Utilities Department Proposed Revisions to Chapter 32 of Orange County Code

1. Utilities DepartmentProposed Revisions to Chapter 32 of Orange County Code Board of County Commissioners February 5, 2008

2. Chapter 32 Chapter 32 of the Orange County Code provides the framework for solid waste services administered by Utilities • Authority to finance, construct and operate solid waste management facilities • Mandatory residential garbage collection

3. Chapter 32 Chapter 32 of the Orange County Code provides the framework for solid waste services administered by Utilities • Waste tire program • Licensing of commercial haulers and recyclers

4. Chapter 32 Chapter 32 also contains requirements for programs administered by other departments • Private landfill permitting • Litter control

5. Article IV Article IV, Collection and Disposal • Originally written in 1960’s • 1985 Revised to enact mandatory garbage collection program • 1990 Added residential recycling program • 1994 Revised to require commercial recycling • 2001 Article IV allows for competitive bidding of hauler contracts-began competitively bidding in 2001

6. Article IV Article IV, Collection and Disposal • Administration of the mandatory residential collection program • Commercial recycling requirements • Insurance requirements • Licensing of commercial waste haulers • Miscellaneous minor changes

7. Article IV Article IV, Collection and Disposal • Administration of the mandatory residential collection program • Commercial recycling requirements • Insurance requirements • Licensing of commercial waste haulers • Miscellaneous minor changes

8. Administration Of The Mandatory Residential Collection Program • When code was written, Orange County did not competitively bid contracts for residential waste haulers • Code was the only mechanism to regulate haulersand define citizen’s participation requirements

9. Administration Of The Mandatory Residential Collection Program • Orange County now competitively bids contracts for residential waste haulers • Requirements for haulers are now specified in agreements

10. Administration Of The Mandatory Residential Collection Program • Redundancies exist between code and hauler agreements • Potential conflicts regarding collection program details

11. Administration Of The Mandatory Residential Collection Program Redundancies between code and hauler agreements • Recommend removing redundant language • Certain requirements for haulers will remain in code where necessary to protect the County

12. Administration Of The Mandatory Residential Collection Program Potential conflicts regarding collection program details • Code contains very specific requirements • Container size • Placement of waste • Frequency of collection • If Board desires to modify program, code would require revisions

13. Administration Of The Mandatory Residential Collection Program Potential conflicts regarding collection program details • Recommend removing program details from code • Director would create “Program Requirements” to specify program details for citizens, and to implement other aspects of the program chosen by Board through IFB process • Enforcement related program requirements would remain in code

14. Article IV Article IV, Collection and Disposal • Administration of the mandatory residential collection program • Commercial recycling requirements • Insurance requirements • Licensing of commercial waste haulers • Miscellaneous minor changes

15. Commercial Recycling Requirements Commercial Recycling • In 1994 Chapter 32 was modified to require recycling by commercial generators • Orange County developed a Blue Bag Program • Generators could utilize County Blue Bag Program or private recycler • Blue Bag Program discontinued in 2000

16. Commercial Recycling Requirements • Recommend removing references to Blue Bag Program • Requirement to recycle will remain in code Commercial Recycling

17. Article IV Article IV, Collection and Disposal • Administration of the mandatory residential collection program • Commercial recycling requirements • Insurance requirements • Licensing of commercial waste haulers • Miscellaneous minor changes

18. Insurance Requirements Risk Management recommends revisions to insurance requirements for commercial haulers and recyclers • General and automotive liability increased to $1M per occurrence • Addition of pollution legal liability with limit of $1M per event

19. Article IV Article IV, Collection and Disposal • Administration of the mandatory residential collection program • Commercial recycling requirements • Insurance requirements • Licensing of commercial waste haulers • Miscellaneous minor changes

20. Commercial Hauler Licensing Contract requirement • Hauler must have at least one contract before obtaining County license • Circular language • Recommend removing requirement from code

21. Article IV Article IV, Collection and Disposal • Administration of the mandatory residential collection program • Commercial recycling requirements • Insurance requirements • Licensing of commercial waste haulers • Miscellaneous minor changes

22. Miscellaneous Changes • Revised definitions • Updated language

23. Summary Of Recommended Changes • Remove redundancies between code and hauler agreements • Remove collection program specifics • Allow Director to establish Program Requirements to specify program details and implement collection program selected by Board

24. Summary Of Recommended Changes • Delete references to Blue Bag Program • Update insurance requirements for commercial haulers and recyclers • Eliminate contract requirement for commercial haulers prior to licensing • Update language and definitions

25. Action Requested • Request Board approval of the ordinance to amend Chapter 32, Article IV (Orange County Solid Waste Collection and Disposal Ordinance) of the Orange County Code, as recommended by staff

26. Utilities DepartmentProposed Revisions to Chapter 32 of Orange County Code Board of County Commissioners February 5, 2008