§ 19-23. Operating requirements.

(a)

Office. Each franchise shall maintain an office which shall remain open for business Monday through Friday, inclusive, from 8:00 a.m. to 5:00 p.m. and Saturday from 8:00 a.m. to 2:00 p.m. for the purpose of handling customer complaints, accepting new accounts and closing out terminated accounts, and providing information about rates and services, and for such other purposes. There shall be maintained an adequate number of telephones in the office and a responsible person in charge during the hours specified above.

(b)

Routes and schedules. Franchisees with scheduled collection service shall quarterly provide the county with schedules of commercial collection routes and rates and keep such information current at all times. In the event of changes in routes or schedules that will alter the day of pickup, franchisee shall notify in writing, in advance, each customer affected by either telephone or direct mail. All changes in routes, rates or schedules will also be immediately communicated to the county. Additionally, the board retains the authority to establish hours of operation for certain routes, in a case-by-case basis, so as to minimize noise impacts on residences at inopportune times. The county shall provide the franchisees and the public prior notice and an opportunity to be heard before taking final action on operation hours.

(c)

Franchisee personnel. The franchisee shall assign and maintain at all times throughout the term of its franchise a qualified person to be in charge of operation under this franchise and shall provide the name and qualification of said person the county manager. The county has the right to require that a franchisee's collection employees wear clean uniforms or other clothing bearing the name by which the franchisee does business. Each person employed to operate a vehicle shall, at all times, carry a valid Florida commercial driving license for the type of vehicle being driven. Each franchisee shall provide operating and safety training for all personnel.

(d)

Spillage and litter. A franchisee shall not litter premises in the process of making collections, but shall not be required to collect any waste material that has not been placed in approved containers or in a manner herein provided. During hauling, all solid waste shall be contained, tied or enclosed so that leaking, spilling or blowing are prevented. In the event of spillage by the franchisee, the franchisee shall clean up the litter or spillage before leaving site. Spillage resulting from a missed pick-up shall be cleaned up by the franchisee.

(e)

Storms and other emergencies. In case of an unusually severe storm or disruption caused by other severe emergencies not caused by the franchisee, the county may grant franchisee reasonable variance from regular schedules. As soon as practicable after such storm or other emergency, franchisee shall inform the county manager of the estimated time required before regular schedules and routes can be resumed and, upon request of the county manager, franchisee shall provide notice to the commercial premises being served. In the event of a storm or emergency requiring mass cleanup operation, franchisee may, if needed, at the direction of the county manager, participate in said cleanup to the extent directed by the county manager. Franchisee shall be compensated by the county at their published hourly rate for each utilized vehicle, and shall be excused from conducting regular services to the extent approved by the county manager.

(f)

Complaints. Franchisee shall make all diligent, good faith efforts to resolve customer complaints within twenty-four (24) hours. Complaints regarding failure to collect shall be resolved with twenty-four (24) hours. Each franchisee shall supply the county manager with copies of all complaints on a form approved by it and indicate the disposition of each, upon request. Such records shall be available for inspection by the county manager at all times during business hours specified herein. The forms shall indicate the day and hour on which the complaint was received and the day and hour on which it was resolved. When a complaint is received on the day preceding a holiday or on a Saturday, it shall be serviced on the next working day. The franchisee shall establish procedures acceptable to the county manager to ensure that all customers are notified as to the complaint procedure.

(g)

Restoration and restitution. The franchisee agrees to repair all property, public or private, altered or damaged by it, its agents or employees in the performance of its duties pursuant to its franchise in a good or better condition as it was before being damaged or altered, or provide compensation for such restoration or repair, at the option of the owner of the property that was damaged.

(h)

Collection equipment/vehicle standards. The franchisee shall have on hand at all times sufficient equipment in good working order to permit franchisee to perform its duties hereunder fully, adequately and efficiently in a sanitary manner. Collection and transport equipment shall be kept clean, sanitary, neat in appearance and in good repair at all times. Commercial solid waste, other than solid waste generated by curbside multifamily property, shall be collected from commercial containers. Solid waste generated by curbside multifamily property shall be collected from residential containers. Construction and demolition debris generated by residential property shall be collected from commercial containers or C&D bags. The franchisee shall at all times have available to it reserve equipment which can be put into service and operation within twenty-four (24) hours of any breakdown. Such reserve equipment shall substantially correspond, in size and capability, to the equipment normally used by the franchisee to perform its duties hereunder. All trucks, trailers and other vehicles used to collect and transport solid waste pursuant to a franchise granted hereunder shall:

(1)

Be constructed as watertight as possible to limit the escape of water or other fluids from the vehicle;

(2)

Be fully enclosed and covered so as to prevent the escape of any solid waste. If a covering is used, it shall be of canvas or other suitable materials of such size as to fully cover the solid waste and overlap the sides and ends of the vehicle by at least one (1) foot. It shall be free of any gaps, tears, or other holes. The cover shall be securely and tightly tide down at all corners and tied at least four (4) feet along the sides.;

(3)

Comply with all local, state and federal roadway weight limits; and

(4)

Comply with all local, state and federal rules and regulations applicable to such vehicles.

(i)

Solid waste disposal. All solid waste shall be hauled to sites or facilities legally empowered to accept it for treatment or disposal. The county reserves the right to designate, approve or disapprove sites, taking into account all governmental regulations, the routes of the franchisee, the rules and regulations of the governmental body having jurisdiction over such sites or facilities, the type and amount of solid waste to be disposed and other factors deemed appropriate by the board.

(j)

Data and informational services. The county manager may require any franchisee to make and provide the county with calculations, data or other information pursuant to F.S. § 403.7049 and/or to establish a system to provide the information required under said statute, and such other information as may be necessary under F.S. ch. 403, part IV, and such other solid waste laws as may be, from time to time, adopted.

(k)

Identification. The franchisee must prominently display its company name and telephone number on each commercial container and roll off container placed in the county and each vehicle used to transport solid waste in the county. Failure to display the information required by this subsection shall be a violation of this article, subject to the enforcement provisions of chapter 7, of this Code.

(l)

Separation of solid waste. Solid waste collected from commercial property or curbside residential property under a franchise issued pursuant to this article II shall not be commingled in a collection vehicle with residential household waste collected under a service agreement entered into pursuant to article III hereof. If any such commingling occurs, all material within the collection vehicle shall be considered residential household waste for purposes of disposal and delivered to the Class I Landfill currently owned and operated by Omni Waste of Osceola County, LLC, and located approximately five (5) miles south of Holopaw, in Osceola County, Florida, as required by the Amended Agreement For Solid Waste Management Services between the county and Omni Waste of Osceola County, LLC.; provided however, that such material may be processed through a transfer station in lieu of direct delivery to such facility the franchisee submits documentation to the county demonstrating that an equivalent amount of material is delivered to such facility.

(Ord. No. 05-29, § 1, 8-1-05; Ord. No. 05-48, § 3, 10-3-05; Ord. No. 08-26, § 5, 9-8-08; Ord. No. 2017-42, § 4, 6-19-17)