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 Miami - Dade County
 Code of Ordinances
 Chapter 15. SOLID WASTE MANAGEMENT

  § 15-25. Fees for disposal of solid waste brought to County solid waste management facilities.  

Latest version.

  • (a)

    Fees at solid waste management facilities. The department shall charge and collect fees for the disposal and transfer of solid waste brought to County solid waste management facilities at the rates established by separate administrative order, which shall not become effective until approved by the Board of County Commissioners.

    (b)

    Waste material weight estimation. The Director shall promulgate a schedule of estimated waste material weights to be used in determining fees during emergency periods, such as, but not limited to post-hurricane period, other post-natural disaster periods of weighing equipment malfunctions, when actual weights cannot be obtained. Such estimated weights shall be based on studies of actual waste material weights and shall be uniform for all vehicles of the same type and capacity.

    (c)

    Fee supplements. A fee supplement may be added to the established disposal fee when the Director determines that a particular solid waste is solid waste requiring special handling in order to assure the safe and proper disposal of a particular solid waste. This fee supplement shall be based on the additional cost of the required special handling which shall include, but not be limited to, labor, materials, and equipment. The department shall charge and collect fee supplements at the rates established by separate administrative order, which shall not become effective until approved by the Board of County Commissioners.

    (d)

    Filing of schedules of estimated waste material weights. The Director shall file with the Clerk of the Board of County Commissioners and make available upon request to all others copies of the schedules required to be promulgated by subsections 15-25(b).

    (e)

    Appeals from fixing of fees. Any party aggrieved by the action of the Director, or his designated representative, in the fixing of a fee based on an estimated weight or fee supplement for special handling may appeal the action after paying the fee under protest. Such an appeal must be made in writing to the County Manager within fifteen (15) days after the date of the decision complained of, on a form prescribed by Miami-Dade County. The decision being appealed must be set forth concisely, along with the reasons or grounds for the appeal.

    The County Manager shall, within ten (10) days after receiving the written notice of appeal, appoint a three-member committee made up of Departmental personnel other than the Department of Solid Waste Management which, after considering the appeal, may affirm, reverse or modify the decision appealed from, provided that the committee shall not take any action which conflicts with or nullifies any of the provisions of this section.

    The decision of the committee may be appealed to the Board of County Commissioners by filing within ten (10) days after the date of the decision complained of, on a form prescribed by Miami-Dade County, a written notice of appeal with the County Manager, with a copy to the Clerk of the Board of County Commissioners, which sets forth concisely the decision appealed from and the reasons and grounds for the appeal. Reasonable notice of all hearings shall be provided by the clerk to all affected parties. The Board of County Commissioners may affirm, modify or reverse the decision appealed from. The decision of the Board of County Commissioners shall be final, and no petition for rehearing or reconsideration shall be considered.

    (f)

    Exemptions. Any charitable organization, as defined by the Internal Revenue Code, which reconditions used household goods or business discards, shall pay one-half of the uniform disposal fee for the disposal of solid or bulky waste; provided, however, that this partial exemption shall not apply to the payment of transfer station fees, nor shall it prohibit the Director or his designee from assessing a fee supplement for the disposal of solid waste requiring special handling.

    Any person owning or leasing property which is used predominantly for agricultural purposes may apply for an exemption from fees for the disposal of solid waste which was dumped illegally on the subject property. The property owner or lessee must deliver the illegally dumped material to the solid waste disposal and resource recovery facility designated by the Department. The application form and procedure for such exemption shall be determined by the Department and shall include an affidavit by the owner or lessee attesting to the accuracy of all information contained in the application. A property will not be eligible for more than one (1) exemption unless the property owner or lessee has fenced, bermed, or taken other measures to prevent illegal dumping.

    (g)

    Disposal fee for permitted landscaping businesses at the neighborhood trash and recycling center(s) and/or County-owned solid waste management facilities shall be established by separate administrative order, which shall not become effective until approved by the Board of County Commissioners.

(Ord. No. 59-12, § 3.09, 6-9-59; Ord. No. 60-22, § 6, 7-26-60; Ord. No. 67-30, § 1, 4-25-67; Ord. No. 69-82, § 2, 11-26-69; Ord. No. 70-43, § 1, 5-27-70; Ord. No. 70-71, § 1, 9-15-70; Ord. No. 73-76, § 1, 9-18-73; Ord. No. 75-17, § 1, 3-4-75; Ord. No. 75-112, § 4, 12-2-75; Ord. No. 79-74, §§ 2, 3, 9-18-79; Ord. No. 80-3, § 1, 1-22-80; Ord. No. 80-143, § 3, 12-16-80; Ord. No. 81-108, § 1, 9-15-81; Ord. No. 82-36, § 1, 5-4-82; Ord. No. 82-89, § 1, 9-17-82; Ord. No. 82-1905, § 1, 11-2-82; Ord. No. 85-62, § 1, 9-3-85; Ord. No. 89-5, § 12, 1-17-89; Ord. No. 90-17, § 1, 3-6-90; Ord. No. 91-95, § 21, 9-16-91; Ord. No. 92-43, § 11, 5-19-92; Ord. No. 95-174, § 10(Att. D), 9-20-95; Ord. No. 02-166, § 24, 9-19-02; Ord. No. 03-180, § 7, 7-22-03)