AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REPEALING AND REENACTING TITLE 6, HEALTH AND SAFETY, SECTION 6.16 (COMMERCIAL WASTE HAULERS) OF THE PITKIN COUNTY CODE

ORDINANCE NO. -2018

RECITALS:

1. Pursuant to 30-35-301 C.R.S., the Board of County Commissioners of Pitkin County, Colorado (“BOCC”), a home rule county, is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary.

2. Pursuant to Section 2.8.1 of the Home Rule Charter (“HRC”), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended.

3. In February of 1991 the Board of County Commissioners published Ordinance 91-1 and promulgated regulation under the Pitkin County Code Title 6 Health and Safety, Chapter 16 Commercial Waste Haulers to establish minimum standards for the collection of Solid Waste in Pitkin County.

4. Collection services and pricing structures that incentivize the separation of Recoverable Materials from the waste stream in Pitkin County are necessary to maximize the useful life of the Pitkin County Landfill and to reduce the consumption of non-renewable resources, and thereby protect the public health and welfare.

5. Residential and commercial generators of Solid Waste need to separate Recoverable Materials to allow effective collection in a safe and efficient manner.

6. Solid Waste Haulers operating within unincorporated Pitkin County must be registered to protect the health and welfare of the public and landfill employees in the following aspects:

a. Solid Waste haulers within Pitkin County, through their collection and hauling activities constitute a component of the traffic upon County Roads and State Highway 82 within this County, contributing to the deteriorating air quality in the Roaring Fork Valley, overcrowding and unsafe road conditions.

b. County control of all aspects of landfill operations and facilitation of landfill diversion practices to extend the landfill’s useful life and protect the public health and welfare requires the ability to direct and control Solid Waste haulers operating within the County to promote separation of Recoverable Materials from Trash.

7. Unregulated dumping and accumulation of Solid Waste on public and private lands within Pitkin County is unsightly and constitutes a present danger to the public health and welfare.

8. CRS 30-15-401 provides the Pitkin County Board of Commissioners with the authority to regulate Solid Waste haulers and adopt other requirements necessary to promote the public health and welfare.

9. The BOCC finds that adoption of this Ordinance is in the best interest of the citizens of Pitkin County.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance Repealing and Reenacting Title 6, Health and Safety, Section 6.16 (Commercial Waste Haulers) of the Pitkin County Code and authorizes the Chair or the Chair’s designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter.

INTRODUCED AND FIRST READ ON THE DAY OF , 2018 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE DAY OF 2018.

NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2018.

NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED

ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE DAY OF 2018.

ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE OF 2018.

DAY

PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF , 2018.

POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY

WEBSITE (www.pitkincounty.com ) ON THE DAY OF , 2018.

ATTEST: BOARD OF COUNTY COMMISSIONERS

By By: _

Jeanette Jones Patti Clapper, Chair Deputy County Clerk

Date:

APPROVED AS TO FORM: MANAGER APPROVAL

John Ely, County Attorney Jon Peacock, County Manager