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Help & SupportChapter 6-12: Trash, Recyclables and Compostables Hauling 30
The city council finds that a significant reduction of the volume of solid waste and a corresponding increase in the volume of recyclables and compostables generated by citizens and businesses in the city would benefit the public welfare. The city council finds that it would do so by reducing the consumption of important, nonrenewable natural resources, as well as the amount of land required for disposal of solid waste in landfills, thereby helping to extend the longevity of these valuable nonrenewable natural resources and allowing land to be used for purposes other than the disposal of solid wastes. The intent of the city council in enacting this chapter is to decrease the amount of solid waste and increase waste reduction, recycling and composting practices by the citizens and businesses located in the city.
Ordinance No. 7585 (2008)
The definitions in chapter 1-2, "Definitions," B.R.C. 1981, shall apply to this chapter, including, without limitation, the definitions of Compostables, Hauler, Recyclables, Trash, Trash container and Wildlife-resistant container.
The following terms used in this chapter have the following meanings, unless the context clearly indicates otherwise.
"Multi-family customer" means the occupants, taken together, of a residential building or set of residential buildings that uses a collective, common system for the collection of trash generated by the occupants.
"Periodic trash collection" means the regular collection of trash on a schedule of not less than once every calendar month..
"Recyclables processing center" means a facility that sorts, packages and otherwise prepares recyclable materials for sale.
"Residential customer" means every occupant of a residential building or set of residential buildings who receives periodic trash collection service, and who does not use a collective, common system for the collection of trash generated by the occupants.
(Ordinance No. 7172 (2001); 7585 (2008))
The following persons are exempt from the provisions of this chapter:
(a) Any person who transports only the trash which that person generates.
(b) A property owner or agent thereof who transports trash, recyclables or compostables left upon such owner's property, so long as such property owner does not provide such collection service for compensation for tenants on a regular or continuing basis.
(c) Landscaping contractors that produce and transport trash, recyclables or compostables in the course of their occupations where the production of trash, recyclables or compostables is merely incidental to the particular landscaping work being performed by the contractors.
(d) Any person who transports only liquid wastes (including, without limitation, sewage, sewage sludge, septic tank or cesspool pumpings), discarded or abandoned vehicles or parts thereof, discarded home or industrial appliances, materials used as fertilizers or for other productive purposes, household hazardous wastes and hazardous materials as defined in the rules and regulations adopted pursuant to the United States Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq.
(Ordinance No. 7172 (2001); 7585 (2008))
(a) Each hauler shall submit an annual report to the city manager of the weight in tons of trash, recyclables and compostables collected by commodity within the city. For loads that contain trash, recyclables or compostables originating in part from within the city, and in part from outside the city, the reported quantity may be estimated by the hauler. Reports shall be submitted for each year by January 31 of the succeeding year using forms provided by the city manager. All information that is confidential pursuant to the provisions of the Colorado Open Records Act, § 24-72-201, et seq., C.R.S., shall be treated as such.
(b) Each hauler that provides residential trash collection shall provide for the collection of the following no less frequently than every other week:
(1) Unlimited recyclables;
(2) A minimum of thirty-two gallons of compostables;
(3) Three paper or compostable bags of leaves; and
(4) Three bundles of branches no larger than three feet by six feet, tied by twine or compostable materials.
(c) Bags and bundles of compostables shall be placed adjacent to the compost container on collection day. The collection of compostables and recyclables shall occur either curbside or in alleys, whichever the hauler utilizes for trash collection.
(d) Each hauler shall provide each residential customer with a base unit of service which shall include a maximum of thirty-two gallons of trash collection service and which shall also include the collection of recyclables and compostables consistent with subparagraphs (b) and (c) above.
(1) A hauler may charge any amount for the base unit of service.
(2) A hauler may charge, in addition, a flat periodic fee. This flat periodic fee may not exceed the charge for the base unit of service and shall be itemized separately on customer billing statements.
(3) No hauler may charge less than a prorated portion of the charge for the base unit of service for each additional volume of trash that may be collected from a customer during one or more collection periods.
(4) Haulers may charge for compostables collection in excess of that set forth in subparagraph (b) above at a rate of no more than seventy-five percent of an equivalent volume of trash service.
(e) Haulers providing trash collection service to multifamily customers shall also provide collection service of all their recyclables at no additional charge beyond that agreed for trash collection service. The city manager may require each hauler that is providing trash and recyclables collection to multifamily customers to also provide compostables collection.
(f) Nothing in this section shall be construed as prohibiting any hauler from establishing rules regarding safety. Haulers may also set special pricing for large or unusual items.
Ordinance No. 7585 (2008)
6-12-5 Containers for Recycling or Composting Collection.
(a) Haulers providing trash collection service to multifamily customers through centralized collection areas shall provide containers for recyclable materials at no additional charge. Containers shall be of a sufficient size to accommodate the regular accumulation of recyclables from that customer, but at a minimum, such containers shall be of a volume equal to one-half of the volume of the trash collection service. If the city manager requires the collection of compostables, haulers shall provide containers for that service of a sufficient size to accommodate the regular accumulation of compostables from that customer.
(b) Haulers providing trash collection service to residential customers are not required to provide recyclables or compostables containers. However, if the hauler requires a specific type of container, then the hauler shall deliver such container at no cost to the residential customer.
Ordinance No. 7585 (2008)
6-12-6 Disposition of Recyclable or Compostable Materials.
(a) No person other than the person placing the recyclables or compostables for collection or that person's designated hauler shall take physical possession of any recyclables or compostables separated from trash, set out in the vicinity of the curb or alleys, and plainly marked for recyclables or compostables collection.
(b) Each residential customer or multifamily customer shall relinquish recyclable materials to a hauler only on the condition that the hauler deliver the recyclable materials only to a recyclables processing center as set forth in subparagraph (c) below.
(c) In the absence of an express written designation to the contrary initiated by the customer, it shall be presumed that each residential customer or multifamily customer has designated recyclable materials to be hauled to the recyclables processing center owned by Boulder County or its successor in interest. However, each customer may designate another recyclables processing center by notifying the hauler of that designation in writing. This written notification must be given at the initiative of the customer, not the hauler, and may not be written on a form furnished by the hauler.
(d) Haulers shall take all compostable materials collected to a state permitted compost facility that can certify that the material is processed into a compost product. Haulers shall maintain receipts and records for a period of five years. Upon request by any customer or the city manager, haulers shall produce receipts from the facility utilized.
Ordinance No. 7585 (2008)
At the city's sole discretion, including but not limited to times when there are pending changes to the city's waste reduction programs, the city will provide each hauler with educational brochures. These brochures shall be distributed by the haulers to all of their affected customers on or before a date specified by the city manager or, in the event of changes to the city's waste reduction programs, before the effective date of those changes. There shall be no charge to the city for the distribution of the educational brochures and the city will consult with the haulers before the brochures are printed.
Ordinance No. 7585 (2008)
6-12-8 Audits, Enforcement and Penalties.
(a) Each hauler shall make its records available for audit by the city manager at a location within the Denver metropolitan area during regular business hours when requested by the city manager in order to allow the city to verify hauler compliance with the provisions of this chapter. Among other records, each hauler shall make available for review all customer invoices and similar documents reflecting actual pricing to customers. All information that is confidential pursuant to the provisions of the Colorado Open Records Act, § 24-72-201, et seq., C.R.S., shall be treated as such.
(b) No person shall violate or permit to be violated any of the requirements of this chapter.
(c) In addition to any other remedies prescribed by this chapter or by this code or other ordinance of the city, the city attorney, acting on behalf of the city council, may maintain an action for an injunction to restrain or correct any violation of this chapter.
Ordinance No. 7585 (2008)
6-12-9 Authority to Issue Regulations.
The city manager is authorized to adopt rules and regulations necessary in order to interpret or implement the provisions of this chapter.
30Enacted by Ordinance No. 7078.