HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2019 - ITEMS RELATING TO SOLID WASTE PROGRAMMING AND INFRAgenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY March 5, 2019
City Council
ITEM WITHDRAWN FROM CONSIDERATION
STAFF
Honore Depew, Senior Sustainability Specialist
Jackie Kozak-Thiel, Chief Sustainability Officer
Jeff Mihelich, Deputy City Manager
Lucinda Smith, Environmental Services Director
Judy Schmidt, Legal
SUBJECT
Items Relating to Solid Waste Programming and Infrastructure Improvements.
EXECUTIVE SUMMARY
A. Resolution 2019-033 Authorizing the Execution of an Intergovernmental Agreement for Solid Waste
Programming and Infrastructure Improvements.
B. First Reading of Ordinance No. 044, 2019 Amending the Code of the City of Fort Collins to Direct Mixed
Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste
Processing Facility, Upon Its Completion.
The purpose of this item is to consider joining an Intergovernmental Agreement (IGA) with Larimer County and
other Regional Wasteshed Coalition partners for solid waste infrastructure proposed in a 2018 Larimer County
Master Plan (resolution), and consider an ordinance directing all mixed loads of construction and demolition
waste to a future County-owned sorting facility, once that facility is built (ordinance).
The proposed intergovernmental agreement with Larimer County provides a framework for future infrastructure
development to be triggered by policy actions (including but not limited to flow control) taken by Fort Collins and
the other parties, but the agreement does not obligate the communities to take such measures. Not all parties
must adopt flow control policies for each material to trigger the obligation to construct the corresponding facility.
Adopting the building code changes would cause Larimer County to begin development of a sorting/recycling
facility for construction and demolition waste.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
History of Council Involvement
Staff has provided updates throughout this project to City Council including:
Regular meeting in January 2017,
Futures Committee in April 2017,
Council Finance Committee in July 2018, and
Work sessions in January, May, and December 2018, and February 2019. (Attachment 2)
Agenda Item 18
Item # 18 Page 2
At the January 15, 2019 regular meeting Council approved a resolution supporting the Integrated Solid Waste
Master Plan and directing staff to develop an intergovernmental agreement and specific code changes for review
(Attachment 3).
In addition, Fort Collins City Council is represented on the Policy Advisory Committee of the Wasteshed Coalition
by Mayor Troxell and Councilmember Cunniff.
During the February 12, 2019 work session Council expressed project support and gave direction to prepare a
resolution to adopt a Solid Waste Intergovernmental Agreement and an ordinance to amend the Fort Collins
building codes at the March 5, 2019 regular meeting.
Master Plan
On December 19, 2018 the Larimer County Planning Commission unanimously approved a Solid Waste
Infrastructure Master Plan (Master Plan) that establishes a road-map for creating recycling and waste diversion
facilities, fully funded by Larimer County without requiring financial investment from the City of Fort Collins. The
Master Plan is the result of a three-year regional collaboration to improve the local waste and recycling system
and it provides strategic implementation opportunities for Fort Collins’ Zero Waste goals.
The Master Plan proposes new solid waste facilities and infrastructure (funded by Larimer County) and
supportive policies (adopted by all parties). While Larimer County has the funding to build new resource recovery
facilities, municipal partnerships and policies are needed to make sure there is enough material generated to
make these regional assets work.
Resolution - Intergovernmental Agreement
The Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements (IGA) outlines
how the communities will work together to trigger infrastructure development through a combination of code
changes and programs to drive waste materials to resource recovery facilities. The IGA does not commit the
communities to adopting the policies, but clarifies that the food scrap composting, construction and demolition
sorting facility, and the recycling center upgrade will not be constructed unless supportive policies are adopted.
Obligations of Larimer County:
o fund, construct, own, and manage new “Tier 1 Facilities”, including central transfer station, new
County landfill, yard waste composting facility, construction and demolition waste processing
facility, and food waste composting facility
o develop and construct the Tier 1 Infrastructure Facilities to manage solid waste that include a
Central Transfer Station and New County Landfill to be operational prior to the closure of the
current Larimer County Landfill
o sets thresholds for policy adoption necessary to initiate construction of the food scrap
composting, construction and demolition waste processing facility, and recycling center upgrade
Obligations of All Parties:
o Operate and maintain their respective solid waste management facilities – including Estes Park
Transfer Station, Fort Collins Timberline Recycling Center and Crushing Operations Site,
Loveland Recycling Center and collection vehicles owned by Loveland, and the Larimer County
Solid Waste Infrastructure System (including central transfer station and new landfill)
o consider policies to support the new “Tier 1” resource recovery facilities
o participate in a County-led solid waste Policy Council
including one elected official and one additional appointee
o provide services of one or more employees for technical staff support to the Policy Council
o implement hauler licensing programs meeting minimum requirements and manage/enforce
them with reasonable diligence
o coordinate data collection and public outreach
Agenda Item 18
Item # 18 Page 3
Under the Resolution, Fort Collins consents to the Town of Wellington as an additional party to the IGA if it
so chooses (Town has indicated its intent to join).
The policies to support new Tier 1 resource recovery facilities” to be adopted by the parties include measures to
direct a reasonably anticipated minimum amount of material to certain facilities (i.e., flow control). The IGA
requires parties to consider such policies – so whether or not to enact a flow control ordinance is within the
discretion of each jurisdiction. If a jurisdiction adopts such a policy that will provide the reasonably anticipated
minimum of materials, then that triggers the County’s obligation to construct the relevant facility. Not all
communities must adopt flow control for each material to trigger this obligation with respect to the corresponding
facility. Loveland’s agreement to direct all of its yard waste to the future County facility meets the minimum to
compel the County to construct that facility (both obligations are already included in the IGA for this reason). Fort
Collins’ staff proposes to adopt the Construction and Demolition Waste policy set forth in the Ordinance to meet
the “reasonably anticipated minimum” and trigger the County’s obligation to construct the relevant facility even
before other jurisdictions have done similarly. Staff from Loveland and Larimer County intend to bring forth to
their boards flow control policies for construction and demolition waste as well as for curbside recyclables in the
near future.
Ordinance No. 044, 2019 - Construction and Demolition Waste Recycling Code Change
One of the policy opportunities outlined in the Master Plan would be enacted through this ordinance to amend
Fort Collins building codes. Flow control is a legal requirement that all material of a certain type be taken to a
specific facility. In this case, the changes to the Fort Collins building codes would direct all mixed loads of
construction and demolition waste to a future County-owned sorting facility, once that facility is built.
Current Situation
The Fort Collins building code currently requires the recycling of four materials (wood, aggregates, metal, and
cardboard) demonstrated through an official construction waste management plan. This means that building
sites often have as many as five separate bins to manage waste (the four recyclable materials and one for trash).
Proposed Policy
Flow control would direct all mixed loads of construction and demolition (C&D) debris, including recyclable and
non-recyclable materials, to the County-owned C&D sorting facility. The policy would only come into effect once
the Construction and Demolition Debris Sorting Facility is constructed and would be in place for a period of 10
years. The primary goal of the policy is to promote the health, safety and welfare of citizens by diverting
recyclable materials from the new landfill (maximizing its lifetime) and ensure enough material is delivered to the
C&D sorting facility for it to be operational and to have enough output to kick start regional end markets.
Because the IGA sates that having minimum volumes of waste material will trigger the construction of a new
sorting facility, this one policy change in Fort Collins alone (which is reasonably anticipated to meet the minimum
volume) can initiate and move the C&D sorting facility to the “build list”.
It is important to note that the existing system would remain an option for builders. Flow control would not apply
to recyclables sorted on site (as is the practice currently), but it would allow “all-in-one-bin” service for collection
of mixed loads of trash and recyclables from building sites that want that option.
Key takeaways for C&D flow control policy
All co-mingled loads of C&D trash and recycling debris from building sites would have to go to a specific,
County-owned facility
Although the building code would change now, the requirement would only be triggered by completion of an
operational facility (by 2023)
Requirement would be in effect for ten years from when the new facility begins accepting materials
Code change would apply to the same sizes and types of projects as current recycling requirements
Agenda Item 18
Item # 18 Page 4
New system would provide the convenience of “all in one bin” collection service
Options still remain; separating recyclables on site would be permissible under code amendments
Additional Relevant Analysis
A Triple-Bottom Line Scan of the proposed project outcomes was conducted in 2018. See Wasteshed TBL-Scan
Summary (attachment 4) for results.
A “waste characterization” study of material accepted for disposal at the Larimer County Landfill was conducted
in 2016 (attachment 5). A major finding was that organics (yard trimmings and food scraps), as well as
construction and demolition materials, offer a significant opportunity for waste diversion from landfill. Using 2017
totals, diverting the compostable/recyclable portion of the C&D portion of the waste stream represents a third of
the progress needed to meet our community Zero Waste goal for 2025 (90% landfill diversion rate).
CITY FINANCIAL IMPACTS
Regional collaboration for solid waste planning, spurred by the Larimer County Landfill nearing capacity (in
2024), has resulted in a master plan for infrastructure that will divert significant waste from landfills without capital
investment from the City of Fort Collins. Council Finance Committee discussed the project on July 16, 2018.
(Attachment 6)
BOARD / COMMISSION RECOMMENDATION
The Natural Resources and Air Quality Advisory Boards expressed support for adopting a regional
Intergovernmental Agreement for solid waste in letters to Mayor and City Council Members dated November 28
and December 28, 2018. (Attachment 7)
PUBLIC OUTREACH
A Stakeholder Advisory Group met seven times between May 2017 and September 2018 to provide input
and review technical and policy information produced by coalition staff.
o Over 50 stakeholders were invited to participate from key sectors including: the business
community, academia, regional governments, waste haulers and recyclers, boards and
commissions, state agencies, and advocacy groups.
Coalition staff met directly with local hauling companies throughout the project, both individually and as a
group, to discuss impacts on their operations. Hauler meetings were held in May, July, and December of
2018.
Staff presented updates to the Local Legislative Affairs Committee of the Chamber of Commerce in January,
April, and November 2018.
Staff solicited targeted feedback on the building code changes from key stakeholders in the building and
hauling sectors during the summer 2018.
Four public meetings in an open house format were held in May 2018 throughout the County and an
informational webpage has been maintained at www.fcgov.com/wasteshed.
See Public Engagement Summary Wasteshed. (Attachment 8)
Agenda Item 18
Item # 18 Page 5
ATTACHMENTS
1. Regional Wasteshed Planning Overview (PDF)
2. Work Session Summaries (PDF)
3. Resolution 2019-010 (PDF)
4. Triple Bottom Line (PDF)
5. 2016 Waste Sort Summary (PDF)
6. Council Finance Committee minutes, July 16, 2018 (PDF)
7. Board Letters of Support (PDF)
8. Public Engagement Summary (PDF)
9. Powerpoint Presentation (PDF)
NEW FACILITIES PROPOSED
NEAR EXISTING LANDFILL SITE
TRANSFER STATION
Convenient trash drop-off for both
residents and trash haulers in separate
traffic lines.
RECYCLING CENTER (UPGRADES)
Improvements to the existing facility
that handles mixed recycling.
CONSTRUCTION AND DEMOLITION
DEBRIS SORTING
A covered facility that sorts out mixed
loads of materials from building sites
(such as wood, metal, and concrete, etc.).
YARD WASTE COMPOSTING
Windrow composting system that turns
yard trimmings (leaves, branches, grass,
etc.) into a valuable soil amendment
(compost).
FOOD WASTE COMPOSTING
An enclosed composting system that
turns food scraps into a valuable soil
amendment (compost).
FREQUENTLY ASKED QUESTIONS
WOULD THE COUNTY USE MY TAX DOLLARS
TO BUILD THESE NEW FACILITIES?
No. The County would pay for the new facilities
with fees collected from past landfill users.
HOW WOULD THE PROPOSED CHANGES
AFFECT MY TRASH BILL?
Cost impacts to existing trash collection service
are expected to be very small. Future costs for
new services will vary for each community.
ARE NEW RULES NEEDED FOR WASTE HANDLING
AND DISPOSAL?
• Polices are needed to direct mixed construction
and demolition debris and mixed curbside
recyclables to the recycling centers to
kick-start markets for those materials and
encourage investment in these facilities.
• Communities would need to develop
programs and policies to encourage yard
trimmings and food scraps recycling.
• No new rules are proposed for how
or where trash is disposed.
WHAT CURRENT SERVICES WOULD REMAIN?
Larimer County would continue to host recycling
and household hazardous waste drop-off at the
new resource recovery center on West Trilby Road.
Convenient trash drop-off at the new state-of-the art
transfer station would be easily accessible to visitors.
REGIONAL WASTESHED PLANNING
The Larimer County Landfill s going to reach capacity and close by 2024. Regional governments are
proposing new resource recovery facilities and a convenient trash drop-off site to replace it.
Source: fcgov.com/recycling/publications-resources.php
FORT COLLINS’ LANDFILL WASTE 2016
COMPOSTABLE RECYCLABLE
NOT CURRENTLY RECYCLABLE
HOMES & BUSINESSES
54%
WEST TRILBY ROAD
SOUTH TAFT HILL ROAD
EXISTING LANDFILL
(will reach capacity by 2024)
RECYCLING CENTER
UPGRADES
Capital Cost $3M
TRANSFER STATION
Initial Capital Cost $15.8M
Year in Operation 2022
YARD WASTE COMPOSTING
Initial Capital Cost $11.8M*
Year in Operation 2022
*Hybrid composting
facility initial total
capital cost of 11.8M
FOOD WASTE COMPOSTING
Initial Capital Cost $11.8M*
Year in Operation 2024
CONSTRUCTION
AND DEMOLITION
DEBRIS SORTING
Initial Capital Cost $13.7M
Year in Operation 2022
INTERSECTION
IMPROVEMENT
Signaled with a turn lane
NEW LANDFILL
Initial Capital Cost $13.6M
Year in Operation 2023
25 MILES
NORTH
N
NEW SITE
ENTRANCE
REGIONAL WASTESHED RESOURCE RECOVERY CENTER
(PROPOSED)
ATTACHMENT 2
ATTACHMENT 3
Regional Wasteshed Planning
Key boundary conditions: A Larimer County master plan for solid waste infrastructure is being reviewed
by City Council. The master plan lays out commitments by the County to construct five new facilities for
solid waste disposal and recovery to serve the region. To support this project, the role of municipalities
in the region is to adopt specific policies that will deliver materials to the new County-owned resource
recovery facilities. All told, the polices, programs, and facilities that would be developed from the master
plan are projected to recover as much as 40% of what is currently landfilled in the Wasteshed. Some
user fee increases, and additional economic activity are expected as a result.
Positive
• High potential for community
greenhouse gas emissions
reduction from increased
composting opportunities.
• Opportunity for significant landfill
diversion from new facilities.
Negative
• Potential increased Truck traffic
Positive
• New/expanded business
opportunities
o Collection
o Use of recycled end
products
o Public-private partnerships
• New Infrastructure without direct
City expense
• Reinforces City’s positive brand
image of environmental
stewardship
Negative
• Limits opportunities for competing
construction waste sorting business
(for 10-years)
Positive
• Note: social impacts were recorded
with a low confidence, including
potential impacts on cost of living or
potential impacts on affordable and
attainable housing
Negative
• Note: social impacts were recorded
with a low confidence, including
potential impacts on cost of living or
potential impacts on affordable and
attainable housing
Tradeoffs
• While Larimer County has the funding to build new resource recovery facilities, municipal partnerships and policies are
needed to make these regional assets work. The tensions inherent in the needed policies and programs include
regulation of business operations and potentially changing user costs.
Mitigations
• Working through future policy development with stakeholders and conducting public engagement.
• Minimizing cost increases and addressing disproportionate impacts on low-income populations.
Key Alignment:
• Strategic Objective 4.5 – Achieve the 2020 Road to Zero Waste goals and work toward 2030 zero waste goals
• Strategic Objective 4.1 – Achieve Climate Action Plan (CAP) 2020 goals and continue progress toward the 2030 goals
• Strategic Objective 3.2 – Maintain and grow diverse employment opportunities
ATTACHMENT 4
Regional Wasteshed Planning
• Considering the triple-bottom line impacts of the various infrastructure options and scenarios was
central to the detailed analysis conducted during this planning process. The resulting benefit-cost
ratio included non-monetary social and environmental impacts which are detailed in the Wasteshed
master plan. During the development of an intergovernmental agreement and supportive policies in
2019, triple-bottom line impacts will be considered.
1
2016 WASTE SORT SUMMARY
PROJECT TITLE: Regional Wasteshed Planning
BOTTOM LINE
In 2016 a statistically significant, two-season waste characterization study (waste sort) was conducted of
material accepted for disposal at the Larimer County Landfill. Waste was randomly sampled from in-bound
trucks hauling material from Fort Collins and sorted by category and weighed. The waste sort results can be
found at www.fcgov.com/recyclingreports. The data revealed that the majority of what Fort Collins homes and
businesses are putting in the trash could be recovered and that organic material (e.g., food scraps and yard
trimmings) and building materials, in particular, offer significant opportunities for additional waste diversion
WASTE BY SECTOR
Of the 155,000 tons of material sent to landfills from Fort Collins in 2016, 40% came from industrial sources
(including construction waste); 31% came from commercial and multi-family sources; 29% came from single-
family residential sources. (See chart below.)
WASTE BY TYPE
The 2016 waste sort provided data on the composition of the landfill waste-stream from each sector. The full
waste sort report (referenced above) includes many more material categories; for this summary, materials are
consolidated into the three categories: compostable, recyclable, and not currently recoverable. (See charts on
following page.)
“Recyclable” includes materials such as bottles, cans, paper, and cardboard; “compostable” includes materials
like food scraps, leaves, and branches; “not currently recoverable” includes a wide variety of materials such as
shingles, diapers, window blinds, tarps, etc.
Industrial
40%
Commercial
31%
Residential
29%
Fort Collins Landfill Garbage by Sector, 2016
ATTACHMENT 5
2
Recyclable
31%
Not Currently
Recoverable
15%
Compostable
54%
Fort Collins Residential
Landfill Garbage Composition, 2016
Recyclable
30%
Not Currently
Recoverable
15%
Compostable
55%
Fort Collins Commercial
Landfill Garbage Composition, 2016
Recyclable
Not Currently 52%
Recoverable
21%
Compostable
27%
Fort Collins Industrial
Landfill Garbage Composition, 2016
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x ĐŽŶƐŝĚĞƌĂƚŝŽŶŽĨĞŵĞƌŐŝŶŐƚĞĐŚŶŽůŽŐŝĞƐĨŽƌƌĞƐŽƵƌĐĞƌĞĐŽǀĞƌLJ
x ƚƌŝƉůĞͲďŽƚƚŽŵůŝŶĞĂŶĚŵĂƌŬĞƚĂŶĂůLJƐŝƐŽĨŝŶĨƌĂƐƚƌƵĐƚƵƌĞŽƉƚŝŽŶƐ
x ĞdžĂŵƉůĞĂŐƌĞĞŵĞŶƚƐĂŶĚƉŽůŝĐŝĞƐƚŽƐƵƉƉŽƌƚŶĞǁĨĂĐŝůŝƚŝĞƐ
ůĞǀĞŶƉŽƐƐŝďůĞƐŽůŝĚǁĂƐƚĞŝŶĨƌĂƐƚƌƵĐƚƵƌĞŽƉƚŝŽŶƐǁĞƌĞŝĚĞŶƚŝĨŝĞĚĂƐƉŽƚĞŶƚŝĂůƉŝĞĐĞƐŽĨĂůŽŶŐͲƚĞƌŵ
ǁĂƐƚĞŵĂƚĞƌŝĂůŵĂŶĂŐĞŵĞŶƚƐLJƐƚĞŵ͕ŽŶĐĞƚŚĞ>ĂƌŝŵĞƌŽƵŶƚLJ>ĂŶĚĨŝůůŝƐĐůŽƐĞĚ͘ ĂĐŚĞůĞŵĞŶƚŚĂƐ
ďĞĞŶĐůŽƐĞůLJƌĞǀŝĞǁĞĚďLJƚŚĞŽĂůŝƚŝŽŶĂŶĚǁŝůůďĞƉƵďůŝƐŚĞĚŝŶ:ƵŶĞϮϬϭϴĂƐĂ^ŽůŝĚtĂƐƚĞ
/ŶĨƌĂƐƚƌƵĐƚƵƌĞDĂƐƚĞƌWůĂŶ͘
ŽĂůŝƚŝŽŶZĞĐŽŵŵĞŶĚĂƚŝŽŶƐ
Council Finance Committee
July 16, 2018 ATTACHMENT 6
&ŝǀĞŶĞǁĨĂĐŝůŝƚŝĞƐǁĞƌĞƐĞůĞĐƚĞĚĨŽƌƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐďĂƐĞĚŽŶĐĂƉŝƚĂůĐŽƐƚƐ͕ƚŝŵĞĨƌĂŵĞƚŽĐŽŵƉůĞƚĞ͕
ĐŽƐƚͲďĞŶĞĨŝƚƌĂƚŝŽ͕ĂŶĚƉƌŽũĞĐƚĞĚƚŝƉƉŝŶŐĨĞĞƐ͗
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ϮͿ &ůŽǁŽŶƚƌŽůĨŽƌ^ŝŶŐůĞͲ^ƚƌĞĂŵZĞĐLJĐůĂďůĞƐ
Ă͘ ZĞƐŝĚĞŶƚŝĂůĂŶĚďƵƐŝŶĞƐƐƌĞĐLJĐůŝŶŐŵƵƐƚďĞƐĞŶƚƚŽĂŽƵŶƚLJͲŽǁŶĞĚƌĞĐLJĐůŝŶŐƚƌĂŶƐĨĞƌŽƌ
ƌĞĐŽǀĞƌLJĨĂĐŝůŝƚLJ͘
ϯͿ tĂƐƚĞ^ƚƌĞĂŵĂŶŽŶzĂƌĚdƌŝŵŵŝŶŐƐ
Ă͘ 'ƌĞĞŶǁĂƐƚĞƐƵĐŚĂƐďƌĂŶĐŚĞƐ͕ůĞĂǀĞƐ͕ĂŶĚŐƌĂƐƐĐůŝƉƉŝŶŐƐŵƵƐƚŶŽƚďĞƐĞŶƚƚŽůĂŶĚĨŝůůƐ͘
/ŶƚĞƌŐŽǀĞƌŶŵĞŶƚĂůŐƌĞĞŵĞŶƚ
dŽĨĂĐŝůŝƚĂƚĞŝŵƉůĞŵĞŶƚĂƚŝŽŶŽĨƚŚĞƌĞĐŽŵŵĞŶĚĞĚŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚƉŽůŝĐLJ͕ĂŶŝŶƚĞƌŐŽǀĞƌŶŵĞŶƚĂů
ĂŐƌĞĞŵĞŶƚŝƐŶĞĞĚĞĚƚŚĂƚǁŽƵůĚůŝŬĞůLJŝŶĐůƵĚĞƚŚĞĨŽůůŽǁŝŶŐĞůĞŵĞŶƚƐ͗
ŽƵŶƚLJĐŽŵŵŝƚƐƚŽĨŝŶĂŶĐĞĂŶĚĐŽŶƐƚƌƵĐƚĨĂĐŝůŝƚŝĞƐ
DƵŶŝĐŝƉĂůŝƚŝĞƐĐŽŵŵŝƚƚŽĂĚŽƉƚƌƵůĞƐĨŽƌǁĂƐƚĞŚĂŶĚůŝŶŐ
ŽŽƌĚŝŶĂƚĞĚĚĂƚĂĐŽůůĞĐƚŝŽŶĂŶĚĞĚƵĐĂƚŝŽŶ
&ŽƌŵĂƚŝŽŶŽĨĂŶĚǀŝƐŽƌLJŽĂƌĚ
^ƵŵŵĂƌLJ
hŶƉƌĞĐĞĚĞŶƚĞĚƌĞŐŝŽŶĂůĐŽůůĂďŽƌĂƚŝŽŶĨŽƌƐŽůŝĚǁĂƐƚĞƉůĂŶŶŝŶŐ͕ƐƉƵƌƌĞĚďLJƚŚĞ>ĂƌŝŵĞƌŽƵŶƚLJ>ĂŶĚĨŝůů
ŶĞĂƌŝŶŐĐĂƉĂĐŝƚLJ͕ŚĂƐLJŝĞůĚĞĚĂƌĞĐŽŵŵĞŶĚĞĚŝŶĨƌĂƐƚƌƵĐƚƵƌĞŵĂƐƚĞƌƉůĂŶƚŽĚŝǀĞƌƚƐŝŐŶŝĨŝĐĂŶƚǁĂƐƚĞ
ĨƌŽŵůĂŶĚĨŝůůƐǁŝƚŚŽƵƚĐĂƉŝƚĂůŝŶǀĞƐƚŵĞŶƚŶĞĞĚĞĚĨƌŽŵƚŚĞŝƚLJŽĨ&ŽƌƚŽůůŝŶƐ͘dŽƐƵƉƉŽƌƚƚŚŝƐƉƌŽũĞĐƚ͕
ƚŚĞƌŽůĞŽĨŵƵŶŝĐŝƉĂůŝƚŝĞƐŝŶƚŚĞƌĞŐŝŽŶŝƐƚŽĂĚŽƉƚƐƉĞĐŝĨŝĐƉŽůŝĐŝĞƐƚŚĂƚǁŽƵůĚĞŶƐƵƌĞƚŚĞĞĐŽŶŽŵŝĐ
ǀŝĂďŝůŝƚLJŽĨŽƵŶƚLJͲďƵŝůƚƌĞƐŽƵƌĐĞƌĞĐŽǀĞƌLJĨĂĐŝůŝƚŝĞƐ͘dŚĞƉƌŽƉŽƐĞĚĨĂĐŝůŝƚŝĞƐĂƌĞƉƌŽũĞĐƚĞĚƚŽƌĞĐŽǀĞƌĂƐ
ŵƵĐŚĂƐϰϬйŽĨǁŚĂƚŝƐĐƵƌƌĞŶƚůLJůĂŶĚĨŝůůĞĚŝŶƚŚĞtĂƐƚĞƐŚĞĚ͕ĚĞůŝǀĞƌŝŶŐƵƐĞĂďůĞƉƌŽĚƵĐƚƐďĂĐŬŝŶƚŽƚŚĞ
ƌĞŐŝŽŶĂůĞĐŽŶŽŵLJĂŶĚŚĞůƉŝŶŐ&ŽƌƚŽůůŝŶƐŵĞĞƚŝƚƐŐŽĂůƐĨŽƌĞƌŽtĂƐƚĞ͘
ƌĞƐŝĚĞŶƚƐ͘
ŝƐĐƵƐƐŝŽŶͬEĞdžƚ^ƚĞƉƐ͖
<ĞŶ^ƵŵŵĞƌƐ͖ǁŚĂƚŝƐƚŚĞĂŶƚŝĐŝƉĂƚĞĚůŝĨĞĨŽƌƚŚĞŶĞǁĨĂĐŝůŝƚLJ͍
,ŽŶŽƌĞĞƉĞǁ͖/ƚǁŝůůďĞĚĞǀĞůŽƉĞĚŝŶƉŚĂƐĞƐͲWŚĂƐĞϭ͖ďƵŝůĚŽƵƚĨŽƌƚŚĞĨŝƌƐƚĐĞůůϮϬLJĞĂƌƐͲĂŵƉůĞ
ŽƉƉŽƌƚƵŶŝƚLJƚŽĞdžƉĂŶĚƚŽŽǀĞƌĂϭϬϬLJĞĂƌůŝĨĞƐƉĂŶͲƚŚĞƚŝŵĞůŝŶĞďƌŝŶŐƐƚŚĞƐĞŶĞǁĨĂĐŝůŝƚŝĞƐŽŶůŝŶĞ
ĂƌŽƵŶĚϮϬϮϱ
<ĞŶ^ƵŵŵĞƌƐ͖ĚĞǀĞůŽƉŝŶŐŽƚŚĞƌƐƚƌĂƚĞŐŝĞƐƚŽĚĞĂůǁŝƚŚǁĂƐƚĞĂƐŽƚŚĞƌƚĞĐŚŶŽůŽŐŝĞƐĂƌŝƐĞͲŚŽǁƚŚĂƚ
ǁŽƵůĚŝŵƉĂĐƚƚŚĞŶĞǁĨĂĐŝůŝƚLJ͍
ZŽƐƐƵŶŶŝĨĨ͖ǁŚĞƌĞƚŚĞΨϭϭDŽĨĞdžŝƐƚŝŶŐĞƋƵŝƚLJĐĂŵĞĨƌŽŵ͍
,ŽŶŽƌĞĞƉĞǁ͖ƚŚĞƌĞŝƐĂƉƉƌŽdžŝŵĂƚĞůLJΨϰϬDŽĨĞdžŝƐƚŝŶŐĞƋƵŝƚLJʹďĞĐĂƵƐĞƚŚĞ>ĂƌŝŵĞƌŽƵŶƚLJ^ŽůŝĚ
tĂƐƚĞŝǀŝƐŝŽŶƚŝƐƌƵŶĂƐĂŶĞŶƚĞƌƉƌŝƐĞĨƵŶĚʹŝƚŝƐďĂƐĞĚŽŶƚŝƉƉŝŶŐĨĞĞƐŽƌƚŚĞĐŽƐƚŽĨĚŝƐƉŽƐĂůĂŶĚŝƚ
ŚĂƐďĞĞŶŵĂŶĂŐĞĚŝŶƐƵĐŚĂǁĂLJŽǀĞƌƚŚĞůĂƐƚĨĞǁĚĞĐĂĚĞƐƚŽĂĐĐƵŵƵůĂƚĞƚŚŝƐĨƵŶĚďĂůĂŶĐĞ͘dŚĞƌĞŝƐ
ŵŽŶĞLJŝƐƚƌĂƐŚĂŶĚƚŚĞLJŚĂǀĞďĞĞŶŵĂŬŝŶŐŵŽŶĞLJƚĂŬŝŶŐǁĂƐƚĞĂŶĚďƵƌLJŝŶŐŝƚŝŶƚŚĞŐƌŽƵŶĚ͘
tĞŚĂǀĞƚŚĞŽƉƉŽƌƚƵŶŝƚLJƚŽůŽŽŬĨŽƌǁĂƌĚǁŝƚŚŽƵƚĂƌĞƐŽƵƌĐĞĐŽŶƐƚƌĂŝŶƚ͘
ZŽƐƐƵŶŶŝĨĨ͖ƚŚĞĐŽƵŶƚLJŚĂƐŚĂĚƚŚĞĨŽƌĞƐŝŐŚƚƚŽůŽŽŬĨŽƌǁĂƌĚĂŶĚƚŚĞLJŚĂǀĞďĞĞŶĐŽůůĞĐƚŝŶŐŽǀĞƌĂŶĚ
ĂďŽǀĞƚŚĞŽƉĞƌĂƚŝŽŶĂůƌĞƋƵŝƌĞŵĞŶƚƐƚŽĨƵŶĚƚŚŝƐ͘
,ŽŶŽƌĞĞƉĞǁ͖zĞƐ͕ĂŶĚŝƚƐƚŝůůŚĂƐƐŽŵĞŽĨƚŚĞůŽǁĞƐƚƚŝƉƉŝŶŐĨĞĞƐŝŶƚŚĞĐŽƵŶƚƌLJ͘
,ŽŶŽƌĞĞƉĞǁ͖&ŽŽĚtĂƐƚĞƌŽŵƉŽƐƚŝŶŐͲĐƵƌƌĞŶƚůLJŐƌŽĐĞƌƐƐĞŶĚƚŚĞŝƌŵĂƚĞƌŝĂůƚŽĞŶǀĞƌĨŽƌ
ĐŽŵƉŽƐƚŝŶŐƚŽĐŽŵƉůLJǁŝƚŚŝƚLJŽĚĞ͘
:ĂĐŬŝĞdŚŝĞů͖ƚŚĞďŝŐŐĞƐƚŽďƐƚĂĐůĞǁĂƐƌĞŐŝŽŶĂůŝŶĨƌĂƐƚƌƵĐƚƵƌĞǁŚŝĐŚŝƐƚŚĞƌĞĂƐŽŶǁĞŚĂǀĞŶ͛ƚďĞĞŶ
ŚĂŶĚůŝŶŐŽƵƌůŽĐĂůĨŽŽĚǁĂƐƚĞ͘dŚĞŶĞǁĨĂĐŝůŝƚLJǁŝůůĞŶĂďůĞƵƐƚŽŚĂŶĚůĞƚŚĂƚĂŶĚŐĂŝŶƚŚĂƚĞĨĨŝĐŝĞŶĐLJŽĨ
ƐĐĂůĞ͘
,ŽŶŽƌĞĞƉĞǁ͖dŚĞĐŽŶƐƚƌƵĐƚŝŽŶĂŶĚĚĞŵŽůŝƚŝŽŶĚĞďƌŝƐƉƌŽĐĞƐƐŝŶŐĨĂĐŝůŝƚLJǁŝůůďĞƚŚĞŚŝŐŚĞƐƚĐĂůŝďĞƌŝŶ
ƚŚĞƐƚĂƚĞͲƚŚĞŶĞǁĨĂĐŝůŝƚLJǁŝůůďĞƐƚĂƚĞŽĨƚŚĞĂƌƚƵƐŝŶŐƚŚĞƐĂŵĞƐĞƉĂƌĂƚŝŽŶLJŽƵƐĞĞƵƐĞĚŝŶĂƐŝŶŐůĞ
ƐƚƌĞĂŵĨĂĐŝůŝƚLJ͘^ĞƉĂƌĂƚŝŽŶŵĞĐŚĂŶŝƐŵǁŝůůďĞĚŝĂůĞĚŝŶƚŽƚĂƌŐĞƚŵĂƚĞƌŝĂůƐƐƵĐŚĂƐŵĞƚĂů͕ǁŽŽĚĂŶĚ
ĐŽŶĐƌĞƚĞͲƚŚŝƐŝƐĂŐƌĞĂƚĚĞƐŝƌĞŽĨƚŚĞďƵŝůĚŝŶŐŝŶĚƵƐƚƌLJĐŽŵŵƵŶŝƚLJͲĐƵƌƌĞŶƚůLJƚŚĞLJĂƌĞƌĞƋƵŝƌĞĚƚŽŚĂǀĞ
ŵƵůƚŝƉůĞƌŽůůŽĨĨĚƵŵƉƐƚĞƌƐŽŶƐŝƚĞƚŽƐĞƉĂƌĂƚĞƚŚŽƐĞƌĞĂĚŝůLJƌĞĐLJĐůĂďůĞŵĂƚĞƌŝĂůƐ͘dŚŝƐǁŽƵůĚƉƌŽǀŝĚĞĂ
ŚŝŐŚůĞǀĞůŽĨĐŽŶǀĞŶŝĞŶĐĞƚŽďĞĂďůĞƚŽĐŽŶƐŽůŝĚĂƚĞƚŚĂƚ͘
,ŽŶŽƌĞĞƉĞǁ͗tĞǁŽƌŬĞĚĐůŽƐĞůLJǁŝƚŚŽƵƌĐŽŶƐƵůƚĂŶƚĂŶĚƚŚĞƚĞĐŚŶŝĐĂůĂĚǀŝƐŽƌLJĐŽŵŵŝƚƚĞĞĂŶĚŽƵƌ
ĐŽůůĞĂŐƵĞƐǁŚŽŽƉĞƌĂƚĞĚƚŚĞǁĂƐƚĞƚƌĞĂƚŵĞŶƚƉůĂŶƚͲƌĂŬĞtĂƚĞƌĨĂĐŝůŝƚLJŚĂƐƚŚĞĐĂƉĂĐŝƚLJĂŶĚĐŽƵůĚ
ƐĐĂůĞƵƉĐŽŐĞŶĞƌĂƚŝŽŶŽĨĞůĞĐƚƌŝĐŝƚLJĨƌŽŵƚŚĂƚŚŽǁĞǀĞƌ͕ƚŚĞŬĞLJůŝŶŬĂŐĞŝƐĂƉƌĞͲƉƌŽĐĞƐƐŝŶŐĨĂĐŝůŝƚLJʹ
ƐŽŵĞƚŚŝŶŐƚŚĂƚĐŽƵůĚƚĂŬĞƌĂǁĨŽŽĚǁĂƐƚĞͲŵĂLJďĞĚĞͲƉĂĐŬĂŐĞŝƚʹĐŽŶƐƚƌƵĐƚŝŽŶŽĨƚŚĂƚƉůƵƐƵƉŐƌĂĚŝŶŐ
ƚŚĞǁĂƐƚĞǁĂƚĞƌĨĂĐŝůŝƚLJƚŽďĞĂďůĞƚŽƌĞĐĞŝǀĞƚŚĂƚŵĂƚĞƌŝĂůŝŶďƵůŬƉƌŽǀĞĚƚŽďĞǀĞƌLJĞdžƉĞŶƐŝǀĞ
ĐŽŵƉĂƌĞĚƚŽƚŚĞŽƚŚĞƌŽƉƚŝŽŶƐʹŝƚŝƐƐƚŝůůŝŶĐůƵĚĞĚŝŶƚŚĞŵĂƐƚĞƌƉůĂŶĂƐĂdŝĞƌϮŽƉƚŝŽŶͲĂƚƚŚŝƐƚŝŵĞ
ƚŚĂƚŽƉƚŝŽŶǁĂƐŶ͛ƚƌĞĐŽŵŵĞŶĚĞĚďLJƚŚĞĐŽĂůŝƚŝŽŶĨŽƌƚŚĞdŝĞƌϭƐƚĂŐĞ͘
DĂLJŽƌdƌŽdžĞůů͖'ŽǀĞƌŶĂŶĐĞĂŶĚŽǀĞƌƐŝŐŚƚŐŽŝŶŐĨŽƌǁĂƌĚͲƚŚĞƉƌŽƉŽƐĂůĂƐŝƚƐƚĂŶĚƐƌŝŐŚƚŶŽǁͲ
ŽƉĞƌĂƚŝŶŐƚŚĞŐŽĨŽƌǁĂƌĚĨĂĐŝůŝƚLJƚŚĞƐĂŵĞǁĂLJǁĞŚĂǀĞĂůǁĂLJƐĚŽŶĞƚŚĂƚďĂƐŝĐĂůůLJ>ĂƌŝŵĞƌŽƵŶƚLJ
ŐŝǀĞƐƚŚĞŽƉĞƌĂƚŽƌĂŶĚƚŚĞŵƵŶŝĐŝƉĂůŝƚŝĞƐĚŽƚŚĞƉŽůŝĐLJƐƚƵĨĨͲƚŚĞƌĞĂƌĞĚŝĨĨĞƌĞŶƚůĞǀĞůƐŽĨŽƵƌ
ŝŶǀŽůǀĞŵĞŶƚďĞƚǁĞĞŶƚŚĞĐŝƚŝĞƐĂŶĚƚŚĞĐŽƵŶƚLJͲ/ǁŽƵůĚůŝŬĞŵŽƌĞŽĨĂƐŚĂƌĞĚŐŽǀĞƌŶĂŶĐĞŵŽĚĞůƚŚĂƚ
ĐŽŵĞƐŽƵƚŽĨƚŚŝƐĂŶĚ/ĚŽƌĞĐŽŐŶŝnjĞƚŚĂƚƚŚĞĐŽƵŶƚLJŚĂƐƚŚĞƌĞƐŽƵƌĐĞƐͲďĞĐĂƵƐĞŽĨƚŚĂƚƚŚĞLJŚĂǀĞ
ƚĞŶĚĞĚƚŽŵĂŬĞƚŚĞƌƵůĞƐ͘
,ŽŶŽƌĞĞƉĞǁ͖ƌĞĨůĞĐƚŝŶŐŽƵƌĚŝƐĐƵƐƐŝŽŶƐŽŶƚŚŝƐƉŝĞĐĞͲƚŚĞĐŽƵŶƚLJŝƐƉƌĞƉĂƌĞĚƚŽƚĂůŬǁŝƚŚLJŽƵŽŶ
&ƌŝĚĂLJĂďŽƵƚƚŚĞŝƌĂƉƉƌŽĂĐŚƚŽĚĞǀĞůŽƉŝŶŐĂŐŽǀĞƌŶĂŶĐĞƐƚƌĂƚĞŐLJͲƚŚĞLJĂƌĞŝŶƚĞƌĞƐƚĞĚŝŶŬĞĞƉŝŶŐ
ĂƵƚŚŽƌŝƚLJŽǀĞƌƚŚĞŽƉĞƌĂƚŝŽŶŽĨƚŚŝƐĞŶƚĞƌƉƌŝƐĞĨƵŶĚĂŶĚƚŚĞĂƐƐĞƚƐͲŚŽǁĞǀĞƌƚŚĞƉƌŽƉŽƐĂůŝƐĨŽƌĂ
ƐƚƌŽŶŐtĂƐƚĞƐŚĞĚĚǀŝƐŽƌLJŽĂƌĚǁŚŝĐŚǁŽƵůĚďĞŵŽĚĞůĞĚĂĨƚĞƌƚŚĞKƉĞŶ^ƉĂĐĞĚǀŝƐŽƌLJŽĂƌĚƚŚĂƚ
ƚŚĞĐŽƵŶƚLJĨŽƌŵĞĚĂŶĚƚŚĂƚŽƵŶĐŝůŵĞŵďĞƌ,ŽƌĂŬƐŝƚƐŽŶ͘^ŽŵĞŽĨƚŚĞƌŽůĞƐŽĨƚŚĂƚďŽĂƌĚǁŽƵůĚŚĂǀĞ
ĂĨŽƌƵŵͲĚŝƌĞĐƚŝŶĨůƵĞŶĐĞŽŶƚŚĞŵĂƐƚĞƌƉůĂŶŝŵƉůĞŵĞŶƚĂƚŝŽŶ͕ƉĞƌĨŽƌŵĂŶĐĞƌĞǀŝĞǁŽĨƚŚĞŽǀĞƌĂůů
ƐLJƐƚĞŵ͕ƉŽůŝĐLJĚĞǀĞůŽƉŵĞŶƚĂŶĚƚŚĞĨƵƚƵƌĞĚĞƐŝŐŶͬĞdžƉĂŶƐŝŽŶŽĨǁĂƐƚĞƐŚĞĚŝŶĨƌĂƐƚƌƵĐƚƵƌĞ͘tĞǁŽƵůĚ
ďĞƉƵƚƚŝŶŐƚŚŝƐŬŝŶĚŽĨůĂŶŐƵĂŐĞŝŶƚŽƚŚĞĚƌĂĨƚ/'͘
DĂLJŽƌdƌŽdžĞůů͖KŶĞƚŚŝŶŐ/ǁŽƵůĚůŝŬĞƚŽƐƵŐŐĞƐƚĂƐǁĞǁŽƌŬŽŶƚŚĞ/'ƌĞŐĂƌĚŝŶŐǁĂƐƚĞĞŶĞƌŐLJͲǁĞ
ďĞĐŽŵĞŵŽƌĞĂĨƵůůƉĂƌƚŶĞƌͲdŝĞƌϭĂŶĚdŝĞƌϮŐŝǀĞƐƚŚĞǁĂƐƚĞĞŶĞƌŐLJĂƐĂĨŝƌƐƚͲĐůĂƐƐĐŝƚŝnjĞŶŝŶƚŚĞ
ĂŐƌĞĞŵĞŶƚďĞƚǁĞĞŶƚŚĞƉĂƌƚŶĞƌƐĂƐŝƚƌĞůĂƚĞĚƚŽŐŽŝŶŐĨŽƌǁĂƌĚ͘
:ĂĐŬŝĞdŚŝĞů͖ǁĞĐĂŶƐŚĂƌĞƚŚĂƚǁŝƚŚƚŚĞĐŽƵŶƚLJƉƌŝŽƌƚŽƚŚĞŵĞĞƚŝŶŐŽŶ&ƌŝĚĂLJͲƚŚĞLJǁŝůůǁĂŶƚƚŽ
ĚŝƐĐƵƐƐǁŝƚŚƚŚĞƉĂĐƚĂďŽƵƚǁŚĂƚƚŚĂƚůĂŶŐƵĂŐĞŵŝŐŚƚůŽŽŬůŝŬĞ͘
DĂLJŽƌdƌŽdžĞůů͖ƚŽŵĂŬĞƚŚĞŽƵŶĐŝů&ŝŶĂŶĐĞŽŵŵŝƚƚĞĞĂǁĂƌĞ͕ĂůĞƚƚĞƌŚĂƐďĞĞŶĚƌĂĨƚĞĚƚŚĂƚƐƉĞĂŬƐƚŽ
ĐŽŶĐĞƌŶƐƚŚĂƚZŽƐƐĂŶĚ/ŚĂǀĞĂƐďĞŝŶŐŵĞŵďĞƌƐŽĨƚŚĞƉŽůŝĐLJŐƌŽƵƉʹƚŚĞϭϭƚŚ
ŚŽƵƌŝŶƚƌŽĚƵĐƚŝŽŶŽĨĂ
ϯƌĚ
ƉĂƌƚLJƚŽĚŽƚŚĞůĂŶĚĨŝůůƌĞĂůůLJŶĞĞĚƐƚŽƌĞĂƐƐĞƐƐĂůůŽƉƚŝŽŶƐƚŚĂƚďƌŽƵŐŚƚƵƐƚŽƚŚŝƐƉŽŝŶƚŝŶƚŚĞĨŝƌƐƚ
ƉůĂĐĞ͘
ZŽƐƐƵŶŶŝĨĨ͖/ĂŵĂůŵŽƐƚĚŽŶĞƌĞǀŝĞǁŝŶŐƚŚĞůĞƚƚĞƌĂŶĚ/ŚĂǀĞƐŽŵĞŵŝŶŽƌĐŚĂŶŐĞƐĨƌŽŵŵLJƐŝĚĞ͘
ŽǀĞƚĂŝůŝŶŐŽŶĂĐŽƵƉůĞŽĨLJŽƵƌŽƚŚĞƌƉŽŝŶƚƐ͖ǁŝƚŚƌĞƐƉĞĐƚƚŽŽƵƌďŝŽĚŝŐĞƐƚŽƌĂƚƚŚĞǁĂƐƚĞǁĂƚĞƌƉůĂŶƚ
ĐƵƌƌĞŶƚůLJǁĞƐĂLJƚŚĂƚƉĞŽƉůĞĐĂŶƉƵƚŶŽŶĨĂƚǁĂƐƚĞĚŽǁŶƚŚĞŝƌŐĂƌďĂŐĞĚŝƐƉŽƐĂůƐͲŽƵƌĐƵƌƌĞŶƚ
ƌĞĐŽŵŵĞŶĚĂƚŝŽŶͲǁĂŶƚƚŽŵĂŬĞƐƵƌĞƚŚĂƚŶŽĨůŽǁĐŽŶƚƌŽůŝƚĞŵƐƚŚĂƚǁŽƵůĚĐŽŵĞƵƉŝŶƚŚĞ/'ǁŽƵůĚ
ƉƌĞĐůƵĚĞƚŚĂƚƌĞĐŽŵŵĞŶĚĂƚŝŽŶ͘
ŶĚŽŶƚŚĞŐŽǀĞƌŶĂŶĐĞƐŝĚĞͲƚŚĞĚĂLJƚŽĚĂLJŽƉĞƌĂƚŝŽŶƐĂŶĚƚŚŽƐĞĐŽƐƚƐͲ/ƵŶĚĞƌƐƚĂŶĚƚŚĂƚƚŚĞĐŽƵŶƚLJ
ǁĂŶƚƐƚŽŚĂǀĞĂŚŝŐŚůĞǀĞůŽĨĐŽŶƚƌŽů͕ďƵƚŵLJďŝŐĐŽŶĐĞƌŶŝƐƚŚĞƉŽůŝĐLJĂŶĚĨƵƚƵƌĞĨůŽǁĐŽŶƚƌŽů͕ĨƵƚƵƌĞ
ŵĂŶĚĂƚĞƐŽŶƚŚĞĐŝƚLJ͘tĞŶĞĞĚƚŽŚĂǀĞĂŶĂĐƚŝǀĞǀŽŝĐĞŝŶLJĞƐŽƌŶŽƚŚĂƚŝƐďŝŶĚŝŶŐŝŶƐŽŵĞĚĞŐƌĞĞŽŶ
ƉŽůŝĐLJƌĞƋƵŝƌĞŵĞŶƚƐƚŚĂƚǁŽƵůĚďĞƉůĂĐĞĚŽŶƚŚĞŵƵŶŝĐŝƉĂůŝƚŝĞƐǁŝƚŚŝŶƚŚĞĐŽƵŶƚLJ͘
,ŽŶŽƌĞĞƉĞǁ͖ŝŶĐŽŶƐƵůƚŝŶŐǁŝƚŚƚŚĞůĞŐĂůƚĞĂŵƐ͕ǁĞŚĂǀĞůĞĂƌŶĞĚƚŚĂƚǁŝƚŚƚŚĞ,ŽŵĞZƵůĞͲƚŚĞ
ĐŽƵŶƚLJĐŽƵůĚŶŽƚŝŵƉŽƐĞƚŚĞƐĞŽŶƚŚĞĐŝƚŝĞƐ͘tŽƵůĚŚĂǀĞƚŽďĞĚĞǀĞůŽƉĞĚŝŶĐŽŶĐĞƌƚĂŶĚƉĂƌƚŶĞƌƐŚŝƉ͘
:ĂĐŬŝĞdŚŝĞů͖ƚŚŝŶŬŝŶŐŽĨŽƵƌǁŽƌŬƐĞƐƐŝŽŶůĂƐƚǁĞĞŬǁŝƚŚƚŚĞĐŽƵŶƚLJĂƌŽƵŶĚďĞŚĂǀŝŽƌĂůŚĞĂůƚŚ͘
tĞǁŝůůĐŽŶŶĞĐƚdŽĚĚĂŶĚ>ŽƌŝĂƐůĞĂĚƐĨŽƌƚŚĞĐŽƵŶƚLJŝŶƚŚŝŶŬŝŶŐƚŚƌŽƵŐŚǁŚĂƚĂƌĞƐŽŵĞŽĨƚŚĞƐĞŽƚŚĞƌ
ĂůƚĞƌŶĂƚŝǀĞŐŽǀĞƌŶĂŶĐĞŵŽĚĞůƐŵŝŐŚƚůŽŽŬůŝŬĞƵŶĚĞƌƐƚĂŶĚŝŶŐƚŚĂƚǁĞǁĂŶƚĂŐƌĞĂƚĞƌƐƚĂŬĞͲŶŽƚũƵƐƚ
ĂĚǀŝƐŽƌLJ͘
ĂƌŝŶƚƚĞďĞƌƌLJ͖ƚŚĞŝŵƉŽƌƚĂŶĐĞŽĨŽƵƌŐŽĂůƐĂŶĚŽďũĞĐƚŝǀĞƐĂƐĂĐŝƚLJŝŶƚŚŝƐĂƌĞĂͲƚŚŝƐŝƐƐŽĐƌŝƚŝĐĂůƚŽƵƐ
ŵŽǀŝŶŐĨŽƌǁĂƌĚͲŝƚǁŽƵůĚŶŽƚďĞŐŽŽĚƚŽŚĂǀĞŽƵƌƌŽůĞďĞŽĨĂŶĂĚǀŝƐŽƌLJŶĂƚƵƌĞͲǁĞƐŚŽƵůĚƚĂŬĞĂ
ƉŽƐŝƚŝŽŶŽĨĞƋƵĂůƉĂƌƚŶĞƌƐŚŝƉĂŶĚĚĞĐŝƐŝŽŶŵĂŬŝŶŐ͘;ŝƌƉŽƌƚĂŶĚKƉĞŶ^ƉĂĐĞƐĂƐĞdžĂŵƉůĞƐͿ
ZŽƐƐƵŶŶŝĨĨ͖ǁŚĂƚŝƐŽƵƌŽǁŶĞƌƐŚŝƉƐƚĂŬĞŝŶƚŚĞĐƵƌƌĞŶƚůĂŶĚĨŝůů͍
,ŽŶŽƌĞĞƉĞǁ͖ǁĞŽǁŶϱϬйŽĨƚŚĞƐŽƵƚĞƌƌĂŝŶƵŶĚĞƌŐƌŽƵŶĚŽĨƚŚĞĨŝƌƐƚĚĞǀĞůŽƉŵĞŶƚďĂƐĞĚŽŶĂϭϵϳϬ
ĂŐƌĞĞŵĞŶƚ͖&ŽƌƚŽůůŝŶƐϱϬй͕>ŽǀĞůĂŶĚϮϱйĂŶĚƚŚĞŽƵŶƚLJϮϱй͘dŚĞĐŽƵŶƚLJďŽƵŐŚƚĂůĂƌŐĞƐĞĐƚŝŽŶŽĨ
ůĂŶĚŐŽŝŶŐĚŽǁŶƚŽdƌŝůďLJǁŚŝĐŚƚŚĞLJŽǁŶŽƵƚƌŝŐŚƚ͕ĂŶĚƚŚĞLJĂůƐŽŽǁŶĂůůĚĞǀĞůŽƉŵĞŶƚĂďŽǀĞŐƌŽƵŶĚ
dŚĞ ŶƚĞƌƉƌŝƐĞ;ŽƵŶƚLJ ŶƚĞƌƉƌŝƐĞ&ƵŶĚͿŽǁŶƐŶĞǁůĂŶĚͲ^ŽůŝĚtĂƐƚĞŝǀŝƐŝŽŶŽĨ>ĂƌŝŵĞƌŽƵŶƚLJ͘
ĂƌŝŶƚƚĞďĞƌƌLJ͖ŝƚŝƐǀĞƌLJŝŵƉŽƌƚĂŶƚĨŽƌƚŚĞĐŝƚLJƚŽŵĂŝŶƚĂŝŶĂŶŽǁŶĞƌƐŚŝƉƐƚĂŬĞďƵƚĂůƐŽĚĞĐŝƐŝŽŶ
ŵĂŬŝŶŐ͘
,ŽŶŽƌĞĞƉĞǁ͖ǁŽƌƚŚŶŽƚŝŶŐĨƌŽŵƐƚĂĨĨůĞǀĞůͲǁĞƐĞĞϮƉŝĞĐĞƐƚŚĂƚĂƌĞĐůŽƐĞůLJůŝŶŬĞĚďƵƚŚĂǀĞ
ĚŝƐƚŝŶĐƚŝǀĞŽǀĞƌƐŝŐŚƚƌŽůĞƐ͖ϭͿ/ŶĨƌĂƐƚƌƵĐƚƵƌĞĞǀĞůŽƉŵĞŶƚϮͿWŽůŝĐLJ͘/ŶƚŚĞĂƌƌĂŶŐĞŵĞŶƚƚŚĂƚŚĂƐďĞĞŶ
ĚĞǀĞůŽƉĞĚŽǀĞƌƚŚĞůĂƐƚĐŽƵƉůĞŽĨLJĞĂƌƐ͘ŝŐŶĞǁŝŶĨƌĂƐƚƌƵĐƚƵƌĞƚŚĂƚǁĞǁŽƵůĚŶ͛ƚƉĂLJĨŽƌŽƵƌƐĞůǀĞƐ
ŐĞƚƐŽŶůŝŶĞƚŚĂƚƉƌŽǀŝĚĞƐĂŶŽƉƉŽƌƚƵŶŝƚLJĨŽƌ&ŽƌƚŽůůŝŶƐƚŽŚĂǀĞŵŽƌĞŽƉƚŝŽŶƐĂƌŽƵŶĚƉŽůŝĐLJŝŶƚŚĞ
ĨƵƚƵƌĞĨŽƌĐŽůůĞĐƚŝŽŶŽĨŽƌŐĂŶŝĐƐŝŶƉĂƌƚŝĐƵůĂƌ͘dŚŝƐǁŽƵůĚƐĞƚƵƐƵƉĨŽƌƚŚĂƚƐŽƌƚŽĨĨƵƚƵƌĞ͘
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MEMORANDUM
NATURAL RESOURCES ADVISORY BOARD
DATE: November 28, 2018
TO: Mayor and City Council Members
FROM: Nancy DuTeau, Chair, on behalf of the Natural Resources Advisory Board
SUBJECT: Regional WasteShed Solid Waste Infrastructure Master Plan and IGA
The Natural Resources Advisory Board is the City’s primary Advisory Board charged with a focus on the City’s
solid waste issues. Members of the NRAB have actively participated in stakeholder groups on virtually every solid
waste issue for many years. Most recently this includes the corrugated cardboard landfill ban, the Timberline
Recycling Center and our extensive participation in the Road to Zero Waste initiative. As we have explored the
challenges of these issues we have concluded that the most effective and cost efficient approach to attaining the
City’s waste reduction goals and reducing our solid waste carbon footprint is a collaborative regional strategy.
NRAB members participated in the initial county wide waste shed planning meeting almost three years ago. When
the opportunity to actively engage as members of the Regional Stakeholder Group was provided two NRAB
members quickly agreed and became among the most active participants throughout the ten month process. As a
result of our members’ participation the NRAB received regular updates from its own members as well as periodic
staff updates throughout the planning process.
NRAB is impressed with the structure of the planning process, which included leadership of the major
municipalities while also giving attention to smaller communities within the County who will be impacted by the
collaboration. The structure provided both a Technical Advisory Committee, a Policy Advisory Committee as well
as a Stakeholder Advisory group whose input and opinions were given meaningful weight in current
recommendations. The entire process was supported by a well informed and capable national consulting team who
presented current best practices as well as newer and more cutting-edge strategies.
At NRAB Meetings in May, July, and November NRAB was provided with the recommendations and further
background which accompany the current submission for the Mayor and Council’s consideration. We recommend
adoption of a Resolution in Support of the final Solid Waste Infrastructure Master Plan (SWIMP) and authorizing
staff to bring forward an Intergovernmental Agreement with Larimer County that outlines infrastructure and policy
commitments between Larimer County and Fort Collins. We also encourage Council to direct staff to draft measures
for increasing diversion of construction debris and organic material for future Ordinances. The anticipated IGA
would not commit Fort Collins or any municipality other than Larimer County to financial commitments for the
significant $58 Million infrastructure investment or for operational costs of the constructed facilities. Larimer
County offers its commitment to construct the facilities over a specified period of time, but the IGA would require
participating municipalities to provide certain ordinances and/or rules for education, data collection and waste
handling that would require waste shed generated materials to utilize those County facilities. In this manner the
County would anticipate recovery of its infrastructure investment over a significant number of years.
Neither Fort Collins nor any single municipality within the County could provide the infrastructure costs or breadth
of anticipated services without a regional strategy. It is an opportunity for Fort Collins residents to obtain much
needed services, reduce our solid waste and carbon footprint, move toward our Zero Waste and Climate Action
Goals and assist our neighboring communities in doing the same without incurring new municipal debt.
The Natural Resources Advisory Board recommends and strongly encourages the Mayor and Council to
adopt a Resolution in support of the final Solid Waste Infrastructure Master Plan (SWIMP), authorize staff
to move forward with the preparation of an Intergovernmental Agreement and Ordinances consistent with
the Regional WasteShed planning recommendations.
ATTACHMENT 7
REGIONAL WASTESHED PLANNING
PUBLIC ENGAGEMENT SUMMARY
PROJECT TITLE: Regional Wasteshed Planning
OVERALL PUBLIC INVOLVEMENT LEVEL: Collaborate with key stakeholders and the public to review materials
and recommendations developed by the North Front Range Wasteshed Coalition and consultant.
BOTTOM LINE QUESTION: What infrastructure and policy options will best meet the needs of communities within
the North Front Range Wasteshed after the Larimer County Landfill closes?
RECENT PUBLIC ENGAGEMENT:
City Boards and Commissions
Staff presented to
• Natural Resources Advisory Board – July 20,
2016; January 17, May 16, August 15, and
November 28, 2018
• Air Quality Advisory Board – November 19,
2018
• Water Board – June 21, 2018
• Fort Collins Super Board Meeting – October
9, 2017
• The Natural Resources Advisory Board and
the Air Quality Advisory Board have
expressed support for the project in general
and for the IGA specifically in letters to
Mayor and City Council Members
Stakeholder Advisory Group
A dedicated Stakeholder Advisory Group met seven
times between May 2017 and September 2018 to
provide input and review technical and policy
information produced by the coalition staff.
Over 50 stakeholders were invited to participate
from key sectors including: the business community,
academia, regional governments, waste haulers and
recyclers, local government boards and commissions,
state agencies, and advocacy groups.
Key themes in stakeholder feedback:
• Strong support for proposals in the master
plan
• Desire for future solid waste programs to be
within the Wasteshed
• Interest in regional end-markets for “waste”
material
• Maintaining affordability & convenience for
citizens
• Need for robust public outreach/education
Meetings with Private Waste Haulers
Throughout the project County and City staff have
met with representatives of Waste Management,
Gallegos Sanitation, and Ram Waste – both
individually and as a group – to discuss impacts on
their operations. In 2018, Hauler meetings were
held in May, July, and December. Feedback
included:
• General support for new infrastructure to
increase disposal convenience and waste
diversion
• Lack of support for rules regulating waste
handling; including a particular objection to
flow control policy recommendations for
mixed construction waste and curbside
recyclables
• Regarding flow control, the main concerns
• An option to continue separating recyclable
materials on site allows for jobsite flexibility
Town Hall Meetings
Four public meetings were held in May of 2018,
throughout Larimer County, seeking feedback on
elements of the proposed master plan.
Community Engagement
• Local Legislative Affairs Committee of the Fort
Collins Chamber of Commerce – December 9,
2016; January 26, April 20, and November 16,
2018.
• Fort Collins Sustainability Group – November
12, 2018
• Project website with updates and project
documents www.fcgov.com/wasteshed
• Email updates to 1000+ subscribers
• Met with Executive Director of Downtown
Development Authority November 14, 2017
PUBLIC ENGAGEMENT PRIOR TO 2017
Wasteshed Survey
From June 24 until July 31, 2016, residents from
across Larimer County were solicited to participate
in a professionally-conducted online survey posted
by City and County officials, promoted through
various media outlets. During this time, over 1200
responses were collected, 42% from Fort Collins. Of
Fort Collins respondents,
• 51% indicated that current disposal options
for food scraps are inadequate
• 47% indicated that current disposal options
for yard trimmings are inadequate
Town Hall Meetings
• Four public meetings held in September 2016,
throughout Larimer County, with the assistance of
CSU’s Center for Public Deliberation.
2019 PUBLIC ENGAGEMENT PLAN:
City Boards and Commissions Presentations
• Building Review Board – February 28, 2019
• Additional presentations as appropriate
Community Engagement
• Continue to maintain webpage information and
solicit public feedback.
• Provide information in newsletters and social
media directing readers to opportunities for
input.
• Hold public meetings/community issues forums as
needed for specific topics.
O E.g., identifying appropriate programs
and policies to divert organics from
landfill
Various Stakeholders
• Staff will continue to engage private haulers for
input on implementation of new policies.
• Presentations to community groups as needed.
o E.g., Local Legislative Affairs Committee
of the Fort Collins Chamber of Commerce
and Fort Collins Sustainability Group
1
Regional Wasteshed Project
Honore Depew, Sustainability Services
3-5-19
ATTACHMENT 9
2
Strategic Plan Goals Impacted
3.2 Maintain and grow diverse employment opportunities
4.5 Achieve the 2020 Road to Zero Waste goals and work toward 2030
zero waste goals
4.1 Achieve Climate Action Plan (CAP) 2020 goals and continue progress
toward the 2030 goals
2016 Landfill Waste - Fort Collins
3
Wasteshed Coalition
TAC
Technical Advisory
Committee
PAC
Policy Advisory
Committee
Stakeholder
Advisory Group
4
Master Plan
For Solid Waste
Infrastructure
Stakeholder Engagement
5
• Stakeholder Advisory Group
• 50+ Diverse Members
• 7 Meetings over 10 Months
• Strong Support for Coalition
Recommendations
• Multiple Meetings with:
• Private Haulers
• Fort Collins Chamber
• Four 2018 Open Houses
• Regional Elected Officials’ Meetings
Larimer County Capital Investments
6
• Over $50 million invested
• No tax revenue needed
• No capital expenditure
from Fort Collins
• Potential to address 75%+
of our landfilled waste
New Landfill
Central Transfer Station
Yard Waste Composting Facility
Construction & Demolition Debris
Processing Facility
Food Waste Composting Facility
Recycling Center Improvement
7
• Obligations of Larimer County:
• Fund, build, own, and manage new facilities
• Obligations of All Parties:
• Consider code changes for solid waste
• Participate in a solid waste Policy Council
• Coordinate data tracking and education
• IGA does not obligate Fort Collins to enact new policy
Intergovernmental Agreement
Code Changes Needed in
Fort Collins to Enable Construction
8
New Landfill None
Central Transfer Station None
Yard Waste Composting Facility None
Recycling Center Improvement Flow Control
• for curbside “single stream” recyclables
Food Waste Composting Facility Local policy needed; no flow control
Construction & Demolition (C&D)
Debris Sorting Facility
Flow Control
• for mixed loads of C&D debris
Landfilled Construction Debris
Recyclable
Compostable 52%
27%
Not Currently
Recyclable
21%
Fort Collins Landfilled Industrial/Construction Waste
9
• Represents 33% of progress
needed to meet 2025 Zero Waste
diversion goal
Mixed loads of Construction and Demolition (C&D)
debris must be delivered to County-owned facility,
for a period of 10 years
Proposed Flow Control Ordinance
10
Proposed Flow Control Ordinance
11
• Would go into effect once new facility is built
• Aligns with current construction site recycling standards
• Offers “all-in-one-bin” service for jobsite convenience
• Positive feedback from builders and roll-off haulers
Potential IGA Adoption Timeline
12
Fort Collins Loveland Larimer County Estes Park
March 5 March 19 March
(flexible)
Q2
Additional Slides
link
Regional Wasteshed
Resource Recovery Center (Proposed)
14
New Landfill
Construction & Demolition
Debris Sorting
Food Waste Composting
Recycling Center Upgrades
Intersection Improvement
Transfer Station
Yard Waste Composting
Facility Build Timeline
2019 2020 2021 2022 2023 2024
Central Transfer Station
New County Landfill
Yard Waste Composting
Open Windrow
Construction and Demolition
Debris Processing
Food Waste Composting
Aerated Static Piles
15
Proposed Facilities
16
RECYCLING CENTER
UPGRADES
CONSTRUCTION & DEMOLITION
DEBRIS PROCESSING FACILITY
Proposed Facilities
17
FOOD WASTE
COMPOSTING FACILITY
YARD WASTE
COMPOSTING FACILITY
Proposed Facilities
18
CENTRAL TRANSFER NEW LANDFILL
STATION
Larimer County Capital Investments
19
Facility Initial Capital
New Landfill $11.7M
Central Transfer Station $15.8M
Recycling Center Upgrades $3.0M
Yard & Food Waste
Composting Facilities
$11.8M
Construction & Demolition Debris
Processing Facility
$13.7M
Total: $56M
No tax revenue used
No capital expenditure from City
-1-
RESOLUTION 2019-033
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
FOR SOLID WASTE PROGRAMMING AND INFRASTRUCTURE IMPROVEMENTS
WHEREAS, pursuant to Resolution 2013-011, the City Council established a waste
diversion policy with the ultimate goal of achieving zero waste for the City (“Zero Waste Goal”);
and
WHEREAS, pursuant to Resolution 2014-098, the City Council established priority
actions to further its Zero Waste Goal, including fostering regional discussions, partnerships, and
systems to manage regional waste streams and facilities; and
WHEREAS, the Larimer County Solid Waste Facility located at 5887 South Taft Hill Road
serves as a regional solid waste processing and disposal site for residents of Larimer County
located in municipalities and unincorporated areas, receiving approximately one million cubic
yards of material per year, is forecasted to consume the available permitted capacity by the
fourth quarter of the year 2024; and
WHEREAS, the Larimer County Board of County Commissioners convened in early
2016 the North Front Range Wasteshed Policy Group, now referred to as the North Front Range
Regional Wasteshed Coalition (the “Coalition”) (including a Technical Advisory Committee of
staff members and a Policy Advisory Committee of elected officials and a stakeholder advisory
group with more than sixty members) to identify, analyze, and prioritize solid waste
infrastructure and implementation options, resulting in the development of a Solid Waste
Infrastructure Master Plan for adoption by Larimer County; and
WHEREAS, on December 19, 2018, the Larimer County Planning Commission adopted
the 2018 Solid Waste Infrastructure Master Plan (the “County Master Plan”), which includes
various recommendations for infrastructure and facility improvements, education, licensing and
other program elements to provide solid waste services within Larimer County and increase
material diversion from landfill disposal; and
WHEREAS, on January 15, 2019, the City Council adopted Resolution 2019-010
supporting the Master Plan; and
WHEREAS, the parties desire to work cooperatively to implement the Master Plan,
continue to develop joint programs for consistent public education, evaluate future technologies
associated with solid waste management, and establish the respective responsibilities of the
parties by entering into the Intergovernmental Agreement for Solid Waste Programming and
Infrastructure Improvements attached hereto as Exhibit “A” (the “IGA”); and
WHEREAS, pursuant to Section 10.5 of the IGA, additional governmental entities may be
added with the consent of all Parties; the Town of Wellington has indicated a desire to join as a
-2-
party to the IGA and the City consents to Wellington’s addition to the IGA if it chooses to do so;
and
WHEREAS, the Colorado legislature has expressly endorsed “local efforts…focused
toward the reduction of the volume and toxicity of the waste stream…through source reduction,
recycling, composting, and similar waste management strategies” (Section 30-20-100.5,
Colorado Revised Statutes [“C.R.S.”]) and authorized designation of exclusive sites and facilities
for disposal of solid waste (Section 30-20-107, C.R.S.); and
WHEREAS, cooperation pursuant to the IGA will allow for implementation of an
integrated package of waste disposal services designed to increase diversion and confer
significant health and environmental benefits upon the residents of the City and Larimer County
by enhancing recycling incentives and opportunities, obtaining information for the tracking and
planning of waste diversion, and increasing the ability to monitor and enforce recycling and
other waste management laws; and
WHEREAS, the City’s Natural Resources and Air Quality Advisory Board expressed
support for a regional intergovernmental agreement for solid waste in letters to the Mayor and
City Council Members dated November 28 and December 28, 2018; and
WHEREAS, Article II, Section 16 of the Charter of the City of Fort Collins empowers
the City Council, by ordinance and resolution, to enter into contracts with governmental bodies
to furnish governmental services and make charges for such services, or enter into cooperative or
joint activities with other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes and Article XIV, Section
18 of the Colorado Constitution provides that governments may cooperate or contract with one
another to provide certain services or facilities when such cooperation or contracts are authorized
by each party thereto with the approval of its legislative body or other authority having the power
to so approve; and
WHEREAS, under Section 1-22 of the Code of the City of Fort Collins,
intergovernmental agreements and other cooperative arrangements between the City and other
governmental entities are to be submitted to the City Council for review, unless they fit within
one of the exceptions that permit execution by the City Manager; and
WHEREAS, in light of the benefits to the City and its residents, the City of Fort Collins
wishes to enter into the IGA to promote significant environmental benefits and to protect the
health, safety and welfare of its residents; and
WHEREAS, the City Council has determined that the IGA is in the best interests of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
-3-
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the Mayor is hereby authorized to execute the IGA substantially in
the form attached hereto as Exhibit “A,” with such modifications and additions as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the interests of the City or effectuate the purposes set forth herein and not otherwise
inconsistent with this Resolution.
Section 3. That pursuant to Section 10.5 of the IGA, the City of Fort Collins consents
to the addition of the Town of Wellington as a party to the IGA if Wellington chooses to join.
Further, the authority to consent of the City to additional governmental entities as parties to the
IGA is hereby delegated to the City Manager, who may consent to such joinder on behalf of the
City, in his discretion, if he finds that the addition of the proposed party would not have a
substantial adverse impact on the City or its interests.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of March, A.D. 2019.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Page 1 of 20
INTERGOVERNMENTAL AGREEMENT FOR SOLID WASTE PROGRAMMING
AND INFRASTRUCTURE IMPROVEMENTS
This Intergovernmental Agreement for Solid Waste Programming and Infrastructure
Improvements (“Agreement”) is made and effective on ________, 2019 (Effective Date), by and
among the Board of County Commissioners of Larimer County, Colorado (referred to as
“County”), and the City of Fort Collins, Colorado, the City of Loveland, Colorado, and the Town
of Estes Park, Colorado (individually referred to as “Municipality” or collectively as
“Municipalities”). The County and Municipalities shall jointly be referred to as the “Parties”.
I. RECITALS
WHEREAS, the appropriate management of solid waste materials is critical to human health
and safety, the environmental and the economic wellbeing of the region; and
WHEREAS, the Larimer County Solid Waste Facility located at 5887 S. Taft Hill Road
serves as a regional solid waste processing and disposal site for residents of Larimer County
located in municipalities and unincorporated areas; and
WHEREAS, The Larimer County Solid Waste Facility includes a regional sanitary landfill
that receives approximately one million cubic yards of material per year and is forecasted to
consume the available permitted air space capacity by the fourth quarter of the year 2024; and
WHEREAS, the Parties formed the North Front Range Regional Wasteshed Coalition
(including a Technical Advisory Committee of staff members and a Policy Advisory Committee
of elected officials and a 60+ member stakeholder advisory group) to identify, analyze, and
prioritize solid waste infrastructure and implementation options. This work resulted in the
development of a Solid Waste Infrastructure Master Plan for adoption by Larimer County; and
WHEREAS, on December 19, 2018, the Larimer County Planning Commission adopted the
2018 Solid Waste Infrastructure Master Plan, which includes various recommendations for
infrastructure and facility improvements, education, licensing and other program elements to
provide solid waste services within Larimer County and increase material diversion from landfill
disposal; and
WHEREAS, the Parties desire to work cooperatively to implement the 2018 Solid Waste
Infrastructure Master Plan, continue to develop joint programs for consistent public education,
evaluate future technologies associated with solid waste management, and establish the respective
responsibilities of the Parties; and
WHEREAS, the Colorado legislature has expressly endorsed “local efforts…focused toward
the reduction of the volume and toxicity of the waste stream…through source reduction, recycling,
composting, and similar waste management strategies” (Section 30-20-100.5, C.R.S.) and
EXHIBIT A
Page 2 of 20
authorized designation of exclusive sites and facilities for disposal of solid waste (Section 30-20-
107, C.R.S.); and
WHEREAS, cooperation of the Parties pursuant to this Agreement will allow for
implementation of an integrated package of waste disposal services designed to increase recycling
and confer significant health and environmental benefits upon the citizens of Larimer County by
enhancing recycling incentives and opportunities, obtaining information for the tracking and
planning of waste diversion, and increasing the ability of the Parties to monitor and enforce
recycling and other waste management laws; and
WHEREAS, County and Municipalities are authorized pursuant to Article XIV, Section 18
of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter
into intergovernmental agreements for the purpose of providing any service or performing any
function which they can perform individually; and
WHEREAS, in addition to the existing infrastructure and infrastructure to be constructed by
Larimer County, the Municipalities have developed and continue to operate the following solid
waste infrastructure: the Estes Park Transfer Station owned by the Town of Estes Park and
operated by Larimer County, the Timberline Recycling Center and the Crushing Operations Site
which are owned by the City of Fort Collins, and the Loveland Recycling Center and collection
vehicles which are owned by the City of Loveland.
NOW THEREFORE, the Parties agree as follows:
II. DEFINITIONS
For the purposes of this Agreement, the following definitions shall apply:
Clean Material Recovery Facility. A facility consisting of structures, machinery, devices, or
persons to sort, bale, or otherwise manage or process recyclable materials prior to conveyance to
end markets.
Construction and Demolition Waste. Waste that is generated from construction, remodeling,
repairs, or demolition of buildings, and other structures which includes but is not limited to,
lumber, bricks, carpets, ceramics, sheetrock, porcelain, metals, drywall, window glass, metal and
plastic piping, paint and any other non-hazardous materials resulting from construction and
demolition activities.
Disposal. The final treatment, deposition, or incineration of Solid Waste but shall not include
Waste Prevention or Recycling as defined herein.
Flow Control. Provision that allows local governments to designate the places where materials
generated within their jurisdiction are taken for processing disposal. For the purposes of this
Agreement, flow control explicitly excludes municipal solid waste, yard waste, food waste and
hazardous waste.
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Food Waste. Materials that include animal/fruit/vegetable based staple scraps, old
fruit/vegetables, egg shells, coffee grounds, tea bags, food-soiled paper, old bread, food scraps,
and expired de-packaged foods. Additionally, it may include plant wastes from the food
processing industry and pre-consumer vegetative food waste.
Hauler. Any person or company that collects, transports and/or disposes of discarded materials
and waste (e.g. solid waste, recyclables, food waste, yard trimmings) as their primary business and
delivers waste into facilities for disposal or recycling.
Hauler Licensing. A coordinated licensing approach for data tracking, public outreach and
curbside collection requirements for implementation to licensed haulers (Appendix C).
Hazardous Waste. Hazardous substances as defined in 25-15-101(6), as amended, and any other
substances or materials defined or classified as such by the Hazardous Waste Commission pursuant
to 25-15-302, C.R.S., as amended.
Integrated Solid Waste Management System. The system of facilities for the collection,
processing, and disposal of solid waste currently owned/operated by the Parties, which includes
the Estes Park Transfer Station owned by the Town of Estes Park and operated by Larimer County,
the Timberline Recycling Center and the Crushing Operations Site owned by the City of Fort
Collins, the Loveland Recycling Center and collection vehicles owned by the City of Loveland,
and the Larimer County Solid Waste Infrastructure System.
Landfill. A discrete area of land or an excavation where solid wastes are placed for final disposal,
which is not a land application unit, waste impoundment, or waste pile. Landfills include, but are
not limited to, ash monofills, construction and demolition landfills, sanitary landfills, tire monofills
and similar facilities where final disposal occurs.
Larimer County Solid Waste Infrastructure System. Includes Larimer County’s Solid Waste
facilities used to manage Solid Waste which includes but is not limited to household hazardous
waste, landfill, recycling facility, and Tier 1 processing and disposal facilities as established
pursuant to the approved Solid Waste Infrastructure Master Plan.
Municipal Solid Waste. Solid waste from household, community, commercial and industrial
sources that does not contain hazardous wastes as defined in Section 25-15-101(9) of the Colorado
Hazardous Waste Act unless otherwise regulated by the Colorado Department of Public Health
and Environment.
Processing. Sorting and converting solid waste, by manual or mechanical means, into raw material
for new use. Includes Recycling and Composting.
Recyclable Material. Any type of discarded or waste material that is not regulated under Section
25-8-205(1) (e), C.R.S., and can be reused, remanufactured, reclaimed, or recycled.
Solid Waste. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment
plant, air pollution control facility, or other discarded material; including solid, liquid, semisolid,
Page 4 of 20
or contained gaseous material resulting from industrial operations, commercial operations or
community activities. Solid Waste does not include any solid or dissolved materials in irrigation
return flows, or industrial discharges which are point sources subject to permits under the
provisions of the “Colorado Water Quality Control Act”, Title 25, Article 8, CRS or materials
handled at facilities licensed pursuant to the provisions on “Radiation Control Act” in Title 25,
Article 11, CRS. Solid Waste does not include: (a) materials handled at facilities licensed pursuant
to the provisions on radiation control in Article 11 of Title 25, C.R.S.; or (b) excluded scrap metal
that is being recycled; or (c) shredded circuit boards that are being recycled.
Solid Waste Policy Council or Policy Council. The Policy Council created to advise the Parties
on solid waste matters regarding infrastructure, programs, education and master plan updates.
Solid Waste Infrastructure Master Plan. The Larimer County 2018 Solid Waste Infrastructure
Master Plan as approved and amended from time to time by the Larimer County Planning
Commission.
Technical Staff. A group of technical staff provided by each Party pursuant to Section 6.1.2 to
support the Policy Council.
Tier 1 Infrastructure Facilities. Tier 1 Infrastructure facilities are outlined in the approved Solid
Waste Infrastructure Master Plan to be developed in supporting the solid waste infrastructure
system and include: Central Transfer Station, New County Landfill, Construction and Demolition
Waste Processing Facility, Yard Waste Windrow Composting Facility and Food Waste
Composting Facility (Appendix A).
Tier 2 Infrastructure Facilities. Tier 2 Infrastructure facilities are outlined in the approved Solid
Waste Infrastructure Master Plan to be reviewed on an annual basis for possible implementation
at a later date and include: Clean Material Recovery Facility/Upgrade, Anaerobic Digestion/Pre-
Processing (Appendix A).
Tier 3 Infrastructure Facilities. Tier 3 Infrastructure facilities are outlined in the approved Solid
Waste Infrastructure Master Plan and will be further reviewed on an annual basis as industry
changes occur and include: Waste to Energy and Refuse Derived Fuel Processing (Appendix A).
Transfer Station. A facility at which Solid Waste, awaiting transportation to a processing or
disposal site, is transferred from one type of containerized collection receptacle and placed into
another and/or is processed for compaction.
Waste Prevention. Methods utilized to create less waste prior to recycling, composting or
disposal.
Yard Waste. Waste generated from yard maintenance, including garden waste, fruit fall, grass
clippings, wood, twigs, leaves and branches.
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III. PURPOSE
The purpose of this Agreement is to foster coordination and cooperation between the
Parties and to establish the respective responsibilities of the Parties in an Integrated Solid Waste
Management System including, but not limited to, planning, education, waste prevention,
recycling, collection, composting, transportation and disposal.
IV. TERM
4.1 Initial Term. This Agreement shall become effective on the Effective Date and shall
remain in effect through December 31, 2050 (Initial Term).
4.2 Extension Term. Unless earlier terminated as provided herein, the Agreement will
automatically renew for an additional term of ten years (Extension Term).
4.3 Termination. Any Party shall have the right to terminate their continued participation in
this Agreement during the Initial Term or any Extension Term as follows:
4.3.1 In the event of non-appropriation by their elected bodies.
4.3.2 By written notice given to all other Parties 18 months prior to the date on which the
Party elects to terminate their continued participation.
4.3.3 By mutual agreement by all parties.
V. GENERAL OBLIGATIONS OF THE PARTIES
5.1 LARIMER COUNTY
5.1.1 Land for Facility Improvements. The County agrees to provide land for
construction of Tier 1 Infrastructure Facilities which includes the County-owned
land adjacent to the existing Larimer County Landfill located at 5887 S. Taft Hill
Road and the 626 acres of County owned property located at the intersection of
County Road 76 East and County Road 11 North. An alternate site for Tier 1
composting facilities is indicated on the map in appendix D, which is on jointly
owned property by the County, City of Fort Collins, and City of Loveland.
Construction of any new Tier 1 Infrastructure on land jointly-owned by Larimer
County, Loveland and Fort Collins will require consent from the Cities of Fort
Collins and Loveland as landowners and pursuant to the 1974 Operating
Agreement. If consent is not given by Fort Collins or Loveland, Larimer County
shall not be required to provide the yard waste and food waste facilities described
in Sections 5.1.7 and 5.1.8 below; however, the Parties agree to negotiate in an
effort to find an alternative location for such facilities.
5.1.2 Facility Design and Construction. The County shall be responsible for all Tier 1
Infrastructure Facility Design and Construction activities. In addition to the
development of the Tier 1 Infrastructure Facilities, the County will annually
evaluate, in close coordination with the Solid Waste Policy Council described in
Section VI, the applicability/feasibility of developing the Tier 2 and Tier 3
Infrastructure Facilities based on current waste management practices, the waste
market within the region, and quantity and quality of waste materials managed
within the Tier 1 Infrastructure Facilities. The County reserves the right to design
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and construct any Tier 1 Infrastructure Facilities prior to the dates and/or volumes
set forth in this Agreement.
5.1.3 Project Funding and Financing. The County shall be responsible for all funding
and financing of Tier 1 Infrastructure Facilities, and retain all corresponding
revenue, within the County’s Solid Waste Enterprise. Funding and financing of
Tier 2 and Tier 3 Infrastructure Facilities will be determined at the time of facility
planning and development.
5.1.4 Facility Operations and Maintenance. The County shall own and operate all Tier
1 Infrastructure Facilities and shall be responsible for operations and maintenance
of the facilities. The County may hire private service providers to operate Tier 1
facilities at its discretion, however, County shall at all times retain ownership and
any contracted service provider shall only serve as a vendor for operational
purposes. In no event shall County delegate discretionary rate-setting authority and
no private vendor will have authority or influence over the integrated waste
management systems implemented by this Agreement. The County shall receive
all income from the operation of Tier 1 Infrastructure Facilities. In the event there
are any operating losses in connection with the Tier 1 Infrastructure Facilities, the
County shall bear the same without contribution from the Parties. Operations and
maintenance of Tier 2 and Tier 3 Infrastructure Facilities will be determined at the
time of facility planning and development. The County shall continue to operate
and maintain the Larimer County Solid Waste Infrastructure System for the term of
this Agreement.
5.1.5 Hauler Licensing. The County shall support and participate with the Parties in a
coordinated approach to data tracking. The County hauler licensing program will
be developed and implemented no later than January 1, 2020. Appendices B and
C attached hereto provide proposed minimum hauler licensing requirements and
maps, which will be applied in the County’s hauler licensing program.
5.1.6 Solid Waste Management. The County agrees to develop and construct the Tier
1 Infrastructure Facilities to manage solid waste that include a Central Transfer
Station and New County Landfill, that will be operational prior to the closure of the
current Larimer County Landfill. The County will design and construct the Tier 1
Central Transfer Station and the New County Landfill beginning in 2019 to accept
solid waste on October 1, 2023.
5.1.7 Yard Waste Material Management. The County agrees to develop and construct
the Tier 1 Yard Waste Windrow Compost Facility and to establish fees that promote
segregation of yard waste from disposal and encourage composting. The County
will continue to operate the current green waste landfill segregation program at the
Larimer County Landfill through calendar year 2021. The County will design and
construct the Tier 1 Yard Waste Windrow Compost Facility beginning in 2019 to
accept yard waste on June 1, 2021.
5.1.8 Food Waste Material Management. The County agrees to develop and construct
the Tier 1 Food Waste Compost Facility to recycle and compost segregated food
waste upon adoption of policies or programs pursuant to section 5.2.4 of this
agreement. The Parties shall coordinate through the Solid Waste Policy Council
the development and timing of food waste collection programs that meet the
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required quantities to properly schedule the planning, design, and construction of a
food waste compost facility, and establish policies to encourage composting.
5.1.9 Construction and Demolition Waste Management. The County agrees to
develop, construct and operate the Tier 1 Construction and Demolition Waste
Processing Facility to recycle mixed construction and demolition waste and to
establish policies to encourage recycling of mixed construction and demolition
waste. The County will design and construct the Tier 1 Construction and
Demolition Waste Processing Facility pursuant to section 5.2.5 of this agreement
within not more than four years of policy adoption.
5.1.10 Single Stream Recycling Material Management. The County shall continue to
own and operate a Single Stream Recycling Materials Management Facility. The
County agrees to issue a request for letters of interest from private companies to
expand or replace the existing Recycling Facility for conversion to a full-service
Clean Material Recovery Facility to serve as a regional single stream recycling
center for northern Colorado and potentially other areas upon adopting flow control
for single stream recyclables pursuant to section 5.2.6.
5.1.11 Public Education Programs. The County shall work cooperatively with the
Municipalities to coordinate public education and outreach to provide information
and educational materials that shall engage and educate the community on topics
including waste disposal, recycling, waste prevention, reuse, and materials
handling methods. The Solid Waste Policy Council shall coordinate overall
educational efforts associated with solid waste programs and the best practices for
proper waste management. The Solid Waste Policy Council will coordinate a
toolkit for use within Parties’ education programs to facilitate a consistent look,
feel and message across all of Larimer County. This toolkit may be customized by
the Parties without interfering with the consistent messaging. The Solid Waste
Policy Council will also initiate the formation and regular meetings of an Education
subcommittee comprised of representatives from each Party and appropriate key
stakeholders that will meet at least once per year.
5.1.12 Solid Waste Planning. The County shall serve as the coordinating body with
responsibility for completing and updating the Solid Waste Infrastructure Master
Plan through participation of the Solid Waste Policy Council.
5.2 PARTIES
5.2.1 Solid Waste Management. The Parties shall continue to operate and maintain
their respective Integrated Solid Waste Management System facilities for the term
of this Agreement, provided that the parties may independently relocate, replace,
and/or modify their respective facilities in a manner not detrimental to the overall
operation of the Integrated Solid Waste Management System.
5.2.2 Hauler Licensing. The Parties shall participate in a coordinated approach to data
tracking. Curbside collection requirements will be implemented through the
Parties’ hauler licensing programs, which will be developed and implemented in
accordance with Appendices B and C no later than January 1, 2020. The Parties
agree to manage and enforce Hauler Licensing requirements with reasonable
diligence within their respective jurisdictions.
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5.2.3 Yard Waste Management. The Parties agree to develop and implement local
programs to encourage segregation of yard waste from landfill disposal within the
designated yard waste collection service area as outlined in Appendix B. The
Municipalities agree to waive any claim to a share of revenues from the existing
Larimer County Landfill property for composting operations, should the County
construct the Tier 1 yard waste composting facility on “Alternative Compost Area”
as illustrated in Appendix D. The City of Loveland agrees to direct all yard waste
material received the by the Loveland solid waste program to the Larimer County
yard waste facility commencing on June 1, 2021 or sooner if mutually agreed by
City of Loveland and County.
5.2.4 Food Waste Management. The Parties may implement policies and procedures to
segregate food waste from landfill disposal at their individual discretion. The
Parties shall work cooperatively to plan and implement segregated food waste
programs, to allow County adequate time to construct a food waste processing
facility as described in Section 5.1.8. The Parties must demonstrate to the County
that one or more of them have adopted policies or programs reasonably anticipated
to generate in the aggregate, a minimum of 6,000 tons per year of food waste and a
minimum of 30,000 tons per year of yard waste for delivery to the facility prior to
implementation of the Tier 1 facility construction. The Parties agree to conduct
ongoing education to reduce contamination in food waste collection programs.
5.2.5 Construction and Demolition Waste Management. To support waste diversion,
the Parties may direct mixed construction and demolition waste to the County Tier
1 Construction and Demolition Waste Processing Facility. One or more of the
Parties must adopt policies or programs reasonably anticipated to generate in the
aggregate, a minimum of 60,000 tons per year of mixed construction and
demolition waste for delivery to the facility prior to implementation of the Tier 1
facility construction. The Parties may adopt control measures as deemed
appropriate through the following:
5.2.5.1 Flow control by one or more local Municipalities of mixed construction and
demolition waste reasonably anticipated to generate the minimum volume
set forth in this section 5.2.5;
5.2.5.2 Pricing differentials/incentives; and/or
5.2.5.3 Mandates as developed by the State of Colorado.
5.2.6 Single Stream Recycling Material Management. To support waste diversion
Parties may direct single stream recyclables to the County owned Larimer County
Recycling Center at 5887 S. Taft Hill Road or the County developed full service
Clean Material Recovery Facility. One or more of the Parties, with or without
participation by others, must adopt policies or programs reasonably anticipated to
generate, in the aggregate, a minimum of 55,000 tons per year of single stream
recyclables materials for delivery to the facility prior to the County soliciting letters
of interest for a Clean Material Recovery Facility.
5.2.7 Public Education Programs. Parties shall work cooperatively to coordinate
public education and outreach to provide information and educational materials that
shall engage and educate the community on topics including waste disposal,
recycling, waste prevention, reuse, and materials handling methods. In addition,
each Party will use the jointly-created education and public outreach toolkit within
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the Parties’ educational programs to facilitate a consistent look, feel and message
across all of Larimer County. The toolkit may be customized by the Parties without
interfering with the consistent messaging.
VI. SOLID WASTE POLICY COUNCIL
6.1 There is hereby created an advisory council comprised of representatives from the Parties
which shall be known as the Solid Waste Policy Council (“Council”). The charge of the
Council is to serve in an advisory capacity to the Larimer County Board of Commissioners
on solid waste matters. In addition, the Council shall also be available to the other Parties
to discuss solid waste management and planning matters.
6.1.1 Membership. The membership of the Council shall consist of eight (8) members
as follows: one (1) elected official appointee and one (1) appointee from each of
the signatories to this Intergovernmental Agreement. In the event other
jurisdictions join as parties to this Agreement pursuant to Section 10.5 below,
membership of the Council shall be expanded to include one (1) elected official
appointee and one (1) appointee from such jurisdiction. Members shall be
appointed within 90 days of the Effective Date of this Intergovernmental
Agreement. Each member of the Council shall serve a term of three (3) years,
except the first appointees shall serve staggered terms to avoid all membership
terms ending during the same year. Each member shall be limited to two terms,
with the exception of elected official appointees who may serve for the duration of
their term as an elected official. Regular terms shall begin December 1 and end
November 30 of the expiring term year. Members of the Council shall serve at the
pleasure of their appointing bodies and shall receive no compensation from the
County.
6.1.2 Organization. The Council shall elect a chair and vice-chair and shall adopt
bylaws to guide its deliberations. Each Party shall provide one or more technical
staff to serve in an advisory and staff-support role to the Council (collectively the
“Technical Staff”).
6.1.3 Council Responsibilities. The Council shall:
6.1.3.1 Serve as an ongoing forum to advise and assist the Larimer County Board
of Commissioners, providing it with technical and non-technical advice on
solid waste matters. The Council is not authorized to make decisions or
speak for the Larimer County Board of Commissioners or any other Party.
6.1.3.2 Meet with and provide direction to the Technical Staff. The Technical Staff
shall be available to provide research/technical and programmatic guidance
to the Council on matters including but not limited to infrastructure,
programs, education and master plan updates. Employees of the Parties
have already been collaborating in this capacity, and the intent of the Parties
is for such efforts to continue and for each Party to make one or more of its
employees available to serve as the Technical Staff.
6.1.3.3 Provide comments to the Parties on all policy aspects of Solid Waste
management and planning;
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6.1.3.4 Participate in the development of future recommendations for the Solid
Waste Infrastructure Management Plan (SWIMP) and other plans
governing the future of the Integrated Solid Waste Management System,
and facilitate a review and approval of revisions/updates to the existing
SWIMP by each jurisdiction;
6.1.3.5 Assist in the development of proposed revisions to this Intergovernmental
Agreement between Larimer County and municipalities regarding waste
management;
6.1.3.6 Review and comment on disposal rate proposals and County financial
policies;
6.1.3.7 Review and comment on status reports generated by the Technical Staff
and/or Parties;
6.1.3.8 Promote consistent information exchange and interaction between waste
generators, haulers, recyclers, and the Parties with respect to the Integrated
Solid Waste Management System.
6.1.4 County Responsibilities. The County shall assume the following responsibilities
with respect to the Council:
6.1.4.1 The County shall provide staff support to Council;
6.1.4.2 In consultation with the chair of the Council, the County shall notify
Municipalities and their designated representatives and alternates of
meeting times, locations and meeting agendas. Notification by electronic
mail or regular mail shall meet the requirements of this Subsection;
6.1.4.3 The County shall post such notices of meetings as may be required from
time to time by the Colorado Open Meetings Law and shall maintain
custody of the records of the Council in accordance with the Colorado Open
Records Act;
6.1.4.4 The County shall consider and respond on a timely basis to questions and
issues posed by the Council and shall seek to resolve those issues in
collaboration with the Municipalities.
6.1.4.5 The County shall provide information and supporting documentation and
analyses as reasonably requested by the Council to perform its duties and
functions described herein.
VII. RATE SETTING
The Larimer County Board of County Commissioners may adopt and amend rates for any
Tier 1 Infrastructure Facilities at its sole discretion to fund and recover all capital, debt, operating,
maintenance, depreciation, regulatory, post closure, and any other expenses of the County Solid
Waste Enterprise. Differential pricing of waste streams may be developed and implemented to
assist with waste diversion efforts and support flow control where applicable. Upon the opening
of the central transfer station and initial receipt of waste, sections 5 and 6 of the November 21,
1974 Intergovernmental Agreement regarding free disposal will be terminated.
.
VIII. NOTICE
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Any notice, request, demand, consent, or approval, or other communication required or
permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered
or certified mail, return receipt requested, or by overnight commercial courier, addressed to such
other Party at its respective addresses set forth in Exhibit “A” attached hereto and such notice or
other communication shall be deemed given when so hand-delivered or three (3) business days
after so mailed, or the next business day after being deposited within an overnight commercial
courier.
IX. FUNDING OBLIGATIONS
The financial obligations of the Parties arising under this Agreement that are payable after
calendar year 2019 are contingent upon funds for that purpose being annually appropriated,
budgeted and otherwise made available by the respective governing bodies of the Parties in their
sole discretion. No term or condition of this Agreement is intended nor shall be interpreted to be
a multi-fiscal year obligation.
X. MISCELLANEOUS
10.1 Entire Agreement. This Agreement is to be construed according to its fair meaning and
as if prepared by all Parties hereto and is deemed to be and contain the entire understanding
and agreement between the Parties hereto. There shall be deemed to be no other terms,
conditions, promises, understandings, statements, or representations, expressed or implied,
concerning this Agreement unless set forth in writing and signed by the Parties hereto. This
Agreement cannot be modified except in writing signed by all Parties.
10.2 Governing Law. This Agreement shall be governed by and its terms construed under the
laws of the State of Colorado. Venue for any action shall be in Larimer County, State of
Colorado.
10.3 Agency Relationship. Nothing contained herein is deemed or shall be construed by the
Parties or by any third party as creating a relationship of principle and agent, a partnership
or a joint venture between the parties, or an employment relationship between the Parties.
10.4 Third Party Beneficiaries. This agreement is made for the sole and exclusive benefit of
the Parties, their successors and assigns, and it is not made for the benefit of any third party.
10.5 Addition of New Parties to the Agreement. Additional governmental entities in Larimer
County may be added to this Agreement with the consent of all Parties.
10.6 Severability. If any term or condition of this Agreement is held to be invalid by final
judgment of any court of competent jurisdiction, the invalidity of such a term or condition
shall not in any way affect any of the other terms or conditions of this Agreement, provided
that the invalidity of any such term or condition does not materially prejudice an Party in
their respective rights and obligations under the valid terms and conditions of this
Agreement.
10.7 Uncontrollable Circumstances. No Party shall be deemed in violation of this Agreement
if prevented from performing any of its respective obligations hereunder by reason of
strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, acts of God,
acts of public enemies, acts of superior governmental authorities, weather conditions, right,
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rebellions, sabotage, or any other circumstances for which it is not responsible or that are
not within its control.
10.8 Counterparts. This Agreement may be signed by the Parties in counterpart.
10.9 Governmental Immunity. No term or condition of this Agreement is intended nor shall
be construed as a waiver, either express or implied, of the monetary limits, notice
requirements, immunities, rights, benefits, defenses, limitations and protections available
to the Parties under any applicable law, including but not limited to the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et. seq., as currently written or hereafter
amended or implemented.
10.10 Future Amendment. This Agreement is made in reliance on current laws and legal
authority. The Parties agree to negotiate amendments to this Agreement as may be
necessary to maintain the stated purposes and goals while accounting for changes and
evolution of applicable laws and legal authority.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be ratified by
resolution of their governing Boards or Councils as evidenced by the minutes of their governing
Boards or Councils and executed by their duly authorized officers as of the date first written.
REMAINDER OF PAGE INTENTIONALLY BLANK
SIGNATURE PAGES FOLLOW
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BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO
By: __________________________________
Title: _________________________________
ATEST:
________________________________
Approved as to form:
_______________________________
County Attorney
Page 14 of 20
CITY OF FORT COLLINS, COLORADO
By: _______________________________
Wade Troxell, Mayor
ATTEST:
_________________________________
Approved as to form:
__________________________________
City Attorney
Page 15 of 20
CITY OF LOVELAND, COLORADO
By: _______________________________
Stephen C. Adams, City Manager
ATTEST:
_________________________________
City Clerk
Approved as to form:
__________________________________
City Attorney
Page 16 of 20
TOWN OF ESTES PARK, COLORADO
By: _______________________________
Title: ______________________________
ATTEST:
_________________________________
Page 17 of 20
Appendix A
Tiered Infrastructure Facilities
Table 1 outlines the Tier 1, 2 and 3 Infrastructure Facilities selected with a potential schedule for
siting approval, permitting and design, construction and year to be place in service.
Table 1. Tiered Infrastructure Facilities
Tier Recommendations
Potential Schedule
Local Siting
Approval
Permitting/
Design
Construction
In Service
Tier 1
Central Transfer Station 2019 2020 2021 2022
New County Landfill 2019 2020 2022 2023
Yard Waste Open
Windrow Composting
2019 2019 2020 2021
Construction & Demolition
Waste Processing
2020 2021 2022 2022
Food Waste Composting 2021 2021 2023 2024
Tier 2
Clean Material Recovery
Facility /Upgrade
Assessed Annually Moving Forward
Anaerobic Digestion /Pre-
Processing - WWTP
Tier 3
Waste to Energy (Direct
Combustion)
Possible Future Consideration
Refuse Derived Fuel
Processing
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Appendix B
Regional Recycling and Yard Waste Collection Service Area Map*
February 2019
*Individual Parties may amend this Appendix B to add portions of their
jurisdiction to the Recycling and/or Yard Waste Service Area without consent
from the other Parties.
**Note: As of February 26, 2019, the green shaded area depicted includes all
areas within the city limits of Fort Collins and Loveland. The electronic map
depicted above is maintained by and available from the County and shall
govern the area within which recycling and yard waste collection services must
be offered. It is the County’s intent to include portions of Larimer County in
the above map in the future as the County hauler licensing program is
developed and implemented.
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Appendix C
Hauler Minimum Standards
The Parties will establish minimum hauler requirements as part of a required Hauler License to provide a
coordinated licensing approach for data tracking, educational material distribution, and curbside
collection requirements.
At a minimum, hauler license requirements will include:
a. For single-family residential customers: Pay As You Throw volume based requirements that
apply differential pricing structures for different sized solid waste containers, or a bag
pricing model. Volume based rates will be established with a substantive differential cart
rate. A minimum of two cart sizes shall be required for curbside garbage collection, unless a
bag pricing model is used. Recycling containers shall be provided for areas on map in
Appendix B with each curbside garbage cart. Yard waste collection must be offered as an
option in areas depicted on the map in Appendix B.
b. Requirement that Haulers abide by ordinances in that Party’s jurisdiction.
c. Requirement that Haulers meet Insurance requirements as established by each jurisdiction.
d. Requirement that Haulers list each vehicle in the Hauler’s fleet that will be used for
collection in that Party’s jurisdiction.
e. Requirement that Haulers report twice yearly the waste and recyclable materials (in tons or
cubic yards) collected in the Party’s jurisdiction and the customer type from which the waste
and recyclable material was collected.
f. Requirement that Haulers distribute to customers educational materials provided by Parties
at least once per year.
g. Provisions allowing Parties to conduct audits and penalties for non-compliance.
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Appendix D
Preliminary Site Plan
(Subject to Change)
-1-
ORDINANCE NO. 044, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO
DIRECT MIXED CONSTRUCTION AND DEMOLITION MATERIALS
TO THE FUTURE LARIMER COUNTY CONSTRUCTION AND
DEMOLITION WASTE PROCESSING FACILITY UPON ITS COMPLETION
WHEREAS, pursuant to Resolution 2013-011, the City Council established a waste
diversion policy with the ultimate goal of achieving zero waste for the City ("Zero Waste Goal");
and
WHEREAS, pursuant to Resolution 2014-098, the City Council established priority
actions to further its Zero Waste Goal, including fostering regional discussions, partnerships, and
systems to manage regional waste streams and facilities; and
WHEREAS, the Larimer County Solid Waste Facility located at 5887 South Taft Hill Road
serves as a regional solid waste processing and disposal site for residents of Larimer County
located in municipalities and unincorporated areas, receiving approximately one million cubic
yards of material per year, is forecasted to consume the available permitted capacity by the
fourth quarter of the year 2024; and
WHEREAS, the Larimer County Board of County Commissioners convened in early
2016 the North Front Range Wasteshed Policy Group, now referred to as the North Front Range
Regional Wasteshed Coalition (the "Coalition") (including a Technical Advisory Committee of
staff members and a Policy Advisory Committee of elected officials and a stakeholder advisory
group with more than sixty members) to identify, analyze, and prioritize solid waste
infrastructure and implementation options, resulting in the development of a Solid Waste
Infrastructure Master Plan for adoption by Larimer County; and
WHEREAS, on December 19, 2018, the Larimer County Planning Commission adopted
the 2018 Solid Waste Infrastructure Master Plan (the “County Master Plan”), which includes
various recommendations for infrastructure and facility improvements, education, licensing and
other program elements to provide solid waste services within Larimer County and increase
material diversion from landfill disposal; and
WHEREAS, on January 15, 2019, the City Council adopted Resolution 2019-010
supporting the Master Plan; and
WHEREAS, to work cooperatively to implement the Master Plan, continue to develop joint
programs for consistent public education, and evaluate future technologies associated with solid
waste management the City Council has authorized the Mayor to execute the Intergovernmental
Agreement for Solid Waste Programming and Infrastructure Improvements (the “IGA”); and
WHEREAS, the Colorado legislature has expressly endorsed “local efforts…focused
toward the reduction of the volume and toxicity of the waste stream…through source reduction,
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recycling, composting, and similar waste management strategies” (Section 30-20-100.5,
Colorado Revised Statutes [“C.R.S.”]) and authorized designation of exclusive sites and facilities
for disposal of solid waste (Section 30-20-107, C.R.S.); and
WHEREAS, cooperation pursuant to the IGA will allow for implementation of an
integrated package of waste disposal services designed to increase recycling and confer
significant health and environmental benefits upon the residents of the City and Larimer County
by enhancing recycling incentives and opportunities, obtaining information for the tracking and
planning of waste diversion, and increasing the ability to monitor and enforce recycling and
other waste management laws; and
WHEREAS, the City desires to implement the provisions of the IGA pertaining to
County construction and operation of the County construction and demolition waste processing
facility described therein by adopting this Ordinance requiring mixed construction and
demolition materials to be directed to the County construction and demolition waste processing
facility for a period of ten years after the facility becomes operational; and
WHEREAS, the City Council has determined that this Ordinance will provide significant
environmental benefits and protect the health, safety and welfare of its residents; and
WHEREAS, the City Council has determined that this Ordinance is in the best interests
of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That City Code Section 12-16, Definitions, is hereby amended by the
addition of the following definitions, integrated therein in alphabetical order:
County construction and demolition waste processing facility shall mean the facility described in
the North Front Range Regional Wasteshed Coalition Solid Waste Infrastructure Master Plan
approved by Larimer County on December 19, 2018, as amended from time to time.
Mixed construction and demolition materials shall mean all recyclable and non-recyclable waste
materials generated from construction or demolition activities commingled and stored together in
one or more containers for collection at a job site. Mixed construction and demolition materials
shall exclude hazardous waste as defined in this Section, including but not limited to asbestos or
asbestos containing materials and materials containing lead paint. Any commingled material
containing items designated by the County construction and demolition waste processing facility
as recyclable at the County construction and demolition waste processing facility shall be
considered mixed construction and demolition material.
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Separated construction and demolition materials shall mean all waste materials generated from
construction or demolition activities that are designated as recyclable by the County construction
and demolition waste processing facility and are sorted and stored with only like-kind materials
in separate containers for collection prior to removal from a job site, separate from and not
commingled with other materials. Separated construction and demolition materials shall exclude
hazardous waste as defined in this Section, including but not limited to asbestos or asbestos
containing materials and materials containing lead paint.
Section 3. That City Code Section 12-22, required recycling, is hereby amended to
read as follows:
Sec. 12-22. - Required recycling.
(a) Electronic Equipment. No person shall place electronic equipment in refuse containers for
collection, nor shall any person bury or otherwise dispose of electronic equipment in or on
private or public property within the City. All electronic equipment must either be stored
and presented or delivered to a licensed solid waste collector for recycling in accordance
with the provisions of Subsection 15-416(b) or delivered directly to a qualified recycling
facility for electronic equipment.
(b) Cardboard. No person shall place recyclable cardboard in refuse containers for collection,
nor shall any person bury or otherwise dispose of recyclable cardboard in or on private or
public property within the City. All recyclable cardboard must either be stored and presented
or delivered to a licensed solid waste collector for recycling in accordance with the
provisions of Subsection 15-413(e) or delivered directly to a qualified recycling facility
appropriate for recyclable cardboard.
(c) Mixed construction and demolition materials.
(1) Commencing on the thirtieth day after the County construction and demolition
waste processing facility opens for business, and for a period of ten (10) years thereafter,
all mixed construction and demolition materials that are free of asbestos and lead paint
from new building construction, remodels and additions as set forth in § 5-27
(amendments and deletions to International Building Code), subsections (78) 3602.1,
construction waste management, and (78) 36202.1.1, building demolitions, and City
Code § 5-30 (amendments and deletions to International Residential Code), subsections
(44) R328.1, construction waste management, and (44) R328.1.1, building demolitions,
shall be delivered to the County construction and demolition waste processing facility for
processing, recycling, and disposal as appropriate.
(2) Until the County construction and demolition waste processing facility opens for
business and after the expiration of the ten (10) year period set forth in subsection (1)
above, mixed construction and demolition materials may be delivered to any alternative
recycling facilities as provided in the waste management plan approved by the building
official.
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(3) Separated construction and demolition materials are exempt from this requirement
and can be delivered to any alternative recycling facilities as provided in the waste
management plan approved by the building official.
(d) Owner/Occupant, permit holder responsibility. It shall be the duty of any owner or
occupant of any premises to ensure that bags or containers do not contain materials required
to be recycled under this Section when such bags or containers are offered for solid waste
collection. It shall also be the responsibility of any holder of a building permit issued by the
City to dispose of mixed construction and demolition materials in accordance with this
section.
Section 4. That subsection (78) 3602.1, Construction waste management, contained
in Section 5-27 of the Code of the City of Fort Collins is hereby amended to read as follows:
3602.1 Construction waste management. For remodels and additions over 2,500 square feet, and
for all new buildings, a construction waste management plan acceptable to the building official is
required at the time of application for a building permit. The construction waste management plan
shall be implemented and conspicuously posted on the construction site. All concrete, asphalt,
masonry, wood, metals and cardboard shall be recycled. All mixed construction and demolition
materials (as defined in City Code Section 12-16), shall be delivered to any facility identified in
and disposed of in accordance with City Code Section 12-22(c). Compliance shall be certified by
inspection and documentation and signed final construction waste management plans. Substantive
changes to the plan shall be subject to prior approval by the building official. All roofing permits are
required to submit a final waste management plan and documentation.
Section 5. That subsection (78) 36202.1.1, Building demolitions, contained in Section
5-27 of the Code of the City of Fort Collins is hereby amended to read as follows:
3602.1.1 Building demolitions. Buildings or portions of buildings that are removed shall be
processed in such a way as to safely remove all asbestos and lead paint contaminants. For all
demolitions, excluding non-structural demolitions under 1000 sq.ft. a demolition waste management
plan acceptable to the building official is required at the time of application for a demolition permit.
All metals, asphalt, concrete and masonry that are free of asbestos and lead paint shall be recycled,
and where possible, all remaining materials, such as doors, windows, cabinets, fixtures, and wood,
shall be recycled. All mixed construction and demolition materials (as defined in City Code
Section 12-16), shall be delivered to any facility identified in and disposed of in accordance with
City Code Section 12-22(c). Compliance shall be certified by inspection, documentation, and
signed final demolition waste management plans. Substantive changes to the plan shall be subject to
prior approval by the building official.
Section 6. That subsection (44) R328.1, Construction waste management, contained
in Section 5-30 of the Code of the City of Fort Collins is hereby amended to read as follows:
R328.1 Construction waste management. For remodels and additions over 2,500 square feet, and
for all new buildings, a construction waste management plan acceptable to the building official is
required at the time of application for a building permit. The construction waste management plan
shall be implemented and conspicuously posted on the construction site. All concrete, asphalt,
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masonry, wood, metals and cardboard shall be recycled. All mixed construction and demolition
materials (as defined in City Code Section 12-16), shall be delivered to any facility identified in
and disposed of in accordance with City Code Section 12-22(c). Compliance shall be certified by
inspection and documentation and signed final construction waste management plans. Substantive
changes to the plan shall be subject to prior approval by the building official. All roofing permits are
required to submit a final waste management plan and documentation.
Section 7. That subsection (44) R328.1.1, Building demolitions, contained in Section
5-30 of the Code of the City of Fort Collins is hereby amended to read as follows:
R328.1.1 Building demolitions. Buildings or portions of buildings that are removed shall be
processed in such a way as to safely remove all asbestos and lead paint contaminants. For all
demolitions, excluding non-structural demolitions under 1000 sq.ft. a demolition waste management
plan acceptable to the building official is required at the time of application for a demolition permit.
All metals, asphalt, concrete and masonry that are free of asbestos and lead paint shall be recycled,
and where possible, all remaining materials, such as doors, windows, cabinets, fixtures, and wood,
shall be recycled. All mixed construction and demolition materials (as defined in City Code
Section 12-16), shall be delivered to any facility identified in and disposed of in accordance with
City Code Section 12-22(c). Compliance shall be certified by inspection, documentation, and
signed final demolition waste management plans. Substantive changes to the plan shall be subject to
prior approval by the building official.
Introduced, considered favorably on first reading, and ordered published this 5th day of
March, A.D. 2019, and to be presented for final passage on the 19th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of March, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
are that such policy may inhibit free
enterprise and that this regulation may be
applied to trash in the future
Meetings with the Building Community
In July 2018 staff conducted in-depth, one-on-one
interviews with members of the construction industry,
including developers, builders, and debris haulers to
discuss proposed flow control for mixed loads of
construction and demolition debris. Builders and
developers are most supportive due to jobsite
convenience; concerns from a demolition company
include handling of hazardous materials; small
haulers expressed the most concern over increased
disposal costs.
Key Takeaways from Building Community:
• All-in-one-bin collection of debris will make
compliance with Fort Collins construction
recycling requirements easier
• Cost increases form higher disposal fees are
likely to be negligible compared with total
cost of waste handling and overall project
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31%
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TIMELINE
NEW LANDFILL
A sanitary landfill would be located in Northern
Larimer County accepting only transferred trash.
Analysis and
Stakeholder
Engagement
Facility
Development
2015 2020 2024
Proposed Master
Plan Adoption
Landfill Reaches
Capacity
MORE INFO: FCGOV.COM/WASTESHED
City of Loveland
Aids and services are available for persons with disabilities. 18-20500
DECEMBER 2018
ATTACHMENT 1