HomeMy WebLinkAboutordinance.council.04-2023ORDINANCE NO.04
SERIES OF 2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 12 OF THE ASPEN MUNICIPAL CODE TO ADD A NEW
CHAPTER ENTITLED "12.05 ORGANIC WASTE DIVERSION" TO INCLUDE
PROVISIONS RESTRICTING THE DISPOSAL OF ORGANIC MATERIALS AS
TRASH.
WHEREAS, the City Council for the City of Aspen has a duty to protect the environment
and the health of its citizens and visitors; and
WHEREAS, as reported by the Environmental Protection Agency, in 2021, natural
resource extraction and processing account for approximately half of global greenhouse gas
emissions; and
WHEREAS, the City of Aspen recognizes climate change is driven by the accumulation of
greenhouse gas in our atmosphere as a result of human activity; and
WHEREAS, the City committed to the Race to Zero campaign, requiring the City to
publicly endorse the following principles:
■ Recognize the global climate emergency.
• Commit to keeping global heating below the 1.5° Celsius goal of the Paris Agreement.
• Commit to putting inclusive climate action at the center of all urban decision -making, to
create thriving and equitable communities for everyone.
• Invite our partners — political leaders, CEOs, trade unions, investors, and civil society — to
join us in recognizing the global climate emergency and help us deliver on science -based
action to overcome it; and
WHEREAS, Aspen City Council passed Resolution #002 Series of 2022 that established
science -based targets for reducing community greenhouse gas (GHG) emissions 63% by 2030 and
100% by 2050, based upon 2017 levels; and
WHEREAS, the 2020 Community Greenhouse Gas Emissions Inventory estimated the
landfilling of materials accounted for 16% of Aspen's total emissions in 2020; and
WHEREAS, in 2021, Aspen City Council recognized the harmful environmental impacts
of landfilling recoverable resources and set organic waste reduction goals of, a 25% reduction of
landfilled organic material by 2025, and a 100% reduction of landfilled organic material by 2050;
and
WHEREAS, the City's municipal waste stream is comprised of 80% divertible resources
that could have been recycled, reused, or composted, and recirculated back into the economy for
reprocessing into new goods or materials; and
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DOC CODE: ORDINANCE
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Ingrid K. Grueter, Pitkin County, CO
WHEREAS, in 2021, a waste assessment at the Pitkin County Solid Waste Center found
42.65% of the municipal waste stream is organic materials that could have been composted or
sustainably managed; and
WHEREAS, when organic material is buried in a landfill it becomes starved for oxygen
and produces Methane, a harmful greenhouse gas more potent than Carbon Dioxide that collects
in the Earth's atmosphere; and
WHEREAS, the ability to recover organic material is locally available at the Pitkin County
Solid Waste Center, where an industrial composting operation processes food scraps, and
compostable materials, into a soil amendment that returns organic nutrients back into the
landscape; and
WHEREAS, the City offers organic waste diversion trainings, a free compost drop-off
center for residents, free countertop compost backets, and private haulers provide to curbside
collection services for City businesses and homeowners; and
WHEREAS, currently, separating organic material from landfill trash for composting is
voluntary, and over the last 10 years voluntary participation has diverted 4%, per year of organic
material from the landfill while the percentage of compostable, organic material disposed of in the
landfill has increased to 42.65%; and
WHEREAS, continuing at the rate of voluntary participation will not meet the City's
organic waste reduction or GHG reduction goals, and adds to the volume of waste buried in the
local landfill; and
WHEREAS, City Council recognizes organic material diversion is integral to reducing
Aspen's landfilled waste, and supporting the longevity of the Pitkin County Solid Waste Center;
and
WHEREAS, to have a significant impact on waste reduction and GHG emission goals,
organic materials cannot be discarded as landfill trash but should be diverted for other purposes;
and
WHEREAS, City Council has determined that the health, safety, and general welfare of
the citizens, residents, and visitors of the City of Aspen will be served by this ordinance, which
will regulate the disposal of organics within the City; and
WHEREAS, it is desired by City Council, to amend Title 12, Solid Waste, of the Aspen
Municipal Code to add a new chapter, 12.05 Organics Waste Diversion, that prohibits the disposal
of organic material as landfill trash, requiring the disposal of organics to be in an environmentally
sustainable and recoverable manner.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
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Title 12 of the Municipal Code of the City of Aspen is hereby amended by the addition of a new
Chapter 12.05 which Chapter shall read as follows:
Chapter 12.05. ORGANIC WASTE DIVERSION
Sec. 12.05.010. Definitions.
Commercial business shall mean any business where a commercial, industrial, or institutional
enterprise is carried on including, without limitation businesses holding a Retail Food License,
restaurants, retail establishments, hotels, lodges, hospitals, schools, day care centers, offices,
nursing homes, clubs, churches, and public facilities.
Compost Collection Service shall mean a hauler that is in the business of collecting and
transporting organic material from another, for a fee, to a compost processing facility.
Food Waste means all edible materials which are intended for consumption by humans or
animals, including those materials which are no longer edible due to spoilage.
Hauler means any person in the business of collecting, transporting or disposing of solid waste
for another, for a fee, in the City.
Multifamily property means an individual building, or campus of buildings, that contains
multiple, separate residential living units. Units in these buildings may be occupied by the
following types of residents:
(a)Tenants;
(b)Cooperators; or
(c)Individual owners.
Organic materials collection container for the purposes of this chapter means, a designated
organics material receptacle assigned for disposal in accordance with a Recoverable
Management Practice.
Organic means carbon -based material that can biodegrade into stable, odorless materials such as
compost or mulch, and may include but is not limited to food waste, compostable paper and
certified compostable products, yard waste, clean wood and some sludges. At a minimum,
organics shall include those materials designated by the Environmental Health and Sustainability
Department.
Recoverable Management Practice means actions taken to prevent recoverable materials, such as
organics, from end -of -life disposal through a trash diversion practice including composting,
reuse, reclaiming, mulching, or other actions approved by the Environmental Health and
Sustainability Department.
Responsible Party is the individual or entity that controls, manages, or directs the business or
dwelling. For the purpose of a multifamily property where living units are individually owned,
the responsible party is the property manages or housing authority which controls, managers, or
directs the campus.
Trash for the purposes of this chapter means substances designated for end -of -life disposal in a
landfill, or other end -of -life disposal practice which the substances can never be recovered.
Sec. 12.05.020. Organics Diversion Requirements.
Effective after passage, the following requirements shall apply:
a) Effective October 15, 2023 commercial businesses holding a Retail Food License shall
separate organics, as defined in Sec. 12.05.010, from substances designated for trash
disposal. All organic materials must be collected and disposed of -through a recoverable
management practice such as, but not limited to, donation, animal feed, composting, or
any other recoverable management practice approved by the Department of
Environmental Health and Sustainability. No organic materials shall be disposed of as
trash. The responsible party for the commercial business shall ensure all employees have
access to an organic materials collection container for the purposes of disposal separate
from trash.
b) Effective January 15, 2026, all commercial businesses, and multifamily properties shall
separate organics, as defined in Sec. 12.05.010., from substances designated for trash
disposal. All organic materials must be collected and disposed of -through a recoverable
management practice such as, but not limited to, donation, animal feed, composting, or
any other recoverable management practice approved by the Department of
Environmental Health and Sustainability. No organic materials shall be disposed of as
trash. The responsible party for the premises shall ensure all employees and occupants
have access to an organic materials collection container for the purposes of disposal
separate from trash.
c) Effective January 15, 2028, every owner or occupant of a premises within the City,
including all premises located in a Residential Zone District as defined in this Code,
generating organic waste shall separate organic materials, as defined in Sec. 12.05.010,
from substances designated for trash disposal. All organic materials must be collected
and disposed through a recoverable management practice such as, but not limited to,
donation, animal feed, composting, or any other recoverable management practice
approved by the Department of Environmental Health and Sustainability. No organic
material shall be disposed of as trash. The responsible party for the premises shall ensure
all employees and occupants have access to an organic materials collection container for
the purposes of disposal separate from trash.
Sec. 12.05.030. Container Requirements.
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All commercial businesses, and every owner or occupant of a premises within the City must
comply with the provisions of Chapter 12.08 Wildlife Protection and adhere to the following
stringent requirements when storing organic materials outside for a compost collection service:
a) Commercial businesses in the Commercial Core as defined in this Code are required to
use certified wildlife -proof receptacle as designated by the City of Aspens when storing
organic waste outside, including in the public right-of-way.
b) All receptacles used for the purpose of organics collection must be labeled with the name
of the business, establishment, or person utilizing the container. Labeling a receptacle
with only an address does not meet the standards of this section.
Sec. 12.05.040. Enforcement.
a) As requested by the Department of Environmental Health and Sustainability, commercial
businesses must provide proof of organic separation and the means in which the organic
material is designated for a recoverable management practice. Proof may be provided in
the form of collection bill or contract with a compost collection service or by proof of
another recovery practice of choice.
b) Enforcement officers, or City designated officials, may inspect the contents of solid waste
containers placed on City property, such as City Right of Ways, for compliance.
Sec. 12.05.050. Exemption for Public Trash Containers.
a) It shall not be considered a violation of this chapter if organics are placed in a trash
container made available by a commercial business for use by the public, commercial
customer, and pedestrians.
Sec. 12.05.060. Violations and Penalty.
a) Violation of the provisions of this Chapter by any person, firm, business, or corporation,
hauler, or 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.
Sec. 12.05.070. Education.
a) The City of Aspen Environmental Health Department shall provide training materials, and
signage to commercial businesses. The responsible party for each commercial business
shall provide training to employees at a frequency and with those means, tools, signage,
and multi-lingual materials needed to effectively communicate the requirements for
complying with this Code and regulations promulgated hereunder within a thirty (30) days
from an employee's date of hire, and at least annually thereafter.
Section 2•
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3•
This ordinance shall not affect any existing litigation and shall not operate as do abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 4•
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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 5•
A public hearing on this ordinance was held on the da ofN2023,
at a meetin of the As en
p g � Y g p
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the
14'' day of February 2023.
ATTEST:
Nicole Henning, City Clerk
Torre, Mayor
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FINALLY, adopted, passed and approved thisA�ay of 2023.
ATTEST:
Litt
Nicole Henning, City Clerk
APPROVED AS TO FORM:
James R. True, City Attorney
Torre, Mayor