HomeMy WebLinkAboutordinance.council.017-11 ORDINANCE NO. 17
(Series of 2011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING CHAPTER 12.06 OF THE ASPEN MUNICIPAL CODE, SOLID WASTE,
WASTE REDUCTION.
WHEREAS, Section 12.06 sets forth the requirements for waste reduction and waste hauling
practices in the City of Aspen; and
WHEREAS, since the initial adoption of this code section the City of Aspen has created a
compost program to better serve the community's waste reduction needs; and
WHEREAS, the existing code does not define the term `compost' nor does it contain the
ability to regulate hauling companies that wish to haul compostable material; and
WHEREAS, the Environmental Health Department would like to encourage composting at
businesses and residences to further pursue the community's goals of reducing waste and reducing
Aspen's environmental footprint; and
WHEREAS, the intent of the Waste Reduction code is to encourage further efforts by the
community to move towards zero waste practices; and,
WHEREAS, the amendments to the Code are delineated as follows:
• Text being removed is delineated with strikethrough. Text being removed looks like
this.
• Text being added is bold and underline. Text being added looks like this.
• Text which is not highlighted is not affected; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of waste reduction and environmental stewardship.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: The City Council hereby amends Chapter 12.06 to read as follows:
Sec. 12.06.010. Definitions.
For purposes of this Section Chapter, the following terms shall have the meanings ascribed to them:
Ashes. The term ashes shall mean the solid residue left when material is burned.
Audit Card shall mean a card that waste Haulers give to customers who have included banned Yard
Waste in their garbage or who have failed to properly sort their Recyclable Materials.
Commercial Customer shall mean any premises utilizing collection service where a commercial,
industrial or institutional enterprise is carried on, including, without limitation, retail establishments,
restaurants, hospitals, schools, day care centers, offices, nursing homes, clubs, churches and public
facilities.
Compostable material or compostables shall mean any organic material that will naturally
degrade and that has been designated as compostable by City Manager regulation in the
"Compostable Materials List" which may include, but is not limited to,
1) Animal or vegetable based food scraps resulting from the preparation, cooking and serving of
food;
2 Organic materials, including paper products and products designed to completely break down
in a commercial composting facility;
3) Organic material that has been completely segregated from trash by the generator for the
purpose of being composted or otherwise processed through natural degradation into soil
amendment, fertilizer or mulch.
Garbage The term garbage shall mean all wastes from the preparation and consumption of
food, condemned food products and all refuse and waste from the handling, storage, preparation
and sale of produce. The term garbage shall include Compostable material and compostables.
Hauler means any person in the business of collecting, transporting or disposing of garbage or
trash for another, for a fee, in the City.
Multi - Family Customer means the occupants, taken together, of a residential building or set of
residential buildings who use a collective, common system for the collection of garbage generated by
the occupants.
Recyclable Materials means any materials that are designated by the City Manager in the
"Recyclable Materials List" which may include, but are not limited to, newspaper, office paper,
cardboard, glass containers, plastic containers, steel cans and aluminum cans.
Residential Customer means every occupant of a residential building or set of residential buildings
who receives periodic garbage collection service, and who does not use a collective, common system for
the collection of garbage generated by the occupants.
Trash. The term trash shall mean all substances, which are neither ashes nor garbage.
discarded from dwellings, rooming houses, hotels, clubs, restaurants, boardinghouses, eating
places, shops, stores or other places of business.
Yard Waste shall mean materials generated from the maintenance of the vegetation on a property
that have been designated by the City Manager in the "Banned Yard Waste List" which may include, but
are not limited to, grass clippings, leaves, weeds, holiday trees and other plant materials. (Ord. No. 26,
2005, §1)
Sec. 12.06.020. Exemptions.
The following persons are exempt from the provisions of this Chapter:
(A) Any person or agent thereof who transports to the landfill only the garbage that person
generates.
(B) Any person who transports only liquid wastes (such as restaurant grease), discarded or
abandoned vehicles or parts thereof, discarded home or industrial appliances, household hazardous
wastes or hazardous materials as defined in the rules and regulations adopted by the United States
Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.
(C) Any Commercial Customer who has received an exemption pursuant of this chapter may
continue to be exempt provided he or she proves he or she transports his or her cardboard recycling to
the Rio Grande Recycling Center or Pitkin County Materials Recovery Facility. Such exemption shall
be granted upon satisfactory demonstration to the Environmental Health Department that said customer:
(i) Is taking his or her recyclable cardboard to the Rio Grande Recycling Center or Pitkin
County Materials Recovery Facility;
(ii) Is not allowing recyclable cardboard to be placed in trash containers; and
(iii) Complying with the requirements of section 12.06.030 would be unduly burdensome to
the applicant.
Sec. 12.06.030. Hauler requirements.
(A) No person shall operate as a solid waste Hauler within the city limits without first obtaining a
business license from the City. In order to receive a City business license, a solid waste Hauler must comply
with the requirements of this Chapter.
(B) Except for customers exempt from the provision pursuant to Section 12.06.020 above, Haulers
providing trash service in the City shall include in the base rate for trash pickup service the pickup of
Recyclable Materials as designated by the City Manager in the Recyclable Materials List. It shall be unlawful
for Haulers to provide a separate line item for the cost of recycling services on any invoice, contract, or other
document that is delivered to the customer, or to deduct any amount from a customer's rate if the recycling
services are not used unless the customer has received an exemption from the Environmental Health
Department.
(C) The collection of recyclable materials for residential customers shall be provided on the same day
and upon the same frequency as trash pickup.
(D) Haulers shall provide collection of recyclable materials for multi - family and commercial customers
as often as necessary to prevent the overflow of the recycling containers and to permit the customer to use the
recycling containers without causing an overflow.
(E) Any person licensed to operate as a solid waste Hauler within the City shall charge all Residential
Customers on the basis of volume of trash collected, which shall be measured by the volume capacity of the
container used by the customer. All charges shall be based upon units of volume no greater than thirty -two
(32) gallons. The charge for the second unit shall be no less than the charge for the first unit of volume. The
charge for each subsequent unit of volume shall be no less than the charge for the first unit of volume.
(F) In offering or arranging for services, a Hauler shall provide reasonable notice of the full range of
container sizes or levels of services offered by the Hauler, and shall provide to each customer that customer's
requested container size or level of service.
(G) Each Hauler shall submit a bi- annual report to the city manager of the weight in tons of garbage,
trash, Recyclable Materials (as determined by the City Manager in the Recyclable Materials List pursuant to
12.06.040), Compostables and Yard Waste materials collected within the limits of the City. For loads that
contain garbage or Recyclable Materials originating in part from within the limits of the City, and in part from
outside the limits of the City, the reported quantity may be estimated by the Hauler but must use the
standardized formula provided by the City of Aspen which shall include the use of both the scale tickets and
customer route sheets, and reported as an estimate.
Bi- annual reports shall be submitted by January 31 and July 31 using a form or forms provided by the
Environmental Health Director. Included in this form shall be a standardized formula for volume estimations,
a description of the approved data collection methods and a section for the hauler to describe any assumptions
used in the data collection process. All reports shall be treated as confidential commercial documents under the
provisions of the Colorado Open Records Act.
(H) Nothing in this Section shall be construed as prohibiting any Hauler from providing separate
pricing for special collection of bulky items, Compostables, Yard Waste, contaminated recyclables,
unscheduled pick -up of trash, extra volumes of trash, such as bags, boxes or bundles, or more than what was
subscribed with a Hauler for trash.
(I) Except for materials that customers have not properly prepared for recycling and so are grossly
contaminated (fifteen percent [15 %] or more of trash), Haulers may not dispose of Recyclable Materials set
out by recycling customers by any means other than at a recycling facility that sorts, packages and otherwise
prepares Recyclable Materials for sale.
(i) Haulers must notify customers of any grossly contaminated Recyclable Material with an Audit
Card with wording provided by the Environmental Health Department. The Environmental Health
Department, once notified by the customer, will determine if recyclable material may be cleaned
and picked up as recycling, or determined to be trash, and then contact the Hauler to approve the
collection, which the Hauler may choose to pick up at the next scheduled pickup and which may
incur a charge for an extra trash pickup.
(J) Haulers shall notify customers of the provisions of this Chapter by a letter reasonably acceptable by
the City of Aspen:
(i) Upon the initial provision of solid waste collection services to new customers,
(ii) Ninety days prior to any deadline such as the date for existing customers to notify the hauler if
they wish to opt out, and
(iii) On or before December 31 of each year for existing customers
Haulers will also provide within the above reference letter information on the materials designated
for recycling collection pursuant to 12.06.040 and such rules and regulations as established by the
Hauler for the orderly collection of Recyclable Materials as authorized pursuant to 12.06.050(b).
Such notice shall further include for Residential Customers the notification of the variable rate
system employed by the Hauler, and shall be in a form reasonably acceptable to the City to ensure
that customers are fully informed of the availability of recycling and level of service options.
For group accounts, the notices required herein may be sent to the group representative for said
account, provided that such notice shall further notify said representative of its obligation to notify
all individual customers or users of the service within the group of the availability of recycling
services.
On or before January 31 of each year, the Hauler shall deliver to the Environmental Health Director
a true and correct copy of the notification sent to each customer type, i.e. Residential, Multi- family
or Commercial, on or before December 31 of the previous year.
(K) Haulers shall not pick up trash that contains banned Yard Waste materials. Haulers shall notify
customers of the ban with an Audit Card with wording provided by the Environmental Health Department.
The Environmental Health Department, once notified by the customer, will determine when the customer has
removed the contaminating materials and then contact the Hauler to approve the collection of the trash, which
the Hauler may choose to pick up at the next scheduled pickup or which may incur a charge for an extra
pickup. (Ord. No. 26, 2005, §1)
(L) A hauler that exclusively hauls compostable material, no trash or recycling, that has been
prepared by the generator for the purpose of separate collection and that is collected in a separate
vehicle or compartment of a vehicle than that used for trash collection, is exempt from the above
provisions of Section 12.06.030, except that all compost haulers shall comply with subsections (A), (G)
and (H) of this Section 12.06.030.
Sec. 12.06.040. Designation of Recyclable Materials, and Banned Yard Waste Materials and
Compostable Materials List.
(A) The Recyclable Materials that haulers are required to pick up shall be set forth in the City's
"Recyclable Materials List," which shall be prepared and amended from time to time by the City Manager.
The Recyclable Materials List shall be developed after consultation with the Pitkin County Landfill
Director/Manager, the Environmental Health Director and representatives of the licensed Haulers operating
within the City, as well as the public, and shall be available for review on the City's Environmental Health
Department website.
(B) The Yard Waste material that is required to be separated from trash shall be set forth in the City's
"Banned Yard Waste List," which shall be prepared and amended from time to time by the City Manager. The
Banned Yard Waste List shall be developed after consultation with the Pitkin County Landfill Manager, the
Environmental Health Director and licensed Haulers operating within the City, as well as the public, and shall
be available for review on the City's Environmental Health Department website. (Ord. No. 26, 2005, §1)
(C) The "Compostable Material List" shall be developed after consultation with the Pitkin
County Landfill Manager, the Environmental Health Director and licensed Haulers operating within
the City, as well as the public, and shall be available for review on the City's Environmental Health
Department website.
Sec. 12.06.050. Placement of Recyclable Materials, Compost and Yard Waste for pickup.
(A) All recyclables, compostables and Yard Waste accumulated on any premises shall be placed in a
container separate from garbage, or in a suitable manner such as cardboard broken down and placed on a shelf.
(B) Recycling containers for storing and setting out Recyclable Materials may be of any color or design
as long as they do not interfere with industry- accepted requirements for the preparation of materials for
recycling that are necessary to provide for the orderly collection of Recyclable Materials. (Ord. No. 26, 2005,
§1)
(C) Composting containers for storing and setting out Compostable Materials may be of any color
or design so long as the container complies with all other requirements of the Aspen Municipal Code,
including but not limited to the provisions of Chapter 12.08, Wildlife Protection.
(D) Yard Waste may be included for pick up with Compostable material in the Compostable
Material bin or placed next to the Compostable Material bin in preparation for pick up by a hauler.
Sec. 12.06.060. Educational materials.
(A) The Environmental Health Department shall provide an annual summary of waste and recycled
material totals collected in the City, and shall report on other measures of success and aspects of this Chapter.
This annual summary shall be provided to the City Council and the Commercial Core and Lodging
Commission.
(B) The City will provide wording for Audit Cards that the Haulers must use to notify their customers
of contamination of Yard Waste in trash and contamination of trash in recyclables. In addition, the City will
produce an educational flyer, not to exceed one (1) sheet of paper in length. Haulers shall distribute this
educational flyer at least once a year to all their customers, that may be at the same time as materials sent out
under Subsection 12.06.0300) above. The City will consult with the Haulers about the educational flyer prior
to distributing it to the Haulers. (Ord. No. 26, 2005, §1)
Sec. 12.06.070. Audits and violations.
(A) Each Hauler licensed pursuant to this Chapter shall maintain accurate and complete records of the
services provided to all customers, the charges to such customers and payments received, the form and
recipients of any notice required pursuant to this Chapter, and any underlying records, including any books,
accounts, contracts for services, written records of individual level of service requests, invoices, route sheets or
other records necessary to verify the accuracy and completeness of such records. It shall be the duty of each
Hauler to keep and preserve all such documents and records, including any electronic information, 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 may be discarded one (1) year after the end of the calendar year of such route sheets.
(B) If requested, each Hauler shall make its records available for audit by the City Manager during
regular business hours in order for the City to verify Hauler compliance with the provisions of this Chapter.
All such information shall be treated as confidential commercial documents under the provisions of the
Colorado Open Records Act.
(C) Violation of any provision of this Chapter by any person, firm or corporation, whether as Hauler,
owner or occupant, shall be unlawful and subject to the penalty provisions in Section 1.04.080 of this Code.
Each violation shall constitute a separate offense. (Ord. No. 26, 2005, §1)
Sec. 12.06.080. Sunset provision
This Chapter shall remain in effect until five (5) years from the date of adoption of the ordinance
codified herein, at which time the City Council shall amend, expand or repeal this Chapter.
. (Ord. No. 26, 2005, §1; Ord. No. 17 -2008)
Section 2: Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining portions thereof.
Section 3. Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances amended as herein provided,
and the same shall be construed and concluded under such prior ordinances.
Section 4. Notice
A public hearing on the ordinance will be held May 23, 2011, at 130 S. Galena, City Council chambers
Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of
the City of Aspen on the 9 day of May, 2011
ile • 5- z s -2 of/
Michael C. Ireland, Mayor
ATT ST:
i i
thryn Koh , City Clerk
FINALLY, adopted, passed and approved this day of 23May, 2011.
Michael C. reland, Mayor
ATTEST: �� a1C_ APPROVED AS TO FORM:
athryn Koc I/ ity Clerk John Worcester, City Attorney
Tue, May 10, 2011 10:39:57
6512504 6 L cL I7 ) 2 0 1/
• . Ad Ticket #5
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920 -5064 Address: 130 S Galena St
E -Mail: ANGELA SCOREY
Client:
Caller: Kathryn Koch Cit Aspen
_ Receipt State: CO Zip: 81611
Ad Name: 6512504A Original Id: 0
Editions: 8ATI /8ATW/ Class: 0990
Start: 05/15/11 Stop: 05/15/11
Color: Issue 1
Copyline: atw - Ordinance #17 2011 R AT Legals
LEGAL NOTICE
ORDINANCE #17, 2011, PUBLIC HEARING
Lines: 20 Ordinance #17, Series of 2011, was adopted on
Depth: 1,68 first reading at the City Council meeting May 9,
2011. This ordinance, if adopted, modifies the
Columns: 1 municipal code regarding solid waste to allow for
Discount: 0.00 compost collection and hauling. The public
hearing on this ordinance is scheduled for May 23.
Commission: 0.00 2011 at 5 PM, City Hall, 130 South Galena.
Net: 0.00 To see the entire text. go to the city's legal notice
0.00 website
0
Tax: http: //www.aspenpitkin.com /Departments /Clerk/
Legal- Notices/
Total 10.12
If you would like a copy FAXed or e- mailed to you,
Payment 0.00 call the city clerk's office, 429 -2685.
Published in the Aspen Tirnes Weekly on May 15,
2011. [6512504]
Ad shown is not actual print size
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