§ 11-5. General requirements for the management of solid waste.
(a)
No person shall collect, transport, place, deposit, bury, burn, or dispose of any solid waste within Polk County, unless the person complies with all applicable laws, including, but not limited, to the requirements in this chapter, Chapter 403, Florida Statutes (2013), and the rules of the Florida Department of Environmental Protection.
(b)
Subject to any and all applicable laws, the county may designate the types and quantities of solid waste that may be disposed within a disposal site. No person shall deliver solid waste or dispose of solid waste in a disposal site that is not designated by the county for the recycling or disposal of such waste.
(c)
All solid waste generated within Polk County shall be transported to, and shall be recycled or disposed within a properly permitted solid waste management facility.
(d)
No person shall place or deposit any solid waste in such a manner that the solid waste may be carried by the wind or elements upon any public property or the real property of another person.
(e)
If any solid waste is scattered or blown from a person's solid waste container onto real property owned by another person, the person whose solid waste is scattered or blown onto another person's real property shall promptly take the necessary steps to collect and remove the solid waste.
(f)
No person may provide commercial collection service unless they have received a commercial franchise from the county in compliance with article IV, below, or they are exempt from the franchise requirement.
(g)
No person may provide residential collection service unless they have entered into a residential franchise agreement with the county in compliance with article III, below.
(h)
No person shall scatter, spread, scavenge, salvage, or remove any solid waste or recyclable material that has been set out by an owner or occupant for removal by a collector, unless such person is authorized to do so by the owner or occupant or by the director and such person complies with the requirements herein.
(i)
No person shall maintain or permit an unsanitary nuisance.
(j)
No person shall place flammable liquids, explosives, radioactive waste, or hazardous material in a container or in, on, under, or near a location used for the collection of residential waste or commercial solid waste.
(k)
Any person transporting solid waste within Polk County shall keep such solid waste securely tied or covered to prevent leakage, spillage, or blowing of the waste. No person shall allow solid waste of any kind to spill, blow, or drop from their vehicle. If solid waste spills, blows, or falls from a vehicle, then immediately when safe to do so, the driver of the vehicle shall stop, pick up the solid waste, and remove it.
(l)
No person shall place, deposit, dump, or cause to be placed, deposited, or dumped, any flammable liquids, explosives, radioactive wastes, or hazardous material in or upon a disposal site, unless such person has received the county's prior written approval for the disposal of such material.
(m)
No person shall place, deposit, dump, or dispose of offal, animal carcasses, dead fish, or dead fowl, in or upon a disposal site without county approval.
(n)
No person shall place, deposit, dump, or dispose of a liquid waste in a disposal site, except at those disposal sites that are designated by the director for the disposal of such waste.
(o)
No person shall collect, remove, or salvage any junk, recyclable material, or other material from a disposal site, except with the prior written permission of the director.
(p)
No person shall enter, remain, or loiter within a disposal site for any purpose, except to unload and dispose of solid waste during the disposal site's hours of operation.
(q)
Except as otherwise provided herein, the county's disposal sites shall be used only for the disposal of the solid waste generated within Polk County. No person shall deliver, dump, or dispose of solid waste generated outside Polk County at a disposal site, except as provided in section 11-24, below.
(r)
No owner or occupant of commercial property shall accumulate or permit to be accumulated on their commercial property, any commercial solid waste that is not placed inside an enclosed container, unless such accumulation is authorized herein or pursuant to other applicable laws.
(s)
No person shall set out solid waste for collection on real property that is not owned or occupied by that person.
(t)
It shall be unlawful for any person to violate any of the provisions in this section 11-5. A violator of any provision of this section 11-5 shall be subject to the penalties and the county's remedies stated in sections 11-92 and 11-93, below.
(Ord. No. 13-069, § 1-5, 12-17-13)