HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/06/2016 - FIRST READING OF ORDINANCE NO. 109, 2016, AMENDINGAgenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY September 6, 2016
City Council
STAFF
Caroline Mitchell, Environmental Planner
Jackie Kozak-Thiel, Chief Sustainability Officer
Jeff Mihelich, Deputy City Manager
Lucinda Smith, Environmental Sustainability Director
Susie Gordon, Senior Environmental Planner
SUBJECT
First Reading of Ordinance No. 109, 2016, Amending Certain Provisions of the Code of the City of Fort Collins
Related to Collection and Disposal of Refuse, Rubbish and Recyclables, and Solid Waste Collection and
Recycling Services, including Repealing and Reenacting Chapter 15, Article XV of City Code.
EXECUTIVE SUMMARY
The purpose of this item is to consider adoption of the Community Recycling Ordinance (CRO). This ordinance
would allow private haulers the option to apply a service surcharge on residential trash and recycling bills;
require private haulers to offer optional yard trimming collection to single family customers from April through
November for a separate, opt-in fee; require private haulers to provide recycling service to businesses and
apartment complexes by 2020; and require grocers to subscribe to compost collection service by the end of
2017. The CRO builds on existing policy and is designed to make progress toward Council’s adopted waste
reduction goals.
NOTE: Highlighted blanks on page 12 of Ordinance No. 109, 2016, must be completed by adoption of a
motion or as part of the vote on the Ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. Staff recommends the implementation option
whereby 40% of existing, non-recycling multi-family and commercial customers would add recycling by the end
of 2018 and the remainder by the end of 2020.
BACKGROUND / DISCUSSION
In 2013, Fort Collins City Council adopted a goal of recycling or composting 75% of the community’s discards
by 2020, leading to an ultimate goal of zero waste. The CRO builds on existing policy and is designed to make
progress toward Council’s adopted goals. The CRO consists of four areas: single-family residential trash and
recycling billing, optional single-family yard trimmings collection service, recycling for multi-family complexes
and businesses, and grocer composting.
City Council considered the CRO during work sessions on October 13, 2015, January 26, 2016, and June 28,
2016. The ordinance presented is a reflection of the feedback from these work sessions. City staff also worked
closely with Fort Collins trash haulers to ensure the Ordinance is feasible for them (see notes from meetings
with haulers in Attachment 11). Specifically, the method for delivering multi-family and commercial recycling
was a recommendation from haulers as a way to provide recycling service with minimized administrative
burden.
Agenda Item 14
Item # 14 Page 2
Single-Family Pay-As-You-Throw
In 1996, Fort Collins adopted a Pay-As-You-Throw (PAYT) ordinance, which applies to single-family residents.
It bundles recycling in with the cost of trash service, and requires that trash services be charged by volume by
prescribing a percent price difference between the sizes of trash carts. Trash and recycling service in Fort
Collins is provided by the private sector, and haulers set their own rates for service - the PAYT provides the
framework through which that service is delivered.
PAYT has become an EPA-recognized best practice to encourage recycling and reduce waste; over 9,000
communities across the US utilize PAYT. The CRO keeps Fort Collins’ PAYT intact.
1. Service Surcharge
The CRO permits a service surcharge, which reinstates a fee that private haulers were able to charge prior to
2009. In order to account for fluctuating costs outside the haulers’ control such as the cost of fuel or charges to
deliver recyclables, the CRO enables the haulers to impose a service surcharge of up to 25% of the cost of the
smallest trash cart service.
Haulers who elect to apply the service surcharge would charge the same amount to all customers, regardless
of the size of trash cart to which they subscribe. At current average rates charged by Fort Collins’ haulers, a
25% service surcharge would total around $3 per month. It is not anticipated to have an impact on the amount
of material recycled by single-family residents in Fort Collins.
2. Single Family Opt-In Yard Trimming Service
The CRO includes a requirement that private haulers who service single-family residents must offer yard
trimmings collection from April through November each year starting in 2017. They may charge an extra fee
for this service and the service is optional for single family customers. Two of three private single-family
haulers currently offer some form of yard waste collection.
3. Business and Multi-Family Recycling
According to 2015 reports from Fort Collins’ haulers, 96% of single-family residents subscribe to recycling
service, whereas 70% of apartment complexes and 49% of businesses subscribe to the service. An estimated
15,000 additional tons per year of resources could be recycled every year if all Fort Collins businesses and
apartment complexes recycled.
The CRO requires that haulers provide recycling service to all apartment complexes and businesses by the
end of 2020.
To ensure progress toward the goal, the CRO proposes establishing interim targets for a percentage of the
haulers’ customers to receive recycling service between 2017 and 2020. At the January 26, 2016 Work
Session, an option was presented for interim targets of adding 25% of existing customers per year from 2017
through 2020. In recent discussions with the private haulers, they indicated a preference for either no
mandatory interim phase-in targets, or an interim target of 40% by 2018 and 100% by the end of 2020.
It is important to note that the Ordinance as presented includes blanks for the required benchmarks from
2017 to 2020 so that City Council will have the opportunity to discuss alternative approaches and make a
determination as to the benchmarks to be inserted during First Reading.
Agenda Item 14
Item # 14 Page 3
Number of Customers To Receive Recycling Service Per Year in Phase-In Approaches
(Numbers represent all three haulers combined)
Phase-in Version Number of Existing, Non-Recycling
Business Customers to Start
Recycling
Number of Existing, Non-Recycling
Multi-Family Customers to Start
Recycling
25% per year 400 per year 17 per year
40% by end of 2018 650 by end of 2018 950 by end of
2020
27 by end of 2018 40 by end of 2020
none 1600 by end of 2020 70 by end of 2020
The CRO requires that recycling be a minimum of one-third of the overall service (both solid waste and
recycling) provided to a business or multi-family customer, unless a variance has been approved for that
customer. For example, if a customer receives 6 cubic yards of trash service weekly now, under the CRO that
customer would receive at least 2 cubic yards per week of recycling service and 4 cubic yards per week of
trash service. Customers can subscribe to more than the one-third minimum of recycling, but must have an
approved variance to subscribe to less than one-third.
Anticipated cost impact for businesses and apartment complexes is difficult to estimate, but could be 33-50%
higher than the cost of trash service alone. However, the cost impact to a specific location (that is not currently
recycling) will be significantly impacted by whether they “right size”, or adjust down, their trash service, as
demonstrated below:
Example of service levels with and without right-sizing recycling
Current trash-only
service
Recycling plus trash,
NO right-sizing
Recycling plus trash,
WITH right-sizing
Cubic yards (cy) of
service
6 cy of trash service 6 cy of trash service, 3
cy of recycling service
4 cy of trash service, 2
cy of recycling service
Overall volume of
service provided
6 cy total 9 cy total 6 cy total
With adoption of the CRO, City staff would expand the existing Waste Reduction and Recycling Assistance
Program (WRAP), which helps businesses and apartment complexes start or improve their recycling
programs. WRAP helps with recycling program implementation, and recycling start-up rebates can be used for
purchasing indoor recycling bins or other costs to start a recycling program.
Because education is very important to successful recycling programs, the CRO includes requirements that
haulers provide educational signage for use inside businesses or apartment complexes, as well as recycling
decals on recycling containers outside the buildings. To support the haulers and provide consistency across
the community, the City has committed to providing the haulers with educational signage for use in the
businesses and apartment complexes. The City will also provide the haulers with decals, including pictures of
accepted recyclables, for use on outdoor containers. If preferred, the haulers also have the option to generate
and use their own educational materials, which would then need to be approved by the City for message
consistency.
4. Grocer Composting
Over 50% of the material still being landfilled by the Fort Collins community could be composted, such as food
scraps, yard trimmings, wood and paper. These materials generate methane when landfilled, which is a potent
greenhouse gas. While strong interest remains in creating programs to compost materials from more areas of
the community, compost opportunities for single-family homes and restaurants are still developing. However,
the compost collection systems for grocers appear to be well developed at this point; 60% of grocers in Fort
Collins already compost.
Agenda Item 14
Item # 14 Page 4
The CRO code language applies to grocers that dispose of 96 gallons or more of compostable material per
week, which is the lowest level of service available. Due to extensive donation and waste prevention activities,
Beavers’ Market disposes of much less than 96 gallons of compostables per week and they would not be
required to compost under the CRO. Fort Collins grocers that do not currently compost that would be affected
by the ordinance include Safeway, Albertson’s and Super Target stores. Staff conducted outreach to these
locations, and none of them expressed concern about starting composting.
Future Consideration of Residential Organics Collection and Restaurant Composting
Residential curbside collection of food scraps and yard trimmings and requiring restaurants to compost were
included in the originally-proposed CRO. They have since been removed and delayed for future consideration
for the following reasons:
Ongoing analysis of the quantities of food scraps generated in Fort Collins will provide greater
accuracy about the volume of material available
Potential new technologies are under consideration, such as increased anaerobic digestion capacity at
the Drake Water Reclamation Facility
Regional Planning project in collaboration with Loveland, Larimer County and Estes Park includes a
focus on options for composting organics.
The first half of a two-season waste characterization of materials landfilled from Fort Collins was completed
this spring, and showed that 58% of the residential material and 40% of the commercial / multi-family material
landfilled could be composted (see more detail in Attachment 4). It is clear that finding options for composting
are essential to meeting the Road to Zero Waste goals as well as greenhouse gas reduction goals. Given the
evolving conversations about this topic, staff will return to Council to discuss compost collection for residential
generators and restaurants in one year.
During the process of drafting the ordinance, a conversation arose regarding the appropriate amount and
method for haulers to share information regarding HOA / group account information with City staff. The
information is needed for enforcing the PAYT ordinance as well as to enable staff to proactively work with
management companies to ensure educational information is distributed to residents in HOAs. Additional
discussion is needed to develop a resolution. Staff proposes to revisit this topic next year when organics
collection options are discussed.
Impacts of programs
A summary of the greenhouse gas impacts, diversion from the landfill estimations, and modeled cost for
service impacts are included in Attachment 1.
Additional Information
At the June 28 work session, City Council requested additional information, which is included as attachments.
The information includes:
Context for the CRO in relation to the waste stream as a whole, Road to Zero Waste (RTZW) goal and
RTZW Plan elements (Attachment 4)
Best practices in recycling education (Attachment 5)
A summary of best practices and lessons learned from Colorado communities with compost programs
(Attachment 6)
A compilation of the municipal organization’s waste reduction and recycling programs (Attachment 7)
Information about how the recycling tip fees at the Larimer County Recycling Center are calculated
(Attachment 8).
Agenda Item 14
Item # 14 Page 5
CITY FINANCIAL IMPACTS
The CRO is implemented by the private sector and is funded by user fees for service. Regulation of haulers
under the CRO is expected to be consistent with the current workload for this task and can be accomplished
with existing staffing.
The City’s Environmental Services Department currently provides education to the community as well as
assistance to businesses and apartment complexes through WRAP (described above). To support the new
locations starting to recycle, the City has offered to create and pay for educational materials for use inside
businesses and graphics-based decals for application on recycling dumpsters to all haulers to use for no
charge. To support the haulers and provide consistency of message, the City has also offered to create and
fund the annual educational material distributed to residents by haulers. The creation of these materials can be
paid for from existing Waste Reduction and Recycling program funds.
Enforcement of the CRO provisions by Neighborhood Services staff can be accomplished with existing staffing
until 2020, when commercial and multi-family recycling requirements go into full effect communitywide.
BOARD / COMMISSION RECOMMENDATION
Staff received input in 2015 from the Affordable Housing Advisory Board, Senior Advisory Board, Economic
Advisory Board, Natural Resources Advisory Board (NRAB), and Air Quality Advisory Board (AQAB). The
NRAB and AQAB have continued to receive updates and participate in discussion of the CRO in 2016.
In June 2016, NRAB submitted a memo to Council expressing support for the December 2016 package of
CRO elements, which reflects the current package except that it included the single-family curbside organics
collection and required restaurant composting. In August 2016, the Air Quality Advisory Board submitted a
memo in support of the proposed package and expressing interest in timely progress to further address
organics.
A summary of memos to Council and minutes from boards and commission meetings regarding the CRO is
included in Attachment 10.
PUBLIC OUTREACH
Extensive public outreach was conducted on the CRO, particularly in the development stages in summer 2015.
A comprehensive summary is provided in Attachment 3.
Feedback from the open-ended questions in the online questionnaire centered around support for maintaining
the bundled recycling / trash service for single-family homes; ensuring that incentives to recycle were
maintained; interest in organics collection from single-family homes; and interest in recycling at apartment
complexes and businesses.
Overall feedback from public outreach was supportive of the CRO, and ASCSU (the CSU student government)
submitted a memorandum of support for the project. Outstanding areas of concern for some include potential
service cost increases’ impact on housing affordability, space restrictions including small trash enclosures, and
expensive asphalt damage due to additional trash truck traffic.
Staff also met with trash haulers all together at least seven times and many times individually throughout the
project to ensure the options were feasible for them and to integrate their perspectives. Haulers also were
members of the advisory group for this project.
Results from the 2015 Citizens’ Survey, a statically-significant survey conducted by the City’s Communications
and Public Engagement Office showed strong citizen support for recycling initiatives:
Agenda Item 14
Item # 14 Page 6
68% of Fort Collins residents expressed support for prohibiting the landfill disposal of recyclables
60% of residents supported prohibiting yard waste from being sent to the landfill
Banning materials from the landfill is a step further than actions being proposed in the CRO, but these results
reflect the interest in the community for additional recycling and composting opportunities.
ATTACHMENTS
1. Analysis of Elements of Community Recycling Ordinance (PDF)
2. Summary of Draft Changes to Code Language for Community Recycling Ordinance (PDF)
3. Public Engagement Summary (PDF)
4. Context of Community Recycling Ordinance with Entire Waste Stream, Road to Zero Waste Goals and
Plan (PDF)
5. Recycling Education Best Practices (PDF)
6. Information Regarding Composting in other Colorado Communities (PDF)
7. Municipal Recycling Progress Summary (PDF)
8. Information Regarding the Calculation of Recycling Tip Fees (PDF)
9. Sustainability Assessment Summary and Tool (PDF)
10. Summary of Board and Commission Meeting Memos, Resolutions, and Notes (PDF)
11. Compilation of Memos Sent to Council Regarding Staff Meetings with Haulers from November 2015 to
August 2016 (PDF)
12. Work Session Summary Memos Regarding Community Recycling Ordinance (PDF)
13. Chapter 15, Article XV of City Code, redlined to show changes (PDF)
14. Powerpoint presentation (PPTX)
1
Comparison & Analysis of Elements of Community Recycling Ordinance
Estimated diversion
impact, progress toward
2020 Road to Zero Waste
(RTZW) goal
Estimated GHG
impacts
(MTCO2E),
progress toward
2020 CAP goal
Estimated cost to user
(monthly)
Comments
Single-family
service surcharge
equal to up to 25%
of cost of smallest
cart rate
No likely impact on
diversion
None Up to $3-4 Allows haulers to cover
cost of fluctuating items
such as fuel or fee to
deliver recyclables.
Multi-family /
commercial:
requiring recycling
be at least 33% of
overall service
o 15,000 tons
o 4.2 percentage point
diversion rate increase
o 25% of tons needed for
2020 goal
o -12,740 tons
o 5.1% of
reductions
needed to meet
2020 CAP goal
Additional
33% to 50% cost /
customer
(for those not already
recycling)
Would include process to
opt-out if location self-
hauls recyclables or
otherwise can’t recycle.
Require haulers to
provide optional
yard trimmings
collection from all
single-family
homes
o 400 tons
o 0.1 percentage point
diversion rate increase
o 1% of tons needed for
2020 goal
1
Summary of DRAFT Changes to Code Language for Community Recycling Ordinance
Change in code language Reason for change
Changes Impacting Single-Family Residential Service
Clarifies that a small capacity trash container (30-39 gal) option is
required §15-412(c)(1)
Provides greater clarity
Allows service surcharge up to 25% the cost of the smallest trash
can §15-412(e)(2)
Reinstates pre-2009 fee to pay for fluctuating costs
such as fuel or recycling fees
Haulers must send City-provided recycling guidelines and
information about pay-as-you-throw to customers once / year.
Information must be sent in paper form to customers receiving
paper bills or service calendars. Customers who receive all
electronic communications can receive information electronically
§15-413(d)(1)
Haulers have been required to send residents
educational information for many years. In order to
support the haulers and ensure consistency of
information to residents, the updated ordinance
requires the educational materials sent out by the
haulers be created and funded by the City.
Homeowner’s Association and other group service contracts must
be in writing, be kept on file, and be available for review by City
staff or designated auditors §15-412(c)(2) and 15-420(d)
Allows City to follow up on complaints and requires
documentation consistent with enforcing the
ordinance
Amount of recycling included in basic service is equal to two large
capacity (90-99-gallon) containers
§15-413(a)(1)
Prevents residents from putting out excessive
amounts of recycling for no additional fee, which
currently causes issues for haulers
Hauler can require residential recycling to fit inside cart if
customer has 2 large capacity containers
§15-413(a)(2)
Allows for automated collection of recycling carts –
if all recycling is in a cart, hauler’s staff doesn’t have
to exit truck to service the cart
Hauler must offer yard trimmings collection service as of
4/1/2017. Can charge separate fee for service §15-414(a)
Allows all residents access to yard trimmings
collection service, no matter the hauler they select
Yard trimmings can’t be landfilled – have to be composted or
mulched §15-414(c)
Clarifies appropriate uses for yard trimmings
collected
Changes Impacting Grocery Stores
By December 31, 2017, grocers must have compost collection
service for food scraps
§12-23(a)
All grocers will have compost collection service,
consistent with Road to Zero Waste Plan and
council-adopted goals for waste reduction and
greenhouse gas reduction
Applies only if store disposes of more than 96 gallons of food
scraps per week
§12-23(a)
2
Changes Impacting Multi-Family and Commercial Service
Requires hauler to provide recycling with trash service by end of
2020 (not required to bundle costs – recycling can be charged as
separate fee)
x Recycling must be at a minimum 33% of total solid waste
and recycling service volume
§15-413(b)(3)
All multi-family and commercial customers will have
recycling service, consistent with Road to Zero
Waste Plan and council-adopted goals. Method for
delivering the service with minimum recycling
requirement was suggested by haulers as way to
achieve goals with less administrative burden.
Haulers are required to provide recycling service to at least xx% of
their existing non-recycling customers per year from 2017 to 2020
(pending further input from Council)
§15-413(b)(3)
Ensures progress toward 2020 requirement for all
multi-family and commercial locations to have
recycling
If customer refuses recycling service, but does not qualify for any
variance, customer still has to pay for recycling service
§15-413(b)(3)
Provides clarity that customers aren’t required to
use recycling service, but must pay for service
(similar to residential pay-as-you-throw)
Customers can apply for a variance for the following reasons:
x Space constraints, self-haul their recyclables
x Contracts separately for recycling services (not provided by
solid waste provider)
x Recycling bin location would be unsafe to service
x Doesn’t generate recyclables
o If customer doesn’t generate recyclables of at least 33%
of total volume of waste and recycling, but does generate
at least 96 gallons / week of recycling, the customer is
required to have the level of recycling service equivalent
to what the customer generates.
§15-413(b)(3)(i)
Outlines exceptions to the ordinance
Customers apply for variances with City; approval or rejection of
variance shared with customer, hauler
x If variance rejected, hauler must charge for solid waste and
recycling services without cost reduction
x If variance approved, rate may be reduced to exclude charges
for recycling
§15-413(b)(3)(i)
Clarifies process for variances
Variance would be valid for 5 years, at which point customer
could apply again if situation remains
§15-413(b)(3)(iv)
Clarifies effective length of time for variance
Haulers provide customers with recycling guidelines signage for
use in facilities
x Can use own materials if City-approved or can use City-
provided materials
§15-413(b)(5)
Ensures following best practice of providing
educational material where needed, especially for
those new to recycling
3
Administrative Changes
Minor edits made to a number of definitions
§15-411
Clarity and simplicity; some necessary to implement
new provisions outlined above
Includes haulers of yard trimmings, food scraps and recyclables in
definition of “collector”, which has effect of requiring a license for
any company collecting trash, recycling, yard trimmings or food
scraps
§15-411
Allows for enforceability of ordinance on collectors
of all materials
Adds language clarifying that carts can be placed on the street
side of the curb for servicing, except if on arterial street or cart
would block bike lane (permitted by City Code §23-46)
§15-411
Allows haulers to service bins from most efficient
location for automated trucks
Adds definition of food scraps usage hierarchy for use in
designating materials as compostable locally and clarifying that
food donation is preferred over composting food
§15-411
Ensures that ordinance is not interpreted to require
food be composted that could have been donated
Defines volume categories for sizes of carts
§15-411
Retains intent of ordinance but allows haulers
freedom to use carts from various manufacturers,
which have slightly varying capacities
Adds hierarchy of materials management definition for use in City
Manager’s designated recyclables list
§15-411
Provides consistency with other communities and
baseline for determining whether a material is
recyclable locally
City Manager shall update designated recyclables list by October
1st each year
§15-416(a)
Moves date up from current Nov. 30 – allows time
for haulers to adapt to any changes before
determining next years’ rates
Haulers must provide on licensing application information about
organics collection program and how it fits with regulations
§15-417(a)
Similar to current requirements for recycling service,
allows for enforcement of ordinance
Haulers must include amounts of yard trimmings collected as part
of tonnage reporting
§15-420(a), (g)
Similar to current requirements for recycling service,
provides consistency in ordinance
Page 1
PUBLIC ENGAGEMENT SUMMARY
PROJECT TITLE: Community Recycling Ordinance
OVERALL PUBLIC INVOLVEMENT LEVEL: Collaborate with key stakeholders to develop new policy
recommendations based on community feedback.
BOTTOM LINE QUESTION: What is important to keep about our current recycling system Fort Collins and which
next steps are of most interest in meeting our waste reduction goals as a community?
Stakeholder Group Presentations / Meetings
All Property Services, July 16, 2015
Sustainable Living Association, July 21, 2015
Chamber of Commerce LLAC, July 24, 2015
League of Women Voters, July 30, 2015
ASCSU Community Affairs, Aug. 4, 2015
ClimateWise Members, Aug. 11, 2015
Multi-Family Managers, Aug. 11, 2015
Northern CO Clean Cities Coalition, Aug. 17, 2015
CSU Executive Faculty Committee, Aug. 25, 2015
North Fort Collins Business Assoc’n, Aug. 26, 2015
South Fort Collins Business Association, Sept. 8, 2015
City Issues and Answers, Sept. 10, 2015
Northern CO Rental Housing Assoc’n, Sept. 15, 2015
CSU President’s Sust. Committee, Sep. 21, 2015
Chamber of Commerce LLAC, Nov. 20, 2016
Updates at Northern CO Rental Housing Association
Meetings March, April, May 2016
Chamber of Commerce LLAC, July 15, 2016
City Boards and Commissions Presentations
Affordable Housing Advisory Board, Aug. 6, 2015
Senior Advisory Board, Sept. 9, 2015
Economic Advisory Board, Sept. 16, 2015
Natural Resources Advisory Board, Sept. 16, 2015
Air Quality Advisory Board, Sept. 21, 2015
Natural Resources Advisory Board, Dec. 16, 2015
Natural Resources Advisory Board, June 15, 2016
Air Quality Advisory Board, June 20, 2016
Meetings with Fort Collins haulers
(In addition to advisory group meetings which
included Fort Collins’ haulers)
Aug. 11, 2015
Individual meetings week of Sept. 28, 2015
Nov. 6, 2015
Nov 17, 2015
Dec. 22, 2015
Individual meetings Apr. 5-18, 2016
May 19, 2016
May 23, 2016
Aug. 3, 2016
PUBLIC ENGAGEMENT CONDUCTED:
2015 Public Meetings
ͻ June 30, 6:30 p.m.,
215 N. Mason St.
Community Room
ͻ July 1, 11:30 a.m.
Senior Center
ͻ August 11, 6:30 p.m.
Council Tree Library
ͻ August 12, 11:30 a.m.
Chamber of Commerce
ͻ December 17, 4:30 p.m.
215 N. Mason St.
Page 2
Advisory Boards
External Advisory Board (met in 2015: June 22, July 21, Aug. 5, Aug. 12, Aug. 24, Sept. 14)
Members:
x Bob Mann, Natural Resources Advisory
Board
x Joe Piesman, resident
x Sarah Gallup, resident
x John Drigot, Poudre Valley Hospital
x Stacey Baumgarn, CSU
x John Holcomb, Poudre School District
x Ray Meyer, Ram Waste
x John Puma, Ram Waste
x JP Puma, Ram Waste
x Matt Gallegos, Gallegos Sanitation
x John Newman, Waste Not
x Todd Noe, Waste Management
x Rich Morford, Waste Management
x Scott Hutchings, Waste Management
x Pete Gazlay, Total Facility Care & Chamber
of Commerce LLAC President
x Carrie Gillis, multi-family property
management, Chamber of Commerce LLAC
member
x Stephen Gillette, Larimer County Solid
Waste
x Hunter Buffington, Sustainable Fort Collins
x Mary Anderson, Sierra Club
x Georgia Locker, League of Women Voters
x Ginny Sawyer, facilitator
Internal Advisory Board (met in 2015: May 27, July 23, Aug. 5, Aug. 26, Sept. 28)
Members from: Communications and Public Involvement, Social Sustainability, Economic Health, Finance, Utilities
Customer Accounts, City Attorney’s office.
Summary of Feedback from Online Questionnaires, Summer 2015
Two online questionnaires were posted during the development phases of the CRO. The questions for both were
intentionally open-ended to ensure the responses reflect the issues most important to respondents. The
respondents were self-selected and the summary provided is not statistically significant.
The first survey asked what respondents would keep about Fort Collins’ current recycling systems, what they
would change, and which programs should apply to which sectors of the community. The second survey asked
which elements of the proposed CRO respondents liked or disliked about the CRO and why. Both surveys asked
the main message the respondent would like to share regarding recycling in Fort Collins.
Key themes from questionnaire #1
(172 responses)
x Supportive of including multi-family properties in
recycling (103)
x Supportive of including commercial properties in
recycling (100)
x Add curbside yard waste collection (51)
x Like the current Pay-As-You-Throw system (41)
o keeping recycling and trash service
bundled / not paying extra for
recycling
x Would like recycling picked up weekly (24)
x Offer a free yard waste drop-off (13)
x Want more education (15)
Key themes from questionnaire #2
(76 responses)
x In favor of both yard waste and food scraps
curbside collection (35)
x Inclusion of multi-family and commercial
1
Context for the Community Recycling
Ordinance Project Related to Overall Waste
Generated and Adopted Goals
Percentage of Waste Stream Impacted by Community Recycling
Ordinance (CRO)
The Community Recycling Ordinance (CRO) has an important role in addressing the community’s waste diversion goals.
It fits into programs that were recommended in 2013’s Road to Zero Waste (RTZW) Plan. The chart above shows that up
to 60% of the waste generated by Fort Collins could be impacted by the CRO.
The 2020 RTZW goal calls for 75% diversion rate and limiting waste generation to 3.5 pounds/day/capita. For Fort Collins
to meet this goal, 60,000 additional tons will need to be diverted from landfill disposal. As the following chart shows, the
CRO will divert an estimated 16,050 additional tons by:
x Expanding commercial and multi-family recycling (15,000 tons)
x Expanding seasonal single-family yard trimming collection (400 tons)
x Requiring composting for grocery stores (650 tons).
NOT
Impacted by
CRO
40%
Impacted
by CRO
60%
Tons Landfilled by Sector in 2015
Residential
32% Industrial
40%
Commercial
28%
ATTACHMENT 4
2
CRO Role in Progress to 2020 Road to Zero Waste Goal of 75% Diversion
Beyond the new 16,050 tons of waste diversion that will result from the CRO, Fort Collins will need to apply strategies
for diverting an additional 43,950 tons to reach its 2020 goal. As identified in the Road to Zero Waste Plan, other
initiatives that could be investigated include:
x Year-round collection of single-family yard trimmings and food scraps (19,000 tons)
x Required food scrap collection from restaurants (25,000 tons)
x Develop construction and demolition debris separation/recycling facility (18,000 tons)
x Develop a reuse warehouse (5,000 tons)
x Create a sweeping “culture change” in the community that incorporates awareness, education, training,
reinforcement/compliance with adopted City ordinances, etc. (45,000 tons).
3
How CRO Fits in to Current & Planned Road to Zero Waste Projects
The RTZW Plan lays out a schedule for new programs and initiatives through 2020. The CRO, which the Plan described
as a “universal recycling ordinance,” is on-schedule. Regional wasteshed planning that is underway now will help
address a number of other recommendations from the Plan. Construction of the new Timberline Recycling Center is
another project described in the Plan that is occurring on-schedule. A number of other recommendations from the
RTZW Plan, such as establishing a grants/revolving loans program, and applying additional disposal bans (such as yard
trimmings) have not yet been undertaken.
Fort Collins monitors which materials are landfilled by category. The CRO addresses important categories such as yard
debris, conventional “curbside” recyclables, and food scraps. Other types of materials that will need to be addressed
through future initiatives include plastic film, textiles, construction and demolition debris, metal, and additional organic
materials.
In 2016, the City has commissioned a two-season waste characterization of the materials from Fort Collins being
disposed of in the Larimer County Landfill. One half of the study has been completed, in May 2016. The second half will
be completed in October 2016. Results from the spring analysis are shown on the following page, and reflect a snapshot
of the material being landfilled by the community.
Projects to Achieve
Road to Zero Waste Goals
Policy
Regional
Wasteshed
Planning
Long-term plan
Community
Recycling
Ordinance
Potential residential
and commercial
organics policy
Education
Ongoing
education to
residents,
businesses
Potential volunteer
program for
enhanced outreach
capability
Infrastructure
Timberline
Recycling
Center
Compost facility /
transfer station?
4
Food Scraps
24%
Yard
Trimmings
23%
Other
Compostables
11%
Recyclable
Containers 8%
Recyclable
Paper 5%
Film Plastic 4%
Scrap Metal
3%
Other 22%
Residential
Food Scraps
18%
Yard
Trimmings
8%
Other
Compostables
14%
Recyclable
Recyclable Containers 11%
Paper 5%
Film Plastic 4%
Scrap Metal 3%
Other 33%
Commercial & Multi-Family
Compostable= 40%
Recyclable = 27%
Analysis of Materials Landfilled by Fort Collins Community, Spring 2016
Compostable= 58%
Recyclable = 20%
Recycling Education Best Practices
A request was made by City Council at the June 28 work session for additional information regarding
best practices in recycling education. After conducting research into national best practices, the
following emerged:
x Simple, graphics-based materials work best
o Clear no matter the language someone speaks
o Doesn’t require reading
x Provide broad recycling reminders and basic recycling guidelines education to community on
regular basis
o Provide paper recycling guidelines to hang next to recycle bin
o Keep detailed information available on website
x Variety of education methods important
o Print
o Social media
o In-person
x Frequency important – people need to see messages multiple times
x Many communities spend $1-$1.50 / capita / year on recycling education
x Important to place recycle bin next to trash bins, label both bins with graphics-based guidelines
o Consistent color-coding of bins very helpful
Blue = recycling
Black / grey = trash
Green / brown = compost
ATTACHMENT 5
1
Information on Other Colorado Communities’
Residential Organics Collection Programs
Staff looked at four different communities in Colorado that offer some version of residential organics collection and
interviewed them about aspects of their programs that have made them successful, the challenges they’ve faced and
what methods they’ve used to overcome challenges.
Reports from Other Communities’ Successes
Loveland
x Has offered yard debris collection program for 12 years and is very popular
x Convenience of curbside yard debris collection program
o Even though customers have unlimited free use of the Loveland’s green waste drop-off site, 44% of
households are willing to pay $8.00/month to have a 96-gal yard-debris cart collected each week (April 1
through November 30)
Lafayette
x Mandatory participation
x An event held every spring that provides residents with free compost
x A limited number of free bulk pickups of yard debris
x Open houses and mailings during the kickoff of the program
City and County of Denver
x Providing participants with a kitchen pail for food scraps along with their collection cart
x Strong interest from the public
Longmont has approved a voluntary curbside organics collection that will begin in April 2017.
Universal Challenges and Solutions from Other Communities
x Aesthetics (fear of smell, attracting animals, food scraps sticking to the insides of bins, etc.) is a challenge Denver
and Lafayette report having had to work to overcome
o Solutions found:
Education that this same material is already being disposed of in the trash bin and is just moving
to another bin can be helpful
Suggesting residents always put out bin for servicing, even if not full
Weekly servicing of bins
x Denver originally had every week service in summer and every-other week service in
winter, but is switching to every week service year ‘round
x Hauling distance is a challenge for Denver (their processor is located in Erie)
Solution in progress; looking into the option of building a transfer station.
x Challenge of transitioning to a new program
o Solutions:
Education: Lafayette did open houses and mailings at program kick off
Time: Lafayette said after a year and a half of requiring the service that people are becoming
used to the program.
x Cost of the program is usually higher than that for landfilling
ATTACHMENT 6
2
Other Situational Challenges Relevant to Fort Collins
x Loveland continues to watch for the opportunity to add food scraps to the yard-debris organics program. They
will need to work out logistical issues for handling the combined stream once it gets back to the yard, before it
gets trucked to an A-1 Organics facility.
x Longmont’s yard debris collection program will include branches, so may include ash tree material. The Emerald
Ash Borer quarantine in Boulder County prohibits the transport of unprocessed ash trees outside the quarantine
area, which has been a factor in Longmont determining where to deliver their materials.
Conclusions
Communities around Colorado and the world have been adopting residential organics collection programs for many
years. In 2015, 198 communities in the United States were identified as having residential food scraps collection1 and
many others have well-established yard debris recycling programs. While there are challenges that arise, municipalities
have been able to figure out solutions; Fort Collins staff has been unable to find any cases where a program was
discontinued because it was unsuccessful.
1 https://www.biocycle.net/2015/01/15/residential-food-waste-collection-in-the-u-s-2/
Municipal Recycling Progress
The purpose of this information is to provide an overview of City of Fort Collins municipal recycling
activities and progress in response to recent questions from City Council and the City’s Executive
Leadership Team, including:
x What is the City doing to advance municipal recycling?
x What is the City’s municipal waste diversion rate?
Background
The City generates three streams of waste:
x Office - discarded “office” material from administrative buildings, shops, warehouses, and
utility plants; typically hauled by private company (current contract is with Waste Management)
x Industrial - industrial byproducts from activities such as street sweeping, storm water detention
pond clean-outs, and repair/maintenance of water and sewer pipes; (landfill portion typically
self-hauled by City trucks)
x Public - material that is deposited by the public in waste containers at parks, natural areas,
and recreational facilities (including illegally-dumped items).
The City’s waste diversion activities are guided by the Administrative Policies Sections 3.2 through 3.4
that require proper recycling of electronic waste, provide procurement guidelines to select lower life-
cycle impact goods and services, and outline resource conservation measures to reduce the amount
of waste generated. Regulated wastes such as fluorescent bulbs, chemicals and pesticides are
handled through the City’s Environmental and Regulatory Affairs staff in accordance with local, state
and federal laws.
In 2009, the City set the following goals for municipal solid waste reduction:
x Reduce solid waste from public access facilities by 5% each year;
x Reduce solid waste from municipal workplaces, and from offices by 10% by weight each year;
x Reduce solid waste from each industrial byproduct at least 10% each year.
In addition to the organization-wide goals, many City departments have developed departmental goals
and programs to address their unique streams of waste.
A directory for municipal recycling of numerous items is included at the end of this summary.
Municipal Waste Diversion Progress Summary
The City contracts with Waste Management to provide recycling for City office materials. City staff
track and report municipal waste diversion progress annually as part of the Annual Municipal
Sustainability Report. (See http://www.fcgov.com/sustainability/pdf/2014-Municipal-Greenhouse-Gas-
Report-web.pdf for the 2014-2015 report.)
In 2015, the City of Fort Collins landfilled 18,640 tons of material, and achieved an 87% diversion rate
for industrial waste and a 31% diversion rate for municipal office waste.
The tables below summarize the types of municipal trash and recycling, the diversion rates, and
progress towards established municipal goals.
1
ATTACHMENT 7
Table 1. Municipal Discards Types and Waste Diversion Rates
Table 2. Progress Towards Municipal Waste Reduction Goals
** 2015 increase due to one time disposal of concrete with rebar that needed to be disposed of prior to land purchase.
Through programs like Hoffman Mill Crushing Facility and the Waste Innovation Program, discussed
below, the City is making great progress in reducing its largest source of waste, industrial products,
with an 87% diversion rate.
Municipal Recycling and Compost Programs
Industrial wastes - The Hoffman Mill Crushing Facility provides a best practice facility that recycles
asphalt, concrete, porcelain, and clean rock and dirt, saves the City saves money by not incurring
landfill fees, and is beneficial to the environment by reducing landfill accumulation and extending the
useful life of aggregates and raw material sources. In 2015, emissions reductions from Hoffman Mill
were 5,578 MTCO2e and the City earned a profit of $297,192 through the sale of aggregate road
base material to the public and industry.
Organics composting - Select City buildings have compost services, compost bins, or use green
cones to compost food scraps. A new municipal composting site is being built in 2016 at Hoffman Mill.
It will accept up to 100 tons of green waste generated from City parks and facilities (such as yard
trimmings, leaves, branches, etc.) per year for composting. The compost made at this site will be used
in City parks.
Recycling at City Facilities
x City office buildings - All City buildings have recycling. The municipal office standard is a
small “Starve your Trash” waste container and larger recycling container at each work space,
and large recycling bins in copy rooms and meeting rooms.
x Parks - Parks has set a 1:1 trash/recycling container goal for all parks, trails, facilities, and
downtown. Currently Parks has 1.2 trash containers for every recycling container in all parks,
has met the 1:1 goal along the trails, and is working on completing 1:1 at all facilities.
Type
Tons Waste
Landfilled in 2015
Tons Recycling in
2015
Diversion rate in
2015
Office 544 241 31%
Industrial 17,718 121,189 87%
Public 378
Can't track recycling
volumes separately Can't track
TOTAL 18,640
Type
Municipal Trash
Reduction Goals
2014 to 2015 %
Change
Average % Change:
2010-2015
Office
Reduce 10% per year,
by weight Dropped 17%
Dropped 5%/year on
average
Industrial
Reduce at least 10 %
per year Increased by 64%**
Increased 3% per
year on average
Public Reduce 5% per year Increased by 16%
Increased 10% per
year on average
2
x Golf - City Park 9 and Collindale Golf Courses have achieved the 1:1 trash/recycling goal. The
Parks Department submitted a grant request to the Waste Innovation Program to help
complete the 1:1 trash/recycling goal at Southridge Golf Course.
x Natural Areas –Trash and recycling receptacles are available at all Natural Area trailheads.
x Transfort/Max – Recycling is provided on all MAX busses. Recycling containers are on order
for all MAX bus stops and will be installed by the end of 2016. The Transfort Bus Stop Design
Guidelines adopted by City Council in 2015 call for recycling at certain level of Transfort stops.
Transfort staff is now considering how to implement this.
x Parking Garages – Recycling will be available in all parking garages by the end of 2016.
x Downtown Restrooms- Recycling opportunities are very limited in these facilities due to
space constraints and high potential for contamination of paper towels, etc. Staff is weighing
the pros and cons of providing recycling in downtown restrooms, and note that recycling
facilities are available to the public in several downtown public spaces.
Recycling at City Events
Recycling and composting is provided at major City events such as the employee picnic, Chili Cook
Off, the annual holiday party, etc. Departments are encouraged to strive for zero waste meetings and
events. The City’ internal sustainability web page provides extensive guidance on recycling at
http://citynet.fcgov.com/recycling/
Innovation Funding
Waste Innovation Program
Under a long-standing agreement with the Larimer County landfill, the City is not required to pay
tipping fees when self-hauling material to the Larimer County landfill. The Waste Innovation Program
(WIP) was developed in 2010 to assist the City in reaching waste diversion goals in its own operations
by creating a pool of funding to prevent/divert waste that is “self-hauled” by 10 departments that
routinely haul (15-20K tons/year) their own waste directly to the Larimer County landfill. These
departments pay the equivalent of what they would have been charged in landfill tip fees to the WIP.
Projects are solicited from across the City organization and evaluated by an inter-departmental Waste
Stream Team with responsibility for approving expenditures from the WIP. The table below lists the
projects funded through the WIP to date.
Table 3. Waste Innovation Program
Year Project Budget
2010 Forestry pilot wood grinding $ 25,000
2011 Composting feasibility study at Roselawn Cemetery $ 1,450
2013 30 recycling “Wastewatcher” stations $ 9,070
2013 Soils recovery equipment $ 173,694
2013 Waste audit at Drake Water Reclamation Facility $ 5,000
2014 Power Screen at Hoffman Mill Rd $ 84,000
2016 Municipal composting facility at Hoffman Mill Road $ 85,000
Total Spent to Date $383,214
Current Unspent Fund Balance $ 94,024
Municipal Innovation Fund
Additional waste diversion projects have been funded through the City’s Municipal Innovation Fund,
Including tree inventory and mulching, and pet waste composing pilot project.
3
Next Steps to Advance Municipal Recycling
To further advance municipal recycling, the following steps are planned;
x Complete a Municipal Roadmap to 2020 that identified strategies to achieve a 20% reduction
in municipal greenhouse gas emissions below 2005 levels. Trash constitutes 18% of the
municipal 2015 GHG emissions, and the Roadmap will identify additional strategies for waste
diversion.
x Revise the City’s municipal new building standards to explicitly require recycling in all new City
facilities. The City has a requirement to meet LEED Gold for any building over 5,000 sf feet,
and that typically requires recycling to be present. However, in 2016, the City’s building
specifications will be modified to explicitly require recycling in all new buildings.
4
2016 Internal Directory for Recycling Non-Traditional Items
*Cost for recycling
^ Call before to make an appointment
~Company will provide bins for material collection
Can’t figure out how to recycle an item? Call Environmental Services at #970-221-6600
Medical
Eye Glasses (prescription, sunglasses, safety glasses,
etc.)- Risk Management, 215 N. Mason 2nd floor (to get a
collection bin contact: Jim Pierce)
Medications (prescription & over-the-counter)- place in
drug kiosk in lobby of Fort Collins Police Services
^Syringes/Sharps- (place sharps in approved bio-hazard
container before transporting)- Fort Collins Police Services
Electronics & Office Supplies
American Flag- Downtown Ace Hardware flag recycling bin
*^Batteries (alkaline/single use & button battery)-
EasyPak or Loomis Warehouse (button batteries: bag
batteries together)
Re-Chargeable Battery (Ni-Cd, Li-Ion, SSLA/Pb, Ni-MH, Ni-
Zn) – Call 2 Recycle
Books- Recycle That
Bulky Plastic (шϮ͘ϱ gallon): ~Goodwill (onsite pickup) or
^Parks Recycling Rows
Cell Phones (not City owned)- Call 2 Recycle
City Data Devices (computers, phones, etc.)- IT
*^E-Waste (TV, printer, computer monitor, fax machines,
VCR/DVD, radios, circuit boards, cords, computer mouse,
keyboard, etc.)- Goodwill (onsite pickup) or Loomis
Warehouse. IT will take all City owned E-waste
^Fire Extinguishers- Loomis Warehouse
^Fluorescent Light Tubes & Ballast –Loomis Warehouse
^Light Bulbs (CFL, tube, LED)- Loomis Warehouse
^Ink Cartridges & Laser Cartridges - JACO
Office Supplies (paper, notebooks, binders, etc.)- check if
other departments can use the supplies, utilize BargainBox
for posting, or Goodwill/thrift stores
*~Paper Shredding Service- Waste-Not Recycling, Shred-It
Shredded Paper- City Recycling Drop-Off Facility
Plastic Film- City Recycling Facility (contact Susie Gordon
for key)
^Toner Bottles & Tubes- JACO
Food Scraps
Garbage Disposal- ok to put food scraps down the disposal
Onsite Composting- use Green Cones, compost bins, or
Earth Tubs (for help contact Environmental Services)
*~Pickup Service- Gallegos
Metal
~Aluminum Cans- RMB
~Barbed Wire, T-Posts- RMB
~Copper, Aluminum, Steel- RMB
Household
*Air Conditioner, Freezer, Refrigerator (items with Freon)-
Colorado Iron & Metal ($15/item)
^Carpet- Northern Colorado Carpet
^Carpet Padding (rebond foam and foam pads)- Northern
Colorado Carpets or Brinkers
Coffee Machine, Microwave, Toaster, Toaster Oven- Non-
Working: RMB. Working: Loomis Warehouse
Dishwasher, Oven, Washer & Dryer, Hot Water Heater- RMB
City Furniture (chairs, tables, lamps, etc.)- Loomis Warehouse
2016 Internal Directory for Recycling Non-Traditional Items
*Cost for recycling
^ Call before to make an appointment
~Company will provide bins for material collection
Can’t figure out how to recycle an item? Call Environmental Services at #970-221-6600
Automotive
Bikes & Bike Parts (tubes, wheels, seats, frames, etc.)-
Fort Collins Bike Co-op
Antifreeze (used)- Fleet or *Clear Choice Antifreeze
Automotive, UPS, & Wet-Cell Batteries (lead acid
batteries)- Fleet or Interstate Battery
Mixed Oil & Gas (hazardous waste)- Keep in a closed
container, label, & contact Errin Henggeler for disposal
Motor Oil- Fleet
Spill Kit Material- Gas: Keep in a closed container, label, &
contact Errin Henggeler for proper disposal,
Oil, Diesel, etc: once material is dry (Paint Filter Test) place
items in trash
Tires-Fleet
Construction and Yard Waste
Asphalt- City Crushing Facility
Concrete (no wire or rebar)- City Crushing Facility
Dirt- City Crushing Facility
*Leaves, Grass Clippings, Garden debris- Hageman Earth Cycle
Mixed Dirt, Sod, and Rock- City Crushing Facility
Plastic Flowers- BargainBox on CityNet or Goodwill Plastic
Pots- ш2.5 Gallon: Collect & haul to Loveland Bulky Plastic Bin,
чϮ͘ϱ Gallon- single stream recycling, Gardening Pots: return to
nursery
PVC Pipes- BargainBox on CityNet
Rock, Stone, or Pavers- City Crushing Facility
Wood Branches, Mulch & Trees- City Crushing Facility
Location Contact Name Contact Info Email/Notes
700 Wood St. Warehouse Steve Serna 970-221-6709 sserna@fcgov.com
^Brinkers, 1418 E. Magnolia Dale Brinkers 970-484-7200 dale@brinkers.us, Deliver items to blue dumpster
~Call 2 Recycle Customer Service 877-723-1297 Enroll online:www.call2recycle.org/
City Crushing Facility
1380 Hoffman Mill Rd.
Doug Gudenkauf 970-692-4835
dgudenkauf@fcgov.com
City Recycling Drop-Off Facility,
1702 Riverside Ave
Environmental
Services
970-221-6600 Open 7 days a week during daylight hours
***Moving to 1903 S. Timberline Rd in late August
~Clear Choice Antifreeze Customer Service 1-800-817-3216 Provide bin & pick up service
Colorado Iron & Metal
903 Buckingham St.
Dan Garvin 970-530-0300 dangarvin@coloradoironmetal.com
~EasyPak Errin Henggeler 970-416-2320 ehenggeler@fcgov.com, Contact for Hazardous Waste items
Eco-Cycle, 6400 Arapahoe, Boulder Customer Service 303-444-6634 x0 More information: www.ecocycle.org/charm
Fleet, 835 Wood St. Shane Armfield 970-221- 6290 sarmfield@fcgov.com
Fort Collins Bike Co-Op
1501 N College Ave
Customer Service 970-484-3804 info@fcbikecoop.org (Dondi Barrowclough)
Ft Collins Police Services
2221 S. Timberline Rd.
Dean
Cunningham
1
Process for Determining “Tip Fee” at
Larimer County Recycling Plant
On August 8, the Leadership Planning Team requested information about how the tipping fee is
determined at the recycling plant, and how the fee is audited, as part of discussions about the
Community Recycling Ordinance at the City Council’s September 6 meeting.
The Materials Recovery Facility (MRF), which was built at the Larimer County landfill in 1992 to process
recyclable materials, is wholly owned by the County. Operations are contracted to Waste
Management/Recycle America. The corporation has held the contract since 2005; it was renewed
January 2015. The contract includes a formula for how a monthly “tipping fee” is set for how much it
costs to drop off single-stream recyclables at the plant.
Each month, the contractor submits a proprietary “Blended Stream Value” spreadsheet to Stephen
Gillette, the Solid Waste Director for Larimer County that shows:
1. market values for each of the commodities in the single-stream mix, using prices from the prior
month that are listed in a commodity index (often the Southwest OMB publication)
a. Corrugated Cardboard
a. Mixed Paper
b. Natural HDPE (plastic)
c. Colored HDPE (plastic)
d. PET (plastic)
e. Steel/Tin
f. Aluminum
g. Other Plastic
h. Colored/mixed Glass
2. Per ton costs of processing single-stream at the Denver MRF ($110.75 per ton) where the
material is delivered
3. proportion, by weight, of each commodity in the single-stream, based on quarterly site audits of
the Denver MRF
a. An average of the past five quarters’ data is used to prevent sampling anomalies
b. Includes “residue” (non-recyclables) in single-stream, which has a negative value.
Mr. Gillette researches published prices on-line each month to compare to the prices that Waste
Management/Recycle America’s uses in the Blended Stream Value calculation. Larimer County also
routinely uses a financial auditor to ensure appropriate commodity prices are being reported.
Larimer County posts the monthly tipping fee for recyclables, as well as the prices being paid for source-
separated commodities, on-line at https://larimer.org/solidwaste/charts/Current.htm. The tipping fee,
which was first introduced in January 2015, rose to a high of $45.88 in March of 2016 but has been
dropping since then. In September, the tipping fee will be $21.42 per ton of single-stream recyclables.
ATTACHMENT 8
1
SUSTAINABILITY ASSESSMENT SUMMARY
DATE: 9/23/15
SUBJECT: Sustainability Assessment Summary for Community Recycling Ordinance
Key issues identified
x Environmental:
o Additional recycling generated by the Community Recycling Ordinance will help reduce greenhouse gas
emissions and preserve natural resources.
o Collecting additional materials will likely mean additional collection vehicles in operation in Fort Collins
x Social:
o Concern of potential impact of increased pricing on lower income residents
x Economic:
o It is unclear whether this project results in a net positive for the local economy
o Additional service provided by haulers requires investments in staff and infrastructure
Suggested mitigation actions
x Environmental:
o Haulers will maximize efficiencies in their routes and the benefits of recycling or composting the
materials collected outweighs the impacts of their collection and hauling.
x Social:
o Focus educational messaging around “right sizing” options to decrease trash bills
o 80% differential between trash cart sizes to single-family rates decreases the price for medium and large
size trash subscribers
x Economic:
o Phasing in requirements
o When companies right-size their bins, they are likely to have minimal impact on their cost of service
Economic , 0.3 Social , 0.2
Environmental
1.5
Rating
Average, 1.1
-4.0
-3.0
-2.0
-1.0
0.0
1.0
2.0
3.0
4.0
Sustainability Rating
Rating without mitigation Rating with mitigation
Rating
Average, 1.1
Rating Legend
3 Very positive
2 Moderately positive
1 Slightly positive
0 Not relevant or neutral
-1 Slightly negative
-2 Moderately negative,
impact likely
-3 Very negative, impact
expected
ATTACHMENT 9
2
City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT)
(September 2015)
Creating a sustainable community
Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize
environmental, human, and economic resources to meet our present needs and those of future generations without compromising the
ecosystems upon which we depend.
Brief description of proposal
This project is an implementation of the Road to Zero Waste plan, and proposes to update the community’s main recycling ordinance by:
x Updating the current Pay-As-You-Throw ordinance
o Allow haulers to charge an 80% price difference between the sizes of trash carts rather than the current 100% price difference
between trash cart sizes
x Expanding the current recycling ordinance
o Require weekly yard trimmings collection option for single-family homes
o Require multi-family and commercial customers to have recycling service bundled in with trash service
o Require collection of food scraps from large grocers and restaurants in 2017 or 2018
o Create a phase-in plan for collecting yard trimmings and food scraps from single-family home residents starting in 2017 or 2018
Staff lead(s):
Caroline Mitchell, Environmental Planner, Environmental Services, 970-221-6288
3
Social Equity
Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to
civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational
opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion,
and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all.
Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing,
clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal
access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship
status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A
community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources
to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the
decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs,
inclusion, community safety, culture, neighborhoods, and advancing social equity.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis.
x Is this proposal affected by any current policy, procedure or action plan?
Has advice been sought from organizations that have a high level of
expertise, or may be significantly affected by this proposal?
Proposal Description
1. Meeting Basic Human Needs
• How does the proposal impact access to food,
shelter, employment, health care, educational and
recreational opportunities, a safe and healthy living
environment or social services?
• Does this proposal affect the physical or mental health of
individuals, or the status of public health in our
community?
• How does this proposal contribute to helping people
achieve
and maintain an adequate standard of living, including
housing,
or food affordability, employment opportunities, healthy
Analysis/Discussion
x The updated Pay-As-You-Throw (PAYT) ordinance will still enable
residents to decrease their trash generation and save money on their
trash bills
x Increased recycling has a documented positive effect on job
creation.
x Due to the current recyclables processing contract, trash and
recycling haulers need to increase their current rates. Adding or
expanding recycling could increase the cost of trash service, which
may result in a corresponding cost increase for residents, especially
renters.
4
families,
or other resiliency factors?
x By recycling and composting more materials, will expand the lifespan
of the Larimer County landfill. This will help delay the significant
trash cost increase that will likely result when the Larimer County
landfill closes.
x Expanding Pay-As-You-Throw to multifamily ensures equal access to
recycling opportunities for all community members.
x These policies will have extensive promotional campaigns to
implement them. Those will highlight the best options are to reduce
wasting and reuse products more. Many waste reduction programs
will benefit lower income residents by increasing the amount and
quality of donated or lower cost food, clothing, furniture and
building materials available to them through thrift stores and social
service agencies.
x Most multifamily complexes and businesses should be able to
decrease trash services (by decreasing the size of trash containers
collected, or the frequency of collection) by an equal amount. It’s
the same amount of material being collected.
2. Addressing Inequities and being Inclusive
• Are there any inequities to specific population subsets in
this proposal? If so, how will they be addressed?
• Does this proposal meet the standards of the
Americans with Disabilities Act?
• How does this proposal support the participation,
growth and healthy development of our youth? Does it
include Developmental Assets?
• If the proposal affects a vulnerable section of our
community (i.e.
youth, persons with disabilities, etc.)
x Currently roughly half of Fort Collins residents live in multi-family
housing. Only 68% of multi-family housing has recycling service. The
remaining 32% of multi-family housing residents currently are forced
to self-haul their recycling to the drop-off center or are excluded
from recycling. This proposal would ensure all residents have access
to recycling where they live, no matter their type of housing.
x Due to the landfill ban on cardboard, some apartment complexes
have chosen to not provide recycling on site, but have included in
their leases that residents must self-haul their recyclables to a
recycling site, placing an extra burden on them (an especially difficult
one if they don’t have a vehicle).
x Concerns exist about adding recycling service increasing trash bills,
thereby affecting housing affordability.
x All subsidized affordable housing units in Fort Collins already have
adequate recycling, so will not be affected by the recycling
5
expansion requirements. This also highlights that recycling is not a
significant factor in housing affordability.
x If disabled residents live in multi-family housing, it is very unlikely
they would be able to self-haul their recyclables to a drop-off center.
Having recycling service at their housing location would enable
disabled residents to recycle.
x All schools in Poudre School District recycle. Having recycling at all
residences ensures youth have consistent recycling messaging and
opportunities at home and at school.
3. Ensuring Community Safety
• How does this proposal address the specific safety and
personal security needs of groups within the community,
including women, people with disabilities, seniors,
minorities, religious groups, children, immigrants,
workers and others?
x Residents who obtain donated food or reused clothing, furniture and
building materials helps low-income residents meet their basic
needs.
x Decreasing illegal dumping helps promote cleanliness and safety
x Reduction of harmful air pollutants by removing organics from
landfill.
4. Culture
• Is this proposal culturally appropriate and how does it
affirm or deny the cultures of diverse communities?
• How does this proposal create opportunities for artistic
and
cultural expression?
x This proposal is culturally unbiased; this ordinance would apply to all
citizens with a community-wide benefit.
x The culture of Fort Collins is one of sustainability; this project is
consistent with, allows participation of all residents in, and confirms
that culture.
5. Addressing the Needs of Neighborhoods
• How does this proposal impact specific Fort Collins
neighborhoods?
• How are community members, stakeholders and
interested parties provided with opportunities for
meaningful participation in the decision making process of
this proposal?
• How does this proposal enhance neighborhoods and
stakeholders’ sense of commitment and stewardship to our
community?
x Enhances community and neighborhood cohesion through outreach
and education programs employed to implement these programs,
and cooperation with neighborhood based community gardens,
composting and farmers markets.
x ESD staff has conducted extensive community outreach throughout
this project (before options were created, and through the process
of narrowing down recommendations). Participation options have
included online comments and surveys, meetings with different
stakeholders and community groups, and in-person Public Open
Houses that were conducted at various times of the day and
locations throughout the community.
x Through expanded recycling and composting, this proposal provides
6
residents pride in reducing the amount of material sent to landfill
x Ordinance marketing materials will promote opportunities for
neighbors to connect with each other regarding recycling education
and resources for neighborhoods to support recycling.
x Additional recycling and yard waste containers could be difficult to
store in compliance with the screened containers ordinance for
homes with no fence or garage (or in a small garage).
6. Building Capacity to Advance Social Equity
• What plans have been made to communicate about and
share the activities and impacts of this proposal within
the City organization and/or the community?
• How does this proposal strengthen collaboration and
cooperation between the City organization and community
members?
x ESD staff has communicated about the development of this project
and received input from a wide variety of community members and
City staff.
x Once implemented, this project will involve extensive education and
assistance to those implementing it.
Social Equity Summary
Key issues:
x Concern of potential impact of increased pricing on lower income residents
Potential mitigation strategies:
x Focus educational messaging around “right sizing” options to decrease trash bills
x 80% differential between trash cart sizes to single-family rates decreases the price for medium and large size trash subscribers
Overall, the effect of this proposal on social equity would be:
Please reach a consensus on the rating and enter an “x” in one of the following boxes
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
Very
negative,
impact
7
0.2 likely expected
xxxx xxx xx
Environmental Health
Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that
contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and
recycle natural resources.
Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions
necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually
review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency;
conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce
reliance on non-renewable resources.
Analysis Prompts
• The prompts below are examples of issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for
any one project. Issues not covered by these prompts may be very pertinent
to a proposal - please include them in the analysis.
• Is this proposal affected by any current policy, procedure or action
plan? Has advice been sought from organizations that have a high level
of expertise, or may be significantly affected by this proposal?
1. Environmental Impact
• Does this proposal affect ecosystem functions or
processes related to land, water, air, or plant or
animal communities?
• Will this proposal generate data or knowledge related to
the use of resources?
• Will this proposal promote or support education in
prevention of pollution, and effective practices for
reducing, reusing, and recycling of natural resources?
• Does this proposal require or promote the continuous
improvement of the environmental performance of the
City organization or community?
• Will this proposal affect the visual/landscape or aesthetic
elements of the community?
Analysis/Discussion
x The goal of this project is to recycle a substantial amount of material
that is currently being landfilled.
x Additional education about recycling, reducing trash bin size /
service (“right-sizing” trash bins) and hands-on assistance for doing
so are central to this project.
x Preventing material from being landfilled prevents potential air and
water pollution from the landfill.
x This project is capable of generating enough additional recycling and
composting to meet the City’s goal of recycling or composting 75% of
materials by 2020 compared to the current rate of 68% waste
8
reduction.
2. Climate Change
• Does this proposal directly generate or require the
generation of greenhouse gases (such as through
electricity consumption or transportation)?
• How does this proposal align with the carbon reduction
goals for
2020 goal adopted by the City Council?
• Will this proposal, or ongoing operations result in an
increase or decrease in greenhouse gas emissions?
• How does this proposal affect the community’s efforts to
reduce
greenhouse gas emissions or otherwise mitigate adverse
climate
change activities?
x By increasing recycling, less materials will be created from natural
resources resulting in energy savings and significant greenhouse gas
prevention.
x This project prevents the landfilling of organic materials, which
generate methane, an extremely potent greenhouse gas, if sent to
the landfill.
x The implementation plan for the Climate Action Plan calls for this
project as a first implementation step.
x Although this project could result in an increase in trucks collecting
materials from customers, the recycling and composting of the
materials significantly outweighs the impacts from additional
collection vehicles.
x This project could also help reduce vehicle miles traveled due to
multi-family residents now being able to recycle on site who
previously had to drive their recyclables to a recycling drop-off
center.
x The Road to Zero Waste Plan recommended an approach for haulers
to consider that would not increase the number of trucks once these
full programs are implemented that would collect organics every
week and recycling and trash every other week. That would enable
haulers to provide services with just 2 trucks per route, the same as
they currently use.
3. Protect, Preserve, Restore
• Does this proposal result in the development or
modification of land resources or ecosystem functions?
• Does this proposal align itself with policies and procedures
related to the preservation or restoration of natural habitat,
greenways, protected wetlands, migratory pathways, or
the urban growth boundary
• How does this proposal serve to protect, preserve, or
restore important ecological functions or processes?
x With the Larimer County Landfill quickly filling up, this ordinance has
the potential to extend the life of the landfill.
9
4. Pollution Prevention
• Does this proposal generate, or cause to be
generated, waste products that can contaminate the
environment?
• Does this proposal require or promote pollution
prevention through choice of materials, chemicals,
operational practices and/or engineering controls?
• Does this proposal require or promote prevention of
pollution from toxic substances or other pollutants
regulated by the state or federal government?
• Will this proposal create significant amounts of waste or
pollution?
x This project is not anticipated to generate pollutants. By recycling or
composting materials, it is likely to prevent air and water pollution
from local landfills.
x These policies will promote pollution prevention and reducing
wasting through outreach and education programs associated with
their implementation.
5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle
• Does this proposal prioritize the rethinking of the materials
or goods needed, reduction of resource or materials use,
reuse of current natural resources or materials or energy
products, or result in byproducts that are recyclable or can
be re-circulated?
x Recycling, composting, and reducing waste are the primary
objectives of this project
6. Emphasize Local
• Does this proposal emphasize use of local materials,
vendors, and or services to reduce resources and
environmental impact of producing and transporting
proposed goods and materials?
• Will the proposal cause adverse environmental effects
somewhere other than the place where the action will take
place?
x The more recycled materials are generated locally, the greater the
likelihood that a company using recycled materials as a source
material could operate in Fort Collins.
x Composting and organics recycling processes must be done locally,
as these materials cannot be shipped great distances. As a result of
the proposed policies, local businesses will be able to invest in
processing organics even more locally, in Larimer County.
Environmental Health Summary
Key issues:
x Additional recycling generated by the Community Recycling Ordinance will help reduce greenhouse gas emissions and preserve
natural resources.
10
x Collecting additional materials will likely mean additional collection vehicles in operation in Fort Collins
Potential mitigation strategies:
x Haulers will maximize efficiencies in their routes and the benefits of recycling or composting the materials collected outweighs
the impacts of their collection and hauling.
Overall, the effect of this proposal on environmental health would
be:
Please reach a consensus on the rating and enter an “x” in one of the following boxes
2.7
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
xxxxx xx
Economic Health
Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a
diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of
family waged jobs.
Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis
• Is this proposal affected by any current policy, procedure or action plan? Has
advice been sought from organizations that have a high level of expertise, or
may be significantly affected by this proposal?
1. Infrastructure and Government
• How will this proposal benefit the local economy?
• If this proposal is an investment in infrastructure is it
designed and will it be managed to optimize the use of
Analysis/Discussion
x Increased recycling has a documented positive effect on job creation.
x The increased services provided for in this project are provided by the
private sector and are fully funded by user fees.
11
resources including operating in a fossil fuel constrained
society?
• Can the proposal be funded partially or fully by grants,
user fees or charges, staged development, or partnering
with another agency?
• How will the proposal impact business growth or
operations
(ability to complete desired project or remain in operation),
such
as access to needed permits, infrastructure and capital?
x By the City adopting these policies, haulers and processors are able to
get financing to buy equipment to meet this new demand for
increased services.
x This proposal will likely increase the cost of trash service for
businesses, including small businesses, and apartment complexes that
do not currently recycle.
x These requirements would provide a level playing field for businesses
and apartment complexes – every business and apartment complex
would have (and have to pay for) similar levels of recycling service
(48% of businesses currently have recycling service in Fort Collins and
68% of apartment complexes, according to trash hauling companies.)
x There is a plan to phase in the services to allow trash haulers to invest
in additional infrastructure over time rather than all at once.
x There is the potential to have little impact on businesses since the
increased cost in recycling will be offset by the decrease in trash haul
fees if locations “right size” or decrease their trash bins.
x Due to having more customer density and resulting economies of
scale, it is possible that rates for locations that already recycle may
slightly decrease.
x This project will result in additional costs for businesses that are
providing the services.
2. Employment and Training
• What are the impacts of this proposal on job creation
within Larimer County?
• Are apprenticeships, volunteer or intern opportunities
available?
• How will this proposal enhance the skills of the local
workforce?
x Increased recycling has a documented positive effect on job creation.
x Volunteer opportunities will likely be created to assist with education
about the new ordinance.
x Additional staff for the trash / recycling hauling companies will likely
be hired as a result of this project.
x Increased emphasis on recycling and related technology could
provide opportunities for job training with local community colleges
x The recycling and composting industries provide employment at
wages across the wage and skills spectrum, many with upward
mobility opportunities.
x Possible opportunities for waste/recycling technician job creation.
3. Diversified and Innovative Economy
• How does this proposal support innovative or
x Many of the technologies that will be used in response to these
policies are “clean technologies” and the jobs created are “green”
12
entrepreneurial activity?
• Will “clean technology” or “green” jobs be created in this
proposal?
• How will the proposal impact start-up or existing
businesses or
development projects?
jobs.
x By adopting these policies, the City will be recognized as an
innovative policy leader which will attract additional investments in
technology and program innovations.
x Colorado State University is already demonstrating innovative
technologies for composting and organics recycling. CSU could help
evaluate, study, design and help private companies develop new
products and services to meet the new demand of these policies.
x See bullets in sections 1 and 2 about job creation and impact to
existing businesses.
x Possible skills-up training opportunity for NFP companies that
partner with for-profit companies who collect recycling.
4. Support or Develop Sustainable Businesses
• What percentage of this proposal budget relies on local
services or products? Identify purchases from Larimer
County and the State of Colorado.
• Will this proposal enhance the tools available to
businesses to incorporate more sustainable practices in
operations and products?
• Are there opportunities to profile sustainable and socially
responsible leadership of local businesses or educate
businesses on triple bottom line practices?
x This project will be essential in helping businesses and apartment
complexes who do not currently recycle to adopt this sustainable
practice, which not only conserves natural resources, but will
provide education to employees, customers, and residents about
recycling. The City will provide educational materials and assistance
programs, including WRAP and ClimateWise, to help with this
adoption and education.
x May provide additional opportunities to partner with ClimateWise
partners on innovative ideas and collaboration.
x This project will enhance the sustainable reputation of Fort Collins,
attracting attention to existing Fort Collins businesses and
potentially attracting additional businesses or skilled employees with
an interest in sustainability.
x Some major businesses in Fort Collins have reported that they have
diverted over 90% of their discarded materials from landfills and
incinerators, including: New Belgium Brewery, Hewlett-Packard,
Woodward, Anheuser-Busch, and Intel. New Belgium Brewery is
being certified as a Zero Waste Facility by the U.S. Zero Waste
Business Council.
5. Relevance to Local Economic Development Strategy x This project supports the City Council-adopted Economic Health
Department Strategic Plan’s focus on “The Climate Economy”.
13
Economic Prosperity Summary
Key issues:
x It is unclear whether this project results in a net positive for the local economy
x Additional service provided by haulers requires investments in staff and infrastructure
Potential mitigation strategies:
x Phasing in requirements
x When companies right-size their bins, they are likely to have minimal impact on their cost of service
Overall, the effect of this proposal on economic prosperity will be:
Please reach a consensus on the rating and enter an “x” in one of the following boxes
0.3
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
xxxx ½ x ½ xx
1
MEMORANDUM
Date: August 15, 2016
To: Mayor and City Councilmembers
From: Mark Houdashelt, AQAB Chair
CC: Air Quality Advisory Board
Darin Atteberry, City Manager
Re: Recommendations Regarding the Community Recycling Ordinance (CRO)
___________________________________________________________________________________
The Air Quality Advisory Board (AQAB) has reviewed the current version of the Community Recycling
Ordinance (CRO) and has discussed this program with City staff. The AQAB fully supports the following
provisions of the CRO, as these will lower greenhouse gas (GHG) emissions from the landfill through the
diversion of some organics and paper to composting and recycling facilities, respectively:
x requiring all grocers (except Beaver’s Market) to compost their organics by the end of 2017,
x requiring all trash haulers to offer optional, seasonal yard trimmings collection starting in 2017, and
x requiring all commercial and multi-family units to be provided with recycling by 2020.
However, the AQAB is concerned that the primary greenhouse gas benefits of the CRO are being delayed.
Dealing with organics from restaurants and single-family residences has been postponed for at least a year, and
there has so far been no indication how or when each will be incorporated into the CRO. While the AQAB
supports the requirements for organics in the CRO presented at the January 2016 Council work session, we
realize that this version of the CRO is no longer under consideration. Therefore, the AQAB recommends City
Council adoption of the current version of the CRO, but Council should require City staff to come back in one
year or less with a concrete plan for dealing with organics in a manner that can be implemented on a timescale
that will allow the City to still achieve its Climate Action Plan and Road to Zero Waste goals.
Environmental Services
215 N. Mason
PO Box 580
Fort Collins, CO 80521
970.221-6600
fcgov.com/environmentalservices
ATTACHMENT 10
2
MEMORANDUM
FROM THE CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
DATE: December 17, 2015
TO: Mayor and City Council Members
FROM: John Bartholow on behalf of the Natural Resources Advisory Board
SUBJECT: Community Recycling Ordinance Recommendation
The Natural Resources Advisory Board (NRAB) recommends Council adoption of the proposed Community
Recycling Ordinance that extends recycling services to multi-family residents and businesses and sets in place a
process for yard waste and food scrap collection/composting within a specific time frame.
We received several briefings from Staff and one of our members actively participated in both the Road to Zero
Waste and the Community Recycling Ordinance Advisory Groups. On December 16, Staff provided NRAB
with a comprehensive draft of the overall structure of the proposed ordinance, its objectives and significant
detail concerning Code changes which would accompany the new ordinance.
The Council’s adoption of the Road to Zero waste emphasizes the importance of conserving resources that are
already at work in the community, whether human, manufactured or natural. It set a goal of 75% waste
reduction by 2020 and 90% or more by 2025. These goals, similar to the Climate Action Plan’s goals, require a
basic culture change that views “waste” not as discards but instead as resources for others to use in new
processes or products. In short, it more closely emulates natural systems. This culture change will take time, a
great deal of community education, and sustained leadership.
The proposed Community Recycling Ordinance takes two major steps necessary to reach our 2020 target of
75% waste reduction. First, we must extend waste diversion services beyond single-family residences to insure
that multi-family residents and businesses have similar access to alternatives to landfill waste disposal. Second,
we must incorporate organics recycling/composting services for all Fort Collins residents and businesses. The
proposed Community Recycling Ordinance creatively tackles this challenge and provides a phased-in approach
to yard waste collection/processing, followed by food scrap collection and processing over the next 2-3 years.
NRAB recognizes that the Community Recycling Ordinance goes beyond “tweaking” an existing system and
tackles head-on the challenge that the Council has set for the City to reach its Road to Zero Waste goals. NRAB
applauds the Council commitment to the Road to Zero Waste and believes that the proposed Community
Recycling Ordinance takes the proper next steps to realize that commitment. NRAB additionally recognizes that
this goal and the efficient implementation of the Community Recycling ordinance cannot be achieved without
significant participation from our residents and community businesses. We encourage the exploration of new
and creative opportunities to engage citizen volunteers as part of the community education process under Staff
leadership and coordination.
Environmental Services
215 N. Mason
PO Box 580
Fort Collins, CO 80522
970.221-6600
970.224-6177 - fax
fcgov.com
3
The NRAB applauds Staff and the consultants for pro-actively engaging a diverse group of concerned citizens
in this process, specifically including three private operators who currently provide waste and recycling
collection in the City.
Respectfully submitted,
John Bartholow
Chair, Natural Resources Advisory Board
cc: Darin Atteberry, City Manager
Susie Gordon, Sr. Environmental Planner
4
MINUTES
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
Date: Wednesday, December 16, 2015
Location: 215 N. Mason Conference Room 1A
Time: 6:00–8:30pm
For Reference
Bob Overbeck, Council Liaison 970-988-9337
Susie Gordon, Staff Liaison 970-221-6265
Board Members Present Board Members Absent
John Bartholow, chair Kelly McDonnell
Joe Halseth
Nancy DuTeau
Bob Mann
Harry Edwards
Luke Caldwell
Staff Present
Susie Gordon, Staff Liaison
Dianne Tjalkens, Admin/Board Support
Cameron Gloss, Planning Manager
Rebecca Everette, Senior Environmental Planner
Caroline Mitchell, Environmental Planner
Lindsay Ex, Environmental Program Manager
Guests:
Jonathan Carnahan, Citizen Planners
Grace Minez, CSU PhD candidate
David Tweedale, citizen
Public Comment on CRC
Jonathan Carnahan: Appreciate compost, yard waste, and requirement for restaurants to recycle. One issue with
restaurant composting is that DBA would complain about leaving food waste outside of restaurants, but cannot keep
inside due to health codes. City code supersedes DBA rules. Will not be done unless there is an ordinance.
AGENDA ITEM 2—Community Recycling Ordinance
Caroline Mitchell, Environmental Planner, reviewed final recommendations going to Council on January 19,
including: requirements for licensed trash haulers to make recycling part of basic services to multi-family and
business customers and to provide curbside yard debris collection upon request to residential customers; and,
requirements for restaurants and grocery stores to use food-scrap composting services starting 2018.
Ordinance revision project started in June. Have had public meetings, visited B&Cs, community advisory group with
citizens and haulers, had Council Work Session. Given instruction to work more with haulers on details and bring all
aspects back for first reading January 19. Having additional open house with ordinance language December 17.
Single family homes would have a change in price difference between size of trash carts to 50% or 80% (haulers
want 50%, staff recommend 80%). For single family homes, all haulers would be required to provide optional
seasonal yard trimming collection (separate fee). In 2 years, all organics (yard trimmings and food scraps) collection
would be required for single family homes. Also discussing when organics collected weekly, haulers could provide
every-other week trash collection. Greenhouse gas reductions modelling includes transportation. Recommending
bundling trash and recycling for multifamily and commercial over next 18 months. Would require 33% of service
level to be recycling. Example: If have 6 cubic yard bin for trash, would move to 4 cubic yard trash and 2 cubic yard
recycling bin. Same amount of waste. Option to purchase additional recycling. Prevents haulers from providing bins
5
that are insufficient for size of business. In two years will require collection of food scraps from retail food
establishments.
Discussion/Q & A:
x Why do haulers prefer 50% price difference?
o Majority of cost is in trucks, fuel, and personnel. Without Pay-as-You-Throw ordinance, would likely
have unlimited trash and additional fee for recycling. In that case only about 20% of households
recycle. The Pay-As-You-Throw system’s economic incentive makes a significant difference in
recycling.
o By reducing cost difference there could be decrease in recycling?
Modelled by consultant. Estimations are that going from 100% to 80% will have negligible
change in amount recycled. If decrease to 50% price difference, modelling shows residential
diversion could have 4% decrease.
x Not a big difference.
x But if going for zero waste, doesn’t fit goal.
o Haulers would choose what they charge for hauling yard trimmings, but when bring in food scraps
and yard trimmings, it will be bundled with basic trash and recycling service.
x Four buckets?
o All three haulers collect recycling using single stream, but City just requires which materials have to
be collected rather than how collected. Haulers could decide to collect organics separate from yard
trimmings. Most communities that do this have 3 carts – trash, recycling, organics – with the yard
trimmings and food scraps going in the same cart.
x Potential emissions reductions from smaller trucks and fewer trips with every-other week trash collection?
o Haven’t modelled fuel reduction.
x What we should be saying is that certain items must be recycled in Fort Collins. Have only said this with
electronics and cardboard. Strong believer in mandating in this instance.
o Challenge of banning recycling from bin is that onus of enforcement lands on the City. Don’t have
staff to enforce this type of ordinance. Some communities use this tool in conjunction and can
consider later if needed. In Vail, they required recycling service, but not a size of container or service
ratio, and found it left many gaps for insufficient recycling.
x Consider launching a pilot program in a part of the city and use results to fine tune proposals?
o For both organics options, the recommendation is to include them in code now, but have them go into
effect in two years. Many details to work out, including equipment. Codifying now gives cue to
market. Allows private sector to build infrastructure. May have pilots after ordinance passes to
further figure out details.
Positive results from pilot could help strengthen community adoption.
x Variance of space constraints and/or not generating recyclables. All multifamily will generate recyclables.
o Trying to foresee situations that may arise. More likely to be in business situation.
o Regarding space variance, they can give up a parking space for a dumpster, or spread out carts.
Application for variance process allows staff to work with site and make recommendations.
Variance must be renewed annually.
x 50/80 split?
o Haulers set own rates and will not set rates that don’t cover their costs.
o With smaller differential, households more likely to select larger bin as it doesn’t cost much more.
Haulers in advisory committee have said with larger recycling bin, and smaller trash can, people put
trash in recycling.
However, Fort Collins has a very low contamination rate.
o Trash prices are likely to increase. Cost to deliver trash to landfill is increasing 5% (tipping fee) in
2016, there is currently a tip fee for recycling, and organics will have a tip fee as well. As costs go up
and add services, with 100% differential, largest trash bin price gets substantial. Creates incentive for
smaller bin, but could be prohibitive to those that actually need the largest bin.
x Are there codes in place for new development to allow space for all bins?
6
o Since 2004, building code requires adequate space for recycling designed into enclosures. Hearing
from haulers that may need revision.
o Doesn’t work for existing properties. In some places very cramped and still an issue to resolve.
x Regarding having pilot programs, since there will not be a significant change in single family right away
there is no plan for a pilot. For multifamily there will be an 18-month phase in, and about 60% have
recycling already. The business sector will have the most significant changes and will also have a phase-in
process to allow haulers time to determine where to put bins, what sizes, etc. Pilots may come in when food
scraps and organics collection gets started as there may be issues to solve around odor and pests, and
additional trucks.
o Once organics phased in there is impact on waste water treatment—will have less carbon going into
the facility.
x Just city limits or whole GMA?
o Just city limits.
o Does that create difficulties as these areas are acquired by the City.
No. Often already served by same haulers.
x Haulers want to do same thing every place they haul. Training issue.
Current ordinance applies to open subscription and homes in HOAs, and so would new
ordinance.
x Bob drafted a resolution supporting ordinance and three primary changes. Tied into RZW and CAP goals.
Bob moved to adopt the resolution as drafted. Nancy seconded.
Motion passed, 5-0-1. Harry abstained.
x How hauler disposes of organics is up to them. Most likely to go to biodigester?
o Two options in area. A-1 Organics in Eaton recently received permit to compost food scraps. If yard
trimmings and food are collected together will go there. Other is Heartland Biodigester in Kersey.
Accepts source separated food waste. Captures methane in anaerobic process, and cleans it and is put
into the pipeline as natural gas. Compost from that facility can also be used as soil amendment. Food
scraps from commercial likely to go to the biodigester.
o Not recommending collection of organics from multifamily in this ordinance. Working out details in
simpler systems before bringing to multifamily.
x Materials going down garbage disposals are welcomed at waste water treatment facility. They are using
anaerobic digesters. Don’t want fats, oils, and greases. But other nutrients enhance treatment. Microbes more
effective at removing phosphorus when have more food waste. Solutions are multi-faceted; not one or the
other.
o Possibility of having a collection the treatment plan could pull from as needed?
Must be macerated. They are receiving food waste pulp from large scale pulper at CSU.
Maintain a level that won’t go away by working with partners.
x Very possible.
Also have other waste water treatment facilities in GMA. What works here won’t necessarily
work for others.
x Financial impact on individual homeowners and businesses?
o Have been working on this data. Tricky to model costs with so many factors, including many outside
City control, as provided by private sector. Organics collection is estimated at $8-12/month. Optional
yard trimming service is currently $13/month. Working with economic consultant around recycling
and will have more information later this month.
Key is that City does not control the price. Market based. Three haulers bidding against each
other. Don’t have districting, which has negative impact on GHG.
o Council will expect answers on costs. Would not endorse without more details here.
x Organics collection GHG implications are significant.
o Over 50% of material currently going to landfill could be composted. Huge GHG benefits from
preventing it from being landfilled.
7
MINUTES
CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
Date: Wednesday, June 15, 2016
Location: 215 N. Mason Conference Room 1A
Time: 6:00–8:30pm
For Reference
Bob Overbeck, Council Liaison 970-988-9337
Katy Bigner, Staff Liaison 970-221-6317
Board Members Present Board Members Absent
John Bartholow, chair Katherine de Leon
Bob Mann
Nancy DuTeau
Luke Caldwell
Jay Adams
Elizabeth Hudetz
Harry Edwards
Drew Derderian
Staff Present
Katy Bigner, Staff Liaison, Environmental Services
Dianne Tjalkens, Admin/Board Support, Social Sustainability
Ginny Sawyer, Policy and Project Manager, City Manager’s Office
Gary Schroeder, Senior Energy Services Engineer, Utilities Customer Connections
Honoré Depew, Environmental Planner, Environmental Services
Lucinda Smith, Environmental Services Director
Lisa Rosintoski, Customer Connections Manager
Rebecca Everette, Senior Environmental Planner, Community Development & Neighborhood Services
Guests:
David Tweedale, citizen
Katherine Azari, citizen
Dan MacArthur, citizen
AGENDA ITEM 2—Community Recycling Ordinance Update
Honoré Depew, Environmental Planner, provided an overview of the proposed Community Recycling Ordinance
(CRO) in advance of a June 28 Council Work Session, including changes to the proposed ordinance that have been
made since the board last heard about it in December 2015.
CRO is proposed revision to existing rules around recycling and composting. Staff has been working on this revision
for over a year and has engaged in robust public and stakeholder engagement. Brought suite of options to Council
Work Session last year; were asked to work closely with haulers to find consensus that would work for all.
Current Proposed Package Includes—
Incline Rate Change: Pay-As-You-Throw is ordinance that was adopted in the 1990s—considered a best practice
that allows residents to pay less to have a smaller trash container. There has been 100% incline rate between
container size options. Ex: if smallest can is $10, medium is $20 and large is $30. However, this only applies to
single family residence at this time. Most important change is to extend recycling requirement to multifamily and
businesses. Other change is to charge a 75% incline rate.
8
Base Rate: This package would also reinstate hauler’s ability to charge a base rate, with a limit. The bill could have a
line item, which could be up to 25% of smallest service they offer. Changes in commodities market and changes in
cost to recycle are driving this. Haulers have been having to pay to drop off recyclables recently, when used to get
paid for them.
Organics Collection: For 2020 CAP goals, reductions associated with waste and organics are 25% of reduction
targets. Yard trimmings and food waste, aka organics, are large part of this. Number of challenges to collection of
organics: additional truck, where they can go to be processed, etc. Current proposal includes additional requirement
of seasonal yard waste collection, with additional cost. Currently one hauler has this service already. Would be
implemented next spring.
Multifamily Recycling: extends recycling to multifamily, with minimum 30% capacity—opportunity for realistic
amount of recycling capacity. See education as a form of enforcement. Set start date further out to allow haulers and
multifamily to adopt practices. If switch providers, goes into effect immediately.
Commercial Changes: Haulers required to offer recycling to all businesses. Roll-out implementation with deadline
by 2022, but all new service contracts must comply immediately. Component for haulers to demonstrate increased
participation by 20% annually.
Grocer Composting: Looking at food waste. Most grocers already have a diversion program for food waste. These
changes would bring outliers into the fold. Retail, restaurant and single family composting are off the table at this
point.
Discussion/Q&A:
x Multifamily isn’t Pay-As-You-Throw now, and neither is business recycling. But what see in new plan is that
the services have to be offered.
o Recycling services will be required to be provided with trash collection services to multifamily and
commercial.
x Wouldn’t it make sense to increase the cost of container based on gallon size?
o 32 gallon, 64 gallon and 96 gallon are standard sizes.
Has same effect.
o A lot of research into sweet spot for incline rate. Right around 80% is considered best practice.
o Costs haulers the same to make the trip no matter the can size. They don’t want so much price
differential between cans. Incentive to reduce waste lies in is what the customer has to pay.
x Typical trash truck holds how many tons?
o Range. Community generates 140K tons of garbage per year. Several tons can fit in a truck.
x In HOA have small box for recyclables.
o No additional cost for recycling under ordinance. Haulers can charge whatever they think customers
will pay for the service, but cannot charge separately for recycling. Size of recycling bin will have no
impact on bill.
x For hauler that offers yard waste collection, what percentage of residences sign up?
o Unsure.
o They also allow multifamily to opt in to yard waste collection.
x What is punitive impact of putting cardboard in trash?
o Have education for business community, rather than punitive enforcement.
o Haulers are supposed to reject loads if there is significant cardboard in the trash.
x So many things not sure about for recycling correctly, like flattening, removing plastic, etc.
o There are changes to education required from haulers. Rolling out Recycle Happy campaign and
highlighting high value items. Fort Collins has low contamination rate (under 10%), despite single
stream recycling.
x Where does educational component happen?
o Haulers have long been required to provide educational information regarding Pay-As-You-Throw
and the recycling guidelines to customers once per year as part of licensing agreement with the City.
The new ordinance would require that the graphics for this educational piece be provided by the City
for consistency – all customers receive the same information, no matter their hauler. The proposal
also includes the possibility for the hauler to simply print a URL/link on their paper bills where
customers can go to access the information.
9
Concerned about that requirement being on the hauler. If only provide a link and not a
document, wonder about actual impact and what changes we’ll see to compliance.
More and more customers moving away from paper bills. Will get response from Caroline.
Outcome of discussion with haulers. E-billing, but also value in annual paper information.
Digital divide.
x NRAB member: Don’t like this ordinance. Ordinance the Board recommended in December was a
reasonable compromise with haulers. Have taken out the only things that really matter from GHG
perspective. Have taken out food waste and don’t even have implementation date. With multifamily you
have done the same, with implementation in 2020. Multifamily recycling is done all over the country. This is
a no-brainer. We have a fair amount of multifamily, but primarily done by one hauler. Estimate is that 40-
45% of multifamily are already recycling. Others are not because hauler isn’t initiating. Business
implementation starts in 2018 with 20% increase annually through 2022. New customer must adopt
immediately, but existing customers don’t have to do this until 2018. Incline rate—don’t care about base rate
charge—except 75% is now unrelated to best practice incline rate. People who are doing what we want will
have the greatest increase in cost, while those throwing away the most trash will get a reduction. Doesn’t
make any sense. Not faulting staff, but the challenge to get consensus with the haulers. Had forums all last
summer and public surveys supported banning recyclables from the landfill and adding composting. Can see
other communities along Front Range that have implemented organics collection. Boulder did it within 12
months of adoption. Want to cooperate with haulers, but there is a sense in community that don’t want to
drive the haulers away. This won’t happen because profit margin in trash is so high they can add recycling
for free. Appropriate to push on them and decide what is in best interest of community, not best interest of
the haulers. Drafted resolution.
o Agree that eliminating implementation dates for organics is a really bad idea. Having those goals
brings money to the table to develop the infrastructure, facilities, etc. There has to be a guaranteed
compost to support development of those facilities. Backward looking to eliminate the goal. Not the
first to do this. Lagging behind.
o Jeff Mihelich had article in Coloradoan today which included Zero Waste and CAP goals. What
proposing to Council does not significantly move us toward those goals.
x How would you respond to accusations that it will cost too much? To businesses and individuals?
o Every piece is different—yard waste, food waste, multifamily, commercial. Also depends on what
comes online. Contract the landfill had with Waste Management was beneficial, but new contract is
hurting the haulers. It isn’t black and white. As a City we are never privy to the financial information
of the haulers. We are using national averages.
x Would like to suggest a third option to the board—endorse recycling in a general sense and acknowledge that
some details are yet to be decided. Would not want to say something negative. Would prefer a positive
perspective for a good impact.
o Don’t want to suggest to Council that we move forward with this ordinance as it is not in the best
interest of the community.
o Recommend a strong ordinance modelled along lines of draft ordinance presented in December.
o And point out importance of CAP goals and RZW. Implementation in 2022 does not address 2020
goals.
x Have trouble with reinstating a service charge. Don’t have enough detailed information on what was being
done to give the hauler an increase.
o One challenge is that the City does not set the rate. The haulers do.
The haulers can set the rates, so why do they need a surcharge? If argument is that they have
been losing money from recycling for 18 months and looking for ways to recuperate that, this
charge never goes away. If can charge whatever rate they want, no reason for surcharge. And
cost of having a contract is sometimes losing money.
o Two reasons haulers don’t want to raise rates—those doing good job of recycling are using small
trash containers so will have least increase. But if raise rate then almost triple rate for larger
container—people who are generating most trash are often those who have the least ability to pay.
o What is profit margin on trash?
Unknown.
They must be making some profit on the trash.
10
o If ordinance goes into effect as is, there is no sunset on the base rate fee. So if they start making
money on recycling again the fee does not go away?
Correct.
John moved to adopt Bob Mann’s draft recommendation with suggested edits. Elizabeth seconded.
Motion passed unanimously, 8-0-0.
x Agree with positive language around recycling and referencing December proposal. Name changes that do
not support and are not in best interest of community. Also, not what community supports.
x At risk of micromanaging. Not comfortable with that. Details can be worked through by the hauler and City
staff. This board ought not to be micromanaging.
o This is policy.
x Support prior ordinance language, not current changes.
ACTION ITEMS: Bob will provide final draft of motion to NRAB. Must be submitted to CMO by June 21.
11
MINUTES
CITY OF FORT COLLINS
AIR QUALITY ADVISORY BOARD
Date: Monday, June 20, 2016
Location: Community Room, 215 N. Mason Street
Time: 5:30–8:00pm
For Reference
Mark Houdashelt, Chair
Ross Cunniff, Council Liaison 970-420-7398
Lindsay Ex, Staff Liaison 970-224-6143
Board Members Present Board Members Absent
Mark Houdashelt, Chair Rich Fisher
John Shenot Gregory Miller
Chris Wood (6:20)
Jim Dennison
Vara Vissa
Robert Kirkpatrick
Tom Griggs
Staff Present
Lindsay Ex, Staff Liaison/Environmental Program
Manager
Dianne Tjalkens, Admin/Board Support
Lucinda Smith, Environmental Services Director
Cassie Archuleta, Environmental Planner
Amy Lewin, Senior Transportation Planner
Susie Gordon, Senior Environmental Planner
Councilmembers Present
None
Guests
None
AGENDA ITEM 2: Community Recycling Ordinance
City staff worked with Fort Collins’ trash haulers to create a mutually-agreeable package for the Community
Recycling Ordinance. A consensus package, which will be discussed at the June 28 Work Session, was shared. Susie
Gordon presented.
History: Fort Collins has had Pay-As-You-Throw ordinance in place for 20 years. Don’t have municipal trash
services. Have open market system. Hauler must have license to provide service in Fort Collins, must provide
recycling at no additional charge to residential, and must have variable rates so pay less for a smaller sized trash
container. Endorsed by EPA in 1990s. Now many communities with this structure. Gives people financial incentive
to reduce trash and increase recycling. Ordinance has been amended multiple times over years. Critical tool. More
challenging to implement this structure for multifamily and commercial. Facilities may not have space for recycling
enclosure, differences in types of materials generated, differences in recycling needs, etc. In multifamily, result is
that if landlord does not choose recycling, must self-haul or not recycle. 95% subscription rate to recycling in single
family residential. Staff started this ordinance update in 2015, including comprehensive community engagement.
However, in 2015 the recycling market declined as a result of international supply/demand commodity pricing
issues. Haulers went from being paid for recyclables to having to pay to drop them at the recycling center. They
would like to be able to charge a recycling fee to make up for this additional cost, but it is not allowed in our
ordinance.
Updates:
Incline Rate: Single family residential incline rate (pricing) has been 100% (difference between can sizes). Haulers
would like this to be lowered to 50%. Down to 80% differential positive impact on recycling remains, but as lower
the differential recycling declines. Council would like consensus with haulers—having multiple Work Sessions; the
proposal Council will review on June 28 is for a 75% incline rate.
12
Organics: Requesting haulers all offer seasonal single family residential yard trimmings collection. All willing to do
this, but requires another truck on the street. GHG emissions—woody material in landfill does not decay as quickly
as food scraps. Will divert a lot of material, but not a large methane emission component.
Multifamily and Commercial Recycling: Remain in the package.
Grocer Composting: Many already have composting services for produce. Only stores not using them are Safeway,
Albertsons, Target and Beavers. Possibility of setting a threshold to protect smaller groceries from financial
hardship. Restaurant composting is more difficult—chain, non-chain, large, small. Could not give Council answer on
economic impact of composting on restaurants. Organics collection in Boulder is combined food scraps and yard
trimmings. Not many facilities take these blended materials. Eaton facility recently got permit expanded to include
food scraps. Sole-source option for Fort Collins’ haulers. New biodigester in Kersey—methane is collected. If have
clean stream of food scraps can go into biodigester, but can’t take yard trimmings. Will be more options for food
scraps in the near future.
Comments/Q&A
x Air quality impacts?
o Criteria pollutants not analyzed, but sensitive to putting more trucks on the road due to air quality and
GHG impacts of additional vehicles. Trash, recycling, and seasonal yard waste collection use three
different truck collection routes. Have information on emissions that could occur.
o Two ways to look at GHG impacts—counted in inventory based on decomposing organic materials and
methane from them. Lifecycle impacts analysis looks at production of materials including using recycled
materials.
Using recycled material instead of virgin material—inventory goes to production facility.
x Grass clippings in yard waste?
o Encourage people to leave clippings on the lawn.
x Recycled organics material is a beneficial product.
o True, many great benefits, just not GHG impact.
o Does the ordinance specify where the materials go?
Mulch or compost.
x Have collection system at landfill for methane?
o Basic collection. Gas is currently flared. Piping system was installed by another company and the gas
belongs to them. Would like to make CNG. Large expense to install engines. Some landfills designed to
speed up decomposition process in order to collect methane.
x Difference with landfill is that don’t get organic materials like fertilizer.
o City is engaged in wasteshed planning project. Landfill will close in 10 years. Will have public forums
and surveys to decide what waste management system should include. Could landfill become a resource
recovery center? Many would like County to site composting facility at landfill.
x Important outcome of organics is generating compost. Powerful carbon sequestration. Helps provide nutrients
and water holding properties, also sequesters carbon.
o Included in part of inventory?
Lifecycle/bigger picture. Not included in inventory.
x Being environmentally aggressive with single-family. All haulers have been pushing to lower fees on larger
cans. Don’t understand their reasoning. If all compelled to offer recycling at no cost, all are just bidding against
each other. Profit margin dictated by efficiency, charge, etc. More profitable to charge more for larger cans.
o National hauler is willing. One hauler feels those with large families who may need larger cans should
not have a cost burden. Other hauler wants to charge a recycling fee. Haulers used to be able to charge a
small flat fee to cover fixed costs. In 2009 Council saw there were other fees being added and cost of
trash was being obscured. Asked staff to amend ordinance to disallow any extra fees. In Fort Collins bill
has one fee that includes trash and recycling. Suggesting allowing service charge/base fee, but having it
locked at no more than 25% of lowest cost can.
x With base fee and incline rate changes, it makes it cheaper to throw away more. Doesn’t affect businesses in a
negative way. Want rate payers to subsidize recycling. We’re backing off of Pay-As-You-Throw and that is a
bad idea.
o NRAB came to same conclusion.
13
o If you make it cheaper, do people generate more trash? Weak or strong correlation?
30 years of data show that when lower differential rate below 80% people start generating more
trash and less recycling. Single digits percentage change.
x In CAP, where is recycling? Economics? Landfill space? Lifecycle analysis? Culture of recycling itself is being
questioned. What is it doing in behavior, economics, etc.? Is it making an impact? Recyclability of single-use
containers and packaging encourages more consumption. Hear about contaminant issues.
o Honoré is working on sustainable materials management. City has been working on knowing what
emissions are for 15+ years, and inventorying. Recycling has played a large role in reductions. Have also
adopted zero waste goals. As work on CAP, 25% of what we hope to accomplish in next 4 years has to
do with reducing our waste. This ordinance, if adopted with all elements, would have huge emissions
reduction potential. Dilemmas in the market are impacting ability to implement all elements. Commercial
recycling will have large impact, though.
x If this package is adopted will emissions go down from status quo? How far from goals in CAP?
o Yes, will go down. Know how many tons will be diverted as result of each measure, and can calculate
emissions.
x Will adoption of this put on path to achieve goals or not? If have to do a lot right away and this only does a little,
may not meet our goals.
o Now 9% below 2005 levels. Inventory doesn’t always follow linear trajectory. Refining initiatives and
numbers. Without organics component lose a lot of the GHG reductions of this initiative.
x What happens on June 28 Council Work Session?
o Third time at Work Session. Will learn whether they are prepared to take this to adoption. Council may
decide to alter the package.
x Possible to use elasticity estimates rather than 50% incline rate to determine GHG emissions saved by staying at
incline rate of 100% with no base fee?
o Caroline has those details. Incline rate does not have a huge impact on GHG reductions. Commercial
recycling is where big gains are to be had.
x Organics are important to the public.
x Heartland is operating. What is their feed stock?
o Dairy manure, Leprino foods, meatpacking plant, and expired/damaged packaged foods.
o Any organization with municipalities?
They need a consistent waste stream. Would like to create a transfer station to collect food scraps
and manage transportation costs. Could collaborate with Larimer County and Loveland. Harder
to make work than anticipated. Could fit on footprint of landfill, but traffic issues and other
complications.
ACTION ITEMS: Susie will provide more GHG reduction numbers. Board will take action at a future meeting.
ATTACHMENT 11
Environmental Services
215 N. Mason
PO Box 580
Fort Collins, CO 80522
970.221-6600
970.224-6177 - fax
fcgov.com
MEMORANDUM
Date: May 16, 2016
To: Mayor Troxel and Councilmember Cunniff
Thru: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Jacqueline Kozak Thiel, Chief Sustainability Officer
Lucinda Smith, Environmental Services Director
Susie Gordon, Sr. Environmental Planner
From: Caroline Mitchell, Environmental Planner
Re: Community Recycling Ordinance Update
The purpose of this memo is to provide an update about the Community Recycling Ordinance in
preparation for an upcoming meeting on this topic, to which Mayor Troxel and Councilmember
Cunniff have been invited, as well as licensed trash/recycling collection companies, on Monday,
May 23, 2016.
Council first considered the Community Recycling Ordinance at a work session on October 13,
2015. This topic was also discussed at a work session on January 28, 2016, when staff received
direction to find consensus with the haulers who provide trash / recycling service in Fort Collins.
Staff has met with the haulers multiple times and has arrived at a draft consensus package. A
chart comparing the original proposal from October 13, 2015 and the current package is
attached to this memo.
A summary of the agreements that have been reached with the haulers follows:
x Updates to single-family Pay-As-You-Throw ordinance
o Staff worked with the City Attorney’s Office to determine the ability to meet the
haulers’ request for a separate fee to charge for current recycling tip fees. A “service
surcharge” of up to 25% of the cost of the smallest trash cart was suggested. This
allows flexibility to charge for fluctuating expenses out of the haulers’ control such as
a tip fee for recyclables or increased fuel charges, etc. It reinstates what was
formerly called a “base rate” that was in effect until 2009.
o Haulers continued to request a decrease in the percent cost difference between
sizes of trash cans (a.k.a. incline rate). Staff recommended remaining at the 100%
incline rate and the haulers requested a 50% incline rate. A compromise of 75%
incline rate was agreed upon.
x Optional seasonal yard trimmings collection (Apr-Nov) provided by all haulers
o This optional service, for which haulers can charge a separate fee, was supported by
haulers and staff. Two haulers currently provide this service and the third is willing to
provide it.
2
x Bundle recycling into trash service for multi-family complexes
o One hauler suggested a simple way to deliver the same results with less impacts on
the haulers’ internal systems, which was endorsed by staff and supported by the
other haulers
Require recycling service to be included with trash service, but as a
separate fee. Complexes would be required to have a minimum of 30% of
their overall service provided as recycling (but could apply for a variance
from the City if they don’t generate that much recycling or have space
constraints, etc.)
o Haulers requested implementation date of 2025, compromise of 2022 agreed upon
Any new customers would be subject to the new system upon ordinance
passage
x Bundle recycling into trash service for businesses
o Same conversations as listed above for multi-family, which staff is willing to support
o Haulers requested implementation date of 2025; mutual agreement reached for
starting implementation in 2018 and completing by 2022 (documenting progress of
signing up 20% of non-recycling customers / year)
Any new customers would be subject to the new system upon ordinance
passage
x Require grocers to have compost collection service starting in 2017
o All haulers and staff agreed upon this element
Two elements in the original Community Recycling Ordinance package have been suggested to
be removed from the package and considered in the future, pending infrastructure to better
accommodate their implementation:
x Require restaurants to have compost collection service
o Hauling service and treatment options for this sector are still developing. For
example, if Drake Water Reclamation Facility is able to accept food scraps directly
into the plant’s anaerobic digesters, the resulting decreased haul distance could
make this service more economically feasible.
x Bundle both yard trimmings and food scraps into Pay-As-You-Throw service for single-family
homes
o Council expressed concern about food scraps being included with yard trimmings in
this service. In the future, having a transfer station for yard trimmings (and potentially
food scraps) would help alleviate the hauling distance challenge for the large
volumes of this material.
Staff is drafting code language for the proposed ordinance and will be discussing the language
with haulers on May 18.
Please let us know if we can answer any questions prior to or during the May 23 meeting, which
will include City staff and Fort Collins haulers.
3
Community Recycling Ordinance Elements Comparison
5/16/16
Element Package Presented at
10/13/15 Work Session Current Consensus Package
Single-Family
Trash / Recycling
(Pay-As-You-Throw)
x Set incline rate at 80%
o Is currently 100%
x Implementation: Immediately
x Set incline rate at 75%
x Re-instate Service Surcharge
o Up to 25% of cost of smallest
cart
x Implementation: Immediately
Single-Family
Yard Trimmings
Collection
x Haulers offer yard trimmings
collection Apr-Nov
o As a separate, opt-in fee
x Implementation: April 2017
x Haulers offer yard trimmings
collection Apr-Nov
o As a separate, opt-in fee
x Implementation: April 2017
Multi-Family
Recycling
x Bundle recycling into trash
service
o 30% of service as recycling
x Implementation: June 2017
o New customers must comply
with requirement immediately
upon adoption
x Require recycling service for multi-
family residents
o minimum 30% of service as
recycling
x Implementation: 2022
o New customers must comply
with requirement immediately
upon adoption
Business Recycling
x Bundle recycling into trash
service
o 30% of service as recycling
x Implementation: June 2017
o New customers must comply
with requirement immediately
upon adoption
x Require recycling service for
businesses
o minimum of 30% of service
must be recycling unless
location applies for variance
x Implementation: 2018-2022
o 20% of non-recycling
businesses added per year
1
ATTACHMENT 12
2
3
4
5
6
REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV
OF THE FORT COLLINS CITY CODE
-1-
ARTICLE XV.
- SOLID WASTE COLLECTION AND RECYCLING SERVICES
Sec. 15-411. - Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section§15-411:
Basic service shall mean collection of solid waste and recyclable materials from a residential
customer by a collector.
Collector shall mean thea person or entity providing collection service. for solid waste and/or
recyclables and/or food scraps and/or yard trimmings.
Commercial customers shall mean any premises utilizing collection service where a commercial,
industrial or institutional enterprise is carried on, including, without limitation, retail
establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes,
clubs, churches and public facilities. Customers, other than residential customers, serviced using
any type of collection container, including without limitation poly-carts, dumpsters, or roll-off
bins, are considered commercial customers unless the service is provided for an active
construction or demolition project permitted by the City of Fort Collins building department.
Communal system for the collection of waste shall mean an arrangement for the collection of
waste from multiple properties or residences using collection containers shared by those
properties or residences.
Composting of food scraps shall mean the process of converting these materials into a nutrient-
rich soil amendment.
Container shall mean a refuse container as defined in §12-16, a poly-cart, disposable bags, bin-
type containers, carts or bulk-volume dumpsters or plastic receptacles, each of variable volume
capacities as defined in this Article, provided by a collector to a customer and used for the
collection of refuse, recyclable materials, food scraps or yard trimmings.
Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb, but
does not mean or permit placement on the sidewalk or in the street.. If the curb and any sidewalk
are of unitary construction, the term means behind the sidewalk. or on the street side of the curb
so long as such location does not impede bike, pedestrian, or car traffic and is not on an arterial
street.
Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside
location or within a dumpster site.
Director shall mean the Director of the City’s Environmental Services Department.
ATTACHMENT 13
REDLINED TO SHOW CHANGES TO CHAPTER 15, ARTICLE XV
OF THE FORT COLLINS CITY CODE
-2-
Dumpster shall mean a metal or plastic container 1 cubic yard to 10 cubic yards in volume that is
used to collect refuse or recyclables.
Electronic equipment shall mean any electronic device or electronic component as those terms
are defined in the Colorado Hazardous Waste Regulations, 6 Code of Colorado Regulations
1007-3, Section 260.10.
Existing customers shall mean customers with whom a collector has a written contract for
collection services or for whom a collector is providing collection services, but not recycling
services, as of December 31, 2016.
Feed animals shall mean to divert for use as animal feed, in accordance with regulations
established by Colorado Department of Public Health and Environment.
Feed hungry people shall mean donate extra food to food banks, soup kitchens, and shelters
and/or other methods of making extra food available for human consumption consistent with
state and local regulation.
Food scraps shall mean any animal- or vegetable- based staple foodstuffs, including food scraps
resulting from the preparation, cooking, and serving of food, unsaleable or outdated food, and
other compostable items such as food-soiled paper, provided that such materials have been
designated for collection by the City Manager pursuant to §15-416.
Food store shall mean a retail establishment or business located within the City in a permanent
building, operating year round, that is a full-line, self-service market and which sells a line of
staple foodstuffs, meats, produce, dairy products or other perishable items. "Food store" does
not include:
(a) temporary vending establishment for fruits, vegetables packaged meats and dairy
products;
(b) vendors at farmers' markets or other temporary events;
(c) businesses at which foodstuffs are an incidental part of the business. Food sales
will be considered to be "incidental" if such sales comprise no more than 2 percent (2%)
of the business' gross sales in the city as measured by the dollar value of food sales as a
percentage of the dollar value of total sales at any single location.
Group account shall mean a customer account for solid waste collection services that provides
for collection of waste from multiple residential customers, regardless of the method by which
such services are contracted or arranged. An account for service arranged by a single property
owner for collection of solid waste from multiple locations owned by that property owner shall
not constitute a group account for the purposes of this Article.
Household recycling container shall mean bags, bin-type containers, carts or bulk-volume
dumpsters and plastic receptacles used for storing and setting out recyclable materials.
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Hierarchy for materials management shall mean the same as the definition for that term formally
adopted by the US Conference of Mayors in 2015 as follows: the prioritization of methods for
management of materials in the following order, from preferred use to least preferred: 1)
extended producer responsibility and product redesign; 2) reduce waste, toxicity, consumption,
and packaging; 3) repair, reuse, and donate; 4) recycle; 5) beneficial reuse; 6) waste-based
energy as disposal; 7) landfill as disposal.
Hierarchy of uses for food scraps shall mean the prioritization of methods for reducing or
disposing of food scraps in the following order, from preferred use to least preferred: 1) source
reduction of food scraps; 2) feed hungry people; 3) feed animals; 4) industrial uses; 5)
composting; 6) disposal in a landfill or incineration.
Industrial uses of food scraps shall mean to provide waste oils for rendering and fuel
conservation and food scraps for digestion to recover energy.
Landfill shall mean an area of land or excavation licensed by the State of Colorado to accept
waste for permanent disposal.
Large capacity container(s) shall mean a container with a volume capacity of more than 90
gallons but not more than 99 gallons.
Medium capacity container(s) shall mean a container with a volume capacity of more than 60
gallons but not more than 69 gallons.
Multi-family customers shall mean residential properties for which there is a communal system
for the collection of solid waste.
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. refuse, recyclable
materials, food store food scraps, or yard trimmings. For multi-family or commercial customers,
a dumpster or roll-off bin with aggregate volume of multiple poly-carts shall be deemed to
constitute one or more poly-carts.
Qualified recycling facility shall mean a facility that arranges for or causes the recovery of useful
materials from one (1) or more specified recyclable materials including items for reuse, and shall
be deemed to include only a facility that meets any federal or state standards that may be
established to regulate or designate such recycling facilities.
Recyclable cardboard shall mean corrugated cardboard, and shall include, but not be limited to,
materials used in packaging or storage containers that consist of three (3) or more layers of Kraft
paper material, at least one (1) of which is rippled or corrugated. Cardboard shall be considered
recyclable cardboard regardless of whether it has glue, staples or tape affixed, but not if it is
permanently attached to other packing material or a nonpaper liner, waxed cardboard or
cardboard contaminated with oil, paint, blood or other organic material.
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Recyclable materials shall mean materials which have been separated from solid waste and can
be recovered as useful materials and are properly prepared for the purpose of recycling, provided
that such materials have been designated by the City Manager as recyclable. pursuant to §15-
414 of this Article.
Recycling shall mean the process of recovering useful materials from solid waste, including
items for reuse.
Recycling collector shall mean a person or entity providing recyclable collection services.
Refuse shall mean solid wastehave the meaning set forth in §12-16 of this Code.
Residential customerscustomer shall mean a customer at a residential propertiesproperty for
which a communal system for the collection of waste is not employed.
Roll-off bin shall mean an open-top or gable-top metal container used to collect refuse or
recycling that is 10 cubic yards or greater in capacity.
Service shall mean collecting, transporting or disposing of solid waste or, recyclable materials,
food store food scraps or yard trimmings for consideration.
Small capacity container(s) shall mean a container with a volume capacity of more than 30 but
not more than 39 gallons.
Solid waste shall mean all refuse, putrescible and nonputrescible waste, excluding discarded or
abandoned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other
sludge, discarded home or industrial appliances, hazardous wastes, materials used as fertilizers or
for other productive purposes and recyclable materials which have been source separated for
collection.
Solid waste collector shall mean the person who provides solid waste collection service on a
regular, recurring schedule.
Source reduction of food scraps shall mean reduction of the volume of surplus food generated
and disposed of.
Source separation shall mean to separate solid waste, recyclable materials from solid waste, food
scraps and yard trimmings at the waste source.
Volume capacity category of containers shall mean small capacity containers, medium capacity
containers, or large capacity containers placed for collection of solid waste, recyclable materials,
food scraps or yard trimmings.
Yard trimmings shall mean yard clippings, wood, branches, leaves, and twigs as designated for
collection by City Manager pursuant to §15-416.
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Sec. 15-412. - 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 pursuant to §15-
417.
(b) Exemptions. The following persons or entities are not required to obtain a solid waste or
recyclable 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, yard trimmings or food scraps 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 or landscape work being
performed by such person.
(c) Volume-based rates for solid waste service.
(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 containers 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, and offer to residential customers, the
thirty-two-gallonsmall capacity container solid waste service, and that rate shall be used
to determine the rates for all other service levels. Said charges shall be based upon the
solid waste container size, rather than the volume of solid waste actually deposited within
such containers by the residential customers. The charge for additional solid waste
containers of the same volume capacity (or volume capacity category) shall be no less
than one hundred (100) percent of the charge for the first such container. The charge for
prepaid bags or labels or for solid waste volumes in excess of a customercustomer’s
service subscription level shall be by(based on volume capacity andcategory) shall be
proportional by volume to the collector's standard rate for a thirty-two-gallonsmall
capacity container.
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(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 containers (which may include disposable bags,), or
labels to be attached to nondisposable containerscustomer-provided disposable bags,
showing the volume capacity (or volume capacity category) of such containersbags, 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 volume capacity category container
sizes and levels of service offered by the hauler. collector. In the case of a group account,
the solid waste collector shall require a written contract confirming compliance with the
provisions of this Article.
(3) In offering or arranging for services, a solid waste collector shall provide
reasonable notice of the full range of bag orvolume capacity category container sizes or
levels of service offered by the haulercollector, and shall provide to each residential
customer that customer's requested volume capacity category 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, recyclables, food
scraps or yard trimmings which hashave 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§15-412(c) shall not be construed as prohibiting
any collector from also establishing rules and regulations regarding the maximum weight
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 (1) time offset by a low volume at another time.
(d) Fixed fees. for prepaid disposable bags or labels for solid waste service.
(1) In additionWhere prepaid disposable bags or prepaid labels for customer-provided
disposable bags (rather than reusable containers) are provided by a collector to the
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volume-based rates required pursuant to Subsection (c) aboveits customers for solid
waste collection services, 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 in addition to the volume based
rates for the prepaid bags or labels under §15-412(c) above.
(2) If a solid waste collector elects to charge such fixed fee, said fee shall not exceed
thirtyseventy-five (3575) percent of the monthly volume-based rate charged for one (1)
thirty-two-gallonsmall capacity container per week.
(3) 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.
(e) Service surcharge for solid waste service.
(1) In addition to the volume-based rates required pursuant to §15-412(c) above and
any fixed fees permitted under §15-412(d) above for collection of prepaid disposable
bags or prepaid labels for customer-provided disposable bags, collectors may, but are not
required to, charge a service surcharge to residential customers. A service surcharge may
be imposed only to cover fluctuating operational costs of doing business outside of a
collector’s control (such as, for example, fuel costs or market based recycling fees paid
by collectors). A service surcharge shall be permitted and charged only as set forth in this
§15-412(e).
(2) If a collector elects to charge such service surcharge, said surcharge shall not
exceed twenty-five (25) percent of the monthly volume-based rate charged for one (1)
small capacity container per week.
(3) In the event that a collector elects to establish a service surcharge, all bills for
services provided by such collector to residential customers shall clearly show both the
service surcharge and the volume-based rate. Additionally, in the event that a collector
elects to establish a service surcharge, such collector shall, on or before January 1 of each
ensuing year, deliver to the Director a true and correct copy of such rate schedule.
(f) Refusal ofdue to recyclable materials. In the event that a collector refuses to collect any
bag orsolid waste container because it contains materials required to be recycled under §12-22,
the collector shall not be required under this Section§15-412 to credit the customer for such
refused bag or container. A collector shall not collect materials required to be recycled under
§12-22 comingled in a solid waste container, except that, with respect to recyclable cardboard, a
collector may, but shall not be obligated to, accept any bag orsolid waste container that has
reasonably been determined, based upon visual inspection, to contain no more than twenty-five
(25) percent recyclable cardboard by volume.
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(g) Subcontractors or agents. 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.
Sec. 15-413. - Recycling requirement.
(a) Curbside/on-site collection - Residential.
(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
(1) 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, and without additional charge other than a service surcharge under
§15-412(e), the collection at curbside of both solid waste and recyclable materials, as
said. Charges for such basic service provided to each residential customer shall include
recyclable materials are designated from time to time by the City Manager as provided in
§ 15-414 of this Article. No such a minimum amount equal to at least eighteen (18)
gallons and need not be more than two large volume capacity containers. No collector
shall be permitted to divide or diminish charges for the provision of saidsuch basic
service at the request of such customer or for any other reason.
(2) All collectors providing solid waste collection services to residential customers
shall provide curbside recycling collection services at least once per week 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 residential customers located within mobile home
parks. After a collector has offered and made available to its residential customers
medium and/or large capacity containers for recycling, said collector may modify its
recycling collection schedule to a minimum of two collections per month 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 residential customer. When a residential
customer has two large capacity containers for recycling collection, collectors may
require that all recyclable materials fit inside the container provided to a residential
customer.
(b) On-site collection - Multi-Family and Commercial.
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(1) Each solid waste collector licensed by the City shall, upon request, provide to
each multi-family and commercial customer (and other customers receiving solid waste
collection services through a communal system of waste collection) as a part of any solid
waste collection services provided by such solid waste collector, the collection of
recyclable materials. Such collector shall be permitted to impose an additional charge to
multi-family and commercial customers (and other customers receiving solid waste
collection services through a communal system of waste collection) for the collection of
recyclable materials.
(2) The amount of recyclable materials collection that shall be provided to each
multi-family and commercial customer as a part of such basic services shall be not less
than one-third (1/3) of the total collection volume (including both solid waste and
recyclables) for such customer based on the size of solid waste containers provided to
such customer and the service frequency (“minimum recycling service”). For example, if
such a customer is provided with pick-up of a 4-cubic-yard trash container that is
collected once per week, the collector shall also provide minimum recycling service in an
amount equal to not less than a 2-cubic-yard recycling container as a part of such basic
services (2 cubic yards is one-third (1/3) of the total service volume (including both solid
waste and recyclables) of 6 cubic yards).
(3) Commencing January 1, 2017, each solid waste collector licensed by the City
shall provide to new and existing multi-family and commercial customers (and other
customers receiving solid waste collection services through a communal system of waste
collection) as a part of any solid waste collection services provided by such collector, the
minimum recycling service calculated under §15-413(b)(2) in accordance with the
schedule set forth in this §15-413(b)(3). Each solid waste collector licensed by the City
must add minimum recycling service to the solid waste collection service provided to
existing multi-family and commercial customers not receiving recycling service as of
December 31, 2016 (“unserved multi-family and commercial customers”) in accordance
with the following schedule:
a. by December 31, 2017, _____ percent (___%) of its unserved multi-
family and commercial customers;
b. by December 31, 2018, _____ percent (___%) of its unserved multi-family
and commercial customers; and
c. by December 31, 2019 _____ percent (___%) of its unserved multi-family
and commercial customers; and
d. by December 31, 2020 ________one hundred percent (100%) of its
unserved multi-family and commercial customers.
Thereafter, the cost for minimum recycling service must be billed in addition to the cost
of solid waste collection service for all multi-family and commercial customers. The
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charge for both such services may be itemized separately for billing purposes, but shall
not be reduced to exclude the cost of minimum recycling service unless a variance is
granted in accordance with this §15-413(b)(3).
A variance may be granted by the City in accordance with the following provisions:
(i) If a collector's multi-family or commercial customer declines to participate
in minimum recycling collection services offered by a collector due to space
constraints, self-hauling recyclables to recycling drop-off center, utilization of a
separate licensed recycling collection provider other than the solid waste
collector, failure to generate recyclables, or if only available location for recycling
bin is not safely serviceable by hauler, the customer must submit a written request
for variance on a form provided by the City and signed by the customer. A
recycling bin location that is not safely serviceable is defined as a location that is
substantially less safe to service than the trash bin service area for that location.
Upon receipt of such a request for variance, the Director shall either approve the
variance for good cause shown, or disapprove the variance. A copy of the
approved or disapproved variance shall be sent by the City to the solid waste
collector servicing that customer.
(ii) For purposes of this §15-413(b)(3) "good cause shown" shall mean
evidence presented by the customer that, to the reasonable satisfaction of the
Director, demonstrates that the customer lacks sufficient space for recycling
containers, self-hauls recyclables to a drop-off recycling center, utilizes a separate
licensed recycling collector, generates recyclables in an amount less than one-
third (1/3) of the customer’s total solid waste and recyclables, or the only
available location to service recycling bin(s) is substantially less safe to service
than the trash bin service area for that location and therefore is deemed unsafe to
service.
(iii) If a variance is granted for a customer not generating recycling of at least
one third (1/3) of the volume of waste generated, but the customer generates at
least 96 gallons of recyclables per week, the variance will require that recycling
service in the volume of recycling the customer generates be included as a part of
solid waste collection services.
(iv) If a variance is approved in accordance with the foregoing provisions, the
collector shall not be required to provide such recycling services to such multi-
family or commercial customer for the five (5) year period following approval of
the variance, except as otherwise provided by the Code. If, after the five (5) year
period, the constraints on which the variance was based still exist, the customer
may submit a request for an additional five (5) year variance, except as otherwise
provided by the Code.
(v) If the variance is not approved, the collector shall be required to provide
minimum recycling services, in addition to solid waste collection, and charge the
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customer for the minimum required volume of recycling services as set forth
herein.
(4) Collectors providing collection services to multi-family and/or commercial
customers shall provide services for the collection of recyclable materials from such
customers with such frequency as is necessary to prevent overflow of the recycling
containers.
(5) Collectors shall provide each multi-family and commercial customer with
educational guidelines for recycling and signage for use inside its facilities, which
guidelines and signage may be designed and provided by the collector and approved by
the City or the collector may utilize City-provided guidelines and signage for this
purpose.
(c) 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 whichthat customers have not properly prepared for
recycling, collectors may not commingle designated recyclerecyclable 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 pursuant to §15-416 as materials which
collectors must offer to collect for recycling.
(2) On or before January 1, 2010, collectors mustCollectors shall provide to each
residential 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,§15-413(c), clearly marked as a recyclables container
with words or symbols or both. Collectors must annually offer each residential recycling
customer, in writing, a choice of at least two (2) sizes of poly-cart containers at least
sixty-four (64) gallons ina medium capacity, one (1) of which must be at least ninety-six
(96) gallons in or large capacity. recycling container. The collector must provide the
requested poly-cartcontainer 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-cartscontainers, not to exceed the actual cost of the container. The
collector must provide a poly-cartcontainer 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.container, and must provide a container to any customer at any time upon
request within one (1) billing period after the request is made. Collectors shall provide
recycling containers to multi-family and commercial customers (in the form of
containers, dumpsters, or roll-off bins as deemed appropriate for servicing the location)
and with a capacity sufficient to meet one-third (1/3) of service as recycling volume
requirement. Regardless of the type of container, it must be clearly identifiable as a
recycling container and include a conspicuous chasing arrows decal on the side(s) of the
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container accessed by service or pedestrian access, as well as signage such as stickers or
weather-resistant laminated posters or imprinting into the surface of the container during
manufacture, of recyclable materials accepted in local collection programs, including
graphics depicting acceptable materials; such information may be delivered by use of
City-provided graphics or graphics provided by the collector and approved by the City.
(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
(4) 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 materials placed for collection.
(6
(5) 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.
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(d) Customer notification.
(1) Upon the initial provision of solid waste collection services to new residential
customers, and on or before December 31 of each year with respect to existing residential
customers, collectors shall notify in writing such customers of:
a. the availability of the collection of recyclable materials,
b. the range of poly-cart recycling containers available,
c. the materials designated for recycling collection pursuant to §15-414416; and
d. 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
e. the variable-rate solid waste collection service options offered by the solid waste
collector and,
f. the related volume-based rates and fixed charges. service surcharges, and
(2) The form of notice shall be submitted to the City for review for consistency 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 g. the availability of optional collection service for residential yard trimmings under
§15-414.
In addition, such notice shall include educational guidelines and information regarding
solid waste, recycling and yard trimmings provided by the City to the collectors in
electronic or printed form not later than December 31 of each year. Collectors must
provide notice in paper form to all customers receiving a paper bill or paper service
calendar. Collectors may provide notice electronically to customers receiving only
electronic communications.
(2) 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
(3) 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
(4) 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.
Sec. 15-414. – Optional service – residential yard trimmings.
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(a) Residential service required. As of April 1, 2017, each solid waste collector licensed by
the City shall make available to each residential customer receiving solid waste collection
services, including customers receiving solid waste collection services through a group account,
curbside collection of residential yard trimmings at least once per week from April to November
of each year upon a customer’s request.
(b) Rates. Collectors shall be responsible for setting rates for collection of residential yard
trimmings and such charges may be billed separately from any charges for basic services, as
defined in §15-411 to include collection of solid waste and recyclable materials, provided by the
collector, and shall not be governed by the requirements of §15-412(c).
(c) Disposal of yard trimmings. Collectors may not comingle yard trimmings with refuse or
recyclable materials, nor dispose of yard trimmings at a landfill. Yard trimmings shall be
disposed of by the collector at a location or facility permitted to collect organic materials for
recycling, reuse or composting.
Sec. 15-415. – Collection of food store food scraps.
(a) Frequency of Collection. Collectors providing food scraps collection service to food
stores shall provide collection with such frequency as is necessary to present overflow of
containers. Service must be provided at least one per week, but no less frequently that may be
required by the Larimer County Department of Health and Environment.
(b) Collectors – duties. All licensed collectors of food scraps operating within the City shall
have the following duties:
(1) Except as permitted by variance allowed under §12-23(a), collectors may not
comingle food scraps with refuse or recyclable material or dispose of food scraps by any
means other than at a location or facility permitted by the State of Colorado to collect
such material (but not to a landfill).
(2) A collector may establish such reasonable and industry-accepted requirements for
the preparation of food scraps as are necessary to provide for the orderly collection of
such materials, including requirements regarding the preparation of materials for
collection, the collection of materials, and requirements for separation.
(3) All food scraps placed for collection shall be owned by and be the responsibility
of the food store 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 food
store or the collector of food scraps shall take physical possession of any such materials
placed for collection.
Sec. 15-416. - Designation of recyclable materials., food scraps, and yard trimmings for
collection.
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(a) The City Manager shall, on or before the 30th1st day of NovemberOctober of each year,
after consultation with the Larimer County Board of Commissioners, the Natural Resources
Advisory Board and representatives of the licensed solid waste collectors operating within the
City, determine which items (including recyclables, food scraps, and yard trimmings) shall be
designated for recycling collection based upon the following criteria:
(1) Local, state and federal laws and regulations, including, but not limited to, the
requirements of this Article;
(2) Potential for waste stream reduction;
(3) Availability of markets;
(4) Market price;
(5) Safety factors and risks of transportation; and
(6) Risks of comminglingcomingling of liquid wastes.; and
(7) Adherence to the hierarchy of materials management and hierarchy of uses of
foods scraps.
(b) Notwithstanding the foregoing, collection for recycling of electronic equipment 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, but instead shall deliver any
collected electronic equipment for recycling at a qualified recycling facility for electronic
equipment.
(c) All collectors shall be responsible for notifying their customers of the items identified to be
recycled.
(d
(c) The City Manager is authorized to promulgate such rules and regulations as are necessary
to effectuate the implementation and enforcement of this Article.
Sec. 15-415417. - Application for license.
(a) Any person desiring to obtain a license to engage in the business of being a collector of
solid waste collection, recyclable materials, food scraps, or yard trimmings within the City 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, food scraps, and/or yard trimmings, or operated or
located at any time in the City 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
and of the availability of seasonal yard trimmings collection service. 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 Subsection §15-418(a) for the preceding
twelve-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§15-417, 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.
Sec. 15-416418. - 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:
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(1) A license fee in the sum of one hundred dollars ($100.) for each vehicle required
to be identified under Subsection §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.
(3) Proof that each vehicle required to be identified under Subsection §15-415(a) has
been registered with the U.S. Department of Transportation.
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Sec. 15-417419. - Term of license.
All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day
of December of the year in which such license is issued. All licenses shall expire on December
31 of each year. Licenses are not transferable.
Sec. 15-418420. - 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 by November 30 of each year, the following:
(1) The specific manner in which trash collection and, recycling services and
collection of food scraps and yard trimmings 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,
and any other customer category, 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, yard trimmings, or food scrap collection services, as well
asand the number of customers that utilize prepaid bag or tag services, and the number of
recycling poly-cartscontainers provided to residential 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§15-420 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.
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(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, including contracts
for group accounts, written records of individual level of service requests, invoices, route sheets
or other records necessary to verify the accuracy and completeness of such records., and copies
of all applications for and documentation pertaining to all requests for variance pursuant to §15-
413(b)(3) above. 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 §15-418420(d) 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 the City from all residential, multi-
family and commercial customers, and any other customer category, 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, 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-
414416) of recyclables collected through thefrom all residential, commercial and multi-
family recyclables collection program, and any other customer category, reported by
category of customer.
(3) Number of tons of each type (as determined by the City Manager pursuant to §
15-414) of household recyclablesfood scraps collected through the curbside recyclables
collection programin the City from any customer category, reported by category of
customer.
(4) Number of tons of each type (as determined by the City Manager pursuant to §
15-414) of household recyclablesyard trimmings collected in the City from any customer
category, including group accounts, reported by drop-off system. category of customer.
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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 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.
Sec. 15-419421. - Disposal of solid waste.
All persons holding licenses pursuant to this Article and engaged in the business of collectionas a
collector of solid waste shall dispose of all such refuse and solid waste at the Larimer County
Landfill or at any other disposal site whichthat is approved by any state. No solid waste shall be
disposed of at any other location either inside or outside of the City.
Sec. 15-420422. - Identification of vehicles.
Each vehicle used in the solid waste collection businessby a collector to provide services within
the City pursuant to a licensed issued under this Article shall bear an identification sticker issued
by the Financial Officer in a conspicuous place upon the vehicle, which identification sticker
shall be issued by the Financial Officer at the time the license is granted.
Sec. 15-421423. - Hours of operation.
No collector shall operate any vehicle for the purpose of collection ofcollecting solid waste,
recyclables, food scraps, or recyclable materialsyard trimmings on any street designated by the
City as "local residential" or "residential collector" between the hours of 7:00 p.m. and 7:00 a.m.
(the "Nighttime Hours").
Sec. 15-422424. - Investigation of reports, records and other items relating to compliance
with this article.
For the purpose of ascertaining the correctness of any reports, plans or other documents
submitted or required to be prepared and maintained by a licensed collector pursuant to this
Article XV, or for the purpose of determining compliance with any requirements of this Article
XV of any person, whether or not the same is licensed under this Article XV, the City Manager
may hold investigations, including audits, and hearings concerning any matters covered by this
Article, and may examine any relevant books, papers, records or memoranda of any such person
and may require the attendance of such person, or any officer or employee of such person, or of
any person having knowledge of transactions involved, and may take testimony and proof of the
information. The City Manager shall have the power to administer oaths to such persons. Except
for routine or random audits, any such investigation shall be based upon reasonable suspicion of
a violation as determined by the City Manager. The City Manager shall provide advance notice
to the affected solid waste collector of his or her intent to conduct an investigation under this
Section§15-424, unless the City Manager determines that provision of such notice may
compromise the purpose of the investigation.
Sec. 15-423425. - Subpoenas and witness fees.
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All subpoenas issued under the terms of this Article may be served by any person over the age of
eighteen (18) years. The fees of witnesses for attendance in response to a subpoena shall be the
same as the fees of witnesses before the District Court, such fees to be paid when the witness is
excused from further attendance. When the witness is subpoenaed at the instance of the City
Manager, such fees shall be paid by the City, but when a witness is subpoenaed at the instance of
any other party to such proceeding, the City Manager may require that the cost of service of the
subpoena and the fee of the witness be borne by the party at whose instance the witness is
summoned. In such case, the City Manager, in his or her discretion, may require a deposit to
cover the cost of such service and witness fees prior to issuing such subpoenas. A subpoena
issued as aforesaid shall be served in the same manner as a subpoena issued through a court of
record.
Sec. 15-424426. - Attendance of witnesses and production of evidence to be compelled by
municipal or district judge.
Any Judge of the Municipal Court or the District Court, upon the application of the City
Manager, may compel the attendance of witnesses, the production of books, papers, records or
memoranda and the giving of testimony before the City Manager, by an action for contempt or
otherwise in the same manner as the production of evidence may be compelled before such court.
Sec. 15-425427. - Depositions.
The City Manager, or any party to an investigation or hearing before the City Manager, may
cause the deposition of witnesses residing within or without the State to be taken in the manner
prescribed by law for depositions in civil actions in courts of this State and to that end compel
the attendance of witnesses and the production of books, papers, records or memoranda.
Sec. 15-426428. - Suspension or revocation of license.
The City Manager may, after written notice of no less than ten (10) days and an opportunity for a
hearing if requested by the licensee within twenty (20) days of such notice, suspend or revoke
any license issued under this Article as he or she determines reasonably appropriate upon a
finding that the licensee has failed to comply with any provision of this Article or has violated
other applicable laws intended to protect public health, safety or the environment. No period of
suspension shall exceed six (6) months in duration. In the event of a revocation of a license, the
City Manager may further declare such licensee ineligible for licensure under this Article for a
period of up to one (1) year from the date of revocation, if he or she reasonably determines that
the circumstances so warrant. In lieu of suspension or revocation of a license under this
Section§15-428, or as a condition of future eligibility for licensure, if a licensee is declared
ineligible for the same, the City Manager may establish reasonable terms and conditions for
continuation of a license or such future eligibility. A license shall be subject to immediate
suspension in the event of violation of any such terms and conditions for continuation of a
license.
Sec. 15-427429. - Notices.
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All written notices required to be mailed, served or given to any person under the provisions of
this Article shall be hand delivered or mailed, postage prepaid, addressed to such person at the
last known address of such person on file with the City and shall be deemed to have been
received by such person when so mailed or delivered.
Sec. 15-428430. - Review of decisions of the city manager.
The licensed collector or other person subject to final action of the City Manager under this
Article may apply for review of such action in the Larimer County District Court in accordance
with Rule 106 of the Colorado Rules of Civil Procedure. The review must be sought no later than
thirty (30) days after the date of the decision to be reviewed.
Sec. 15-429431. - Violations.
It shall be unlawful for any person to:
(1) Fail or refuse to make or file any record, report, application or other document required to
be made or filed by this Article or to make any false or fraudulent record or report or any false or
fraudulent statement in any such document;
(2) Operate as a solid waste collector within the corporate limits of the City without the
license required by this Article or to continue to do business during a period of suspension of
such license or after such license is revoked; or
(3) Aid or abet another in any attempt to evade any requirements imposed by this Article.
Sec. 15-430432. - Other remedies unaffected.
Nothing in this Article shall be construed to limit or forbid the City or any other person from
pursuing any other remedies available at law or in equity to enforce the provisions of this Article,
including, without limitation, the prosecution of violations of this Article pursuant to §1-15 of
this Code.
Introduced, considered favorably on first reading, and ordered published this 6th day of
September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 20th day of September, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
ATTACHMENT 13
1
Community Recycling Ordinance
Jeff Mihelich & Caroline Mitchell
9-6-16
CRO Supports Council-Adopted Goals
Road to Zero Waste Goals
• 75% diversion by 2020
• 90% diversion by 2025
• Zero waste by 2030
2
Road to 2020 Goals
• 20% reduction by 2020
• 80% reduction by 2030
• Carbon neutral by 2050
2015 diversion: 58%
Public Outreach & Input Received
• 5 public meetings
• Presentations to 5 City Boards &
Commissions
• Regular meetings with trash haulers
• Presentations to 14 Stakeholder &
Community Groups
• Advisory board with 20 diverse
members
• 250+ responses to online questionnaire
• 600+ subscriptions to email updates
3
Proposed Changes to Code
1) Allow haulers option of service surcharge to single-family customers
• Immediately
2) Optional seasonal yard trimmings collection offered to single-family
customers
• April 2017
3) Recycling service to multi-family and commercial
• By 2020
4) Grocers subscribe to food scraps collection
• By end of 2017
4
5
1) Recycling service included with trash service; cost embedded
2) Trash pricing based on volume of trash can subscription
• 100% price difference
Current Pay-As-You-Throw Requirements
$13
$39
$26
*Rates are for example. Actual rates set by haulers.
Change #1: New Service Surcharge
• Reinstates fee allowed prior to 2009
• Haulers can charge up to 25% of cost of smallest trash cart
• Generalized service surcharge can be used for
• Cost to deliver recyclables
• Fuel charges
• Other variable costs that may arise in future
• Same cost for all trash customers,
regardless of trash cart size
subscription
6
$ 3-4
$ 3-4 $ 3-4
*Rates are for example. Actual rates set by haulers.
7
Change #2: Optional seasonal
yard trimmings for single-family homes
Requires haulers to provide yard
trimming collection to single family
customers
• Seasonal (April through November)
• Extra fee can be charged
• Service is optional for single family
customers
8
Change #3: Require
Recycling for Commercial, Multi-Family
• Recycling is separate fee,
NOT bundled
• Minimum of one third of overall
service provided as recycling
Recycling Required to be Part of Service by 2020
9
Change #4: Require food
scraps subscription from grocers
• Exemption if volume of organics
disposed of is less than
96 gallons/week
• Grocers have not expressed
reservations about starting
composting
Requires grocers to subscribe to compost collection service
by end of 2017
10
Service
Surcharge
Optional Single-
Family Yard
Trimmings
Grocer
Composting
0
5,000
10,000
15,000
20,000
25,000
Estimated Annual Tons Diverted by CRO Elements
* Restaurant composting and bundled single-
family organics in future will increase diversion
significantly (80% of goal)
Multi-Family &
Commercial
Recycling
0% of goal
1% of goal
25% of goal
1% of goal
11
Discussion: Phase-In for
Multi-family, Business Recycling
Phase-in Options for Remaining
1) 25% per year (2017-2020)
2) 40% by end of 2018, remainder by end of 2020
3) No phase-in
Currently: 49% of business, 70% of multi-family recycle
Staff recommendation: 40% by 2018
12
Ordinance # 109, 2016
Staff recommends adoption of Ordinance # 109, 2016
• Will return in one year to discuss organics collection options
• Allow haulers option of service surcharge to single-family customers
immediately
• Optional seasonal yard trimmings collection offered to
single-family customers by April 2017
• Require recycling service to multi-family and commercial locations by
2020
• Require grocers subscribe to food scraps collection by end of 2017
Back up slides
13
14
Increased Recycling or
Composting (tons)
Annual Greenhouse
Gas Impact (MTCO2E)
Estimated Monthly
Cost
Service surcharge to single-family
customers
Immediately
None None $3-4 / customer
Optional seasonal yard trimmings
collection to single-family homes
By April 2017
413
0.1% diversion rate
increase
minor
$13-15 /
subscriber
(optional)
Require recycling service to multi-
family and commercial locations
By 2020
15,000 tons
4.2 percentage point
diversion rate increase
-10,080
Potential additional
33% to 50% cost
(for those not
already recycling)
Require food scraps subscription
from grocers
By end of 2017
650 tons
0.6 percentage point
diversion rate increase
- 667
Variable –
Perhaps cost
neutral, perhaps
cost increase
Community Recycling Ordinance Elements
15
Presented at 10/13/15 Work Session Current Package
Single-Family
Trash / Recycling
(Pay-As-You-Throw)
• Price difference 80%
• Immediately
• Add service surcharge
• Immediately
Single-Family
Yard Trimmings
Collection
• Haulers offer yard trimmings
collection Apr-Nov, opt-in
• April 2017
Same
Multi-Family &
Commercial
Recycling
• Bundle recycling into trash service
• June 2017 (new cust. now)
• Require recycling with trash service
• 2020 (new cust. now)
Grocer Composting
• Require compost collection
• 2017
Same
Restaurant
Composting
• Require compost collection
• 2018
Suggested for consideration in the future
Single-Family Yard
Trimmings & Food
Scraps Collection
• Bundle yard trims and food scraps
collection into basic service
• 2018
Suggested for consideration in the future
16
Service
Surcharge
Optional Single-
Family Yard
Trimmings
Multi-Family &
Commercial
Recycling
Grocer
Compost
Restaurant
Composting
Year-Round
Single-Family
Food Scraps &
Yard Trimmings
0
5,000
10,000
15,000
20,000
25,000
Estimated Annual Tons Diverted by CRO Elements
Alignment of Project
17
Plan Fort Collins: Principles ENV 13, 14, 15, 17
Strategic Plan: 4.6, 4.11: Demonstrate progress toward achieving zero waste within
the community and the City organization
BFO metrics: ENV 7, 10, 12
City Council-Adopted Goals: zero waste by 2030
Community Recycling Ordinance project
18
19
NOT
Impacted
by CRO
40%
Impacted
by CRO
60%
Tons Landfilled in 2015
Residential
32% Industrial
40%
Commercial
28%
20
Projects to Achieve Road to Zero Waste Goals
Policy
Regional
Wasteshed
Planning
Long-term plan
Community
Recycling
Ordinance
Potential residential
and commercial
organics policy
Education
Ongoing education
to residents,
businesses
Potential volunteer
program for enhanced
outreach capability
Infrastructure
Timberline
Recycling Center
Compost facility /
transfer station?
21
RESIDENTIAL
Compostable= 58%
Recyclable = 20%
22
COMMERCIAL &
MULTI-FAMILY
-1-
ORDINANCE NO. 109, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN PROVISIONS OF THE CODE OF THE CITY OF
FORT COLLINS RELATED TO COLLECTION AND DISPOSAL OF REFUSE,
RUBBISH AND RECYCLABLES, AND SOLID WASTE COLLECTION
AND RECYCLING SERVICES, INCLUDING REPEALING AND
REENACTING CHAPTER 15, ARTICLE XV OF CITY CODE
WHEREAS, pursuant to Ordinance No. 116, 1990, the Fort Collins City Council repealed
and reenacted Chapter 15, Article XV of the Fort Collins City Code entitled “Solid Waste
Collection and Recycling Services” to establish curbside recycling service for each single-family
residential solid waste collection service customer within the City; and
WHEREAS, pursuant to Ordinance No. 058, 1995, the Fort Collins City Council
amended Chapter 15, Article XV of the Fort Collins City Code to establish a requirement of
volume based rates for the collection of solid waste (sometimes referred to as “pay as you throw”
or “PAYT”); and
WHEREAS, pursuant to Resolution 2013-111, the Fort Collins City Council adopted a
goal of diverting 75% of the community’s waste stream from disposal to reuse or recycling by
2020, 90% by 2025, and 100% by 2030; and
WHEREAS, implementing recycling at multi-family and commercial locations as well as
adding yard trimmings collection service for single-family residents were identified as primary
next steps in the goals set pursuant to Resolution 2013-111; and
WHEREAS, 75-91% of the respondents to the City’s 2011 Air Quality and Recycling
Survey agreed that businesses, multi-family homes and single-family homes should be required
to recycle and that yard waste collection service should be offered to single-family homes; and
WHEREAS public involvement was conducted during 2015 and 2016 at the request of
the City Council, to establish the new requirements set forth in this Ordinance; and
WHEREAS in 2015, 94% of single-family residential customers but only 70% of multi-
family complexes and 49% of business customers subscribed to recycling service; and
WHEREAS, in light of current recycling and economic conditions, the City’s
commitment to the community waste reduction goals, and public and industry input and
comment, the City Council has considered and desires to adopt further modifications of Chapter
15, Article XV to allow private solid waste collectors the option to apply a service surcharge on
residential trash and recycling bills, require private solid waste collectors to offer optional yard
trimming collection to single family customers from April through November as a separate, opt-
in fee, require private solid waste collectors to provide recycling service to businesses and
apartment complexes by 2020, and require licensed collectors providing food scraps collection
services to grocers to segregate and properly dispose of food scraps at a compost facility rather
than a landfill ; and
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WHEREAS, City Council has also considered and desires to adopt modifications of
Chapter 12, Article II of the City Code to require grocers to subscribe to compost collection
service by the end of 2017 and make other changes consistent with the modification of Chapter
15, Article XV; and
WHEREAS, City Council has determined that it is in the best interest of the citizens of
the City, in the protection of public health, safety, and welfare, to further amend Chapter 15,
Article XV as set forth in this ordinance to further promote the recycling of solid wastes for the
purpose of enhancing the recovery of valuable natural resources, extending the life the Larimer
County Landfill, and furthering the goals and objectives of the City with respect to the reduction
of waste and generation of greenhouse gasses.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 12-16 of Article II, Chapter 12 of the Code of the City of
Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby
amended by the deletion of the definitions for the following terms and addition of new
definitions for such terms, to read as follows:
At the curb, or curbside, shall have the same meaning as “curbside” set forth in §15-411
of this Code.
Container shall have the meaning set forth in §15-411 of this Code.
Food scraps shall have the meaning set forth in §15-411 of this Code.
Food store shall have the meaning set forth in §15-411 of this Code.
Qualified recycling facility shall have the meaning set forth in §15-411 of this Code.
Recyclable cardboard shall have the meaning set forth in §15-411 of this Code.
Section 3. That Section 12-18(a) of Article II, Chapter 12 of the Code of the City of
Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby
amended by the deletion of references therein to §§15-411 through 15-421 and the insertion of a
reference to §15-417 in lieu thereof.
Section 4. That Section 12-22(a) of Article II, Chapter 12 of the Code of the City of
Fort Collins, entitled Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby
amended by the deletion of reference therein to §15-413(e) and the insertion of a reference to
§15-416(b) in lieu thereof.
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Section 5. That Article II, Chapter 12 of the Code of the City of Fort Collins, entitled
Collection and Disposal of Refuse, Rubbish and Recyclables, is hereby amended by the addition
of a new Section 12-23, and the sequential renumber of existing Sections 12-23 through 12-26 is
hereby amended to Sections 12-24 through 12-27, with the new section 12-23 to read as follows:
Sec. 12-23. – Collection requirement – Food Store Food Scraps.
(a) Food stores – service requirement. Commencing on December 31, 2017, food stores
within the City that dispose of more than 96 gallons of food scraps per week shall subscribe to a
service for the collection of food scraps by a collector licensed to provide such services within
the City or shall obtain a variance in accordance with the following provisions:
(1) If a food store desires not to obtain food scraps collection services for any reason,
including space constraints, donation of all food scraps for human or animal
consumption, self-hauling of food store food scraps to a location or facility permitted by
the State of Colorado to accept such material (but not to a landfill), disposal of food
scraps via garbage disposal or other similar technology that processes food scraps for
disposal via waste water infrastructure, on-site composting or failure to generate food
scraps, the food store must submit a written request for variance on a form provided by
the City.
(2) Upon receipt of such a request for variance, the Director shall either approve the
variance for good cause shown or disapprove the variance. If the variance is approved,
the food store shall not be required to obtain food scraps collection services for a period
of twelve (12) months from the date of approval. If, after 12 months, the constraints on
which the variance was based still exist, the food store may submit a request for an
additional twelve (12) month variance.
(3) For purposes of this §12-23(a), “good cause shown” shall mean evidence
presented by the food store that, to the reasonable satisfaction of the Director of the
City’s Environmental Services Department, demonstrates that the customer lacks
sufficient space for food scraps containers, donates all food scraps for human or animal
consumption, self-hauls food scraps to a facility permitted by the State of Colorado to
accept such material (but not to a landfill) or disposes of food scraps via garbage disposal
or other similar technology that processes food scraps for disposal via waste water
infrastructure, or by on-site composting.
(b) Collection frequency. Food stores obtaining such food scraps collection services shall
require collection with such frequency as is necessary to present overflow of containers. Service
must be provided at least one per week, but no less frequently that may be required by the
Larimer County Department of Health and Environment.
(c) Disposal of food scraps. Except as permitted by a variance obtained in accordance with
§12-23(a) above, a food store located within the City shall not comingle food scraps with refuse
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or recyclable material or dispose of food scraps by any means other than at a location or facility
permitted by the State of Colorado to collect such material (but not to a landfill).
Section 6. That Chapter 15, Article XV of the Code of the City of Fort Collins is
hereby repealed in its entirety and a new Chapter 15, Article XV entitled Solid Waste Collection
and Recycling Services is hereby enacted to read in its entirety as follows:
ARTICLE XV.
SOLID WASTE COLLECTION AND RECYCLING SERVICES
Sec. 15-411. - Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this §15-411:
Basic service shall mean collection of solid waste and recyclable materials from a residential
customer by a collector.
Collector shall mean a person or entity providing collection service for solid waste and/or
recyclables and/or food scraps and/or yard trimmings.
Commercial customers shall mean any premises utilizing collection service where a commercial,
industrial or institutional enterprise is carried on, including, without limitation, retail
establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes,
clubs, churches and public facilities. Customers, other than residential customers, serviced using
any type of collection container, including without limitation poly-carts, dumpsters, or roll-off
bins, are considered commercial customers unless the service is provided for an active
construction or demolition project permitted by the City of Fort Collins building department.
Communal system for the collection of waste shall mean an arrangement for the collection of
waste from multiple properties or residences using collection containers shared by those
properties or residences.
Composting of food scraps shall mean the process of converting these materials into a nutrient-
rich soil amendment.
Container shall mean a refuse container as defined in §12-16, a poly-cart, disposable bags, bin-
type containers, carts or bulk-volume dumpsters or plastic receptacles, each of variable volume
capacities as defined in this Article, provided by a collector to a customer and used for the
collection of refuse, recyclable materials, food scraps or yard trimmings.
Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb, but
does not mean or permit placement on the sidewalk. If the curb and any sidewalk are of unitary
construction, the term means behind the sidewalk or on the street side of the curb so long as such
location does not impede bike, pedestrian, or car traffic and is not on an arterial street.
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Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside
location or within a dumpster site.
Director shall mean the Director of the City’s Environmental Services Department.
Dumpster shall mean a metal or plastic container 1 cubic yard to 10 cubic yards in volume that is
used to collect refuse or recyclables.
Electronic equipment shall mean any electronic device or electronic component as those terms
are defined in the Colorado Hazardous Waste Regulations, 6 Code of Colorado Regulations
1007-3, Section 260.10.
Existing customers shall mean customers with whom a collector has a written contract for
collection services or for whom a collector is providing collection services, but not recycling
services, as of December 31, 2016.
Feed animals shall mean to divert for use as animal feed, in accordance with regulations
established by Colorado Department of Public Health and Environment.
Feed hungry people shall mean donate extra food to food banks, soup kitchens, and shelters
and/or other methods of making extra food available for human consumption consistent with
state and local regulation.
Food scraps shall mean any animal- or vegetable- based staple foodstuffs, including food scraps
resulting from the preparation, cooking, and serving of food, unsaleable or outdated food, and
other compostable items such as food-soiled paper, provided that such materials have been
designated for collection by the City Manager pursuant to §15-416.
Food store shall mean a retail establishment or business located within the City in a permanent
building, operating year round, that is a full-line, self-service market and which sells a line of
staple foodstuffs, meats, produce, dairy products or other perishable items. "Food store" does
not include:
(a) temporary vending establishment for fruits, vegetables packaged meats and dairy
products;
(b) vendors at farmers' markets or other temporary events;
(c) businesses at which foodstuffs are an incidental part of the business. Food sales
will be considered to be "incidental" if such sales comprise no more than 2 percent (2%)
of the business' gross sales in the city as measured by the dollar value of food sales as a
percentage of the dollar value of total sales at any single location.
Group account shall mean a customer account for solid waste collection services that provides
for collection of waste from multiple residential customers, regardless of the method by which
such services are contracted or arranged. An account for service arranged by a single property
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owner for collection of solid waste from multiple locations owned by that property owner shall
not constitute a group account for the purposes of this Article.
Hierarchy for materials management shall mean the same as the definition for that term formally
adopted by the US Conference of Mayors in 2015 as follows: the prioritization of methods for
management of materials in the following order, from preferred use to least preferred: 1)
extended producer responsibility and product redesign; 2) reduce waste, toxicity, consumption,
and packaging; 3) repair, reuse, and donate; 4) recycle; 5) beneficial reuse; 6) waste-based
energy as disposal; 7) landfill as disposal.
Hierarchy of uses for food scraps shall mean the prioritization of methods for reducing or
disposing of food scraps in the following order, from preferred use to least preferred: 1) source
reduction of food scraps; 2) feed hungry people; 3) feed animals; 4) industrial uses; 5)
composting; 6) disposal in a landfill or incineration.
Industrial uses of food scraps shall mean to provide waste oils for rendering and fuel
conservation and food scraps for digestion to recover energy.
Landfill shall mean an area of land or excavation licensed by the State of Colorado to accept
waste for permanent disposal.
Large capacity container(s) shall mean a container with a volume capacity of more than 90
gallons but not more than 99 gallons.
Medium capacity container(s) shall mean a container with a volume capacity of more than 60
gallons but not more than 69 gallons.
Multi-family customers shall mean residential properties for which there is a communal system
for the collection of solid waste.
Poly-cart shall mean a durable, plastic, wheeled container with a hinged lid, manufactured and
used for the collection of refuse, recyclable materials, food store food scraps, or yard trimmings.
For multi-family or commercial customers, a dumpster or roll-off bin with aggregate volume of
multiple poly-carts shall be deemed to constitute one or more poly-carts.
Qualified recycling facility shall mean a facility that arranges for or causes the recovery of useful
materials from one (1) or more specified recyclable materials including items for reuse, and shall
be deemed to include only a facility that meets any federal or state standards that may be
established to regulate or designate such recycling facilities.
Recyclable cardboard shall mean corrugated cardboard, and shall include, but not be limited to,
materials used in packaging or storage containers that consist of three (3) or more layers of Kraft
paper material, at least one (1) of which is rippled or corrugated. Cardboard shall be considered
recyclable cardboard regardless of whether it has glue, staples or tape affixed, but not if it is
permanently attached to other packing material or a nonpaper liner, waxed cardboard or
cardboard contaminated with oil, paint, blood or other organic material.
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Recyclable materials shall mean materials which have been separated from solid waste and can
be recovered as useful materials and are properly prepared for the purpose of recycling, provided
that such materials have been designated by the City Manager as recyclable pursuant to §15-414
of this Article.
Recycling shall mean the process of recovering useful materials from solid waste, including
items for reuse.
Recycling collector shall mean a person or entity providing recyclable collection services.
Refuse shall have the meaning set forth in §12-16 of this Code.
Residential customer shall mean a customer at a residential property for which a communal
system for the collection of waste is not employed.
Roll-off bin shall mean an open-top or gable-top metal container used to collect refuse or
recycling that is 10 cubic yards or greater in capacity.
Service shall mean collecting, transporting or disposing of solid waste, recyclable materials, food
store food scraps or yard trimmings for consideration.
Small capacity container(s) shall mean a container with a volume capacity of more than 30 but
not more than 39 gallons.
Solid waste shall mean all refuse, putrescible and nonputrescible waste, excluding discarded or
abandoned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or other
sludge, discarded home or industrial appliances, hazardous wastes, materials used as fertilizers or
for other productive purposes and recyclable materials which have been source separated for
collection.
Solid waste collector shall mean the person who provides solid waste collection service on a
regular, recurring schedule.
Source reduction of food scraps shall mean reduction of the volume of surplus food generated
and disposed of.
Source separation shall mean to separate solid waste, recyclable materials, food scraps and yard
trimmings at the waste source.
Volume capacity category of containers shall mean small capacity containers, medium capacity
containers, or large capacity containers placed for collection of solid waste, recyclable materials,
food scraps or yard trimmings.
Yard trimmings shall mean yard clippings, wood, branches, leaves, and twigs as designated for
collection by City Manager pursuant to §15-416.
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Sec. 15-412. - License requirement.
(a) License required. No person shall operate as a collector within the corporate limits of the
City without first obtaining a collection license for such activity pursuant to §15-417.
(b) Exemptions. The following persons or entities are not required to obtain a solid waste or
recyclable 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, recyclable
materials, yard trimmings or food scraps left by a tenant upon such owner's property, so
long as such property owner does not provide 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, construction or landscape work being
performed by such person.
(c) Volume-based rates for solid waste service.
(1) Any person licensed to operate as a 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 category of the solid
waste containers placed for collection by each residential customer. Collectors shall
determine a rate for, and offer to residential customers, the small capacity container solid
waste service, and that rate shall be used to determine the rates for all other service levels.
Said charges shall be based upon the solid waste container size, rather than the volume of
solid waste actually deposited within such containers by the residential customers. The
charge for additional solid waste containers of the same volume capacity category shall
be no less than one hundred (100) percent of the charge for the first such container. The
charge for solid waste volumes in excess of a customer’s service subscription level
(based on volume capacity category) shall be proportional by volume to the collector's
standard rate for a small capacity 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 collector shall provide to each
residential customer containers (which may include disposable bags), or labels to be
attached to customer-provided disposable bags, showing the volume capacity category of
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such bags, 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 volume capacity category
container sizes and levels of service offered by the collector. In the case of a group
account, the solid waste collector shall require a written contract confirming compliance
with the provisions of this Article.
(3) In offering or arranging for services, a collector shall provide reasonable notice of
the full range of volume capacity category container sizes or levels of service offered by
the collector, and shall provide to each residential customer that customer's requested
volume capacity category container size or level of service.
(4) It shall be unlawful for any person to knowingly attach any label to a container
exceeding in volume the volume capacity category shown on, or represented by, such
label, and to place said container for collection.
(5) No collector shall collect or transport solid waste, recyclables, food scraps or yard
trimmings which have not been placed for collection through such system or in
containers upon which such labels have been attached.
(6) The provisions of this §15-412(c) shall not be construed as prohibiting any
collector from also establishing rules and regulations regarding the maximum weight 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 (1) time offset by a low volume at another time.
(d) Fixed fees for prepaid disposable bags or labels for solid waste service.
(1) Where prepaid disposable bags or prepaid labels for customer-provided
disposable bags (rather than reusable containers) are provided by a collector to its
customers for solid waste collection services, solid waste collectors may, but are not
required to, charge a fixed fee for the purpose of covering the fixed operational costs of
routing service trucks for such collections in addition to the volume based rates for the
prepaid bags or labels under §15-412(c) above.
(2) If a solid waste collector elects to charge such fixed fee, said fee shall not exceed
seventy-five (75) percent of the monthly volume-based rate charged for one (1) small
capacity container per week.
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(3) 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.
(e) Service surcharge for solid waste service.
(1) In addition to the volume-based rates required pursuant to §15-412(c) above and
any fixed fees permitted under §15-412(d) above for collection of prepaid disposable
bags or prepaid labels for customer-provided disposable bags, collectors may, but are not
required to, charge a service surcharge to residential customers. A service surcharge may
be imposed only to cover fluctuating operational costs of doing business outside of a
collector’s control (such as, for example, fuel costs or market based recycling fees paid
by collectors). A service surcharge shall be permitted and charged only as set forth in this
§15-412(e).
(2) If a collector elects to charge such service surcharge, said surcharge shall not
exceed twenty-five (25) percent of the monthly volume-based rate charged for one (1)
small capacity container per week.
(3) In the event that a collector elects to establish a service surcharge, all bills for
services provided by such collector to residential customers shall clearly show both the
service surcharge and the volume-based rate. Additionally, in the event that a collector
elects to establish a service surcharge, such collector shall, on or before January 1 of each
ensuing year, deliver to the Director a true and correct copy of such rate schedule.
(f) Refusal due to recyclable materials. In the event that a collector refuses to collect any
solid waste container because it contains materials required to be recycled under §12-22, the
collector shall not be required under this §15-412 to credit the customer for such refused
container. A collector shall not collect materials required to be recycled under §12-22 comingled
in a solid waste container, except that, with respect to recyclable cardboard, a collector may, but
shall not be obligated to, accept any solid waste container that has reasonably been determined,
based upon visual inspection, to contain no more than twenty-five (25) percent recyclable
cardboard by volume.
(g) Subcontractors or agents. 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.
Sec. 15-413. - Recycling requirement.
(a) Curbside/on-site collection - Residential.
(1) 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 and without additional charge other than a service surcharge under
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§15-412(e), the collection at curbside of both solid waste and recyclable materials.
Charges for such basic service provided to each residential customer shall include
recyclable materials in a minimum amount equal to at least eighteen (18) gallons and
need not be more than two large volume capacity containers. No collector shall be
permitted to divide or diminish charges for the provision of such basic service at the
request of such customer or for any other reason.
(2) All collectors providing solid waste collection services to residential customers
shall provide curbside recycling collection services at least once per week 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 residential customers located within mobile home
parks. After a collector has offered and made available to its residential customers
medium and/or large capacity containers for recycling, said collector may modify its
recycling collection schedule to a minimum of two collections per month 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 residential customer. When a residential
customer has two large capacity containers for recycling collection, collectors may
require that all recyclable materials fit inside the container provided to a residential
customer.
(b) On-site collection - Multi-Family and Commercial.
(1) Each solid waste collector licensed by the City shall, upon request, provide to
each multi-family and commercial customer (and other customers receiving solid waste
collection services through a communal system of waste collection) as a part of any solid
waste collection services provided by such solid waste collector, the collection of
recyclable materials. Such collector shall be permitted to impose an additional charge to
multi-family and commercial customers (and other customers receiving solid waste
collection services through a communal system of waste collection) for the collection of
recyclable materials.
(2) The amount of recyclable materials collection that shall be provided to each
multi-family and commercial customer as a part of such basic services shall be not less
than one-third (1/3) of the total collection volume (including both solid waste and
recyclables) for such customer based on the size of solid waste containers provided to
such customer and the service frequency (“minimum recycling service”). For example, if
such a customer is provided with pick-up of a 4-cubic-yard trash container that is
collected once per week, the collector shall also provide minimum recycling service in an
amount equal to not less than a 2-cubic-yard recycling container as a part of such basic
services (2 cubic yards is one-third (1/3) of the total service volume (including both solid
waste and recyclables) of 6 cubic yards).
(3) Commencing January 1, 2017, each solid waste collector licensed by the City
shall provide to new and existing multi-family and commercial customers (and other
customers receiving solid waste collection services through a communal system of waste
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collection) as a part of any solid waste collection services provided by such collector, the
minimum recycling service calculated under §15-413(b)(2) in accordance with the
schedule set forth in this §15-413(b)(3). Each solid waste collector licensed by the City
must add minimum recycling service to the solid waste collection service provided to
existing multi-family and commercial customers not receiving recycling service as of
December 31, 2016 (“unserved multi-family and commercial customers”) in accordance
with the following schedule:
a. by December 31, 2017, _____ percent (___%) of its unserved multi-
family and commercial customers;
b. by December 31, 2018, _____ percent (___%) of its unserved multi-family
and commercial customers; and
c. by December 31, 2019 _____ percent (___%) of its unserved multi-family
and commercial customers; and
d. by December 31, 2020 ________one hundred percent (100%) of its
unserved multi-family and commercial customers.
Thereafter, the cost for minimum recycling service must be billed in addition to the cost
of solid waste collection service for all multi-family and commercial customers. The
charge for both such services may be itemized separately for billing purposes, but shall
not be reduced to exclude the cost of minimum recycling service unless a variance is
granted in accordance with this §15-413(b)(3).
A variance may be granted by the City in accordance with the following provisions:
(i) If a collector's multi-family or commercial customer declines to participate
in minimum recycling collection services offered by a collector due to space
constraints, self-hauling recyclables to recycling drop-off center, utilization of a
separate licensed recycling collection provider other than the solid waste
collector, failure to generate recyclables, or if only available location for recycling
bin is not safely serviceable by hauler, the customer must submit a written request
for variance on a form provided by the City and signed by the customer. A
recycling bin location that is not safely serviceable is defined as a location that is
substantially less safe to service than the trash bin service area for that location.
Upon receipt of such a request for variance, the Director shall either approve the
variance for good cause shown, or disapprove the variance. A copy of the
approved or disapproved variance shall be sent by the City to the solid waste
collector servicing that customer.
(ii) For purposes of this §15-413(b)(3) "good cause shown" shall mean
evidence presented by the customer that, to the reasonable satisfaction of the
Director, demonstrates that the customer lacks sufficient space for recycling
containers, self-hauls recyclables to a drop-off recycling center, utilizes a separate
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licensed recycling collector, generates recyclables in an amount less than one-
third (1/3) of the customer’s total solid waste and recyclables, or the only
available location to service recycling bin(s) is substantially less safe to service
than the trash bin service area for that location and therefore is deemed unsafe to
service.
(iii) If a variance is granted for a customer not generating recycling of at least
one third (1/3) of the volume of waste generated, but the customer generates at
least 96 gallons of recyclables per week, the variance will require that recycling
service in the volume of recycling the customer generates be included as a part of
solid waste collection services.
(iv) If a variance is approved in accordance with the foregoing provisions, the
collector shall not be required to provide such recycling services to such multi-
family or commercial customer for the five (5) year period following approval of
the variance, except as otherwise provided by the Code. If, after the five (5) year
period, the constraints on which the variance was based still exist, the customer
may submit a request for an additional five (5) year variance, except as otherwise
provided by the Code.
(v) If the variance is not approved, the collector shall be required to provide
minimum recycling services, in addition to solid waste collection, and charge the
customer for the minimum required volume of recycling services as set forth
herein.
(4) Collectors providing collection services to multi-family and/or commercial
customers shall provide services for the collection of recyclable materials from such
customers with such frequency as is necessary to prevent overflow of the recycling
containers.
(5) Collectors shall provide each multi-family and commercial customer with
educational guidelines for recycling and signage for use inside its facilities, which
guidelines and signage may be designed and provided by the collector and approved by
the City or the collector may utilize City-provided guidelines and signage for this
purpose.
(c) Collection of recyclable materials; duties of collectors. All licensed collectors of
recyclable materials and solid waste operating within the City shall have the following duties:
(1) Except for materials that customers have not properly prepared for recycling,
collectors may not commingle designated recyclable 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 pursuant to §15-416 as materials which collectors must offer to collect for
recycling.
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(2) Collectors shall provide to each residential solid waste customer who utilizes
recycling services within the City a container for storing and setting out recyclable
materials meeting the requirements of this §15-413(c), clearly marked as a recyclables
container with words or symbols or both. Collectors must annually offer each residential
recycling customer, in writing, a choice of a medium capacity or large capacity recycling
container. The collector must provide the requested container 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 containers, not to exceed the
actual cost of the container. The collector must provide a container for recycling to all
residential recycling customers except those customers who expressly decline a
container, and must provide a container to any customer at any time upon request within
one (1) billing period after the request is made. Collectors shall provide recycling
containers to multi-family and commercial customers (in the form of containers,
dumpsters, or roll-off bins as deemed appropriate for servicing the location) and with a
capacity sufficient to meet one-third (1/3) of service as recycling volume requirement.
Regardless of the type of container, it must be clearly identifiable as a recycling container
and include a conspicuous chasing arrows decal on the side(s) of the container accessed
by service or pedestrian access, as well as signage such as stickers or weather-resistant
laminated posters or imprinting into the surface of the container during manufacture, of
recyclable materials accepted in local collection programs, including graphics depicting
acceptable materials; such information may be delivered by use of City-provided
graphics or graphics provided by the collector and approved by the City.
(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) 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 materials placed for collection.
(5) 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.
(d) Customer notification.
(1) Upon the initial provision of collection services to new residential customers, and
on or before December 31 of each year with respect to existing residential customers,
collectors shall notify in writing such customers of:
a. the availability of the collection of recyclable materials,
-15-
b. the range of recycling containers available,
c. the materials designated for recycling collection pursuant to §15-416; and
d. such rules and regulations as have been established by the collector for the orderly
collection of recyclable materials as authorized pursuant to §15-413(b)(2).
e. the variable-rate solid waste collection service options offered by the solid waste
collector,
f. the related volume-based rates and service surcharges, and
g. the availability of optional collection service for residential yard trimmings under
§15-414.
In addition, such notice shall include educational guidelines and information regarding
solid waste, recycling and yard trimmings provided by the City to the collectors in
electronic or printed form not later than December 31 of each year. Collectors must
provide notice in paper form to all customers receiving a paper bill or paper service
calendar. Collectors may provide notice electronically to customers receiving only
electronic communications.
(2) 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 §12-19(b).
(3) 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.
(4) The collector shall deliver to the Director a true and correct copy of each form of
such notification sent on or before December 31 of each year.
Sec. 15-414. – Optional service – residential yard trimmings.
(a) Residential service required. As of April 1, 2017, each solid waste collector licensed by
the City shall make available to each residential customer receiving solid waste collection
services, including customers receiving solid waste collection services through a group account,
curbside collection of residential yard trimmings at least once per week from April to November
of each year upon a customer’s request.
(b) Rates. Collectors shall be responsible for setting rates for collection of residential yard
trimmings and such charges may be billed separately from any charges for basic services, as
defined in §15-411 to include collection of solid waste and recyclable materials, provided by the
collector, and shall not be governed by the requirements of §15-412(c).
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(c) Disposal of yard trimmings. Collectors may not comingle yard trimmings with refuse or
recyclable materials, nor dispose of yard trimmings at a landfill. Yard trimmings shall be
disposed of by the collector at a location or facility permitted to collect organic materials for
recycling, reuse or composting.
Sec. 15-415. – Collection of food store food scraps.
(a) Frequency of Collection. Collectors providing food scraps collection service to food
stores shall provide collection with such frequency as is necessary to present overflow of
containers. Service must be provided at least one per week, but no less frequently that may be
required by the Larimer County Department of Health and Environment.
(b) Collectors – duties. All licensed collectors of food scraps operating within the City shall
have the following duties:
(1) Except as permitted by variance allowed under §12-23(a), collectors may not
comingle food scraps with refuse or recyclable material or dispose of food scraps by any
means other than at a location or facility permitted by the State of Colorado to collect
such material (but not to a landfill).
(2) A collector may establish such reasonable and industry-accepted requirements for
the preparation of food scraps as are necessary to provide for the orderly collection of
such materials, including requirements regarding the preparation of materials for
collection, the collection of materials, and requirements for separation.
(3) All food scraps placed for collection shall be owned by and be the responsibility
of the food store 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 food
store or the collector of food scraps shall take physical possession of any such materials
placed for collection.
Sec. 15-416. - Designation of recyclable materials, food scraps, and yard trimmings for
collection.
(a) The City Manager shall, on or before the 1st day of October of each year, after
consultation with the Larimer County Board of Commissioners, the Natural Resources Advisory
Board and representatives of the licensed collectors operating within the City, determine which
items (including recyclables, food scraps, and yard trimmings) shall be designated for collection
based upon the following criteria:
(1) Local, state and federal laws and regulations, including, but not limited to, the
requirements of this Article;
(2) Potential for waste stream reduction;
(3) Availability of markets;
-17-
(4) Market price;
(5) Safety factors and risks of transportation;
(6) Risks of comingling of liquid wastes; and
(7) Adherence to the hierarchy of materials management and hierarchy of uses of
foods scraps.
(b) Notwithstanding the foregoing, collection for recycling of electronic equipment 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, but instead shall deliver any
collected electronic equipment for recycling at a qualified recycling facility for electronic
equipment.
(c) The City Manager is authorized to promulgate such rules and regulations as are necessary
to effectuate the implementation and enforcement of this Article.
Sec. 15-417. - Application for license.
(a) Any person desiring to obtain a license to engage in the business of being a collector of
solid waste, recyclable materials, food scraps, or yard trimmings within the City 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;
(3) A list of vehicles owned and/or operated by the applicant directly in the collection
of solid waste, recyclables, food scraps, and/or yard trimmings, or operated or located at
any time in the City 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 §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 containers provided for
solid waste collection and those provided for curbside recycling and of the availability of
seasonal yard trimmings collection service. In addition, the description shall provide
sufficient detail to allow the Financial Officer to determine the means by which volume-
-18-
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-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
§15-417, 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.
Sec. 15-418. - 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 vehicle required
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.
(3) Proof that each vehicle required to be identified under §15-415(a) has been
registered with the U.S. Department of Transportation.
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Sec. 15-419. - Term of license.
All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day
of December of the year in which such license is issued. All licenses shall expire on December
31 of each year. Licenses are not transferable.
Sec. 15-420. - 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 by November 30 of each year, the following:
(1) The specific manner in which trash collection, recycling services and collection of
food scraps and yard trimmings 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;
(2) A description of any system used to impose and verify charges for volumes in
excess of customer subscription levels;
(3) The number of individual residential, multi-family and commercial customers,
and any other customer category, who received 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;
(4) The number of customers within each category that subscribe to each level of
solid waste, recycling, yard trimmings, or food scrap collection services, and the number
of containers provided to residential customers, by size ;
(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 §15-420 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 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, including contracts for
-20-
group accounts, written records of individual level of service requests, invoices, route sheets or
other records necessary to verify the accuracy and completeness of such records, and copies of
all applications for and documentation pertaining to all requests for variance pursuant to §15-
413(b)(3) above. 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 §15-
420(d) 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 the City from all residential, multi-
family and commercial customers, and any other customer category, reported by category
of customer. The weight of solid waste collected shall be documented and verified based
on actual load weight measurements.
(2) Number of tons of each type (as determined by the City Manager pursuant to §15-
416) of recyclables collected from all residential, commercial and multi-family , and any
other customer category, reported by category of customer.
(3) Number of tons of food scraps collected in the City from any customer category,
reported by category of customer.
(4) Number of tons of yard trimmings collected in the City from any customer
category, including group accounts, reported by category of customer.
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 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.
Sec. 15-421. - Disposal of solid waste.
All persons holding licenses pursuant to this Article as a collector of solid waste shall dispose of
all such refuse and solid waste at the Larimer County Landfill or at any other disposal site that is
-21-
approved by any state. No solid waste shall be disposed of at any other location either inside or
outside of the City.
Sec. 15-422. - Identification of vehicles.
Each vehicle used by a collector to provide services within the City pursuant to a licensed issued
under this Article shall bear an identification sticker issued by the Financial Officer in a
conspicuous place upon the vehicle, which identification sticker shall be issued by the Financial
Officer at the time the license is granted.
Sec. 15-423. - Hours of operation.
No collector shall operate any vehicle for the purpose of collecting solid waste, recyclables, food
scraps, or yard trimmings on any street designated by the City as "local residential" or
"residential collector" between the hours of 7:00 p.m. and 7:00 a.m. (the "Nighttime Hours").
Sec. 15-424. - Investigation of reports, records and other items relating to compliance with
this article.
For the purpose of ascertaining the correctness of any reports, plans or other documents
submitted or required to be prepared and maintained by a licensed collector pursuant to this
Article XV, or for the purpose of determining compliance with any requirements of this Article
XV of any person, whether or not the same is licensed under this Article XV, the City Manager
may hold investigations, including audits, and hearings concerning any matters covered by this
Article, and may examine any relevant books, papers, records or memoranda of any such person
and may require the attendance of such person, or any officer or employee of such person, or of
any person having knowledge of transactions involved, and may take testimony and proof of the
information. The City Manager shall have the power to administer oaths to such persons. Except
for routine or random audits, any such investigation shall be based upon reasonable suspicion of
a violation as determined by the City Manager. The City Manager shall provide advance notice
to the affected collector of his or her intent to conduct an investigation under this §15-424, unless
the City Manager determines that provision of such notice may compromise the purpose of the
investigation.
Sec. 15-425. - Subpoenas and witness fees.
All subpoenas issued under the terms of this Article may be served by any person over the age of
eighteen (18) years. The fees of witnesses for attendance in response to a subpoena shall be the
same as the fees of witnesses before the District Court, such fees to be paid when the witness is
excused from further attendance. When the witness is subpoenaed at the instance of the City
Manager, such fees shall be paid by the City, but when a witness is subpoenaed at the instance of
any other party to such proceeding, the City Manager may require that the cost of service of the
subpoena and the fee of the witness be borne by the party at whose instance the witness is
summoned. In such case, the City Manager, in his or her discretion, may require a deposit to
cover the cost of such service and witness fees prior to issuing such subpoenas. A subpoena
-22-
issued as aforesaid shall be served in the same manner as a subpoena issued through a court of
record.
Sec. 15-426. - Attendance of witnesses and production of evidence to be compelled by
municipal or district judge.
Any Judge of the Municipal Court or the District Court, upon the application of the City
Manager, may compel the attendance of witnesses, the production of books, papers, records or
memoranda and the giving of testimony before the City Manager, by an action for contempt or
otherwise in the same manner as the production of evidence may be compelled before such court.
Sec. 15-427. - Depositions.
The City Manager, or any party to an investigation or hearing before the City Manager, may
cause the deposition of witnesses residing within or without the State to be taken in the manner
prescribed by law for depositions in civil actions in courts of this State and to that end compel
the attendance of witnesses and the production of books, papers, records or memoranda.
Sec. 15-428. - Suspension or revocation of license.
The City Manager may, after written notice of no less than ten (10) days and an opportunity for a
hearing if requested by the licensee within twenty (20) days of such notice, suspend or revoke
any license issued under this Article as he or she determines reasonably appropriate upon a
finding that the licensee has failed to comply with any provision of this Article or has violated
other applicable laws intended to protect public health, safety or the environment. No period of
suspension shall exceed six (6) months in duration. In the event of a revocation of a license, the
City Manager may further declare such licensee ineligible for licensure under this Article for a
period of up to one (1) year from the date of revocation, if he or she reasonably determines that
the circumstances so warrant. In lieu of suspension or revocation of a license under this §15-428,
or as a condition of future eligibility for licensure, if a licensee is declared ineligible for the
same, the City Manager may establish reasonable terms and conditions for continuation of a
license or such future eligibility. A license shall be subject to immediate suspension in the event
of violation of any such terms and conditions for continuation of a license.
Sec. 15-429. - Notices.
All written notices required to be mailed, served or given to any person under the provisions of
this Article shall be hand delivered or mailed, postage prepaid, addressed to such person at the
last known address of such person on file with the City and shall be deemed to have been
received by such person when so mailed or delivered.
Sec. 15-430. - Review of decisions of the city manager.
The licensed collector or other person subject to final action of the City Manager under this
Article may apply for review of such action in the Larimer County District Court in accordance
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with Rule 106 of the Colorado Rules of Civil Procedure. The review must be sought no later than
thirty (30) days after the date of the decision to be reviewed.
Sec. 15-431. - Violations.
It shall be unlawful for any person to:
(1) Fail or refuse to make or file any record, report, application or other document required to
be made or filed by this Article or to make any false or fraudulent record or report or any false or
fraudulent statement in any such document;
(2) Operate as a collector within the corporate limits of the City without the license required
by this Article or to continue to do business during a period of suspension of such license or after
such license is revoked; or
(3) Aid or abet another in any attempt to evade any requirements imposed by this Article.
Sec. 15-432. - Other remedies unaffected.
Nothing in this Article shall be construed to limit or forbid the City or any other person from
pursuing any other remedies available at law or in equity to enforce the provisions of this Article,
including, without limitation, the prosecution of violations of this Article pursuant to §1-15 of
this Code.
Introduced, considered favorably on first reading, and ordered published this 6th day of
September, A.D. 2016, and to be presented for final passage on the 20th day of September, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
-24-
Passed and adopted on final reading on the 20th day of September, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
o New customers must comply
with requirement immediately
upon adoption
Grocer Composting
x Require grocers have compost
collection
x Implementation: 2017
x Require grocers have compost
collection
x Implementation: 2017
Restaurant
Composting
x Require restaurants have
compost collection
x Implementation: 2018
Suggested for consideration in the
future
Single-Family Yard
Trimmings & Food
Scraps Collection
x Bundle yard trimmings and food
scraps collection into basic
residential service
x Implementation: 2018
Suggested for consideration in the
future
970-221-6835
dcunningham@fcgov.com
*~Gallegos BeccaWalkinshaw 970-484-5556 greenqueen@gsiwaste.com
*^Goodwill Steve Dirling 303-412-4999 sdirling@goodwilldenver.org
Hageman Earth Cycle
3501 E. Prospect Rd.
Office
Roger Hageman
970-221-7173
970-566-1918
Call for phone pole recycling
Interstate Battery, 300 Willow St Customer Service 970-484-1307
IT, 215 N. Mason, 3rd floor Help Desk 970-221-6791 helpdesk@fcgov.com Delivery: go to IT’s front desk
^~JACO Product Recovery
Services
Amanda McLeod 970-612-2930
x2091
Call to get a bin and set up service
Larimer County Landfill HW Customer Service 970-498-5773 24 hour info line: 970-498-5770
Loomis Warehouse, 518 Loomis Joe Cruz 970-224-6014 mcruz@fcgov.com
Northern Colorado Carpets
5837 S. College Ave
Derek Krasuski 970-226-6800 Derek@shopncc.com
Recycling bins at South side of building
Operation Services Jim Pierce 970-221-6592 jipierce@fcgov.com
Recycle That, drop-off bins Don Tiller 970-493-0230 x105 don.tiller@recyclethat.com (Bin: City Recycling Facility)
~RMB, 1475 N. College Dean Hoag 970-484-5384 dean@rmbrecycling.com
*^Urban Mattress Kelly Henderson 970-286-2662 kelly.h@urbanmattress.com
Waste-Not Recycling John Newman 970-669-9912 jnewman@waste-not.com
6
Found Furniture (chairs, tables, lamps, desks, etc.)- Good
Condition: thrift store, Poor Condition: landfill except for metal
*^Mattresses- Urban Mattress ($5/item)
Styrofoam-Packing Peanuts: mail service centers (Location
Hotline #800-828-2214), #6 white block foam: Eco-Cycle
Toilet, Sink, Tile, Plates (porcelain items)- City Crushing
Facility (remove metal & plastic before recycling)
Workout Equipment- RMB
Wood
Lumber, Pressboard, Particle Board, Plywood, OSB (can’t be
painted or treated)- 700 Wood St. (Wood Recycling Bin)
^Phone Poles- Hageman (good condition)
Treated or Painted Wood- Landfill
Wood Branches, Mulch & Trees- City Crushing Facility
Wood Pallets- RMB (can request pickup)
Wood Spools- чϲĨƚĚŝĂŵĞƚĞƌ͗700 Wood St. (Wood Recycling
Bin), ш6 ft diameter: BargainBox on CityNet or trash
Shop Items
Aerosol Cans (empty & plastic tops removed)- RMB, Fleet, or
single-stream recycling bin
Chemicals & Pesticides- Cleaning Products: rinse 3x & recycle,
Empty Pesticides: trash, ^*Usable & Unusable Products:
Larimer County’s Business Hazardous Waste Program,
(questions contact: Errin Henggeler)
City Clothing (cover up logos if required by department)-
Goodwill or thrift stores
Fabric (household textiles, clean rags, clothing, & shoes)-
Recycle That or thrift stores
Lost & Found- thrift stores
Paint- Empty Container: recycle metal with RMB, 5-gallon
plastic buckets reuse or post on BargainBox on CityNet.
*^Usable & Unusable Paint: Larimer County’s Business
Hazardous Waste Program
^Shrink Wrap- 700 Wood Warehouse (to get a collection bin
contact: Jim Pierce)
5
properties in Pay-As-You-Throw (24)
x Keep the price of services low (15)
x Supportive of materials ban (12)
x Continue improving the current system (10)
x Do not like any of the options (8)
x Implement some of the proposed options sooner
(4)
Community Room
Public Events
ͻ CSU Lagoon Concert
Series
ͻ Every Wednesday July
1 - Aug. 5, 2015
ͻ Larimer County
Farmers' Market
ͻ September 12, 2015
ͻ Sustainable Living Fair
ͻ Sept. 12, 13, 2015
ͻ CSU International
Women's Welcome
ͻ September 1, 2015
Online & Mobile
Activities
ͻ Project website with
related documents
ͻOnline questionnaire
ͻ Nearly 250 responses
ͻ 4 min YouTube video
about project
ͻ Over 250 views
ͻ Facebook, Twitter,
Nextdoor posts
ͻ Videos from public
meetings
Broadcast Outreach
ͻ Project email list
ͻ 600+ subscribed
ͻ Newsletters
ͻ Postcards handed out
ͻ Flyers posted in
community
ͻ Press releases
ͻ News articles
ͻ Utility bill mailer (City
News)
ͻfcgov.com
ATTACHMENT 3
Recycling bins must be labeled with the chasing arrows symbol
and a graphics-based guidelines sticker. Can use City-provided
materials or hauler-provided materials that are approved by City.
§15-413(c)(2)
Ensures users can identify recycling bin vs trash bin,
no matter the language the user speaks. City will
create and fund the guidelines decals.
Minimum service level provided by haulers is 96
gallons / week, and is consistent with minimum
generation requirements for commercial / multi-
family recycling
12-month variance available for:
x Self-hauling
x Space constraints
x Using garbage disposal-type equipment
x Donating all food scraps for human or animal consumption
x Composts on-site
x Doesn’t generate food scraps
§12-23(a)(1)
Outlines exceptions to the ordinance
Must be collected frequently enough to avoid overflow and must
be composted (not landfilled)
§15-415(a) and 12-23(c)
Clarifies appropriate service frequency and uses for
food scraps collected
ATTACHMENT 2
o -223 tons
o 0.1% of
reductions
needed to meet
2020 CAP goal
$13-15 / subscriber
(optional)
Allows customers who
are ready to start
composting yard
trimmings to participate
no matter which hauler
they choose.
Require grocers to
have compost
collection
o 650 tons
o 0.6 percentage point
diversion rate increase
o 1% of tons needed for
2020 goal
o -667 tons
o 0.3 % of
reductions
needed to meet
2020 CAP goal
Variable All grocers except
Safeway, Target,
Albertsons, Beaver’s
already have compost
collection
For future
consideration:
Collect all-organics
from all single-
family homes year-
round (bundled)
o 23,700 tons
o 6.6 percentage point
diversion rate increase
o (39% of tons needed for
2020 goal)
o -19,143 tons
o 7.7 % of
reductions
needed to meet
2020 CAP goal
$8 / household Includes yard trimmings,
food scraps, paper
towels etc. Bundled with
trash and recycling
service.
For future
consideration:
Require food scraps
subscription from
restaurants
o 24,500 tons
o 6.8 percentage point
diversion rate increase
o (41% of tons needed for
2020 goal)
o -25,126 tons
o 10.1% of
reductions
needed to meet
2020 CAP goal
Variable Costs for service will
decrease with more
customer density for
haulers.