Loading...
HomeMy WebLinkAboutbocc.ord.015.2020AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITIIN COUNTY, COLORADO, ADOPTING CONSTRUCTION AND DEMOLITION DIVERSION REGULATION TITLE 6, SECTION 6,16.100 ORDINANCE NO. 5 -2020 RECITALS: 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. The purpose is to achieve Reduction. and/or Recycling of Debris generated by Construction and Demolition Projects, thereby diverting debris from Disposal Facilities, saving landfill space, and reducing environmental impacts. 4. Pricing structures that incentivize the separation of Recoverable Materials from the construction and demolition waste stream in Pitkin County are necessary to maximize the life of the Pitkin County Landfill and to reduce the consumption of resources, and thereby protect the public health and welfare. 5. Residential and commercial generators of Construction and Demolition Debris will separate Recoverable Materials from trash to allow effective processing and reuse. 6. Construction and Demolition Permittees operating within unincorporated Pitkin County must acknowledge a required diversion rate as set by the County as a condition of their permit 7. Construction and Demolitions Permittees shall submit a Diversion Report detailing waste generated and diverted for the given permitted construction/demolition project. Final Building Inspection of the permitted work will not occur until the Diversion Report is completed and submitted as verified by the Solid Waste Manager. a. The County's ability to responsibly manage waste and protect public health and the environment requires the ability to direct the waste disposal and separation practices of all generators in Pitkin County. 8. CRS 30-15401 provides the Pitkin County Board of Commissioners with the authority to regulate Construction and Demolition permitted projects and adopt other requirements necessary to promote the public health and welfare. 9. The 13OCC 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 Adopting Construction and Demolition Debris Diversion, Title 6, Health and Safety, Section 6.16. 100 of the Pitkin County Code as attached hereto as Exhibit A 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 THEDAY OF vc , 2020 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE QDAY OF 0),[( 2020. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RE OLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF i 1 , 2020. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL P TKIN COUNTY WEBSITE www. itkincouni .com ) ON THE q,�k DAY OF ILP I 2020. ADOPT�D AFTER FINAL READING AND PUBLIC HEARING ON THE "''` DAY OF r t G 2020. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 30&k- DAY OF ;,t ! 2020. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIA� PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE�DAY OF__&,g,, 1 2020. ATTEST: By �ra s Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: �Se" ' Q7 John Ely, County Attorney BOARD OF COUNTY COMMISSIONERS By: Ste, F. CUL Steven F. Child, Chair Date:] u1-08-2020 MANAGER APPROVAL p4s MAU. Phylis Mattice for Jon. Peacock, County Manager PITKIN COUNTY, COLORADO CONSTRUCTION AND DEMOLITION DIVERSION REGULATION TITLE 6, SECTION 6.16.100 This section shall be known as Construction and Demolition Diversion Regulation. The purpose is to achieve Reduction and/or Recycling of Debris generated by Construction and Demolition Projects, thereby diverting debris from Disposal Facilities, saving landfill space and conserving natural resources consistent with Pitkin County's core focus area to Conserve Natural Resources and Environment of the Flourishing Natural and Built Environment Strategic Plan. 6.16.110: DEFINITIONS The following words, terms and phrases when used in this code shall have the meanings ascribed to them in this Section: A. `Building Official" is the Building Official of the Pitkin County Community Development Department or his/her authorized representative B. "Construction and Demolition Debris (C&D waste) " is solid waste generated by or resulting from construction or demolition -related activities including, but not limited to, building, construction, deconstruction, demolition, improvement, reconstruction, remodeling, renovation, repair, or site clean-up. C. "County Manager" is the Pitkin County Manager. D. "Diversion Compliance Deposit (DCD)" is a cash deposit made to the Pitkin County Landfill by permittees who wish to do construction and demolition projects within unincorporated Pitkin County_ The DCD is only required in situations where the permitted construction project meets the standards defined in the MANAGERS RULES Section 2.a. The DCD is calculated using the formula in MANAGERS RULES Section 2.b. The DCD is refundable; the amount of the DCD which shall be refunded is defined in Section 2 of the MANAGERS RULES. The DCD only applies to the General/Number 1 permit for the project. E. "Diversion Report" is an electronically submitted report to the Pitkin County Landfill by any permittee who has been required to pay a Diversion Compliance Deposit for their permitted work in unincorporated Pitkin County. This report is due at the end of work on the project and must be submitted before a Final Building Inspection will be done on the permitted work. The Diversion Report will be used by Pitkin County Staff to determine if the permittee met the requirements set forth in Sections 1, 2, and 3 of the MANAGERS RULES. The Diversion Report must include receipts (or copies of receipts) for ALL waste produced by the permitted work - these receipts must include the elate the material was removed from the site and location of disposal, sale, or reuse. The Diversion Report must include the weight (in tons) of all solid waste landfilled, the total weight of each type of Recoverable Material disposed of in any manner in any location, and how many loads of landfilled waste from the permitted project were classified as Tier 4 waste by the Pitkin County Landfill (see Section 3 of the MANAGERS RULES). F. "Final Building Inspection" The final building inspection done by the Community Development Department of Pitkin County. G. "Hazardous Materials" are the same as defined in the United States Hazardous Materials Transportation Act (49 USC Section 5101). H. "Permit" means a permit issued by the Community Development Department for construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling, renovation, repair, site clean-up, or any activity relating to any of these activities. L "Permittee" means any individual, firm, limited Iiability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any entity or person whatsoever that applies for a General/Number 1 Permit. J. "Qualified Facility" is a facility that arranges for or causes the recovery of one (1) or more materials including items for reuse, remanufacturing, reclaiming, recycling, mulching, composting, or other action that allows the resource to be recovered, and is compliant with any local, state and federal standards that may be established to regulate or designate such facilities. K. "Recycling Facility" is a facility that collects specific materials for reuse or recycling. Recycling facilities are identified in the Attachment A. L. "Recoverable Material(s)" are the materials listed in Section La. of the MANAGERS RULES which define how this section of the code_will be executed. This list may be changed at any time by Pitkin County Solid Waste Center Staff. M. Recoverable Materials Diversion Acknowledgement Form is a form that must be signed by the permittee for any project meeting the standards defined in Section 2.a. of the MANAGERS RULES. This form acknowledges Pitkin County's diversion requirements and the consequences of failure to meet these requirements (detailed in Section 2 of MANAGERS RULES) . N_ "Reuse" and "Reused Onsite" means any action that involves the beneficial use of materials at the Iocation of origin such as the construction of other structures, fencing, decorative or other approved use. Written documentation of reuse must be included in the Diversion Report if the permittee wishes to have the weight of these materials included in the assessment of their compliance with Section 2 of MANAGERS RULES_ 0. "Solid Waste Landfill" means a permitted disposal facility that accepts solid waste for land disposal. P. "Solid Waste Manager" is the Pitkin County Solid Waste Manager_ 6.16.120: Requirements A. Sections 1 and 3 of MANAGERS RULES shall apply to all material brought to the Pitkin County Landfill. B. Section 2 of MANAGERS RULES shall apply to permitted construction, renovation, building repair, deconstruction, earthmoving, or demolition projects in unincorporated Pitkin County. The Community Development Department will not issue a permit until the permittee has completed a Recoverable Materials Diversion Acknowledgement Form and paid a Diversion Compliance Deposit to the Pitkin County Landfill_ C. At completion of the project but before Final Building Inspection, the permittee shall submit the Diversion Report as defined above. Final Building Inspection of the permitted work may not occur until the Diversion Report is completed and submitted as verified by the Solid Waste Manager. If the Diversion Report is not completed and submitted, Final Building Inspection will not occur. D. Once the Diversion Report is completed and submitted, it will be reviewed by Pitkin County Landfill Staff. If the permittee met all of the diversion requirements set forth in MANAGERS RULES Sections 1, 2, and 3 as determined by Pitkin County Landfill Staff based on documentation provided by the permittee in the Diversion Report then the entire Diversion Compliance Deposit shall be returned to the permittee. If the diversion requirements were partially met, Pitkin County Landfill Staff will use MANAGERS RULES Section 2 to determine whether the permittee is eligible for a partial Diversion Compliance Deposit refund. E. In the event that a permittee has failed to submit a complete Diversion Report within two years of signing a Recoverable Materials Diversion Acknowledgement Form, the Permittee shall apply for an extension to the Recoverable Materials Diversion Acknowledgement Form or lose 100% of their Diversion Compliance Deposit. F. If set forth by resolution of the Pitkin County Board of County Commissioners, the Permittee shall pay a non-refundable administrative fee sufficient to compensate the County for all expenses incurred in administering this code. 6.16.130: Standards, Guidelines and Criteria. The Solid Waste Manager will establish and/or adopt standards, guidelines, and criteria consistent with this Section and reasonably necessary to achieve the objectives of this Code. These rules and procedures are detailed in the MANAGERS RULES adopted in tandem with this code. 6.16.140: Inspections. The Solid Waste Manager, or designee, may make such inspections as he/she may deem necessary to determine Permittee's compliance with the Code 6.16.150 Appeals. Appeals of the rulings of the Solid Waste Manager relating to approval of a Diversion Report shall be filed with the Pitkin County Manager's office. PITKIN COUNTY, COLORADO CONSTRUCTION AND DEMOLITION DIVERSION REGULATION MANAGER'S RULES APPENDIX 1 TO TITLE 61 SECTION 6.16.100 These Manager's Rules direct the implementation of the Pitkin County Construction and Demolition Diversion Ordinance promulgated as Pitkin County Code _ (Code) on , 2019. Definitions and requirements are detailed in said Code. T I. Recoverable Materials Designated for Separation from Trash Recoverable Materials in Pitkin County include a range of residential, commercial, and construction materials that can be reused, recycled, or otherwise diverted from Trash. All Recoverable Materials shall be separated from Trash and diverted for the purpose of recycling and reuse. Recoverable Materials include: • Concrete • Corrugated Cardboard • Porcelain • Metal Appliances • Asphalt • Rock and Dirt • Metal • Single Stream Recyclables • Organics • Untreated (no stain, paint, or chemical treatment) lumber and pallets a. Additional Recoverable Materials may be added to the list in section La. by Pitkin County Staff at any time. b. Nothing in the Code shall prohibit any person from separating additional materials from Trash. if the additional separated materials are from a permitted project within unincorporated Pitkin County, the permittee must save receipts from disposal of all materials and enter those receipts into the County's approved online software system. See Section 2. c. This section (Section 1) applies to all loads entering the Pitkin County Solid Waste Center. Disposal of Recoverable Materials into the Trash is no longer allowed_ Any private or commercial C&D load containing Recoverable Materials will be charged the highest tier tipping fee (Tier 4 per Section 3). 2. Recoverable Materials Diversion Acknowledgement Form and Diversion Report a. Any project which requires a building, demolition, or earthmoving permit from Pitkin County must meet the additional requirements set forth in this section (Section 2, parts b - f). Only the General Number I or demolition permit will be required to submit the Recoverable Materials Diversion Acknowledgement Form. Sub -contractors to the general permit must include their waste and diversion numbers to the general permit for tracking and calculating the end waste diversion percentage. b. As part of the permitting process through Pitkin County, the project manager or property owner must sign a Recoverable Materials Diversion Acknowledgement Form and pay a refundable Diversion Compliance Deposit before work on the project can begin. This form states that the owner/manager is aware of the diversion requirements of Pitkin County and is aware that failure to follow diversion requirements will result in loss of the Diversion Compliance Deposit and higher tipping fees. a. The diversion requirements of Pitkin County are: that a minimum of 25% of total project related waste by weight shall be diverted from trash AND that 100% of the materials listed in Section 1 as Recoverable Materials shall be diverted from trash. These goals may be updated by Pitkin County staff at any time. b. The refundable Diversion Compliance Deposit shall be calculated using the following equation: Diversion Compliance Deposit = (Estimated total tons of waste) * (Per Ton Rate set forth annually by Pitkin County) c. Once the Recoverable Materials Diversion Acknowledgement Form is submitted and the Diversion Compliance Deposit is received by the Solid Waste Center, the regular permitting process can continue. d. Throughout the course of the project, the general permittee or their designated project manager is responsible for retaining all receipts related to waste disposal/diversion, no matter where the waste is taken. The permittee/project manager will use County -approved software to track receipts and final reporting will be done electronically. e. Before Final Building Inspection, the project manager must submit their Diversion Report to the Pitkin County Solid Waste Center and receive confirmation that this report is complete. Completion of the Diversion Report means that Final Inspection of the project may move forward, but it does not guarantee refund of the Diversion Compliance Deposit. L Pitkin County staff will analyze the Diversion Report to determine the amount of Diversion Compliance Deposit to refund. a. If the project met diversion goals of at least 25% of total waste (by weight) diverted AND did not send any Recoverable Materials (per Section La) to trash in mixed C&D loads, then 100% of the Diversion Compliance Deposit will be returned. b. If the project met diversion goals of at least 20% of total waste (by weight) diverted BUT did send Recoverable Materials (per Section La) to the trash in mixed Tier 4 loads, then 50% of the Diversion Compliance Deposit will be returned. c. If less than 20% of the total waste produced by the project was diverted none of the Diversion Compliance Deposit will be refunded. 3. Tiered Pricing System and Price for Loads Containing Recoverable Materials A tiered pricing structure shall apply to all C&D loads (including entities outside of unincorporated Pitkin County) which dispose of materials at the SWC. The tiered pricing structure is based on per job tonnage, and will include all C&D loads within and outside of Pitkin County. Jobs are to be tracked and assessed a higher tipping fee as specified tonnage limits are reached. Diverted/recycled materials do not count towards the tiered tonnage limits; only materials disposed in the landfill are counted towards the tonnage limits. The tiered pricing will be evaluated and adjusted annually and will be available through the Pitkin County Solid Waste Center. The purpose of the tiered pricing structure is to encourage diversion and maintain lower C&D tipping fees. A tracking system at the SWC is used by staff to monitor load amounts and notify customers when they are reaching/exceeding the tier limits. Tier 4 is reserved for any C&D mixed load which contains greater than 10% of Recoverable Materials as defined in Section La.; Tier 4 pricing applies to loads containing Recoverable Materials as defined in Section La. regardless of total project tonnage. Recoverable Materials as defined in Section La. must be removed from mixed C&D waste loads prior to entering the Pitkin County Solid Waste Center. 4. County Information The County will provide information to haulers of C&D material and construction contractors for their use in notifying and educating their customers and the public: A current list of regulated Recoverable Materials, information about the processing of Recoverable Materials, and a current price list - all to be available on the Pitkin County Solid Waste Center's website www.landfillrules.com_ 5. Adoption of Rules and Regulations The Pitkin County Manager or designee is authorized to adopt rules, regulations and standards necessary to implement the Code. Any regulation or change to the regulation shall be subject to approval of the Board of County Commissioners and shall be made subject to a public notification, appeal and approval process: a. All proposed regulations or standards shall be published in writing and a public notice will be mailed to all Registered Haulers and published in a newspaper of general circulation providing; • A description of the proposed regulations or standards • Where a copy of the regulations or standards may be obtained • Notice that interested parties shall have fifteen (15) days from the date of publication to submit written comments to the County Manager or designee b. Upon the expiration of fifteen (15) days following the publication of notice, the County Manager or designee may adopt final regulations or standards as originally proposed or modified in accordance with written comments received from interested parties. 6. Changes to the Manager's Rules These Manager's Rules will be reviewed annually by the County Manager or designee. Any updates or modifications will be published in a timely manner.