As used in this Article, the terms shall have the same definitions as provided in Section 30-20-101, C.R.S., unless the context otherwise requires.

(Ord. 377 §1, 1990)

It is unlawful for any person to locate or operate a solid wastes disposal site and facility within the City without first applying for and obtaining, and thereafter complying with all provisions of, a certificate of designation from the City Council.

(Ord. 377 §1, 1990)

(a)

Any person desiring to operate a solid wastes disposal site and facility within the City shall make application to the City Council for a certificate of designation, and any person seeking to have transferred, or to amend any provision of, a previously issued certificate of designation, shall make application to the City Council for an amendment to or transfer of the certificate of designation. Any such application shall be accompanied by a fee of ten thousand dollars ($10,000.00), which fee shall not be refundable except as provided in Subsection (b) of this Section. The application shall set forth the location of the site and facility; the type of site and 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 such other information as may be required by the City Council. The application shall also contain such engineering, geological, hydrological and operational data as may be required by the regulations of the department or as may be required by the City Council. The application shall be referred to the department for review and recommendation as to approval or disapproval, which shall be based on criteria established by the State Board of Health, the Water Quality Control Commission and the Air Quality Control Commission. Any application for transfer or amendment of a certificate of designation shall be subject to the provisions of this Article, including the provisions of Sections 16-483, 16-484 and 16-485.

(b)

A person seeking to have transferred, or to amend any provision of, a previously issued certificate of designation may request, following final completion of the City's review of and action on the application, that the City refund a portion of the application fee paid, if the person believes that his or her application was of such a nature that the City's actual direct and indirect costs of review of and action on the application was less than such fee paid. The City Council may approve, partially approve or deny the request based on the City Council's determination concerning the amount of such costs.

(Ord. 377 §1, 1990; Ord. 381 §1, 1990)

(a)

In considering an application for a certificate of designation, the City Council shall take into account the factors set forth in Section 30-20-104, C.R.S., and such other factors as the City Council deems appropriate for the protection of the public health, safety and welfare.

(b)

Designation of approved solid wastes disposal sites and facilities shall be discretionary with the City Council.

(c)

Prior to the issuance of a certificate of designation, the City Council shall require that the report which shall be submitted by the applicant under Section 16-482 be reviewed and a recommendation as to approval or disapproval made by the department, and the City Council shall be satisfied that the proposed solid wastes disposal site and facility conforms to the comprehensive plan of the City. The application, report of the department if available, comprehensive plan and other pertinent information shall be presented to the City Council at a public hearing to be held after notice provided pursuant to Section 16-14.5 of this Code. Such notice shall state that the matter to be considered is the applicant's proposal for a solid wastes disposal site and facility.

(Ord. 377 §1, 1990; Ord. 937, §15, 2023)

If the City Council deems that a certificate of designation should be granted to the applicant, it shall issue the certificate, subject to such terms and conditions as it deems necessary for the protection of the public health, safety and welfare, and such certificate shall be displayed in a prominent place at the site and facility. No certificate of designation shall be issued if the department has recommended disapproval pursuant to Section 16-482.

(Ord. 377 §1, 1990)

The City Council, after reasonable notice and public hearing, may temporarily or permanently suspend or revoke a certificate of designation that has been granted by it for failure of a site and facility to comply with any applicable law, resolution or ordinance, to comply with any of the terms and conditions of the certificate, or to comply with any of the provisions of Section 30-20-101 et seq., C.R.S., or of any rule or regulation adopted pursuant thereto.

(Ord. 377 §1, 1990)

(a)

In addition to any other applicable penalty or remedy, any solid wastes disposal site and facility found to be abandoned or that is operated, maintained, inactive or closed in a manner so as to violate any applicable laws, resolutions and ordinances, or any of the provisions of Section 30-20-101 et seq., C.R.S., or any rule or regulation adopted pursuant thereto, shall be deemed a public nuisance, and such violation may be enjoined by a district court of competent jurisdiction in any action brought by the City Council.

(b)

Disposal of solid waste at a location other than a site designated for use by the City is a violation of this Article, unless otherwise exempted by Section 30-20-101 et seq., C.R.S., or by the ordinances of the City, or unless the person is disposing of his or her own wastes on his or her own property in accordance with law, and shall be subject to clean-up and desist orders in addition to any other applicable penalty or remedy. Such orders may be issued by the City Council. Any person who fails to comply with such orders shall be subject to a civil penalty of two thousand dollars ($2,000.00) for each day of such violation, in addition to any other applicable penalty or remedy. Such violation and civil penalty shall be determined and enforced by a court of competent jurisdiction upon action instituted by the City Council.

(Ord. 377 §1, 1990)

The requirements of this Article shall be in addition to and not in lieu of any other requirements of the laws, rules and regulations of the United States, the State and the County, and any other requirements of the ordinances, resolutions, rules and regulations of the City, all as may now or hereafter exist.

(Ord. 377 §1, 1990)