HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/28/2016 - COMMUNITY RECYCLING ORDINANCEDATE:
STAFF:
June 28, 2016
Caroline Mitchell, Environmental Planner
Jeff Mihelich, Deputy City Manager
Jackie Kozak-Thiel, Chief Sustainabillity Officer
Lucinda Smith, Environmental Sustainability Director
Susie Gordon, Senior Environmental Planner
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Community Recycling Ordinance.
EXECUTIVE SUMMARY
The purpose of this item is to provide additional information and seek feedback from Council regarding specific
aspects of the Community Recycling Ordinance, which was discussed by Council at its work sessions on January
26, 2016 and October 13, 2015. The topics for discussion will be:
Allowance of a service surcharge for haulers to apply to customers’ bills
Percentage price difference (“incline rate”) between sizes of trash cans in single-family trash
Combined package of proposed elements for Community Recycling Ordinance
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does Council have feedback regarding the:
1. Allowance of service surcharge on bills?
2. Lower price differential between trash cart sizes?
3. Overall package of Community Recycling Ordinance elements?
BACKGROUND / DISCUSSION
In 2013, Fort Collins City Council adopted a goal of recycling or composting 75% of the material generated by the
community by 2020, and zero waste by 2030. As an implementation step to these goals as well as Climate Action
Plan goals, City staff initiated the Community Recycling Ordinance project in June 2015, with substantial outreach
to the community and stakeholders, including working closely with Fort Collins’ trash haulers. Staff discussed the
Community Recycling Ordinance with City Council at a work session on October 13, 2015 and on January 26,
2016.
Staff has calculated the 2015 Community Diversion Rate, which includes material generated by residents,
businesses, and industrial activities in Fort Collins, to be 58%. This is decreased from the 2014 Community
Diversion Rate of 69%. The 2014 diversion rate was acknowledged to be unusually high due to the vast amount
of material recycled from the Woodward and Foothills Mall projects in one year. The diversion rate for businesses
and residents combined has stayed relatively stable at 33% in 2015, down slightly from 34% in 2014.
Progress since Work Session on 1/26/16
At the January 26 Work Session, staff received direction to find consensus with Fort Collins trash haulers with
respect to several specific proposed changes.
City executive leadership met with each trash hauler regarding the City’s zero waste goal and each hauler
confirmed their support of that goal. Staff subsequently met numerous times with haulers’ representatives to
June 28, 2016 Page 2
arrive at a consensus package of elements for the Community Recycling Ordinance. That consensus package is
contained in these materials. A summary of changes to the proposed elements are summarized in Attachment 1.
Impacts of the proposed elements on the diversion goals and greenhouse gas reduction goals are summarized in
Attachment 2.
Staff is seeking additional feedback from City Council regarding the following updated package of elements for
the Community Recycling Ordinance.
1. Allowance of a service surcharge on customers’ bills
This proposal allows haulers to apply an optional a service surcharge up to 25% of the cost of the smallest trash
cart. The service surcharge would allow haulers to recuperate variable costs outside their control that impact their
business, such as fees for delivering recyclables, fluctuating fuel costs, etc.
This would reinstate the optional service surcharge (then called a “base rate”) that was in effect in Fort Collins’
Pay-As-You-Throw Ordinance prior to 2009 to allow haulers to cover their fixed costs for providing service. The
base rate had been capped at 50% of the cost of the smallest trash cart. It was removed from the ordinance in
2009 because the Council was concerned that residents were unable to clearly see the cost impact of choosing
one bin size over another. The 2009 amendment disallowed any additional charges from being added as line
items on customers’ trash bills - not just the base fee, but also fuel surcharges or environmental surcharges that
were felt to obscure the cost of trash disposal.
2. Percentage price difference between sizes of trash cans for single-family residents
This proposal allows a 75% price difference between sizes of trash carts (also known as the “incline rate”),
instead of the current required 100% price difference.
Further information regarding the combined impacts of the two trash rate changes (surcharge plus lower per-can
price differential for trash) is shown in Attachment 3. For context, a summary of price differences between trash
cart sizes from other communities is shown in Attachment 4.
As a refresher, the basic elements of Fort Collins’ current Pay-As-You-Throw (PAYT) Ordinance, adopted in
1995, are:
Applies to single-family homes
Bundled cost for trash and recycling service (i.e., curbside recycling provided at no additional cost to
incentivize recycling and landfill diversion)
Haulers must charge variable rates based on the volume of trash service to which customers subscribe
o Higher cost for more volume of trash service
o Requires a 100% price difference between sizes of trash cans.
Fort Collins was an early innovator; now, over 9,000 communities in the U.S. have PAYT ordinances. PAYT
systems are demonstrably effective at engaging people in waste reduction and recycling activities - in part to save
on household bills. Although each community varies (it is very difficult, for instance, to find complete commonality
with another community of Fort Collins’ size and privatized trash collection system), research suggests that the
optimal price difference between trash cart sizes to motivate waste reduction and recycling is 80%.
3. Updated Method for Business and Multi-Family Recycling Collection
An updated method for providing recycling to businesses and apartment complexes is included in this proposal,
based on feedback from Fort Collins’ haulers. A hybrid of the two options discussed in October, this package
requires that recycling be part of the service provided to businesses or apartment complexes and must be at least
30% of the service provided.
For example, if a business currently has six containers of trash service, under the new system, they would have
four containers for trash and two containers for recycling service.
June 28, 2016 Page 3
This updated approach is expected to result in equal amounts of recycling as prior proposals but in a manner that
is simpler for haulers to implement. As before, businesses or multi-family complexes would be able to apply for a
variance from the recycling service requirement if they lack space for recycling bins, can’t be serviced safely,
choose to deliver their recyclables to a drop-off center rather than have them collected, or don’t generate
recyclables.
4. Grocery Store Composting
This proposal requires grocery store composting. Many grocery stores in Fort Collins are already composting:
Wal-Mart, King Soopers, Sprouts, Natural Grocers, Whole Foods and Trader Joe’s compost now. Given the
significant amount of food often disposed of by groceries and the level of adoption in the community already, this
proposal includes a requirement that all grocery stores in Fort Collins compost.
The 40% of groceries stores in Fort Collins that are not currently composting are Safeway, Target, Albertson’s,
and Beaver’s Market. Since grocery stores generate significant food scraps, adding compost service for these few
stores would be expected to divert an additional 650 tons of material from the landfill and reduce the community’s
greenhouse gas emissions by 667 tons carbon dioxide equivalent. Details are available in Attachment 2. Note: if a
one cubic yard per week minimum threshold were enacted in the regulations, Beaver’s Market would be exempt
from the regulations.
5. Updated Implementation Timelines
To respond to Council’s directions at the January 26, 2016 Work Session, staff also discussed implementation
timelines with Fort Collins’ trash haulers, in recognition of haulers’ concerns about the time needed to purchase
needed equipment and roll out new programs to existing customers. Extended implementation timelines for
several elements of the Community Recycling Ordinance are now proposed, as shown in Attachment 1. These
modified timelines are meant to support haulers as they switch over existing customers; however, new
requirements will apply as soon as any new or renewing customers sign contracts, to prevent customers from
simply subscribing to a different hauler in order to avoid recycling.
6. Elements Removed from the Community Recycling Ordinance
Two proposed changes that were discussed in prior work sessions for the Community Recycling Ordinance 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 clarity on
volume of material available
Potential new technologies 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
Given the evolving conversations about this topic, these items have been suggested to be considered in the near
future:
Restaurant Composting Requirement
Bundled (included in cost of basic trash/recycling services) Collection of Organic Materials
7. Other Code updates
Two additional updates are proposed to be included in the draft Code language:
Home Owner’s Association (HOA) Contracts
June 28, 2016 Page 4
o Clarifies that contracts between HOAs and haulers must be in writing and must be available for
inspection by City staff as needed. HOAs account for about 1/3 of the residential accounts in Fort
Collins.
Educational Information to Residents
o Since 1995, City Code has required trash haulers in Fort Collins to provide annual information to
customers about the community’s Pay-As-You-Throw ordinance, type of recycling bins available, and
recycling guidelines. Proposed updates would alter this to require the City to provide the educational
material (e.g., recycling guidelines) in the interests of creating more consistency in the information
that is disseminated. The proposal would also allow haulers to print a web link on their electronic or
paper mail bill rather than include any paper copies of educational information.
Next Steps
Following discussions at this work session, the next step would be for City Council to review the full Community
Recycling Ordinance for adoption at a regular session.
ATTACHMENTS
1. Analysis of Options for Community Recycling Ordinance (DOCX)
2. Comparison of Original and Current Community Recycling Ordinance Elements (PDF)
3. Modeled Impacts of Pay-As-You-Throw Scenarios (PDF)
4. Examples of Pay-As-You-Throw Programs in Peer Communities (PDF)
5. Draft Community Recycling Ordinance Code Language (PDF)
6. January 26, 2016 Work Session Summary (PDF)
7. October 13, 2015 Work Session Summary (PDF)
8. Powerpoint presentation (PDF)
Comparison & Analysis of Options for 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 Comments
Single-family 75% price
difference between
trash can sizes
o Potential
estimated 1500-
2500 tons
decrease*
o -0.03 to -0.05%
diversion rate
impact
o -2% to -4% of tons
needed for 2020
RTZW goal
None – recycling is
not included in
the City’s carbon
accounting
See attachment 3
Single-family service
surcharge equal to up
to 25% of cost of
smallest cart rate
No likely impact on
diversion
None – recycling is
not included in
the City’s carbon
accounting
See attachment Allows haulers to cover
cost of fluctuating items
such as fuel or fee to
deliver recyclables.
Multi-family /
commercial: requiring
recycling be at least
30% of overall service
o 15,000 tons
o 4.7% diversion
rate increase
o 25% of tons
needed for 2020
goal
None – recycling is
not included in
the City’s carbon
accounting
Additional
33% to 50% cost /
Changes in Community Recycling Ordinance Elements Since October 2015
1
Element Package Presented at
10/13/15 Work Session
Package Presented at
1/26/15 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 Consideration of incline rate at 50% or 80%
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 qas a separate,
opt-in fee
x Implementation: April 2017
Same Same
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 June 2017 phase-in
o Same as 10/13/15 package
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 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 2020 phase-in
o 25% of existing customers
added per year
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
o New customers must comply with
Changes in Community Recycling Ordinance Elements Since October 2015
2
Ordinance Requirements for
Education from Haulers
Sector Existing Proposed
Single-Family
Residential
Annual paper mail
piece including
information about
rates being based
on trash container
size subscription,
recycling
guidelines,
availability of
recycling carts
Same information at
same frequency, but
printed link to website
sufficient on paper bills
or electronic bills
Commercial and
Multi-Family none
Must provide recycling
guidelines for inside
store / apartment (City-
provided or own), must
have sticker including
recycling symbol on all
recycle bins
Ordinance Requirements
for Contracts Between
Haulers and Homeowner’s
Associations
Existing Proposed
No mention –
verbal contracts
allowed
Written contract
required to be on file at
haulers’ office, available
for inspection when
needed
1
Cart size
% of Fort Collins
Residents
Subscribed to this
Size Trash Cart
Current
average
Modeled for updated
incline rate,
25% service surcharge
listed separately
Total modeled cost
including service
surcharge
(updated incline rate, 25%
surcharge)
Percent
change from
current cost
Equivalent
incline rate
Potential change in
residential diversion
expected (rough
model)
If revenue to haulers stays neutral (including service charges and surcharge)
32 gal 38% $13.00 $12.49 $15.61 21% -1500 to -2500 tons
64 gal 38% $26.00 $21.86 $24.98 -3% 60%
96 gal 24% $39.00 $31.22 $34.34 -8% 60%
service surcharge $0.00 $3.12 included in totals above
If revenue to haulers from service charges stays neutral (surcharge revenue extra)
32 gal 38% $13.00 $14.39 $17.99 39%
64 gal 38% $26.00 $25.18 $28.78 12% 60%
96 gal 24% $39.00 $35.96 $39.56 6% 60%
service surcharge $0.00 $3.60 included in totals above
If revenue to haulers stays neutral (including service charges and surcharge)
32 gal 38% $13.00 $12.22 $15.28 18% -1200 to -2000 tons
64 gal 38% $26.00 $22.00 $25.06 -4% 64%
96 gal 24% $39.00 $31.77 $34.83 -11% 64%
service surcharge $0.00 $3.06 included in totals above
If revenue to haulers from service charges stays neutral (surcharge revenue extra)
32 gal 38% $13.00 $14.02 $17.53 35%
64 gal 38% $26.00 $25.24 $28.75 11% 64%
96 gal 24% $39.00 $36.45 $39.96 2% 64%
service surcharge $0.00 $3.51 included in totals above
If revenue to haulers stays neutral (including service charges and surcharge)
32 gal 38% $13.00 $11.22 $14.03 8% same to -600 tons
64 gal 38% $26.00 $22.44 $25.25 -3% 80%
96 gal 24% $39.00 $33.66 $36.47 -6% 80%
service surcharge $0.00 $2.81 included in totals above
If revenue to haulers from service charges stays neutral (surcharge revenue extra)
32 gal 38% $13.00 $13.00 $16.24 25%
64 gal 38% $26.00 $26.00 $29.24 12% 80%
96 gal 24% $39.00 $39.00 $42.24 8% 80%
service surcharge $0 $3.24 included in totals above
100% incline rate 80% incline rate 75% incline rate
Modeled Cost to Residents for Changes in Pay-As-You-Throw Ordinance
(-15% to -23% of
single-family recycling)
2
Assumptions made in rough calculations: 1) behavior of residents responds to decrease in cost between container
sizes at the same rate they respond to increases in cost between container size; 2) percent of change in diversion is
linear between minimal effect of Pay-As-You-Throw ordinance (50% price difference between sizes of trash cans) to
maximum effectiveness (80% price difference between sizes of trash cans)
Community
Percent Price Difference
Between Trash Cart Sizes
(a.k.a. Incline Rate) *
Residential
Diversion
Rate**
Rate includes Hauling system
Loveland, CO 100%
plus $7.25 monthly fee 60% municipal
Boulder, CO 100% 54% open market
Louisville, CO 57% 42% contracted hauler
Lafayette, CO 100% 37% contracted hauler
Golden, CO 68% , 53% 33% contracted hauler
Fort Collins 100% 30% open market
Vail, CO
80%-100%
(no less than 80,
no more than 100)
30% open market
Longmont, CO 98% , 170%
plus $3 monthly fee 30% municipal
Sample Percentage Price Difference Between Trash Carts in Communities with Pay-As-You-Throw
1
ATTACHMENT 4
Community
Percent Price Difference
Between Trash Cart Sizes
(a.k.a. Incline Rate) *
Residential
Diversion
Rate**
Rate includes Hauling system Notes
San Francisco, CA 100% 80% franchised hauler
Portland, OR 5%, 4%, 4% 70% franchised haulers
cost for recycling or
compost service much
less cost than trash
Eugene, OR 80% , 44% 53% franchised haulers peer city
Denton, TX 20% , 80% 38% municipal peer city
Renton, WA 64%, 43%, 81%, 137% 68% contracted hauler
Sample Percentage Price Difference Between Trash Carts in Communities with Pay-As-You-Throw
*If two or more percentages are shown, the first percentage is the difference between the smallest and medium trash
cart, the second is the price between the medium and large cart.
**Equal to the percent of material recycled or composted rather than landfilled by residents of single-family homes
Every other
week trash
service
Curbside
Recycling
Weekly trash
service
Curbside
yard
trimmings
collection
Curbside
Food Scrap
Collection
Key tools used by high diversion communities:
Policy requiring trash or recycling service, landfill bans of materials, pricing
creating incentives to recycle or compost, infrastructure to enable recycling and
composting, education campaigns.
Case studies of programs in 22 peer and/or high diversion communities available
at http://www.fcgov.com/recycling/pdf/CRO_Case_Studies_2015.pdf.
2
Environmental Services
215 N. Mason
PO Box 580
Fort Collins, CO 80522
970.221-6600
970.224-6177 - fax
fcgov.com
COVER MEMO
WORKING DRAFT: COMMUNITY RECYCLING ORDINANCE (CODE LANGUAGE)
Material for Council Worksession on June 28, 2016
Through the development of the Community Recycling Ordinance, staff has worked closely with
Fort Collins’ trash haulers. Meetings in May 2016 with Fort Collins’ haulers included a detailed
review of the draft code language reflecting the updated Community Recycling Ordinance. The
language reviewed in those meetings follows this memo. Also following this memo is a summary
of the changes from the existing code language that were discussed with the haulers and the
public in December 2015 (in black text) and new updates discussed with the haulers in May
2016 (red text).
Changes that were not included in the following draft, but which were recommended by staff
and / or the haulers and may be forthcoming, may include but are not limited to the following
topics:
• adjustments enabling tiered service charges to be used
• re-insertion of language addressing use of “bag and tag” systems for trash
collection
• inclusion of a variance from multi-family or commercial recycling requirement if
hauler cannot safely service a customer’s recycling bin
• consistent integration throughout the document for key terms defined in the
ordinance and used therein
• identification of possible ranges within which levels of service fall (i.e., the number
of gallons used to describe small, medium and large levels of service)
• consideration of haulers’ option to stop collection service for a customer whose
recyclables are consistently “contaminated” with non-recyclable materials
• consideration of haulers’ option to require that all recyclables set out for collection fit
within a residential recycling cart
• consideration of limiting the amount of recyclables that a residential customer may
set out for collection to two (2) 96-gal carts per single-family account
• removal of requirement for recycling bins to be labeled with graphics of recyclables
accepted, but to instead just include the chasing arrows “recycling symbol”
• removal of requirement that haulers ensure group account representatives
distribute annual recycling and Pay-As-You-Throw information to residents
Please note that this current draft does not include “red-line” or “strike-out” edits, which is the
format that would be used next for developing an ordinance for Council’s adoption. When an
ordinance is prepared for Council action to be taken, the City Attorney’s Office provides the
complete, final red-lined copy to reflect all changes to the existing code language.
1
ATTACHMENT 5
Summary of DRAFT Changes to Code Language for Community Recycling Ordinance
Code language is pending further legal review and is subject to change
References after text refer to (page number: line number)
Red text refers to changes made since December 2015 draft
Article 15: Solid Waste Collection and Recycling Services
• Adds hierarchy of materials management definition for use in City Manager’s designated recyclables list (2:23)
• Adds definition of food scraps usage hierarchy for use in designating materials as compostable locally and
clarifying the food donation is preferred over composting food (2:30)
• Adds language clarifying that carts can be placed on the street side of the curb for servicing (1:31)
o pending legal review that changing this definition doesn’t negatively impact other sections of the code
that don’t relate to recycling
• Licensing (15-412(a) and (b))
o Includes haulers of organics (organics included in definition of “collector”) (4:12)
• Residential Trash / Recycling Service (a.k.a. Pay-As-You-Throw) (15-412(c), (d), (e); 15-413(a)), (15-413(c)(1))
o Clarifies that a 32-gallon trash cart option is required (5:1)
o Reduces price difference between sizes of trash cans to a minimum of 75% (5:6)
o Allows service surcharge up to 25% the cost of the smallest trash can (6:13)
o Haulers must send City-provided guidelines and recycling information to customers once / year (10:20)
o Homeowner’s Association Contracts must be in writing and be kept on file (5:19, 16:19)
• Commercial and Multi-Family Recycling (15-413(b))
o Requires hauler to provide recycling with trash service (but not required to bundle costs – recycling can
be seen as separate fee) (7:30)
Recycling must be at a minimum 30% of overall solid waste service volume (trash and
recyclables) (7:23)
o If customer refuses recycling service, must sign documentation, and still has to pay for recycling service
(7:35)
o Customers can apply for a variance and be exempted from bundled recycling for following reasons (8:1)
Space constraints
Self-haul their recyclables
Contracts separately for recycling services (not provided by solid waste provider)
Don’t generate recyclables
Working on language for safety issues when servicing containers
Customer would complete form, submit to City. Whether or not approved, form would be
shared with service provider once decision is made.(8:5)
• If variance is not approved, hauler must charge bundled rate for solid waste and
recycling services without reduction
• If variance is approved, rate may be “unbundled” and reduced to exclude charges for
recycling
Variance would be valid for 5 years, at which point customer could apply again if situation
remains (8:19)
o Haulers provide customers with recycling guidelines signage for use in facilities (8:33)
2
Can use own materials if City-approved or can use City-provided materials
o Recycling bins must be labeled with the chasing arrows symbol and a graphics-based guidelines sticker
(or laminated poster or other method). Can use City-provided materials or hauler-provided materials
that are approved by City (9:22)
o Haulers must verify the representative of group accounts distributes the annual notice (of variable rates,
recycling guidelines etc.) to individual customers (10:30)
• Optional Yard Trimmings Service (15-414)
o Service required as of 4/1/2017 (11:6)
o Hauler must offer yard trimmings collection service (11:8)
o Can charge separate fee for service (11:11)
o Yard trimmings can’t be landfilled – have to be composted or mulched (11:15)
• 15-415 Grocery Store Compost Collection Requirement
o By June 1, 2017, grocers must have compost collection service for food scraps (11:21)
12-month variance available for: (11:25)
• Self-hauling
• Space constraints
• Using garbage disposal-type equipment
• Donating all food scraps for human or animal consumption
• Composts on-site
• Doesn’t generate food scraps
Must be collected frequently enough to avoid overflow and must be composted (not landfilled)
(12:15 and 12:20)
• License application (15-417)
o Haulers must include information about organics collection program and how it fits with regulations
(similar to current requirements for recycling service) (13:29)
o HOA contracts must be available for review by City-designated auditors (16:18)
5/19/16
3
DISCUSSION DRAFT ONLY – FURTHER LEGAL REVIEW PENDING – SUBJECT TO CHANGE
Rev’d 2016-5-17
Page 1
1 ARTICLE XV. SOLID WASTE COLLECTION AND RECYCLING SERVICES
2
3 Sec. 15-411. - Definitions.
4 The following words, terms and phrases, when used in this Article, shall have the meanings
5 ascribed to them in this Section:
6 Basic Service shall mean collection of solid waste and recyclable materials from a residential
7 customer by a collector.
8 Collector shall mean the person or entity providing solid waste collection service and/or
9 recyclable collection service and/or food scraps collection service or yard trimmings collection
10 service.
11 Commercial customers shall mean any premises utilizing collection service where a commercial,
12 industrial or institutional enterprise is carried on, including, without limitation, retail
13 establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing
14 homes, clubs, churches and public facilities. Customers serviced using any type of collection
15 container, including without limitation poly-carts, dumpsters, or roll-off containers, are
16 considered commercial customers unless the service is provided for a project permitted by the
17 City of Fort Collins building department.
18 Communal system for the collection of waste shall mean an arrangement for the collection of
19 waste from multiple properties or residences using collection containers shared by those
20 properties or residences.
21 Food Scraps shall mean any animal- or vegetable- based staple foodstuffs, including food scraps
22 resulting from the preparation, cooking, and serving of food, unsaleable or outdated food, and
23 other compostable items such as food-soiled paper as designated as compostable by the City
24 Manager.
25
26 Curbside shall mean at or near the perimeter of the premises, whether or not there is a curb,
27 but does not mean or permit placement on the sidewalk. If the curb and any sidewalk are of
28 unitary construction, the term means behind the sidewalk, or on the street side of the curb so
29 long as such location does not impede bike, pedestrian, or car traffic and is not on an arterial
30 street.
31 Curbside collection shall mean the collection of solid waste or recyclables placed at a curbside
32 location or within a dumpster site.
33 Director shall mean the Director of the City’s Environmental Services Department.
4
DISCUSSION DRAFT ONLY – FURTHER LEGAL REVIEW PENDING – SUBJECT TO CHANGE
Rev’d 2016-5-17
Page 2
1 Dumpster shall mean a metal or plastic container 1 cubic yard to 10 cubic yards in volume that
2 is used to collect refuse or recyclables.
3
4 Electronic equipment shall mean any electronic device or electronic component as those terms
5 are defined in the Colorado Hazardous Waste Regulations, 6 Code of Colorado Regulations
6 1007-3, Section 260.10.
7 Food store shall mean a retail establishment or business located within the City in a permanent
8 building, operating year round, that is a full-line, self-service market and which sells a line of
9 staple foodstuffs, meats, produce, dairy products or other perishable items. "Food store" does
10 not include:
11 (a) temporary vending establishment for fruits, vegetables packaged meats and dairy
12 products;
13 (b) vendors at farmers' markets or other temporary events;
14 (c) businesses at which foodstuffs are an incidental part of the business. Food sales will be
15 considered to be "incidental" if such sales comprise no more than 2 percent (2%) of the
16 business' gross sales in the city as measured by the dollar value of food sales as a
17 percentage of the dollar value of total sales at any single location.
18 Group account shall mean a customer account for solid waste collection services that provides
19 for collection of waste from multiple residential customers, regardless of the method by which
20 such services are contracted or arranged. An account for service arranged by a single property
21 owner for collection of solid waste from multiple locations owned by that property owner shall
22 not constitute a group account for the purposes of this Article.
23 Hierarchy for Materials Management shall mean the same as the definition for that term
24 formally adopted by the US Conference of Mayors in 2015 as follows: the prioritization of uses
25 for materials in the following order, from preferred use to least preferred: 1) extended
26 producer responsibility and product redesign; 2) reduce waste, toxicity, consumption, and
27 packaging; 3) repair, reuse, and donate; 4) recycle; 5) beneficial reuse; 6) waste-based energy
28 as disposal; 7) landfill as disposal.
29 Hierarchy of uses for food scraps shall mean the prioritization of uses for these materials in the
30 following order, from preferred use to least preferred: 1) source reduction of food scraps; 2)
31 feed hungry people; 3) feed animals; 4) industrial uses; 5) composting; 6) disposal in a landfill or
32 incineration.
33
34 Household recycling container shall mean bags, bin-type containers, carts or bulk-volume
35 dumpsters and plastic receptacles used for storing and setting out recyclable materials.
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1 Landfill shall mean an area of land or excavation licensed by the State of Colorado to accept
2 waste for permanent disposal.
3 Multi-family customers shall mean residential properties for which there is a communal system
4 for the collection of solid waste.
5 Poly-cart shall mean a durable, plastic, wheeled container with a hinged lid, manufactured and
6 used for the collection of recyclable materials or for the collection of refuse. For multi-family or
7 commercial customers, a dumpster or roll-off container with aggregate volume of multiple
8 poly-carts shall be deemed to constitute one or more poly-carts.
9 Qualified recycling facility shall mean a facility that arranges for or causes the recovery of useful
10 materials from one (1) or more specified recyclable materials including items for reuse, and
11 shall be deemed to include only a facility that meets any federal or state standards that may be
12 established to regulate or designate such recycling facilities.
13 Recyclable cardboard shall mean corrugated cardboard, and shall include, but not be limited to,
14 materials used in packaging or storage containers that consist of three (3) or more layers of
15 Kraft paper material, at least one (1) of which is rippled or corrugated. Cardboard shall be
16 considered recyclable cardboard regardless of whether it has glue, staples or tape affixed, but
17 not if it is permanently attached to other packing material or a nonpaper liner, waxed
18 cardboard or cardboard contaminated with oil, paint, blood or other organic material.
19 Recyclable materials shall mean materials which have been separated from solid waste and can
20 be recovered as useful materials and are properly prepared for the purpose of recycling,
21 provided that such materials have been designated by the City Manager as recyclable pursuant
22 to §15-414 of this Article.
23 Recycling shall mean the process of recovering useful materials from solid waste, including
24 items for reuse.
25 Recycling collector shall mean a person or entity providing recyclable collection services.
26 Refuse shall mean solid waste.
27 Residential customer shall mean a customer at a residential property for which a communal
28 system for the collection of waste is not employed.
29 Roll-Off Container shall mean an open-top or gable-top metal container used to collect refuse
30 or recycling that is 10 cubic yards or greater in capacity.
31 Service shall mean collecting, transporting or disposing of solid waste or recyclable materials for
32 consideration.
33 Solid waste shall mean all putrescible and nonputrescible waste, excluding discarded or
34 abandoned vehicles or parts thereof, sewage, sludge, septic tank and cesspool pumpings or
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1 other sludge, discarded home or industrial appliances, hazardous wastes, materials used as
2 fertilizers or for other productive purposes and recyclable materials which have been source
3 separated for collection.
4 Solid waste collector shall mean the person who provides solid waste collection service on a
5 regular, recurring schedule.
6 Source separation shall mean to separate recyclable materials from solid waste at the waste
7 source.
8 Yard Trimmings shall mean yard clippings, wood, branches, leaves, and twigs as designated as
9 compostable by City Manager.
10
11 Sec. 15-412. - License requirement.
12 (a) License required. No person shall operate as a collector within the corporate limits of the
13 City without first obtaining a collection license for such activity pursuant to §15-417.
14 (b) Exemptions. The following persons or entities are not required to obtain a collection
15 license:
16 (1) A civic, community, benevolent or charitable nonprofit organization that collects,
17 transports and markets materials for resource recovery solely for the purpose of
18 raising funds for a charitable, civic or benevolent activity;
19 (2) A person who transports solid waste or recyclable materials produced by such person;
20 (3) A property owner or agent thereof who transports solid waste, recyclable materials or
21 yard trimmings or food scraps left by a tenant upon such owner's property, so long as
22 such property owner does not provide solid waste or recyclables collection service for
23 compensation for tenants on a regular or continuing basis;
24 (4) A demolition or construction contractor or landscaper who produces and transports
25 solid waste in the course of such occupation, where the solid waste produced is merely
26 incidental to the particular demolition, construction or landscape work being
27 performed by such person.
28 (c) Volume-based rates.
29 (1) Any person licensed to operate as a solid waste collector within the City shall charge all
30 residential customers, including, but not limited to, residential customers provided
31 service through a group account, on the basis of the volume capacity (or volume
32 capacity category) of the containers of solid waste placed for collection by each
33 residential customer. The amount to be charged for such containers shall be
34 determined by each solid waste collector; provided, however, that no volume capacity
35 category shall exceed a range of variation in volume capacity of more than thirty-two
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1 (32) gallons. Collectors shall determine a rate for, and offer to customers, the thirty-
2 two-gallon service, and that rate shall be used to determine the rates for all other
3 service levels. Said charges shall be based upon the container size, rather than the
4 volume of solid waste actually deposited within such containers by the residential
5 customers. The charge for additional containers of the same volume capacity (or
6 volume capacity category) shall be no less than seventy-five (75) percent of the charge
7 for the first such container. The charge for solid waste volumes in excess of a customer
8 service subscription level shall be by volume capacity and shall be proportional by
9 volume to the collector's standard rate for a thirty-two-gallon container.
10 (2) In order to further ensure that the charge for the collection of solid waste is based
11 upon volume as required above, any person licensed as a solid waste collector shall
12 provide to each residential customer disposable bags, or labels to be attached to
13 nondisposable containers, showing the volume capacity (or volume capacity category)
14 of such containers, or shall establish another system for accomplishing the same
15 purpose which is acceptable to the City. A solid waste collector shall arrange for
16 provision of service to each group account in a manner that results in an individual
17 selection by each individual residential customer of a level of service from the full
18 range of container sizes and levels of service offered by the collector. In the case of a
19 group account, the solid waste collector shall require a written contract confirming
20 compliance with the provisions of this Article.
21 (3) In offering or arranging for services, a solid waste collector shall provide reasonable
22 notice of the full range of container sizes or levels of service offered by the collector,
23 and shall provide to each residential customer that customer's requested container
24 size or level of service.
25 (4) It shall be unlawful for any person to knowingly attach any such label to a container
26 exceeding in volume the volume capacity (or volume capacity category) shown on, or
27 represented by, such label, and to place said container for collection.
28 (5) No solid waste collector shall collect or transport solid waste which has not been
29 placed for collection through such system or in containers upon which such labels have
30 been attached.
31 (6) The provisions of this §15-412(c) shall not be construed as prohibiting any collector
32 from also establishing rules and regulations regarding the maximum weight of
33 containers of solid waste and/or recyclable materials.
34 (7) A collector shall not collect any overloaded container unless the collector accounts for
35 and bills the customer the appropriate fee or charge for the collection of such excess
36 solid waste. Loading of a container so as to prevent the lid of the container from
37 closing securely shall be deemed to constitute overloading of the container for the
38 purposes of this provision. The determination of overloading and charges therefor
39 shall be made on an individual pick-up date basis, and there shall be no "averaging" of
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1 pick-up volumes to allow for overloading at one (1) time offset by a low volume at
2 another time.
3 (d) Service surcharge.
4 (1) In addition to the volume-based rates required pursuant to §15-412(c) above, solid
5 waste collectors may, but are not required to, charge a service surcharge which may
6 be charged to residential customers for the purpose of covering the fluctuating
7 operational costs of doing business as a collector. Examples of fluctuating operational
8 costs of doing business that may be used as the basis for the service surcharge include,
9 but are not limited to, fuel charges or market-based recycling fees charged to
10 collectors). A service surcharge shall be permitted and charged only as set forth in this
11 §15-412(d).
12 (2) If a solid waste collector elects to charge such service surcharge, said fee shall not
13 exceed twenty-five (25) percent of the monthly volume-based rate charged for one (1)
14 thirty-two-gallon container per week.
15
16 (3) In the event that a solid waste collector elects to establish a service surcharge, all bills
17 for services provided by such collector to residential customers shall clearly show both
18 the service surcharge and the volume-based rate. Additionally, in the event that a
19 solid waste contractor elects to establish a service surcharge, such collector shall, on or
20 before January 1 of each ensuing year, deliver to the Director a true and correct copy
21 of such solid waste collector’s rate schedule.
22 (e) Refusal of recyclable materials. In the event that a collector refuses to collect any
23 container because it contains materials required to be recycled under §12-22, the collector
24 shall not be required under this §15-412 to credit the customer for such refused container.
25 A collector shall not collect materials required to be recycled under §12-22, except that,
26 with respect to recyclable cardboard, a collector may, but shall not be obligated to, accept
27 any container that has reasonably been determined, based upon visual inspection, to
28 contain no more than twenty-five (25) percent recyclable cardboard by volume.
29
30 Sec. 15-413. - Recycling requirement.
31 (a) Curbside/on-site collection - Residential.
32 (1) Each solid waste collector licensed by the City shall provide to each residential
33 customer in the City, as a part of any solid waste collection services provided by such
34 solid waste collector and without additional charge other than a service surcharge
35 under §15-412(d), the collection at curbside of both solid waste and recyclable
36 materials. No such collector shall be permitted to divide or diminish charges for the
37 provision of such basic service at the request of such customer or for any other reason.
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1
2 (2) All collectors providing solid waste collection services to residential customers shall
3 provide curbside recycling collection services at least once per week and on the same
4 day of the week as the day of collection of solid waste from the customer; provided,
5 however, that collection of recyclable materials need not be accomplished on the
6 same day as the collection of solid waste for residential customers located within
7 mobile home parks. After a collector has offered and made available to its residential
8 customers poly-cart recycling containers, said collector may modify its recycling
9 collection schedule to a minimum of two collections per month as long as curbside
10 recycling collection services are provided on the same day of the week as the day of
11 collection of solid waste from the residential customer.
12 (b) On-site collection - Multi-Family and Commercial.
13 (1) Each solid waste collector licensed by the City shall, upon request, provide to each
14 multi-family and commercial customer (and other customers receiving solid waste
15 collection services through a communal system of waste collection) as a part of any solid
16 waste collection services provided by such solid waste collector, the collection of
17 recyclable materials. Such collector shall be permitted to impose an additional charge to
18 multi-family and commercial customers (and other customers receiving solid waste
19 collection services through a communal system of waste collection) for the collection of
20 recyclable materials.
21 (2) The amount of recyclable materials collection that shall be provided to each multi-
22 family and commercial customer as a part of such basic services shall be at a minimum
23 amount equal to one third of the solid waste collection volume (including both refuse and
24 recyclables) for such customer based on the size of collection solid waste containers
25 provided to such customer and the service frequency. For example, if such a customer is
26 provided with pick-up of a 4-cubic-yard trash container that is collected once per week, the
27 collector shall also provide recycling collection in an amount equal to a 2-cubic-yard
28 recycling container as a part of such basic services (2 cubic yards is 1/3 of the total service
29 volume of 6 cubic yards).
30 (3) No later than January 1, 2022 for existing customers and upon contract renewal or
31 signature for new or renewing customers, collectors shall provide each multi-family or
32 commercial customer with the foregoing recycling services as a part of any solid waste
33 collection services unless a variance is obtained in accordance with the following
34 provisions:
35 (i) If a collector's multi-family or commercial customer declines to subscribe to
36 recycling services, the collector must provide written documentation, signed by the
37 customer, that such services were offered and declined. In such an event, the cost
38 for recycling service is still indivisible from the cost of solid waste collection service
39 and the charge for basic service shall not be reduced
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1 (ii) In addition, if a collector's multi-family or commercial customer declines to
2 participate in recycling collection services offered by a collector due to space
3 constraints, self-hauling recyclables to recycling drop-off center, utilization of a
4 separate licensed recycling collection provider other than the solid waste collector,
5 or failure to generate recyclables, the customer must submit a written request for
6 variance on a form provided by the City and signed by the customer. Upon receipt
7 of such a request for variance, the Director shall either approve the variance for
8 good cause shown, or disapprove the variance. A copy of the approved or
9 disapproved variance shall be sent by the City to the solid waste collector servicing
10 that customer.
11 (iii) For purposes of this subsection "good cause shown" shall mean evidence
12 presented by the customer that, to the reasonable satisfaction of the Director,
13 demonstrates that the customer lacks sufficient space for recycling containers, self-
14 hauls recyclables to a drop-off recycling center, utilizes a separate licensed recycling
15 collector, or generates recyclables in an amount less than thirty (30) percent of the
16 customer’s total solid waste and recyclables.
17 (iv) If a variance is approved in accordance with the foregoing provisions, the
18 collector shall not be required to provide such recycling services to such multi-
19 family or commercial customer for the five (5) year period following approval of the
20 variance, except as otherwise provided by the Code. If, after the five (5) year
21 period, the constraints on which the variance was based still exist, the customer
22 may submit a request for an additional five (5) year variance, except as otherwise
23 provided by the Code. If a variance is granted for a customer not generating
24 recycling as thirty (30) percent of their volume of waste generated, but the
25 customer generates at least 96 gallons of recycling per week, the variance will
26 require recycling service in the volume of recycling the customer generates be
27 included as a part of solid waste collection services.
28 (v) If the variance is not approved, the collector shall be required to provide recycling
29 collection services, in addition to solid waste collection.
30 (4) Collectors providing collection services to multi-family and/or commercial customers
31 shall provide services for the collection of recyclable materials from such customers with
32 such frequency as is necessary to prevent overflow of the recycling containers.
33 (5) Collectors shall provide each multi-family and commercial customer with educational
34 guidelines for recycling and signage for use inside its facilities, which guidelines and signage
35 may be designed and provided by the collector and approved by the City or the collector
36 may utilize City-provided guidelines and signage for this purpose.
37 (c) Collection of recyclable materials; duties of collectors. All licensed collectors of recyclable
38 materials and solid waste operating within the City shall have the following duties:
39 (1) Except for materials that customers have not properly prepared for recycling,
40 collectors may not commingle designated recycle materials with refuse, nor dispose of
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1 recyclable materials set out by recycling customers by any means other than at a
2 qualified recycling facility. Recyclable materials shall include all those materials
3 designated by the City Manager as materials which collectors must offer to collect for
4 recycling.
5 (2) Collectors shall provide to each residential solid waste customer who utilizes recycling
6 services within the City a poly-cart container for storing and setting out recyclable
7 materials meeting the requirements of this Subsection, clearly marked as a recyclables
8 container with words or symbols or both. Collectors must annually offer each
9 residential recycling customer, in writing, a choice of at least two (2) sizes of poly-cart
10 containers for the collection of recyclables at least sixty-four (64) gallons in capacity,
11 one (1) of which must be at least ninety-six (96) gallons in capacity. The collector must
12 provide the requested poly-cart without additional charge to such customer, except
13 that the collector may require the payment of a refundable damage or loss deposit or
14 a charge for lost or damaged poly-carts, not to exceed the actual cost of the container.
15 The collector must provide a poly-cart for recycling to all residential recycling
16 customers except those customers who expressly decline a poly-cart, and must
17 provide a poly-cart to any customer at any time upon request within one (1) billing
18 period after the request is made. Collectors shall provide recycling containers to
19 multi-family and commercial customers in poly-carts, dumpsters, or roll-off containers
20 as deemed appropriate for servicing the location and with a capacity sufficient to meet
21 the one third volume requirement. Regardless of the type of container, it must be
22 clearly identifiable as a recycling container and include chasing arrows decal, as well as
23 signage such as stickers or weather-resistant laminated posters or imprinting into the
24 surface of the container during manufacture, of recyclable materials accepted in local
25 collection programs, including graphics depicting acceptable materials; such
26 information may be delivered by use of City-provided graphics or graphics provided by
27 the collector and approved by the City.
28 (3) The collector may establish such reasonable and industry-accepted requirements for
29 the preparation of materials for recycling as are necessary to provide for the orderly
30 collection of recyclable materials, including requirements regarding the preparation of
31 materials for collection, the collection of recyclable materials and requirements for
32 source separation.
33 (4) In the event that a collector elects to perform collection of solid waste or recyclable
34 materials through subcontractors or agents, such agency relationship shall not relieve
35 the collector of responsibility for compliance with the provisions of this Code and the
36 rules promulgated hereunder.
37 (5) All recyclable materials placed for collection shall be owned by and be the
38 responsibility of the customer until the materials are collected by the collector. The
39 material then shall become the property and the responsibility of the collector. No
40 person other than the customer or the collector of recyclable materials shall take
41 physical possession of any recyclable materials placed for collection.
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1 (6) Any vehicle used for the collection of recyclables must be clearly and unambiguously
2 marked as a recycling truck, whether by permanent decals or markings, or by signage
3 or placards displayed at all times during such use.
4 (c) Customer notification.
5 (1) Upon the initial provision of collection services to new customers, and on or before
6 December 31 of each year with respect to existing customers, collectors shall notify in
7 writing such customers of:
8 (i) the availability of the collection of recyclable materials,
9 (ii) the range of recycling containers available,
10 (iii)the materials designated for recycling collection pursuant to §15-416; and
11 (iv)such rules and regulations as have been established by the collector for the orderly
12 collection of recyclable materials as authorized pursuant to §15-413(b)(2).
13 Such notice to residential customers shall further include notification of:
14 (v)the variable-rate solid waste collection service options offered by the solid waste
15 collector,
16 (vi) the related volume-based rates and service surcharges,
17 (vii)the range of poly-cart recycling containers available; and
18 (viii)the availability of optional collection service for residential yard trimmings under
19 §15-414.
20 In addition, such notice shall include educational guidelines and information regarding solid
21 waste, recycling and yard trimmings provided by the City to the collectors in electronic or
22 printed form not later than December 31 of each year.
23 (2) The form of notice shall be submitted to the City for review for consistency with the
24 requirements of this Article, and to ensure that the notice is sufficient to fully inform
25 customers of the availability of recycling and level of service options.
26 (3) For group accounts, the notices required hereunder may be sent to the group
27 representative for said account, provided that such notice shall further notify said
28 representative of its obligation to notify all individual residential customers within the
29 group of the availability of recycling services and the terms of variable-rate service
30 options, pursuant to §12-19(b). Collectors shall be responsible for verifying that the
31 notice to the representative for each group account has been provided to individual
32 customers.
33 (4) All verbal and written communications with customers by or on behalf of a collector,
34 whether in person, by telephone, in written form or through any other means, must be
35 consistent with and clearly and accurately describe all components of the system
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1 employed by the collector to provide and charge for variable-rate solid waste
2 collection and recycling services.
3 (5) The collector shall deliver to the Director a true and correct copy of each form of such
4 notification sent on or before December 31 of each year.
5 Sec. 15-414. – Optional service – residential yard trimmings.
6 (a) Residential service required. As of April 1, 2017, each solid waste collector licensed by the
7 City shall make available to each residential customer receiving solid waste collection services,
8 including customers receiving solid waste collection services through a group account, curbside
9 collection of residential yard trimmings from April to November of each year upon a customer’s
10 request.
11 (b) Rates. Collectors shall be responsible for setting rates for collection of residential yard
12 trimmings and such charges may be billed separately from any charges for basic services, as
13 defined in §15-411 to include collection of solid waste and recyclable materials, provided by the
14 collector, and shall not be governed by the requirements of §15-412(c).
15 (c) Disposal of yard trimmings. Collectors may not comingle yard trimmings with refuse or
16 recyclable materials, nor dispose of yard trimmings at a landfill. Yard trimmings shall be
17 disposed of by the collector at a location or facility permitted to collect organic materials for
18 recycling, reuse or composting.
19
20 Sec. 15-415. – Collection requirement – Food Store Food Scraps
21 (a) Food stores – service requirement. Commencing on June 1, 2017 food stores within the
22 City shall subscribe to a service for the collection of food scraps by a collector licensed to
23 provide such services within the City or shall obtain a variance in accordance with the following
24 provisions:
25 (1) If a food store desires not to obtain compostable collection services for any reason,
26 including space constraints, donation of all food scraps for human or animal
27 consumption, self-hauling of food store food scraps to a location or facility permitted
28 by the State of Colorado to accept such material (but not to a landfill), disposal of food
29 scraps via garbage disposal or other similar technology that processes food scraps for
30 disposal via waste water infrastructure, on-site composting or failure to generate food
31 scraps, the food store must submit a written request for variance on a form provided
32 by the City.
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1 (2) Upon receipt of such a request for variance, the Director shall either approve the
2 variance for good cause shown or disapprove the variance. If the variance is approved,
3 the food store shall not be required to obtain compostable collection services for a
4 period of twelve (12) months from the date of approval. If, after 12 months, the
5 constraints on which the variance was based still exist, the food store may submit a
6 request for an additional twelve (12) month variance.
7 (3) For purposes of this subsection, “good cause shown” shall mean evidence presented by
8 the food store that, to the reasonable satisfaction of the Director, demonstrates that
9 the customer lacks sufficient space for food scraps containers, donates all food scraps
10 for human or animal consumption, self-hauls food scraps to a facility permitted by the
11 State of Colorado to accept such material (but not to a landfill), disposes of food scraps
12 via garbage disposal or other similar technology that processes food scraps for disposal
13 via waste water infrastructure, on-site composting, or failure to generate food scraps
14 in excess of 96 gallons per week.
15 (b) Collectors – requirements. Collectors providing compostable collection to food stores shall
16 provide and food stores obtaining such services shall require collection with such frequency as
17 is necessary to present overflow of compostable containers. Service must be provided at least
18 one per week, but no less frequently that may be required by the Larimer County Department
19 of Health and Environment.
20 (c) Disposal of food scraps. Except as permitted by a variance obtained in accordance with
21 §15-414(a), a food store located within the City shall not comingle food scraps with refuse or
22 recyclable material or dispose of food scraps by any means other than at a location or facility
23 permitted by the State of Colorado to collect such material (but not to a landfill).
24 (d) Collectors – duties. All licensed collectors of food scraps operating within the City shall
25 have the following duties:
26 (1) Except as permitted by variance allowed under §15-414(a), collectors may not
27 comingle food scraps with refuse or recyclable material or dispose of food scraps by
28 any means other than at a location or facility permitted by the State of Colorado to
29 collect such material (but not to a landfill).
30 (2) A collector may establish such reasonable and industry-accepted requirements for
31 the preparation of food scraps as are necessary to provide for the orderly collection of
32 such materials, including requirements regarding the preparation of materials for
33 collection, the collection of materials, and requirements for separation.
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1 (3) All food scraps placed for collection shall be owned by and be the responsibility of
2 the customer until the materials are collected by the collector. The material then shall
3 become the property and the responsibility of the collector. No person other than the
4 customer or the collector of compostable materials shall take physical possession of
5 any such materials placed for collection.
6 Sec. 15-416. - Designation of recyclable materials and food scraps and yard trimmings.
7 (a) The City Manager shall, on or before the 30th day of November of each year, after
8 consultation with the Larimer County Board of Commissioners, the Natural Resources
9 Advisory Board and representatives of the licensed collectors operating within the City,
10 determine which items shall be designated for collection based upon the following criteria:
11 (1) Local, state and federal laws and regulations, including, but not limited to, the
12 requirements of this Article;
13 (2) Potential for waste stream reduction;
14 (3) Availability of markets;
15 (4) Market price;
16 (5) Safety factors and risks of transportation;
17 (6) Risks of commingling of liquid wastes; and
18 (7) Adherence to Hierarchy of Materials Management and Hierarchy of uses for food
19 scraps.
20 (b) Notwithstanding the foregoing, collection for recycling of electronic equipment shall be at
21 each collector's option; provided, however, that no collector providing collection services
22 for electronic equipment may dispose of any such electronic equipment, but instead shall
23 deliver any collected electronic equipment for recycling at a qualified recycling facility for
24 electronic equipment.
25 (c) The City Manager is authorized to promulgate such rules and regulations as are necessary
26 to effectuate the implementation and enforcement of this Article.
27
28 Sec. 15-417. - Application for license.
29 (a) Any person desiring to obtain a license to engage in the business of solid waste collection
30 and/or collection of recyclable materials and/or food store food scraps and/or yard
31 trimmings shall make written application to the Financial Officer on forms provided by the
32 City. All applications for renewal of a license by a licensed collector must be submitted no
33 later than November 30 in advance of the new license year. The application shall include,
34 without limitation, the following information:
35 (1) The name and address of the applicant;
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1 (2) The principal place of business for the business to be conducted;
2 (3) A list of vehicles owned and/or operated by the applicant directly in the collection of
3 solid waste, recyclables and/or food scraps and/or yard trimmings, or operated or
4 located at any time in the City during the current or pending license year, including
5 vehicle make, color, year, U.S. Department of Transportation safety inspection
6 identification number, cubic yard capacity, Colorado license plate number and empty
7 tare weight.
8 (4) A description of the system to be used to account for and charge volume-based rates
9 as required under §15-412(c), and a plan describing the structure and operation of the
10 recycling collection services to be offered to each customer class. The description of
11 the system shall include a detailed description of the means by which residential
12 customers are notified of and offered the full range of sizes of containers provided for
13 solid waste collection and those provided for curbside recycling. In addition, the
14 description shall provide sufficient detail to allow the Financial Officer to determine
15 the means by which volume-based rates are applied to residential customers receiving
16 waste-hauling services through any group account, such as the formula used to set
17 volume-based rates for any group accounts, and the methods used to offer and
18 account for the volume-based charges.
19 (5) All information required pursuant to §15-418(a) for the preceding twelve-month period.
20 (b) The Financial Officer shall determine whether an application meets the requirements of
21 this Article, and whether all taxes, fees, penalties, interest or other financial obligations to
22 the City of the applicant or any predecessor in interest of the applicant have been met, and
23 whether the applicant is in current compliance with the requirements of this Article . The
24 Financial Officer may request such additional information as he or she deems relevant to a
25 determination of whether the requirements of this Article will be met by the applicant. The
26 Financial Officer may deny any application if the Financial Officer reasonably determines
27 that any requirements of this Article will not be met by the operation proposed by the
28 applicant, or if the applicant is ineligible for a license under the terms of a revocation
29 determination by the City Manager pursuant to §15-426.
30 (c) Upon a determination by the Financial Officer of whether a license shall issue under this
31 Section, the Financial Officer shall give written notice to the applicant of his or her decision
32 thereon. An applicant whose application has been denied may, within twenty (20) days
33 after such decision is mailed, petition the City Manager for a hearing on the denial. The City
34 Manager shall notify the applicant in writing of the time and place of the hearing. After
35 such hearing, the City Manager shall make such order in the matter as he or she deems just
36 and proper and shall furnish a copy of such final order to the applicant.
37 Sec. 15-418. - License requirements; fees and insurance.
38 Upon approval of a license application, but prior to issuance, the collector shall furnish to the
39 Financial Officer the following:
17
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1 (1) A license fee in the sum of one hundred dollars ($100.) for each vehicle required to be
2 identified under §15-415(a); and
3 (2) Proof that the collector has obtained a general comprehensive liability/automobile
4 insurance policy protecting the collector from all claims for damage to property or for
5 bodily injury, including death, which may arise from operations under or in connection
6 with this license and providing limits of coverage of not less than five hundred
7 thousand dollars ($500,000.) for bodily injury and property damage per occurrence or
8 in the aggregate.
9 (3) Proof that each vehicle required to be identified under §15-415(a) has been registered
10 with the U.S. Department of Transportation.
11 Sec. 15-419. - Term of license.
12 All licenses issued pursuant to this Article shall run from the date of issuance until the 31st day
13 of December of the year in which such license is issued. All licenses shall expire on December 31
14 of each year. Licenses are not transferable.
15 Sec. 15-420. - Plans, recordkeeping and reports.
16 (a) Each collector must accurately and completely account for and record, and report to the
17 City using a form provided by the City, the following:
18 (1) The specific manner in which trash collection, recycling services and collection of food
19 scraps and collection of yard trimmings have been delivered in compliance with this
20 Article, including, but not limited to, a complete list of all rate schedules used to
21 charge for such services, including those offered to individual customers and those
22 offered to group accounts, as well as the frequency of collection;
23 (2) A description of any system used to impose and verify charges for volumes in excess of
24 customer subscription levels;
25 (3) The number of individual residential, multi-family and commercial customers who
26 received collection services from the collector, by category, together with the number
27 of group accounts within each category and the number of any such customer
28 category that received services through a group account;
29 (4) The number of customers within each category that subscribe to each level of solid
30 waste and recycling services, and the number of recycling poly-carts provided to
31 customers, by size of poly-cart;
32 (5) Copies of all applications for and documentation pertaining to all requests for variance
33 pursuant to §15-413(b)(3) or 15-415(a) above;
34 (7) Number of tons of compostable materials collected in the City from all food store
35 customers; and
18
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1 (8) The weight of all materials collected shall be documented and verified based on actual
2 load weight measurements.
3 (b) Such reports shall be made on forms to be provided by the City and shall be made for each
4 full half-year of collection performed by the collector. A half-year shall mean January 1
5 through June 30 or July 1 through December 31. All such reports shall be submitted to the
6 City Manager no later than thirty (30) days following the close of each half-year.
7 (c) In addition, prior to implementation of any change to operational systems, plans or
8 structures of any licensee which are required to be reported for issuance of a license or
9 annually hereunder, the collector must submit such changes to the City for review.
10 (d) All information submitted to the City pursuant to this Section shall constitute public
11 information, except as otherwise provided in the Colorado Open Records Act. Any such
12 information constituting confidential customer records or financial proprietary information
13 and identified as such by the licensee shall be maintained as confidential by the City, unless
14 otherwise required by court order or as agreed by the relevant party-in-interest. If the City
15 receives a request for public inspection or a request for release of any collector customer
16 records or collector financial information to a third party, the City shall provide timely
17 notice of such request to the licensee.
18 (e) Each collector licensed pursuant to this Article shall maintain accurate and complete
19 records of the service provided to each customer, the charges to such customer and
20 payments received, the form and recipients of any notice required pursuant to this Article,
21 and any underlying records, including any books, accounts, contracts for services, written
22 records of individual level of service requests, invoices, route sheets or other records
23 necessary to verify the accuracy and completeness of such records. It shall be the duty of
24 each collector to keep and preserve all such documents and records, including any
25 electronic information, for a period of three (3) years from the end of the calendar year of
26 such records, except for paper records of route sheets, which may be discarded one (1)
27 year after the end of the calendar year of such route sheets.
28 (f) Promptly upon a request by the City Manager in connection with an audit or other
29 investigation he or she has initiated, a licensee shall make records retained pursuant to
30 §15-420(d) available, at its place of business or in such other reasonably convenient
31 location as the licensee shall specify, for review by the City Manager, the Financial Officer
32 or his or her designee, or an officer of the City charged with the investigation of potential
33 violations of the Code, for the purpose of enforcing the requirements of this Article.
34 (f) A licensee shall make available for review by the City such records in its possession as may
35 be relevant to the investigation of any complaint regarding such licensee that has been
36 submitted to the City or is under investigation by the City.
37 (g) All collectors shall accurately and completely report to the City the following information,
38 which shall be deemed to constitute public information:
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1 (1) Number of tons of solid waste collected in the City from all residential, multi-family
2 and commercial customers, and any other customer category, reported by category of
3 customer. The weight of solid waste collected shall be documented and verified based
4 on actual load weight measurements.
5 (2) Number of tons of each type (as determined by the City Manager pursuant to §15-418)
6 of recyclables collected through the commercial and multi-family recyclables collection
7 program.
8 (3) Number of tons of each type (as determined by the City Manager pursuant to §15-418)
9 of household recyclables collected through the curbside recyclables collection
10 program.
11 (4) Number of tons of each type (as determined by the City Manager pursuant to §15-418)
12 of recyclables collected by drop-off system.
13 (5) Number of tons of compostable materials collected in the City from all food store
14 customers.
15 (6) The weight of solid waste collected shall be documented and verified based on actual
16 load weight measurements.
17 Such reports shall be made on forms to be provided by the City and shall be made for each full
18 half-year of curbside collection performed by the collector. A half-year shall mean January 1
19 through June 30 or July 1 through December 31. All such reports shall be submitted to the City
20 Manager no later than thirty (30) days following the close of each half-year.
21 Sec. 15-421. - Disposal of solid waste.
22 All persons holding licenses pursuant to this Article and engaged in the business of collection of
23 solid waste shall dispose of all such refuse and solid waste at the Larimer County Landfill or at
24 any other disposal site which is approved by any state. No solid waste shall be disposed of at
25 any other location either inside or outside of the City.
26 Sec. 15-422. - Identification of vehicles.
27 Each vehicle used in the solid waste, recyclable or compostable materials collection business
28 shall bear an identification sticker issued by the Financial Officer in a conspicuous place upon
29 the vehicle, which identification sticker shall be issued by the Financial Officer at the time the
30 license is granted.
31 Sec. 15-423. - Hours of operation.
32 No collector shall operate any vehicle for the purpose of collection of solid waste, recyclables,
33 food scraps or yard trimmings on any street designated by the City as "local residential" or
34 "residential collector" between the hours of 7:00 p.m. and 7:00 a.m. (the "Nighttime Hours").
20
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1 Sec. 15-424. - Investigation of reports, records and other items relating to compliance with
2 this article.
3 For the purpose of ascertaining the correctness of any reports, plans or other documents
4 submitted or required to be prepared and maintained by a licensed collector pursuant to this
5 Article XV, or for the purpose of determining compliance with any requirements of this Article
6 XV of any person, whether or not the same is licensed under this Article XV, the City Manager
7 may hold investigations, including audits, and hearings concerning any matters covered by this
8 Article, and may examine any relevant books, papers, records or memoranda of any such
9 person and may require the attendance of such person, or any officer or employee of such
10 person, or of any person having knowledge of transactions involved, and may take testimony
11 and proof of the information. The City Manager shall have the power to administer oaths to
12 such persons. Except for routine or random audits, any such investigation shall be based upon
13 reasonable suspicion of a violation as determined by the City Manager. The City Manager shall
14 provide advance notice to the affected collector of his or her intent to conduct an investigation
15 under this Section, unless the City Manager determines that provision of such notice may
16 compromise the purpose of the investigation.
17 Sec. 15-425. - Subpoenas and witness fees.
18 All subpoenas issued under the terms of this Article may be served by any person over the age
19 of eighteen (18) years. The fees of witnesses for attendance in response to a subpoena shall be
20 the same as the fees of witnesses before the District Court, such fees to be paid when the
21 witness is excused from further attendance. When the witness is subpoenaed at the instance of
22 the City Manager, such fees shall be paid by the City, but when a witness is subpoenaed at the
23 instance of any other party to such proceeding, the City Manager may require that the cost of
24 service of the subpoena and the fee of the witness be borne by the party at whose instance the
25 witness is summoned. In such case, the City Manager, in his or her discretion, may require a
26 deposit to cover the cost of such service and witness fees prior to issuing such subpoenas. A
27 subpoena issued as aforesaid shall be served in the same manner as a subpoena issued through
28 a court of record.
29 Sec. 15-426. - Attendance of witnesses and production of evidence to be compelled by
30 municipal or district judge.
31 Any Judge of the Municipal Court or the District Court, upon the application of the City
32 Manager, may compel the attendance of witnesses, the production of books, papers, records or
33 memoranda and the giving of testimony before the City Manager, by an action for contempt or
34 otherwise in the same manner as the production of evidence may be compelled before such
35 court.
36 Sec. 15-427. - Depositions.
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1 The City Manager, or any party to an investigation or hearing before the City Manager, may
2 cause the deposition of witnesses residing within or without the State to be taken in the
3 manner prescribed by law for depositions in civil actions in courts of this State and to that end
4 compel the attendance of witnesses and the production of books, papers, records or
5 memoranda.
6 Sec. 15-428. - Suspension or revocation of license.
7 The City Manager may, after written notice of no less than ten (10) days and an opportunity for
8 a hearing if requested by the licensee within twenty (20) days of such notice, suspend or revoke
9 any license issued under this Article as he or she determines reasonably appropriate upon a
10 finding that the licensee has failed to comply with any provision of this Article or has violated
11 other applicable laws intended to protect public health, safety or the environment. No period
12 of suspension shall exceed six (6) months in duration. In the event of a revocation of a license,
13 the City Manager may further declare such licensee ineligible for licensure under this Article for
14 a period of up to one (1) year from the date of revocation, if he or she reasonably determines
15 that the circumstances so warrant. In lieu of suspension or revocation of a license under this
16 Section, or as a condition of future eligibility for licensure, if a licensee is declared ineligible for
17 the same, the City Manager may establish reasonable terms and conditions for continuation of
18 a license or such future eligibility. A license shall be subject to immediate suspension in the
19 event of violation of any such terms and conditions for continuation of a license.
20 Sec. 15-429. - Notices.
21 All written notices required to be mailed, served or given to any person under the provisions of
22 this Article shall be hand delivered or mailed, postage prepaid, addressed to such person at the
23 last known address of such person on file with the City and shall be deemed to have been
24 received by such person when so mailed or delivered.
25 Sec. 15-430. - Review of decisions of the city manager.
26 The licensed collector or other person subject to final action of the City Manager under this
27 Article may apply for review of such action in the Larimer County District Court in accordance
28 with Rule 106 of the Colorado Rules of Civil Procedure. The review must be sought no later than
29 thirty (30) days after the date of the decision to be reviewed.
30 Sec. 15-431. - Violations.
31 It shall be unlawful for any person to:
32 (1) Fail or refuse to make or file any record, report, application or other document
33 required to be made or filed by this Article or to make any false or fraudulent record or
34 report or any false or fraudulent statement in any such document;
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1 (2) Operate as a collector within the corporate limits of the City without the license
2 required by this Article or to continue to do business during a period of suspension of
3 such license or after such license is revoked; or
4 (3) Aid or abet another in any attempt to evade any requirements imposed by this Article.
5 Sec. 15-432. - Other remedies unaffected.
6 Nothing in this Article shall be construed to limit or forbid the City or any other person from
7 pursuing any other remedies available at law or in equity to enforce the provisions of this
8 Article, including, without limitation, the prosecution of violations of this Article pursuant to §1-
9 15 of this Code.
10
11
12
13
14
23
Environmental Services Department
215 North Mason
PO Box 580
Fort Collins, CO 80522
970.221.6600
970.224.6177 Fax
fcgov.com/environmentalservices
MEMORANDUM
Date: January 29, 2016
To: Mayor and City Councilmembers
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: Work Session Summary – Jan. 26, 2016 re: Community Recycling
Ordinance
Jeff Mihelich and Caroline Mitchell presented options for a Community Recycling Ordinance. All
City Councilmembers were present.
DISCUSSION
Item 1: Changes to the price difference between trash can sizes (a.k.a. incline rate) for
single-family homes (Pay-As-You-Throw (PAYT) ordinance)
General support expressed for continuation of the PAYT structure for single-family homes
Concern exists regarding the volatility of the tip fee for recyclables in the last 12 months
Interest in collaborating with the Larimer County Commissioners to explore options for the
Larimer County Recycling Center
Councilmembers made a number of requests for more information, including:
o How much of the haulers’ costs consist of the tip fees they pay for trash or
recyclables
o Cost / benefit analysis for the community regarding this topic
o Waste stream analysis and life-cycle analysis to better understand what is being
thrown away and what the best use of those materials can be
o Further information regarding the frequency with which the 95% of single family
homes that subscribe to recycling service place their recycling bin our for service
(a.k.a. a set out survey)
o The confidence interval for the recycling impacts expected from the incline rate
options
Some Council members suggested 80% incline rate and a separate fee, not bundled, to
show recycling tip fee. Talk again with haulers to seek consensus. Come back again
with a proposal.
Discussion confirmed that the City does not set the rates for the haulers, nor limit their
ability to adjust their rates, as long as their rates follow the PAYT parameters. Haulers
have the ability to show the costs they incur for recycling service or other components on
the overall bill. Under PAYT, residents must still pay the entire bill.
Interest in further education efforts, including shorter videos with simplified messaging to
prevent contamination
ATTACHMENT 6
2
Item 2: Options for organics collection from residents of single-family homes
Several Councilmembers indicated they don’t think the City should move forward with
food scraps collection at this time
Some Councilmembers expressed interest in seasonal weekly yard trimmings collection
Councilmembers made a number of requests for more information, including:
o Cost-benefit analysis that can be shared with the public to better demonstrate why
this addition to the basic residential service will be beneficial
o Greenhouse gas reductions and their relationship to overall greenhouse gas
reduction goals
o Clarification of the transportation-related impacts (miles traveled, greenhouse gases)
of alternatives
o The percentage of homes serviced by landscaping companies
o The amount of yard trimmings currently being landfilled by the community
o Capital costs for the haulers to provide organics service
Item 3: Phase-in options for elements of Community Recycling Ordinance
Support was expressed for an 18-month phase-in period for multi-family recycling
o Assuming the City provides assistance with implementation to properties
Some Councilmembers expressed support for phase-in timelines for organics recycling
at restaurants and grocers, and seasonal single family yard waste
Some Councilmembers would like staff to meet with haulers again to reach a consensus
on phase-in timelines for business recycling, residential organics, and food scraps
collection from restaurants and grocers
FOLLOW UP
Staff has verified that the recyclables from the City’s Recycling Drop-off Center (a.k.a.
Rivendell) are delivered to the Larimer County Recycling Center, taken to the Franklin
Street Materials Recovery Facility in Denver to be processed, and then marketed by
Waste Management / Recycle America.
Staff verified that glass currently deposited in the single-stream recycling is used for
drainage projects at the Denver Area Disposal Site and is not brought back to Larimer
County. Once a glass beneficiation facility opens in Broomfield (anticipated Q3 2016),
glass is anticipated to be sent there for cleaning and then recycled into new bottles.
Staff verified that capital costs, equipment costs and staffing costs to implement
programs were included in the estimates provided to staff in the agenda materials.
Regarding the request for staff to follow up with Transfort regarding recycling on Max
busses: Environmental Services staff had spoken to Transfort staff on this topic prior to
the Max being in operation. They were informed that Transfort’s policy is to provide
minimal disposal containers on the bus in order to discourage riders from bringing
disposables on board. The design of the bus does not accommodate bins other than a
small bin near the driver. Environmental Services staff also recommended the addition of
recycling bins to Max bus stops and will follow up again with Transfort staff.
NEXT STEPS
Short-term Actions
Explore options for including a fee separate from the combined trash / recycling (PAYT)
charge for single-family residents with counsel from the City Attorney’s Office
Conduct research listed above, as directed by City Manager. Seek additional technical
expertise and resources as needed to accomplish studies.
Continue to actively seek consensus with the haulers.
3
City Manager will meet with trash haulers to understand if they support the Road to Zero
Waste goals and seek their suggestions regarding best ways to accomplish the goals.
Staff will check again with Transfort regarding options for offering recycling on the Max
bus
Continue seeking opportunities to provide recycling education, including videos and
public service announcements.
Share WARM model with Council
Longer-Term Actions
Explore collaboration with Larimer County regarding options for the Larimer County
Recycling Center
Staff will explore opportunities for conducting a set out survey in 2016
Conduct a waste stream analysis and consider life-cycle analysis.
Environmental Services
215 N. Mason
PO Box 580
Fort Collins, CO 80522
970.221-6600
970.224-6177 - fax
fcgov.com
MEMORANDUM
Date: October 15, 2015
To: Mayor and City Councilmembers
Thru: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Lucinda Smith, Environmental Services Director
Susie Gordon, Sr. Environmental Planner
From: Caroline Mitchell, Environmental Planner
Re: 10/13/15 Work Session Summary – Community Recycling Ordinance
Jeff Mihelich, Lucinda Smith, and Caroline Mitchell presented options for a Community Recycling Ordinance. All City
Councilmembers were present. A Community Recycling Ordinance would potentially update the Pay-As-You-Throw
ordinance as it applies to single-family homes, include multi-family and commercial locations in the ordinance, and
provide organics collection for composting.
General Comments
Councilmembers generally expressed support for the multi-family & commercial and organics options
Council members had questions about the single-family Pay-As-You-Throw system, including
o The benefit and ability of haulers to show customers the cost for providing recycling service
o The benefit of requiring a certain percentage increase between sizes of trash carts
Be sure to recognize the role of the private sector in providing trash and recycling service in Fort Collins
Next steps
Staff will meet with trash haulers to understand their perspectives and aim to come to an agreement about the
single-family Pay-As-You-Throw systems. Potential changes to the start date of seasonal yard trimmings collection by
haulers will also be discussed. Staff will report back to Council via memo following that meeting.
o If that result is supported by Council, staff will draft an ordinance with the recommendations from the
Community Recycling Ordinance to bring to a regular Council meeting.
Further research anticipated impacts to Fort Collins’ recycling rate from various options of the Pay-As-You Throw
ordinance for single-family homes
o Include comparable communities to Fort Collins and share with Council
Continue to evaluate and report back on the overall greenhouse gas impacts of Community Recycling Ordinance
options, including composting options
Additional Information regarding questions from Council
Clarification of verbiage allowed in trash haulers’ communications to customers was provided in a memo to Council on
10/15/15
Fort Collins residents’ subscription to trash container sizes
o 96 gallons: 27%; 64 gallons: 36%; 32 gallons: 36%; bag service / intermittent: 1%
ATTACHMENT 7
1
Community Recycling Ordinance
Jeff Mihelich & Caroline Mitchell
6-28-16
ATTACHMENT 8
Presentation Overview
1) Related goals
2) Direction from work session on Jan 26, 2016
3) Community Recycling Ordinance package resulting from consensus
with haulers
2
Council-Adopted Goals
Road to Zero Waste Goals
• 75% diversion by 2020
• 90% diversion by 2025
• Zero waste by 2030
3
Climate Action Goals
• 20% reduction by 2020
• 80% reduction by 2030
• Carbon neutral by 2050
Fort Collins
Community Diversion Rate
59% 63%
69%
58%
32% 33% 34% 33%
0%
10%
20%
30%
40%
50%
60%
70%
80%
2012 2013 2014 2015
Total
Community
Residential +
Commercial
Only
4
Update since last Council work session
5
• Received direction from Council to draft a package in
consensus with Fort Collins trash / recycling haulers.
• Each hauler expressed support for the City’s zero waste goals.
• Staff met with haulers and generated consensus
• Updated draft code language, discussed with haulers
Questions for Council
Does Council have feedback regarding the
1) Allowance of service surcharge for single family service?
2) Lower price differential between trash can sizes for single
family service?
3) Overall updated package of Community Recycling Ordinance
elements?
6
7
1) Recycling service included with trash service; cost embedded
2) Trash pricing based on volume of trash can subscription
• Currently 100% price difference
Current Pay-As-You-Throw Requirements
$13
$39
$26
*Rates are for example. Actual rates set by haulers.
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
8
$ 3
$ 3 $ 3
*Rates are for example. Actual rates set by haulers.
75% Price Difference
Between Trash Cart Sizes
• Decreases price difference between trash cart sizes
from 100% to 75%
• Increases cost for smallest trash cart,
decreases price for largest cart
9
$14
$36
$25
*Rates are for example. Actual rates set by haulers.
+$1
-$1
-$3
+$11 +$11
Price Differentials in
Residential Pay-As-You-Throw
10
Service surcharge
*Rates are for example and are rounded. Actual rates set by haulers.
75% price difference
75% price difference + service
surcharge
$3
$14
$18
$40
$29
$25 $36
$3 $3
(percent price increase in red)
up to 25% of cost of smallest cart
39% 12% 6%
11
75% Price
Differential for
Single-Family
Service
Surcharge
Optional Single-
Family Yard
Trimmings Grocer
Composting
Multi-Family &
Commercial
Recycling
-5,000
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
Other Ordinance Changes
Education from haulers to customers
• Has been once / year, includes recycling
guidelines and PAYT info
12
Contracts with Home Owners’ Associations
• Requires contracts to be in writing
Ø Allows City to follow up on complaints
and conduct periodic audits
Ø Now graphics provided by City
Ø Can be website printed on paper bills,
on electronic bills
13
Presented at 10/13/15 Work Session Current Consensus Package
Single-Family
Trash / Recycling
(Pay-As-You-Throw)
• Price difference 80%
• Immediately
• Price difference 75%
• Add service surcharge
• Immediately
Single-Family
Yard Trimmings
Collection
• Haulers offer yard trimmings
collection Apr-Nov, opt-in
• April 2017
Same
Multi-Family
Recycling
• Bundle recycling into trash service
• June 2017 (new cust. now)
• Require recycling with trash service
• 2022 (new cust. now)
Business Recycling
• Bundle recycling into trash service
• June 2017 (new cust. now)
• Require recycling with trash service
• 2022 (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
Questions for Council
Does Council have feedback regarding the
1) Allowance of service surcharge for single family service?
2) Lower price differential between trash can sizes for single
family service?
3) Overall updated package of Community Recycling Ordinance
elements?
14
15
75% price
differential for
single-family
Service
Surcharge
Optional Single-
Family Yard
Trimmings
Multi-Family &
Commercial
Recycling
Grocer
Composting
Restaurant
Composting
Bundled Single-
Family Yard +
-5,000 Food
0
5,000
10,000
15,000
20,000
25,000
Estimated Annual Tons Diverted by CRO Elements
16
Cart size Price with
service
surcharge
included
Percent
change from
current
Rough modeled
diversion impact
75%
price
differential
32 gal $18 39% -1500 to -2500 tons
(-15% to -23% of single-family
recycling)
64 gal $29 12%
96 gal $40 6%
80%
price
differential
32 gal $18 35% -1200 to -2000 tons
(-12% to -20% of single-family
recycling)
64 gal $29 11%
96 gal $40 2%
100%
price
differential
32 gal $16 25% same to -600 tons
(same to -6% of single-family
recycling)
64 gal $29 12%
96 gal $42 8%
17
Recommended Phase-in
Commercial
Recycling: 2022
(20% per year 2018-2022)
Multi-Family
Recycling: 2022
Single-Family
Yard Trims:
Apr 2017
Grocer
Composting:
2017
0 1 2 3 Years 4 5 6 7
(-12% to -20% of
single-family recycling)
(same to -6% of
single-family recycling)
ATTACHMENT 3
requirement upon adoption
Grocer Composting
x Require grocers have compost collection
x Implementation: 2017
x 2019 implementation x Implementation: 2017
Restaurant
Composting
x Require restaurants have compost
collection
x Implementation: 2018
x 2019 implementation 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
x Consideration of collecting yard
trimmings only or food + yard trimmings
together
x Consideration of collection seasonally
Suggested for consideration in the future
ATTACHMENT 2
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 0.6% diversion
rate increase
o 1% of tons needed
for 2020 goal
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% 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
Removed from
package: Collect all-
organics from all single-
family homes year-
round (bundled)
o 23,700 tons
o 7.1% diversion
rate increase
o (41% 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.
Removed from
package: Require food
scraps subscription
from restaurants
o 24,500 tons
o 7.3% 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.
*based on rough calculations 1
ATTACHMENT 1