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HomeMy WebLinkAbout07265ORDINANCE NO. 7265 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 deleted, underscoring indicates matter 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 wastes 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 non- hazardous solid waste generated on -site pursuant to the exemption set forth in 1 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 ordinances have been first obtained. SECTION 2 This Ordinance shall become effective upon final passage and approval. INTRODUCED January 10, 2005 BY Michael Occhiato Councilperson APPROVED: 421", -"V, PR EN CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED January 24. 2005 CD Background Paper for Proposed ORDINANCE 0&. # 2A&5 AGENDA ITEM # 66 r 9 DATE: JANUARY 10, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE AMENDING CHAPTER 12 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO SOLID WASTE DISPOSAL SITES AND FACILITIES ISSUE Should City Council amend the City's regulations to allow disposal of non- hazardous waste generated on -site to be disposed on -site in compliance with Colorado Department of Public Health and Environment regulations without requiring a Certificate of Designation? RECOMMENDATION Staff recommends approval. BACKGROUND Section 2, Chapter 12, Title IV, Pueblo Municipal Code, a portion of the chapter that governs solid waste disposal sites and facilities in the City of Pueblo, currently requires any person operating a solid waste disposal site or facility within the City to obtain a Certificate of Designation. This could be construed to include on -site disposal of non - hazardous solid waste generated on -site that complies with the appropriate Colorado Department of Health and Environmental solid waste regulations. This amendment is designed to align this section of the Pueblo Municipal Code with the exemption set forth in 30 -20- 102(3), C.R.S. while still requiring a Special Use Permit and any other applicable Colorado State and City of Pueblo permits or licenses. FINANCIAL IMPACT None.