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The town council adopts this chapter based upon the following findings of fact:

A. The town is a home rule municipality with those powers authorized by article XX, section 6, of the Colorado constitution.

B. The Colorado general assembly has declared that the proper disposal of solid waste is a matter of mixed statewide and local concern. "Optimal solid waste management ... should include ... local efforts ... focused toward the reduction of the volume ... of the waste stream ... through source reduction, recycling, composting, and similar waste management strategies." The general assembly also recognized that "improper disposal of solid wastes poses significant public health risks, environmental hazards, and long term liability for the citizens of the state." Section 30-20-100.5, C.R.S.

C. The town is empowered by section 31-15-401(1)(d)(I), C.R.S., "[t]o provide for and compel the removal of ... rubbish of all kinds from lots and tracts of land within such municipalities ... upon such notice, and in such manner as such municipalities prescribe by ordinance ..."

D. The town is empowered by section 30-20-107, C.R.S., to designate and approve by ordinance a solid waste disposal site and facility as its exclusive solid waste disposal site and facility, and thereafter such site and facility shall be used for the disposal of discarded solid waste generated from within its jurisdiction.

E. The town is authorized by section 31-15-103, C.R.S., "to make and publish ordinances not inconsistent with the laws of this state, from time to time, for carrying into effect or discharging the powers and duties conferred by this title, which are necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of such municipality and the inhabitants thereof not inconsistent with the laws of this state."

F. The Summit County Resource Allocation Park ("SCRAP") is the only licensed solid waste disposal facility located in Summit County and is operated by the county in conjunction with the county's recycling, composting, and other solid waste management programs and facilities on county owned property within the Summit County Resource Allocation Park planned unit development.

G. The town has the legal authority to adopt ordinances regulating solid waste disposal, including the performance of solid waste hauling services in the town.

H. Persons or companies in the business of hauling discarded solid waste, including recyclable materials, within the town, through their collection and transportation activities, are able to supply the town with information necessary for long term solid waste management planning and therefore should be required to submit annual information about their hauling activities to the town.

I. The town has entered into an intergovernmental agreement regarding collection, transportation and disposal of solid waste in Summit County, Colorado, dated January 24, 2017, in order to cooperate in the development and implementation of a licensing and regulation program regarding the provision of trash hauling services and other community environmental and solid waste management goals stated therein.

J. As required by section 30-20-107, C.R.S., prior to adopting this chapter the town council held a public hearing to review the disposal method to be used at the Summit County Resource Allocation Park (SCRAP), as well as the fees to be charged for such disposal method. The town council finds such disposal method and fees to be reasonable and necessary and in the best interest of the public health, safety, and welfare. (Ord. 5, Series 2017; amd. Ord. 24, Series 2022)