Amendment Providing that Only County Owned Solid Waste Landfills Shall be Used

for Disposal of Solid Waste

• Would significantly increase solid waste collection and disposal costs for
residents of Orange Beach due to higher fuel costs and possible greater tipping
fees (currently, the City utilizes a private contractor). Multiple landfill
opportunities result in competitive tipping and collection fee rates.

• The proposed legislation does not allow for creation of a solid waste
management authority providing municipality representation on matters such as
fee establishment, profit expenditure, program implementation and quality
assurance. At a minimum, the cities within Baldwin County need to have some
authority over this program if we are required to utilize the County landfill for
our solid waste disposal.
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I LE No. 308 08/26 '02 pr1 03: 33 1D:PERRY coutnV SUPER.V1SORS FAX.: 601 %48265 PAGE 2

OlmINANCI': 1\F.4)UIIltNG

MAN])ATORY FLOW OF MlJNICIPALSOLII> WASTI~

Uh IT ENACTED BY TIll; lHMIU> <W SUPERVISORS OF PE!{IW COUNTY. MISSISSIPPI:

SECTION I. The: UUtlnJ of ~lIl)Crvisul'S Ilr PC:I"I'Y CUUnlY. Mi"'5issippi tll.l here!)y lind nod lkdnre:

(;\) l'eny Coullly. MilC~issippi hilS received il n:rlilierl cnpy of a K.cslll\lliolllUlopted by Ihe Pine Belt
Regiunal Solll! WDst~ MDnosc?,mml AUlhnrity (hl'r~innncr "the AUlhnrily") dilled luly 10.2002, directing CIlch
member nrthe A IItnoril>, In 6dopt 1\ Re~ollllil>n llr Ordinance It> require lhe milndl!lury now \)r municiplll solid w/C.~lc
10 lhe AlIlhurlty's IRllufill in P~rry (vllIIl)', Mi:I~i:t~illlli. n copy of llilill Resolulion being attached herete ns Exhibit
"A" and incorpornttlu herein by refett:llce.

(b) "crry CoulIt)', Missbsippi is II 1l1~/llbcr .,r llle Authority und is required to Ildopl such an ordinance or
resnlUlioll by § 17-11-]' I), Mili.~. Cod!: !\llIl. (SuflD. 20(2).

~F.C"ION 2. I:ur the pUrll\lSe of chis Ol'dilltlllce. the 1i>lIowin~ wonh lind phr1l3cs shall have the menninl,l!l
sel limh below:

Munlclllill solid wilsie llleall:lllllY nOllhll7'~\rdollS :mlld wasto ",sullins from the opemlion or
(0)
rc~itlcnl\AI, cOInmeJ'clDI,
govenllnenlul. illduslrinl or i1I!ltilUlional c51:.bJishlhenl~ exccpl (Iii field cICplor81lo11 nnd
production WQ:4tc Ilnd sewlIge sludge.

(b) PerllOI\ mCllnl\;I penon Illi dclinull by § 17-17-3, Mi,!!. CndeAlln. (1')72).

SI:::CTION 3. All In\luicipl'l 'olio w.,.~1.e genlJrK\ed within the geu!Y'llphic buunduries uf Po1l)' Cuunty.
Missi!lllippi th8\ ili placed in the wtlllte Slr~tllll ,~hlllJ be lrnn!lponed In. slo.red and managclJ at the Pine Bell Regional
Solid Wnste Manllgemen' Authority landfill in Perry Celllnly. Mili~i~lppi. ur i1t n (mnliler station owned by the Pine
Belt Regional Solid Waste Mona"emelll AUlhol'ity.

::mC'flON 4. It shall hI;: unlnwfullhr nllY pe~(llllo yjnh.. e any prnvision nrtttis Ordinance. Such
viull'llion shall be n mi~ueJnennur and shnll he punishe'hle by II nrt~ of "0'
Illllte thon cine thous8nd doUlln ($1.000.00)
or imprisonmenl fot· a lllnn not ~xccellillg ninety (90) dtlYll. or by huth s\lch One ~Ild ill'lprisQnmcl1t. If a violaliun is
COlli inuing. cRch d6Y' 5 v;oln!iull shllll btl deelllC:~ U lIcplllllle "nense.

Upon motiontlllly IIllld~ by SupervilU)r ...J:.QD.Il. 1'.hompliiC2.!l-.. lind seconl1ed by Supervisor

_P~enUss._.c.1.a.J:ne)l'thc lim:going Ordinllllce i(\ hereby duly adopted,lo be effoclIve immediately, by the
following vole of Ih~ Hoard:

District One Dobby F1ollon Aye/Nny

Dis\rict Two Prenlis$ Ourner ~lNny
()jstricr Three John A"cJt:rson nyelNny
Di.~I,ictFour John "'hu,"p.~,m -I\FlNny
District Five Ililly Cooley -'We/Nil)'

TillS the 11 th day of July. 20U2.

B
~OU1!'E-
>ENT

-""". .... .. ,-- --:--- ...

. CLEKK
ordinances that require the delivery of solid waste to a publicly owned and
operated solid waste management facility; and

WHEREAS, Escambia County uses publicly owned and operated facilities

to provide for the recycling and disposal of solid waste generated within the
County; and

WHEREAS, the United States Supreme Court recognized in United

Haulers that flow control ordinances and solid waste management programs
adopted by local governments may provide significant benefits for the public
health, safety, and welfare; and

WHEREAS, Escambia County needs to adopt a flow control ordinance to

ensure that the County's resource recovery program receives an adequate
quantity of solid waste; and

WHEREAS, a flow control ordinance will enable the County to provide

other solid waste management services that will benefit the public health, safety,
and weifare; and

WHEREAS, a flow control ordinance is essential to the long term success

of the County's comprehensive solid waste management program, which
provides for the recycling and disposal of the County's solid waste in an
environmentally sound and cost effective manner.

NOW THEREFORE, BE IT ORDAINED by the Board of .County

Commissioners of Escambia County, Florida, that:

SECTION 1. Part 1 of the Escambia County Code of Ordinances, Chapter

82, Article IV, Collection, Storage and Disposal of Solid Waste is hereby
amended as follows:

Sec. 82-143. Disposal of solid waste, flow control and right of refusal.

a) Disposal. All solid waste generated in the county shall be disposed

of in accordance with F.A.C. Chapters 62-701 through 62-722 and this
chapter. No solid waste shall be disposed of except in approved disposal
facilities operated by the county or by persons possessing valid permits~
franchises and certificates of need issued according to this chapter.
However, solid waste material may bE':: used for construction site fill ¥,'ith
the approval of the county building inspector. Such approval shall be in
wriflng.

b) Flow control. All commercial solid waste and residential solid waste
[except sanitary waste in septic tanks) generated or collected in the
County shall be delivered to the Perdido Landfill or to another solid waste
management facility designated by the County.

2
 c) Presumptions relating to generation of solid waste. All solid waste
delivered to a solid waste transfer station located in Escambia County,
Florida is presumed to have been generated within the County and such
waste shall be delivered to the Perdido Landfill, or another solid waste
management facility designated by the County. The presumption
contained herein may be rebutted if and to the extent that the owner or
operator of the transfer station provides documents (e.g., customer
contracts; scale house records; truck manifests) or other evidence
demonstrating to the County's satisfaction that the solid waste was not
generated within the County.

d) Right of refusal. Any solid waste determined by the Department of

Solid Waste Management to be harmful, dangerous, o'r detrimental to the
Department's personnel, eguipmentor operations may be rejected at the
County's solid waste management facilities ..

SECTION 2. Sec. 82-150. Exemption; Pensacola Naval Air Station is hereby

amended as follows:

Sec. 82-150. Exemption; Pensacola Naval Air Station.

(a) The provisions of this chapter shall not be construed to require that
any solid waste generated at or by United States !'Javy Command
facilities, or supported tenant commands be disposed of at the Perdido
Landfill or any other county designated facility, unless the board of county
commissioners determines that requiring such disposal will not violate the
Interstate Commerce Clause of the United States Constitution.

(b) The board of county commissioners shall periodically review the

status of the disposal of solid waste from or by United States Navy
Command facilities, or supported tenant commands [delete: at intervals
no less frequent than every six months). l\ny decision by the board of
county commissioners to require such solid waste to be disposed of at a
county designated facility shall become effective and enforceable 150
days after the action of the board of county commissioners in making such
a decision.

Commencing one hundred and fifty (150) days from the effective date of
this ordinance, all commercial solid waste and residential solid waste
(except sanitary waste in septic tanks) generated on or collected at the
United States Navy Command facilities, or supported tenant commands in