TC Ord. No. 22-13 Enacting Chapter 8.14 - Recycling of the Avon Municipal CodeA
Avon
COI.ORADO
ORDINANCE NO.22-13
ENACTING CHAPTER 8.14 — RECYCLING
OF THE AVON MUNICIPAL CODE,
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, the Town Council ("Council") adopted the Eagle County's Climate Action Plan,
which sets forth goals including the reduction of waste going to the landfill by 30-percent by
2030. Increased participation in recycling programs and maximizing capture rate of recyclables
through existing and future programs are necessary to meet and exceed this recycling goal; and
WHEREAS, the current waste diversion rate in Eagle County is between 30 to 32 percent, and
the diversion rate in the Town of Avon is unknown, hence the need for a Recycling Ordinance
that requires hauler reporting; and
WHEREAS, the Colorado Department of Public Health and Environment estimates that each
person generates approximately 3,150 pounds of waste per year and a large portion of the
disposed materials could be reused, recycled or put to other beneficial use, resulting in
significant resource, energy, and economic savings; and
WHEREAS, as the Eagle County landfill reaches permitted capacity, it is becoming more
difficult and expensive to site, permit and develop new landfill capacity;
WHEREAS, through the adoption of Eagle County's Climate Action Plan, the Town of Avon
established a goal of reducing community greenhouse gas emissions by 50% by 2030, and
diverting waste from the landfill is one of the most cost effective and efficient ways of reducing
greenhouse gas emissions resulting from landfills and new resource processing; and
WHEREAS, municipalities are empowered by C.R.S § 30-15-401(1)(a)(II) to inspect vehicles
proposed to operate in the conduct of business of transporting ashes, trash, waste, rubbish,
garbage, or industrial waste products or any other discarded materials; and
WHEREAS, the Council finds that adopting an Avon Recycling Ordinance will promote the
health, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 8.6 of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
Ord 22-13 Avon Recycling Ordinance
Second Reading September 27, 2022
Page 1 of 3
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and detenninations of the Town Council.
Section 2. Enactment of Chanter 8.14 — Recycling. Chapter 8.14 — Recycling of the Avon
Municipal Code is hereby enacted in its entirety as set forth in Exhibit A: Chapter 8.14 —
Recycling attached to this Ordinance.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the teen "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the tern "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect on November 1, 2023, which is
more than thirty days after the date of final passage in accordance with Section 6.4 of the Avon
Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
Ord 22-13 Avon Recycling Ordinance
Second Reading September 27, 2022
Page -1. of 3
INTRODUCED AND ADOPTED ON SECOND READING AND REFERRED TO
PUBLIC HEARING by the Avon Town Council on September 13, 2022 and setting such public
hearing for September 27, 2022, 2022 at the Council Chambers of the Avon Municipal Building,
located at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST: ���N OF A�pN
S E A
Sarah Smith Hymes, Mayor Avdnda Torres, Town Cler
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on
September 27, 2022.
BY:
Sarah Smith Hymes, Ma
APPROVED AS TO FORM:
Karl Hr on, own Attorney
Ord 22-13 Avon Recycling Ordinance
Second Reading September 27, 2022
Page 3 of 3
ATTEST:
a o Vf,
Torres, Town C
OF AVp;�
CHAPTER 8.14 - Recycling
8.14.010 — Purpose
The purpose of this Chapter is to establish policy and infrastructure to support recycling in the
Town of Avon in order to promote effective and efficient recycling for Avon community.
8.14.020 — Definitions
For the purposes of this Chapter, the following definitions shall apply:
Base Unit of Refuse: The smallest increment of volume of refuse or solid waste collection which
is no larger than 32 gallons of capacity.
Commercial Customer: Any premises where a commercial, industrial, or institutional business
or enterprise is undertaken, including, without limitation, retail shops and establishments, eating
or drinking establishment, healthcare facilities, child daycare centers, public and private schools,
professional and business offices, religious institutions, and public buildings and facilities.
Discarded Materials: All putrescible and non—putrescible solid waste discarded from any
residential, multi -family or commercial source including recyclable material. The term discarded
materials shall exclude discarded or abandoned vehicles or parts thereof, sewage sludge,
hazardous waste, materials used for fertilizer and recyclable material that have been source
separated for collection.
Hauler: A registered person or company in the business of collecting, transporting or disposing
of discarded materials for a fee, or for no fee except as described in Subsection B. of 8.14.030.
Multi -Family Customer: Any residential structure(s) that employs a communal system for solid
waste and or recyclable materials collection.
Non Attractant: Any substance which does not attract wildlife. Substances that are considered to
attract wildlife include food products, pet food, feed, compost, grain or salt or materials which
formerly contained such items. Office Paper or cardboard that did not previously contain food
are considered non -attractants.
Recycling: The process of separating recyclable materials from refuse and placement for
collection by a hauler for the purpose of such materials being re -used or reprocessed into new or
different materials.
Residential Customer: Any residential structure(s) that does not employ a dumpster or
communal service for solid waste and or recyclable materials collection.
Recyclable Materials: Materials from any commercial or multi -family residential property to be
collected separately for the purpose of such materials being reused or repurposed or reprocessed
into new or different materials.
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Recycling Facility: A licensed Materials Recovery Facility (MRF) (e.g. the Eagle County MRF)
that accepts and sorts, packages, and otherwise prepares recyclable materials to be repurposed or
reprocessed into new or different materials.
Refuse: As defined in Section 8.12.010 Avon Municipal Code. Refuse shall not include
recyclable material.
Solid Waste: All putrescible and non-putrescible waste or refuse, excluding discarded or
abandoned vehicles or parts thereof, sewage sludge, hazardous waste, materials used for fertilizer
and recyclable material that have been source separated for collection.
Source Separation: The process by which recyclable materials are separated at the point of
generation by the generator thereof from solid waste for the purposes of recycling.
8.14.030 — Hauler Registration Requirement
It shall be unlawful for any person or company to operate or conduct business as a hauler of
residential, multi -family, or commercial solid waste or recyclable material without first obtaining
a municipal solid waste hauler registration as set forth in this Section.
(a) Applicability: 8.14.030 applies to any hauler of solid waste or recyclable material
operating in the Town of Avon.
(b) Exceptions: The following persons or entities are not required to obtain a municipal solid
waste collection registration:
1. Any person or their designee who transports to the landfill only the refuse that person
generates;
2. A civic, community, benevolent or charitable nonprofit organization collecting,
transporting and marketing recyclables solely for the purpose of raising funds for a
civic, community, benevolent, or charitable event;
3. A property owner or agent thereof who transports discarded materials left by a tenant
upon such owner's property, so long as such property owner is not provided
compensation from tenants on a regular basis;
4. Demolition or construction contractors or landscaping companies that produce and
transport discarded material produced incidentally to the demolition, construction, or
landscaping work;
5. Any person who transports only liquid waste (e.g. restaurant grease or portable toilet
waste);
6. The Town of Avon municipal organization and employees thereof, who transport
solid waste, recyclable materials and compostable materials generated by the
municipal organization, public containers, or special events;
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7. Special event producers, who transport solid waste and recyclable materials for
permitted events;
8. Companies that provide special event collection services (e.g. electronic waste
collection, on -site paper shredding); and
9. Companies contracted by registered solid waste haulers.
(c) Registration Process: The General Government Department shall set forth the standards
for the implementation of the municipal solid waste hauler registration process including
the amount of the registration fees, the designation of recyclable materials, and the
schedule for collecting registration fees.
(d) I. —Proof of Insurance: Registered municipal solid waste haulers shall provide proof of
general comprehensive liability / automobile insurance policy protecting the hauler from
all claims for damage to property of for bodily injury, including death, which may arise
from operations under or in connection with this registration and providing limits of
coverage of not less than five hundred thousand dollars ($500,000) for bodily injury and
property damage per occurrence or in aggregate.
8.14.040 — Municipal Solid Waste Hauler Requirement
(a) Bi-Annual Reporting Required: All registered municipal solid waste haulers (the
"registrant") shall submit twice yearly reports to the General Government Department on
the weight (in tons) of Solid Waste and Recyclable Materials collected within the Town
limits of Avon. For loads that contain Solid Waste or Recyclable Materials originating in
part from within the Town limits and in part from outside the Town limits the reported
quantity may be estimated by the registered hauler but shall use an approved format
provided by the Town of Avon which shall include the use of both the scale tickets and
customer route sheets and reported as an estimate.
(b) Submittal Required: Bi-annual reports shall be submitted on May 1 and October 1, or
on the next business day, using a format approved by the General Government
Department. All reports shall be treated as confidential commercial documents under the
provisions of the Colorado Open Records Act.
(c) Recyclable Material Designation: Haulers may not dispose of recyclable materials set
out by customers by any means other than delivering it to a MRF that sorts, packages,
and otherwise prepares recyclable materials to be repurposed or reprocessed into new
materials, except for materials that customers have not properly prepared for recycling or
are contaminated with 25 percent or more of non -recyclable refuse,
(d) Notice: Haulers of multi -family, or commercial solid waste shall give each of its
customers written notice of all available service options and corresponding variable rates
upon commencement of service. Written notice of the full range of services including
variable rate service, container sizes, and the recycling service options including the
materials that may be recycled shall be provided to all new customers upon commencing
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service and all haulers shall provide notice at least annually to customers on the full range
of services, container sizes, variable rates and recycling options including the materials
that may be recycled. On or before January 31 st each year the hauler shall deliver to the
General Government Department a true and correct copy of the notices sent to each
customer type.
(e) Residential Volume Based Rates: Haulers shall offer each of its customers the option to
subscribe to different levels of service with different capacities of solid waste containers,
such as 32, 64 and 96 gallon containers/carts, and shall charge their customers based on
this volume of service. For residential source customers, the base unit of solid waste
service shall be no larger than the approximate capacity equivalent of a 32 gallon
container or cart. If a customer does not select a level of service, the provider shall
establish a default minimum level of service that is not larger than 2 units of service or a
single 64 gallon container or cart.
(1) Variable Rates: Haulers shall charge variable rates for the corresponding level of
service or units of solid waste collection for residential customers.
(i) Haulers shall structure the increments of their variable rate at a multiple of the
base unit of solid waste collection which is no larger than 32 gallons. The
second largest increment of solid waste collection shall be no larger than two
times the capacity of the base unit or no larger than 64 gallons, and the third
largest increment of solid waste collection shall be no larger than two times the
capacity of the second largest increment of solid waste collection. Such rate
increments shall be equal to 80% or more of the charges for the base unit of
collection (e.g., if $10.00 is applied to a 32 gallon container, a minimum of
$18.00 shall be applied to a 64 gallon container, and a minimum of $32.40 shall
be applied to a 96 gallon container).
(ii) The provisions of this subsection shall not be construed to prohibit any hauler
from establishing rules and regulations regarding the safe maximum weight of
containers of solid waste and recyclable material containers.
(iii) Nothing in this section shall be construed as prohibiting any hauler from
providing separate pricing for special collection of bulky items, yard waste,
contaminated recyclables, unscheduled pick-up or extra volumes of solid waste
or recyclable material, or more than what was subscribed for with the hauler.
(f) Commercial Embedded Rates: On commercial customer account bills, every solid
waste hauler shall combine charges for solid waste and recyclable material collection
service and may not itemize them separately. Haulers shall provide sufficient recyclable
material capacity and frequency service to prevent an overflow of material.
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(g) Auditing: A representative of the Town of Avon may audit a registered municipal solid
waste hauler's subscription, billing and other relevant records to determine whether or
not the provider has complied with the provisions of 8.14.040 at the provider's office
located nearest to the Town of Avon during hours that the office is open for business, on
at least five day's written notice.
(h) Frequency of Residential Recycling Service: Haulers shall offer each of their
residential customers curbside recyclables collection service every other week, no
smaller than 64 gallons capacity of the designated recyclable materials. All containers
are subject to the provisions of Chapter 8.32, wherein all attractants shall be stored in
wildlife resistant, locked containers. Non -attractants are not required to be stored in
wildlife resistant, locked containers provided they are not mixed with attractants.
(i) Container Labels: Haulers shall provide labels or label all solid waste and recycling
material containers indicating what materials are accepted in each container. The labels
shall include pictures and words of the acceptable materials and be in both English and
Spanish.
8.14.050 — Designated Recyclables List
(a) Designated Recyclables (Collection): The recyclable materials that haulers are required
to pick up shall be set forth in the Town's `Recyclable Materials List' which shall be
prepared and may be amended as conditions change. The Recyclable Materials List shall
be available for review on the Town's website.
(b) Designated Recyclables (Generators): The recyclable materials that generators are
required to source separate from their solid waste shall be set forth in the Town's
`Recyclable Material List' which shall be prepared and amended as conditions change.
The Recyclable Materials List shall be available for review on the Town's website.
8.14.60 — Recycling Requirements
(a) Applicability. All persons in the Town of Avon are required to recycle recyclable
materials. All residential owners' associations which contractsfor-or arranges for trash
service by th fovc gh annewner ' asseeiation or- re^oiccrorthefflu
fesi en4i l p fepei4ies, and all commercial properties and uses; shall provide on -site
service for the collection and transport of recyclable materials. T4+isThe requirement for
on -site service for collection and transport of recyclable materials shall not apply to
residential properties which doesdo not have trash service as a common service for
multiple residential properties; however, persons residing on such residential properties
shall be responsible for either subscribing for collection of recyclable materials or self -
transporting recyclable materials to a recycling facilityor recycling center.
(b) Recyclable Materials Requirements. The following minimum requirements shall apply
for separation of recyclable materials:
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(1) All recyclable materials accumulated on any premises shall be placed in a container or
containers separate from solid waste.
(2) Recyclable materials shall not be placed in solid waste containers.
(3) No refuse, solid waste, or compost shall be placed in any recycling container.
(4) Nothing in this section is intended to prevent any person from donating or selling
recyclable materials generated on their premises.
(c) Minimum Requirements. The following minimum requirements shall apply for all
properties with on -site service for collection and transport of recyclable materials.
(1) All recyclable material shall be source separated, stored, and presented for collection by
a registered municipal solid waste hauler.
(2) It shall be the duty of any owner or occupant of any premises to ensure that containers
designated for collection or disposal as solid waste do not contain recyclable materials
when such containers are offered for solid waste collection.
(3) It shall be the duty of any owner or occupant of any premises to ensure that they
contract for recycling service or otherwise provide service for the delivery of recycling
material to a MRF. The service shall be of an adequate level to prevent the designated
recyclable material containers from overflowing on a regular basis.
(4) The container(s) shall hold only non -attractants, or shall be wildlife resistant
handled or shall be placed outside only for pick-up in accordance with Chapter 8.32,
Avon Municipal Code.
(5) Any owner or occupant of a commercial establishment with solid waste disposal
containers available for customers or guests shall make available a container for
recyclable materials that is of similar size and located in an equally convenient location.
8.14.070 — Violations — penalty
Any person violating any of the provisions of this Chapter shall be deemed to have committed
a civil infraction for each and every day or portion thereof during which any infraction is
committed, continued or permitted and shall be subject to the penalties contained in Chapter
1.09 of this Code.
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