Covered Load Ordinance
ORDINANCE NO. 00-13

SECTION 4.   Amendment and Adoption.   Section 8.5-24 of the Code of Ordinances, Highlands County, Florida, is amended by the addition of a new subsection (c) which is adopted to read as follows:

(c) Transportation of municipal solid waste and construction and demolition waste.  The requirements of this subsection shall govern the transportation of municipal solid waste and construction and demolition waste in the unincorporated area of the county.  After receiving notice of the requirements of this subsection, no person shall transport municipal solid waste or construction and demolition waste unless the waste is totally confined within an enclosed vehicle or is fully covered with a tarp.  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 making more than six trips to the landfill during any twelve month period shall transport municipal solid waste or construction and demolition in any unenclosed vehicle unless that municipal solid waste or construction and demolition waste is completely covered with an undamaged tarp (not torn or frayed) properly secured to the body of the vehicle or trailer with ropes, chains, or chords 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, or chords without a tarp is prohibited.  Tarps must be made of PVC coated thread woven in a tight weave mesh equal to the type manufactured by Erie Manufacturing, Inc. or Tarps Etc., Inc., or be made of rubberized canvas.  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 chords to prevent waste from falling or being blown out of the vehicle or trailer while in transport.  Inexpensive light duty tarps or other materials substituted for the specific type of tarp are prohibited.

No person making six or fewer trips to the landfill during any twelve month period shall transport municipal solid waste or construction and demolition waste in unenclosed vehicles unless that municipal solid waste or construction and demolition waste is completely covered with at least an inexpensive, disposable tarp and ropes, chains, or chords to prevent spillage of waste.

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.