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HomeMy WebLinkAboutbocc.ord.008.2023AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING ORDINANCE NO. 015-2020 (MANAGER'S RULES) APPENDIX 1 TO TITLE 6, SECTION 6.16.100 OF THE PITKIN COUNTY CODE ORDINANCE NO. 008-2023 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners ("BOCC") of Pitkin County, Colorado 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, and; WHEREAS, 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, and; WHEREAS, On April 22, 2020, the Board of County Commissioners adopted Ordinance No. 015, 2020 Adopting Construction and Demolition Diversion Regulations as Title 6, Section 6.16.100 of the Pitkin County Code for the purposes of achieving reduction and/or recycling of debris generated by construction projects, thereby diverting debris from disposal facilities, saving landfill space and reducing environmental impacts and; WHEREAS, 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, and; WHEREAS, Staff completed a program evaluation in Fall 2022 which found that the majority of projects easily met the minimum 25% waste diversion rate necessary to earn a full refund of their deposit, suggesting that the minimum waste diversion rate could be raised to improve performance, and; WHEREAS, Staff presented these findings to the BOCC and recommended updating the diversion rate contained in the Manager's Rules attached as Appendix 1 to Title 6, Section 6.16 of the Pitkin County Code, and; WHEREAS, The BOCC 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 Amending Ordinance No. 015-2020 (Manager's Rules) Appendix 1 to Title 6, Section 6.16 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 THE 8TH DAY OF MARCH, 2023 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 11TH DAY OF APRIL 2023. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN DAILY NEWS ON THE 30TH DAY OF MARCH, 2023. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 30TH DAY OF MARCH 2023. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 11 TH DAY OF APRIL 2023. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE 13TH DAY OF APRIL, 2023. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN DAILY NEWS ON THE 20TH DAY OF APRIL, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS By i el By: FV'atAtit, ,iaCotitx Julia Ely Francie Jacober, Chair Deputy County Clerk Date: Apr-12-2023 APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager EXHIBIT A PITKIN COUNTY, COLORADO CONSTRUCTION AND DEMOLITION DIVERSION REGULATION MANAGER'S RULES APPENDIX 1 TO TITLE 6, SECTION 6.17 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. 1. 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 1.a. 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 1 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 2--5-% 35% of total project related waste by weight shall be diverted from trash AND that 100% of the materials listed in Section 1.a 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. f. 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 2--5-% 35% of total waste (by weight) diverted AND did not send any Recoverable Materials (per Section 1.a) 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 2-5-% 25% of total waste (by weight) diverted BUT did send Recoverable Materials (per Section 1.a) to the trash in mixed Tier 4 loads, then 50% of the Diversion Compliance Deposit will be returned. c. If less than 2-5-% 25% 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 1.a.; Tier 4 pricing applies to loads containing Recoverable Materials as defined in Section 1.a. regardless of total project tonnage. Recoverable Materials as defined in Section 1.a. 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.