ORDINANCE NO. 2020-02
TITLE: AN ORDINANCE FOR THE LICENSING AND REGULATION OF THE COMMERCIAL TRANSPORT AND DISPOSAL OF REFUSE WITHIN THE UNINCORPORATED AREA OF CHAFFEE COUNTY, REPEALING ALL PRIOR ORDINANCES CONCERNING THE MATTER AND PROVIDING PENALTIES FOR VIOLATION OF SUCH ORDINANCE.
A. §30-15-401, C.R.S. empowers boards of county commissioners to provide for and compel the removal of garbage and trash within the unincorporated area of each county and to license and regulate persons engaged in the business of transporting and disposing of garbage and trash within the unincorporated area of the county.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF CHAFFEE COUNTY COLORADO:
Section 1. Definitions. For purposes of this ordinance:
a. “Board” means the Board of County Commissioners of Chaffee County.
b. “Garbage” means all wastes capable of decomposition or decay, except sewage and sludge, and includes all such substances from public and private establishments and from all residences.
c. “Refuse” means an accumulation of garbage or trash or both.
d. “Trash” means all non-putrescible wastes, except fly-ash, and includes ashes, waste, rubbish, industrial waste products or any other discarded materials.
Section 2. License Required; Commercial Refuse Hauling. No person shall engage in the business of transporting or disposing of garbage or trash in exchange for monetary compensation within the unincorporated area of Chaffee County without having procured a license therefor from the County Clerk and Recorder. Nothing in this section shall be deemed to preclude the owner or tenant of any lot or tract from removing discarded materials from their lot, or any person or entity engaged in the construction trades from removing construction debris that has been generated by their performance of construction services from lots where they are providing said construction services, so long as appropriate standards of safety and health, as determined by the Board, are observed. No license issued pursuant to this ordinance shall grant an exclusive territory or regulate rates for the transportation or disposal of refuse.
Section 3. License Prerequisites. Before a license to transport or dispose of refuse may be issued, an applicant shall meet the following requirements by the presentation of certified copies of documents and inspection of documents and equipment by the licensing official or his agent:
a. Equipment Required. Each vehicle to be used in such transportation or disposal shall be equipped with, at a minimum, the following:
(1) A permanent cover or canvas or equally suitable or superior material designed to cover the entire open area of the body of such vehicle.
(2) A body so constructed as to be permanently leak-proof as to such discarded materials, and as to prevent the loss of any of the contents therefrom.
(3) Extensions of sideboards and tailgate, if any, constructed of permanent materials.
(4) All compaction vehicles are regularly maintained to ensure that compaction blades move freely, hopper plugs and seals are in place, in good condition (not cracked), and are leak-proof.
b. Insurance. For each licensed vehicle, an applicant shall provide evidence of a motor vehicle liability insurance policy issued by an insurance carrier or insurer authorized to do business in the State of Colorado in the sum of not less than $ 150,000.00 for damages for or an account of any bodily injury to or the death of each person as the result of any one accident, in the sum of not less than $150,000.00 for damages to the property of others as the result of any once accident, and in the total sum of not less than $400,000.00 for damages for or on account of any bodily injury to or the death of all persons and for damages to the property of others. These Certificates of Insurance shall also contain a valid provision or endorsement that these policies may not be canceled, terminated, changed or modified without thirty days written notice to the County. Any liability for failure to comply with the requirements of this paragraph 3 b. shall be borne by the individual, partnership, or corporation who owns such vehicle.
Section 4. License Application. Initial application or renewal application for a refuse hauler’s license shall be made to the county Finance Department on the appropriate form, which shall include certification by the applicant that it has met all of the requirements for licensure stated herein. The Finance Department shall issue it upon the applicant’s satisfying the requirements of Section 3 herein, and upon payment of an annual license fee of $ 50.00 and $ 25.00 per vehicle as identified in section 3 herein. All license fees shall be paid in full and shall accompany the application for license.
Section 5. Expiration, Suspension, Revocation.
a. Licenses shall expire on December 31 annually and shall not be apportioned or prorated for a fraction of a year.
b. The license shall be suspended or revoked when any licensed refuse hauler fails to comply with or is being used contrary to or in violation of the rules and regulations posted at the County Waste Disposal Facility, or when such licensed refuse hauler no longer satisfies the requirements of Section 3 of this ordinance.
c. The license shall not be transferable. A transferee shall make new application for license under Section 4 herein.
Section 6. Vehicle Identification. Each vehicle used by a licensee shall be plainly marked, both sides of vehicle, in letters not less than two and one-half inches in height, with the following:
“Refuse Hauler License No.__________”
Section 7. Licensed Refuse Hauler Responsibilities.
A. All licensed refuse haulers operating in Chaffee County, CO shall be responsible for ensuring that all refuse transported is unloaded only at facilities authorized to accept the type of waste being transported. Off-loading at an unauthorized location or facility is a violation of this Ordinance.
B. All licensed refuse haulers operating in Chaffee County shall comply with any requirements imposed by their license application and the facility at which refuse is to be disposed.
C. All licensed refuse haulers shall maintain records for a minimum of three years to document that refuse was unloaded at authorized facilities. Upon the request of a County Official charged with the enforcement of this Ordinance, including the Chaffee County Landfill Director, a licensed refuse hauler shall provide documentation, including billing records, showing the destination of all collected refuse and showing that proper disposal procedures are being followed.
D. Each licensed refuse hauler delivering refuse to a facility shall immediately remove any non-allowable refuse delivered to the facility or, at the option of the facility operator, pay an applicable surcharge to have the facility operator remove the non-allowable refuse.
E. If non-allowable refuse is discovered in a load of refuse being discharged at a facility, the licensed refuse hauler shall immediately take all necessary steps to determine the origin of the non-allowable refuse and to assure that non-allowable refuse is either not collected or is taken to a facility approved to accept such refuse.
F. If any County Official charged with the enforcement of this Ordinance, including the Chaffee County Landfill Director, determines that any licensed refuse hauler has violated any of the foregoing responsibilities, the Official shall have the authority to summarily suspend the licensed refuse hauler’s Chaffee County license, pending an informal administrative hearing before the Landfill Director. The hearing shall be held no more than 28 days following the summary suspension of the license. At the hearing, the Landfill Director shall decide whether the license should 1) be further suspended; 2) be reinstated with conditions designed to ensure no further violations; 3) subject to a combination of 1) and 2), above; or 4) be immediately reinstated. This administrative hearing process shall be in addition to, and independent from, any other process provided for by this Ordinance.
G. No licensed refuse hauler shall continue to operate in Chaffee County in the event its license has lapsed and not been renewed. In the event any refuse hauler operates for compensation without an active license, it shall, in addition to any other penalties which may be imposed, be subject to an administrative penalty of $100.00, which shall be due prior to the renewal of its license to haul refuse in Chaffee County.
Section 8. Effective Date, Transition Period. This Ordinance shall take effect on January 1, 2021. This ordinance supersedes all prior Chaffee County Ordinances regulating the licensure of refuse haulers within Chaffee County, CO including, without limitation, ordinance #82-1. All refuse haulers presently engaged in the business of transporting or disposing of refuse in the unincorporated area of Chaffee County shall comply with the provisions of this ordinance no later than the effective date.
Section 9. Penalty. Any violation of the provisions of this ordinance by an individual or entity that engages in commercial refuse hauling commits a class 2 petty offense, and, upon conviction or confession of guilt thereof, shall be punished by a fine of not more than $1,000.00 for each separate violation, plus a surcharge of $10.00, under Section 30-15-402(2) C.R.S. Fines are to be set by the County Court, unless the violator wishes to confess guilt and, pursuant to the penalty assessment procedure, pay a fine in the amount of $300.00 (provided the violator has obtained a permit within thirty days of notice of violation being sent by the County) or $700.00 if the violator fails to obtain a permit within thirty days of notice of violation, plus the $10.00 surcharge.
Section 10. Enforcement. The provisions of this ordinance shall be enforced by the Chaffee County Sheriff’s Department and the Chaffee County Landfill Director, as set forth herein.
Section 11. Disposition of Fines. All fines imposed and collected for the violation of this ordinance, except the surcharge, shall be paid into the general fund of Chaffee County.
Section 12. Severability Clause. If any of the various provisions of this ordinance are determined by a court of law to be invalid, such determination shall not affect the remaining provisions of this ordinance.
ADOPTED AND APPROVED by the Chaffee County Board of County Commissioners on July 21, 2020.
BOARD OF COUNTY COMMISSIONERS
/s/ Greg Felt
Greg Felt, Chairman
The vote on the above Ordinance was as follows:
Commissioner Greg Felt: Aye
Commissioner Keith Baker: Aye
Commissioner Rusty Granzella: Aye
STATE OF COLORADO, CHAFFEE COUNTY
The above is a true and correct record of Ordinance 2020-02 duly adopted by the Chaffee County Board of County Commissioners by a 3-0 vote at a regular meeting, properly noticed and held on July 21, 2020, at least ten days following introduction and reading of the proposed ordinance on July 7, 2020, and publication of the proposed ordinance on June 22, 2020 in The Mountain Mail and on June 25, 2020 in the Chaffee County Times.
/s/ Lori Mitchell
Chaffee County Clerk SEAL
Notice of Adopted Ordinance Published in The Mountain Mail on July 28, 2020, and the Chaffee County Times on July 30, 2020.