Tampa City Code § 26-146 Title.
Sec. 26-146. - Title.
This article shall be known and may be cited as the "City of Tampa Solid Waste Ordinance."
(Ord. No. 89-253, § 2(58-151), 9-28-89)
SOLID WASTE
Tampa City Code ch. 26, art. IV
in effectTampa City Code § 26-147 Definitions.
Sec. 26-147. - Definitions.
For the purpose of this article, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:
Apartment building means a building under one (1) roof housing four (4) or more living units having a centralized location for solid waste containers.
Biohazardous waste means any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contain human disease-causing agents; used disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Florida Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility.
Biological waste means solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biohazardous waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals.
Brush transfer site means that portion of McKay Bay Solid Waste Transfer Station or other city site so designated to be utilized by residential customers of the city who display a current month's utility bill which includes a garbage charge.
Bulk service means curbside service for commercial customers for solid waste placed out in containers, plastic bags or corrugated boxes and which can be estimated by cubic yard measurement and loaded by hand with ease.
Clean debris means any solid waste which is virtually inert and which is not a pollution threat to groundwater or surface waters and is not a fire hazard and which is likely to retain its physical and chemical structure under expected conditions of disposal or use. The term includes uncontaminated concrete, including embedded pipe or steel, brick, glass, ceramics, and other wastes designated by the director.
Commercial collection means departmental collection service for all commercial establishments, including, but not being limited to, apartments, motels, hotels, trailer parks, stores, office buildings, restaurants, service stations and garages, laundries and cleaning establishments, industrial establishments and all other places not classified as residential which produce or accumulate solid waste and maintain centralized locations for refuse bins or containers.
Construction and demolition debris means materials generally considered to be not water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project, and including rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project. Mixing of construction and demolition debris with other types of solid waste, including materials from a construction or demolition site which is not from the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris.
Construction material means sand, wood, bricks, cement, concrete blocks, sheds, fences, tiles, pipe, doors, windows, glass, roofing, lumber, aluminum sheeting materials, plywood sheets, drywall, plasterboard, paint, debris and wastes, including metals, accumulated from land clearing, excavating, building, rebuilding and altering of buildings, structures, roads, streets, sidewalks or parkways and materials produced by major construction, remodeling, repair and/or demolition.
Container means the cart provided by the Department to store solid waste generated at residences and small businesses.
Curbside collection means collection from that area within unobstructed arm reach no more than five (5) feet from the curb or edge of the pavement of a public street or alley serviced by the Department. Containers placed behind any structure such as a fence or wall or placed in a vault below the ground surface are not included in this definition and shall be excluded from curbside service.
Department means the Department of Solid Waste and Environmental Program Management.
Director means the director of the Department who shall be responsible for the management of the affairs of such Department.
Disabled vehicle means a motor vehicle and/or customary associated equipment used for transfer, transport, storage, processing or disposal of solid waste which is, in the opinion of the Plant manager, interfering with the proper operations and management of the McKay Bay Complex.
Disposal means the depositing of solid waste at a city owned, operated or approved solid waste facility, including, but not limited to, incinerators, landfills, transfer stations, brush sites and other similar facilities so designated by the director of the Department.
F.A.C. means the Florida Administrative Code, as revised or amended.
Garbage means every refuse accumulation of animal, fruit or vegetable matter that is attendant to the preparation, use, cooking and dealing in or storage of edibles and any other matter of any nature whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gasses or odors or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects or animals, or any container of the material defined herein.
Hand search load means any solid waste material contained in a transporting vehicle or associated equipment which, at the direction and in the discretion of the official, must be unloaded for the purposes of examination and possible removal or recovery of specific items contained therein.
Hauler means a person in the business of providing solid waste services.
Hazardous wastes means materials or combinations of materials which require special management techniques because of their acute and/or chronic effects on air and water quality; on fish, wildlife or other biota; and on the health and welfare of the public. These materials include, but are not limited to, volatile, chemical, biological, explosive, flammable, radioactive and toxic materials.
Hot load means any solid waste material contained in a transporting vehicle or associated equipment which is in the process of combustion.
Household items means those items from a residence, including, but not limited to, mattresses, beds, couches, chairs, refrigerators, water heaters, rubbish, etc., and not including garbage, hazardous waste, industrial wastes, building materials and special materials.
Industrial wastes means the waste products of canneries, slaughterhouses or packing plants, condemned food products, agricultural waste products and other solid waste products generated from industrial processing or manufacturing or any other solid waste products generated from industrial wastes or rubbish.
Junk means any tangible item such as furniture, appliances, bicycles, motor vehicles or smaller property not having a useful purpose to the owner or abandoned by the owner and not included within the definitions of garbage, yard trash, yard waste, industrial wastes or rubbish.
Landfill or sanitary landfill means a solid waste disposal facility, excluding those exempted under Rule 62-701.200(57), F.A.C., which meets the criteria of Chapter 62-701, F.A.C. This term shall include: (a) a land spreading site; (b) a surface impoundment; or (c) an injection well defined under and subject to the provisions of Chapter 62-528, F.A.C.
McKay Bay Complex means those facilities located near the intersection of Clark Street and 34th Street in the city which are utilized for the weighing, transfer, handling or disposal of solid waste. The facilities include, but are not limited to, the McKay Bay Refuse-To-Energy Facility, the McKay Bay Solid Waste Transfer Station, the McKay Bay Entrance Facility, a blade cleanout station, a hot-load station, parking areas and roads, such facilities collectively to be referred to as the "complex."
McKay Bay Entrance Facility also known as the "Scalehouse" means the facility located at the complex site for the weighing and processing of vehicles transporting materials into and out of the McKay Bay Complex. This facility includes two (2) scalehouses, three (3) motor truck scales and a computer system.
McKay Bay Refuse-to-Energy Facility means the solid waste disposal and energy generation facility located at the complex, capable of processing by incineration up to one thousand (1,000) tons per day of solid waste and generating up to twenty-five (25) megawatts of electricity. This facility shall be referred to as the refuse-to-energy facility.
McKay Bay Solid Waste Transfer Station means the facility located at the complex site where solid waste is transferred from collection vehicles to transfer vehicles to be taken to a disposal facility.
Permitted refuse bin means a refuse bin permitted by the city under this article.
Person means any and all persons, natural or artificial including any individual, firm, or association; any municipal or private corporation organized or existing under the laws of Florida or any other state; any county of this state; and any governmental agency of this state or the federal government.
Plant Manager means that individual representative of the city who is responsible for operational and related activities at the McKay Bay Entrance Facility.
Private solid waste services means any person, firm or corporation involved in the business of collection, transporting and/or disposal of solid wastes.
Prohibited materials means those materials, items or matter which are not permitted to be placed into containers, refuse bins or out for collection or to be brought to any city disposal facility, including, but not limited to, hazardous, biohazardous and toxic wastes as regulated by the state and the federal government; containers five (5) gallons or greater containing any amount of liquid; asbestos, liquid paints; sludges; vehicular batteries; explosives or ammunition; pressurized gas cylinders five (5) gallons or greater; welding cylinders; ignitable and flammable wastes; cesspool wastes; human remains and animal carcasses or parts; PCB's radioactive materials; corrosive wastes; reactive wastes; closed cartridge filters from dry-cleaning establishments; ashes; foundry sand; motor vehicles, including major parts such as transmissions, rear ends, springs and fenders; large machinery and equipment; motor oil; materials exceeding size, weight and quantity limitations as established from time to time by the director; and any other waste having the possibility of posing a threat to the health or safety of persons or causing damage to the city's or contractors' vehicles and equipment.
Refuse bin means a large metal box for commercial solid waste, usually of the two-cubic yard to eight cubic-yard size, or compactors and roll-off boxes of larger capacities, lifted mechanically by trucks in order to empty.
Refuse-to-energy facility means the physical plant constructed by the city for disposal of solid waste through incineration resulting in the simultaneous generation of electricity.
Regulations refers to the terms and provisions of this article relating to storage, collection and disposal of solid wastes.
Residence and residential mean and refer to single-family dwellings, duplexes, triplexes and garage apartments and all other living units not coming within other definitions set out herein. Each living unit of a duplex or triplex and each garage apartment shall be deemed a separate residence.
Residential collection means the departmental collection service for residences.
Rubbish means refuse accumulations of paper, excelsior, rags, wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places; also, any bottles, cans or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water-breeding insects.
Sludge includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances.
Solid waste is a general term that includes the specific terms "garbage," "rubbish," "individual wastes," "junk," "construction and demolition debris," "refuse," "yard trash," "clean debris," "yard waste," "white goods," "special waste," "ashes," "sludge," or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.
Special materials means those materials which have originated outside the continental United States, dead animals, pathological and infectious waste, pharmaceutical drugs and controlled substances, documents and other records which require certification of destruction and other materials or matter which, in the opinion of the Plant manager, must be processed in a manner or method different from the usual and customary method of disposing of solid waste at any city disposal facility.
Special services means the collection upon request from residential or commercial customers of certain solid waste placed at curbside in larger quantities than that authorized to be collected under the ordinary fixed rate. Such collection is only available upon request and for an additional charge as set forth herein.
Special wastes means solid wastes that can require special handling and management, including but not limited to, white goods, whole tires, used oil, mattresses, furniture, lead-acid batteries, biological wastes, construction materials, yard waste, and any other waste which requires distinct, separate or extraordinary handling as mandated by federal, state or local regulatory agencies.
Transfer station means a fixed facility used for removing refuse from collection trucks and other vehicles and placing it in long-haul vehicles for transfer to a disposal facility.
Transporting means to convey or cause any refuse to be conveyed from one (1) address to another address.
Used oil has the meaning given it in Chapter 62-710, F.A.C.
User means any private agency, person, partnership, corporation or business entity delivering solid waste or removing recovered products from the McKay Bay Complex.
Waste management facility means any facility in which solid waste is collected, separated, stored, transferred, treated, processed, deposited, or however the term is now or hereafter defined by law.
White goods includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.
Yard trash means vegetative matter resulting from landscaping maintenance and land-clearing operations.
Yard waste includes trees, limbs, boughs, brush or bushes which are susceptible to grinding, shredding or chipping.
(Ord. No. 89-253, § 2(58-152), 9-28-89; Ord. No. 91-83, § 1, 5-16-91; Ord. No. 92-140, § 1, 8-27-92; Ord. No. 94-216, § 1, 10-20-94; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-148 Prohibited acts.
Sec. 26-148. - Prohibited acts.
It is unlawful for any person to do any of the following:
(1) To place or cause to be placed any solid waste upon the property of another without his consent;
(2) To convey or cause to be conveyed over and upon any of the streets and alleys of the city any solid waste without a permit or license or both such permit and license, as may be required by the regulations affecting the collection and disposal of solid waste. Conveying or causing any refuse to be conveyed from one (1) address to another shall be deemed transporting;
(3) To deposit or dispose of any solid waste in or upon any public street, sidewalk, right-of-way or alleyway or any stream, ditch, river, pond, bay, creek, park or public place in the city, except at such incinerators, sanitary landfills or transfer stations as shall be designated by the director;
(4) To deposit, dump or dispose of any solid waste at, upon or in any incinerator, sanitary landfill or transfer station as shall be designated by the director without first obtaining the authorization of the custodian thereof;
(5) To burn or dispose of any solid waste generated or brought within the city, except at a facility designated by the director;
(6) To produce or accumulate any yard waste, yard trash, industrial waste, junk or other solid waste at any residence, commercial establishment or institution, while such person is acting in the capacity of a contractor, without removing same to a designated disposal facility;
(7) To place containers out for curbside collection any earlier than 4:00 p.m. of the day prior to a scheduled collection or to leave such containers out adjacent to the street any later than 10:00 a.m. on the day following a scheduled collection;
(8) To place any solid waste out for collection in any location not serviced by the Department, unless a permit to do so is first obtained from the director;
(9) To do any act prohibited or to fail to do any act required by the regulations affecting solid waste within the city;
(10) To remove solid waste from any refuse bin, container from a collection location or from curbside.
(Ord. No. 89-253, § 2(58-153), 9-28-89; Ord. No. 91-83, § 2, 5-16-91; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-149 Placing solid waste on streets, vacant lots, in streams, etc.
Sec. 26-149. - Placing solid waste on streets, vacant lots, in streams, etc.
No person shall place or accumulate or cause to be placed or accumulated any solid waste in or upon any premises or lot owned by him or in his control nor shall any person place, accumulate or cause to be placed or accumulated any solid waste in or upon the premises of another or any public street, sidewalk, right-of-way or other public place or any pond, stream, ditch or body of water, except as provided in this article.
(Ord. No. 89-253, § 2(58-154), 9-28-89)
Tampa City Code § 26-150 Littering in parks and public places.
Sec. 26-150. - Littering in parks and public places.
(a) It is unlawful for any person to litter, which is hereby defined to include throwing or depositing solid waste in or upon any public square, street, sidewalk, unoccupied lot, beach, parkway, park, alley, the waters of the city or other public area in the city, except in receptacles provided for that purpose.
(b) Persons placing solid waste in receptacles in public areas shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, beach, parkway, park or other public area. Where such receptacles are not provided, all such solid waste shall be carried away from the park, beach or public area by the person responsible for its presence and properly disposed of elsewhere.
(Ord. No. 89-253, § 2(58-155), 9-28-89; Ord. No. 91-83, § 3, 5-16-91)
Tampa City Code § 26-151 Scavenging.
Sec. 26-151. - Scavenging.
It is unlawful for any unauthorized person to remove materials from a permitted refuse bin, a container at a collection location or at curbside.
(Ord. No. 89-253, § 2(58-156), 9-28-89)
Tampa City Code § 26-152 Ownership of solid waste.
Sec. 26-152. - Ownership of solid waste.
All solid waste except prohibited wastes, once placed in a permitted refuse bin or set out for residential or commercial collecting becomes the exclusive property of the city.
(Ord. No. 89-253, § 2(58-157), 9-28-89; Ord. No. 91-83, § 4, 5-16-91)
Tampa City Code § 26-153 Department of Solid Waste and Environmental Program Management to provide for solid waste removal exclusively.
Sec. 26-153. - Department of Solid Waste and Environmental Program Management to provide for solid waste removal exclusively.
(a) Solid waste produced in the city shall be mandatorily collected by the city or by its franchisees, licensees or permittees and shall be removed exclusively under the direction of the Department pursuant to the terms and provisions of this chapter and such rules and regulations as the director shall prescribe for the removal, transportation and disposal of such solid waste. The Department has the authority to require proof of disposal from parties claiming no need for solid waste service.
(b) Each and every person who generates commercial or industrial waste shall, periodically, complete questionnaires or answer survey questions relative to the types and quantities of waste generated by that person, when required to do so by the director of solid waste.
(Ord. No. 89-253, § 2(58-158), 9-28-89; Ord. No. 91-83, § 5, 5-16-91; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-154 Occupation of building prima facie evidence of solid waste.
Sec. 26-154. - Occupation of building prima facie evidence of solid waste.
The fact that any place of abode or any place of business is occupied shall be prima facie evidence that solid waste is being produced and accumulated upon such premises and that service charges for the collection and disposal thereof are due the city.
(Ord. No. 89-253, § 2(58-159), 9-28-89)
Tampa City Code § 26-155 Resurvey of premises; appeal from charges.
Sec. 26-155. - Resurvey of premises; appeal from charges.
(a) The director has the right at any time on his own motion or upon citizen request to recheck or resurvey any premises and to reduce or increase the service charge for the following months as provided herein according to the volume of solid waste found to be produced or accumulated upon such premises or the type of services rendered.
(b) A customer who believes that a fee or charge assessed is incorrect may file a written application with the director for an administrative hearing to determine whether the proper service charges have been assessed. Within thirty (30) days of the receipt of such application, it shall be the duty of the Chief of Staff to appoint a Hearing Officer who will promptly schedule an administrative hearing at which the Department shall present evidence and testimony to show that the service charges have been properly assessed and are due and owing, and the customer shall have the right to rebut by cross-examining witnesses and by presenting evidence and testimony to show that such service charges are incorrect. Such application for hearing shall be made prior to the time the disputed service charge becomes delinquent and, if application is not made within the prescribed time, any right to hearing will be deemed waived; the customer shall be subject to the penalties enumerated in this chapter. If the service charge is found to be correct after hearing, the charge shall be payable immediately, and the customer shall be assessed an additional charge of one hundred fifty dollars ($150.00) to cover the cost of the hearing, which amount shall be included in the customer's bill on a pro rata basis over the next three (3) billing periods.
(Ord. No. 89-253, § 2(58-160), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-156 Right to service.
Sec. 26-156. - Right to service.
(a) Generally. Upon request for service and payment of the required deposit and in consideration thereof, the owner, occupant or tenant of the premises shall be entitled to the solid waste collection and disposal services of the Department upon the terms, conditions and regulations specified herein.
(b) A customer who is an owner, tenant or occupant of a residential premises from which solid waste is collected may, after acceptance by the city of a written application supported by the customer's certificate stating that the customer is sixty-five (65) years of age or older and that the premises is normally occupied by not more than two (2) persons, including the customer, receive collection from the city whereby such customer shall be entitled to have collected at each regularly scheduled collection no more than one (1) thirty-two-gallon container of normal solid waste.
(1) Applications and certificates required for such services shall be upon forms to be provided by the city. Applications for such service shall be made on the date on which the applicant reaches sixty-five (65) years of age or thereafter. Collection service shall be provided to the customer at the then current discounted rate.
(2) Any customer who violates the provisions of this subsection shall be billed retroactively for up to twenty-four (24) months for services rendered at the standard curbside rate.
(3) Any customer who knowingly files a certificate required by this subsection that contains false information or who, without having given prior notice to the Department, puts out for collection any solid waste in excess of the one (1) thirty-two-gallon container limit, (or the smallest size provided by the Department) after the city has accepted an application for and begun to provide the service as provided in this subsection, shall be guilty of an offense against the city, punishable as set forth in section 1-6 of this Code.
(4) Any solid waste placed out for collection by a residential owner, tenant or occupant sixty-five (65) years of age or older that exceeds the amount picked up by the Department under this special rate to that customer shall be collected and disposed of by the Department within a reasonable time after receiving notice of the location of same, for which service there will be a special service charge in addition to the minimum charges set forth in this chapter.
(Ord. No. 89-253, § 2(58-161), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-157 Permits.
Sec. 26-157. - Permits.
A permit is required to engage in the business of collecting, receiving, storing, separating, transporting or disposing of any type of waste, including but not limited to solid or special waste. The parties identified below in section 26-157(a)—(c) are exempt from this permit requirement.
(a) A person that has a commercial solid waste franchise pursuant to chapter 26, article VIII.
(b) Collectors of recyclable material sand recovered materials in compliance with the proposed requirements in chapter 26, article V ("recyclable and recovered materials ordinance").
(c) A person that is a repairman, roofer, or contractor who collects only the waste material he or she generates while providing their services and then transports such material in the person's own motor vehicle.
Upon request, a permittee must provide receipts demonstrating that the permittee used the McKay Bay Facility for the disposal of processible solid waste that the permittee collected or generated within the city.
(Ord. No. 89-253, § 2(58-162), 9-28-89; Ord. No. 91-83, § 6, 5-16-91; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-158 Service of privately owned refuse bins.
Sec. 26-158. - Service of privately owned refuse bins.
No service shall be rendered by the Department for the collection and disposal of any solid waste contained in any privately owned refuse bin unless the owner, tenant or occupant of the premises upon which the same is installed shall have, prior to the installation thereof, obtained a permit acknowledging that the container is compatible with the collection service vehicles of the Department.
(Ord. No. 89-253, § 2(58-163), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-159 Applications, documentation for permits.
Sec. 26-159. - Applications, documentation for permits.
(a) Any person legally entitled to apply for and receive a certificate or permit under the provisions of this article shall make such application in writing to the city on forms provided for that purpose. Every applicant for a certificate or permit shall provide the required information to the official in order that the official may determine that the application is in compliance with the provisions of this article. The official may require plans, specifications or drawings and such other information as he may deem necessary and pertinent, prior to the granting of a permit. If the official determines that the plans, specifications, drawings, descriptions or other information furnished by the applicant is in compliance with this chapter, the rules and regulations of any other department having jurisdiction and any other laws, rules and regulations, he shall issue the permit applied for upon payment of the required fee.
(b) The order, sequence and prerequisites for making applications for service shall be as designated by the official.
(Ord. No. 89-253, § 2(58-164), 9-28-89)
Tampa City Code § 26-160 License and permit requirements for private or haul-your-own solid or special waste services.
Sec. 26-160. - License and permit requirements for private or haul-your-own solid or special waste services.
(a) It is unlawful for any person to engage in the business of collection, transportation or disposal of solid waste within the city without first making written application for an approved permit from the Department for service at each specific address and paying the appropriate occupational license tax.
(b) A permit may be granted to a person to engage in the business of collection, transportation or disposal of solid waste within the city when, by reason of the nature, size, volume. shape or character of solid waste generated or produced at a particular premises, it is not possible, safe, feasible or practicable within the discretion of the director for the solid waste to be collected, transported or disposed of by the equipment and facilities of the Department. Any such permit shall limit the recipient to collection, transportation or disposal of solid waste generated or produced from such particular premises specified in the permit. The director may deny any permit if service can be furnished by the Department.
(c) Whenever by reason of the nature, size, volume, shape or character of any solid waste it shall not be possible, safe, feasible or practicable for the solid waste to be collected, transported and disposed of by the equipment and facilities of the Department and the owner or occupant of the premises which generated or produced such solid waste does not choose to use a private solid waste service, such owner or occupant may, upon written application therefore, be issued a permit by the director to collect, transport and dispose of the same himself. The application shall indicate the manner of collection, transportation and disposal to be utilized and the exact location of disposal. An occupational license tax will not be required for haul-your-own accounts, but the owner or occupant must pay the permit fee as herein provided. Regular solid waste haulers must pay the occupational license tax as well as the permit fee as herein provided.
(d) An application for a permit to engage in the business of collection, transportation or disposal of solid waste from a specific address shall be on a form provided by the Department. The form shall show the name and address and authorization of the customer to be served, the name of the person to be granted the permit or, if a corporation, the names of the principal officers and the names of the local operating managers who are actually responsible for performing such services for the corporation, together with the business address and telephone number of each such person; a description of the type, size, pickup service frequency of equipment to be used; the length of service, permanent or temporary (less than six (6) months) and the exact location of disposal.
(e) There shall be an application fee administered for the processing of each application submitted to the Department. The application fee may be waived for nonprofit organizations involved in recycling. The fee is payable in cash or money order when the application is submitted. The application must be submitted to the Department at least seven (7) days prior to the planned commencement of permanent service. The Department must approve the permit prior to commencement of service. The application fee is not reimbursable if the application for the permit is denied. If the application for the permit is approved, the permit shall be issued.
(f) A permit is valid for one (1) calendar year from approval date. The permit shall be renewed each year or with the change of solid waste haulers.
(g) A permit holder, upon request of the Department, may at any time be required to show receipts from the approved disposal site. Failure to produce receipts may result in the revocation of the permit.
(h) Any permittee who, at his business location, transfer site or other site authorized by the director, collects, receives, transports, stores and separates solid or special waste which is generated within the 1983 jurisdictional limits of the city may dispose of any nonrecyclable solid or special waste either within or outside the city limits at locations approved by the appropriate governmental entity. The owner or his agent, as a condition precedent to receiving this nonrecyclable waste for disposal at that location, shall apply for and receive a permit from the Department.
(Ord. No. 89-253, § 2(58-165), 9-28-89; Ord. No. 91-83, § 7, 5-16-91; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-161 Revocation of permits.
Sec. 26-161. - Revocation of permits.
The official may revoke permits issued by him upon finding that:
(a) The permit was issued by mistake of law or fact:
(b) The permit is for work which violates the provisions of this chapter;
(c) The permit was issued upon a false statement or misrepresentation by the applicant;
(d) The permit violates any ordinance of the city or any state or federal law, rule or regulation;
(e) The work is not being performed in accordance with the provisions of this chapter;
(f) The certificate of competency or license of the permittee has become invalid by reason of expiration, suspension, revocation or otherwise;
(g) The work is not being performed under the supervision of the holder of the certificate or license upon which the same was issued;
(h) The work is not being done in accordance with the terms of the permit, the plans or the application upon which the same was issued; or
(i) Payment of the permit fee was not effected due to insufficient funds or any other reason.
(Ord. No. 89-253, § 2(58-166), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-162 Nontransferability of permits.
Sec. 26-162. - Nontransferability of permits.
No permit shall be transferable from one (1) permittee to another.
(Ord. No. 89-253, § 2(58-167), 9-28-89)
Tampa City Code § 26-163 Inspections, other approvals.
Sec. 26-163. - Inspections, other approvals.
All installations, work, maintenance and improvements made by private hauling companies and regulated by this article shall be subject at all times to inspection by the city. The director may require whatever documents, drawings or certificates necessary to effect approval of such work.
(Ord. No. 89-253, § 2(58-168), 9-28-89)
Tampa City Code § 26-164 Solid waste code enforcement division; duties.
Sec. 26-164. - Solid waste code enforcement division; duties.
(a) There is hereby created within the Department a division to be known as the "solid waste code enforcement division."
(b) It is the duty of the director and the persons assigned to the solid waste code enforcement division, who shall be called "solid waste code inspectors," to implement and enforce all sections of this article as it relates to the collection, accumulation, disposal, depositing, transporting or dumping of garbage, trash, rubbish or any other solid waste generated within or brought into the city limits.
(c) The provisions of this section are intended to be supplemental to the minimum property standards provisions of this Code and are not intended to repeal or invalidate any other provisions of this Code.
(Ord. No. 89-253, § 2(58-169), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-165 Improperly prepared curbside accumulations of solid waste.
Sec. 26-165. - Improperly prepared curbside accumulations of solid waste.
It is unlawful to place solid waste out for curbside collection other than in the manner prescribed in this article. The Department shall cause violators to be notified, and upon notification such violators shall, within seven (7) days, comply with the requirements of this Code relating to placement of solid waste for collection. As an alternative, the Department may cause notice of violation to be given but may collect the improperly placed solid waste at additional charge to the owner, occupant or tenant for special service as set forth in the resolution of city council setting the amount of such charges, which additional charge shall be included in the utility bill in the next billing period.
(Ord. No. 89-253, § 2(58-170), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-166 Containers and commercial solid waste container regulations.
Sec. 26-166. - Containers and commercial solid waste container regulations.
(a) The Department will provide one (1) ninety-five-gallon solid waste and one (1) ninety-five-gallon recycling cart. Residential collection fees include one (1) solid waste and one (1) recycling cart only to the owner or occupant of every residence or commercial establishment. Additional charges shall be assessed if additional carts are requested. Only city provided carts will receive collection service. The owner or occupant shall maintain the containers or refuse bins and the area of their location in a clean and sanitary condition. Solid waste and recycling carts are assigned to a location and shall not be removed from that location by anyone other than the Department.
(b) Requirements for loss or damage to city container:
(1) Customer must notify the city within seventy-two (72) hours if the customer's container is stolen, lost, or damaged beyond repair.
(2) Loss or damage caused by customer negligence—Customer shall reimburse the city for the cost of repairing or replacing the container, including the cost of delivering a repaired or replaced container. The container replacement, repair and/or delivery costs incurred by the city shall be charged to the customer on the next month's utility bill, to the extent to required to recover the city's costs.
(c) Any privately owned container or refuse bin which is in disrepair may be condemned and a notice of violation will be placed on the condemned container by Department employees. Any containers so marked must be removed within seventy-two (72) hours after the Notice of Violation is issued and replaced by the owner or occupant with acceptable containers as specified herein.
(1) If customer fails to comply, Department may remove the container and take it to an appropriate site for impoundment.
(2) City can remove a container when the container is:
a. A danger or nuisance to the public;
b. Placed on city property or public right-of-way without a permit;
c. The Department shall make a good faith effort to notify the owner of the container that it is in the city's possession. The owner is responsible for the city's costs for transporting and storing the container. If the owner fails to claim the container within one hundred twenty (120) days after container is impounded, the city may use, sell or otherwise dispose of the container.
(d) For apartments with four (4) or more units and for certain other commercial customers, service will be rendered by refuse bins if feasible or by bulk service if bins are not feasible at the determination of the director.
(e) No service shall be given to any residential or commercial premises permitting persons, objects, obstructions or vehicles to hinder in any way whatsoever the servicing of the container or refuse bin by Department vehicles and personnel. If service is obstructed and the customer requests a return trip, then a separate charge will be made as set forth in the resolution of the city council setting the amount of the charges.
(f) Any solid waste which, by reason of its bulk or shape, cannot be placed within a container shall be tied in a bundle not to exceed four (4) feet in length or fifty (50) pounds in weight and placed at curbside for collection. If the solid waste is of such a nature that it cannot be tied or bundled, it may be placed out for collection upon request to the Department. Such solid waste will be collected at a time specified by the Department and a charge per cubic yard of solid waste collected, will be imposed. The minimum charge for such solid waste collection is no less than that charged for one (1) cubic yard.
(g) A refuse bin for two (2) business establishments wishing to share a refuse bin for their mutual service shall be authorized only if the premises are adjacent to or directly behind each other and a written request from the owner, occupant or tenant in whose name the city utility account appears is submitted to the Department.
(h) All permanent open-top containers must be enclosed to prevent any materials from being windblown.
(i) Open-top containers shall not be used to contain putrescible solid waste.
(j) All new establishments requesting refuse bin service must provide an aesthetically pleasing enclosure and suitable slab for the bin.
(k) All refuse bins must have lid covers in good working condition, and the cover, lid and side doors must be closed at all times to prevent spillage.
(l) Spillage from improper containers or refuse bins will not be picked up by the Department.
(m) For collection of commercial waste in the Downtown Core Business District, including the use of Pay-As-You-Throw (PAYT) bags, only solid waste placed in city-issued containers or PAYT bags will be collected.
(Ord. No. 89-253, § 2(58-171), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-167 Prohibited materials.
Sec. 26-167. - Prohibited materials.
It is unlawful to place out for collection by or on behalf of the Department or deliver to any city disposal facility prohibited materials as defined herein.
(Ord. No. 89-253, § 2(58-172), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-168 Public nuisance.
Sec. 26-168. - Public nuisance.
It is unlawful and declared a public nuisance for any owner, agent, custodian, lessee, occupant or tenant of any real estate property abutting any public street, right-of-way or land area dedicated for use as a public street within the city to allow the existence of any accumulations of debris, rubbish, trash, garbage, refuse, yard waste or junk between the paved or graded surface of any public street or alley intended or designed for vehicular traffic and the property line of the abutting real estate.
(Ord. No. 89-253, § 2(58-173), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-169 Placement of containers.
Sec. 26-169. - Placement of containers.
(a) All residential containers shall be set out for collection in a convenient and accessible location in the front of the residence adjacent to and within unobstructed arm reach no more than three (3) feet from the curb or edge of the pavement of a public street or alley serviced by the Department or such other place as may be designated by the Department for removal by curbside collection. No such containers shall be placed in any street or alley or upon any sidewalk. Containers shall not be placed within four (4) feet of a utility pole, mailbox, or other similar structure; within four (4) feet of a motor vehicle; not on the top of a surface-level utility meter or vault; not directly under a low-hanging overhead wire or other obstruction. Residents who, by reason of health, physical incapacity or handicap, cannot comply with the provisions of this subsection, and who have no able-bodied assistance available may be exempted therefrom by the official, in writing after:
(1) Presenting to the Department a medical certificate reflecting that it would be injurious to their health to carry or lift containers so as to place them out for collection as required by this section; and
(2) Completing a disability allowance form furnished by the Department.
A resident exempted from the provisions of this subsection shall receive back-door collection at the standard curbside rate. It is unlawful for a resident to file a certificate required by this subsection that contains false information or to put out for collection any solid waste in excess of one (1) thirty-two-gallon container.
(b) The official is authorized to make determinations that due to the size or condition of an alley or due to rerouting or size of trucks certain residential alley service can no longer be continued. In such event, the official shall cause any residents affected by such termination of service to be notified at least one (1) week in advance of termination and shall specify where the new curbside point of collection shall be.
(c) Residential containers shall be placed out for collection after 4:00 p.m. of the day prior to a scheduled collection and shall be removed from curbside not later than 10:00 a.m. of the day of collection to a location within the property not visible from the street. Violators may be charged a re-inspection fee if customer fails to remove residential container or commercial cart from the curbside within twenty-four (24) hours after a notice of violation is issued and may be subject to an inspection fee by code enforcement. The service charge may include an administrative fee equal to six (6) percent of the costs incurred by the city. The service charges shall be included in the customer's next monthly utility bill.
(Ord. No. 89-253, § 2(58-174), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-170 Pretreatment of international carrier wastes.
Sec. 26-170. - Pretreatment of international carrier wastes.
Discharge of wastes from international common carriers to a sanitary landfill are required to meet federal treatment and disposal regulations. Such treatment shall be required of the responsible agency or carrier responsible for such waste. Such treatment is not required for wastes that are incinerated at the McKay Bay Refuse-to-Energy Facility.
(Ord. No. 89-253, § 2(58-175), 9-28-89)
Tampa City Code § 26-171 Yard waste.
Sec. 26-171. - Yard waste.
All logs, tree limbs, brush, palm fronds and other yard waste shall be cut in four-foot lengths or less and placed in containers or tightly bundled for collection. Each container or bundle shall not exceed fifty (50) pounds in weight. The total quantity of yard waste placed for collection at each collection location may not exceed four (4) cubic yards per collection event. Any yard waste which by reason of its bulk, weight or shape cannot be placed within a container or cannot be bundled as required herein shall be collected as provided in this article. Such solid waste shall be placed out for collection in the same location as other residential solid waste. All residential containers shall be set out for collection in a convenient and accessible location, normally in the front of the residence, adjacent to and within an unobstructed arm's reach or no more than three (3) feet from the curb or the edge of the pavement of a public street. Trash and brush must be placed curbside.
(Ord. No. 89-253, § 2(58-176), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-172 Operation of business where wind regularly carries solid waste into street; fencing requirements.
Sec. 26-172. - Operation of business where wind regularly carries solid waste into street; fencing requirements.
It is unlawful for the owner, tenant or occupant of any parcel of land to operate or permit the operation of any business upon such parcel of land when and where, by reason of the combined effect of the prevailing winds and the location, configuration and size of the structures thereon, solid waste generated by the operation of the business or the customers or patrons thereof is regularly driven, carried or conveyed by such winds in appreciable quantities into or upon any public street, unless and until such owner, occupant or tenant shall have erected or caused to be erected on each boundary of such parcel of land as shall abut an area having a residential zoning classification or a street abutting such an area a proper fence to retain such material with only such openings for ingress and egress of a size and number as shall be necessary. Solid waste generated by the operation of a business or its customers must be contained in proper containers and fenced so as to contain the containers and any contents from being conveyed by winds onto any public or private street.
(Ord. No. 89-253, § 2(58-177), 9-28-89)
Tampa City Code § 26-173 Governmental agencies.
Sec. 26-173. - Governmental agencies.
For any premises owned, leased or occupied by the United States of America or any agency thereof the state or any political subdivision thereof, including any body politic and corporate created under the laws of the United States or of the state, the city may enter into contracts, negotiated by the mayor and approved by the city council, with any such body or agency for the collection, transportation and disposal of solid waste prescribing rates and charges to be paid by such body or agency in lieu of the rates hereinabove prescribed; provided, however, that the charges to be paid by such body or agency shall be less than an amount which is fair and equitable taking into account the cost to the city of such collection, transportation and disposal.
(Ord. No. 89-253, § 2(58-178), 9-28-89)
Tampa City Code § 26-174 McKay Bay Complex—Prohibitive rules.
Sec. 26-174. - McKay Bay Complex—Prohibitive rules.
It is unlawful for any person to:
(1) Smoke at the McKay Bay Complex, except in designated areas;
(2) Remove tarpaulins or other covers from vehicles transporting solid waste at the McKay Bay Complex, except in designated areas;
(3) Bring prohibited materials to the McKay Bay Complex;
(4) Operate automobiles, pickup trucks, vans and other similar privately owned and operated motor vehicles at the McKay Bay Complex, except in designated areas;
(5) Allow the load from a vehicle to drop, shift, leak, blow or otherwise escape from a vehicle while at the McKay Bay Complex;
(6) Drive a vehicle on the disposal complex which exceeds the size (width, height, length or weight) limitations stated in F.S. Ch. 316.
(Ord. No. 89-253, § 2(58-179), 9-28-89)
Tampa City Code § 26-175 Same—Brush site restrictive rules.
Sec. 26-175. - Same—Brush site restrictive rules.
(a) Hot loads and hand search loads shall be processed only in designated areas.
(b) Disabled vehicles shall not be moved with the assistance of employees, agents or other representatives of the complex unless a written release of liability executed by an authorized person has been received for filing at the McKay Bay Entrance Facility.
(c) Hoppers, containers and other equipment used for the transport and/or disposal of solid waste shall be cleaned only at designated areas.
(d) Special materials shall be processed at the project on a per-occurrence-and-tonnage basis (i.e., flat rate and tonnage) under the direction of the Plant manager. The Plant manager reserves the right to reject any special materials for good cause and reserves the right to remove or require removal of any special materials for good cause at the expense of the individual or entity transporting such materials to the project. Requests for disposal of special materials must be received at least two (2) working days prior to disposal.
(e) The McKay Bay Complex is restricted to those individuals and entities conducting official business at the complex site. Visitors to the McKay Bay Complex must have prior authorization from the official.
(f) All persons utilizing any of the McKay Bay Complex must sign a release of liability form.
(g) The brush transfer sites shall be utilized only by residential customers. To use the free facilities, residents must show a current city utility bill, including a residential garbage charge and proof that the resident resides at the address listed on the bill. The resident must be present. Exemptions are limited to residents unable to travel.
(h) All commercial customers, including lawn and tree services, can use only the McKay Bay Transfer Station and must pay the current disposal fee. Violators will be prosecuted.
(Ord. No. 89-253, § 2(58-180), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-176 McKay Bay Entrance Facility mandatory rules.
Sec. 26-176. - McKay Bay Entrance Facility mandatory rules.
(a) All persons wishing to utilize the disposal complex must have their vehicles weighed at the McKay Bay Entrance Facility, must receive a weigh ticket and must follow procedures directed by the Plant manager.
(b) Weigh tickets obtained at the McKay Bay Entrance Facility must be available at all times to be shown to a representative of the complex.
(c) The Plant manager or their designee will designate the facility or area thereof for the deposit of solid waste delivered by any person desiring to utilize the disposal complex.
(d) Vehicles must be reweighed at the McKay Bay Entrance Facility after disposal of solid waste at the designated disposal complex or area thereof unless they have an unloaded weight (tare weight) on file at the McKay Bay Entrance Facility.
(e) All speed limits and other traffic controls must be strictly obeyed.
(f) Disabled vehicles must be removed immediately to a location which will not interfere with the ordinary and regular operation and management of the disposal complex, as determined by the Plant manager.
(g) Prior to entry through the McKay Bay Entrance Facility:
(1) Metal drums or containers forty-two (42) gallons or greater must be flattened and cut out at both ends.
(2) Containers of any size that have at one (1) time contained an acutely hazardous waste as defined in title 40 CFR, must be triple rinsed, and the rinsings must be managed as a hazardous waste.
(3) Containers five (5) gallons or greater must be empty of all liquids.
(h) All accidents occurring at the McKay Bay Complex must be reported immediately to the Plant manager or their designee. In reporting accidents, persons involved shall use the city accident report and shall supply such information as is requested to the appropriate city official and/or law enforcement officials.
(i) Any materials improperly delivered, processed or disposed of shall be removed immediately by and at the expense of the person responsible for the improper or unauthorized delivery, processing or disposal.
(j) Hot loads and hand search loads dumped in designated areas must, at the direction of the Plant manager, be reloaded and processed or removed at the expense of the person delivering same to the disposal complex.
(k) All loads of material received at the disposal complex are subject to a search at the sole discretion of the Plant manager.
(l) Hours of operation for the disposal complex shall be determined by the director of the Department or their designee.
(Ord. No. 89-253, § 2(58-181), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-177 Report of small dead animals in the city; disposition of carcasses.
Sec. 26-177. - Report of small dead animals in the city; disposition of carcasses.
Whenever a small animal measuring less than twenty-four (24) inches at the shoulder and less than fifty (50) pounds in weight dies within the city limits, the owner, occupant or tenant of the premises on which the carcass is found may report the fact immediately to the Department and arrange for its removal and disposal according to the regulations of the Department.
(a) The city's removal of small dead animals is subject to the Department's regulations.
(b) The city is not responsible for the removal or disposal of animals that die in a commercial facility such as an animal shelter.
(c) Any person who has custody or control of any animal is required to comply with the Code requirements for the collection and disposal of such material. If any animal excrement is collected, it must be placed in a plastic bag, which shall be tied or closed and then placed in a container for disposal or placed in a container that is covered with a lid or similar closure.
(Ord. No. 89-253, § 2(58-182), 9-28-89; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-178 Construction and demolition debris disposal.
Sec. 26-178. - Construction and demolition debris disposal.
(a) Solid waste produced by construction, repairs or demolition of buildings will not be collected or removed by the city, and it shall be the responsibility of the contractor or owner to remove and dispose of same at disposal locations approved by the city.
(b) All construction and demolition debris shall be separated from the solid waste stream and segregated in separate locations at a solid waste disposal facility or other permitted site.
(c) The city has the right to charge a fee for processing special materials on the applicable per occurrence rate and the applicable per ton rate.
(d) Any person wishing to dispose of waste materials on the tipping floor of the Transfer Station at the McKay Bay Complex shall be required to provide and use their own personal protection equipment which must comply with all applicable standards and regulations established by the Director.
(e) Any person requesting the city to conduct a search for an item lost in solid waste or recyclable materials will be charged an hourly fee for the city's services.
(f) The city will not collect construction and demolition debris that is placed in a Commercial Cart or Residential Container.
(g) Any person that is in the business of collecting and transporting construction and demolition debris in the city must comply with the requirements in this chapter.
(h) Construction and demolition debris may be disposed of on the property which it is generated, or on property where is adjacent or contiguous to and under common ownership and control as that property where the waste is generated. Such disposal, however, is subject to the provisions of Rule 62-701.730, F.A.C. Such disposal areas must also be closed, graded and vegetated as specified in Rule 62-701.730, F.A.C.
(i) Construction and demolition debris may be disposed of off-site at the city's solid waste facility or at a facility operating under a general permit issued by the director. Such a facility operating under a permit issued by the director shall accept only construction and demolition debris for disposal.
(j) Nothing in this section shall prevent the burning or recycling of construction and demolition debris in accordance with Department rules.
(Ord. No. 92-140, § 2, 8-27-92; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-179 Special wastes disposal.
Sec. 26-179. - Special wastes disposal.
(a) It is unlawful to dispose of the following wastes in any landfill:
(1) Lead-acid batteries;
(2) Used oil, except as provided in Chapter 62-710, F.A.C.;
(3) Yard waste, except in unlined landfills classified by Department rule. Yard waste that is separated from other solid waste at the point of generation may be accepted at a solid waste disposal unit, that composts the yard waste, pursuant to Chapter 62-709, F.A.C.;
(4) White goods; and
(5) Whole waste tires, except as provided in Chapter 62-711, F.A.C.
(b) It is unlawful to dispose of lead-acid batteries in the city's refuse-to-energy plant. Lead-acid batteries shall be accepted as trade-ins for new lead-acid batteries by all persons who sell these types of batteries at retail.
(Ord. No. 92-140, § 3, 8-27-92; Ord. No. 2022-4, § 2, 1-13-2022)
Tampa City Code § 26-180 Designation of waste management facilities.
Sec. 26-180. - Designation of waste management facilities.
The following facilities are hereby designated as the city's waste management facilities:
(1) MacKay Bay Complex, the legal description of which is as follows:
That parcel of land lying in the Northeast ¼ of Section 20, Township 29 South, Range 19 East, more particularly described as follows, to wit:
Commence at the Southwest corner of the North ½ of the Northeast ¼ of the Northeast ¼ of said Section 20; run thence South 89°28'21″ East 75.01 feet to the point of beginning of the parcel herein described; run thence North 00°12'35″ East 65.01 feet; thence South 89°28'21″ East 445.0 feet; thence South 73°46'47″ East 240.31 feet; thence South 00°12'35″ West 45.00 feet; thence South 18°27'31″ West 418.32 feet; thence North 89°28'21″ West 545.00 feet; run thence North 00°12'35″ East 442.99 feet to the point of beginning. Containing 309,830 square feet (7.11 acres), more or less.
(2) The Director may designate temporary disposal sites and emergency waste management sites.
(Ord. No. 94-216, § 2, 10-20-94; Ord. No. 2022-4, § 2, 1-13-2022)
Source: City of Tampa, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH26UT_ARTIVSOWAFetched: 10/28/2026