Covered Load Ordinance
ORDINANCE NO. 06-07-41
SECTION 1. Amendment and Adoption. Subsection (c) of Section 8.5-24 of the Code of Ordinances, Highlands County, Florida, is amended and adopted to read as follows:
(c) Transportation of municipal solid waste, construction and demolition waste, or horticultural trash. The requirements of this subsection shall govern the transportation of municipal solid waste, construction and demolition waste, and horticultural trash in the unincorporated area of the county. After receiving notice of the requirements of this subsection, no person shall transport municipal solid waste, construction and demolition waste, or horticultural trash, unless it is totally confined within an enclosed vehicle or is fully covered with a tarp. For purposes of this subsection, an enclosed vehicle is defined as a vehicle manufactured with a metal or hard material top, sides, front and back with doors made of metal or hard materials, such as a refuse collection rear loader truck, a box truck, or a van. For purposes of this subsection, an unenclosed vehicle is defined as a vehicle which is not an enclosed vehicle, including, but not limited to, an open top truck or dump truck, flatbed or stake body truck, pickup truck, roll-off box, or open top trailer with or without side walls.
No person shall transport municipal solid waste, construction and demolition waste, or horticultural trash in any unenclosed vehicle unless that municipal solid waste, construction and demolition waste, or horticultural trash is completely covered with an undamaged tarp (not torn or frayed) properly secured to the body of the vehicle or trailer with ropes, chains, straps, or cords so that no waste is exposed. The edges of the tarps shall extend 12 inches over the permanent sides and back of the open top vehicle or trailer and must be secured to the permanent vehicle. All loads must be tarped from the point of origin of the waste to the tipping area of the landfill. Placement of a tarp on the load at the landfill entrance is prohibited. The use of ropes, chains, straps or cords without a tarp is prohibited. Tarps used by all persons other than noncommercial, occasional users, as herein defined, must be constructed to the following minimum requirements: constructed of PVC coated canvas, rubber coated canvas, or nylon thread in a tight mesh weave, minimum 15 mil thickness, rope reinforced edges, and edge grommets every two to three feet along all sides for securing the tarp. The tarp must be adequately secured to prevent it from lifting up off the waste or flapping in the wind when the vehicle is driven at highway speeds. The tarp must be adequately secured with rope, chains, or cords to prevent waste from falling or being blown out of the vehicle or trailer while in transport. Inexpensive light duty tarps are prohibited except for noncommercial, occasional users, as herein defined. Other materials substituted for the specified type of tarp are prohibited. For purposes of this subsection, the term “noncommercial, occasional users” means persons who, not more than six times in any calendar year, haul municipal solid waste, construction and demolition waste, and/or horticultural trash exclusively from properties owned or leased by that person.
Any person transporting waste in violation of the requirements of this subsection will be charged a tipping fee rate of $50.00 per ton which will be in addition to the posted tipping fee rate for the appropriate category of waste contained in the load. The total tipping fee charge will be the sum of the two rates and will be imposed when the load is delivered to the landfill.