Recycling company hits bump in the road

A Gulf County entrepreneur, who has been busy lining up customers for a start-up recycling company that he intends to serve communities from St. George Island to Mexico Beach, has been slapped with a cease-and-desist letter from Gulf County Administrator Michael Hammond.

The letter, issued by County Attorney Jeremy Novak, would prevent Florida 27 Recycle, Inc., the brainchild of Christy and Richard Bracken, from operating in the unincorporated areas of Gulf County. It would have no effect within Port St. Joe, or within any communities within Franklin County.

Hammond said his decision was based in large part on the fact that Gulf County has an exclusive contract for garbage pickup with BCC Waste Solutions LLC, a waste management service out of Bay County.

“There’s only one that can take garbage, and you have to go through them,” said Hammond. “They haven’t gone through them. These are contract deals that have to be respected.

“The second step is the county would have to bless it (the recycling pickup),” he said. “I don’t see there’s any will on either side to allow them to do this.”

Hammond said also that Florida 27 Recycle, Inc. has yet to secure a business license to work within the county and that Gulf County’s Flow Control Ordinance requires that all refuse go through the county transfer station, a condition that he said Bracken could be running afoul of.

“We don’t want people to sign up and put out money and not be able to get the service,” Hammond said.

Bracken said that because there’s been a delay in getting the recycling business off the ground, he has refunded all November collection fees to customers and suspended recycling collection services for residents in unincorporated Gulf County.

He said that he is working to iron out any problems with BCC or with government officials.

Bracken said that following his introductory presentation in August to Gulf County commissioners, Novak highlighted the existing solid waste management agreement and shared the county’s Flow Control Ordinance, relevant Florida statutes, and contact information for Mike Cox, an executive with BCC.

“On Sept. 2, I spoke with Mike (Cox), who confirmed that BCC had no concerns regarding our recycling program,” said Bracken.

He said he “thoroughly reviewed” the agreement, ordinances and statutes provided him by Novak, and has a differing interpretation.

He said statutes say that recovered materials, such as metals, paper, glass, plastics, textiles, or rubber “that can be feasibly recycled and have been separated from the solid waste stream” are not classified as solid waste.

Bracken said that a “recovered materials processing facility (refers) to facilities involved solely in storage, processing, resale, or reuse of recovered materials and does not classify as a solid waste management facility if certain conditions are met.”

Bracken has said he intends to lease a site on former Arizona Chemical property at the Port of Port St. Joe, where the company would sort and store the various materials it has collected on its pickup truck on a regular basis.

“Our review concluded that BCC’s contract provides for solid waste and yard debris services, and only mentions recycling in a section that gives the company the exclusive right to “provide residential trash, garbage, refuse collection, yard debris collection, recycling services at the transfer station, and the transfer and disposal service for residents of the county.

“Since recovered materials are not classified as solid waste, we determined that our recycling service does not conflict with BCC’s agreement or (with the county flow control) ordinance,” Bracken said.

He said that on Sept. 17, he made a presentation to the city commission of Port St. Joe, which has a separate agreement with BCC.

“During this meeting, both the city administrator and city manager confirmed that our recycling service did not conflict with BCC’s agreement with the city,” Bracken said. “Mike Cox was also in attendance and affirmed that BCC had no objections to our service within the City of Port St. Joe.”

But, Bracken said, he later received an email from BCC’s Hunter Swanzy asking that he refrain from implementation of the recycling program. Bracken said he consulted a retired attorney to review the agreement, ordinance, and the relevant statutes, and the lawyer concluded that BCC does not have exclusive rights to recycling services.

“BCC’s Solid Waste Management Agreement was servicing solid waste and yard debris,” Bracken said. “Florida’s statutes clearly state recovery of recyclable materials is not classified as solid waste.”

He said he made several attempts last month to contact Swanzy. “Unfortunately, I have received no response,” Bracken said.

He said both he and his attorney, Charles Costin, have reviewed Novak’s cease and desist letter. “Charles (Costin) suggested that the issue may stem from our lack of a business license, pending our signed lease agreement,” Bracken said. “Charles also indicated that we may continue promoting our service at the Florida Seafood Festival.”

Bracken said the Port Authority has invited him to attend its Nov. 13 meeting, and that he has been asked to attend the Nov. 26 Gulf County commissioners’ meeting.

“We’ve asked Charles to conduct a thorough review of the BCC Solid Waste Management Agreement, Gulf County Ordinance #2019-10, and applicable Florida Statutes,” Bracken said. “We are confident he will reach similar conclusions as our retired attorney.”

Outside of the issue of contracts and government involvement, Hammond said he has doubts that, given the absence of a vibrant market for recyclables other than aluminum cans and cardboard, that the company will be able to become financially successful.

“We have tried recycling over the years and it has always been a colossal failure,” he said.

Bracken, on the other hand, is optimistic that once he secures a deal with the Port Authority to lease a site, he will obtain a business license and commence his operation, even if it were to mean he would have to bypass unincorporated portions of Gulf County.

“I’m shooting for December, if we get it all cleared up,” he said.