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HomeMy WebLinkAbout2014-06 Enacting Title 5, Chapter 12, "Recycling Requirements", Establishing Regulations Regarding Recycling of Discarded Materials and Services ProvidedORDINANCE NO.6 SERIES 2014 AN ORDINANCE ENACTING TITLE 5, CHAPTER 12, VAIL TOWN CODE, "RECYCLING REQUIREMENTS ", ESTABLISHING REGULATIONS REGARDING RECYCLING OF DISCARDED MATERIALS BY SOLID WASTE GENERATORS, AND SERVICES PROVIDED BY SOLID WASTE SERVICES COMPANIES OPERATING IN THE TOWN OF VAIL AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town ") is a home rule town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter "); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, Article 5 of the Charter sets forth the procedures for amending the Vail Town Code; WHEREAS, the Town of Vail is committed to environmental protection and stewardship; WHEREAS, through the adoption of the Environmental Sustainability Strategic Plan, the Town of Vail has established a goal of reducing the waste going to the landfill by 25 percent by 2019. Increased participation in recycling programs and maximizing capture rate of recyclables through existing and future programs are necessary to meet and exceed this recycling goal; WHEREAS, the current waste diversion rate in Eagle County is between 17 and 19 percent, and the diversion rate in the Town of Vail is approximately 10 percent in the residential sector and 19 percent in the business sector, below the national average waste diversion rate of 34.5 percent; WHEREAS, The Colorado Department of Public Health and Environment estimates that each person generates approximately 1,642 pounds of waste per year and a large portion of the disposed materials could be reused, recycled or put to other beneficial use, resulting in significant resource, energy, and economic savings; WHEREAS, as the Eagle County landfill reaches permitted capacity, it is becoming more difficult and expensive to site, permit and develop new landfill capacity; WHEREAS, through the adoption of the Environmental Sustainability Strategic Plan, the Town of Vail has also established a goal of reducing community greenhouse gas emissions by 20 percent by 2020, and diverting waste from the landfill is one of the most cost effective and efficient ways of reducing greenhouse gas emissions resulting from landfills and new resource processing; WHEREAS, the Town of Vail is committed to providing technical assistance and support for recycling planning for community businesses, residents and guests in order to achieve adopted waste diversion goals; and WHEREAS, Ordinance No. 6, Series 2014, shall be known as "The Community - Wide Recycling Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. TITLE 5, CHAPTER 12, is hereby enacted as follows: 5 -12 -1: PURPOSE: The purpose of this Chapter is to establish policy and infrastructure to support recycling by all residential, multi- family and commercial customers and haulers in the Town of Vail in order to reduce the town's impact on the environment by decreasing waste deposited in the landfill, energy consumed and carbon emissions, and ensure ongoing waste diversion education in the community. 5 -12 -2: APPLICABILITY. All residential, multi - family and commercial customers that contract for solid waste and or recycling services shall comply with the provisions of this Chapter. 5 -12 -3: DEFINITIONS: For the purposes of this Chapter, the following definitions shall apply. Base Unit of Refuse: The smallest increment of volume of refuse or solid waste collection which is no larger than 32 gallons of capacity. Commercial Customer. Any commercial, industrial, or institutional business or enterprise including, without limitation, retail shops and establishments, eating or drinking establishments, healthcare facilities, child daycare centers, public and private schools, professional and business offices, religious institutions, and public buildings and facilities. Discarded Materials: All putrescible and non — putrescible solid waste discarded from any residential, multi - family or commercial source including recyclable material. The term discarded materials shall exclude discarded or abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and recyclable material that have been source separated for collection. Hauler. A registered person or company in the business of collecting, transporting or disposing of discarded materials for a fee, or for no fee except as described in Subsection B. of 5 -12 -4. Multi- Family Customer. Any residential property that employs a communal system for solid waste and or recyclable materials collection. Non - Attractant: Any substance which does not attract wildlife. Substances that are considered to attract wildlife include food products, pet food, feed, compost, grain or salt or materials which formerly contained such items. Office paper or cardboard that did not previously contain food are considered non - attractants. Recycling: The process of separating recyclable materials from refuse and placement for collection by a hauler for the purpose of such materials being re -used or reprocessed into new or different materials. Residential Customer. Any residential property that does not employ a dumpster or communal service for solid waste and or recyclable materials collection. Recyclable Materials: Materials from any commercial, multi- family, or residential source to be collected separately for the purpose of such materials being repurposed or reprocessed into new or different materials. Recycling Facility: A licensed Materials Recovery Facility (MRF) (e.g. the Eagle County MRF) that accepts and sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new or different materials. Refuse: As defined in 5 -9 -2, Vail Town Code. Refuse shall not include recyclable material. Solid Waste: All putrescible (i.e. containing organic matter) and non - putrescible waste or refuse, excluding discarded or abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and recyclable material that have been source separated for collection. Source Separation: The process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling. 5 -12 -4: HAULER REGISTRATION REQUIREMENT. It shall be unlawful for any person or company to operate or conduct business as a hauler of residential, multi- family, or commercial solid waste or recyclable material without first obtaining a municipal solid waste hauler registration as set forth in this Section. A. Applicability: 5 -12 -4 applies to any hauler of solid waste or recyclable material operating in the Town of Vail. B. Exceptions: The following persons or entities are not required to obtain a municipal solid waste hauler registration: 1. Any person or their designee who transports to the landfill only the refuse that person generates. 2. A civic, community, benevolent or charitable nonprofit organization collecting, transporting and marketing recyclables solely for the purpose of raising funds for a civic, community, benevolent, or charitable event. 3. A property owner or agent thereof who transports discarded materials left by a tenant upon such owner's property, so long as such property owner is not provided compensation for the waste hauling services from tenants on a regular basis. 4. Demolition or construction contractors or landscaping companies that produce and transport discarded material produced incidentally to the demolition, construction, or landscaping work. 5. Any person who transports only liquid waste (e.g. restaurant grease or portable toilet waste). 6. The Town of Vail municipal organization and employees thereof, who transport solid waste, recyclable materials and compostable materials generated by the municipal organization, public containers, or special events 7. Special event producers, who transport solid waste and recyclable materials for permitted events. 8. Companies that provide special event collection services (e.g. electronic waste collection, on -site paper shredding). 9. Companies contracted by registered solid waste haulers. C. Registration Process: The Town of Vail Community Development Department shall set forth the standards for the implementation of the municipal solid waste hauler registration process including the amount of the registration fees, the designation of recyclable materials, and the schedule for collecting registration fees. 1. Proof of Insurance: Upon request, registered haulers shall provide proof of general comprehensive liability/ automobile insurance protecting the hauler from all claims for damage to property or for bodily injury, including death, which may arise from operations under or in connection with this registration and providing limits of coverage of not less than five hundred thousand dollars ($500, 000) for bodily injury and property damage per occurrence or in aggregate. 5 -12 -5: MUNICIPAL SOLID WASTE HAULER REQUIREMENTS A. Bi- Annual Reporting Required: All registered haulers (the "registrant') shall submit twice yearly reports to the Community Development Department on the weight (in tons) of solid waste and recyclable materials collected within the Vail town limits. For loads that contain solid waste or recyclable materials originating in part from within the town limits and in part from outside the town limits the reported quantity may be estimated by the registered hauler but shall use a format approved by the Community Development Department which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. B. Submittal Required: Bi- annual reports shall be submitted on May 1 and October 1, or on the next business day, using a format approved by the Community -..- - Development Department. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. C. Recyclable Material Designation: Haulers may not dispose of recyclable materials set out by customers by any means other than delivering it to a MRF that sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new materials, except for materials that customers have not properly prepared for recycling and as a result are contaminated 25 percent or more with non - recyclable refuse. D. Notice: Haulers of residential, multi - family, or commercial solid waste shall give each of its customers written notice of all available service options and corresponding variable rates ranges upon commencement of service. Written notice of the full range of services including variable rate service, container sizes, and the recycling service options including the materials that must be recycled shall be provided to all new customers upon commencing service and all haulers shall provide notice at least annually to customers on the full range of services, container sizes, variable rate ranges for each level of service and recycling options including the materials that may be recycled. On or before January 31St each year the hauler shall deliver to the Community Development Department a true and correct copy of the notices sent to each customer type. E. Residential Embedded Rates: On residential customer waste bills, haulers shall combine charges for solid waste and recyclable material collection service and shall not itemize them separately. F. Residential Volume Based Rates: Haulers shall offer each of its customers the option to subscribe to different levels of service with different capacities of solid waste containers, such as 32, 64 and 96 gallon containers/carts, and shall charge their customers based on this volume of service. For residential source customers, the base unit of solid waste service shall be no larger than the approximate capacity equivalent of a 32 gallon container or cart. If a customer does not select a level of service, the provider shall establish a default minimum level of service that is not larger than 2 units of service or a single 64 gallon container or cart. 1. Variable Rates: Haulers shall charge variable rates for the corresponding level of service or units of solid waste collection for residential customers. a. Haulers shall structure the increments of their variable rate at a multiple of the base unit of solid waste collection which is no larger than 32 gallons. The second largest increment of solid waste collection shall be no larger than two times the capacity of the base unit or no larger than 64 gallons, and the third largest increment of solid waste collection shall be no larger than two times the capacity of the second largest increment of solid waste collection. Such rate increments shall be equal to 80% or more of the charges for the base unit of collection (e. g., if $10.00 is applied to a 32 gallon container, a minimum of $18.00 shall be applied to a 64 gallon container, and a minimum of $32.40 shall be applied to a 96 gallon container). b. The provisions of this subsection shall not be construed to prohibit any hauler from establishing rules and regulations regarding the safe maximum weight of containers of solid waste and recyclable material containers. c. Nothing in this section shall be construed as prohibiting any hauler from providing separate pricing for special collection of bulky items, yard waste, contaminated recyclables, unscheduled pick -up or extra volumes of solid waste or recyclable material, or more than what was subscribed for with the hauler. G. Commercial Embedded Rates: On commercial customer account bills, every hauler shall combine charges for solid waste and recyclable material collection service and shall not itemize them separately. Haulers shall provide sufficient recyclable material capacity and frequency service to prevent an overflow of material. H. Auditing: A representative of the Town of Vail may audit a registered hauler's subscription, billing and other relevant records to determine whether or not the provider has complied with the provisions of 5 -12 -4 at the provider's office located nearest to the Town of Vail during hours that the office is open for business, on at least five day's written notice. 1. Frequency of Residential Recycling Service: Haulers shall offer each of their residential customers' curbside recyclables collection service at the same frequency of all other refuse collection, no smaller than 64 gallons capacity of the designated recyclable materials. All containers are subject to the provisions of Section 5 -9, Vail Town Code, wherein all attractants shall be stored in wildlife resistant, locked containers. Non - attractants are not required to be stored in wildlife resistant, locked containers provided they are not mixed with attractants. J. Containers and Labeling: Recycling containers shall be clearly distinguishable from solid waste containers. Haulers shall provide labels or label all solid waste and recycling containers indicating which materials are accepted in each container. The labels shall include pictures and words of the acceptable materials and be in both English and Spanish. 5 -12 -6: DESIGNATED RECYCLABLES LIST A. Designated Recyclables (Collection): The recyclable materials that haulers are required to pick up shall be set forth in the Town's Recyclable Materials List which shall be prepared and may be amended as conditions change. The Recyclable Materials List shall be available for review on the Town's website. B. Designated Recyclables (Generators): The recyclable materials that generators are required to source separate from their solid waste shall be set forth in the Town's Recyclable Material List which shall be prepared and amended as conditions change. The Recyclable Materials List shall be available for review on the Town's website. 5 -12 -7: RECYCLING REQUIREMENTS A. Placement of Recyclable Materials and Solid Waste for Pick Up: 1. All recyclable materials accumulated on any premises shall be placed in a container or containers separate from solid waste. 2. Recyclable materials shall not be placed in solid waste containers. 3. No refuse, solid waste, or compost shall be placed in any recycling container. 4. Nothing in this section is intended to prevent any person from donating or selling recyclable materials generated on their premises. B. Requirement for Recycling Service: 1. All recyclable material shall be source separated, stored, and presented for collection by a registered municipal solid waste hauler. 2. It shall be the duty of any owner or occupant of any premises to ensure that containers designated for collection or disposal as solid waste do not contain recyclable materials when such containers are offered for solid waste collection. 3. It shall be the duty of any owner or occupant of any premises to ensure that they contract for recycling service or otherwise provide service for the delivery of recycling material to a MRF. The service shall be of an adequate level to prevent the designated recyclable material containers from overflowing on a regular basis. 4. All recycling container(s) shall be wildlife resistant, and handled in accordance with Title 5, Chapter 9, Vail Town Code, employing a latching mechanism on the access door sufficient to defeat attempts by wildlife to enter. This provision does not apply to recycling containers greater than 20 cubic yards of capacity. 5. Any owner or occupant of a commercial establishment with solid waste disposal containers available for customers or guests shall make available a container for recyclable materials that is of similar size and located in an equally convenient location. 5 -12 -8: VIOLATIONS AND ENFORCEMENT Violation of provisions of this Chapter shall be subject to fines, penalty assessments or penalties according to Section 1 -4 -1, Vail Town Code, in the same manner as violations for depositing, throwing or leaving any refuse on any public or private property or on any water or watercourse (Section 5 -2 -8). A. Violations (Hauler): It shall be unlawful for haulers to: 1. Fail or refuse to follow the requirements for registration of this chapter or; 2. Aid or abet another in any attempt to evade any requirements imposed by this chapter. B. Violations (Generator): It shall be unlawful for any owner or occupant of any residential, multi - family, or commercial premises to: 1. Fail or refuse to follow the requirements imposed by this chapter 2. Aid or abet another in any attempt to evade any requirements imposed by this chapter. C. Enforcement. Town of Vail police and code enforcement officers shall have the authority to issue a warning notice, a penalty assessment or a summons and complaint to any person in violation of this chapter. D. Penalty Assessment. A resident or owner /occupant of a commercial establishment shall be deemed to have been issued an appropriate penalty assessment notice if it is personally served upon the resident or owner /occupant, placed in the U.S. mail, postage prepaid and addressed to the resident or owner /occupant according to the last known address given by the resident or owner /occupant to any Town of Vail or Eagle County govemment department. If the identity of the resident is not known, the entity responsible for contracting and or payment of solid waste and or recyclable materials collection services for the subject location will be held responsible for complying with this chapter and for any penalties assessed pursuant to the same. E. Exemption: Unless otherwise exempted all customers shall comply with the provisions of this Chapter. Upon application to the Town of Vail and demonstration of an inability to comply with this Chapter, the Planning and Environmental Commission may grant an exemption for a period of time not to exceed 24 months with which to comply with the provisions of this Chapter. Prior to granting an exemption to the provisions of this Chapter, the Planning and Environmental Commission shall find that the request is warranted for at least one of the following reasons: 1. Costs considerations including but not limited to: unreasonable hauling costs, or unreasonable renovation and or unreasonable retrofitting expense. 2. Physical limitations including but not limited to: size, shape or dimensions of a site or structure, or location of an existing structure thereon, topographic or physical conditions on the site in the immediate vicinity. 3. Operational considerations including but not limited to: hours of operation, staffing, proximity to recycling facilities, implementation schedule. 4. Conflicts with adopted regulations including but not limited to: land use regulations, building1fire code regulations. Section 7. Effective Date: Ordinance 6, Series 2014, shall be in effect as of July 1, 2014. Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 9. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 10. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. -• INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this 18th day of February, 2014 and a public hearing for second reading of this Ordinance set for the 4th day of March, 2014, in the Council Chambers of the Vail Municipal Building, Vail Colorado. ndrew P. Dal ATTEST: Tammy ,-Acting Jerk INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND AND FINAL READING this 18th day of March, 2014, in the Council Chambers of the Vail Municipal Buildin ai Colorado. ndrew P. Daly, ayo ATTEST: ,- <27��� , A Tammy &gel, cting Taw2 rk