HomeMy WebLinkAbout05996ORDINANCE NO. 5996
AN ORDINANCE AMENDING TITLE IV OF THE CODE OF
ORDINANCES RELATING TO SOLID WASTES DISPOSAL
SITES AND FACILITIES AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate
matter being deleted; underscoring indicates new matter being added)
SECTION 1
Title IV of the 1971 Code of Ordinances is hereby amended by the addition of a new Chapter
12 to read as follows:
TITLE IV
BUILDING REGULATIONS
CHAPTER 12
SOLID WASTES DISPOSAL SITES AND FACILITIES
SECTION SUBJECT
4 -12 -1 Definitions
4 -12 -2 Certificate Of Designation Required
4 -12 -3 Annlication Requirements
4 -12 -4 Factors To Be Considered
4 -12 -5 Issuance Of Certificate
4 -12 -6 Revocation Of Certificate
4 -12 -7 Enforcement
4 -12 -8 Disclaimer Of Liability
4 -12 -1: DEFINITIONS
( As used in this Chanter, the terms "solid wastes," "solid wastes dis on sal.
"solid wastes disposal site and facility" and "certificate of designation" shall have the same
meanings ascribed to those terms in the state Solid Wastes Disposal Sites and Facilities Act,
Sections 30 -20 -101, et sea., C.R.S.
(h) As used in this Chapter_ the term:
W "Director" shall mean the City's Director of Public Works
W "State Act" shall mean the Solid Waste Disposal Sites and Facilities
Act, Sections 30 -20 -101, et. seq., C.R.S.
Q� "Subtitle D regulations" shall mean the regulations promulgated by
the United States Environmental Protection Agency Pursuant to Subtitle D of the
Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. §6901 et,
sea.) including but not limited to t he regulations published at 40 C.F.R. Part 258
( 1993).
W "State requirements" shall mean all requirements and standards
imposed under state laws, including but not limited to the State Act, and all
regulations adopted Pursuant to such state laws, including but not limited to the Solid
Waste Disposal Sites and Facilities regulations, 6 CCR 1007 -2.
"Minor modification" shall mean any change or modification to the
terms and requirements of a Certificate of Designation or to the solid waste disposal
site and facility to which it is applicable which is not a major modification.
4 -12 -2: CERTIFICATE OF DESIGNATION REQUIRED
�a) It shall be unlawful and a municipal offense for any person to operate a solid
wastes disposal site and facility within the City without having first obtained a Certificate
of Designation from the City Council
W 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.
4 -12 -3: APPLICATION REQUIREMENTS
�a) Any person who desires to obtain a certificate of designation to own or
operate a solid wastes disposal site and facility, shall submit an application therefor to the
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W "Major modification" shall mean
and include any sale,
transfer or
assignment
of a Certificate of Designation or
the solid waste site and
facility to
which it is applicable, and any change or modification to the terms and requirements
of a
Certificate of Designation or to the solid waste
disposal site and facility
to which
it is
=12licable requiring technical review by the
Colorado Department of Health and
determined
by the Director to be a substantial change
or modification.
"Minor modification" shall mean any change or modification to the
terms and requirements of a Certificate of Designation or to the solid waste disposal
site and facility to which it is applicable which is not a major modification.
4 -12 -2: CERTIFICATE OF DESIGNATION REQUIRED
�a) It shall be unlawful and a municipal offense for any person to operate a solid
wastes disposal site and facility within the City without having first obtained a Certificate
of Designation from the City Council
W 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.
4 -12 -3: APPLICATION REQUIREMENTS
�a) Any person who desires to obtain a certificate of designation to own or
operate a solid wastes disposal site and facility, shall submit an application therefor to the
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City Council by filing g, n original and five complete copies thereof with the City Clerk,
accompanied by the application fee provided in paragraph (c) of this section.
W Any person to whom a Certificate of Designation has been issued who desires
to undertake a major modification or minor modification shall submit an application therefor
by filing an original and five complete copies thereof with the City Clerk accompanied by
the application fee provided in paragraph (c) of this section.
(c) Until modified by duly adopted resolution of the City Council, the following
non - refundable application fees are established for applications for certificates of
designation, major modifications and minor modifications; based upon anticipated costs the
City may incur in the application review and approval process:
W For new certificate of designation applications -- Ten Thousand
Dollars ($10,000).
(4 For applications for major modifications -- Three Thousand Dollars
($
(4 For applications for minor modifications -- Two Thousand Dollars
($ 2 , 000)m
The foregoing fees shall be in addition to any fees or charges required to be paid by
Applicant to the Colorado Department of Health.
Application fees shall be waived for any operator of a solid waste disposal site and
facility within the City who is contractually obligated to pay City not less than ten (10)
percent of all tipping or user fees, excluding State User Fees, collected from erp sons
disposing of solid waste within such solid waste disposal site and facility,
W An application for a certificate of designation shall contain all of the
information required by state
requirements to be set forth in an application,
and
shall contain
a complete legal description
of the property where the facility is proposed,
a map depicting
all parcels of real property
located within one fourth mile of the boundary
of the properly
where the proposed facility
is located, and a list of the name and address
of
the owners of
each of said An application
for a major modification or minor modification
shall
. parcels.
contain a complete description of the proposed modification
with such
supporting
documentation as may be reasonably required to demonstrate the nature
of the
change sought
and iustification therefore.
and compliance with the State Act. State
reauirements
and
itle D regulations.
Oe) Upon receipt of an application and the application fee, the City Clerk shall
file the original application and transmit copies of the application to the Director , the
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Zoning Administrator, the City -Coup y Health Department and the Colorado De an rtment
of Health for review.
(f After referral of the application to the Colorado Department of Health, the
applicant shall file with the City Clerk five conies of any revisions made to the application
or of any supplementary information furnished to or at the request of the Colorado
Department of Health to establish completeness of the application.
W Except with respect to applications for minor
completion of review of the application by the Colorado Department
modifications,
of Health
upon final
and receipt
by the City of its comments and recommendations, the application
shall be
scheduled for
public hearing before the City Council
in accordance with the requirements
of
section 30 -20-
104, C.R.S. At such hearing
the Applicant shall have the burden
of persuasion
that the
Application should be granted.
Applications for minor modifications may
be rg anted.,
without notice and hearing, by
the Director in his discretion.
4 -12 -4: FACTORS TO BE CONSIDERED
W In considering whether to grant a Certificate of Designation, City Council
shall take into account:
W The effect that the solid wastes disposal site and facility will have on
the surrounding12ropga taking into consideration the types of processing to be used,
surrounding property uses and values and wind and climatic conditions;
(4 The convenience and accessibility of the solid wastes disposal site and
facility to potential users;
W The ability of the proposed facility to comply with Subtitle D
regulations, all state requirements and the rules and regulations as may be prescribed
by the Colorado Department of Health;
(Q Consistency of the proposed site and facility with the land use and
zoning ordinances of the City.
W No Certificate of Designation nor any major modification or minor
modification thereto shall be granted if the Colorado Department of Health has
recommended disapproval of same.
4 -12 -5: ISSUANCE OF CERTIFICATE
10
If the C4 Council deems that a Certificate of Designation should be granted or that
a major modification be approved, it shall issue the Certificate of Designation or
modification thereto with such terms and conditions as Council shall require in the public
interest; and such Certificate or modification shall be disllayed in a prominent place at the
site and facility. Except as provided in Section 4 -12 -4 of this Chapter, issuance of a
Certificate of Designation or maior modification thereto shall be discretionary with the Citv
Council,
4 -12 -6: REVOCATION OF CERTIFICATE
The City Council, after reasonable notice and public hearing, may temporarily
suspend or revoke a Certificate of Designation that has been granted by it for failure of a
solid wastes disposal site and facility to comply with any term or requirement of the
Certificate of Designation. applicable laws. the Subtitle D regulations. state reauirements or
any ordinances of the City of Pue
4 -12 -7: ENFORCEMENT
W It shall be unlawful and a Class 1 municipal offense for any person to violate
any provision of this Chapter, or to violate any term or requirement of a Certificate of
Designation issued hereunder. Any person convicted of an offense defined in this section
or elsewhere in this Chapter shall be punished as provided in Section 11 -1 -103 of this Code.
(W If any person engages in activities contrary to any requirement of this
Chapter, or in violation of anv state requirements or in violation of any term or requirement
of a Certificate of Designation, such activity or condition shall be deemed a nuisance and
the Citv may commence an action for appropriate_ re lief including iniunctiv relief in not
court of competent jurisdiction.
4 -12 -8: DISCLAIMER OF LIABILITY
The Citv shall not be liable or obligated in anv manner for _anv -sQlid_ waste _disp
site and facility
for which it grants
a Certificate of Designation nor does
the City by this
Ordinance or any
provision hereof
or the rg anting of a Certificate of Designation
assume or
undertake my
liability or obligation
with respect to any solid waste disposal
site and facility
nor any obligation
or liability
to inspect any solid waste disposal site
or to evaluate or
enforce compliance
with the
State Act, State requirements, or the approved
design and
operations report
which is part
of the Certificate of Designation,
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SECTION 2
This Ordinance shall become effective upon final passage and approval; provided, however,
that solid wastes disposal sites and facilities possessed of a valid Certificate of Designation as of the
date of passage of this Ordinance need not obtain a new Certificate of Designation but shall be
subject to the provisions of this Ordinance with respect to any major modification, minor
modification or other change to the facility or operations thereat occurring after the effective date
of this Ordinance.
ATTEST:
Acting y Clerk
INTRODUCED: July 10, 1995
By _ay KaStal i r_
Councilperson
APPRO D:
2
President of the City Council
JACrMPUBLIC WOD- ORMORDINANC.WPD -6-