Chapter 8.12 SOLID WASTE COLLECTION AND DISPOSAL

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8.12.010 Definitions.

As used in this chapter, the following words, unless the context in which they are used indicates otherwise, shall be given the following meanings:
 
"Applicant" means that person, partnership, company or corporation who is an initial applicant or an applicant for renewal of a solid waste hauler’s license.
 
"Board" means the Board of County Commissioners of Pueblo County, Colorado, or its designee.
"County" means Pueblo County, Colorado.
 
"Department" means the Pueblo City-County Health Department.
 
"Director" means the Director of the Pueblo City-County Health Department.
 
"Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
 
"License" means a commercial solid waste hauler’s license issued by the county pursuant to the provisions of this chapter.
 
"Licensing agent" means that entity or individual designated by the Board of County Commissioners in Section 8.12.020 to enforce the terms and conditions of this chapter.
 
"Litter" means "garbage," "refuse," "rubbish" and "solid waste," as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to the public health, safety and welfare.
 
"Officer" means any law enforcement officer as defined by Sections 18-9-120(1)(d) and 18-1-901(3)(1)(I), C.R.S., and shall include, but not be limited to, an officer of the Pueblo County Sheriff’s Department, or any Environmental Health Specialist/Health Protection Officer of the Pueblo City-County Health Department who has been deputized by the Pueblo County Sheriff.
 
"Ordinance" means Pueblo County Ordinance No. 4 as enacted by the Board of County Commissioners of Pueblo County, Colorado.
 
"Owner of solid waste" means any person, partnership, company or corporation having generated or produced trash as the same is defined herein.
 
"Permanent materials" means wood, metal, or any other equivalent or superior material, fixed in place with bolts, rivets, screws, nails, or any other equivalent fastening device.
 
"Person" means any owner, individual or individuals, partnership, company, or corporation.
 
"Refuse" means all putrescible or non-putrescible waste including garbage, rubbish and trash.
 
"Rubbish" means nonputrescible waste consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, branches, wood, waste building materials, glass, bedding, crockery, household furnishings, and similar materials.
 
"Solid waste" means garbage, refuse, sludge, trash, litter, rubbish and other waste as defined in Sections 30-15-401(1)(a) and 30-20-101(6), C.R.S.
 
"Solid waste disposal site" means any solid waste disposal site or facility, including but not limited to landfills, transfer stations, and recycling centers, which has a certificate of designation, if located in Colorado, or a comparable permit if located outside Colorado, at which the deposit and final treatment of solid waste occurs.
 
"Solid waste hauler" means any person, partnership, company or corporation engaged in the business of solid waste collection and/or solid waste transportation within the unincorporated area of the county where the ultimate destination of the solid waste is a solid waste disposal site. For purposes of this chapter, "solid waste hauler" shall include, but not be limited to, the owners, officers, agents, employees and drivers of the aforementioned persons, partnerships, companies or corporations.
 
"Trash" means any ashes, waste, wastewater, sewage, industrial waste products, junk, garbage, litter, refuse, debris, rubbish, grass clippings, other lawn or garden waste including, but not limited to, weeds or brush not growing in place, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction materials, motor vehicle parts, furniture, oil, carcasses of dead animals, any nauseous or offensive matter of any kind, any object likely to injure any person or create a traffic hazard, or anything else of an unsightly nature, or any object which has been discarded or abandoned, except weeds, brush, or other growing things in place. (Ord. 4 § 1(D), 1993)
 

8.12.020 Licensing Agent designated.

The Board of County Commissioners designates the Director of the Pueblo City-County Health Department, or his or her designee, as the Licensing Agent for Pueblo County. He or she shall administer the provisions of Pueblo County Ordinance No. 4 under the direction of the Board of County Commissioners. (Ord. 4 § 1(E), 1993)

 

8.12.030 Solid waste haulers--Licensing requirements.

A. Solid Waste Haulers--License Required. It is unlawful and a violation of this chapter for any person or solid waste hauler to be in the business of collecting and/or transporting solid waste within the unincorporated area of the county when the ultimate destination of the solid waste is a solid waste disposal site, without having first obtained a current and valid license therefor from the Licensing Agent. Nothing contained herein shall be construed to prevent a person from hauling or disposing of his or her own solid waste, provided he or she complies with all the provisions of this chapter applicable to such hauling or disposal, and does so in such a manner as not to endanger the public health, safety or welfare, or cause litter to be deposited on the streets and alleys located within the unincorporated area of the county.
B. Application--Requirements. Before a license will be issued by the Licensing Agent, an applicant for such license shall satisfy the following requirements:
1. The applicant shall complete an application for a solid waste hauler’s license which may be obtained from the Pueblo City-County Health Department. Such application shall contain the name and address of the applicant and identification of the vehicles the applicant intends to employ in the conduct of the business.
2. The applicant shall submit a nonrefundable annual license fee payable to Pueblo City-County Health Department, which shall be determined as follows for licenses expiring on or before December 31, 1993:
a. A thirty dollar ($30.00) fee for the issuance of all new licenses;
b. A thirty dollar ($30.00) fee for the issuance of a license following the expiration or revocation of a previous license issued by the Licensing Agent;
c. A fifteen dollar ($15.00) fee for the renewal of a previous license issued by the Licensing Agent prior to the expiration of such license.
d. In addition to the annual license fee, the applicant shall submit an individual vehicle licensing fee of five dollars ($5.00) per vehicle to be licensed.
For licenses expiring on or after January 1, 1994, the fees payable hereunder shall be as established by resolution of the Board.
3. The applicant shall provide a certificate of inspection of each vehicle the applicant intends to use, issued by the Pueblo City-County Health Department not more than thirty (30) days prior to the date of application, which shall state the Pueblo City-County Health Department has inspected and determined that the vehicle or vehicles the applicant proposes to use meets the requirements of this subsection. Each vehicle operated in the business of the collection, transportation and disposal of solid waste must be licensed and, at all times during the term of such license, have the following:
a. A permanent cover of canvas or equally suitable or superior material designed to cover the entire open area of the body of such vehicle; and
b. A body so constructed as to be permanently leakproof so that no solid waste therein contained can leak any fluids or matter from the vehicle; and
c. Extensions of sideboards and tailgate, if any, constructed of permanent materials; and
d. On both the right and left sides of the vehicle near the front of the body of the vehicle, the name and telephone number of the owner of the vehicle shall be printed in letters not less than three inches high, which letters shall be clearly legible.
e. The Pueblo City-County Health Department is authorized to charge the applicant a reasonable fee, which shall be payable to the Health Department, to defray the cost of performing inspections and issuing a certificate of inspection as provided in this section. In the event the applicant is concurrently applying for a hauling license from the city of Pueblo for which an inspection is performed and a certificate issued, then the inspection and certificate are transferable to the county’s application and no fee shall be required by the Health Department.
4. The applicant shall provide a certificate issued by the local land use regulatory agency showing the business operated by the applicant is in compliance with all applicable local land use regulations, including but not limited to, zoning and subdivision regulations. This shall apply to the office, haul vehicle storage yard and repair facilities operated by the applicant in conjunction with the collection and transportation of solid waste within the unincorporated area of Pueblo County, even if the facilities are located outside the unincorporated area of Pueblo County. Additionally, the applicant shall comply with all federal, state and/or local laws, rules and/or regulations applicable to the operation of the applicant’s business within the state of Colorado and Pueblo County.
5. The applicant shall, at its sole cost and expense, procure and maintain during the entire term of any license issued hereunder the following coverages and limits of insurance with companies acceptable to the county:
a. Worker’s compensation (including occupational disease), and employer’s liability insurance in accordance with any applicable worker’s compensation laws on all employees, servants and/or agents connected with or engaged in the performance of the applicant’s business in Pueblo, Colorado;
b. Automobile liability insurance on each vehicle employed in such business and licensed under this chapter, issued by an insurance carrier or insurer authorized to do business in the state of Colorado, to be written in the sum of not less than five hundred thousand dollars ($500,000.00) combined single limit per accident and aggregate for both bodily injury, including death, and property damage;
c. Commercial general liability insurance covering the liability of the applicant with respect to all operations and conduct of the applicant in conducting the applicant’s business to be written at a combined single limit of not less than one hundred thousand dollars ($100,000.00) per occurrence and aggregate for both personal injury, including death and bodily injury, and property damage.
Coverages enumerated in this insurance provision represent only the minimum insurance required by the county, and the applicant should rely on its expertise to obtain any additional insurance coverage needed in the performance of its business. At the time of the filing of the application, the applicant shall provide the county with certificates of insurance indicating the applicant is covered by insurance as set forth above at all times during the entire term of any license issued hereunder. Such insurance policies, or evidence thereof, shall at all times be carried in each vehicle licensed hereunder. Each such certificate shall provide that the county shall receive thirty (30) days prior written notice of the cancellation or expiration of such insurance coverage. Any liability for failure to comply with the aforementioned insurance requirements shall be borne by the individual, partnership, or corporation owning the vehicle which is not in compliance.
6. The applicant shall provide proof of valid Colorado Motor Vehicle Registration for each vehicle to be licensed and shall maintain such valid registration during the entire term of each individual vehicle’s license issued hereunder.
C. Review by the Licensing Agent. The Licensing Agent shall determine whether or not the public convenience and necessity will be served by granting the application. If the Licensing Agent determines that the public convenience and necessity will be served by the granting of the application, and the requirements hereinabove set forth have been satisfied, the application shall be granted and a license issued by the Licensing Agent. If the Licensing Agent determines that the public convenience and necessity will not be served by granting the application, the application shall be denied.
D. Issuance of a License. Unless otherwise specifically provided for herein, all licenses issued under this chapter shall be valid for a period of one year or a fraction thereof and shall expire on the last day of the calendar year in which the license is issued. Each such license shall consist of the following:
1. Pueblo County commercial solid waste hauler’s license issued by the licensing agent which must be carried at all times in the vehicle for which it is issued; and
2. A visible solid waste license sticker containing the motor vehicle license plate number of the vehicle for which a license is issued, that vehicle’s vehicle identification number, the expiration date of the license, and the attached month sticker. The solid waste license sticker must be affixed to the vehicle in the upper center portion of its windshield so as to remain visible at all times, and the sticker shall be used only on the vehicle for which it is issued.
E. Violations. Failure to comply with any provision of subsections (A) or (B)(5) of this section is a Class "A" solid waste offense punishable as provided under Section 8.12.070. Failure to comply with any provision of subsections (B)(3) or (D)(2) of this section is a Class "C" solid waste offense punishable as provided under Section 8.12.070.
F. Suspension or Revocation of License. Separately and/or in addition to the punishment set forth in subsection E of this section, the Licensing Agent may suspend or revoke all or part of a solid waste hauler’s license for violation of this section. Written notice of a suspension or revocation hearing shall be given the licensee at least ten (10) days in advance of the hearing. The notice shall set forth the alleged violation(s). After hearing such evidence and testimony as may be presented, the Licensing Agent may suspend or revoke or partially suspend or revoke a license, or may impose such conditions or compliance schedules on the licensee as are reasonable to meet the intent of this chapter.
Nothing herein shall be interpreted to limit or otherwise diminish the Licensing Agent’s authority to seek immediate injunctive relief when necessary to promote the public health, safety and general welfare. (Ord. 4 § 2, 1993)
 

 

 

8.12.040 Litter--Disposal.

A. It is unlawful and a nuisance for any person to dump, deposit or dispose of litter, or to accumulate or permit the accumulation of litter, on any occupied or vacant private or public lot or tract of land within the county, or upon any alley or sidewalk adjacent to such lot or tract of land, except that the owner or occupant of private property may maintain receptacles for collecting litter in such a manner that litter will be prevented from being carried away from such receptacle by the elements. Each such receptacle shall be covered by a tightly fitted lid, which under normal circumstances will retain the receptacle’s contents. Additionally, it is unlawful for any person to throw, sweep or deposit litter in or upon any street, sidewalk, alley or other public place within the county except in public receptacles or in authorized private receptacles for collection. The accumulation of litter in any street, sidewalk area, alley or other public place shall be presumed to have been caused or permitted by the owner or occupant of the abutting land. Litter thrown from a vehicle shall be presumed to have been thrown by the occupant if there is but one. If there is more than one occupant, it shall be presumed to have been thrown by the driver of the vehicle. If any litter is disposed of other than in compliance with this chapter, and the ownership of the litter can be ascertained from the contents thereof, the owner so ascertained may be prosecuted for such unlawful dumping, deposit or disposal of litter.
B. The owner of litter shall be responsible for the proper storage, removal, transportation and disposal of such litter until the litter has been disposed of in some legal manner. Such litter shall be disposed of as follows:
1. Any person may transport his or her own trash directly to a solid waste disposal site, provided the site accepts trash hauled directly thereto by such persons. It is unlawful and a violation of this chapter for any person to transport litter in a vehicle operated on any street or highway within the county in a manner which permits such litter to spill, leak, drop, scatter or be deposited from the vehicle, or without the load being adequately secured and enclosed or covered to prevent such litter from dropping, spilling, leaking or otherwise escaping from the vehicle. Any person transporting litter shall take precautions to prevent the leaking or scattering of such litter. Such precautions shall include, but not be limited to, equipping any vehicle used to transport litter under this section with an enclosed or covered body or putting the litter in sealed containers sufficient to prevent the contents thereof from escaping from the vehicle. For purposes of this section, an "enclosed or covered body" means the body of the vehicle used to transport trash is securely covered by the use of a tarpaulin or other means sufficient to prevent the escaping of trash. Any litter that may have leaked or have been scattered from a vehicle used by such person to haul his or own trash shall be immediately retrieved and the area restored to its previous condition. Failure to comply with this subdivision is a Class "C" solid waste offense punishable under Section 8.12.070.
2. Litter may be disposed of by legally depositing it in a suitable container provided for the use of the general public. Containers which are provided in any public place or facility for the disposal of litter are provided only for the purpose of disposal of litter and trash produced or generated upon or within that public place or facility or by activities lawfully conducted therein. It is unlawful and a violation of this chapter, for any person to deposit or dispose of litter which is produced or generated off the site of any public place or facility in any such container provided in any public place or facility for the disposal of litter. Additionally, it is unlawful and a violation of this chapter for any person to dispose of litter in any container maintained by another person for the disposal of litter unless the person has been granted permission to so use that container and such permission has not been rescinded, or unless the person is a business invitee of the person maintaining the container and is disposing of litter generated on the premises where the container is located. Persons placing litter in public or private containers shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property within the county. Failure to comply with this subdivision is a Class "C" solid waste offense punishable under Section 8.12.070.
C. No person shall dump, deposit or dispose of litter in the unincorporated area of the county except as provided herein. Failure to dump, deposit or dispose of litter as provided herein shall be a Class "A" solid waste offense punishable under Section 8.12.070. If any litter is disposed of other than in compliance with this chapter, and the ownership of the litter can be ascertained from the contents thereof, the owner so ascertained may be prosecuted for such unlawful dumping, deposit or disposal of litter. (Ord. 4 § 3, 1993)
 
 

8.12.050 Litter--Accumulation.

A. It is unlawful and a nuisance for any person to accumulate or permit the accumulation of litter, on any occupied or vacant private or public lot or tract of land within the county, or upon any alley or sidewalk adjacent to such lot or tract of land, except that the owner or occupant of private property may maintain receptacles for collecting litter in such a manner that litter will be prevented from being carried away from such receptacle by the elements. Each such receptacle shall be covered by a tightly fitted lid, which under normal circumstances will retain the receptacle’s contents. Additionally, it is unlawful for any person to throw, sweep or deposit litter in or upon any street, sidewalk, alley or other public place within the county except in public receptacles or in authorized private receptacles for collection. The accumulation of litter in any street, sidewalk area, alley or other public place shall be presumed to have been caused or permitted by the owner or occupant of the abutting land. It is unlawful for any person owning or occupying real property in the county or his or her agent to fail or refuse to remove all litter from such lot or tract of land including litter in the gutter in the front, and on the sides of, and to the center of the alley behind such lot or tract of land. All litter shall be removed from such lot or tract of land immediately upon the accumulation of the same. In the event litter should accumulate on any lot or tract of land in the county or upon any alley or sidewalk adjacent to such lot or tract of land, and such litter is not removed by the person owning or occupying such property, either of the following procedures may be instituted:
1. An officer shall give the owner of such litter or the owner, owners, tenant, tenants, occupant or occupants of the lot or tract of land upon which the litter has accumulated a notice and order to remove such litter within twenty (20) days from the date of the notice, or to appear before the Board within twenty (20) days to show just cause why the notice and order should not be enforced; or
2. Any resident of the county, or the Board upon its own motion, may cause such matter to be placed on the agenda for consideration at a regular meeting of the Board. In the event the Board determines that such condition does exist, it shall cause the Clerk to the Board to issue a notice and order to the owner of such litter or the owner, owners, tenant, tenants, occupant or occupants of the lot or tract of land in question, directing such person or persons either to remove such litter within twenty (20) days from the date of the notice, or to appear before the Board within the twenty (20) day period to show cause why the notice and order should not be enforced.
If the whereabouts of a property owner are unknown, and all reasonable efforts to discover his or her address have been unsuccessful, then service shall be by posting of notice in a conspicuous place upon the property for not less than thirty (30) days and by one publication of this notice in a newspaper published at least weekly within Pueblo County.
Failure to comply with the dictates and provisions of the twenty (20) day notice and order, whether issued by an officer or the Board, within the twenty (20) day period, shall constitute a violation of this subsection and shall be punishable as provided herein. Each day that such litter continues unremoved from the real property after the date of expiration of the twenty (20) day period without just cause having been shown why the notice and order should not be enforced shall constitute a separate violation of this subsection.
B. If litter has accumulated on any lot or tract of land in the county, or upon an alley or sidewalk adjacent to such lot or tract of land, and a twenty (20) day notice and order has been issued to the owner or owners of said lot or tract of land under the procedure provided in subsection A of this section, and such twenty (20) day period has passed with the owner or owners of the lot or tract of land failing to remove the accumulated litter, the Board, at its discretion, may provide for and compel the removal of the accumulated litter and assess the reasonable cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lot or tract of land from which such litter has been removed. The assessment shall be a lien against such lot or tract of land until paid and shall have priority over all other liens except those for general taxes and prior special assessments. In case such assessment is not paid within a period of one hundred eighty (180) days after notice of such assessment is provided to the owner or owners of the land in question, it may be certified by the Clerk to the Board to the County Treasurer who shall collect the assessment, together with the ten (10) percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of the state of Colorado for the assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection.
C. Before the Board may provide for and compel the removal of litter which has accumulated on any lot or tract of land in the county, it, or its designated representative, shall apply for an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which the litter shall be removed, and carry out such removal through the exercise of such warrant. At the time application is made for such warrant, the Board, or its designated representative, shall provide the county or district court having jurisdiction over property from which the litter shall be removed with the following:
1. A certified copy of Pueblo County Ordinance No. 4;
2. A sworn or affirmed affidavit stating the factual basis for such warrant;
3. Evidence that the property owner or owners have received notice of the violation and have failed to remove the litter within a reasonable prescribed period of time;
4. A general description of the location of the property which is the subject of the warrant; and
5. A general list of any litter to be removed from such property, and the proposed disposal or temporary impoundment of such litter, whichever the court deems appropriate.
Within ten (10) days following the date of issuance of an administrative entry and seizure warrant, the warrant shall be executed in accordance with the directions of the issuing court. A copy of the issued warrant shall be provided or mailed to the property owner or owners, and proof of the execution of such warrant, including a written inventory of any property impounded by the executing authority, shall be submitted to the court by the executing authority.
D. Any notice required by any provision of this section may be served by personal service, or by registered or certified mail, return receipt requested, delivered to addressee only. Service shall be complete on the date the addressee signs the return receipt or refuses to accept delivery of the letter. The addressee’s refusal shall be presumed from the return of the letter evidencing a notation by the postal authorities that service was refused. The notice provisions of this section apply only to this section, and shall apply to no other section of this chapter. Failure to comply with any provision of this section is a Class "B" solid waste offense punishable as provided under Section 8.12.070. (Ord. 4 § 4, 1993)

 

8.12.060 Administration.

A. Exceptions. The provisions of this chapter shall not apply to the following:
1. Industrial tracts of ten (10) or more acres and agricultural lands currently in agricultural use as that term is defined in Section 39-1-102(1.6), C.R.S.;
2. To the transportation of sludge and fly ash or to the transportation of hazardous materials, as defined in the rules and regulations adopted by the chief of the Colorado State Patrol pursuant to Section 43-6-104(1), C.R.S.; and
3. To the transporting of ashes, trash, solid waste, rubbish, garbage, or industrial waste products or any other discarded materials which are collected by a city, county, city and county, town, or other local subdivision within its jurisdictional limits, provided every vehicle so engaged in transporting the discarded materials has conformed to vehicle standards at least as strict as those prescribed in this chapter.
B. Nothing contained in this chapter shall be construed so as to hold the county of Pueblo, Colorado, or the Pueblo City-County Health Department, their respective officers, agents or employees, or any other person authorized to enforce the provisions of this chapter responsible for any damage to persons or property or for any accident that may arise in connection with the administration and enforcement of this chapter. No person shall interfere with or hinder the Board of County Commissioners, the Pueblo City-County Health Department or their authorized representatives, or any officer as that term is defined herein, in the discharge of their respective duties as herein prescribed. Any such interference shall constitute a Class "A" solid waste offense, and any person violating this chapter will be subject to the penalties set forth herein.
C. This chapter shall be in full force and take effect immediately on August 11, 1993. (Ord. 4 § 5, 1993)
 

 

 

8.12.070 Enforcement--Penalties.

A. The provisions of this chapter shall be enforced by an officer as that term is defined in Section 8.12.010. Any person who violates any provision of this chapter commits a Class 2 petty offense as defined in Section 18-1-107, C.R.S., as amended, and shall be fined in accordance with the graduated fine schedule contained in subsection B of this section.
The Board adopts the penalty assessment procedure provided in Section 16-2-201, C.R.S., as amended, and any officer enforcing the provisions of this chapter is authorized to follow and use the penalty assessment procedure.
B. Each violation of any provision of this chapter shall constitute a separate violation hereof. The following shall be the schedule of fines imposed for violations of the provisions of this chapter:
1. First violation:
 

Class
Fine
A
$150.00
B
$50.00
C
$25.00
 
2. For any second violation by the same person of any provision of this chapter within five years after a previous violation:
 

Class
Fine
A
$250.00
B
$150.00
C
$50.00
 
3. For three or more violations by the same person of any provision of this chapter within any five-year period:
 

Class
Fine
A
$300.00
B
$300.00
C
$100.00
 
C. All fines and forfeitures for the violation of this chapter and all moneys collected for licenses or otherwise pursuant to the terms of this chapter, shall be paid to and retained by the Pueblo City/County Health Department. (Ord. 4 § 6, 1993)