AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REPEALING AND REENACTING TITLE 6, HEALTH AND SAFETY, SECTION 6.16 (COMMERCIAL WASTE HAULERS) OF THE PITKIN COUNTY CODE
1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners of Pitkin County, Colorado (“BOCC”), a home rule county, is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary.
2. Pursuant to Section 2.8.1 of the Home Rule Charter (“HRC”), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended.
3. In February of 1991 the Board of County Commissioners published Ordinance 91-1 and promulgated regulation under the Pitkin County Code Title 6 Health and Safety, Chapter 16 Commercial Waste Haulers to establish minimum standards for the collection of Solid Waste in Pitkin County.
4. Collection services and pricing structures that incentivize the separation of Recoverable Materials from the waste stream in Pitkin County are necessary to maximize the useful life of the Pitkin County Landfill and to reduce the consumption of non-renewable resources, and thereby protect the public health and welfare.
5. Residential and commercial generators of Solid Waste need to separate Recoverable Materials to allow effective collection in a safe and efficient manner.
6. Solid Waste Haulers operating within unincorporated Pitkin County must be registered to protect the health and welfare of the public and landfill employees in the following aspects:
a.Solid Waste haulers within Pitkin County, through their collection and hauling activities constitute a component of the traffic upon County Roads and State Highway 82 within this County, contributing to the deteriorating air quality in the Roaring Fork Valley, overcrowding and unsafe road conditions.
b. County control of all aspects of landfill operations and facilitation of landfill diversion practices to extend the landfill’s useful life and protect the public health and welfare requires the ability to direct and control Solid Waste haulers operating within the County to promote separation of Recoverable Materials from Trash.
7. Unregulated dumping and accumulation of Solid Waste on public and private lands within Pitkin County is unsightly and constitutes a present danger to the public health and welfare.
8. CRS 30-15-401 provides the Pitkin County Board of Commissioners with the authority to regulate Solid Waste haulers and adopt other requirements necessary to promote the public health and welfare.
9. The BOCC finds that adoption of this Ordinance is in the best interest of the citizens of Pitkin County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance Repealing and Reenacting Title 6, Health and Safety, Section 6.16 (Commercial Waste Haulers) of the Pitkin County Code and authorizes the Chair or the Chair’s designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter.
6.16 : WASTE HAULER REGULATIONS AND STANDARDS:
6.16.10 : DEFINITIONS
The following words, terms and phrases when used in this code shall have the meanings ascribed to them in this Section:
a. Centralized Collection Facility - The term “centralized collection facility” shall be defined as any facility that provides Solid Waste collection services to multiple Solid Waste generators using shared Containers in a central location. A drop site for Trash and/or Recoverable Materials collection shall be considered a centralized collection facility.
b. Commercial Customer – The term “commercial customer” shall be defined as any premises located in unincorporated Pitkin County where multiple residential units share a Trash Container, or a commercial, industrial or institutional enterprise is carried out including without limitation retail establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities.
c. Container – The term “container” shall be defined as any rigid cart or Container with a lid or closed top that is compliant with Pitkin County’s Wildlife Protection requirements and is provided by or to customers for placing Solid Waste for collection by Registered Haulers. Containers shall be further defined as:
i. “Small” if their volume capacity ranges from 30 to 39 gallons
ii. “Medium” if their capacity ranges from 60 to 69 gallons – two Small Containers may provide the equivalent of a Medium Container
iii. “Large” if their capacity ranges from 90 to 99 gallons – a mix of Small and Medium Containers may provide the equivalent of a Large Container
iv. “Extra Large” if their capacity ranges from 1- to 4-cubic yards
v. Other if they are a Dumpster or roll-off with greater than 4-cubic yard capacity
d. County Manager - The term “county manager” shall defined as the Pitkin County Manager. The county manager will work with and be advised by the Solid Waste Manager.
e. Extended Collection Service – The term “extended collection service” shall be defined as collection provided to any residential account other than curbside service for any Container and/or Recycling Bins and/or requires manual retrieval/replacement of Containers and/or Recycling Bins from enclosed property, garage, home or other.
f. Manager’s Rule’s – “Defined Term” shall be defined in Appendix 1, Title 6, Health and Safety.
g. Group Account - The term “group account” shall be defined as any account for residential units or Commercial Customers that have individual Trash Containers for each residence or commercial enterprise but receive Solid Waste collection under a subscription or contract that collectively serves multiple residences and/or businesses.
h. Hauler – The term “hauler” shall be defined as any private individual or entity who provides a service to collect and haul Solid Waste for another for compensation.
i. Hazardous Materials – The term “hazardous materials” shall be as defined in the United States Hazardous Materials Transportation Act (49 USC Section 5101).
j. Landfill – The term “landfill” shall be defined as the Pitkin County Landfill located within the Pitkin County Solid Waste Center at 32046 Highway 82 and shall not be construed to reference other regional disposal facilities.
k. Organic – The term “organic” shall be defined as carbon-based material that is biodegradable into stable, odorless materials such as compost or mulch, and may include but is not limited to food scraps, compostable paper and products, yard waste, clean wood and some sludges. At a minimum, organics shall include those materials designated by the County Manager.
l. Qualified Facility – The term “qualified facility” shall be defined as a facility that arranges for or causes the recovery of one (1) or more Recyclable or Organic material including items for reuse, remanufacturing, reclaiming, recycling, mulching, composting or other action that allows the resource to be recovered, and is compliant with any local, state and federal standards that may be established to regulate or designate such facilities.
m. Recoverable Material – The term “recoverable material” shall be defined as any material that can be reused, remanufactured, reclaimed, recycled, mulched, composted or other action that allows the resource to be conserved. At a minimum, Recoverable Materials shall include those Recyclables and Organics designated by the County Manager. Recoverable Materials may exclude recyclables with 25% or more contamination by volume.
n. Recyclable – The term “recyclable” shall be defined as a discarded or waste material that can be reused, remanufactured, reclaimed or recycled. At a minimum, Recyclables shall include those materials designated by the County Manager.
o. Recyclables Bin – The term “recyclables bin” shall be defined as open-topped containers provided by Residential Customers or Registered Haulers for the purpose of collecting curbside Recyclables. The typical bin has an approximate 18-gallon capacity.
p. Registered Hauler – The term “registered hauler” shall be defined as any Hauler with a current operating registration issued by Pitkin County.
q. Residential Customer – The term “residential customer” shall be defined as an individual or individual residential property located in unincorporated Pitkin County that has a discrete Trash Container and collection provided under a discrete service subscription or contract for that property.
r. Roll-Off Service – The term “roll-off service” shall be defined as the collection of construction or demolition debris in open-top, roll-off Containers.
s. Solid Waste - The term “solid waste” shall be defined to include any Trash accepted at the Pitkin County Solid Waste Center and Recoverable Materials.
t. Solid Waste Manager – The term “solid waste manager” shall be defined as the Pitkin County Solid Waste Manager.
u. Special Events – The term “special events” shall be defined pursuant to Pitkin County’s Land Use Code 4-30-50(j)(3)(c).
v. Trash – The term “trash” shall be defined as any Solid Waste accepted at the Pitkin County Solid Waste Center excepting Recoverable Materials.
w. Volume-Based Service Rates – The term “volume-based service rates” shall be defined as residential Trash and Recyclables collection rates that are based on the Trash Container size and collection frequency and intended to provide equitable service pricing and an incentive for landfill diversion. Customers with smaller Containers/low collection frequency pay less in a volume-based system than customers with larger containers/high collection frequency.
x. Wildlife Protection – The term “wildlife protection” shall be defined as those requirements for Trash Containers, Organic Containers and Container areas that make them inaccessible to wildlife and in compliance with Pitkin County Code 6.44.
6.16.20 : GENERAL
a. Permanent Exemptions – The following individuals or entities are exempted from the provisions of this code and regulations promulgated hereunder but if requested by the Solid Waste Manager may be required to provide documentation to verify eligibility for this exemption:
i. A civic, community, benevolent or charitable non-profit organization that collects, hauls and markets Recoverable Materials solely for raising funds for a charitable, civic or benevolent activity
ii. A property owner or agent thereof who hauls Solid Waste left by a tenant upon such owner’s property so long as such property owner does not provide collection service for compensation for tenants on a regular or continuing basis
iii. Haulers of demolition or construction debris that is generated in direct association with demolition, excavation or construction activities and is hauled by light duty trucks (with a gross vehicle weight rating of 14,000 pounds or less) or smaller vehicles without trailers
iv. Any other individuals or entities deemed exempt by the County Manager or designee.
b. Self-Hauling – An individual or agent thereof who transports only the Solid Waste that person generates is exempt from the requirement to subscribe for Trash collection services but is not exempt from the prohibition on mixing Recoverable Materials with other Solid Waste.
c. Roll-Off Services – Roll-Off Services are exempt from all sections of this code and regulations promulgated hereunder with the exception of Section 3 – Hauler Registration.
d. Illegal Dumping or Accumulation - It shall be unlawful for any individual or entity to dump, allow to be deposited or accumulate any Solid Waste upon any public or private property in unincorporated Pitkin County other than at the Landfill, in any public right-of way, or upon the alleys behind or the sidewalks or roadways in front of said properties, including construction sites but excepting industrial tracts of ten (10) or more acres and agricultural lands currently in agricultural use pursuant to CRS Section 31-15-401 (1)(a)(I).
e. Litter and Odor - Every owner or occupant of premises within unincorporated Pitkin County shall keep the area within a reasonable vicinity of their Solid Waste storage facility free of Solid Waste materials. Any person or entity transporting Solid Waste within unincorporated Pitkin County shall prevent any Solid Waste from falling or blowing from any Container or collection vehicle and shall use a watertight vehicle with a cover, tarp or other containment to prevent litter and offensive odors in accordance with CRS 42-4-1407.
f. Containers – All Solid Waste Containers shall be of a sufficient capacity and collected at a frequency to allow Container lids to fully close, to prevent material overflow outside of the Container and to prevent any public health danger, fire danger or inhibition of the public right-of-way. Containers shall be maintained in a clean and sanitary condition. It shall be unlawful for any individual or entity to knowingly designate or represent any Container as having a volume different from said Container’s capacity and to place said Container for collection.
g. Ashes – Any solid residue left from burning combustible materials shall be placed in a suitable container separate from other Solid Waste.
h. Recoverable Materials Management – It shall be unlawful for an individual, entity or Registered Hauler to mix Recoverable Materials that have been collected separately with other Solid Waste or to dispose of Recoverable Materials by any means other than at a Qualified Facility.
i. Recyclable Ownership – All Recyclables placed for collection shall be owned by and be the responsibility of the Residential Customer, Group Account or Commercial Customer until collection has occurred, and then shall become the property and responsibility of the Registered Hauler. No person other than the customer or Registered Hauler shall take possession of any Recyclables placed for collection.
j. Wildlife Protection Requirements – All Solid Waste shall be placed for collection in compliance with Pitkin County Code 6.44 Wildlife Protection.
6.16.30 : HAULER REGISTRATION
a. Registration Requirement – No individual or entity shall haul Solid Waste within unincorporated Pitkin County without first being registered by the County.
b. Operating Registration – An annual operating registration shall be issued to Solid Waste haulers who meet the minimum requirements of this code and regulations promulgated hereunder. A registration shall not be assignable or transferable, and upon assignment or transfer, shall become null and void. All information reported through the licensing process will be treated as confidential commercial documentation under the Colorado Open Records Act CRS Section 24-72-201. Application submittals shall include:
i. A completed application
ii. Customer service and facility information on the registration reporting form provided by the County including;
• An annual report of Trash and Recoverable Material tons collected during the previous calendar year excepting the calendar year preceding the first registration period following the effective date of this code.
o From all customer accounts
o From customer accounts within unincorporated Pitkin County using the estimation standard provided by the County for mixed loads
o Weight estimates using volume-to-weight conversion factors provided by the County
• List of customer account types, services and Container options available to each account type
• List of service rates associated with Container options for Residential Customers and Group Account residents who do not receive Extended Collection Service
• Name and address of disposal facilities and Qualified Facilities where Trash and Recoverable Materials are delivered for disposal, recycling or other management
iii. Information for each vehicle (including spares) used to collect and transfer Solid Waste within unincorporated Pitkin County including license plate and US Department of Transportation number if applicable
iv. Copy of customer service notices pursuant to this code and regulations promulgated hereunder
v. Insurance certificate(s) verifying minimum insurance coverage and including Pitkin County as an additional insured and appropriate endorsements;
• Commercial General Liability policy with $1,000,000 per occurrence; $2,000,000 general aggregate; $2,000,000 products/completed operations aggregate including premises/operations, contractual liability, independent contractors and subcontractors, broad form property damage and personal injury coverage
• Commercial Automobile policy with $1,000,000 combined single limit for any vehicle
• Endorsements CA 99 48 Broadened Transportation Pollution Liability for vehicles (all vehicles) and MCS 90 for Motor Carrier Policies of Insurance for Public Liability (if any Hazardous Materials will be hauled)
vi. Notarized signature on registration application verifying that all vehicles are compliant with applicable local, state and federal safety and inspection requirements, that all vehicles have required minimum insurance coverage and that all vehicle drivers are appropriately licensed
vii. Annual registration fee includes;
• $150 for 1 to 5 vehicles (including spares)
• $500 for 6 to 10 vehicles (including spares)
• $1,000 for 11 or more vehicles (including spares)
viii. Maintenance of County registration verification in each vehicle and at the company location listed on the registration application
c. Operational, Service or Rate Changes – It shall be unlawful for any Registered Hauler to fail to provide written notification to the County Manager or designee prior to the implementation of any change to customer account types, services provided to each account type, rates or surcharges (if any) for its Residential Customers or Commercial Customers, disposal or Qualified Facility used.
d. Inspections – All Registered Hauler vehicles are subject to inspection by Pitkin County to verify compliance with this code and regulations promulgated hereunder.
e. Records – All Registered Haulers shall maintain accurate and complete records of services and rates by account type, facilities used for all Solid Waste and quantities of Trash and Recoverable Materials pursuant to any direct or underlying activities associated with the requirements of this code and regulations promulgated hereunder for a period of three (3) years from the end of the calendar year of such records except for paper records of route sheets which shall be maintained for one (1) year from the end of the calendar yard of such route sheets.
f. Audits – All Registered Haulers shall make its records available to the County Manager or designee for audit during regular business hours for the verification of compliance with annual registration submittals, this code and regulations promulgated hereunder. All such information shall be treated as confidential commercial documents under the provision of the Colorado Open Records Act CRS Section 24-72-201 through 24-72-309.
g. Outstanding Fines – No registration will be issued to any new hauler or renewed to any Registered Hauler in the instance of outstanding fines associated with non-compliance with any Pitkin County ordinance or regulation.
6.16.40 : HAULER SERVICE REQUIREMENTS
a. Collection Service – Registered Haulers shall provide, or verify that customers have provided, at least one (1) Trash Container and Recyclable Bins or Recyclables Container to each customer:
i. In offering or arranging for service, Registered Haulers shall provide each customer with a reasonable description of the full range of Trash Container and Recyclables Bin/Container options, volume-based rates and service surcharges where appropriate, and shall provide that customer’s requested Containers and level of service
ii. Each Residential Customer and Group Account resident excepting those provided with Extended Collection Service shall;
• Select their level of service from at least two (2) Trash Container capacity options that shall include the equivalent of a Small Trash Container
• Be provided with recycling service equivalent to at least a Small Container (two [2] Recyclable Bins each with approximately 18-gallon capacity would provide this equivalency)
• Be able to change their Trash Container size and Recyclable Bins/Container size once during the first sixty (60) days of service at no additional delivery cost
b. Recycling Collection Service – Registered Haulers shall provide Recyclables collection to all Trash Customers regardless of the Trash Container size, receipt of Extended Collection Service or use of a Centralized Collection Facility:
i. Residential Customer and Group Account recycling service shall be provided at the same frequency as Trash collection unless recycling service includes the equivalent capacity of one (1) Large Recyclables Container in which case Recyclables collection frequency will be at least one-half as frequent as Trash collection
ii. Recycling service for Residential Customers and Group Account residents with Extended Collection Service, Commercial Customers and Centralized Collection Facilities shall include a Container volume capacity that is at least one-half (1/2) of the Trash service capacity based on the size of all Containers and frequency such that Containers are not overloaded, and materials are not accumulated outside of Containers – where Trash compactors are used, the Recyclables Container volume capacity shall be at least one-quarter (1/4) of the empty charge box
iii. Registered Haulers shall give the hauling of Recyclables and Organics (if any) to all customers the same priority as is given to the hauling of Trash
c. Organics Collection – It is encouraged but not required that Registered Haulers provide or arrange for the provision of Organics collection from Residential Customers, Group Accounts and Commercial Customers. At such time as the County Manager or designee establishes a minimum list of Organics for collection, Containers shall be provided in general accordance with this code and regulations promulgated hereunder.
d. Volume-Based Service Rates for Residential Customers and Group Account Residents – Registered Haulers shall charge all Residential Customers and Group Account residents for the total cost of Trash and Recyclables collection based on the Trash Container size and collection frequency. Haulers shall establish all rates and may charge any rate for base unit of service.
i. Customers that do not receive Extended Collection Services shall;
• Be charged a rate that is based on the cost of service for a Small Trash Container with a volume capacity of no greater than 39 gallons
• Be charged a rate for each subsequent unit that is no less than the rate for the base unit
ii. Customer rates shall be inclusive of Container charges if Containers are provided by the Registered Hauler and assessed at an additional cost
iii. The customer rates for Trash and Recyclables collection service may be itemized separately for billing purposes, but shall not be reduced to exclude the cost of recycling service, and each customer bill shall include a statement identifying the requirement for Recyclables collection using wording provided by Pitkin County
iv. It shall be unlawful for a Registered Hauler to divide or diminish customer charges for the provision of Trash and Recyclables collection service at the request of said customer when the customer expressly declines a Recyclables Container or for any other reason
v. In addition to the Volume-Based Service Rate, Registered Haulers may assess a flat monthly fee on Residential Customer and Group Account residents regardless of whether Solid Waste materials are placed for collection during that month to cover fixed operation costs, but any flat fee shall not be more than fifty percent (50%) of the base unit rate for a single Small Trash Container, shall be applied to each residential service level option and both volume-based and flat fees shall be clearly shown on each customer bill
vi. For Group Account residents, Registered Haulers shall provide Trash collection service in a manner that results in a selection by each individual resident of a level of service from the range of volume and rate options, and shall negotiate a written contract confirming compliance with this code and regulations promulgated hereunder unless a temporary exemption is approved
e. Service Surcharges – Surcharges assessed on any customer to cover fluctuating operating costs outside of the Registered Hauler’s control such as fuel costs or market-based recycling fees shall not exceed twenty five percent (25%) of the base unit rate for a single Small Trash Container, shall be applied to each residential service level option and all service charges shall be clearly shown on each customer bill.
f. Recyclables Contamination – It shall be unlawful for Registered Haulers to dispose of Recyclables by any means other than at a Qualified Facility unless the Recyclables are contaminated with at least twenty five percent by volume (25%) non-Recyclables. Registered Haulers may refuse to service any Recyclables Container with twenty five percent (25%) or more contamination by volume and shall not be required to credit any customer for such refused service or may elect to service same Recyclables Container as a Trash Container and bill the customer accordingly.
g. Trash Overloading – It shall be unlawful for Registered Haulers to service an overloaded Trash Container that does not fully close or allows trash outside of the Container unless the Registered Hauler accounts for and bills the customer for all Trash located outside the Container at a rate that is proportional to that customer’s rate for a single Small Trash Container.
h. Vehicle Overloading – Registered Haulers shall comply with State of Colorado vehicle weight limitations pursuant to CRS Sections 42-4-507 and 42-4-508.
i. Customer Education – Registered Haulers shall notify customers of the provisions and guidelines related to this code and regulations promulgated hereunder. All notification and guidelines shall be distributed by electronic mail or hard copy delivery to the customer account address:
i. Customers shall receive a written service notification of Solid Waste Container options, Volume-Based Service Rates where appropriate and service surcharges upon initial provision of service, within thirty (30) days prior to any rate change or prior to any customer deadline for notifying Registered Haulers of their intent to change or cancel service and by December 31st of each year
ii. Each Residential Customer, Group Account and Commercial Customer shall be provided by their Registered Hauler with guidelines for the safe and effective separation of Recoverable Materials from Trash that is provided by the County and is developed jointly with Registered Haulers
iii. Notices and guidelines for Group Accounts may be sent to the group representative provided that such notice identifies the representative’s obligation to notify all individual customers or users of the service of the provision of Recyclables collection service
j. Nothing in this code shall be construed as prohibiting Registered Haulers from also establishing rules regarding the safe maximum weight of Containers or other features necessary to protect the safety of customers, employees or others.
k. Nothing in this subsection shall be construed as prohibiting any Registered Hauler from assessing separate charges for overloaded Trash Containers, unscheduled Trash collections, changing Container sizes after the first sixty (60) days, contaminated Recyclables, Organics or bulky item collections.
l. Subcontractors or Agents – If a Registered Hauler elects to perform collection of Solid Waste through subcontractors or agents, such relationship shall not relieve said hauler of the responsibility for compliance with this code and the rules promulgated hereunder. Any subcontractor or agent shall also be a Registered Hauler.
m. Material Delivery to Pitkin County Solid Waste Center – Registered Haulers shall deliver Trash to the Pitkin County Solid Waste Center with exceptions based on mutual approval by both the Registered Hauler and the County Manager or designee for maintaining an environmentally sound method of Solid Waste management or when the Center is closed due to extreme weather or other extenuating circumstances. It shall be unlawful to deposit Trash at any facility that is not appropriately certified, permitted or licensed. All Recoverable Materials shall be delivered to a Qualified Facility.
6.16.50 : RESIDENTIAL CUSTOMER AND COMMERCIAL CUSTOMER REQUIREMENTS
a. Collection Service Requirement - Each Residential Customer and Commercial Customer of Solid Waste that originates in unincorporated Pitkin County shall provide his or her own means of collection from a Registered Hauler unless otherwise exempted in Section 2 of this code or regulations promulgated hereunder. Group Accounts with a Trash collection service contract whose effective date precedes the effective date of this code are not required to obtain Recyclables collection service from a Registered Hauler until the end of their current contract term or eighteen (18) months from the code effective date, whichever occurs first.
b. Trash Container Requirement – It shall be unlawful for any Residential Customer, Group Account or Commercial Customer to fail to provide at least one (1) Trash Container for each individual resident or commercial enterprise.
c. Recyclables Collection Requirement – Containers for the separation and placement for collection of Recyclables shall be required of all Residential Customers, Group Accounts, Commercial Customers and Centralized Collection Facilities:
i. The owner of any group of residences shall establish or have established an on-site collection area and Recyclables Bins/Containers that are convenient to occupants and tenants, and shall secure collection services from a Registered Hauler
ii. Commercial Customers shall provide recycling directly to employees and customers wherever Trash Containers are provided in common areas and at a frequency that prevents Recyclables being mixed in with Trash unless a temporary exemption is approved
iii. Containers may be provided by Residential Customers or Commercial Customers if they are acceptable to the Registered Hauler and compliant with Pitkin County Code 6.44
iv. It shall be the responsibility of all Commercial Customers to ensure that Trash Containers do not contain Recyclable materials and, if so designated by the County Manager or designee, shall not contain Organic materials
v. Commercial Customers shall provide employee training at a frequency and with those means, tools and multi-lingual materials needed to effectively communicate the requirements for complying with this code and regulations promulgated hereunder within a reasonable time of hiring and at least annually thereafter using tools designated by the Commercial Customer, the Registered Hauler or Pitkin County
vi. Special Events shall provide Recycling Containers for employee, staff and public separation of Recoverable Materials so designated by the County Manager or designee; training, signage and direction for such separation; and collection by a registered Hauler in compliance with Pitkin County’s Land Use Code 4-30- 50(j)(3)(c)
d. Organics Collection – If the County Manager or designee establishes a minimum list of Organic Materials for collection, Residential Customers, Group Accounts, Commercial Customers and Centralized Collection Facilities shall provide Containers and collection service from a Registered Hauler. Nothing in this subsection is intended to negate the requirements of any other code or regulation governing the collection of any type of Organic Material.
e. Customer Recycling Exemptions – An exemption from the recycling requirements of this code and regulations promulgated hereunder may be granted upon receipt of a written request from an individual, entity or Registered Hauler and approval by the County Manager or designee. Exemptions may be either short-term for up to twelve (12) months or long term for a maximum period of five (5) years. Exemptions may completely waive or modify the recycling requirements. The County Manager or designee may issue short- or long-term exemptions for a group of Residential Customers, Group Accounts or Commercial Customers. An exemption may be approved for a Residential Customer, Group Account or Commercial Customer who;
i. Whose premises has extreme space constraints
ii. Whose Registered Hauler cannot reasonably provide year-round Recyclables collection service to that individual’s or entity’s premises
iii. Uses a Recyclable Container space that is not safely serviceable, which shall mean significantly less safe to service than the customer’s Trash Container
iv. Self-hauls Recyclables to a Qualified Facility
v. Uses a different Registered Hauler for the collection of Trash and Recyclables
vi. Does not generate recyclables (Residential Customer) or a who does not generate Recyclables equal to at least one-half (1/2) of the volume of Trash service based on the Trash Container size and collection frequency (Commercial Customer)
vii. Will violate another Pitkin County code or regulation, or state of federal regulation if required to separate Recyclables for collection
6.16.60: VIOLATION AND PENALTIES
a. Upon the determination of the Pitkin County Public Works Department, Environmental Health Department, Sherriff’s Office, Fire Marshal or other sworn officer that the owner of any parcel of property within unincorporated Pitkin County has permitted the dumping, deposition or accumulation, or blowing of Solid Waste on public or private property or from a Container or collection vehicle, which shall be a Class 2 petty offence pursuant to CRS 30-15-401, a violation notice will be issued, clean-up actions may be taken and fines assessed.
b. Residential Customer, Group Account, Commercial Customer and Centralized Collection Facility violations of this code and regulations promulgated shall be assessed according to the following schedule of fines:
1st Offense $500
2nd Offense $750
3rd and Following Offenses $1,000
c. Wildlife Protection Violations – Additional penalties for violations of Pitkin County Code 6.44 Wildlife Protection may be assessed per that regulation.
d. Registered Hauler Violations – It shall be a misdemeanor for any individual or entity to haul Solid Waste pursuant to this code and any regulation promulgated hereunder in unincorporated Pitkin County without first having obtained a registration for operation and fully complying with the requirements of this code and the regulations promulgated hereunder. Each separate collection service at each customer location or deposit at the Pitkin County Solid Waste Center or other facility without a registration shall constitute a violation of this requirement and may be punishable by ninety (90) days in the County jail in addition to the following schedule of monetary fines:
1st Offense $500
2nd Offense $1,000
3rd Offense Suspension or Revocation of Hauler Registration
e. Any further violations and penalties as set forth in the Manager’s Rules, Section 6 in Appendix 1.
6.16.70 : PROCEDURES FOR ADOPTION OF REGULATIONS AND STANDARDS
a. The Pitkin County Manager or designee is authorized to adopt rules and regulations necessary to implement this code. Any regulation shall be subject to approval of the Board of County Commissioners and shall be made subject to a public notification, appeal and approval process.
b. The Pitkin County Manager is authorized to establish standards and guidelines necessary to effectuate the implementation of this code and regulations promulgated hereunder. The standards and guidelines will be developed after consultation with Registered Haulers and the public, will be subject to a public notification process and will be available for review at the County Manager’s office. Registered Haulers, Residential Customers, Group Accounts and Commercial Customers shall comply with standards and guidelines, which will be reviewed regularly by the County and amended as appropriate.
6.16.080: EFFECTIVENESS
Should any section or sections of this code be determined by a court of competent jurisdiction to be unconstitutional or invalid for any reason, then that section or sections shall be deemed severable and the remaining provisions of this code shall continue in full force and effect.
6.16.090: EFFECTIVE DATE
The effective date of this code and regulations promulgated hereunder shall be January 1, 2019.
6.16.100: PUBLICATION
The Ordinance adopting this code, shall be published upon final adoption, by title and short summary in the Aspen Times Weekly and full text posted on the Pitkin County Website. The code goes into effect 30 days after final publication and posting or otherwise as stated in Section 6.16.090 of this code.
PITKIN COUNTY, COLORADO WASTE AND RECYCLING REGULATION MANAGER’S RULES
APPENDIX 1 TO TITLE 6.16
These Manager’s Rules direct the implementation of the Pitkin County Waste and Recycling regulation promulgated as Pitkin County Code (Code) on , 2018. Definitions and requirements are detailed in said Code.
1. Recoverable Materials Designated for Separation from Trash and Collection
Recoverable Materials in unincorporated Pitkin County include a wide range of residential, commercial and construction materials that are reused, reclaimed, recycled, remanufactured, mulched, composted or otherwise diverted from Trash.
a. At a minimum, the Recyclables shall be separated from Trash and placed for collection by Residential Customers, Group Accounts, Commercial Customers and Centralized Collection Facilities. The inclusion of additional recoverable materials that can be added at any time in the future are strongly encouraged:
• Corrugated cardboard
• Brown paper bags
• Office paper
• Newspaper
• Magazines
• Paperboard (cereal/beer boxes)
• Phonebooks and paperback books
• Plastic containers
• Aluminum
• Metal/steel/tin cans
• Glass bottles and jars
b. It is the preference of Pitkin County to divert from landfilling as many Recyclables as is feasible and sustainable over the long-term.
c. The collection of Recyclables as a single stream (i.e., all Recyclables placed for collection in a single Container) is strongly encouraged.
d. The County Manager or designee, in the future may designate a minimum list of Organic materials that shall also be separated from Trash by Residential Customers, Group Accounts, Commercial Customers and at Centralized Collection Facilities. If so designated, those materials shall be placed in appropriate Containers that are compliant with Pitkin County Code 6.44 Wildlife Protection, collected by a Registered Hauler and managed at a Qualified Facility in a similar fashion as required for Recyclables. Requirements may include the provision of Organics recovery in Commercial Customer kitchen, meal preparation and employee areas as well as bathrooms that use paper towels.
e. Nothing in the Code shall prohibit Residential Customers, Group Accounts or Commercial Customers from separating additional Recyclables or Organics from Trash provided these materials are contained, collected and managed at a Qualified Facility in compliance with Code requirements.
2. Consistency in Trash, Recyclables and Organics Collection
The placement for collection of Recyclables and Organics in the same location that Trash is placed is strongly recommended. The collection of Trash, Recyclables and Organics on the same day is also recommended.
3. Registered Hauler Requirements
a. Registration submittals shall include a completed quantity reporting form that will be provided by the County. The form will include standard factors for converting volumes to weights and a formula for estimating the quantity of materials in mixed loads.
b. Pitkin County will provide direction, tools or materials for each vehicle identified by a Registered Hauler that identifies that vehicle as covered by a current registration.
c. A process will be provided for Registered Haulers’ appeal of a denied application for licensure or renewal that includes:
• A written request for appeal submitted to the County Manager or designee within ten (10) business days of notification of a registration application denial
• Appeals will be heard by the County Manager or designee which will be scheduled within thirty
(30) days of the appeal filing - the County Manager or designee may elect to hold any hearing before the Board of Commissioners
Hearings will be de novo and interested parties shall be entitled to appear and present such evidence as they deem appropriate, and/or be represented by counsel
• Upon the hearing conclusion the County Manager and/or Board of County Commissioners may uphold or reject the registration application denial
d. Trash Overloading – The determination of Trash overloading shall be made on an individual collection date basis by the Registered Hauler. There shall be no “averaging” of collected volumes to allow for overloading on one collection date to offset a low volume at another time.
e. Recyclables Contamination – The determination of Recyclables contamination of 25% or more by volume shall be made on an individual collection date basis by the Registered Hauler using their best judgement:
Any customer with at least 25% contamination in Recyclables placed for collection shall be notified by phone, electronic mail or hard copy delivery to the customer account address with wording provided by Pitkin County
The County Solid Waste Department shall be notified by phone or electronic mail if Recyclables with at least 25% contamination are placed for collection at the same customer address more than once in the period of one (1) calendar month
f. Guidance for Determining Minimum Recyclables Collection Service for Residential Customers and Group Account residents with Extended Collection Service, Commercial Customers and Centralized Collection Facilities - Recyclables Containers shall be at least one-half (1/2) the volume of Trash Service based on the Trash Container size and collection frequency (or one-quarter (1/4) of Trash compactor charge box volume). Calculation examples:
Example #1
Existing Trash service one 4-CY Trash Container collected once/week
Minimum Recyclable service 4 CY x ½ = 2 CY collected/week (or equivalent)
Example #2
Existing Trash service compactor with 10-CY box collected once/week
Minimum Recyclable service 10 CY x ½ = 2.5 CY collected/week (or equivalent)
Example #3
Existing Trash Service two 6-CY Trash Containers each collected twice/week
Minimum Recyclable service (2 Containers x 6 CY x 2 collections/week) x ½ = 12 CY collected/week (or equivalent)
g. Guidance for Establishing Volume-Based Service Rates – Trash and Recyclables rates for Residential Customers and Group Account residents who do not receive Extended Collection Service shall be established to create an incentive for waste diversion. Calculation examples may vary depending on who provides Containers, whether wildlife Containers are used and other variables:
Example
Small Trash Container Plus Recycling
pricing established by Registered Hauler = $30/household-month
Medium Trash Container (or equivalent) Plus Recycling
pricing established by Registered Hauler = $60/household-month
Large Trash Container (or equivalent) Plus Recycling
pricing established by Registered Hauler = $90/household-month
Extra Large Trash Container (or equivalent) Plus Recycling
pricing established by Registered Hauler = varies
h. Guidance for Establishing Volume-Based Service Rates with a Flat Monthly Fee – Registered Haulers may choose to assess a flat monthly fee in addition to Volume-Based Service Rates for Residential Customers and Group Account residents who do not receive Extended Collection Service. Calculation examples may vary depending on who provide Containers, whether wildlife Containers are used and other variables:
Example
Small Trash Container Plus Recycling – hauler pricing $20/household-month flat fee (up to 50% of small container price) = $10/household-month
total cost = $30/household-month
Medium Trash Container Plus Recycling – hauler pricing $40/household-month flat fee (up to 50% of small container price) = $10/household-month
total cost = $50/household-month
Large Trash Container Plus Recycling – hauler pricing $60/household-month flat fee (up to 50% of small container price) = $10/household-month
total cost = $70/household-month
Extra Large Trash Container Plus Recycling – hauler pricing varies
4. Residential Customer and Commercial Customer Description & Requirements
a. Description of customer types:
Customer Type Description
Residential Individual or individual residential property with a discrete Trash Container(s) and curbside collection service provided under a subscription or contract for that property
Group Account Individual residents or commercial enterprises with individual Trash Containers for each residence or enterprise and curbside collection provided under a subscription or contract that collectively serves multiple residents and/or enterprises
Commercial Multiple residential units that share a Trash Container(s) and commercial, institutional and industrial enterprises
Centralized Collection Facility Any facility that provides collection service to multiple customers at a central location using shared Containers
b. Individual residents and commercial enterprises in a Group Account should be encouraged to subscribe to their own Trash, Recyclables and/or Organics collection service if they choose to do so.
c. It shall be unlawful for the owner or occupant of any premises to place Solid Waste at or near the street or alley adjacent to the premises except during the hours of 6:00 am and 7:00 pm.
d. The ultimate goal is for Commercial Customers in Pitkin County to have Recyclables Containers that are as large or larger than Trash Containers.
5. Exemption Process
Residential Customers, Group Accounts and Commercial Customers may apply for and be granted an exemption from the recycling requirements established by the Code. The process shall include:
a. Short-term exemptions (up to twelve months), long-term exemptions (up to five years) or modifications to the recycling requirements may be issued upon the submittal of an exemption application and subsequent approval by the County Manager or designee.
b. A written application shall be submitted to the County Manager or designee by the customer or their Registered Hauler – the application shall provide all relevant details pertaining to the exemption request including but not limited to;
Name, location and contact information of the customer and property owner (if different)
• Current Solid Waste collection service details including number, volume capacity, collection frequency and Registered Hauler for each Trash, Recyclables and Organics Container
• Requested exemption, rationale and supporting data – which may include dimensions, photographs, material quantities, waste audit results, locations where the Registered Hauler cannon reasonably provide year-round Recyclables collection service, disposal and Qualified Facilities used by self-haulers, regulations that could be violated, cost justification (such as lien, receivership, foreclosure, tax record or service cost estimate information) and/or other data needed to substantiate the exemption request and shall verify that full payment of any outstanding fines against the customer/waiver applicant has been made (if applicable)
• Following a review of submitted data and any follow-up required for verification (including site visits for customers requesting an exemption on the basis of extreme space constraints), the County Manager or designee may approve with or without modification or may deny the exemption request – exemption modifications may include partial exemptions such as allowing smaller Recyclable Containers, less frequent collection, sharing Recyclable Containers or other options that balance customer needs against the intent of the ordinance or regulations promulgated hereunder
• An appeal process for denied exemption requests will be as described under Registration Hauler Requirements (above)
• Exemptions may be renewed up to one (1) additional year if a renewal form provided by the County is submitted no less than thirty (30) days before the exemption expiration period – renewal applications will be expected to include workable solutions to resume Recyclables collection service (such as shared Recyclable Containers, centralized collections or other) wherever possible
6. Violations and Penalties
a. Mixing Recoverable Materials that have been collected separately with other Solid Waste or Illegal Dumping, Blowing Litter and Accumulation – Violations for discarding Recoverable Materials and for dumping, deposition, blowing or accumulation of Solid Waste on public or private property may result in notification of the Residential Customer, Group Account or Commercial Customer posted in a prominent location on the parcel or property in question and mailed to the owner at the last known address for that person from the records of the County Treasurer. Any Registered Hauler responsible for the same from a Container or collection vehicle shall be similarly notified.
• The notice of violation shall inform the violator that they are entitled to a hearing before the County Manager or designee and/or Board of County Commissioners to appeal the violation – and that the hearing will be scheduled prior to any material removal by the County if the owner requests said hearing within (10) days of notice posting date
• Upon the expiration of ten (10) days from the date of notice posting, if the violator has not requested a hearing or a finding by County Manager or designee after a hearing that discarded materials on the owner’s property is in violation of the Code, the materials may be removed by the County after a warrant from the district or county court has been obtained
• Upon material removal, the violator will be invoiced for the entire cost of removal with a minimum of one hundred fifty dollars ($150) plus twenty-five percent (25%) of the cost of removal for inspection and incidental costs – the total costs will be assessed against the property and submitted to the property owner for payment with a lien against the property until paid having priority over all other liens. Any Registered Hauler in violation of this Section 6 will be similarly assessed.
• Upon identifying an illegal dumping or blowing litter condition on any public or private property within unincorporated Pitkin County, any employee of the Pitkin Environmental Health Department or its designee may issue a citation to the person or entity responsible for the dumping or the owner of the property on which such materials have accumulated
7. County Information
The County will provide to Registered Haulers for their use in notifying and educating their customers and the public:
• A form for reporting annual Trash and Recoverable Materials that were collected
• Wording for Registered Haulers’ use in notifying customers of regulatory changes during initial implementation
• Guidelines for increasing public awareness and improve safe and effective separation of Trash and Recyclables
• Wording for Registered Hauler use as statements on customer bills related to the requirement for waste diversion and for notices of Recyclables contamination greater than 25%
• Guidance for Commercial Customers’ use in in employee training
• Nothing shall preclude Registered Haulers from developing and providing additional educational and guidance materials regarding Solid Waste separation and placement for collection for their customers
8. Compliance Schedule
a. All Registered Haulers shall obtain an operating registration by April 1, 2019 - all Registered Haulers registrations shall expire on March 31 of each year, beginning with the period ending March 31, 2020.
b. All applications and accompanying documentation for a new or renewed registration shall be submitted to the County Solid Waste Manager by January 31 each year, beginning with January 31, 2019
c. Registered Haulers shall notify all customers of service and pricing options and/or changes no later than May 1, 2019, within thirty (30) days prior to any rate change or prior to any customers deadline for notifying Registered Haulers of their intent to change or cancel service, and by December 31 of every year beginning December 31, 2019. The County will provide notification language related to regulatory changes for use by all Registered Haulers.
d. Service for Residential Customers and Group Accounts without Extended Collection Service shall begin no later than July 1st, 2019.
e. Compliance by Registered Haulers, Residential Customers and Group Account residents with Extended Collection Service, Commercial Customers and Centralized Facilities with the requirement for Recyclables service equal to one-half (1/2) of Trash service volume capacity shall be effective on January 1, 2020.
f. Commercial Customer compliance with the requirement to provide recycling directly to employees and guests in common areas shall be effective on April 1, 2020.
g. Complete applications for exemptions that have been submitted during the previous six months will be reviewed on July 1st and January 1st each year.
9. Adoption of Rules and Regulations
The Pitkin County Manager or designee is authorized to adopt rules, regulations and standards necessary to implement the Code. Any regulation or change to the regulation shall be subject to approval of the Board of County Commissioners and shall be made subject to a public notification, appeal and approval process:
a. All proposed regulations or standards shall be published in writing and a public notice will be mailed to all Registered Haulers and published in a newspaper of general circulation providing;
• A description of the proposed regulations or standards
• Where a copy of the regulations or standards may be obtained
• Notice that interested parties shall have fifteen (15) days from the date of publication to submit written comments to the County Manager or designee
b. Upon the expiration of fifteen (15) days following the publication of notice, the County Manager or designee may adopt final regulations or standards as originally proposed or modified in accordance with written comments received from interested parties.
c. Final regulations or standards will be mailed to all Registered Haulers and to any interested party who submitted comments and will include a brief statement of the right for appeal (described under Registered Hauler requirements above).
10. Changes to the Manager’s Rules
These Manager’s Rules will be reviewed annually by the County Manager and/or designee. Any updates or modifications will be published as described in Section 9 above.