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Home My WebLink Aboutordinance.council.016-12ORDINANCE NO. (p (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 13.04 OF THE ASPEN MUNICIPAL CODE REGARDING WATER QUALITY. WHEREAS, The City of Aspen seeks to be a leader on environmental issues; and WHEREAS, Water is a scarce and valuable. resources in the intermountain west and composting toilets use minimal amounts of water to operate; and WHEREAS, the proposed changes to this ordinance will allow the installation of composting toilets within certain zone districts where the use of standard toilet facilities may be impractical due to specific site constraints; and, WHEREAS, the amendments to the Code are delineated as follows: • Text being removed is delineated with strikethrough. looks like d+iT • 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 public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The City Council hereby amends Chapter 13.04 of the Aspen Municipal Code as follows: Sec. 13.04.010. Definitions. (a) Comnostine Toilet shall mean: A human waste disposal system consisting of a toilet that uses little or no water connected to a specially built tank in which waste material is decom- posed by aerobic bacteria. LtLW Enjoined shall include temporary, preliminary and permanent injunctive relief. (c) (b4 Municipal water supplies means all surface and underground water rights, whether absolute- ly or conditionally decreed, of the City, which are used or are capable of being used for any benefi- cial purpose, including, without limitation, municipal, commercial, aesthetic, irrigation, minimum stream flow, fish and game propagation, recreation, domestic, industrial uses and augmentation and exchange. (-c4 Nonpoint source means any source of pollutant other than a point source and includes, with- out limitation, water use and development practices, activities which encroach on riparian areas, vegetation disturbance, soil disturbance and earth movement, impervious cover and storm water runoff from developed areas. (e) (4) Permit means a permit lawfully issued pursuant to Public Law 92 -500, the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1251, et seq.) or pursuant to Section 25 -8- 501, C.R.S. 1973 et seq. lf' (e) Person means an individual, corporation, partnership, association, municipality, district, fed- eral or state agency, commission or other state or federal body or political subdivision thereof. . , .(gl (€3 Point source means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel; tunnel, conduit, well, discrete fissure, container, rolling stock or concentrated animal feeding operation from which pollutants are or may be discharged. (g3 Pollutant means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials; radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste dirt and slurry. fil (h) Presumption means that any person charged with the waste of water resources shall bear the burden of proving that the water diversions which were wasted did not contribute to or result in a r degradation of the water quality standards set forth in Section 13.04.020 below. W (4) Sources means any area which contributes to the water supply of any stream or river and in- cludes, without limitation, any drainage basin or underground aquifer. (j4 Waste means.the failure to apply water diverted from any source which contributes to municipal water supplies to a beneficial use and includes, without limitation, causing or permit- ting the application of water in excess of that reasonably required to accomplish the purpose or purposes for which the water is diverted; permitting water to escape from ditches, canals or other structures in excess of reasonable loss; and any diversion of water rights decreed for a given purpose under circumstance which cannot reasonably justify such usage. Sec. 13.04.070. On -site waste disposal system. (c) Notwithstanding any provision herein to the contrary, at the sole discretion of the Envi- ronmental Health Director, a composting toilet may be constructed upon publicly owned Property or upon privately owned property within the City of Aspen in excess of five (5) acres. Such composting toilet shall be constructed and maintained pursuant to standards is- sued by the Environmental Health Department. If in the opinion of the Environmental Health Director any approved and installed composting toilet constitutes a potential threat to the public health, then the Environmental Health Director shall require improvements to the constructed toilet or to the maintenance procedures or shall revoke permission for use of the composting toilet. Any such requirements, including removal of the toilet, shall be completed by the property owner within ten (10) days of notice from the Environmental Health Direc- tor. 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. Effective Date. This ordinance shall be effective as of thirty (30) days from the date of final approval. Section 5. Notice -'2vt A public hearing on the ordinance was held on Y() )n the Aspen City Council Chambers, 130 S. Galena St., Aspen, Colorado, °fifteen ys prior to which hearing a public notice of the same was published in a newspaper al circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 2012. r Nbchael C. Ireland, Mayo ATT ST: Kathryn Ko i y Clerk FINALLY, adopted, passed and approved this 19 day of 92012. ATT ST: i Kathryn Ko , City (Clerk Michael APPROVED AS TO FORM:. awes R. True, City Attorney City of Aspen Requirements for Installation of Composting Toilets Composting Toilets A. Deposits of feces, urine and readily compostable items such as kitchen scraps, food waste, etc. that are not diluted with water or other fluids may be retained and treated in a composting toilet. B. Only manufactured composting toilets meeting NFS or an equivalent testing program maybe installed. C. The composting toilet maybe located within a building or dwelling, provided that: 1) It is specifically designed for interior use; 2) It complies with the applicable requirements of these regulations and the building code; and 3) The installation will not result in conditions considered to be a health hazard as determined by the Environmental Health Director. D. The effective volume of the composting toilet shall be sufficient to accommodate the number of persons served. E. The compartments and appurtenances related to the composting toilet shall include fly -proof construction and exterior ventilation as required by the building code. F. When the composting toilet is filled to (75 %) of its capacity the residue shall be removed and disposed of by acceptable solid waste practices. G. No composting toilet shall be installed to serve in a capacity in excess of its design. H. If a composting toilet will be installed where low temperatures may be a factor, the design shall compensate for those temperatures. I. The composting toilet shall include secondary containment for the collection compartment to contain any spills or leaks on site. Ad Name: 7886480A LEGAL NOTICE ORDINANCE#16,2012 PUBLIC HEARING Customer: Aspen Aspen (LEGALS) City of Ordinance#16,at the eCitty Council meetiadopted ay 14, 2012. This ordinance,if adopted,will amend the Your account number: 1013028 municipal code,water quality section to allow com- posting toilets. The public hearing on this ordi- nance is scheduled for May 29,2012 at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice website http://www.aspenpitkin.com/Departmentsl Clerk/Legal-Noticesl If you would like a copy FAXed or e-mailed to you, call the city clerk's office,429-2686. Published in the Glenwood Springs Post Indepen- dent on May 17,2012. [7886480] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado,and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 5/17/2012 and that the last publication of said notice was in the issue of said newspaper dated 5/17/2012. In witness whereof,I have here unto set my hand this 09/12/2012. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 09/12/2012. Mary E.Borkenhagen,Notary Public My Commission expires:September 12,2015 60...... p10TgRy =c FxPirM OgA'L