Process

Requesting an Exemption

• The applicant can request an exemption by submitting the exemption request form online or in person (contact sustainability@longmontcolorado.gov or 301-651-8416 if you’d like to submit in person). The exemption request form may be submitted prior to when the requirements of the Ordinance go into effect.
• Exemption requests must provide qualification proof on survey.

• Designated staff will review the request for exemption and may request additional information as well as visit the property to verify the conditions of request.
• The staff shall issue a written decision on the application within ten working days and, if disapproved, shall state the reasons in writing.

If approved:

• If an exemption is approved in accordance with the foregoing provisions, the applicant shall not be required to subscribe to collection services for the two (2) year period following approval of the exemption.
• If the constraints on which the exemption was based still exist at the end of the exemption period, the applicant may submit a request for continued exemption, providing sufficient details regarding current conditions to enable the director to find good cause to grant the request.

If not approved:

• Disapproval of an application for exemption may be appealed by filing a written appeal with the city clerk within ten days of the date of service of the director’s decision setting forth the reasons why the appeal should be granted. Such appeal shall be conducted pursuant to chapter 2.98.

• If the exemption is denied, the applicant must comply with the requirements of the Ordinance.
• If the applicant is not working toward compliance within 30 days after denial of the request for exemption, they will be subject to the Civil Penalty Process.

Qualifying Exemptions

1. De Minimis Volume: the subscriber generates less than 96 gallons of trash per week total
2. Self-Haul: the subscriber self-hauls recyclable materials to a location or facility permitted by the State of Colorado to accept such material (but not to a landfill)
   1. Applicants must provide information of the destination facility name and location (e.g. a receipt with date and amount of waste)
   2. The customer must still meet all other requirements stated in the Ordinance including signage and adequate training to employees and facility managers
3. Sharing: the subscriber shares a recycling container(s) through a communal system for the collection of waste as defined in section 14.12.010.
4. Economic Hardship (Commercial Properties Only): Losses from the prior fiscal year were >10% of gross sales
   1. The applicant must submit their most recent profit and loss statements from the prior fiscal year.
5. Space constraints: the location does not have space for a recycling or if only available location for recycling container is not safely serviceable by hauler.
   1. The applicant must explore all possible options to still comply with the Ordinance, such as reducing the size of trash container and exploring options to adjust enclosure size
   2. The applicant must provide a description and photograph of the area where the space constraints exist and document efforts from item (i)
6. Innovation: a minimum of 50% of the total waste stream is diverted from landfill through reuse or repurposing
   1. The applicant has identified a method to reduce trash service through reuse or repurposing of materials in an environmentally and socially responsible manner
   2. Applicant must provide a description of the innovation and proof of sufficient waste diversion as a result of the innovation.
7. Food Donation (Organics Only): the subscriber donates food scraps for human or feed animal consumption, in accordance with applicable state and local health and safety regulations.
   1. Food scraps shall mean any animal- or vegetable-based foodstuffs, including food scraps resulting from the preparation, cooking, and serving of food, unsaleable or outdated food, and other compostable items such as organic waste from breweries and distilleries
8. On-Site Composting (Organics Only): the applicant composts all organic waste on-site in a manner that complies with all applicable laws, codes and ordinances.

Notice of Violation

• If a commercial or multifamily owner is notified of a violation, they will have 30 days to either request an exemption or comply with the requirements.
• If the owner is not working toward compliance within 30 days of the notice of violation, they will be subject to the Civil Penalty Process.

 

For more information, to subscribe for email updates, or questions about the Universal Recycling Ordinance, please contact us.

The primary focus of engaging non-complying properties is to support them in meeting compliance, either through signing up for a service or applying for an exemption. If a property continues to not comply, they may be subject to the civil penalty process.

To report a Commercial Business and/or Multifamily Property not in compliance with the City’s Universal Recycling Ordinance on Lack of Recycling Collection Service, Recycling bins, or Signs visit the City’s Code Enforcment website and submit the violation under Report Code Violation.