Article II Solid Waste Collection and Disposal

Pay-As-You-Throw, and Universal Recycling

A. Hauler Licensing Requirements. The below administrative regulations should be read in conjunction with the municipal code, title 4, chapter 16 located at https://breckenridge.town.codes/Code/4_Ch16.

1. Licensed haulers shall assess volume-based service rates for the total cost of residential trash and recyclables collection exclusive of any surcharges based on the trash container size. Licensed haulers may establish any base unit rate for the small trash service level and shall establish rates that incrementally increase the base unit rate by no less than eighty percent (80%) for the medium service level and by no less than one hundred and sixty percent (160%) for the large service level. Haulers are permitted to show the cost of service by line item, but the service offering and cost must be displayed and billed as a bundled product.

a. Volume-Based Service Rate example – if the Licensed Hauler Base Unit Rate is $20/month for Trash and Recyclables collection, the Medium Trash Container service level shall no less than $36/month and the Large Trash Container service level shall be no less than $52/month

b. Volume-Based Service Rate example – if a Generator opts to have two Large Trash Containers with the pricing used in the example above the monthly rate would be no less than $104 for Trash and Recyclables collection

2. All volume based pricing shall be published on the licensee’s website and easily accessible for customers located within the Town of Breckenridge.

3. If a licensee provides trash collection to a commercial customer, the hauler must also provide recycling containers with a service equivalency of at least fifty percent (50%) the size of trash service when container number, size and collection frequency are considered, and shall have discretion to establish separate rates for recycling.

a. Commercial recycling container example – if entity has a 6-cubic yard trash container collected twice/week, the licensed hauler shall provide at least the equivalent of a 6-cubic yard recyclables container collected once/week

b. Commercial trash compactor example - the recyclables container capacity shall be at a minimum equal to the volume of the trash compactor charge box or 8 cubic yards collected at the same equivalency of the trash compactor, whichever is smaller

4. A licensee shall provide separate containers for glass and/or organics upon request of a commercial customer and shall have discretion to establish separate rates for such services; provided, however, a licensed hauler shall provide glass recycling service to commercial businesses that have mandatory requirements to recycle glass under title 5, chapter 6 (e.g. restaurants, bars, taverns, tap houses).

5. A licensee shall notify all customers of the municipal code and these regulations on an annual basis by electronic mail or by delivering a hard copy to the customer account or as otherwise provided below:

a. Notices and guidelines for group accounts may be sent to the group account representatives provided that such notice identifies the representatives’ obligation to notify all individual customers of the service of the provision of recyclables collection service.

b. All customers shall receive a written service notification of service options including specifications of customer-provided containers, residential and commercial collection rates, collection frequency, service surcharges (if any) and any other costs for extra services upon initial provision of service, within thirty (30) days prior to any rate change and annually by December 31st of each year.

6. Licensed Haulers shall provide written communications to customers at least 3 times per year with educational materials for the safe and effective separation of recoverable materials that is developed jointly with licensed haulers.

7. Licensed haulers shall maintain a website that includes current residential and commercial collection options and list of recyclables accepted at the SCRAP recycling facility.

8. All Containers provided by licensed haulers shall be labelled with current licensed hauler name and contact information - any other information shall be removed or covered.

9. Recyclable containers regardless of whether provided by the licensed hauler or customer shall include conspicuous and durable signage provided by Summit County that describes acceptable and unacceptable recyclables – any outdated information shall be removed or covered.

10. All labels shall be weather-resistant and conspicuously placed and maintained (replaced as needed).

11. If a Licensed Hauler elects to perform collection of Solid Waste including Recoverable Materials through subcontractors or agents, such relationship shall not relieve said hauler of the responsibility for compliance with these Regulations. Any subcontractor or agent shall also be a Licensed Hauler.

12. Upon a request from any Customer, licensed haulers shall provide wildlife-resistant containers of the same size as their trash container, locking device or similar mechanism. Nothing in these regulations prevents the licensed hauler from assessing additional fees for wildlife-resistant trash container rental or service provided such costs are itemized on each customer bill.

13. A licensed hauler shall provide a customer with a container the next size up in capacity and shall impose new rates according to the size of the container should the customer overload a container more than three times after receiving notice from the hauler. Overloading a container means that it does not fully close or allows trash outside of the container unless the licensee accounts for and bills the customer for all trash located outside the container at a rate that is at least equal to the cost of the container service level; any container so managed shall be prominently affixed with a tag provided by Summit County identifying it as overloaded at the time of service.

14. At the time a solid waste hauler applies or renews a BOLT license, a licensed hauler shall submit through the Town’s online portal the fillable form for an annual report to Public Works that contains the following information at time of reporting:

a. Number of regular residential accounts

b. Volume based pricing options and rates

c. Number of group accounts

d. Number of valet and on-call accounts

e. Number of commercial accounts

f. Number of commercial accounts with glass service

g. Number of commercial accounts with compost service

a. Service to Residential Customers. No later than February 1, 2023, rates for 2023 must be published and shared with the Public Works Director.

B. Commercial Generator Requirements. The below administrative regulations should be read in conjunction with the municipal code, title 5, chapter 6 located at https://breckenridge.town.codes/Code/5_Ch6.

1. After recycling service begins at a property, commercial generators shall comply with 5-6-12 section C.

2. Owners of commercial or multifamily properties and management companies are responsible for ensuring tenants, residents, and guests know how to correctly use recycling services, it is essential that tenants, residents and guests:

a. Know that recycling services exist

b. Know the location(s) of dumpsters and containers

c. Are educated regularly

3. Property maps depicting the locations of required services must be provided. Owners and managers may choose to have trainings conducted by a third party approved by the Town.

C. Variances and Waivers. A variance or waiver from the recycling requirements of these regulations may be granted upon receipt of a completed application and supporting documentation from a residential or commercial generator or licensed hauler and approval by the Public Works Director or their designee. All forms can be found and submitted online at www.sustainablebreck.com. Applicants with space constraints that preclude the Zero Waste ordinance must provide a description and photograph(s) of the area. Prior to granting a variance or waiver based on space constraints, the Town reserves the right to conduct an on-site inspection.

1. Variances may be approved to temporarily modify the recycling requirements of these regulations and waivers may be approved to temporarily exempt compliance. The first variance or waiver will be issued for a maximum period of two (2) years, at which time full compliance shall be required unless a new variance or waiver is requested and approved for an additional six (6) months for a total of two and a half (2.5) years. The Public Works Director may issue variances or waivers for the following:

i. At or below 80% AMI and/or proof of SNAP benefit eligibility

i. Whose premises have extreme space constraints

ii. Whose available recyclable container space is not safely serviceable - which shall mean significantly less safe to service than the customer’s trash container

iii. Who would violate another town code or regulation, or state of federal regulation if required to separate recyclables or glass for collection

iv. Who do not generate reasonable quantities of recyclables or glass - which shall mean less than one (1) Large Recyclables Container is collected once per week for either material

v. Multi-Family Properties that include more than 70% accommodation units by number of accommodation unit license may have a reduced recyclables container volume capacity equal to 25% of trash container capacity

vi. Multi-Family Properties that include more than 70% deed restricted units

c. Any other good cause approved by the Public Works Director

D. Permanent Exemptions. The following individuals or entities are exempted from the provisions of these regulations but may be required to provide documentation to verify eligibility for this exemption provided that all recoverable material is delivered to the Summit County Resource Allocation Park:

1. Residential or commercial generators who self-haul trash, or who transports solid waste for another individual without compensation. Such entities have no curbside service of any kind.

2. On-call customers with trash collection less than once per calendar month – when trash collection service increases to more than once in any calendar month, on-call customers shall be subject to the commercial recycling requirements as described in these regulations

3. A civic, community, benevolent or charitable non-profit organization whose primary business is not the collection of Solid Waste that collects, hauls and markets Recoverable Materials solely for raising funds for a charitable, civic or benevolent activity

4. A property owner or agent thereof who hauls Solid Waste left by a tenant upon such owner’s property so long as such property owner does not provide collection service for compensation for tenants on a regular or continuing basis

5. Furniture or appliance vendors and their delivery agents who deliver furniture or appliances sold by such vendor and dispose of the purchaser’s used furniture or appliances being replaced by such purchase

6. A demolition, construction or landscaping contractor who produces and transports Solid Waste in the course of its performance of a project, where the Solid Waste produced is incidental to the particular demolition, construction or landscaping work being performed by such contractor

7. Haulers engaged solely in the transport of discarded materials that are expressly excluded from the definition of Solid Waste in this ordinance and regulations promulgated hereunder

8. Property owners that share collection services with one or more neighboring properties

9. A licensed hauler is exempt from providing volume-based service rates and trash collection requirements to an individual or entity that generates only recyclables placed curbside for pick up.

10. Any other individuals or entities deemed exempt in writing by the Public Works Director

a. Until December 1, 2023, rebates are available up to $45 per container for the cost of downsizing residential trash containers and for adding recycling containers in order to comply with the ordinance. In an effort to save on cost and transportation efficiency, there may be a central container swap event or events where residents can swap out containers for downsizing service. Rebates for upsizing service are not available.

a. For residential customers at or below 80% AMI and/or proof of SNAP benefit eligibility, there is direct payment assistance for the difference in service cost after implementation of volume based pricing for up to three (3) months provided that:

b. The resident added recycling service where they didn’t have it before, or

c. The resident has downsized trash service, and

d. The cost of the combined trash and recycling exceeds the amount the resident was paying for the six (6) months preceding PAYT, excluding surcharges.

e. Direct payment assistance will cover the difference in service. Documentation will be required.

a. Should a commercial property require capital improvements to comply with the regulations, a grant application can be made for financial assistance. Grants will be available on a first come, first served basis until funds are exhausted. Maximum grant request is $2,500.

F. Authority to Impose Conditions. The public works director may impose such reasonable terms and conditions on a variance, waiver, rebate or grant permit as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of these regulations and applicable law.

G. Decision By Public Works Director. The public works director must approve, deny, or conditionally approve a completed application for waiver, variance, or hardship assistance within 30 days of the receipt of such application, unless, by written notice to the applicant, the decision period is extended for an additional 10 days. The deadlines imposed by this subsection may be extended with the written consent of the applicant.

If an application for hardship is denied, the public works director must clearly set forth in writing the grounds for denial and, where feasible, propose measures to cure the defects in the application.

If an application is conditionally approved, the public works director must clearly set forth in writing the conditions of approval.

The public works director will notify the applicant of his or her decision on the application within 3 days of rendering the decision. Notice shall be given by mailing a copy of the public works director’s decision to the applicant by electronic notice.