Loading...
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 IIIIII IIIII IIIII III�I�IIII IIIII IIIIIIIII II I IIIIIIII�IIII IIIII IIIIII� II IIII RECEPTION#: 694111, R: $43.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 7, 04/0612023 at 12-43:56 PM 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: 2 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. 4 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 6 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