7. Solid Waste Collection
SOLID WASTE COLLECTION
5-7-2: LICENSE REQUIRED
5-7-3: LICENSE APPLICATION
5-7-4: LICENSE ADMINISTRATION
5-7-6: TERM OF LICENSE AND RENEWAL
5-7-7: LICENSE DENIAL, CANCELLATION, SUSPENSION OR REVOCATION
5-7-8: RECYCLING REQUIREMENT
5-7-9: DESIGNATION OF RECYCLABLE MATERIALS
5-7-10: DESIGNATED COLLECTION DAYS
5-7-11: COLLECTION VEHICLES
5-7-12: RECORDS AND REPORTS
5-7-13: DISPOSAL OF SOLID WASTE
5-7-1: DEFINITIONS: (247 1959 2017 2984) The following words, terms and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
“Collector” shall mean the person or entity providing collection service for solid waste or recyclable materials.
“Commercial Customers” shall mean any premise utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitation, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches and public facilities and multi-family customers.
“Curbside” shall mean at or near the perimeter of residential premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk or in the street.
“Curbside Collection” shall mean the collection of solid waste or recyclables placed at a curbside location.
“Multi-family Customers” shall mean attached housing or multi-family residential properties for which there is a communal system for the collection of solid waste.
“Recyclable Materials” shall mean materials that have been separated from solid waste and can be recovered as useful materials and are properly prepared for the purpose of recycling, provided that such materials have been designated by the City Manager as recyclable pursuant to Section 5-7-9 (A), W.M.C.
“Recycling” shall mean the process of recovering useful materials from solid waste, including items for re-use.
“Residential Customers” shall mean all residential properties, regardless of whether or not individual units are included in homeowners’ associations.
“Service” shall mean collecting, transporting or disposing of solid waste or recyclable materials.
“Solid Waste” shall mean all putrescible and nonputrescible waste, excluding discarded or abandoned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other sludge, discarded home or industrial appliances, hazardous wastes, materials used as fertilizers or for other productive purposes and recyclable materials that have been source separated for collection.
“Solid Waste Collector” shall mean the person who provides solid waste collection service on a regular, recurring schedule.
“Source Separation” shall mean to separate recyclable materials from solid waste at the waste source.
5-7-2: LICENSE REQUIRED: (247 1959 2017)
(A) It shall be unlawful for any person to operate as a solid waste or recyclable materials collector within the corporate limits of the City without first obtaining a collection license for such activity.
(B) The following persons or entities are not required to obtain a license:
(1) A civic, community, benevolent or charitable nonprofit organization that collects, transports and markets materials for resource recovery solely for the purpose of raising funds for a charitable, civic or benevolent activity;
(2) A person who transports solid waste or recyclable materials produced by such person;
(3) A property owner or agent thereof who transports solid waste or recyclable materials left by a tenant upon such owner's property, so long as such property owner does not provide solid waste collection service for compensation for tenants on a regular or continuing basis;
(4) A demolition or construction contractor or landscaper who produces and transports solid waste in the course of such occupation, where the solid waste produced is merely incidental to the particular demolition or construction work being performed by such person.
5-7-3: LICENSE APPLICATION: (247 1959 2017 2984)
(A) Any person desiring to obtain a license to engage in the business of solid waste or recycling materials collection shall make written application to the City Clerk on forms provided by the City. The application must be completed in its entirety.
(B) The application shall be reviewed by the City Manager who shall conduct such additional investigation as he deems necessary and shall approve, approve with conditions, or deny the license.
(C) In determining whether to grant or deny a license, the City Manager shall take into consideration:
(1) The character of the applicant or its officers or directors, especially any previous license violations or criminal convictions;
(2) Whether licenses granted by the City are adequate to meet the reasonable needs of the community;
(3) If the applicant has previously done business in the City, the number of complaints received from citizens concerning the applicant's operations; and
(4) The review and conclusion, if any, of the Environmental Advisory Board.
5-7-4: LICENSE ADMINISTRATION: (247 1959 2017 2984)
(A) Every license issued by the City shall indicate the business name and address, the mailing address, and the license fee paid by the licensee. The licensee is required to have a prominently displayed and
affixed decal issued by the City in accordance with and subject to the terms and conditions provided in this Chapter for the issuance of a license and such other rules and regulations concerning the display of such decals that the City Clerk may issue from time to time.
(B) Whenever a licensee wishes to add or change vehicles authorized to operate within the City, the licensee shall submit a written request for a license amendment to the City Clerk, together with identifying information for each new vehicle to be licensed and the fees required by this Chapter.
(C) Every licensee who changes his business address shall notify the City Clerk promptly in writing.
5-7-5: FEES: (247 1959 2017)
(A) Upon approval of a license application, but prior to issuance, the collector shall furnish to the City Clerk an annual non-refundable license fee of two hundred and fifty dollars ($250.00), plus the following license fees to be paid annually for each vehicle used by the collector within the City:
Solid waste collection vehicle $250.00
Recyclable materials collection vehicle $ 10.00
(B) The renewal fee shall be the same as the current fee for a new license and shall be payable at the time of filing the application for renewal.
(C) The fee to license a new vehicle pursuant to a license amendment shall be the same as specified in paragraph (A) above.
(D) All fees collected pursuant to this Chapter shall be applied to the cost of administering this Chapter.
5-7-6: TERM OF LICENSE AND RENEWAL: (247 1959 2017 2984)
(A) All licenses issued hereunder shall expire on December 31 after the date of issuance, unless cancelled, or revoked, and may be renewed upon submission of a completed application for renewal and payment of the required fee. The application shall include a current description of the business recycling program and any efforts the applicant has made to increase customer recycling. Licenses are not transferable.
(B) The renewal application shall be reviewed by the City Manager, who shall have the power to grant or deny such license renewal and to impose reasonable limitations and restrictions on any license renewed.
5-7-7: LICENSE DENIAL, CANCELLATION, SUSPENSION OR REVOCATION: (247 1959 2017 2574 2984)
(A) A license may be denied, cancelled, denied renewal, suspended or revoked for any violation of the provisions of this Chapter, for any reason set forth in Chapter 1 of this Title or on the grounds that the health, safety or welfare of the community may be endangered by the continued operation of the license.
(B) A license may be denied, cancelled, denied renewal, suspended or revoked by the City Manager. The licensee shall have the right to a hearing before the Special Permit and License Board, after notice. The notice shall set forth the reasons for the proposed action, in writing, and shall be given by personal delivery to the licensee or mailed to the address contained on the license, postage prepaid, or as provided in Chapter 1 of this Title. Said notice shall be given no less than ten (10) days prior to a hearing to be scheduled before the Special Permit and License Board.
(C) A license may be summarily suspended for no more than thirty (30) days by the City Manager when required for the immediate protection of the public health, safety and welfare. A hearing shall be scheduled as soon as may be reasonably possible.
(D) The Special Permit and License Board shall conduct a hearing on an appeal of the denial of a new license or the non-renewal, suspension or revocation of a license pursuant to Chapter 1 of Title V. The Special Permit and License Board shall deliver its decision in writing within thirty (30) days.
(E) Decisions of the Special Permit and License Board may be appealed to the City Council pursuant to Chapter 1 of this Title. The decision of the City Council shall be deemed final for purposes of judicial review.
5-7-8: RECYCLING REQUIREMENT: (247 1959 2017 2984)
(A) All collectors providing solid waste collection services to residential customers shall offer and provide curbside recycling collection services to all such customers who desire such services for such materials as are designated from time to time by the City Manager as provided in Section 5-7-9, W.M.C.
(B) Collection of recyclable materials shall be offered by a collector to multifamily and commercial customers.
(C) Collectors providing only large collection bin services to customers for short-term projects, such as roll-off dumpsters for construction and demolition activities, may but are not required to offer recycling services to these customers for this activity.
(D) All licensed collectors of recyclable materials and solid waste operating within the City shall have the following duties and rights:
(1) Except for materials that customers have not properly prepared for recycling, collectors may not dispose of recyclable materials set out by recycling customers by any means that may result in the materials not being recycled or being disposed of in an improper manner.
(2) The collector shall establish such policies and procedures as are necessary to provide for the orderly collection of recyclable materials, including requirements regarding the preparation of materials for collection, the collection of recyclable materials and requirements for source separation.
(3) In the event that a collector elects to perform collection of solid waste or recyclable materials through subcontractors or agents, such agency relationship shall not relieve the collector of responsibility for compliance with the provisions of this Code and the rules promulgated hereunder.
(4) All recyclable materials placed for collection shall be owned by and be the responsibility of the customer until the materials are collected by the collector. The material then shall become the property and the responsibility of the collector.
(E) FREQUENCY OF COLLECTION:
(1) Curbside recycling collection services shall be provided to residential customers on at least a once-monthly basis and on the same day as the day of collection of solid waste from the customer.
(2) Collectors providing collection services to multi-family or commercial customers shall provide services for the collection of recyclable materials from such customers who desire such service on such frequency as is necessary to prevent overflow of the recycling containers.
5-7-9: DESIGNATION OF RECYCLABLE MATERIALS: (247 1959 2017 2984)
(A) The City Manager shall periodically, after consultation with representatives of the licensed collectors operating within the City and the Environmental Advisory Board, determine which items shall be designated for recycling collection based upon the following criteria:
(1) Local, state and federal laws and regulations;
(2) Potential for waste stream reduction;
(3) Availability of markets;
(4) Market price;
(5) Community recycling concerns;
(6) Safety factors and risks of transportation; and
(7) Risks of commingling of liquid wastes.
The list of designated recyclables shall be kept on file for public inspection in the City Clerk’s office.
(B) If market factors or other circumstances arise during a calendar year that severely impact a collector's ability to comply with this Chapter, the collector may provide such information in writing to the City Manager with a request that a particular material be removed from the list of materials designated for recycling. The collector requesting the change shall continue to collect the recyclable materials designated by the City Manager until the City Manager notifies all licensed collectors that a particular item has been removed from the list of designated recyclable materials. A collector may offer collection of recyclable materials not designated by the City Manager at any time, upon written notice to the City Manager and the City Clerk.
(C) All collectors shall be responsible for notifying their customers of the items designated for recycling.
(D) The City Manager is authorized to promulgate such rules and regulations as are necessary to effectuate the implementation and enforcement of this Chapter.
5-7-10: DESIGNATED COLLECTION DAYS: (247 1959 2017 2984)
(A) No collector shall operate in a residential area except on the days of the week designated by the City Manager for each area of the City.
(B) The City Manager may provide for exceptions, based on holidays, severe weather, or inadvertently missed customers.
5-7-11: COLLECTION VEHICLES: (247 1959 2017)
(A) The licensee shall display its name on both sides of every vehicle operated in the conduct of its business in permanent, plain and legible figures and letters not less than three inches (3”) in height and in a color contrasting to that of the body of such vehicle, which shall be kept in such condition as to permit the same to be easily read at a distance of at least sixty feet (60').
5-7-12: RECORDS AND REPORTS: (247 1959 2017 2984)
(A) Each collector licensed pursuant to this Chapter shall submit to the City Clerk as a part of the license application a written plan describing how the recycling collection services will be provided, including the prices, the manner of separation and collection, and the frequency of collection. Any changes to the plan shall be submitted to the City Clerk prior to implementation of the change. This information may be disseminated by the City for public information purposes. A collector may request in writing that sections of their plan be held in confidence as a trade secret or confidential commercial information. Such requests shall be honored by the City to the extent authorized by the Colorado Open Records Act, as determined by the City in its sole discretion.
(B) All collectors shall report to the City by March 31st of each year an annual recycling report for the previous year on forms to be provided by the City. A collector may request in writing that sections of the report be held in confidence as a trade secret or confidential commercial information. Such requests shall be honored by the City to the extent authorized by the Colorado Open Records Act, as determined by the City in its sole discretion.
(C) The Environmental Advisory Board shall review a business’ annual recycling report for compliance with the recycling requirements of this Chapter. The review and any recommendations of the Board shall be submitted to the City Manager, who may consider the recommendations when deciding to approve or deny license applications, renewal, suspension or revocation pursuant to this Chapter.
5-7-13: DISPOSAL OF SOLID WASTE: (247 1959 2017 2984)
(A) All persons holding licenses pursuant to this Chapter and engaged in the business of the collection of solid waste shall dispose of all such solid waste at any disposal site that is approved by the State. No solid waste shall be disposed of at any other location, either inside or outside of the City.
(B) No person, other than the customer or the collector of recyclable materials, shall take physical possession of any recyclable materials placed for collection. A separate offense shall be deemed committed at each address from which recyclable materials are taken in violation of this paragraph.
(C) No person shall operate any vehicle in such a manner as to deposit on, or litter, any public way with solid waste.
(D) All persons holding licenses pursuant to this Chapter are required to pick up solid waste properly prepared for disposal by the customer pursuant to any agreement between the collector and the customer.