PUBLIC HEALTH AND SANITATION - SOLID WASTE DISPOSAL

Colorado Springs City Code ch. 6, art. 3

in effect

Colorado Springs City Code § 6.3.101 DEFINITIONS

6.3.101: DEFINITIONS: The City hereby adopts by reference those definitions promulgated by the Colorado Department of Public Health and Environment pursuant to the "Solid Waste Disposal Sites And Facilities Act", part 1 of article 20 of title 30, Colorado Revised Statutes, and published in the Code of Colorado Regulations at 6 CCR 1007.2, and any subsequent amendments thereto. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.102 RULES AND REGULATIONS

6.3.102: RULES AND REGULATIONS: The City hereby adopts by reference the part A rules and regulations relating to waiver processes and procedures and minimum standards, and the part B rules and regulations promulgated by the Colorado Department of Public Health and Environment pursuant to the "Solid Waste Disposal Sites And Facilities Act", part 1 of article 20 of title 30, Colorado Revised Statutes, and published in the Code of Colorado Regulations at 6 CCR 1007.2, and any subsequent amendments thereto. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.103 CERTIFICATE OF DESIGNATION; REQUIREMENT OF

6.3.103: CERTIFICATE OF DESIGNATION; REQUIREMENT OF: It shall be unlawful for any person to own, operate, construct, or modify a solid waste disposal site or solid waste disposal facility in the City without first having obtained a certificate of designation from the City pursuant to the requirements of this article. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.104 CERTIFICATE OF DESIGNATION; APPLICATION FOR

6.3.104: CERTIFICATE OF DESIGNATION; APPLICATION FOR: A. Any person who proposes to own, operate, construct, or modify a solid waste disposal site or disposal facility or combination thereof shall make application or amended application to City Planning. The application or amended application shall be presented on a form approved by the City Planning. The application or amended application shall be accompanied by a nonrefundable fee of three hundred dollars ($300.00), and shall set forth at minimum the location and type of site or facility; the type of processing to be used, such as sanitary landfill, composting or incineration; the hours of operation; the method of supervision; the rates to be charged, if any; and other information as may be requested of the applicant by the City for purposes of evaluating compliance with the rules and regulations pertaining to the approval of an application or amended application for a certificate of designation. The application or amended application shall also include an engineering design and operations report which includes, but is not limited to, geological, hydrological, engineering, and operational data for the design, operation, closure, and postclosure of the facility. This information shall be prepared in accord with Colorado Department of Public Health and Environment regulations and all requirements of this article. B. City Planning shall refer the applications or amended applications to the Colorado Department of Public Health and Environment within five (5) working days for review and for recommendation as to approval or disapproval. Review by the City and the Colorado Department of Public Health and Environment shall be concurrent. C. City Planning shall review the application or amended application for certificate of designation, and after receiving comments from various other City departments, the City Planning shall recommend approval or denial or request additional information relating to the application or amended application based upon applicable laws, rules, and regulations. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.105 CERTIFICATE OF DESIGNATION; REFERRAL TO PLANNING COMMISSION

6.3.105: CERTIFICATE OF DESIGNATION; REFERRAL TO PLANNING COMMISSION: Upon recommendation of approval by the Colorado Department of Public Health and Environment, City Planning shall refer the application or amended application to the Planning Commission. The Planning Commission, after giving public notice, shall hold a public hearing relating to the application or amended application. The Planning Commission shall comply with the notice and hearing requirements of sections 104(3)(a) and (b) of article 20 of title 30 Colorado Revised Statutes. The Planning Commission shall render its decision on the application or amended application and either approve, deny, or modify the recommendation made to it by City Planning. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.106 CERTIFICATE OF DESIGNATION; FACTORS TO BE CONSIDERED

6.3.106: CERTIFICATE OF DESIGNATION; FACTORS TO BE CONSIDERED: In reviewing an application or amended application for a certificate of designation, the Planning Commission shall include, but not limit, consideration to a review of the following factors: A. The effect that the solid waste disposal site or facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; B. The convenience and accessibility of the solid waste disposal site or facility to potential users; C. The ability of the applicant to comply with the health standards and operating procedures required by this article and by the "Solid Waste Disposal Sites And Facilities Act", part 1 of article 20 of title 30, Colorado Revised Statutes, and the regulations promulgated thereunder by the Colorado Department of Public Health and Environment found at 6 CCR 1007.2. D. Recommendations by the various departments and divisions of the Health Department. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.107 CERTIFICATE OF DESIGNATION; POWER TO ISSUE; APPEALS

6.3.107: CERTIFICATE OF DESIGNATION; POWER TO ISSUE; APPEALS: A. Upon favorable recommendation by the Planning Commission, the application shall be granted and the certificate of designation issued by City Planning. The certificate of designation shall not be issued by City Planning until the period for appeal under chapter 7 of this Code expires. B. In accord with chapter 7 of this Code, the applicant or any person may appeal to the City Council any action of the Planning Commission in relation to this article where the action was adverse to the person by filing with the City Clerk a notice of appeal. C. In the event that an appeal from an action of the Planning Commission to City Council is filed, City Planning shall not issue a certificate of designation unless the City Council approves the issuance of the certificate of designation. D. For any action appealed to the City Council, the provisions of chapter 7 of this Code, shall apply. E. When hearing an appeal under this section, the City Council shall include, but not limit, consideration to a review of the factors listed in section 6.3.106 of this article. F. City Planning shall not issue a certificate of designation if the Colorado Department of Public Health and Environment has recommended disapproval. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.108 EXISTING SOLID WASTE SITES AND FACILITIES

6.3.108: EXISTING SOLID WASTE SITES AND FACILITIES: No existing solid waste site or facility which is operating pursuant to a valid certificate of designation shall be deemed to be in violation of any provision of this article due to any failure to comply with application procedures which are enacted subsequent to the issuance of the certificate of designation. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.109 EXEMPTIONS

6.3.109: EXEMPTIONS: Obtaining a certificate of designation under the provisions of this article shall not be necessary for: A. Those sites and facilities at which any person, other than a governmental unit, disposes of personal solid wastes on his or her own property so long as the disposal operation complies with the "Solid Waste Disposal Sites And Facilities Act" and the applicable regulations published in the Code of Colorado Regulations at 6 CCR 1007.2. B. Those facilities for solid waste disposal at which any person engaged in mining operations permitted by the Colorado Mined Land Reclamation Board, pursuant to the "Colorado Mined Land Reclamation Act", part 1 of article 32 of title 34, Colorado Revised Statutes, as amended, and its regulations performs solid waste disposal mining or other solid wastes generated by the operations within the permitted area for the operations. C. Those solid waste disposal sites and facilities, including processing facilities, operated to process, reclaim, or recycle recyclable materials which are not materials that are likely to create environmental damage or create off site odors as a result of processing, reclaiming, recycling, or storage prior to recycling. The standards set forth in section 8 of the Colorado Department of Public Health and Environment regulations pertaining to solid waste disposal sites and facilities published in the Code of Colorado Regulations at 6 CCR 1007.2 shall be applicable. D. Those sites where sludge is used beneficially as fertilizer, soil conditioner, fuel or livestock feed, provided the sludge is certified to have met all applicable regulations of the Colorado Department of Public Health and Environment and the Colorado Department of Agriculture. E. Those facilities for hazardous waste disposal that have been issued a certificate of designation pursuant to parts 1, 2, and 3 of article 15 of title 25, Colorado Revised Statutes, as amended, and the applicable regulations. F. Transfer stations, which shall not be deemed to be a solid waste disposal site or facility, shall not require a certificate of designation and shall meet standards as set forth in section 7 of the Colorado Department of Public Health and Environment regulations pertaining to solid waste disposal sites and facilities published in the Code of Colorado Regulations at 6 CCR 1007.2. Solid waste disposal sites and facilities that are exempted from certificate of designation requirements under the provisions of this section shall comply with the applicable standards promulgated by the Colorado Department of Public Health and Environment pursuant to the "Solid Waste Disposal Sites And Facilities Act", part 1 of article 20 of title 30, Colorado Revised Statutes, and published in the Code of Colorado Regulations at 6 CCR 1007.2, and any subsequent amendments thereto, unless permitted or operated in compliance with regulations pursuant to the "Colorado Mined Land Reclamation Act", article 32 of title 34, Colorado Revised Statutes, as amended, or the "Hazardous Waste Act", parts 1, 2, and 3 of article 15 of title 25, Colorado Revised Statutes, as amended. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.110 INSPECTIONS

6.3.110: INSPECTIONS: The City may inspect solid waste disposal sites and facilities for compliance with this article. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.111 PUBLIC NUISANCE

6.3.111: PUBLIC NUISANCE: Any solid waste disposal site or facility which is operated or closed in violation of any provision of this Code or any rule or regulation implemented thereunder shall be deemed a public nuisance and may be abated. (Ord. 94-21; Ord. 01-42)

Colorado Springs City Code § 6.3.112 SUSPENSION OR REVOCATION OF CERTIFICATE

6.3.112: SUSPENSION OR REVOCATION OF CERTIFICATE: The City, in accord with the notice and order procedure below, may revoke or temporarily suspend a certificate of designation that has been granted by it for failure of a site or facility to comply with all applicable laws, regulations, and ordinances, or conditions of the certificate of designation. A. Notice And Order: The Code enforcement office may commence suspension or revocation proceedings to suspend or revoke a certificate of designation by issuing a notice and order to the owner or operator of a solid waste disposal site or facility, or to an agent of the owner or operator. B. Requirements Of Notice And Order: The notice and order shall: 1. Be in writing; 2. Be personally served whenever feasible on the owner or operator of a solid waste disposal site or facility, or to an agent of the owner or operator, or when the personal service is not feasible, either posted conspicuously at the solid waste disposal site or facility or mailed by certified mail, return receipt requested, to the owner or operator's last known address; 3. Describe with reasonable particularity the condition existing at the solid waste disposal site or facility which gives rise to the issuance of the notice and order; 4. Specify a reasonable period within which the condition must be abated or otherwise corrected; and 5. State that an appeal is available to the Planning Commission provided written application therefor is made within ten (10) days of service or posting or receipt of the notice and order. C. Appeal Of Notice And Order; Hearing: 1. All appeals of notice and orders under this section shall be in accord with the requirements of the City's Zoning Code. 2. At any hearing held pursuant to this section, the person requesting the hearing shall have the burden of establishing the impropriety of the notice and order by proving that the condition described therein does not exist at the site or facility or that the condition does not violate any provision of any applicable law, regulation, resolution, ordinance or condition of the certificate of designation. (Ord. 94-21; Ord. 01-42; Ord. 03-15)

Source: City of Colorado Springs, Colorado, City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/coloradospringsco/latest/coloradosprings_co/0-0-0-6675Fetched: 11/1/2026