncombustible solid waste: Solid waste that is not burnable at ordinary incinerator temperature which shall include, without limitation, metals, mineral matter, large quantities of glass or crockery, metal furniture, auto bodies or parts, and other similar material not usual to housekeeping or to operation of commercial establishments.

(ff)

Ordinary incinerator temperature: Eight hundred (800) degrees to one thousand eight hundred (1,800) degrees Fahrenheit.

(gg)

Permittee: Any person who obtains a permit from the Department.

(hh)

Person: Any natural person, individual, public or private corporation, firm, partnership, association, joint venture, municipality, governmental agency, political subdivision, public officer, or any other entity whatsoever, or any combination of such, jointly or severally.

(ii)

Pick-up truck: A light truck having a gross vehicle weight (GVW) of not more than fifteen thousands (15,000) pounds, manufactured with a fixed open cargo bed, which bed does not exceed the width nor the height of the cab and is no longer than eight (8) feet.

(jj)

Plastic garbage bag: A polyethylene or other heavy-duty plastic bag which meets the National Sanitation Foundation standard for thickness of one and five-tenths (1.5) mils, has a capacity not to exceed thirty-two (32) gallons, and has a securing mechanism.

(kk)

Portable container: A dumpster, rollaway or other similar container designed for mechanized collection.

(ll)

Private solid waste hauler (collector); Private hauler; Hauler: Any person, entity, corporation, or partnership having a current permit issued in accordance with Section 15-17.1 of this Code that removes, collects or transports for hire any solid waste over the streets or public rights-of-way within any unincorporated area of the County.

(mm)

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.

(nn)

Recycling container: Receptacle used for recyclable material.

(oo)

Recycling program: An operation which provides for the separate gathering, storage, collection and marketing of recyclable material.

(pp)

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.

(qq)

Residential unit: Any structure which is used, or constructed for use, as a single-family dwelling, duplex, cluster house, or townhouse, and which is located on a single lot, parcel or tract of land. For the purposes of this chapter, any condominium structure composed of privately owned, single-family housing units with separate means of ingress and egress and containing no more than two (2) stories shall be considered a residential unit. The term residential unit shall not include any multi-family residential establishment.

(rr)

Resource recovery: The process of recovering materials or energy from solid waste, excluding those materials or solid waste under control of the Nuclear Regulatory Commission.

(ss)

Resource recovery and management facility: Any facility the purpose of which is disposal, recycling, incineration, processing, storage, transfer, or treatment of solid or liquid waste; but for the purpose of permitting does not include sewage treatment, industrial waste treatment, or facilities exclusively within state or federal jurisdiction.

(tt)

Service unit: An area located in any commercial establishment which provides four (4) sleeping rooms or a fraction thereof, where no cooking facilities are provided.

(uu)

Solid waste: Garbage, trash, litter, yard trash, hazardous waste, construction and demolition debris, industrial waste, or other discarded material, including solid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.

(vv)

Solid waste collection service area: That portion or entirety of the county-wide solid waste service area to which the department provides curbside garbage and trash collection service.

(ww)

Solid waste disposal: Disposition of solid waste by means of combustion, landfilling or other final method of discard.

(xx)

Solid waste management facility: Any solid waste disposal area, volume reduction plant, transfer station or other facility, the purpose of which is resource recovery or the disposal, recycling, processing, transfer or storage of solid waste.

(yy)

Solid waste management master plan: A document which shall set forth (a) goal(s), objectives and policies for solid waste management in Miami-Dade County, and shall include a comprehensive evaluation of solid waste management alternatives and recommended actions.

(zz)

Solid Waste Management System Costs: Costs incurred to provide solid waste management services, including, without limitation, (a) costs for construction, reconstruction, or completion, of any facility, (b) the costs of acquisition or purchase of any facility, (c) the cost of labor, materials, machinery and equipment, (d) the cost of fuel, parts, supplies, maintenance, repairs and utilities, (e) the cost of computer services, data processing and communications, (f) the cost of all lands and interest therein, leases, property rights, easements and franchises of any nature whatsoever, (g) the cost of any indemnity or surety bonds and premiums for insurance, (h) the cost of salaries, workers compensation insurance or other employment benefits, (i) the cost of uniforms, training, travel and per diem, (j) amounts necessary to pay redemption premiums or other costs associated with the early retirement of obligations, (k) the creation of reserve or debt service funds, (l) costs and expenses related to the issuance of obligations, all financing charges and any expenses related to the issuance of obligations, all financing charges and any expenses related to any liquidity facility or credit facility, (m) the cost of construction plans and specifications, surveys and estimates of costs, (n) the cost of engineering, financial, legal and other professional services and, (o) all other costs and expenses properly attributable to providing solid waste management capacity by the County.

(aaa)

Solid waste requiring special handling: Solid waste materials which, because of their quantity, concentration, composition or physical, chemical or infectious characteristics require transportation or disposal in a manner not typical of other solid waste.

(bbb)

Tire: A continuous covering for the wheel of a motor vehicle usually made of rubber reinforced with cords of nylon, fiberglass or other material and filled with compressed air.

(ccc)

Trailer: An accessory vehicle that is towed by the permitted vehicle. Trailer bed shall not be larger than 6 feet high, 6 feet wide by 10 feet long. Any trailer which does not exceed 6 cubic yards carrying capacity shall be charged for disposal at neighborhood trash and recycling centers at the same rate as pickup trucks and vans.

(ddd)

Trash: Any accumulation of paper, packing material, rags or wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of commercial establishments.

(eee)

Unincorporated Miami-Dade County: Any part of Miami-Dade County not lying within the boundaries of a duly incorporated village, town, or municipality.

(fff)

Used tire: A tire that is suitable for vehicular use or is suitable for retreading and is intended by the holder thereof to be for vehicular use or retreading.

(ggg)

Van: A fully enclosed vehicle which is manufactured and marketed by a major automobile manufacturer as a van and which has a gross vehicle weight of not more than 11,000 pounds.

(hhh)

Vegetative food waste: Discarded edible fruit and vegetable matter which is capable of biological decomposition.

(iii)

Waste tire: A tire from a motorized vehicle, that is no longer suitable for its originally intended purpose because of wear, damage or defect, or which is no longer intended by the holder thereof for vehicular use.

(jjj)

Waste tire generator: Any person that is either principally or partially engaged in the selling, trading or otherwise transferring of new, used or waste tires, whether such transactions are for cash, barter or without consideration.

(kkk)

Waste tire transporter: Any person transporting five (5) or more waste tires for hire.

(lll)

Yard trash: Vegetative matter resulting from landscaping and land clearing operations.

(Ord. No. 59-12, §§ 1.01—1.12, 6-9-59; Ord. No. 72-6, § 1, 2-1-72; Ord. No. 77-56, § 1, 7-19-77; Ord. No. 77-72, § 1, 9-20-77; Ord. No. 79-115, § 1, 12-18-79; Ord. No. 80-143, § 2, 12-16-80; Ord. No. 81-108, § 1, 9-15-81; Ord. No. 82-105, § 1, 11-2-82; Ord. No. 83-109, § 3, 11-15-83; Ord. No. 85-8, § 3, 2-5-85; Ord. No. 89-5, § 1, 1-17-89; Ord. No. 90-11, § 1, 2-20-90; Ord. No. 91-95, § 1, 9-16-91; Ord. No. 91-123, § 2, 10-15-91; Ord. No. 92-20, § 2, 3-17-92; Ord. No. 92-28, § 1, 4-21-92; Ord. No. 92-43, § 1, 5-19-92; Ord. No. 92-155, § 1, 12-15-92; Ord. No. 94-198, § 1, 11-1-94; Ord. No. 95-174, § 9(Att. C, § 1), § 10(Att. D), 9-20-95; Ord. No. 99-91, § 1, 7-27-99; Ord. No. 02-166, § 24, 9-19-02; Ord. No. 03-180, § 1, 7-22-03; Ord. No. 06-172, § 1, 11-28-06)