(A)   Before engaging in business in the city, all recovered materials haulers must:
      (1)   Be certified by the Florida Department of Environmental Protection or any successor agency performing a like function, pursuant to F.S. § 403.7046; and
      (2)   Register with the city on an annual basis and must have an active, current registration permit.
         (a)   Registration and application. Any person who engages in the purchasing, transporting and processing of recovered materials at commercial establishments shall register with the city in accordance with the requirements of this section. The registrant shall submit an original and one copy of all required information to the City of Pompano Beach Solid Waste Department. The registration required by this section shall be in addition to and not satisfied by any occupational license, which may be required. Applications for registration required by this section shall be made to the city upon such form and in such manner as prescribed by the city. The application shall be in such form to elicit the following information and such other information as may be required from time to time:
            1.    Registration fee. To be acceptable for filing, an application for registration shall be accompanied by a registration fee in the following amount, as appropriate:
   Initial registration application or re-application   $200
   Annual renewal of registration             $200
   Transfer of registration                $100
      (3)   Certification or proof of insurance, detailing terms and provisions of coverage, must be received and approved by the City of Pompano Beach Risk Management Division.
         (a)   Liability insurance. The hauler shall maintain liability insurance on all equipment operated in the city for bodily injury and property damage in amounts not less than $250,000/$500,000 bodily injury in any one accident, the latter figure for accidents involving more than one person; and property damage insurance in an amount of not less than $25,000 for one accident. Further, the hauler shall provide worker's compensation insurance for its employees in the form and amount prescribed by law. The aforesaid liability insurance shall include a ten-day notice of cancellation in favor of the city. The hauler shall furnish to the city a copy of the aforesaid insurance policies. The city shall be an additional named insured in such policies.
   (B)   Recovered materials generated at a commercial establishment must be source separated at the premises of the commercial establishment.
   (C)   Failure to comply with any requirements of subsection (A) and (B) above shall constitute a violation punishable as provided in § 96.53 of this chapter.
      (1)   Violation. Each violation of this section or any of its subsections is deemed a separate and distinct violation of this Code; however, for the first violation of operating without a registration the hauler or dealer shall be given a written warning and allowed ten calendar days to apply for and receive the required permit.
      (2)   Penalty. Any person who violates any provision of this section shall be punished as provided herein:
         (a)   Fine. Each violation of this section shall be punishable by a minimum civil penalty of $250. Any fine not paid within ten days of issuance shall be filed and prosecuted in the County Court, whereupon, a maximum civil penalty of $500 may be assessed plus the costs associated with investigation and prosecution together with any equitable remedies deemed reasonable and proper by the court.
   (D)   (1)   Registration by recovered materials haulers shall be made with the Solid Waste Manager or his designee, on a form provided and shall include:
         (a)   Proof of registration with the state per subsection (A)(1) above; and
         (b)   Registration of the recovered materials hauler's name, including the owner or operator of the hauler, and, if the hauler is a business entity, its general or limited partners, its corporate officers and directors and its permanent place of business; and
         (c)   Certification that the recovered materials will be processed at a recovered materials processing facility satisfying the requirements of F.S. § 403.7046; and
         (d)   Proof of a valid, active Business Tax Receipt pursuant to § 96.17 of this chapter and Chapter 113 of this Code; and
         (e)   Payment of the annual registration fee of $200 to cover the costs incurred in the registration process.
      (2)   Failure to comply with all registration requirements shall result in a denial of the permit.
      (3)   Renewal of permits shall be made on an annual basis by January 1 of each year and shall require:
         (a)   Compliance with all requirements of subsections (A) and (D) above including, but not limited to, payment of the registration fee; and
         (b)   Filing of a report by the hauler identifying the approximate amount of recovered materials collected, recycled or reused from the city during the prior year; the approximate percentage of recovered materials reused, stored or delivered to a recovered materials processing facility or disposed of in a solid waste disposal facility; and the locations where any recovered materials were disposed of as solid waste as solid waste at the city’s designated disposal facility.
         (c)   Permit holder must provide to the city a copy of the recovered materials reporting forms, as submitted to the State of Florida Department of Environmental Protection.
      (4)   Failure to comply with any requirement for renewal shall result in denial of the renewal of a registration permit. In no event shall the registrant perform commercial establishment solid waste collection services under the guise of collecting, transporting, processing, or disposing of recovered materials.
      (5)   Denial of the issuance or renewal of any registration permit may be appealed to the City Manager by a written request received by the City Manager's office within ten days of receipt of the subject denial. Notice of denial will be mailed to applicants by certified and regular U.S. Mail. The City Manager's office will provide notice of the date, time and location of a hearing to appeal the denial decision; the City Manager or his designee will take evidence and testimony from the applicant and city staff relevant to the determination. Following the hearing, the City Manager or his designee will uphold or reverse the denial in a written determination furnished to all parties within ten days following the appeal hearing.
      (6)   If the city finds that the hauler has on more than two occasions within a one-year period violated state or local laws, ordinances, rules and regulations in the city related to its handling of recovered materials, the city may temporarily suspend or permanently revoke a permit for a violation as aforementioned and may immediately declare such permit null and void, and, upon such declaration, the hauler issued the permit shall immediately cease all operations and shall be considered to have forfeited such permit and the rights to do business in the city.
         (a)   Reasonable notice of the intention to suspend or revoke the permit and reasons therefore must first be provided in writing, along with a notice of hearing before the city’s Special Magistrate with date, time and location. A minimum of ten days' notice prior to any such hearing shall be provided.
         (b)   Appeals of permit revocation shall be heard before one of the Code Enforcement Special Magistrates in a quasi-judicial proceeding with an opportunity for all parties to be heard and present relevant argument and testimony.
         (c)   Following the hearing, the Special Magistrate may uphold, deny or modify the city's action as to suspension or revocation.
         (d)   Appeal of the Special Magistrate's decision shall be made to Broward Circuit Court in accordance with the Florida Rules of Civil Procedure.
         (e)   Nothing in this section shall prohibit the city from enforcing this section by other means.
(Ord. 2016-45, passed 2-23-16; Am. Ord. 2020-03, passed 10-7-19)