Miami-Dade Legislative Item
File Number: 191468
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File Number: 191468 File Type: Resolution Status: Adopted
Version: 0 Reference: R-951-19 Control: Board of County Commissioners
File Name: ILLEGAL DUMPING TASK FORCE RECOMMENDATIONS TO ILLEGAL CURB Introduced: 5/29/2019
Requester: NONE Cost: Final Action: 9/4/2019
Agenda Date: 9/4/2019 Agenda Item Number: 11A2
Notes: Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXAMINE THE FEASIBILITY OF (I) MODIFYING THE OPERATING HOURS AND ALLOWED USERS OF THE COUNTY’S TRASH AND RECYCLING CENTERS AND (II) THE CREATION AND MANAGEMENT OF ADDITIONAL TRASH AND RECYCLING CENTERS; AND REQUIRING A REPORT
Indexes: ILLEGAL DUMPING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/4/2019 11A2 Adopted P

Health Care and County Operations Committee 7/17/2019 2B Forwarded to BCC with a favorable recommendation P

Health Care and County Operations Committee 6/13/2019 2A Cancelled due to lack of quorum

County Attorney 5/29/2019 Referred Health Care and County Operations Committee 6/13/2019

County Attorney 5/29/2019 Assigned David Sherman 5/29/2019

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXAMINE THE FEASIBILITY OF (I) MODIFYING THE OPERATING HOURS AND ALLOWED USERS OF THE COUNTY�S TRASH AND RECYCLING CENTERS AND (II) THE CREATION AND MANAGEMENT OF ADDITIONAL TRASH AND RECYCLING CENTERS; AND REQUIRING A REPORT

BODY
WHEREAS, illegal dumping in Miami-Dade County is a serious issue that creates a wide range of problems; and
WHEREAS, illegal dumping may pose serious environmental challenges and sometimes occurs on environmentally-sensitive areas, such as wetlands; and
WHEREAS, illegal dumping may also be an economic threat to the County and its residents; and
WHEREAS, illegal dumping is a problem in the County�s residential areas, such as when violators illegally dump trash and waste on a resident�s otherwise legal bulky waste pick-up pile, causing an excess beyond the services included within the annual service fees; and
WHEREAS, illegal dumping is a problem in the County�s rural, agricultural areas, where violators illegally dump trash and waste on the right-of-way or even on another person�s real property; and
WHEREAS, this Board previously adopted Resolution No. R-1201-17 and directed the administration to create the Miami-Dade County 2017 Illegal Dumping Task Force (�the Task Force�), for the purpose of investigating the causes and effects of illegal dumping in the County, and the applicable laws and regulations, enforcement, and punishment relating to illegal dumping, and to make recommendations to the County�s Board of County Commissioners (the �Board�) and the County Mayor to better address and combat illegal dumping; and
WHEREAS, the Task Force issued its Illegal Dumping Task Force Report (�the Report�) on October 1, 2018; and
WHEREAS, at its December 4, 2018 meeting, the Board accepted the Report; and
WHEREAS, Miami-Dade County, through the Department of Solid Waste Management (�DSWM�), manages and operates 13 Trash and Recycling Centers (�TRCs�), which provide residents a do-it-yourself disposal option for residential waste fee customers who reside in DSWM�s Waste Collections Service Area (�WCSA�); and
WHEREAS, the WCSA currently consists of unincorporated Miami-Dade County and nine additional municipalities: Aventura, Cutler Bay, Doral, Miami Gardens, Miami Lakes, Opa-locka, Palmetto Bay, Pinecrest, and Sunny Isles Beach; and
WHEREAS, residential waste fee customers who reside in the WCSA may currently use the TRCs; and
WHEREAS, in an effort to prevent illegal dumping and facilitate greater use of the TRCs, the Report recommended, among other things, an exploration of the expansion of the hours, locations, and allowed users of TRCs throughout the County; and
WHEREAS, more specifically, the Report recommended exploring modification of TRCs� operating hours based upon how many customers go to the existing TRCs each hour to analyze whether the hours should be adjusted to accommodate higher traffic, which in turn, could diminish illegal dumping of solid waste; and
WHEREAS, the Report also specifically recommended the exploration of the creation of additional TRCs in, or closer to, areas where illegal dumping is prevalent; and
WHEREAS, the Report also specifically recommended the exploration of allowing usage of TRCs by non-WCSA customers for an appropriate fee, to encourage greater usage of the TRCs, which could diminish illegally dumped solid waste,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Directs the County Mayor or County Mayor�s designee to examine the feasibility of the modification of TRCs� operating hours, and modification of allowed users for the TRCs, with consideration, at a minimum, of the following:
(a) Examination of hourly traffic to the existing TRCs to determine the heaviest and lightest usage periods, to further determine whether:
1. Opening and closing times for the TRCs should be modified such that the total daily operating hours would remain the same; and
2. Opening and closing times for the TRCs should be modified such that the total daily operating hours would increase from the current operating hours;
(b) Examination of 3-1-1 call center reports and DSWM citation records to determine whether there appears to be a higher rate of illegal dumping on weekends or on Mondays, suggesting that a modification of TRCs� weekend hours beyond the current TRC closing time of 5:30 p.m. is needed to accommodate WCSA customers that do projects during daytime weekend hours; and
(c) Examination of the possibility of allowing non-WCSA customers to use TRCs for an appropriate fee, with consideration of the following:
1. Whether pricing should be based on cubic yardage or weight of the discarded items or some other pricing factors; and
2. Whether operating agreements between the County and third parties that transport or haul waste from TRCs, or operate landfills or recycling facilities, will preclude the use of TRCs by non-WCSA customers, even for a fee, because of any terms and restrictions of such operating agreements.
Section 2. Directs the County Mayor or County Mayor�s designee to examine the feasibility of the creation and management of additional TRCs in, or closer to, areas where illegal dumping is prevalent in the WCSA, including any areas referenced within the published minutes for the Task Force meetings as the most heavily affected areas of the County.
Section 3. Directs the County Mayor or County Mayor�s designee to consider DSWM budgets, legally available funds, and bond covenants as part of the examinations identified in Sections 1 and 2 of this resolution.
Section 4. Directs the County Mayor or County Mayor�s designee to provide a report to this Board detailing the findings of the feasibility studies required herein within 45 days of the effective date of this resolution. Such report shall be placed on an agenda of the Board as required by Ordinance No. 14-65.



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