(A) Definitions. For the purpose of this subchapter, the definitions contained in the Solid Waste Disposal Agreement shall apply unless otherwise specifically stated in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the plural. The word
SHALL is always mandatory and not merely directory.
CONTRACT MUNICIPALITIES. The Cities of Dania, Hallandale, Pompano Beach and Pembroke Pines, each of which is a municipal corporation existing under the laws of the state and located within Broward County, State of Florida.
HAULER. Those persons, firms or corporations or governmental agencies permitted (under either oral or written contracts or otherwise) to collect solid waste within the geographic boundaries of one or more contract municipalities.
POINT OF DELIVERY. For each contract municipality, the location or locations at which acceptable waste generated and collected within the boundaries of such contract municipality is to be delivered, as designated at any time by such contract municipality.
RESOURCE RECOVERY SYSTEM. The resource recovery facility or facilities which are constructed, operated and maintained or caused to be constructed, operated and maintained pursuant to the Solid Waste Disposal Agreement.
SOLID WASTE. Shall have the meaning set forth in Chapter 403, Part IV, Florida Statutes, as amended from time to time. The terms ACCEPTABLE WASTE, NON-PROCESSABLE WASTE AND UNACCEPTABLE WASTE shall have the meanings ascribed to them in the Solid Waste Disposal Agreement.
SOLID WASTE DISPOSAL AGREEMENT. That certain Solid Waste Disposal Agreement dated August 19, 1988, by and among the contract municipalities and Reuter Recycling of Florida, Inc., as amended by the letter agreement dated February 15, 1989 and the consent and agreement dated as of February 1, 1990, and as further amended from time to time pursuant to the provisions of the Solid Waste Disposal Agreement.
(B) Waste flow control. It is the purpose of this section to require all inhabitants and all haulers operating within the city, as defined in § 112.56 to use exclusively the resource recovery system identified in the Solid Waste Disposal Agreement for the disposal of all acceptable waste generated within the city for the purpose of ensuring that the resource recovery system receives an adequate quantity of acceptable waste.
(1) The city hereby directs that commencing on the date the resource recovery system is available to receive acceptable waste (as communicated in writing by Reuter Recycling of Florida, Inc.) all acceptable waste generated within its geographic boundaries be delivered to the resource recovery system transfer station or disposal facility or facilities designated in the plan of operation under the Solid Waste Disposal Agreement and further hereby relinquished any and all title and interest in such acceptable waste collected or generated within its geographical boundaries upon delivery of such acceptable waste to the point of delivery and acceptance thereof by Reuter Recycling of Florida, Inc.
(2) Any agreement that city may have with a hauler of solid waste shall provide for conformity with the terms and conditions of the Solid Waste Disposal Agreement.
(3) Nothing herein is intended to either discourage or prohibit either voluntary or locally ordained solid waste segregation programs segregating scrap or new or used materials at the point of generation and held for the purposes of recycling.
(C) Penalty. Anyone who violates any provision of this section shall be punishable as provided for in § 10.99. Additionally, violators will be responsible for the city’s attorney’s fees, if any, which are imposed.
(Ord. 948, passed 3-20-91; Am. Ord. 976, passed 11-6-91)