Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 15, 2016
November 15, 2016 - Regular Meeting
Agenda Item #36

Solid Waste Ordinance Consolidation and Update


Contact and/or Presenter Information
Gus DiFonzo, Utilities Deputy Director, 5473
Jeanne Detweiler, Solid Waste Enforcement Superintendent, 8013

Action Requested
Move adoption of Ordinance 16-45 of Manatee County, Florida, Relating to Solid Waste and Recyclable Materials.

Enabling/Regulating Authority
Section 125.01, Florida Statutes
Chapter 63-1598, Laws of Florida, as amended

Background Discussion
  • The proposed ordinance does not affect any existing customer collection services, and there are no changes to the customer rates, which are addressed in rate resolutions.
  • The three main purposes of the proposed ordinance are to:
    1. Consolidate Chapter 1-13 with Chapter 2-16 to avoid duplicative and, in some cases, inconsistent provisions;
    2. Update outdated provisions to reflect current business practices and changes to the County;
    3. Reorganize Chapter 2-16 to make it easier to read and to locate provisions.
  • Consolidation of Chapter 1-13 with Chapter 2-16 to avoid duplication.
    • Chapter 1-13 was codified in 1985; Chapter 2-16 was last updated in 1994.
    • Within Chapter 2-16, the existing Article IV, Division 1 contains general provisions dealing with the County’s solid waste system.
    • Currently, there are a number of duplicative provisions that address the same issue.
    • The summary identifies the duplicative provisions that the proposed ordinance will delete and consolidate.

  • Update outdated provisions to reflect current business practices and changes to the County.
    • The proposed ordinance reflects conforming changes throughout to consistently refer to the processing of recyclable materials and a change from “garden trash” to “yard trash.” 
    • The proposed ordinance updates how Franchise Agreements are awarded to reflect the current practice.
    • The proposed ordinance eliminates area-wide variances, which no longer exist due to the changing nature of the County.
    • The proposed ordinance grandfathers individual exemptions.
    • The proposed ordinance more accurately describes what rates are included in rate resolutions.
    • Specific changes contained in the proposed ordinance are described in the summary.

  • Reorganize Chapter 2-16 to make it easier to read and to locate provisions.
    • Renames Chapter from “Garbage and Trash” to the more accurate title of “Solid Waste and Recyclable Materials.”
    • Proposed ordinance is organized in seven articles, each of which addresses a separate topic or aspect of the business. 
    • New organization makes it easier to find provisions and to understand what services the County performs. 

  • A more detailed summary outlining the proposed changes is attached.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please provide signed copies to Jeanne Detweiler (jeanne.detweiler@mymanatee.org) and Amy Pilson (amy.pilson@mymanatee.org)

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Response to CAO Matter No 2016-0003.pdf
Attachment:  Solid Waste Ordinance Summary (updated).pdf
Attachment:  Trash_Garbage_Amend_2016_ORD(10 25 16).pdf
Attachment:  Ordinance 16-45 - Notice of Public Hearing.pdf