HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/15/2000 - FIRST READING OF ORDINANCE NO. 22, 2000, AMENDING i
ITEM NUMBER: 38
AGENDA ITEM SUMMARY DATE: February 15, 2000
FORT COLLINS CITY COUNCIL STAFF: Susie Gordon
SUBJECT:
First Reading of Ordinance No. 22, 2000, Amending Article XV of Chapter 15 of the City Code
Regarding Solid Waste Collection and Recycling Services by Adding Provisions Pertaining to
Procedural Requirements and Adding a Document Retention Requirement.
RECOMMENDATION:
Changes are proposed to the City Code that will help the City establish that its existing"pay-as-you-
throw"trash provisions (PAYT) are being consistently implemented by all licensed trash haulers.
The amendments would require haulers to retain a set of critical records that are needed for City
auditors to verify that trash service customers are being charged for extra setouts.
EXECUTIVE SUMMARY:
The existing Code provisions require trash hauling companies to charge variable rates(the more you
throw away, the more you pay) to residential single-family households, a system that creates
financial incentive for households to accomplish greater levels of waste reduction and recycling.
Currently,only a surveillance approach would allow the City to conclusively establish compliance
10 with this requirement. Through review of certain records (i.e., haulers' daily routing sheets), the
City would be able to monitor compliance with the PAYT system.
The Ordinance was developed as a follow-up assignment to the study session in August 1999 when
Council expressed interest in continuing to improve recycling in the community. After evaluating
the 1995 PAYT provisions, staff determined that the City would need to specify this new record-
keeping requirement in order to ensure that variable rates are being applied,and would be better able
to monitor and enforce compliance with the Code provisions through the addition of the suggested
procedural requirements and mechanisms.
BACKGROUND:
In 1995,the City took a number of new steps to increase recycling, which included adoption of a
variable trash rates ordinance. The PAYT system helped motivate citizens to sign up for trash
haulers' curbside recycling programs,which were made available at no additional charge (86% of
the city's households now use the curbside service).
During Council's review in August of progress that been accomplished in recycling, a number of
additional new proposals were discussed to further increase recycling and waste diversion. Among
them was to evaluate how well the PAYT system,after being in effect for nearly five years,is being
applied. Asa result of that evaluation,staff developed this recommendation for making amendments
to the regulations.
DATE: February 15, 2000 2 ITEM NUMBER: 38
Public Involvement
The changes that are being brought to the Council at this time were extensively reviewed with the
affected businesses and with the Natural Resources Advisory Board as follows.
• First draft of amendments—October 25
• NRAB Solid Waste Reduction Committee meeting—November 1
• Notification, mail out amendments to trash haulers—November 5
• Review at NRAB meeting—November 17
• Meeting with trash haulers—November 24
• Letter to haulers with redrafted Code language and 11/24 meeting minutes—December 3
• NRAB Solid Waste Reduction Committee -December 6
• Meeting with individual hauler's attorney—December 16 -
• NRAB Solid Waste Reduction Committee—January 10
• Follow-up letter to all haulers, including third draft of Code language—January 21
Recommendation
Since it went into effect in 1996,citizens have consistently expressed concern to City staff about lack
of compliance by haulers with the PAYT ordinance. Staff,however,did not pursue an enforcement
approach and instead worked in a collaborative mode to allow haulers time to work out new billing
systems for extra charges. Staff now concludes that the City should have an improved ability to
determine if a hauler has failed to carry out the variable trash rate requirement,and the City should
have additional authority to correct the problem. It will help create "an even playing field" for
haulers who are following the law, because they are clearly put to an unfair disadvantage by their
competitors who fail to charge customers for extra trash.
To address these concerns,new language is needed in the Code to allow the City access to evidence
of violation,the absence of which currently prevents staff from resolving complaints. To enable the
City to enforce its own laws and respond to violations, there must be requirements for the haulers
to keep records that document customers' "overages", and the City must have a clear process for
staff to audit haulers' books when necessary, and will need the ability to take action to suspend or
revoke a license in the event of egregious or repeated violations.
Attachments
1. Draft form for tracking complaints about lack of compliance
2. Letter from NRAB supporting amendments to the Code
3. Letters of support from three trash hauling companies
Community Planning and Environmental Services
Natural Resources Department
ATTACHMENT 1
COMPLAINT FORM- SOLID WASTE COLLECTION
City of Fort Collins CHAPTER 15,ARTICLE XV OF THE CITY CODE
[NOTE: THIS FORM IS FORADM NISTRATIVE COMPLAINTS REGARDING VIOLATIONS OF CHAPTER 15,ARTICLE XV OF
THE CITY CODE ONLY; PERFORMANCE OR SERVICE COMPLAINTS UNRELATED TO COMPLIANCE WILL NOT BE
ACCEPTED.]
COMPLAINT PROCEDURE
1. After you have attempted to resolve your complaint directly with your solid waste hauler, a complaint
including all information requested below will be processed by City staff.
2. Upon completion,City staff will forward this Complaint Form to your hauler within 20 days for response.
3. Your hauler will be required to investigate your complaint and provide documentation of its response to
the City within 20 days of mailing of the Complaint Form by the City.
4. After review of the hauler's response,the City will take further action to discuss the complaint with you,
the hauler, and any other affected persons, or to investigate the matter, as needed.
*r�r*r:*****r�rr*****�r+rr***t**r�*r****��*�s��*s►r**r*r*r�**�**�*���***�***r********�*****
Complaint Date: Customer Name:
Customer Address: Customer Phone:
Name of Hauler: Date Hauler Contacted:
Hauler Representative Contacted and Hauler Response:
Detailed Description of Complaint(include related dates of service and invoice dates and amounts and any other
pertinent specific information):
.FOR OFFICE USE ONLY: Staff Comments:
Date Mailed to Hauler:
Date Hauler Response Received:
281 N. College Ave. • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6600 • FAX (970) 224-6177
Attachment #2
Community Planning and Environmental Services
Natural Resources Department
City of Fort Collins MEMORANDUM
DATE: February 5, 2000
TO: Mayor and Council Members
John Fishbach, City Manager
FROM: Randy Fischer on Behalf of the Natural Resources Advisory Board
SUBJECT: NRAB Recommendations, Volume-Based Trash Collection
At the February 2, 2000, Natural Resources Advisory Board (NRAB) meeting,
Natural Resources Department staff presented its proposed revisions to Chapter
15, Article XV of the Fort Collins Code: Solid Waste Collection and Recycling
Services. Following thorough discussion by the board's solid waste committee,
as well as the full board, we enthusiastically recommend that Council adopt
staffs proposed solid waste code revisions.
• We believe the proposed revisions to Chapter 15, Article XV are in the best
interests of the citizens of Fort Collins and are consistent with previously
adopted Council policy. The NRAB further believes the revised code
strengthens our existing volume-based rate ordinance, also known as the Pay-
As-You-Throw (PAYT) collection system, without impeding the City's waste
haulers' ability to conduct business.
The PAYT system is a critical component of the City's overall solid waste
reduction and diversion policy that the NRAB has strongly advocated for many
years. We believe the proposed revisions are fair, equitable, and appropriate
for addressing current deficiencies in the PAYT system that have been identified
by staff and the citizens of Fort Collins. We wholeheartedly support Staffs
proposed code revisions as a means of ensuring more consistent and uniform
compliance with our local solid waste collection ordinance. We strongly
recommend that Council adopt staffs proposed revisions.
Thank you for your consideration of our recommendations. As always, please
feel free to contact us with any comments or questions about this
recommendation.
•
Page 1 of 1
NRAB Solid waste Recommendations
281 N. College Ave. • P.O.Box 580 • Fort Collins,CO 80522-0580 • (970)221-6600 • FAX (970)224-6177
ATTACHMENT3
LETTERS OF SUPPORT FROM TRASH HAULERS
i
RECEIVED
JAN 27 M
CITY ATTORNEY
To Susie Gordon,
In negauhd to .the extra changed doh extra trash, this
system has been very batibbac.tohy doh D.ick 's Thash Hauting .
We have had a Sew compta.ints due to the extra changes,
some og our customehs do not know the ohd.iance. we hope
to continue with this system.
Thank you
R 'chand Mondhagon
JAN-26-2000 10:53 BFI P.02
January 26,2000
Susic Gordon
City of Fort Collins
Dear Susie,
In response to your draft you had sent out,pay-as-you-throw program. I feel the meeting
that was held in November was a great opportunity for all the hauler's to come together
and get on the page.
On behalf of BFI, I feel that the City's ordinance meets our company's satisfaction.
Sincerely,
Mikc Goudreau
. Generat Manager
Northern Colorado
Colorado• 1925 1 it Avenue•P.O.Bun 1746•Greeley,Colorado 90632
Or<xley 970.352-6124•Ft.Collins 970-223•t1154•Denver 303-4464)6 22•Fax 970-352.2309
hww,tffizarn
• TOTAL P.02
SAN-26-2000 10:5 BFI P.01
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IF ALL PAGES ARE NOT RECEIVED PLEASE CONTACT US AT 970-352-5124.
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. From: DeWaard, Dan
To: sgordan@ci.fort-collins.co.us
cc:
Subject:Waste code changes
Dear Susie,
After reviewing the proposed changes to the local hauling ordinance, I do not
feel that there are any major issues that we at Waste Management would take
issue with. As we have discussed prior,the overage policy is something that I
discuss with my Supervisors and Drivers on a monthly basis. If they are not
documenting the e)dra bags on their route sheet, our company is loosing revenue and paying more at the landfill for the increased volume. Thus, we continually
stress adherence to the code as a benift to our company. I do want to
reiterate however that if there ever was a Issue at hand,we would be given
reasonable notice to take corrective actions with our personal before the issue
or complaint would be escalated to the level of an audit. I hope this is
helpful in your quest to finalize the code changes and please feel free to call
me at any time if you have any other questions that I may be of assistance.
Thanksl l 416-3565
• ORDINANCE NO. 22, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE XV OF CHAPTER 15 OF THE CITY CODE
REGARDING SOLID WASTE COLLECTION AND RECYCLING SERVICES
BY ADDING PROVISIONS PERTAINING TO PROCEDURAL REQUIREMENTS AND
ADDING A DOCUMENT RETENTION REQUIREMENT
WHEREAS,in 1964,the City first enacted licensure requirements for solid waste collection
services with the adoption of Ordinance No. 42, 1964; and
WHEREAS,in the intervening years,those licensure provisions have since been modified,
and repealed and reenacted, and are now set out in Chapter 15,Article XV of the Code of the City
of Fort Collins; and
WHEREAS,in 1985,the City first began to investigate programs to educate the public about
recycling and solid waste reduction; and
WHEREAS,in November 1994,staffpresented to the Council an integrated,comprehensive
approach to solid waste management entitled the Integrated Municipal Solid Waste Program,which
included targets for waste reduction and recycling; and
. WHEREAS,in May 1995,the Council adopted Resolution 95-63,which identified specific
objectives to be accomplished in relation to waste stream reduction,including the goals of reducing
Fort Collins total waste stream by 20%between 1993 and 2000, and reducing landfilled waste by
20%to 30% during that period; and
WHEREAS,in June 1995,the Council enacted OrdinanceNo.58, 1995,requiring residential
trash haulers in Fort Collins to apply variable rates ("pay-as-you-throw") and provide curbside
recycling services at no extra charge,in order to encourage the reduction and diversion of solid waste
in residential households; and
WHEREAS,in December 1999,the Council adopted Resolution 99-139,which,among other
things,directed the City Manager to continue to investigate methods to improve the City's variable
rate system for trash hauling services; and
WHEREAS, consistent with that direction, City staff has reviewed the existing Code
provisions establishing the variable rate system, and has recommended that the procedural
modifications set forth herein be enacted to improve the City's ability to monitor and enforce
compliance with the existing Code requirements; and
WHEREAS, proposed revisions require licensed haulers to retain pertinent records which
are critical to review and assess compliance with the City's variable rate system; and
•
WHEREAS, the effectiveness of the City's variable rate system will be improved by the
proposed Code revisions, which will improve the City's ability to audit effectively the pertinent
records of trash hauling companies' residential customers and confirm that it is being consistently
applied, and will provide added clarity with respect to procedural requirements and standards in
Chapter 15,Article XV of the Code.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Manager is hereby directed to develop an administrative
procedure for receiving and processing complaints that are received by the City regarding solid waste
collection and recycling services in Fort Collins. This procedure shall provide for prompt
communication of complaint information to the affected licensee,and investigation and response to
complaints by the licensee;provided,however,that the City shall retain the right, in its discretion,
to conduct its own investigation of any complaint it receives.
Section 2. That it shall be the City's policy:
(a) to encourage trash haulers to provide adequate training to employees
regarding compliance with Chapter 15,Article XV of the Code, and further
to encourage trash haulers to take appropriate disciplinary action for repeated
failure to meet such requirements; and
(b) to actively monitor the implementation of its variable trash rates system by
licensed trash haulers in Fort Collins,and to do so through such means as the
City Manager, in his enforcement discretion, determines appropriate,
including without limitation the conduct of audits of licensed solid waste
collection and recycling service providers to evaluate compliance with the
requirements of Chapter 15,Article XV of the Code.
Section3. That Section 15-415 ofthe Code ofthe City of Fort Collins is hereby amended
so as to read as follows:
See. 15-415. Application for license.
(a) Any person desiring to obtain a license to engage in the business of
solid waste collection shall make written application to the Financial Officer on
forms provided by the city. The application shall include, without limitation, the
following information:
(1) The name and address of the applicant;
(2) The principal place of business for the business to be conducted;
. (3) A list of vehicles owned and/or operated by the applicant directly in
the collection of solid waste and/or recyclables, including vehicle
make,color,year,cubic yard capacity,Colorado license plate number
and empty tare weight.
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Section 4. That Section 15-418 of the Code of the City of Fort Collins be amended as
follows:
See. 15-418. Plans o P!Q and reports.
(a)
An chan es to o eolfal , �e
v ?�.. . �j v;w��d "PPw shall be
submitted to the city prior to implementation of w.,;tchange.laid irifoirnation
01 ornibbions Of the city. Ail nformahon t 3i �cit� I NFII;; 'his
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JAII collectors shall ° ` � report to the city the
following information:
(1) Number of tons or cubic yards of solid waste collected from all
single-family,two-family and multifamily residential and commercial
customers.
(2) Number of tons of each type (as determined by the City Manager
pursuant to§ 15-414)of recyclables collected through the commercial
and multifamily recyclables collection program.
(3) Number of tons of each type (as determined by the City Manager
pursuant to § 15-414)of household recyclables collected through the
curbside recyclables collection program.
(4) Number of tons of each type (as determined by the City Manager
pursuant to § 15-414)of household recyclables collected by drop-off
system.
. Such reports shall be made on forms to be provided by the city and shall be made
biannually for each full half-year of curbside collection performed by the collector.
A half-year shall mean January 1 through June 30 or July 1 through December 31.
All such reports shall be submitted to the City Manager no later than thirty(30)days
following the close of each half-year.
Section 5. That Section 15-419 of the Code of the City of Fort Collins be amended as
follows:
Sec. 15-419. Disposal of solid waste, suspension of license.
All persons holding licenses pursuant to this Article and engaged in the
business of collection of solid waste shall dispose of all such refuse and solid waste
at the Larimer County Landfill or at any other disposal site which is approved by any
state.No solid waste shall be disposed of at any other location either inside or outside
of the city.
Section 6. That the following new sections be added to Chapter 15, Article XV of the
Code of the City of Fort Collins:
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Introduced, considered favorably on first reading, and ordered published this 15th day of
February, A.D. 2000, and to be presented for final passage on the 7th day of March,A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of March, A.D. 2000.
Mayor
ATTEST:
iCity Clerk