HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/19/2009 - SECOND READING OF ORDINANCE NO. 052, 2009, AMENDIN y
ITEM NUMBER: 23
AGENDA ITEM SUMMARY DATE: May 19, 2009
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Ann Turnquist
Susie Gordon
SUBJECT
Second Reading of Ordinance No. 052,2009,Amending Section 12-19 and Article XV of Chapter
15 of the City Code Relating to Trash Collection.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
Ordinance No. 052, 2009, adopted on First Reading on May 5, 2009 by a vote of 4-3 (nays:
Hutchinson,Kottwitz, Troxell),makes several significant changes to City Code, as well as several
"housekeeping" changes to Chapter 15, "Solid Waste Collection and Recycling Services" and
Chapter 12, "Collection and Disposal of Refuse, Rubbish and Recyclables." The goals of these
Code changes are to increase the pricing incentive for solid waste customers to reduce trash and
improve recycling diversion rates.
For Second Reading,the proposed Code language requiring poly-cart recycling containers on page
6 of the Ordinance has been revised to make more clear the intended meaning of the requirement
with respect to container size.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - May 5, 2009. (w/o Attachments 2-5)
2. Proposed Changes to Trash/Recycling System and Amendments to Pay-as-you-throw
Ordinance - Staff analysis, April 28, 2009.
ATTACHMENT 1
ITEM NUMBER: 29 A-B
AGENDA ITEM SUMMARY DATE: May 5, 2009
FORT COLLINS C(M-YNCOUNP
CIL STAFF: Darin Atteberry
7 Ann Tu t
Susie Gordonrdo
SUBJECT
Items Relating to Trash Services.
RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
EXECUTIVE SUMMARY
A. First Reading of Ordinance¢N'o. 052,200% Amending Section 12-19 and Article XV of
Chapter 15 of the City Code Relaisa/ting to�Trashh Gollectio�n.
B. Resolution 2009-046 Directing me;Gity'Mana' ger to D elop a Pilot Trash Service District
Within a Portion of the City.
Original Problem Statement:
"In what ways can the City reduce the impacts of trash collection services in Fort
Collins, addressing issues of the cost of street wear, air quality, neighborhood
aesthetics, noise, and other neighborhood impacts? Are there ways that the City
might also improve diversion rates for recyclables?"
On December 9,2008, City Council and staff met for the fourth work session on this topic to review
policy alternatives developed from the Trash Services Study. Council was asked to review several
implementation alternatives for which staff could develop detailed proposals. Council expressed
support for a variety of regulatory changes which were proposed, suggesting that staff evaluate the
possibility of creating a pilot trash�,di trict=f r aypo ion`of the-community. Based on those
discussions, staff has developed(two items for Couricil onsideration:
�, ��ll J�� .
1. An ordinance which ilplements the%high st prioritySitems from the list of additional
requirements proposed at the December 9 work session. These changes focus on requiring
haulers to take actions that will improve recycling diversion rates and improve the pricing
incentives of the Pay-as-you-throw Ordinance.
2. A resolution directing staff to develop a pilot trash district in a portion of the community.
This pilot would change the market for trash services from a purely open competitive market
for trash services to a mix of City-contracted service and an open competitive market.
May 5, 2009 -2- Item No. 29 A-B
BACKGROUND
Issues related to trash collection, recycling-and the impact of a large number of trash vehicles on
iS'neighborhoods have been before City Council a number of'times over the past 20 years. In 1995,
concerns about adverse impacts of tras} trucks)in neighborhoods led to a Council resolution and
goals to reduce the number of traces aand\forr reater consolidat on of residential trash services. The
City conducted a study regarding trash districting in 1998,and at that time City Council established
a goal to divert 50% of the community's waste stream from landfill disposal by 2010.
In directing staff to undertake the 2008 Trash Services Study, Council set forth goals to improve the
community's diversion rate and reduce the impact of trash trucks on residential streets. Some
members of Council also expressed specific interest in improving the "pay-as-you-throw" solid
waste ordinance.
These goals are consistent with key goals of the 2008 Climate Action Plan approved by City
Council in December 2008. They are also consistent with several of the goals in the draft 2006
Strategic Plan for Solid Waste Diversion reviewed by City Council.
All of these goals and discussions have led to a set of Code changes presented for Council's
consideration in this Ordinance
Summary of Regulatory Changes
es
`,
/ 0 P Y
Ordinance No. 052, 2009, makes several significant changes to City Code, as well as several
"housekeeping" changes to Chapter 15, "Solid Waste Collection and Recycling Services" and
Chapter 12, "Collection and Disposal of Refuse, Rubbish and Recyclables." The goals of these
Code changes are to increase the pricing incentive for solid waste customers to reduce trash and
improve recycling diversion rates:
• Change the "pay-as-you-throw" (PAYT) provision of the City Code to implement pure
volume pricing for trash collection and eliminate the current base rate component of the
PAYT pricing formula;
• Create a rate formula for haulers to use when they offer a pre-paid bag/tag level of trash
collection service;
• Require haulers to offer 65 or 95 gallon single stream recycling containers(poly-carts)upon
request effective Janua�(t ,
110;(�Allow haulers to movet Vic!!\\e-monthly recycling service once poly-carts have been
provided to customers;
• Add data reporting requirements for residential haulers and increase the annual license fee
from $30 per year to $100 per year;
• Clarify provisions of the "Group Accounts" section of Chapter 12 to include provision of
recycling poly-carts to group account (HOA) members who contract for service;
May 5, 2009 -3- Item No. 29 A-B
• "Housekeeping"changes to the ordinance include clarifying that trash and recyclables may
not be commingled by haulers upon collection, clear marking of recycling vehicles, proof
of Department of Transportation registration of all trash vehicles, and clarification of the
confidentiality of certain,hauler-(provided datam:Z-1 V
Trash Services Pilot District( solution
In addition to the ordinance amendments,staff has outlined ideas for how to implement a Pilot Trash
District. This option was raised at the December 9, 2008 work session as Council was discussing
the Market Option of creating 'a city-wide trash services contract, or trash districting system.
Council suggested considering a pilot trash district in a portion of the community, rather than
implementing the strategy city-wide.
The proposed resolution directs staff to develop a specific proposed pilot district, including the
necessary enabling legislation to create the district.
Staff has conducted some preliminary work on the concept of a pilot trash district and believes that
it is possible, within the state laws governing solid waste districting, to conduct such a pilot. The
City could develop a trash district for a specific geographic area and award a single contract for trash
services within that area. In this scenario,the City would offer private trash haulers the opportunity
to competitively bid on providing-trash and=recycling:services within the area, with fees billed by
the City on its Utility Bill. A vendor would be�selected�based on certain criteria:
• Price to customers UJ�r
• Ability to meet standards for service level,compliance with local requirements and customer,
service
• Ability to meet additional conditions outlined in the Request for Proposals, e.g., achieve
minimum diversion rates for recyclables.
A key component of a pilot trash district project will be to carefully analyze and document the
effectiveness of the program. Staff will conduct pre- and post-project data collection which will
demonstrate the effectiveness of the project in achieving waste stream reduction goals and in
reducing the impacts of trash vehicles upon streets and other aesthetic issues in the district.
CONCLUSION
A detailed analysis of the proposals, including pros and cons of each component of the proposed
ordinance and resolution, are inncluded�ass(Attacllh�ment=��
On April 8 a meeting was held(with re'resentaw l fromYFl1inos' three licensed residential
p g �\ . /pA . e/ iI trash/recycling collection companies-to preview the-generts f these proposed changes.
In general,the haulers had a number of questions about the PAYT components,and were uniformly
concerned about the idea of piloting a districted trash collection area. Their comments are included
as Attachment 2.
May 5, 2009 -4- Item No. 29 A-B
ATTACHMENTS
1. Proposed Changes to Trash/Recycling System and Amendments to Pay-as-you-throw
Ordinance- Staff analysis p i1#009. ��
2. Comments from Trash�Hauler Meeting,1Apn 02091
3. Staff summaries from wor�_seessionssoof�Decern' b er 9,2008, September 23 2008,July 8,2008
and January 8, 2008.
4. Memo from the Natural Resources Advisory Board, April 15, 2009
5. Powerpoint presentation.
City Manager's Office
City of City Hall
300 LaPorte Ave.
Fort Collins PO Box560
Fort Collins,CO 80522
970.221.6505
970.224.6107-fax
fcgov.com
Attachment 2
Proposed Changes to Trash/Recycling System and
Amendments to Pay-as-you-throw Ordinance
April 28, 2009
Section I - Ordinance Changes
The following changes to Article 15 of the City Code, "Solid Waste Collection and Recycling
Services" and Chapter 12, "Collection and Disposal of Refuse, Rubbish and Recyclables" are
proposed. These code sections include the Pay-as-you-throw (PAYT) ordinance, hauler
licensing requirements and recycling regulations. The proposed changes address concepts that
were identified as top priorities by the City Council for improving the community's recycling
and waste reduction programs
1. Rate Changes:
a. Subscription rates will be set based solely on volume of service. No base rate may be
included in subscription rates. Volume rates will be set so that the cost of a second, third
or subsequent can or unit of trash set out for collection each week equals the cost of the
first can of trash. This rate structure applies to pre-established, subscription level
customers. The hauler may charge these rates for the volume of service contracted for,
not for the actual volume collected on a weekly basis. (See Illustration 1)
b. Haulers may charge a fixed rate only to residential customers with intermittent or
bag/tag service. When a hauler chooses to offer this service level, the fixed rate may not
exceed 35% of the monthly, volume-based rate charged for one 32-gallon container per
week (i.e., the cost of a one-can/week "general" subscriber's services). The cost of each
pre-paid bag or tag will be set by the hauler, but may not be less than the cost of the
equivalent amount of trash collected under a subscription rate. (See Illustration 2)
c. No other flat rates may be added to any bills, including fuel surcharges.
d. Haulers will be required to charge customers for over-loaded containers, consistent with
PAYT rates; over-loading occurs if the container lid can't be securely closed.
e. Rate formula changes would be effective July 1 to allow time for haulers to adjust billing
practices and provide notification to customers.
These code changes would revise the current PAYT Ordinance to further create price
incentives for recycling. Currently, haulers charge customers for residential trash service
based on a formula which is set forth in the City Code. It requires that each unit of trash
(bag, gallons, cans, etc.) be charged an equal price, with the option that haulers may charge
an additional base price on all accounts. This proposal would change the pricing structure set
forth in the ordinance to make the cost of each unit of trash equal to the first 32-gallon unit.
This strong pricing message encourages trash customers to recycle more and create less
waste.
of
� 6rt Collins
Illustration 1
Pay as you Throw Example:
Extra units = Cost of first 32-gallon unit of trash
(Includes recycling service)
i I
rYtY Ldr
1.
4
ti L vkl�57 y�^k`
3V1 f��
11 I
N 4f 1,
rlV'
Are
C
One 32-gallon Second Unit(64 gallon Third Unit(96 gallon
container= container) = container) _
$10 $20 $30
**rates for illustration only; actual rates determined
MY haidar in rmmnlianro with farmula
Staff Analysis—Trash Services Study, May 5, 2009 2
Fart Collins
Illustration 2
Bag Service Example, when offered by hauler
(Includes recycling service)
For extremely low-volume customers who
N generate one bag of trash per month, the
cost of recycling and trash services would
be very low: **rates for illustration
Monthly/Base rate $3.50 ($10 x 35%) only; actual rates
determined by hauler
Bag (s) $2.30 in compliance with
1 Total $5.80/month formula. Bags/tags
purchased from hauler.
If a customer uses 2-32 gallon sized bags per
month, they could save $1.90 per month over
the 32-gallon subscription service ($10/month):
Monthly/Base rate $3.50
1 1 Bag (s) $4.60
Total $8.10/month
J I I 1
If a customer uses one-32 gallon sized bag per week, the cost is greater than the cost of
the equivalent amount subscription service (32 gallons per week.) If this level of
service is used consistently, subscription service would be the more cost effective
selection for this customer.
Monthly/Base rate $ 3.50
Bag (s) $ 9.20 ($10 /4.33 = $2.30/bag)
Total $12.70/month
Staff Analysis—Trash Services Study, May 5,2009 3
Flirof
t Collins
Additional Hauler Requirements: PAYT'Ordinance'Changes'
Financial Benefits: Costs:
• Savings to customers through effective use of • City administrative costs for enforcement,
PAYT pricing auditing and hauler education and monitoring
• Reduced hauler trash tipping fees as recycling =cost range to be determined
increases(assumes improving recyclable • Increased cost for customers who do not reduce
commodities markets) waste
Achieves: . Shortcomings:
• Improved diversion through stronger price • Haulers do not believe that this level of pricing
message, achieving goals of solid waste message will change customer behavior
reduction.
• Reduced CO2 emissions through improved • Increasing cost for larger families that generate
diversion rates, achieving goals of Climate greater waste per household or for homeowners
Action Plan who generate large volumes of yard debris
• When bag service option is provided by • Increases government requirements
haulers, provides incentives for trash customers
to benefit from very low trash generation
practices.
• Helps prolong the life span of local landfills
2. Recycling Code Changes
a. Haulers must provide poly-carts (or"toters") to residential customers for recycling.
A choice of 64-gallon or 96-gallon recycling carts must be offered. Haulers may
charge a damage or loss deposit for the poly-cart container. Some customers may opt
out of receiving the poly-cart because they prefer to use a smaller container or
because of storage space issues. If a customer who opted out chooses to request a
poly-cart at a later date, the hauler must provide such a cart within one billing period
(usually 90 days.)
b. Once recycling poly-carts are delivered to its customers, a trash/recycling company
may collect curbside recycling no less than 2 times per month.
c. Poly-carts must be provided no later than January 1, 2010.
d. When trash trucks are used to collect recyclables, the vehicle must be clearly
placarded with signs as a recycling truck.
Under these code changes residential trash haulers would be required to provide 64 or 96 gallon
recycling toters to all residential customers. Customers who do not desire to have the large toter
because of storage space issues could opt out of receiving the container. Customers who opt out
of the larger containers would be allowed to continue to use existing 18 gallon open-topped
containers. Haulers could charge a damage or loss deposit for the containers. The amount of the
deposit would be determined by the market.
Haulers would be allowed to move to bi-weekly or bi-monthly collection of recyclables after the
large toters are in place for all customers who do not opt to forego them.
Staff Analysis—Trash Services Study, May 5,2009 4
City of
Fort Collins
As the market for a wider variety of recyclable materials has improved, recycling processors
have begun to accept a greater variety of materials in the single-stream curbside recycling
program. Corrugated cardboard and paperboard (e.g. cereal boxes) were added to the list of
recyclables collected at curbside in 2006, and in 2008 haulers began collecting lower grade
consumer plastics marked with the recycling logo as plastics 3-7.
Haulers are currently required to provide a recycling container to all customers who wish to
receive recycling services. With these increases in bulky materials accepted through the
recycling program, customers are increasingly finding that the current 18 gallon recycling box is
no longer adequate for containing all of their recyclable materials. When customers overfill the
18 gallon box, materials may be more susceptible to wind, and customers may be more likely to
put extra recyclable materials in the trash, rather than saving them for future pickup or adding
another box.
In other communities, the use of larger 64 or 96 gallon single-stream toters has increased overall
recycling by 34%. (SERA, Inc. data) The ease of use of the larger containers and the greater
capacity encourages greater diversion and also send a stronger message to customers that they
have greater potential for recycling than is suggested by the much smaller container.
If the larger containers are provided, haulers could be allowed to change to bi-weekly or bi-
monthly recycling service. With the containers 3 to 5 times larger than the 18 gallon box,
customers would have substantially greater capacity for recyclable storage, allowing for less
frequent pick up. Less frequent pick up would reduce the impact of trucks on residential streets
and reduce vehicle miles traveled for recycling.
An additional benefit of the use of the larger containers would be improved aesthetics with larger
recycling containers that are less susceptible to spilling and wind blown recyclables.
Furthermore, when recyclables such as mixed paper are protected from exposure to snow and
rain by the closed lid on poly-carts, their commodity value in the market is greater.
A significant issue for the trash haulers will be the expense of providing the larger containers.
With cost estimates of$45 per unit, this will represent a significant capital outlay for the haulers.
While moving to a bi-weekly or bi-monthly collection system will improve the haulers'
efficiency and reduce costs for collecting recyclables, staff does acknowledge that the toters may
increase overall costs for the haulers.
Staff Analysis—Trash Services Study, May 5, 2009 5
City
� Fart Collins
Additional Hauler Requirements--Large;single-stream Recycling Poly-carts
Financial Benefits: Costs:
• Significant operational cost savings to haulers • Single stream containers=approximately$45
if recycling changed to bi-weekly service each. Haulers would be allowed to charge a
• Reduced hauler tipping fees as recycling refundable damage/loss deposit to customers.
increases Rate to be set by competitive market
• Reduced trash expenses for customers who
successfully reduce trash in favor of additional
recycling
• Savings to customers through effective use of
PAYT pricing
• Lidded poly-carts protect recyclables from
weather, improving their market value
• Lidded poly-carts reduce litter management
costs of clean-up for wind-blown rec clables
Achieves: Shortcomings:
• Increased diversion through education and • 64/96 gallon recycling containers will be costly
large single-stream containers for haulers to provide,though cost would be
recoverable over time as haulers save
significant operational costs by moving to bi-
weekly or twice-a-month collection of
rec clables.
• Reduced CO2 emissions through improved • Requires haulers to offer opt-out provisions for
diversion rates, achieving goals of Climate customers who do not want to use a larger
Action Plan recycling container(e.g., if there is not
adequate storage space for a larger container or
customers do not participate in the curbside
program.)
• Alternate week recycling would reduce some • Additional administrative cost to haulers for
truck traffic in neighborhoods, damage to determining which customers wish to receive
streets and vehicle miles traveled by recycling the poly-carts and tracking the locations of
trucks carts once delivered.
• Improved aesthetics with larger recycling • Increases government requirements
containers that are less susceptible to spilling
and wind-blown rec clables
• Preserves customer choice of size of recycling • Public information and outreach efforts to
container publicize new service--$5,000-10,000 one-time
cost to the City
Staff Analysis—Trash Services Study, May 5,2009 6
Fort Collins
3. Reporting Requirements:
a. Haulers must provide each truck's Department of Transportation safety inspection ID
number to the City and proof that each truck has been registered with DOT.
b. Haulers must report exact numbers of customers, and also identify exact numbers per
trash subscription level or bag/tag participants.
c. New language underscores that all information reported to the City as confidential
customer records will be maintained as confidential by the City, unless otherwise
required by court order.
During the Trash Services Study, staff found that several pieces of data that would have been
useful in analyzing the community's trash system were not available. These changes to the code
will create additional data reporting requirements for the haulers which will make future policy-
making better informed and data driven.
Additional Hauler Requirements--Additional Reporting Requirements
Financial Benefits: Costs:
• Cost to haulers for collecting and providing
additional data
Achieves: - Shortcomings:
• Provides better data upon which to make future • Increases government requirements
decisions re: trash system requirements, if
desired goals are not met; and, being able to
more accurately measuring greenhouse gas
emissions that are attributable to solid waste.
F
Clarifies what information will be held
confidential by the City.
4. Other
a. License fees for each vehicle will be $100 (up from S30) to help the City cover the
costs of administering the licensing program and PAYT system.
b. Haulers' service representatives must clearly and accurately describe all components
of the PAYT system (variable rates and recycling rates) to customers, both verbally
and in written communications.
The ordinance includes a recommendation to increase trash hauler licensing fees, which have not
been adjusted recently. The City follows a financial policy of setting fees for municipal permits
and licenses that are commensurate with the direct costs of program administration and oversight
that fall to the City. Since the PAYT Ordinance was adopted in 1995, license fees for trash
vehicles have been $30 each.. The proposal is to now increase the fee to $100 per vehicle.
The City's current costs for administering the Pay-as-you-throw ordinance total approximately
$21,232. These costs include staff time for processing the licenses and monitoring licensing
requirements and data, as well as materials for the licenses and truck stickers. The additional
Staff Analysis—Trash Services Study, May 5, 2009 7
City of
Fort Collins
$70 per trash/recycling fee that would be collected will enable the City to recover more of the
costs of administering the licensing program, and oversight for the PAYT system. (Although the
City also pays for additional staff time and resources to educate citizens about PAYT, the
indirect costs of the program are not included in this cost analysis.)
The City currently collects $3,750 in license fees from 11 trash companies that offer commercial
and/or residential hauling services (125 vehicles) in Fort Collins. Under the proposed fee,
$12,500 would be collected for the same number of trucks, which would help cover more of the
costs of issuing licenses, follow-up on applications, verifying data, and monitoring licensees'
compliance with the ordinance. The remaining amount of money required to administer the
licensing program ($8,732) comes from Natural Resources Department's budget as part of its
Budgeting for Outcomes offer to the General Fund.
Comparative trash license fees in the Front Range area of Colorado range from $50 to $100 per
vehicle, excluding other application fees that some communities charge. Staff proposes that Fort
Collins' fee be updated to be more similar to other communities and to better cover the costs of
administering the licensing program.
Additional Hauler Requirements—Licensing Fee Changes.and Customer Information
Financial Benefits: Costs:
• Total revenue from licensing fees would • Increased cost to haulers of$70 per truck
increase from $3,750 per year to$12,500 per
year.
Achieves: Shortcomings:
• Would generate City revenue from license fees • Increases government requirements
to use in administering programs
• Customer understanding of PAYT ordinance
would increase as haulers are required to
provide such information to new customers or
those changing service levels.
5. General Regulation Changes--"Housekeeping"
Other miscellaneous changes to the City's code regarding solid waste collection,
recycling and disposal (Chapters 12 and 15) will include:
• Change recycling code to prohibit commingling trash and recyclables
• Require haulers to clearly mark any vehicles being used for collection of recyclable
materials with the "chasing-arrow" symbol and term "Recycling"
These two miscellaneous code changes are timely to implement while other sections of
the Solid Waste code are amended. The first amendment would be to change the code to
prohibit the commingling of trash and recyclables. The current code makes it a violation
to "dispose" of recyclables in the landfill. Technically, this violation would occur outside
Staff Analysis—Trash Services Study, May 5, 2009 8
ort Collins
the City limits, making enforcement difficult for the City. This change would clarify that
commingling of trash and recyclables is prohibited.
Second, the City has received a number of complaints recently where residents believe
that a trash hauler is collecting recyclables in a trash vehicle. In discussing this with the
haulers, they have shared that they sometimes use a trash truck to collect a load of single-
stream recyclables (since they no longer are obliged to use split-box trucks for dual-
stream materials) and deliver the materials to the recycling facility. This cross-use of
equipment may create confusion with residents who believe that their recyclables are
being treated as trash. The requirement that vehicles being used for collecting
recyclables be clearly marked as such would eliminate this confusion and ensure that
commingling regulations could be better enforced.
Additional Hauler Requirements-- General Regulation.Changes
Financial Benefits Costs
• Cost to haulers to create and use magnetic or
similar placards for trash trucks when used as
recycling vehicles
Achieves: :. !L,r + r;.i t< . Shortcomings:
• More effective enforcement
• More effective communication with residents
about the destination of their recyclables
Staff Analysis—Trash Services Study, May 5,2009 9
Frt Collins
Section II - Pilot Trash District
In addition to the ordinance amendments, staff has outlined ideas for how to implement a Pilot
Trash District. The City could develop a trash district for a specific geographic area and award a
single contract for trash services within that area. In this scenario, the City would offer private
trash haulers the opportunity to competitively bid on providing trash and recycling services
within the area, with fees billed by the City on its Utility Bill. A vendor would be selected based
on certain criteria:
• Price to customers
• Ability to meet standards for service level, compliance with local requirements and
customer service
• Ability to meet additional conditions outlined in the Request for Proposals, e.g., achieve
minimum diversion rates for recyclables
The City is required to provide a 6-month notification period of its intent to contract for services
with one hauler for a sub-area of the community. During this period, the City will issue an RFP,
negotiate a contract and work though implementation issues.
Six months after the notice, the City will issue an exclusive trash/recycling contract for service to
all residential customers in the pilot program area(single family dwellings and multi-family
dwellings of 8 residences or less). The pilot area boundaries will be set by clearly identifiable
landmarks such as major streets.
Terms of the contract for service could include (but are not limited to) provisions such as:
a. The contract will be for a term of at least 5 years.
b. The successful hauler will be required to meet all of the City's ordinance provisions,
including those that may be adopted by the City Council in 2009.
c. The hauler may provide curbside yard waste recycling service (at an additional cost)
to customers upon request.
d. The hauler will provide specific recycling education information to customers who
fail to properly prepare or set out recyclable materials (e.g. friendly "Oops" notices
for a customer who places non-recyclable materials into the recycling container, or
places recyclable materials in the trash container).
e. The hauler may be required to meet a minimum recyclable material diversion rate
such as 20% of the residential waste collection, and/or a pre-established decrease in
the amount of trash collected, per residential customer.
f. The hauler will ensure that all collection vehicles are in clean and safe operating
condition, meet DOT standards, and be operated according to manufacturers
specifications for loading (e.g. use of tag axles.)
g. The contract for service will include performance standards for the haulers,
addressing such issues as customer service, missed pick ups etc.
Staff Analysis—Trash Services Study, May 5,2009 10
> City of
Fit Co ins
Issues Analysis:
In developing the general parameters of a Trash Services Pilot District, staff has explored a
number of issues that will need to be addressed.
• Data Collection and Analysis:
Analysis: A key component of a pilot trash district project will be to carefully analyze
and document the effectiveness of the program. Staff will conduct pre- and post-project
data collection which will demonstrate the effectiveness of the project in achieving waste
stream reduction goals and in reducing the impacts of trash vehicles upon streets and
other aesthetic issues in the district. Staff will develop a data plan for the project and
implement plans to do data collection such as a trash and recycling set-out survey. The
set-out survey would be a field study (both within and outside the proposed district) to
gather data about the volumes of trash and recycling which are set out by randomly
selected households during a representative week. By weighing and measuring actual
materials set out for collection on trash day, detailed information can be gathered about
customer behaviors before and during the pilot project.
• Billing and Customer Service:
Analysis: The City would be contracting for trash service within the district and would
provide customer billing for the fees; the additional costs for this service could be
covered by a specific additional fee in customers' trash bills. Without this automatic
billing for all customers, some customers may be able to choose not to participate in the
pilot and continue with their existing hauler. This would defeat the goals of reducing
truck traffic and undermine the pilot district's effectiveness. The City may determine that
changes in accounts such as start-up for new accounts or discontinuation of services will
be handled by City customer billing staff. However, the City anticipates that the
contracted hauler would provide first-line response to other customer service issues such
as poly-cart delivery/maintenance, missed collection or other performance issues.
• Contract for Pilot Trash District will be for a term of not less than 5 years, and
preferably 7 years.
Analysis: A successful bidder for the trash district will need to acquire additional
equipment to serve the pilot district, including trash and recycling vehicles, toters or
poly-carts for trash and recycling, and other business equipment. In order to give a high
quality, low bid for the service, they will need to be able to amortize their equipment
purchases over a reasonable period of time, such as 5 —7 years. A longer term contract
would also make it more difficult for one company to provide an artificially low bid to
secure the contract in order to drive out other competitors for the future. Any contract
issued for a period greater than 5 years will need to City Council approval under the
Purchasing Code.
• The Pilot District would include 5,000 to 10,000 households.
Analysis: The pilot district would need to be of a large enough size to attract quality
bids. This would likely represent an area greater than one Council district in size. This
size district could be bid on by a company with approximately.4 trucks, if the trucks were
Staff Analysis—Trash Services Study, May 5, 2009 11
;arof
t Collins
fully automated. The boundaries of the district should be clearly defined as by major
streets so that as Council district, census district or other boundaries change, the pilot
trash hauling district would be well defined.
• Establish a Pilot District with a variety of housing types.
Analysis: The geography of the district needs to be factored into how a hauler will bid
on the proposal and what price to charge. For instance, it is possible that a district that
contains many older homes with alleys would be more expensive to serve than an area of
newer development with curbside service on uniform streets. If an area with a great deal
of alley service is included, bids could be slightly higher than if it featured more HOAs or
new development.
• Implementation will begin with 6-month notice to haulers in approximately Summer
2009.
Analysis: State statutes require a 6-month notice period to the existing trash haulers
before the City begins contracting for trash service; the haulers then have 30 days
following the notice to respond and let the City know if they are interested in
participating in the process. At the earliest, the required notification period will put
implementation into late 2009.
• The City's implementation costs would be covered within the charges on customer bills.
Analysis: The City will incur additional costs for both administering the contract and
billing for a trash service fee. The City will need to include an administrative charge on
each account to cover these costs. When the City agrees on a price per account, it will
add the overhead charge prior to billing the customers, so that the monthly charge reflects
the total true cost of the service.
Pilot Districted Trash Service .
Financial Benefits: Costs:
• Potential savings to City for street • City implementation costs= $50,000—$100,000
maintenance=$40,000-50,000 (one-time costs)
• Potential savings to some of the District's • Ongoing City administrative costs=$25,000-
residents= lower monthly rates with increased $50,000 annually; not including City billing
efficiency of system (based on experience of costs
other communities
Achieves: Shortcomings:
• Reduced Truck Traffic • Customer concern re: loss of choice
=> Trash truck related street damage
would be reduced in a portion of the
community-- $40,000-50,000 per year
savings in street maintenance (could be
more because we don't know how many
trash vehicles are over legal weight limits)
=> 40 tons+ in reduced CO2 emissions
=> Less fuel consumed by haulers
Staff Analysis—Trash Services Study, May 5, 2009 12
City of
Fort t Collins
Achieves:, ,' Shortcomings:
Continued Continued
• Improved neighborhood aesthetics within pilot • Current haulers will be concerned that new
district with fewer days of trash cans on haulers to community would be able to
streets, more uniform containers and less compete for business in pilot district
noise
• Opportunity to gain experience before • Some haulers will lose business. These
implementing change to entire community, haulers may include locally owned, long-
if successful term businesses
• Increased safety within pilot district with • Fear of cost increases causes concern for some
fewer trucks in neighborhoods residents. Actual cost of service under revised
system would be unknown until bids are
solicited(though bids need not be accepted if
offers represent significant cost increase)
• More readily available tools for increased • Customers would be required to pay a City
diversion—as terms of the contract, City could service fee, and thus lose choice of haulers,
require successful bidder(s)to: which is an objection by many residents who
Achieve minimum diversion rates commented on the issue
Offer yard waste at additional charge with
a set formula approved by the City
Build in requirement for audit/data
verification by independent auditor
approved by City
• Reduced overall cost with greater system • Bigger government and more governmental
efficiency due to economies of scale requirements a negative for some
J Other communities pay less after contract
for service established
4 Some in HOAs already enjoy these rates—
others could benefit too, creating more
"social equity"
J Increased operational efficiency for hauler
selected
J Competition preserved when bidding on
contract
• Greater leverage to guarantee no overweight • Haulers concerned that a large, national
vehicles if include contractual requirement for company may make an artificially low initial bid
random weighing of trash trucks to receive the contracts,then increase prices in
future years when local businesses no longer
able to compete
• Smaller area impacted than with city-wide • Some believe that prices for service would go up
districting under this model
• Could choose an area where few HOAs • Haulers believe that a contracted hauler system
exist or a mix of housing types exists would provide lower level of service because of
lack of day-to-day competition.
• Could be a demonstration of improved • Some or all of the current haulers will not be
efficiency and lower rates for the rest of awarded the district. This could significantly
the community impact a local business.
Staff Analysis—Trash Services Study, May 5, 2009 13
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t Collins
Achieves: Shortcomings:
Continued Continued
• Administrative costs for administrative staff,
program oversight, and auditing
• Implementation costs similar to full City
contracting; includes billing programming,
administration, etc.
• If price to customers lower than open
market, non-districted residents may object
to not being included. If price to some
customers higher than open market,
districted residents will object.
• May require hiring consultant to develop
RFP and implement pilot
• Current economic conditions may make it
difficult for haulers to secure financing to
make the required investment in new
equipment, including vehicles, single-stream
toters, etc.
• Selection of a neighborhood/area for the
pilot project which is in an older
neighborhood may bias the results of the
pilot toward higher than average costs to
provide service, (e.g., more alley service)
• If current trash rates have been held down
because of the uncertainty of the local
market, the pilot project could cause non-
districted accounts to see a price increase.
Such an increase could occur with any final
resolution of the districting discussion.
• 5-7 year commitment required by contract
will lead to added administrative City
staffing for billing and administration. If
pilot fails to be renewed, staff will need to
be reduced.
Staff Analysis—Trash Services Study, May 5, 2009 14
ORDINANCE NO. 0529 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 12- 19 AND ARTICLE XV OF CHAPTER 15
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO TRASH COLLECTION
WHEREAS , in 1964, the City first enacted licensure requirements for solid waste collection
services with the adoption of Ordinance No. 042 , 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 City Code ; and
WHEREAS , in June 1995 , the City Council enacted Ordinance No . 058 , 1995 , requiring
residential trash haulers in Fort Collins to apply variable ("pay-as-you-throw") rates 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 March 2000 , the City Council adopted Ordinance No . 022, 2000, updating
the provisions of Chapter 15 , Article XV of the Code in order to provide for more effective
enforcement mechanisms, including recordkeeping and audit requirements ; and
WHEREAS , in April 2004, the City Council adopted Ordinance No . 025 , 2004, clarifying
the application of the pay-as-you-throw system to group accounts, and providing increased
specificity as to how group accounts must be administered in order to accomplish the pay-as-you-
throw objectives embodied in the Code ; and
WHEREAS , since that time, staff has worked to review and monitor the effectiveness of the
pay-as-you-throw system, and has evaluated various means by which the system could be modified
to more effectively encourage waste reduction and recycling; and
WHEREAS , staff has presented its analysis and recommendations to the City Council and
obtained Council feedback regarding the pay-as-you-throw system in a work session on December
91 2008 , and at previous work sessions; and
WHEREAS , staff has also met with representatives of local trash haulers to discuss staff s
work and the proposals and recommendations for changes to the City Code, and staff has worked
to incorporate changes to address the concerns raised by the haulers ; and
WHEREAS , based on staff s review and the input received from the City Council, staff has
prepared revisions to the pay-as-you-throw provisions and recommends that the Council adopt the
proposed amendments to the existing Code provisions, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Section 12- 19 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 1249. Group accounts for collection.
(a) Any person who solicits solid waste collection services from a solid waste
collector for residential customers through a group account shall arrange for such
services in a manner that offers residential customers :
( 1 ) Choices from amongst volume capacity categories of the containers of solid
waste that are placed for collection by the residential customer;
(2) Charges to residential customers that are based upon such volume capacity
categories ; and
(3 ) Recycling services, including containers required to be provided for
recycling, in a manner consistent with § 15 -413 .
(b) Any person who is subject to the requirements of Subsection (a) above shall
provide written notice consistent with the notice required in § 15 -413 (d) to all
residential customers served through the group account. Said notice shall be given
to all such residential customers no more than thirty (30) days after notice of volume
capacity categories, related rates and recycling services and container options have
been provided by a solid waste collector. In addition, written notices shall be sent to
all new residential customers who join the group account after the date of the original
notice . Said additional notices shall be given to each new member no more than ten
( 10) days after the new member joins the group account. A copy of the form of each
such notice, a list of recipients of the notice, and a record of the date and manner of
distribution shall be retained by the person providing the notice for a period of five
(5 ) years from the date each notice was provided, and shall be made available to the
City for inspection upon request during said period of time .
(c) No person who is subject to the provisions of Subsection (a) above shall in
any way discourage or provide disincentives to any current or prospective residential
customer served through a group account who wishes to select a volume capacity
category or level of recycling service that is different from that selected by other
residential customers served through such account.
(d) For the purposes of this Section, the terms contained herein shall have the
same meanings as in § 15 -411 .
Section 2 . That Section 15 -411 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Poly-cart' which reads in its entirety as follows :
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Poly-cart shall mean a durable, plastic, wheeled container with a hinged lid,
manufactured and used for the collection of recyclable materials or for the collection
of refuse .
Section 3 . That Section 15 -412 of the Code of the City of Fort Collins are hereby
amended to read as follows :
Sec. 15412. License requirement.
(a) License required. No person shall operate as a solid waste collector within the
corporate limits of the City without first obtaining a collection license for such activity.
(b) Exemptions. The following persons or entities are not required to obtain a solid
waste collection license :
( 1 ) A civic, community, benevolent or charitable nonprofit organization
that collects, transports and markets materials for resource recovery solely for
the purpose of raising funds for a charitable, civic or benevolent activity;
(2) A person who transports solid waste or recyclable materials produced
by such person;
(3) A property owner or agent thereof who transports solid waste or
recyclable materials left by a tenant upon such owner's property, so long as
such property owner does not provide solid waste collection service for
compensation for tenants on a regular or continuing basis ;
(4) A demolition or construction contractor or landscaper who produces
and transports solid waste in the course of such occupation, where the solid
waste produced is merely incidental to the particular demolition or
construction work being performed by such person.
(c) Volume-based rates.
( 1 ) Any person licensed to operate as a solid waste collector within the City
shall charge all residential customers, including but not limited to residential
customers provided service through a group account, on the basis of the
volume capacity (or volume capacity category) of the containers of solid
waste placed for collection by each residential customer. The amount to be
charged for such containers shall be determined by each solid waste
collector; provided, however, that no volume capacity category shall exceed
a range of variation in volume capacity of more than thirty-two (32) gallons .
Collectors shall determine a rate for the thirty-two (32) gallon service, and
that rate shall be used to determine the rates for all other service levels . Said
charges shall be based upon the container size, rather than the volume of
solid waste actually deposited within such containers by the residential
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customers. The charge for additional containers of the same volume capacity
(or volume capacity category) shall be no less than the charge for the first
such container. The charge for prepaid bags or labels or for solid waste
volumes in excess of a customer service subscription level shall be by
volume capacity and shall be proportional by volume to the collector' s
standard rate for a thirty-two (32) gallon container.
(2) In order to further ensure that the charge for the collection of solid waste is
based upon volume as required above, any person licensed as a solid waste
collector shall provide to each residential customer disposable bags, or
labels to be attached to nondisposable containers, showing the volume
capacity (or volume capacity category) of such containers, or shall establish
another system for accomplishing the same purpose which is acceptable to
the City. A solid waste collector shall arrange for provision of service to
each group account in a manner that results in an individual selection by
each individual residential customer of a level of service from the full range
of container sizes and levels of service offered by the hauler.
(3 ) In offering or arranging for services, a solid waste collector shall provide
reasonable notice of the full range of bag or container sizes or levels of
service offered by the hauler, and shall provide to each residential customer
that customer's requested container size or level of service.
(4) It shall be unlawful for any person to knowingly attach any such label to a
container exceeding in volume the volume capacity (or volume capacity
category) shown on, or represented by, such label, and to place said
container for collection.
(5) No solid waste collector shall collect or transport solid waste which has not
been placed for collection through such system or in bags or containers upon
which such labels have been attached. Upon emptying any such containers,
the collector shall remove or otherwise void all such labels.
(6) The provisions of this Subsection shall not be construed as prohibiting any
collector from also establishing rules and regulations regarding the
maximum weight or loading of containers of solid waste and/or recyclable
materials .
(7) A collector shall not collect any overloaded container unless the collector
accounts for and bills the customer the appropriate fee or charge for the
collection of such excess solid waste . Loading of a container so as to
prevent the lid of the container from closing securely shall be deemed to
constitute overloading of the container for the purposes of this provision.
The determination of overloading and charges therefor shall be made on an
individual pick-up date basis, and there shall be no "averaging" of pick-up
volumes to allow for overloading at one time offset by a low volume at
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another time .
(d) Fixed fees. In addition to the volume-based rates required pursuant to
Subsection (c) above, solid waste collectors may, but are not required to, charge a
fixed fee only for solid waste collection services where bags or tags are used by their
customers rather than reusable containers for the purpose of covering the fixed
operational costs of routing service trucks for such collections . Surcharges for fuel
or other special surcharges or fees shall be deemed to constitute a fixed fee and shall
be permitted and charged only as set forth in this Subsection.
If a solid waste collector elects to charge such fixed fee, said fee shall not exceed
thirty-five (35) percent of the monthly volume-based rate charged for one thirty-two
(32) gallon container per week.
In the event that a solid waste collector elects to establish a fixed fee, all bills for
services provided by such collector to residential customers shall clearly show both
the fixed fee and the volume-based rate .
Section 4 . That Section 15 -413 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 15-413 . Recycling requirement.
(a) Curbsidelon-site collection.
( 1 ) Each solid waste collector licensed by the City shall make available to its
multi-family and commercial customers, and other customers receiving solid
waste collection services through a communal system of waste collection,
at the customer's option, curbside collection of recyclable materials as said
materials are designated from time to time by the City Manager as provided
in § 15 -414 of this Article . Notwithstanding the foregoing, the collection of
recyclable materials from customers pursuant to this Subsection shall not be
required if the collector provides documentation satisfactory to the City
verifying that there is not sufficient space available to allow the placement
of recycling containers without encroaching on needed parking areas or on
the sidewalk or street, or without impairing or impeding bicycle, pedestrian
or vehicular traffic .
(2) Each solid waste collector licensed by the City shall provide to each
residential customer in the City, as a part of any solid waste collection
services provided by such solid waste collector, the collection at curbside
of both solid waste and recyclable materials, as said materials are designated
from time to time by the City Manager as provided in § 15 -414 of this
Article . No such collector shall be permitted to divide or diminish the
provision of said basic service at the request of such customer or for any
other reason.
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(b) Collection of recyclable materials; rights and duties of collectors. All
licensed collectors of recyclable materials and solid waste operating within the City
shall have the following duties and rights :
( 1 ) Except for materials which customers have not properly prepared for
recycling, collectors may not commingle designated recycle materials with
refuse, nor dispose of recyclable materials set out by recycling customers by
any means other than at a qualified recycling facility. Recyclable materials
shall include all those materials designated by the City Manager as materials
which collectors must offer to collect for recycling.
(2) On or before January 1 , 2010, collectors must provide to each solid waste
customer who utilizes curbside recycling services within the City a poly-cart
container for storing and setting out recyclable materials meeting the
requirements of this Subsection, clearly marked as a recyclables container
with words or symbols or both. Collectors must annually offer in writing
annually�ta each residential recycling customer, in writing, a choice of at
least two (2) sizes of poly-cart recycling containers
at least sixty-four (64) gallons to in capacity,
one of which must be at least ninety-six (96) gallons in capacity. The
collector must provide the requested poly-cart without additional charge to
such customer, except that the collector may require the payment of a
refundable damage or loss deposit or a charge for lost or damaged poly-
carts, not to exceed the actual cost of the container. The collector must
provide a poly-cart for recycling to all residential recycling customers
except those customers who expressly decline a poly-cart, and must provide
a poly-cart to any customer at any time upon request within one ( 1 ) billing
period after the request is made .
(3 ) The collector may establish such reasonable and industry-accepted
requirements for the preparation of materials for recycling as are necessary
to provide for the orderly collection of recyclable materials, including
requirements regarding the preparation of materials for collection, the
collection of recyclable materials and requirements for source separation.
(4) In the event that a collector elects to perform collection of solid waste or
recyclable materials through subcontractors or agents, such agency
relationship shall not relieve the collector of responsibility for compliance
with the provisions of this Code and the rules promulgated hereunder.
(5) All recyclable materials placed for collection shall be owned by and be the
responsibility of the customer until the materials are collected by the
collector. The material then shall become the property and the responsibility
of the collector. No person other than the customer or the collector of
recyclable materials shall take physical possession of any recyclable
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materials placed for collection.
(6) Any vehicle used for the collection of recyclables must be clearly and
unambiguously marked as a recycling truck, whether by permanent decals
or markings, or by signage or placards displayed at all times during such
use .
(c) Frequency of collection .
( 1 ) All collectors providing solid waste collection services to residential
customers shall provide curbside recycling collection services to all
customers who desire such services . Recycling collection services shall
include collection from poly-cart recycling containers for all customers
except those who expressly opt to forego receipt of a poly-cart. Such
curbside recycling collection services shall be provided on at least a once-
weekly basis and on the same day of the week as the day of collection of
solid waste from the customer; provided, however, that collection of
recyclable materials need not be accomplished on the same day as the
collection of solid waste for multi-family dwelling units and dwelling units
located within mobile home parks . After January 1 , 2010, or after a
collector has offered and made available to its customers poly-cart recycling
containers, whichever first occurs, said collector may modify its recycling
collection schedule as long as curbside recycling collection services are
provided on the same day of the week as the day of collection of solid waste
from the customer and no less frequently than two (2) times per month.
(2) Collectors providing collection services to multi-family and/or commercial
customers shall provide services for the collection of recyclable materials
from such customers who desire such services with such frequency as is
necessary to prevent overflow of the recycling containers .
(d) Customer notification.
( 1 ) Upon the initial provision of solid waste collection services to new
customers, and on or before December 31 of each year with respect to
existing customers , collectors shall notify in writing such customers of the
availability of the collection of recyclable materials, the range of poly-cart
recycling containers available, the materials designated for recycling
collection pursuant to § 15 -414 and such rules and regulations as have been
established by the collector for the orderly collection of recyclable materials
as authorized pursuant to Paragraph 15 -413 (b)(2) . Such notice shall further
include notification of the variable rate solid waste collection service
options offered by the solid waste collectorand the related volume-based
rates and fixed charges .
(2) The form of notice shall be submitted to the City for review for consistency
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with the requirements of this Article, and to ensure that the notice is
sufficient to fully inform customers of the availability of recycling and level
of service options .
(3 ) For group accounts, the notices required hereunder may be sent to the group
representative for said account, provided that such notice shall further notify
said representative of its obligation to notify all individual residential
customers within the group of the availability of recycling services and the
terms of variable rate service options, pursuant to Subsection 12- 19(b) .
(4) All verbal and written communications with customers by or on behalf of
a collector, whether in person, by telephone, in written form or through any
other means, must be consistent with and clearly and accurately describe all
components of the system employed by the collector to provide and charge
for variable rate solid waste collection and recycling services .
(5) The collector shall deliver to the City's Natural Resources Director a true
and correct copy of each form of such notification sent on or before
December 31 of each year.
(e) Recycling only of electronic equipment.
( 1 ) No collector shall collect for disposal any electronic equipment, regardless
of whether such electronic equipment has been placed or set out for
disposal.
(2) Collection of electronic equipment for recycling shall be at each collector's
option; provided, however, that no collector providing collection services
for electronic equipment may dispose of any such electronic equipment.
Instead, each such collector must deliver any collected electronic equipment
for recycling at a qualified recycling facility for electronic equipment.
Section 5 . That Section 15 -415 of the Code ofthe City ofFort Collins is hereby amended
to read as follows :
Sec. 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. All applications for renewal of a license by a licensed collector
must be submitted no later than November 30 in advance of the new license year.
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;
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(3 ) A list of vehicles owned and/or operated by the applicant directly in the
collection of solid waste and/or recyclables, or operated or located at any
time in Fort Collins during the current or pending license year, including
vehicle make, color, year, U. S . Department of Transportation safety
inspection identification number, cubic yard capacity, Colorado license plate
number and empty tare weight.
(4) A description of the system to be used to account for and charge volume-
based rates, as required under Subsection 15 -412(c), and a plan describing
the structure and operation of the recycling collection services to be offered
to each customer class . The description of the system shall include a
detailed description of the means by which residential customers are notified
of and offered the full range of sizes of bags or containers provided for solid
waste collection and those provided for curbside recycling. In addition, the
description shall provide sufficient detail to allow the Financial Officer to
determine the means by which volume-based rates are applied to residential
customers receiving waste-hauling services through any group account, such
as the formula used to set volume-based rates for any group accounts, and
the methods used to offer and account for the volume-based charges .
(5) All information required pursuant to § 15 -418 (a) for the preceding twelve
( 12) month period.
(b) The Financial Officer shall determine whether an application meets the
requirements of this Article, and whether all taxes, fees, penalties, interest or other
financial obligations to the City of the applicant or any predecessor in interest of the
applicant have been met, and whether the applicant is in current compliance with the
requirements of this Article. The Financial Officer may request such additional
information as he or she deems relevant to a determination of whether the
requirements of this Article will be met by the applicant. The Financial Officer may
deny any application if the Financial Officer reasonably determines that any
requirements of this Article will not be met by the operation proposed by the
applicant, or if the applicant is ineligible for a license under the terms of a revocation
determination by the City Manager pursuant to § 15 -426 .
(c) Upon a determination by the Financial Officer of whether a license shall
issue under this Section, the Financial Officer shall give written notice to the
applicant of his or her decision thereon. An applicant whose application has been
denied may, within twenty (20) days after such decision is mailed, petition the City
Manager for a hearing on the denial. The City Manager shall notify the applicant in
writing of the time and place of the hearing. After such hearing, the City Manager
shall make such order in the matter as he or she deems just and proper and shall
furnish a copy of such final order to the applicant.
Section 6 . That Section 15 -416 of the Code of the City of Fort Collins is hereby amended
to read as follows :
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Sec. 15-416. License requirements ; fees and insurance.
Upon approval of a license application, but prior to issuance, the collector shall
furnish to the Financial Officer the following :
( 1 ) A license fee in the sum of one-hundred dollars ($ 100 . ) for each
vehiclerequired to be identified under § 15 -415 (a) ; and
(2) Proof that the collector has obtained a general comprehensive
liability/automobile insurance policy protecting the collector from all claims
for damage to property or for bodily injury, including death, which may
arise from operations under or in connection with this license and providing
limits of coverage of not less than five hundred thousand dollars ($500,000 .)
for bodily injury and property damage per occurrence or in the aggregate ;
and
(3 ) Proof that each vehicle required to be identified under § 15 -415 (a) has been
registered with the U. S . Department of Transportation.
Section 7 . That Section 15-418 of the Code of the City of Fort Collins is hereby amended
to read as follows :
Sec. 15418. Plans, recordkeeping and reports.
(a) Each collector must accurately and completely account for and record, and
report to the City using a form provided by the City, the following :
( 1 ) the specific manner in which trash collection and recycling services have
been delivered in compliance with this Article, including, but not limited to,
a complete list of all rate schedules used to charge for such services,
including those offered to individual customers and those offered to group
accounts, as well as the frequency of collection of trash collection and
recycling services;
(2) a description of any system used to impose and verify charges for trash
volumes in excess of customer subscription levels ;
(3 ) the number of individual residential, multi-family and commercial
customers who received solid waste collection services from the collector,
by category, together with the number of group accounts within each
category and the number of any such customer category that received
services through a group account; and
(4) the number of customers within each category that subscribe to each level
of solid waste and recycling services, as well as the number of customers
that utilize pre-paid bag or tag services, and the number of recycling poly-
- 10-
carts provided to customers, by size of poly-cart.
(b) In addition, prior to implementation of any change to operational systems,
plans or structures of any licensee which are required to be reported for issuance of
a license or annually hereunder, the collector must submit such changes to the City
for review.
(c) All information submitted to the City pursuant to this Section shall constitute
public information, except as otherwise provided in the Colorado Open Records Act.
Any such information constituting confidential customer records or financial
proprietary information and identified as such by the licensee shall be maintained as
confidential by the City, unless otherwise required by court order or as agreed by the
relevant party-in-interest. If the City receives a request for public inspection or a
request for release of any collector customer records or collector financial
information to a third party, the City shall provide timely notice of such request to
the licensee .
(d) Each collector licensed pursuant to this Article shall maintain accurate and
complete records of the service provided to each residential customer, the charges
to such customer and payments received, the form and recipients of any notice
required pursuant to this Article, and any underlying records, including any books,
accounts, contracts for services, written records of individual level of service
requests, invoices, route sheets or other records necessary to verify the accuracy and
completeness of such records . It shall be the duty of each collector to keep and
preserve all such documents and records, including any electronic information, for
a period of three (3 ) years from the end of the calendar year of such records, except
for paper records of route sheets, which may be discarded one ( 1 ) year after the end
of the calendar year of such route sheets .
(e) Promptly upon a request by the City Manager in connection with an audit
or other investigation he or she has initiated, a licensee shall make records retained
pursuant to Subsection 15 -418(b) available, at its place of business or in such other
reasonably convenient location as the licensee shall specify, for review by the City
Manager, the Financial Officer or his or her designee, or an officer of the City
charged with the investigation of potential violations of the Code, for the purpose of
enforcing the requirements of this Article.
(f) A licensee shall make available for review by the City such records in its
possession as may be relevant to the investigation of any complaint regarding such
licensee that has been submitted to the City or is under investigation by the City.
(g) All collectors shall accurately and completely report to the City the
following information, which shall be deemed to constitute public information :
( 1 ) Number of tons of solid waste collected in Fort Collins from all residential,
multi-family and commercial customers, and any other customer category,
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reported by category of customer. The weight of solid waste collected shall
be documented and verified based on actual load weight measurements of
a representative solid waste load no less frequently than on a calendar
quarter basis , using a scale certified by the State of Colorado, which actual
weight information shall also be described and reported.
(2) Number of tons of each type (as determined by the City Manager pursuant
to § 15 -414) of recyclables collected through the commercial and multi-
family 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
for each full half-year of curbside collection performed by the collector. A
half-year shall mean January I 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 8 . That the amendments to Section 15 -412(c)( 1 ) and (d) shall be effective as of
July 1 , 2009 .
Introduced and considered favorably on first reading and ordered published this 5th day of
May, A.D . 2009, and to be presented for final passage on the 19th day of May, A. D . 2009 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 19th day of May, A.D . 2009 .
Mayor
ATTEST :
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City Clerk
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