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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/16/2019 - ITEMS RELATING TO SOLID WASTE PROGRAMMING AND INFRAgenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY April 16, 2019 City Council 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 2019-047 Authorizing the Execution of an Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements. B. First Reading of Ordinance No. 063, 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 2019-047), 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 No. 063, 2019). The proposed intergovernmental agreement with Larimer County provides a framework for collaboration between the parties that can lead to future infrastructure development. The agreement does not obligate the City to enact any specific policies and consideration of local diversion measures will be based on established principles of stakeholder engagement for innovation. Larimer County is obligated under the IGA to fund and construct new facilities if enough recyclable/compostable material is expected to reach them. Adopting the recommended 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 Throughout this three-year regional process, staff has provided updates 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 23 Item # 23 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). 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 to increase landfill diversion of construction and demolition waste. Larimer County Board of County Commissioners and Loveland City Council both unanimously adopted the Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements at their respective meetings on March 19, 2019. Estes Park Town Board will be considering the IGA April 23rd. Fort Collins City Council has been represented on the Policy Advisory Committee of the Wasteshed Coalition since 2016 by Mayor Troxell and Councilmember Cunniff. 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 plan for what comes after the Larimer County landfill reaches capacity (2024) and to improve the local waste and recycling system, providing 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 (considered by the 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. The Master Plan includes analysis of the following facilities: Tier 1: to be constructed in the near term • Central Transfer Station • New County Landfill • Yard Waste Composting Facility • Food Waste Composting Facility * • Construction and Demolition Recycling Facility * Tier 2: to be assessed annually for feasibility • Clean Material Recovery Facility for Single Stream Recyclables * • Anaerobic Digestion for Food Scraps Tier 3: for future consideration • Waste to Energy • Refuse Derived Fuel Processing * requires policy/programs directing materials to the facility for construction to commence Resolution - Intergovernmental Agreement The Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements (IGA) outlines how the communities can work together to trigger infrastructure development through a combination of code changes and programs to send waste materials to resource recovery facilities. The IGA does not commit the parties to take specific actions; it is left up to each community to consider appropriate, local diversion policy. Larimer County will wait to initiate development of the food scrap composting facility, construction and demolition waste sorting facility, and the recycling center upgrade until it is clear that each facility will receive enough waste material to be viable. • Obligations of Larimer County The County has the bulk of the substantive obligations under the IGA. The County agrees to: Agenda Item 23 Item # 23 Page 3 o fund, construct, own, and manage new Tier 1 Facilities, including Central Transfer Station, New County landfill, and Yard Waste Composting Facility, to be operational prior to the closure of the current Larimer County Landfill o if minimum thresholds for anticipated waste material are met, initiate construction of the Food Waste Composting Facility, Construction and Demolition Waste Processing Facility, (Tier 1 Facilities) and Recycling Center Upgrade (Tier 2 Facility). • Obligations of All Parties o operate and maintain respective solid waste management facilities – including Estes Park Transfer Station, Fort Collins Timberline Recycling Center and Crushing Operations Facility, Loveland collection vehicles and Recycling Center, and the Larimer County Solid Waste Infrastructure System (including rural convenience centers) o look at local waste diversion policies that may be adopted 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 per party ▪ review and consider Tier 2 and Tier 3 facilities at least annually, including waste-to- energy innovations 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 • 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 City of Fort Collins’ obligations under the IGA include only the following policies or actions, many of which are already standard practice or required in Fort Collins: o hauler licensing • minimum standards in the IGA are consistent with City’s current requirements; o hauler licensing includes a curbside recycling collection requirement • Fort Collins already requires licensed haulers to provide curbside recycling; • Fort Collins does not direct recycling to a specific recycling facility and the IGA does not require it to do so; o encourage segregation of yard waste from landfill disposal • Fort Collins’ licensed residential haulers are all required to offer optional yard waste collection service upon customer request; o manage and enforce its own hauler licensing requirements; o coordinate data tracking of material collected in Fort Collins with other jurisdictions; o public education and outreach • IGA requires cooperation and use of a jointly-created toolkit; o participate in the Policy Council • two members – one appointed member, one elected official; o making one or more of the City’s employees available to serve as the Technical Staff to the Policy Council; o operate and maintain its Timberline Recycling Center and Hoffman Mill Crushing Facility for the term of the Agreement • The City may independently relocate, replace, and/or modify its facilities so long as not detrimental to the overall operation of the Integrated Solid Waste Management System. The possible policies to support new Tier 1 and 2 resource recovery facilities, which may be adopted by the parties, include measures to direct specific waste materials to certain facilities (i.e., flow control). The IGA only requires parties to look at such policies – whether or not to enact a flow control ordinance is within the discretion of each jurisdiction with public and stakeholder input. Agenda Item 23 Item # 23 Page 4 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). The following table explains what is needed for each facility to be developed: Facility Policy That Would Initiate Construction Status New Landfill N/A Already underway Central Transfer Station N/A Already underway Yard Waste Composting Facility Loveland yard waste commitment Committed by Loveland March 19 in IGA adoption Construction and Demolition (C&D) Waste Processing Facility Fort Collins flow control for mixed loads of C&D Topic of consideration in this agenda item summary Food Waste Composting Facility TBD Local programs / policy to be explored in the future Recycling Center Conversion to Material Recovery Facility (MRF) Flow control for single stream recyclables Not recommended due to adverse market conditions Due to the amount of construction and demolition waste generated by projects in Fort Collins, adopting the Construction and Demolition Waste Recycling Code Change set forth in the Ordinance would meet the “reasonably anticipated minimum” in the IGA and trigger the County’s obligation to develop the construction and demolition sorting facility. Staff from Loveland and Larimer County intend to bring forth to their boards flow control policies for mixed construction and demolition waste in the future. Ordinance No. 063, 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. Diverting this portion of the waste stream from landfill would amount to a third of the progress needed to reach Fort Collins’ 2025 Zero Waste goal. Current Situation The Fort Collins building code currently requires the recycling of four materials (wood, aggregates, metal, and cardboard) documented 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). Agenda Item 23 Item # 23 Page 5 Proposed Policy Flow control for this material 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 significantly increase landfill waste diversion by ensuring enough material is delivered to the C&D sorting facility for it to become a viable regional asset with enough output to kick-start regional end markets. Because the IGA states 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”. The existing system would remain an option for builders because 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 prefer that option. Key takeaways for C&D flow control policy • All co-mingled loads of C&D debris would have to be directed to a specific, County-owned facility • Although the building code would change now, the requirement would only be triggered by Larimer County’s construction 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 construction projects as current recycling requirements • New system would provide the convenience of “all-in-one-bin” collection service • Status quo options would remain; separating recyclables on site would be permissible under code amendments Comparable Regional Policy Under the IGA, Loveland has committed the yard waste materials from its collection and drop-off services to be delivered to a County-owned composting facility, once it is operational. By meeting the minimum threshold for yard waste Loveland has triggered construction of the Tier 1 Yard Waste Composting Facility, which will provide regional infrastructure for Fort Collins residents and businesses to utilize. 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 compostable/recyclable material from the C&D portion of the waste stream represents a third of the progress needed to meet Fort Collins’ Zero Waste goal for 2025 (90% landfill diversion rate). In response to hauler concerns about increased transfer truck traffic through Fort Collins from the Central Transfer Station to the New County Landfill, City traffic engineers reviewed the data and provided the following conclusions: • Arterial roadways, state highways, and interstate o Current peak vehicular volumes for impacted intersections of 2,500-4,000 vehicles/hour o Impact of additional truck traffic off-peak – 0.5% to 1.0% increase in traffic (considered nominal) Agenda Item 23 Item # 23 Page 6 o During peak volumes – 0.25% to 0.4% (considered nominal) • College Avenue & Trilby intersection has greatest potential impact o Current design improvements are underway, increasing turn lanes and capacity within the next two years Conclusions are based on 50 truck loads per day (100 trips); even doubling that number of trips would not increase the results above a nominal impact. 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) At its February 28, 2019 meeting, the Building Review Board voted unanimously to recommend for adoption the proposed building code amendments to require mixed loads of construction and demolition waste be directed to the future Larimer County sorting facility, as presented. (Attachment 10) 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. (Attachment 8) o A special meeting of the Policy Advisory Committee was held on April 4, 2019 to review specific concerns expressed by members of a hauling company. (Attachment 11) • 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. (Attachment 9) Agenda Item 23 Item # 23 Page 7 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. Hauler Communications Memo (PDF) 9. Public Engagement Summary (PDF) 10. Building Review Board minutes, February 28, 2019 (draft) (PDF) 11. Wasteshed PAC-Hauler April 4 Meeting Summary (PDF) 12. 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 ͘ ZĞŐŝŽŶĂůtĂƐƚĞƐŚĞĚWƌŽũĞĐƚ ,ŽŶŽƌĞĞƉĞǁ͕ŶǀŝƌŽŶŵĞŶƚĂůWůĂŶŶĞƌ͕^ƵƐƚĂŝŶĂďŝůŝƚǇ^ĞƌǀŝĐĞƐ :ĂĐŬŝĞdŚŝĞů͕ŚŝĞĨ^ƵƐƚĂŝŶĂďŝůŝƚǇKĨĨŝĐĞƌ yhd/s^hDDZzŽƵŶĐŝůƌĞǀŝĞǁĞĚƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĨŽƌŶĞǁƐŽůŝĚǁĂƐƚĞŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚ 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ƐǇƐƚĞŵ͕ƉŽůŝĐǇĚĞǀĞůŽƉŵĞŶƚĂŶĚƚŚĞĨƵƚƵƌĞĚĞƐŝŐŶͬĞǆƉĂŶƐŝŽŶŽĨǁĂƐƚĞƐŚĞĚŝŶĨƌĂƐƚƌƵĐƚƵƌĞ͘tĞǁŽƵůĚ ďĞƉƵƚƚŝŶŐƚŚŝƐŬŝŶĚŽĨůĂŶŐƵĂŐĞŝŶƚŽƚŚĞĚƌĂĨƚ/'͘ DĂǇŽƌdƌŽǆĞůů͖KŶĞƚŚŝŶŐ/ǁŽƵůĚůŝŬĞƚŽƐƵŐŐĞƐƚĂƐǁĞǁŽƌŬŽŶƚŚĞ/'ƌĞŐĂƌĚŝŶŐǁĂƐƚĞĞŶĞƌŐǇͲǁĞ ďĞĐŽŵĞŵŽƌĞĂĨƵůůƉĂƌƚŶĞƌͲdŝĞƌϭĂŶĚdŝĞƌϮŐŝǀĞƐƚŚĞǁĂƐƚĞĞŶĞƌŐǇĂƐĂĨŝƌƐƚͲĐůĂƐƐĐŝƚŝǌĞŶŝŶƚŚĞ ĂŐƌĞĞŵĞŶƚďĞƚǁĞĞŶƚŚĞƉĂƌƚŶĞƌƐĂƐŝƚƌĞůĂƚĞĚƚŽŐŽŝŶŐĨŽƌǁĂƌĚ͘ :ĂĐŬŝĞdŚŝĞů͖ǁĞĐĂŶƐŚĂƌĞƚŚĂƚǁŝƚŚƚŚĞĐŽƵŶƚǇƉƌŝŽƌƚŽƚŚĞŵĞĞƚŝŶŐŽŶ&ƌŝĚĂǇͲƚŚĞǇǁŝůůǁĂŶƚƚŽ ĚŝƐĐƵƐƐǁŝƚŚƚŚĞƉĂĐƚĂďŽƵƚǁŚĂƚƚŚĂƚůĂŶŐƵĂŐĞŵŝŐŚƚůŽŽŬůŝŬĞ͘ DĂǇŽƌdƌŽǆĞůů͖ƚŽŵĂŬĞƚŚĞŽƵŶĐŝů&ŝŶĂŶĐĞŽŵŵŝƚƚĞĞĂǁĂƌĞ͕ĂůĞƚƚĞƌŚĂƐďĞĞŶĚƌĂĨƚĞĚƚŚĂƚƐƉĞĂŬƐƚŽ ĐŽŶĐĞƌŶƐƚŚĂƚZŽƐƐĂŶĚ/ŚĂǀĞĂƐďĞŝŶŐŵĞŵďĞƌƐŽĨƚŚĞƉŽůŝĐǇŐƌŽƵƉʹƚŚĞϭϭƚŚ ŚŽƵƌŝŶƚƌŽĚƵĐƚŝŽŶŽĨĂ ϯƌĚ ƉĂƌƚǇƚŽĚŽƚŚĞůĂŶĚĨŝůůƌĞĂůůǇŶĞĞĚƐƚŽƌĞĂƐƐĞƐƐĂůůŽƉƚŝŽŶƐƚŚĂƚďƌŽƵŐŚƚƵƐƚŽƚŚŝƐƉŽŝŶƚŝŶƚŚĞĨŝƌƐƚ ƉůĂĐĞ͘ ZŽƐƐƵŶŶŝĨĨ͖/ĂŵĂůŵŽƐƚĚŽŶĞƌĞǀŝĞǁŝŶŐƚŚĞůĞƚƚĞƌĂŶĚ/ŚĂǀĞƐŽŵĞŵŝŶŽƌĐŚĂŶŐĞƐĨƌŽŵŵǇƐŝĚĞ͘ ŽǀĞƚĂŝůŝŶŐŽŶĂĐŽƵƉůĞŽĨǇŽƵƌŽƚŚĞƌƉŽŝŶƚƐ͖ǁŝƚŚƌĞƐƉĞĐƚƚŽŽƵƌďŝŽĚŝŐĞƐƚŽƌĂƚƚŚĞǁĂƐƚĞǁĂƚĞƌƉůĂŶƚ ĐƵƌƌĞŶƚůǇǁĞƐĂǇƚŚĂƚƉĞŽƉůĞĐĂŶƉƵƚŶŽŶĨĂƚǁĂƐƚĞĚŽǁŶƚŚĞŝƌŐĂƌďĂŐĞĚŝƐƉŽƐĂůƐͲŽƵƌĐƵƌƌĞŶƚ 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ĨƵƚƵƌĞĨŽƌĐŽůůĞĐƚŝŽŶŽĨŽƌŐĂŶŝĐƐŝŶƉĂƌƚŝĐƵůĂƌ͘dŚŝƐǁŽƵůĚƐĞƚƵƐƵƉĨŽƌƚŚĂƚƐŽƌƚŽĨĨƵƚƵƌĞ͘ ĂƌŝŶƚƚĞďĞƌƌǇ͖ƚƌĂŶƐĨĞƌƐƚĂƚŝŽŶƐͲŚĂǀĞǇŽƵŐŽƚƚĞŶƚŽƚŚĞƉŽŝŶƚŽĨƚĂůŬŝŶŐĂďŽƵƚŽŶĞůŽĐĂƚŝŽŶŽƌ ŵƵůƚŝƉůĞůŽĐĂƚŝŽŶƐ͍ ,ŽŶŽƌĞĞƉĞǁ͖ƚŚĞ^ŽƵƚŚdĂĨƚ,ŝůůZŽĂĚůŽĐĂƚŝŽŶŝƐŝĚĞĂůďĞĐĂƵƐĞϳϱйŽĨƚŚĞƉŽƉƵůĂƚŝŽŶůŝǀĞƐǁŝƚŚŝŶϭϱ ŵŝůĞƐŽĨŝƚ͘ ZŽƐƐƵŶŶŝĨĨ͖KƵƌĐƵƌƌĞŶƚŚĂƵůĞƌƐďƵƐŝŶĞƐƐŵŽĚĞůƐĂƌĞďĂƐĞĚŽŶƚƌĂŶƐƉŽƌƚĂƚŝŽŶƚŽƚŚĂƚĨĂĐŝůŝƚǇ͘ ZŽƐƐƵŶŶŝĨĨ͖ƚŚĞƌĞŝƐĂƉƌŽǀŝƐŝŽŶŝĨƚŚĞŶĞǁĨĂĐŝůŝƚǇŝƐďƵŝůƚƚŚĂƚtĞůůŝŶŐƚŽŶĂŶĚƉĂƌƚƐŶŽƌƚŚǁŽƵůĚďĞ ĂďůĞƚŽƚĂŬĞĚŝƌĞĐƚůǇƚŽƚŚĂƚĨĂĐŝůŝƚǇͲǁƌŝŶŬůĞƚŚĂƚŶĞĞĚƐƚŽďĞĨŝŐƵƌĞĚŽƵƚǁŝƚŚƚŚŝƐĂůƚĞƌŶĂƚŝǀĞŽĨƉƌŝǀĂƚĞ ŽƉĞƌĂƚŝŽŶƐ͘ ĂƌŝŶƚƚĞďĞƌƌǇ͖ƐŵĂůůĚĞƚĂŝůͲƐĞǀĞƌĂůǇĞĂƌƐĂŐŽƚŚĞĐŽƵŶƚǇĞůŝŵŝŶĂƚĞĚ^ƵŶĚĂǇŚŽƵƌƐĚƵĞƚŽďƵĚŐĞƚ ĐƵƚƐ͘ƚƌĂŶƐĨĞƌƐƚĂƚŝŽŶǁŚŝĐŚǁŽƵůĚƌĞƋƵŝƌĞůĞƐƐŽŶͲƐŝƚĞƐƚĂĨĨŝŶŐͲƚŚĞŝĚĞĂŽĨďĞŝŶŐŽƉĞŶŽŶ^ƵŶĚĂǇ ŚŽƵƌƐǁŽƵůĚďĞĂƉůƵƐĨƌŽŵĂĐƵƐƚŽŵĞƌƐĞƌǀŝĐĞƐƚĂŶĚƉŽŝŶƚ͘ ,ŽŶŽƌĞĞƉĞǁ͖ĐŽŶǀĞŶŝĞŶĐĞĨŽƌŐƌĞĞŶǁĂǇĚƌŽƉŽĨĨŽŶ^ƵŶĚĂǇĂƐǁĞůůͲŶŽŶƚƌĂƐŚƉĂƌƚ͘ <ĞŶ^ƵŵŵĞƌƐ͖/ůŝŬĞƚŚĞĂƐƉĞĐƚǁŚĞƌĞƚŚĞĐŽƵŶƚǇƉĂǇƐĨŽƌŝƚͲŝŶƚĞƌŵƐŽĨƚŚĞŽƉĞƌĂƚŝŽŶĂůĂƐƉĞĐƚŽĨŝƚ ŵŽǀŝŶŐĨŽƌǁĂƌĚƚŚĞƉƵďůŝĐĞĚƵĐĂƚŝŽŶƉŝĞĐĞŽĨŝƚŝŶƚĞƌŵƐŽĨǁŚĂƚZŽƐƐǁĂƐƐĂǇŝŶŐŝŶƚĞƌŵƐŽĨƚŚĞǁĂƐƚĞ ƐƚƌĞĂŵͲĂƐǁĞůŽŽŬĂƚƌĞĚƵĐĞĚŽƌǌĞƌŽǁĂƐƚĞƚŚĞƌĞĂƌĞƐŽŵĞƌĞĂůƐŝŐŶŝĨŝĐĂŶƚƉƵďůŝĐĞĚƵĐĂƚŝŽŶŶĞĞĚƐͲ ƉĞŽƉůĞĂƌĞŵŽƌĞƚŚĂŶǁŝůůŝŶŐƚŽĚŽǁŚĂƚƚŚĞǇĐĂŶĚŽŝĨƚŚĞǇŬŶŽǁǁŚĂƚƚŽĚŽ͘ /ŶƚĞƌŵƐŽĨƚŝŵĞůŝŶĞ͕ƚŚĞĐƵƌƌĞŶƚůĂŶĚĨŝůůŝƐƐĐŚĞĚƵůĞĚƚŽďĞĂƚĐĂƉĂĐŝƚǇͬƐƵŶƐĞƚŝŶϮϬϮϱͲ ĂŶƐŽŵĞŽĨƚŚĞƐĞƐƚƌĂƚĞŐŝĞƐďĞĨĂƐƚƚƌĂĐŬĞĚͲƉĞƌŚĂƉƐƚŚĞůŝĨĞŽĨƚŚĞĐƵƌƌĞŶƚůĂŶĚĨŝůůĐŽƵůĚďĞĞǆƚĞŶĚĞĚ ŝĨǁĞŐĞƚƐŽŵĞŽĨƚŚĞŽƚŚĞƌǁĂƐƚĞĚŝǀĞƌƚĞĚ͍ DĞĞƚŝŶŐĂĚũŽƵƌŶĞĚĂƚϭϭ͗ϮϰĂŵ 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 ATTACHMENT 8 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; March 31, 2019 • Air Quality Advisory Board – November 19, 2018 • Water Board – June 21, 2018 • Fort Collins Super Board Meeting – October 9, 2017 • Building Review Board – February 28, 2019 • 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. • The Building Review Board voted unanimously to recommend adoption of the proposed amendments to City building codes. 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. 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 infrastructure to be within the Wasteshed • Interest in regional end-markets for recycling “waste” material • Maintaining affordability and convenience for residents and businesses • Need for robust public outreach/education Meetings with Private Waste Haulers Staff met directly with private trash/recycling transportation companies seven times between December 2017 and January 2019 to seek input and listen to concerns, in addition to seven meetings of the Stakeholder Advisory Group, to which haulers were invited. Staff shared hauler criticisms with Council along with the complete spectrum of feedback from stakeholder engagement. A detailed summary of hauler communications related to this project may be found in a separate Council memo (Attachment 8). In 2018, Hauler meetings were held in May, July, A special meeting between elected officials from the Coalition communities and representatives of the three curbside haulers in Fort Collins was held on April 4, 2019. Specific concerns related to both the Intergovernmental Agreement (IGA) and the County Master Plan were discussed and included: • IGA Obligations • Landfill Suitability/Location • Master Plan Data • Transportation Impacts • Flow Control Policy Responses to the specific issues raised are detailed in a separate Council memo. 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 waste haulers, to discuss the impacts of building code changes that would direct mixed loads of construction and demolition debris to future County-owned sorting facility. Builders and developers were supportive due to jobsite convenience and overall cost savings. Concerns from a demolition company included the potential for handling hazardous materials. Smaller waste haulers expressed concern over increased disposal costs. Key Takeaways from Building Community: • All-in-one-bin collection will make compliance with Fort Collins’ existing construction recycling requirements easier • Cost increases form higher disposal fees are likely to be offset by decrease to total cost of waste handling from added collection convenience and decrease in staff cost for training and recycling oversight • 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 DRAFT - EXCERPT City of Fort Collins Page 1 February 28, 2019 Alan Cram, Chair City Council Chambers Tim Johnson, Vice Chair City Hall West Brad Massey 300 Laporte Avenue Bernie Marzonie Fort Collins, Colorado Katharine Penning Justin Robinson Staff Liaison: Russ Hovland Chief Building Official The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Regular Meeting Minutes – Excerpt for C&D Waste February 28, 2019 A regular meeting of the Building Review Board was held on Thursday, February 28, 2019, at 1:00 p.m. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue, Fort Collins, Colorado. • CALL TO ORDER Chair Cram called the meeting to order at 1:00 p.m. • ROLL CALL PRESENT: Cram, Johnson, Massey, Marzonie, Penning ABSENT: Robinson STAFF: Hovland, Gerber, Van Hall, Depew, Kadrich, Yatabe, Schiager ***BEGIN EXCERPT*** 3. PROPOSED BUILDING CODE CHANGES TO REQUIRE MIXED CONSTRUCTION AND DEMO WASTE BE SENT TO NEW COUNTY RECYCLE SORTING FACILITY DESCRIPTION: Honore Depew, Senior Sustainability Specialist for Waste Reduction and Recycling, will present the details of a proposed ordinance to amend the I-codes to help divert construction and demolition debris (C&D) and enable the construction of a new C&D sorting facility. This item will be considered for first reading by City Council at its March 5th regular meeting. Building Review Board ATTACHMENT 10 DRAFT - EXCERPT City of Fort Collins Page 2 February 28, 2019 Staff Report Mr. Depew explained these changes would amend Section 12 of the general Municipal Code in addition to the I-Codes. He discussed the impending closure of the existing landfill and stated a new county landfill in the north part of the county will be constructed along with a central transfer station, composting facility, sorting facility for mixed loads of construction waste, and an improved recycling center at the existing landfill area. Mr. Depew stated this ordinance would direct all mixed loads of construction and demolition debris to a County-owned facility starting once it is operational, around 2022, and continuing for 10 years. He requested feedback on the proposed changes. Board Comments Ms. Penning commended the proposed changes as being a good way to ensure recycling and composting is happening, particularly with smaller projects that cannot sort onsite. Mr. Johnson asked why the period of 10 years is included. Mr. Depew replied the County is not trying to compete with the private sector; therefore, after the public investment in this facility and its use for 10 years, the development of a comparable facility by the private sector would be permissible. Mr. Johnson asked if the quantities of each debris category could be captured to help qualify construction for LEED certification. Mr. Depew replied in the affirmative stating the new facility will provide receipts of materials received. Chair Cram noted there is currently a problem with the lack of a market for recycled materials. He asked about the possibility of that happening with construction materials. Mr. Depew replied the global recycling markets for traditional curbside recycling has been disrupted by China's decisions; however, that condition does not apply to building materials as they are so heavy and voluminous that they tend to be used more locally or regionally. Chair Cram asked about construction dumpsters being contaminated with items from the public. Mr. Depew replied challenges would exist with hazardous waste; however, this should alleviate the issue as non-recyclable items can be sorted at the facility. Mr. Massey asked about the threshold for C&D recycling. Mr. Hovland replied a scope of work of at least 1,000 square feet triggers the C&D requirement. Ms. Penning asked if the threshold could be reduced. Mr. Depew replied that could occur in the future; however, the intention at this time was to not introduce anything that would deviate from the norm beyond this one change triggered by future completion of the facility. Mr. Marzonie asked if the cost of this facility is comparable to the existing facility. Mr. Depew replied it is a bit difficult to quantify as costs vary by the type of project and the material volume. The cost of dropping material at the proposed sorting facility will be more expensive than the cost of putting material into a landfill. The estimated cost per ton for trash is $29 per ton and $37 per ton for C&D. Mr. Johnson stated there is value in having the operations all in one place. Public Input None. Board Deliberation Mr. Massey moved to support the new program to require use of the future Larimer County landfill transfer station as presented. Ms. Penning seconded. The motion passed 5-0. ***END EXCERPT*** Minutes prepared by Tara Leman, Tripoint Data, and respectfully submitted by Gretchen Schiager. REGIONAL WASTESHED PLANNING APRIL 4, 2019 PAC-HAULER MEETING SUMMARY In March 2019, Gallegos Sanitation Inc. (GSI) requested to share additional information and input to the Regional Wasteshed Project. Mayor Troxell and Councilmember Cunniff, who have served on the Regional Wasteshed Coalition’s Policy Advisory Council since 2016, met with GSI on March 25th to understand GSI’s concerns, during which GSI shared key concerns. That information formed the agenda for an additional meeting of the Policy Advisory Council of the Regional Wasteshed Coalition on April 4th, where the following information was shared and discussed with GSI and other Fort Collins haulers, Ram Waste and Waste Management. LOCATION OF NEW COUNTY LANDFILL Expanding Landfill onto Half‐section South of Current Larimer County Landfill  GSI slides suggest the next Larimer County landfill should be built on the southern portion of the existing landfill property on S. Taft Hill Rd, which is closer to population growth and would prevent waste being hauled to Larimer County’s proposed northern landfill site.  Representatives of the Regional Wasteshed Coalition shared that: o Expanding the landfill to the south of the current site is not feasible because:  There is a high groundwater table, making the site excessively expensive to develop for landfilling.  The site has been excavated to provide soil for “daily cover” at the existing landfill. A landfill on the south portion of the current landfill property would require many trucks per day of soil to be imported to the site.  It is not currently permitted for a landfill by the Colorado Department of Public Health and the Environment; because of the adjacent, existing unlined landfill the southern site would be unlikely to receive a permit. New County Landfill Site Suitability  GSI shared Wasteshed documentation that the New County Landfill site in northern Larimer County is not guaranteed to be suitable for a landfill.  Representatives of the Regional Wasteshed Coalition shared that: o The property purchased by Larimer County in the early 2000’s near Rawhide Power Plant is geologically suited to be a landfill and has sufficient space to be a long‐term landfill, based on initial analysis. o The Solid Waste Infrastructure Master Plan thoroughly compared the option of building a new County landfill to initiating a long‐term contract with a private landfill. There remains a remote possibility that further examination could find the north Larimer County site to be unsuitable (such as finding endangered species on the site In that case, the Regional Wasteshed Coalition agreed to conduct significant analysis, including public input, to identify alternative options. o The County also shared that it has entered into contracts for design/construction of the New County Landfill and Central Transfer Station, which will be operational by the time the current landfill reaches capacity. Costs for Expanding or Building a New Landfill  GSI slides indicate current landfill is only half full and uses numbers from a Colorado Department of Public Health and Environment report to estimate costs to expand the current landfill.  Representatives of the Regional Wasteshed Coalition shared that: o While half of the cells of the current landfill are still technically open, they are all nearly full; the forecasted date of 2024 for the landfill reaching capacity is based on accurate on‐the‐ground analysis. o The Colorado Department of Public Health and the Environment report is focused on costs to make existing rural landfills compliant with federal regulations, not on costs of building or expanding a landfill. The ATTACHMENT 11 comprehensive and detailed analysis in the Solid Waste Infrastructure Master Plan is specific to the locations and needs of the Wasteshed, thus more accurate than estimates in a statewide plan. DATA ANALYSIS Estimated Volumes of Material Generated  GSI slides show an apparent discrepancy in the estimates for anticipated tons generated.  Representatives of the Regional Wasteshed Coalition shared that GSI misunderstood some of the numbers from different presentations and parts of the Solid Waste Infrastructure Master Plan. The bottom line is that numbers shown in GSI’s slides are not apples to apples. o Some numbers in GSI’s slides include construction and demolition waste, others do not, and some are based on all the material received at the Larimer County Landfill (including from out‐of‐County sources), while others are based on projecting per‐capita waste generation correlated with population growth, which was then reduced by a certain percentage to account for the amount of waste likely delivered to out‐of‐county landfills. Different waste totals were used to calculate different aspects of the planning for the Solid Waste Infrastructure Master Plan. Recycling Market Assumptions in Analysis  GSI slides show the decline in international recycling markets since 2015, when the Regional Wasteshed Coalition project started, and questions whether 2015 recycling markets were assumed in the Solid Waste Infrastructure Master Plan analysis. The slides also dispute the effectiveness of flow control for single stream recyclables.  Representatives of the Regional Wasteshed Coalition shared that: o The Master Plan was completed in late 2018, and that market assumptions were updated throughout the project, including very conservative estimates of future market performance. o Any diversion policy suggested in the Master Plan (such as flow control) would be decided upon completely at the local level; Fort Collins staff and Council clearly stated that flow control for single stream recyclables is not being considered in the current markets. Infrastructure Cost  GSI slides question the capital cost assumptions in the Solid Waste Infrastructure Master Plan  Representatives of the Regional Wasteshed Coalition shared that: o The capital cost for the food waste composting and yard waste compost facility are combined $11.8 million (not 11.8 million apiece). o Larimer County has $40 million available saved for facility replacement in solid waste infrastructure enterprise fund. o The difference between available funds and initial capital cost of new infrastructure will be financed by Larimer County. o Slide 55 references a generalized estimate in a Colorado Department of Public Health and the Environment report. The totals in the Solid Waste Infrastructure Master Plan are based on detailed analysis of the needs and facility details specific to the Wasteshed. TRAFFIC IMPACTS Traffic Volume Impacts  GSI slides indicate the truck traffic of condensed loads of trash from the Central Transfer Station (at the site of the current Larimer County Landfill) being trucked to the site of the New County Landfill in northern Larimer County would generate problematic traffic impacts at intersections and on roadways for Fort Collins.  Representatives of the Regional Wasteshed Coalition shared: o Information provided by Assistant City Traffic Engineer:  The anticipated amount of truck traffic from the transfer semi‐trucks, or even if there were twice as many trucks as anticipated, would represent a “nominal” increase in traffic flow. For arterial roadways, state highways and the interstate, the impact of additional truck traffic during off‐peak volumes is 0.5% to 1.0% (considered nominal), and during peak volumes, the impact of additional truck traffic is 0.25% to 0.4% (also considered nominal.)  All intersections along the likely transfer route are easily capable of handling semi‐truck traffic with the exception of Trilby and College.  Trilby and College is already planned to be redesigned and updated in the next two years. Carbon Emissions from Transfer Vehicles  GSI slides indicate the truck traffic of condensed loads of trash from the Central Transfer Station at the site of the current Larimer County Landfill to the site of the New County Landfill in northern Larimer County would generate problematic carbon emissions.  Representatives of the Regional Wasteshed Coalition shared: o Foundational analysis of the Solid Waste Infrastructure Master Plan included a “Sustainable Return on Investment” (or triple‐bottom‐line) analysis. This extensive and detailed analysis included many factors, including carbon emissions from transfer semi‐trucks. The analysis concluded a significant net benefit for all recommended infrastructure. In other words, the carbon footprint of trucking the materials to be recovered at facilities located at a greater distance is lower than the emissions caused from being buried in the landfill. HAULER PROPOSED SOLUTIONS Expansion of Current Landfill  GSI recommends expanding Larimer County landfill on southern portion of current property or on County or City‐ owned property nearby.  Representatives of the Regional Wasteshed Coalition shared: o For reasons noted above, the landfill cannot be expanded on the southern portion of the Larimer County landfill property. All other property surrounding the Larimer County landfill is open space and cannot be used for a landfill. Innovation, Technology: Waste‐to‐Energy  GSI recommends building a Waste‐to‐Energy facility on the current landfill site. o The Solid Waste Infrastructure Master Plan included extensive analysis of current and emerging waste‐to‐ energy technology.  For many reasons, including capital costs of hundreds of millions of dollars, requirements for control of all waste (meaning flow control policies for all waste, to which haulers have expressed strong opposition), and requiring a larger quantity of waste than is generated in northern Colorado, Waste‐ to‐Energy was identified as a Tier 3 option.  Tier 3 options are recommended to be monitored for future opportunity but are not feasible in the short term.  The Policy Committee of the Regional Wasteshed Coalition, composed of representatives from communities that adopt the Intergovernmental Agreement, will monitor Tier 3 options, including Waste‐to‐Energy technologies, in order to proactively respond to market or technological changes that could support waste to energy development. o Stringent regulations preclude building any infrastructure on top of the currently‐landfilled portion of the property. Environmentally Wise Solutions  GSI recommends seeking environmentally wise solutions.  Representatives of the Regional Wasteshed Coalition shared: o The detailed Sustainable Return on Investment analysis was conducted on every option considered. This analysis included lifecycle costs of the infrastructure, environmental, social and economic impacts of the infrastructure and related operations. The results of the analysis can be read on pages 26‐29 of the Solid Waste Infrastructure Master Plan. All recommended infrastructure yielded positive Sustainable Return on Investment scores. o The Construction and Demolition recycling facility, food waste and yard waste composting facilities would yield opportunities for keeping materials in use in northern Colorado, meeting environmental goals and supporting local economic growth. Allow Free Enterprise for Economic Growth  GSI expresses a lack of support flow control policies.  Representatives of the Regional Wasteshed Coalition shared that flow control policies, which direct specific materials to specific locations: o Would be considered on a community‐by‐community basis. o Are only being recommended for mixed loads of construction and demolition material in Fort Collins.  Larimer County will not build a construction and demolition recycling facility unless flow control policy is adopted for that material.  For a period of 10 years only.  Would allow “status quo” of sorting recyclables on job sites if preferred. o Are not being recommended in the near term in Fort Collins for single stream recyclables due to current international recycling markets. o Has not and will not be considered for trash.  Intergovernmental agreement states that flow control cannot and will not be applied to trash. o Would support facilities that will likely be developed through public‐private partnerships. 1 Regional Wasteshed Items Honore Depew, Jackie Kozak Thiel; Sustainability Services 4-16-19 ATTACHMENT 12 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 Wasteshed Coalition TAC Technical Advisory Committee PAC Policy Advisory Committee Stakeholder Advisory Group 3 Master Plan For Solid Waste Infrastructure Stakeholder Engagement 4 • Stakeholder Advisory Group • 50+ Diverse Members • 7 Meetings over 10 Months • Strong Support for Coalition Recommendations • Community Groups: • Fort Collins Sustainability Group • Fort Collins Chamber of Commerce • Four 2018 Open Houses • Regional Elected Officials’ Meetings Stakeholder Engagement Trash/Recycling Hauling Companies • Seven dedicated meetings with haulers (Dec. ‘17-Jan ‘19) • Invited to seven Stakeholder Advisory Group meetings (2018) • Special PAC meeting held to address concerns (April 2019) 5 Larimer County Capital Investments 6 • Over $50 million invested • No tax revenue needed • No capital expenditure from Fort Collins • Potential to address 75%+ of landfilled waste from Fort Collins New Landfill Central Transfer Station Yard Waste Composting Facility Construction & Demolition Debris Processing Facility Food Waste Composting Facility Recycling Center Improvement 7 • IGA Does Not Require: • Specific policies be adopted by Parties (e.g., flow control) • IGA Does Require: • County to fund, build, own, and manage new facilities • All Parties to explore local waste diversion programs & policies • All Parties to participate in a Solid Waste Policy Council • All Parties to Coordinate data tracking and education • IGA Currently Adopted By: • Larimer County & City of Loveland Intergovernmental Agreement (IGA) Code Changes From 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 recyclables • Not recommended Food Waste Composting Facility Local policy needed; no flow control • Future consideration Construction & Demolition (C&D) Waste Sorting Facility Flow control for mixed loads of C&D debris • Recommended 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 some roll-off haulers IGA Adoption Timeline 12 Loveland Larimer County Fort Collins Estes Park Wellington March 19 (adopted) March 19 (adopted) April 16 April 23 (expected) (considering) Additional Slides link 2016 Landfill Waste - Fort Collins 14 Solid Waste Policy Council Membership of the Solid Waste Policy Council • Advise and assist the Larimer County Board of Commissioners • Appoint two representatives from each Party • Consider future Wasteshed innovations and provide direction to the Technical Staff • Provide comments to the Parties on policy aspects of solid waste management and planning • Review and comment on disposal rate proposals and County financial policies Only Parties to the IGA will be represented on the Policy Council. Additional Parties may adopt the IGA in the future. 15 Impact of Preliminary Haul Route Options 16 Based on 50 loads per day (100 trips) • Arterial roadways, state highways, and interstate - Impact of 0.5% to 1.0% - considered nominal - During peak volumes – 0.25% to 0.4% - considered nominal • College Avenue & Trilby Intersection - Current design improvements underway increasing turn lanes & capacity Final route subject to change Regional Wasteshed Resource Recovery Center (Proposed) 17 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 18 Proposed Facilities 19 RECYCLING CENTER UPGRADES CONSTRUCTION & DEMOLITION DEBRIS PROCESSING FACILITY Proposed Facilities 20 FOOD WASTE COMPOSTING FACILITY YARD WASTE COMPOSTING FACILITY Proposed Facilities 21 CENTRAL TRANSFER NEW LANDFILL STATION Larimer County Capital Investments 22 Facility Initial Capital New Landfill $11.7M Central Transfer Station $15.8M Yard & Food Waste Composting Facilities $11.8M Construction & Demolition Debris Processing Facility $13.7M Total: $53M No tax revenue used No capital expenditure from City Triple Bottom Line Analysis (Sustainable Return on Investment) “Sustainability Value” SROI Process Step 1: Identify Impacts • Collect information about program and key drivers • Establish framework for estimation • Identify areas of uncertainty Step 2: Convene Workshop • Review “Structure and Logic Diagrams” • Discuss additional sources of data • Seek buy-in on methods and output metrics Step 3: Develop Model • Create spreadsheet demonstration tool • Model scenarios • Analyze model sensitivity Step 4: Produce Results • Summarize findings • Develop documentation on results Energy People ___ % change in annual operating costs ___ fewer people at risk of air pollutant – related illnesses Economic/Financial Environmental Community Physical Impacts __ gallons of fuel saved annually ___ of additional people employed (full-time equivalent) ___ fewer cars on road, in a car equivalent reduction in GHG ___ % change in stormwater pollutant concentrations ___ % change in personal vehicle operating costs __ numbers of properties with potential value growth __ fewer traffic accidents Vehicles/ Equipment Land/ Facilities ___ % change in annual maintenance costs ___ acres of infill land development ___ induced riders who divert from autos SROI Example Benefit Accounting Framework SROI – Potential Impacts Categories Lifecycle Costs Capital Environment Environmental Impact Energy Efficiency Social Accident Reduction Economic Tipping Fee Revenue Pavement Cost Reduction Property Value Impact Operations & Maintenance Sustainable Value Congestion Reduction Infrastructure Residual Value -1- RESOLUTION 2019-047 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, cooperation under the IGA will provide significant opportunities, through the collective efforts and market strength of the parties, for the parties to: -2- • Develop a comprehensive systems-based approach to waste management in the North Front Range; • Invest in new technology for waste diversion as innovations emerge; • Engage residents and the commercial sector to optimize the value of recyclable materials collected in the region; and • Create economic benefits as a result of job creation, local business development and partnership with private waste haulers and operators of new facilities; to protect the environment, the economy and the health, safety, and welfare of the residents of the region; 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 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 -3- 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: 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 16th day of April, 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. Page 3 of 20 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. Page 5 of 20 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 Page 6 of 20 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 Page 7 of 20 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. Page 8 of 20 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 Page 9 of 20 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; Page 10 of 20 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 Page 11 of 20 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, Page 12 of 20 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 Page 13 of 20 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 Page 18 of 20 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. Page 19 of 20 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. Page 20 of 20 Appendix D Preliminary Site Plan (Subject to Change) -1- ORDINANCE NO. 063, 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, -2- 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. -3- 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. -4- (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, -5- 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 16th day of April, A.D. 2019, and to be presented for final passage on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 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 • To be scheduled based on Council direction for new policy development. Community Engagement • Continue to maintain webpage information. • Utilize newsletters and social media to direct readers to opportunities for information. • Hold public meetings/community issues forums as needed for specific topics, based on Council direction. O E.g., identifying appropriate local 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. and December. Feedback included: • Initially overall support, now mixed support for new infrastructure to increase disposal convenience and waste diversion • Lack of support for rules regulating waste handling. In particular, objection to flow control policy recommendations for mixed construction waste and curbside recyclables from the perspective that such policy may inhibit free enterprise. Also a strong apprehension that this regulation could be applied to trash in the future. 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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