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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: