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HomeMy WebLinkAbout08965 ORDINANCE NO. 8965 AN ORDINANCE AMENDING CHAPTER 12 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO SOLID WASTE DISPOSAL SITES AND FACILITIES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 4-12-2 of Chapter 12 of Title IV of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 4-12-2. Certificate of designation required; exemption. (a) It shall be unlawful and a municipal offense for any person to operate a solid waste disposal site and facility within the City without having first obtained a certificate of designation from the City Council. (b) The certificate of designation requirements shall be in addition to all other approvals, permits and licenses which may otherwise be required under state law and City ordinances. (c) A certificate of designation shall not be required for disposal of nonhazardous solid waste generated on site pursuant to the exemption set forth in Section 30-20-102(3), C.R.S., provided that such disposal is in compliance with Colorado Department of Public Health and Environment solid waste regulations, and further provided that all other approvals, permits and licenses which may be required under state law and City ordinance have first been obtained. (d) A certificate of designation shall not be required for any site and facility operated for the purpose of recycling, processing or reclaiming recyclable materials pursuant to the exemption set forth in Section 30-20-102(5), C.R.S. provided that such site and facility is in compliance with Colorado Department of Public Health and Environment solid waste regulations, including but not limited to, 6 CCR 1007-2:1-8:1.1 et seq., and further provided that all other approvals, permits and licenses which may be required under state law and City ordinances have been first obtained. “Recyclable materials” means any type of discarded waste material that is not regulated under Section 25-8-205(1)(e), C.R.S., or considered hazardous waste under Section 25-15-101(6)(a), C.R.S., and can be reused, remanufactured, reclaimed, or recycled, or scrap that is composed of worn out metal or metal product that has outlived its original use, commonly referred to as obsolete scrap. SECTION 2. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the Pueblo Municipal Code, as hereby amended, to effectuate the policies and procedures described therein. SECTION 3. This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED: January 11, 2016 BY: Ed Brown PASSED AND APPROVED: January 25, 2016 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 11, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE AMENDING CHAPTER 12 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO THE SOLID WASTE DISPOSAL SITES AND FACILITIES SUMMARY: Attached is an Ordinance which exempts recycling facilities from the requirement of obtaining a certificate of designation, which is a customary prerequisite for solid waste facilities. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Environmental Policy Advisory Committee (“EPAC”) of the Pueblo Area Council of Governments (“PACOG”) has requested that City Council amend the Pueblo Municipal Code to encourage local trash haulers and other businesses to open recycling centers within City limits. A major obstacle facing recycling centers is the current obligation that recycling companies obtain a Certificate of Designation from the City prior to beginning recycling operations. Exempting recycling businesses from the Certificate of Designation requirement is specifically allowed under state law. See C.R.S. 30-20-102(5). Granting local recycling businesses an exemption from obtaining a Certificate of Designation does not mean that such businesses will be unregulated. The attached Ordinance specifies that recycling sites and facilities must comply with the state statutes and state regulations governing recycling centers including, but not limited to, those found at 6 CCR 1007-2:1-8.1.1 et seq. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: EPAC recommends that the City Council adopt this Ordinance. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Failure to enact this Ordinance would leave the Certificate of Designation requirement intact for prospective recycling companies. This could discourage the opening of recycling businesses within City limits. RECOMMENDATION: Approve the Ordinance. Attachments: