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PITKIN COUNTY, COLORADO WASTE AND RECYCLING REGULATION MANAGER’S RULES

APPENDIX 1 TO TITLE 6.16

These Manager’s Rules direct the implementation of the Pitkin County Waste and Recycling regulation promulgated as Pitkin County Code (Code) on , 2018. Definitions and requirements are detailed in said Code.

1. Recoverable Materials Designated for Separation from Trash and Collection

Recoverable Materials in unincorporated Pitkin County include a wide range of residential, commercial and construction materials that are reused, reclaimed, recycled, remanufactured, mulched, composted or otherwise diverted from Trash.

a. At a minimum, the Recyclables shall be separated from Trash and placed for collection by Residential Customers, Group Accounts, Commercial Customers and Centralized Collection Facilities. The inclusion of additional recoverable materials that can be added at any time in the future are strongly encouraged:

• Corrugated cardboard

• Brown paper bags

• Office paper

• Newspaper

• Magazines

• Paperboard (cereal/beer boxes)

• Phonebooks and paperback books

• Plastic containers

• Aluminum

• Metal/steel/tin cans

• Glass bottles and jars

b. It is the preference of Pitkin County to divert from landfilling as many Recyclables as is feasible and sustainable over the long-term.

c. The collection of Recyclables as a single stream (i.e., all Recyclables placed for collection in a single Container) is strongly encouraged.

d. The County Manager or designee, in the future may designate a minimum list of Organic materials that shall also be separated from Trash by Residential Customers, Group Accounts, Commercial Customers and at Centralized Collection Facilities. If so designated, those materials shall be placed in appropriate Containers that are compliant with Pitkin County Code 6.44 Wildlife Protection, collected by a Registered Hauler and managed at a Qualified Facility in a similar fashion as required for Recyclables. Requirements may include the provision of Organics recovery in Commercial Customer kitchen, meal preparation and employee areas as well as bathrooms that use paper towels.

e. Nothing in the Code shall prohibit Residential Customers, Group Accounts or Commercial Customers from separating additional Recyclables or Organics from Trash provided these materials are contained, collected and managed at a Qualified Facility in compliance with Code requirements.

2. Consistency in Trash, Recyclables and Organics Collection

The placement for collection of Recyclables and Organics in the same location that Trash is placed is strongly recommended. The collection of Trash, Recyclables and Organics on the same day is also recommended.

3. Registered Hauler Requirements

a. Registration submittals shall include a completed quantity reporting form that will be provided by the County. The form will include standard factors for converting volumes to weights and a formula for estimating the quantity of materials in mixed loads.

b. Pitkin County will provide direction, tools or materials for each vehicle identified by a Registered Hauler that identifies that vehicle as covered by a current registration.

c. A process will be provided for Registered Haulers’ appeal of a denied application for licensure or renewal that includes:

• A written request for appeal submitted to the County Manager or designee within ten (10) business days of notification of a registration application denial

• Appeals will be heard by the County Manager or designee which will be scheduled within thirty

(30) days of the appeal filing - the County Manager or designee may elect to hold any hearing before the Board of Commissioners

  • Hearings will be de novo and interested parties shall be entitled to appear and present such evidence as they deem appropriate, and/or be represented by counsel

• Upon the hearing conclusion the County Manager and/or Board of County Commissioners may uphold or reject the registration application denial

d. Trash Overloading – The determination of Trash overloading shall be made on an individual collection date basis by the Registered Hauler. There shall be no “averaging” of collected volumes to allow for overloading on one collection date to offset a low volume at another time.

e. Recyclables Contamination – The determination of Recyclables contamination of 25% or more by volume shall be made on an individual collection date basis by the Registered Hauler using their best judgement:

  • Any customer with at least 25% contamination in Recyclables placed for collection shall be notified by phone, electronic mail or hard copy delivery to the customer account address with wording provided by Pitkin County

  • The County Solid Waste Department shall be notified by phone or electronic mail if Recyclables with at least 25% contamination are placed for collection at the same customer address more than once in the period of one (1) calendar month

f. Guidance for Determining Minimum Recyclables Collection Service for Residential Customers and Group Account residents with Extended Collection Service, Commercial Customers and Centralized Collection Facilities - Recyclables Containers shall be at least one-half (1/2) the volume of Trash Service based on the Trash Container size and collection frequency (or one-quarter (1/4) of Trash compactor charge box volume). Calculation examples:

Example #1

 Existing Trash service one 4-CY Trash Container collected once/week

 Minimum Recyclable service 4 CY x ½ = 2 CY collected/week (or equivalent)

Example #2

 Existing Trash service compactor with 10-CY box collected once/week

 Minimum Recyclable service 10 CY x ½ = 2.5 CY collected/week (or equivalent)

Example #3

 Existing Trash Service two 6-CY Trash Containers each collected twice/week

 Minimum Recyclable service (2 Containers x 6 CY x 2 collections/week) x ½ = 12 CY collected/week (or equivalent)

g. Guidance for Establishing Volume-Based Service Rates – Trash and Recyclables rates for Residential Customers and Group Account residents who do not receive Extended Collection Service shall be established to create an incentive for waste diversion. Calculation examples may vary depending on who provides Containers, whether wildlife Containers are used and other variables:

Example

 Small Trash Container Plus Recycling

pricing established by Registered Hauler = $30/household-month

 Medium Trash Container (or equivalent) Plus Recycling

pricing established by Registered Hauler = $60/household-month

 Large Trash Container (or equivalent) Plus Recycling

pricing established by Registered Hauler = $90/household-month

 Extra Large Trash Container (or equivalent) Plus Recycling

pricing established by Registered Hauler = varies

h. Guidance for Establishing Volume-Based Service Rates with a Flat Monthly Fee – Registered Haulers may choose to assess a flat monthly fee in addition to Volume-Based Service Rates for Residential Customers and Group Account residents who do not receive Extended Collection Service. Calculation examples may vary depending on who provide Containers, whether wildlife Containers are used and other variables:

Example

 Small Trash Container Plus Recycling – hauler pricing $20/household-month flat fee (up to 50% of small container price) = $10/household-month

total cost = $30/household-month

 Medium Trash Container Plus Recycling – hauler pricing $40/household-month flat fee (up to 50% of small container price) = $10/household-month

total cost = $50/household-month

 Large Trash Container Plus Recycling – hauler pricing $60/household-month flat fee (up to 50% of small container price) = $10/household-month

total cost = $70/household-month

Extra Large Trash Container Plus Recycling – hauler pricing varies

4. Residential Customer and Commercial Customer Description & Requirements

a. Description of customer types:

Customer Type Description

Residential Individual or individual residential property with a discrete Trash Container(s) and curbside collection service provided under a subscription or contract for that property

Group Account Individual residents or commercial enterprises with individual Trash Containers for each residence or enterprise and curbside collection provided under a subscription or contract that collectively serves multiple residents and/or enterprises

Commercial Multiple residential units that share a Trash Container(s) and commercial, institutional and industrial enterprises

Centralized Collection Facility Any facility that provides collection service to multiple customers at a central location using shared Containers

b. Individual residents and commercial enterprises in a Group Account should be encouraged to subscribe to their own Trash, Recyclables and/or Organics collection service if they choose to do so.

c. It shall be unlawful for the owner or occupant of any premises to place Solid Waste at or near the street or alley adjacent to the premises except during the hours of 6:00 am and 7:00 pm.

d. The ultimate goal is for Commercial Customers in Pitkin County to have Recyclables Containers that are as large or larger than Trash Containers.

5. Exemption Process

Residential Customers, Group Accounts and Commercial Customers may apply for and be granted an exemption from the recycling requirements established by the Code. The process shall include:

a. Short-term exemptions (up to twelve months), long-term exemptions (up to five years) or modifications to the recycling requirements may be issued upon the submittal of an exemption application and subsequent approval by the County Manager or designee.

b. A written application shall be submitted to the County Manager or designee by the customer or their Registered Hauler – the application shall provide all relevant details pertaining to the exemption request including but not limited to;
Name, location and contact information of the customer and property owner (if different)

• Current Solid Waste collection service details including number, volume capacity, collection frequency and Registered Hauler for each Trash, Recyclables and Organics Container

• Requested exemption, rationale and supporting data – which may include dimensions, photographs, material quantities, waste audit results, locations where the Registered Hauler cannon reasonably provide year-round Recyclables collection service, disposal and Qualified Facilities used by self-haulers, regulations that could be violated, cost justification (such as lien, receivership, foreclosure, tax record or service cost estimate information) and/or other data needed to substantiate the exemption request and shall verify that full payment of any outstanding fines against the customer/waiver applicant has been made (if applicable)

• Following a review of submitted data and any follow-up required for verification (including site visits for customers requesting an exemption on the basis of extreme space constraints), the County Manager or designee may approve with or without modification or may deny the exemption request – exemption modifications may include partial exemptions such as allowing smaller Recyclable Containers, less frequent collection, sharing Recyclable Containers or other options that balance customer needs against the intent of the ordinance or regulations promulgated hereunder

• An appeal process for denied exemption requests will be as described under Registration Hauler Requirements (above)

• Exemptions may be renewed up to one (1) additional year if a renewal form provided by the County is submitted no less than thirty (30) days before the exemption expiration period – renewal applications will be expected to include workable solutions to resume Recyclables collection service (such as shared Recyclable Containers, centralized collections or other) wherever possible

6. Violations and Penalties

a. Mixing Recoverable Materials that have been collected separately with other Solid Waste or Illegal Dumping, Blowing Litter and Accumulation – Violations for discarding Recoverable Materials and for dumping, deposition, blowing or accumulation of Solid Waste on public or private property may result in notification of the Residential Customer, Group Account or Commercial Customer posted in a prominent location on the parcel or property in question and mailed to the owner at the last known address for that person from the records of the County Treasurer. Any Registered Hauler responsible for the same from a Container or collection vehicle shall be similarly notified.

• The notice of violation shall inform the violator that they are entitled to a hearing before the County Manager or designee and/or Board of County Commissioners to appeal the violation – and that the hearing will be scheduled prior to any material removal by the County if the owner requests said hearing within (10) days of notice posting date

• Upon the expiration of ten (10) days from the date of notice posting, if the violator has not requested a hearing or a finding by County Manager or designee after a hearing that discarded materials on the owner’s property is in violation of the Code, the materials may be removed by the County after a warrant from the district or county court has been obtained

• Upon material removal, the violator will be invoiced for the entire cost of removal with a minimum of one hundred fifty dollars ($150) plus twenty-five percent (25%) of the cost of removal for inspection and incidental costs – the total costs will be assessed against the property and submitted to the property owner for payment with a lien against the property until paid having priority over all other liens. Any Registered Hauler in violation of this Section 6 will be similarly assessed.

• Upon identifying an illegal dumping or blowing litter condition on any public or private property within unincorporated Pitkin County, any employee of the Pitkin Environmental Health Department or its designee may issue a citation to the person or entity responsible for the dumping or the owner of the property on which such materials have accumulated

7. County Information
The County will provide to Registered Haulers for their use in notifying and educating their customers and the public:

• A form for reporting annual Trash and Recoverable Materials that were collected

• Wording for Registered Haulers’ use in notifying customers of regulatory changes during initial implementation

• Guidelines for increasing public awareness and improve safe and effective separation of Trash and Recyclables

• Wording for Registered Hauler use as statements on customer bills related to the requirement for waste diversion and for notices of Recyclables contamination greater than 25%

• Guidance for Commercial Customers’ use in in employee training

• Nothing shall preclude Registered Haulers from developing and providing additional educational and guidance materials regarding Solid Waste separation and placement for collection for their customers

8. Compliance Schedule

a. All Registered Haulers shall obtain an operating registration by April 1, 2019 - all Registered Haulers registrations shall expire on March 31 of each year, beginning with the period ending March 31, 2020.

b. All applications and accompanying documentation for a new or renewed registration shall be submitted to the County Solid Waste Manager by January 31 each year, beginning with January 31, 2019

c. Registered Haulers shall notify all customers of service and pricing options and/or changes no later than May 1, 2019, within thirty (30) days prior to any rate change or prior to any customers deadline for notifying Registered Haulers of their intent to change or cancel service, and by December 31 of every year beginning December 31, 2019. The County will provide notification language related to regulatory changes for use by all Registered Haulers.

d. Service for Residential Customers and Group Accounts without Extended Collection Service shall begin no later than July 1st, 2019.

e. Compliance by Registered Haulers, Residential Customers and Group Account residents with Extended Collection Service, Commercial Customers and Centralized Facilities with the requirement for Recyclables service equal to one-half (1/2) of Trash service volume capacity shall be effective on January 1, 2020.

f. Commercial Customer compliance with the requirement to provide recycling directly to employees and guests in common areas shall be effective on April 1, 2020.

g. Complete applications for exemptions that have been submitted during the previous six months will be reviewed on July 1st and January 1st each year.

9. Adoption of Rules and Regulations
The Pitkin County Manager or designee is authorized to adopt rules, regulations and standards necessary to implement the Code. Any regulation or change to the regulation shall be subject to approval of the Board of County Commissioners and shall be made subject to a public notification, appeal and approval process:

a. All proposed regulations or standards shall be published in writing and a public notice will be mailed to all Registered Haulers and published in a newspaper of general circulation providing;

• A description of the proposed regulations or standards

• Where a copy of the regulations or standards may be obtained

• Notice that interested parties shall have fifteen (15) days from the date of publication to submit written comments to the County Manager or designee

b. Upon the expiration of fifteen (15) days following the publication of notice, the County Manager or designee may adopt final regulations or standards as originally proposed or modified in accordance with written comments received from interested parties.

c. Final regulations or standards will be mailed to all Registered Haulers and to any interested party who submitted comments and will include a brief statement of the right for appeal (described under Registered Hauler requirements above).

10. Changes to the Manager’s Rules
These Manager’s Rules will be reviewed annually by the County Manager and/or designee. Any updates or modifications will be published as described in Section 9 above.