HomeMy WebLinkAboutMemo - Read Before Packet - 2/12/2013 (12)Fort Collins
MEMORANDUM
TO: Nfavor and Cite Councilmembers
FROM: Carrie Dagctt. Deputy Cit; Attor..e( �
DATE: February 12, 201J
RE: A_enda [rem =_ - Cardboard Recyclitr_
City Attorneys Office
3C0 Laporte Avenue
PO Box 580
Fort Collins. CO 80522
970.221.6520
970,221,6327
fcrov coin,
Per direction at Leadership yesterday, a new --IXhcrcas" clause has been added to this Ordinance
to reflect that "persons" include individuals, corporations, associations. partnerships, and other
groups or combinations. A copy of the revised Ordinance is attached.
CD/pc
attachment
cc: Darin Atteberry, City Manager
ORDNANCE NO. 023, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY" OF FORT COLLINS
TO PROHIBIT THE DISPOSAL OF CARDBOARD N THE
COMMUNITY'S WASTE STREAM AND TO AMEND REQUIREMENTS
FOR RECYCLING APPLICABLE SOLID WASTE COLLECTION
WHEREAS, in 1964, the City first enacted licensure requirements for solid waste collection
services with the adoption of Ordinance No. 42, 1964, which licensure provisions have since been
modified, and repealed and reenacted, and are now set out in Chapter 15, Article XV of the City
Code; and
WHEREAS, in 1985, the City first began to investigate programs to educate the public about
recycling and solid waste reduction; and
WHEREAS, in December 1999, the City Council adopted Resolution 1999-139, which set
goals for diverting 35% of the community's waste stream from landfill diversion by 2004, and 50%
of the waste stream by 2010; and
WHEREAS, in 2005, the City Council directed staff to develop comprehensive plans for
reaching waste diversion goals, during which the City calculated that 12,000 tons/year of cardboard
were entering local landfills from Fort Collins as part of the waste stream; and
WHEREAS, the disposal of 12,000 tons/year of cardboard material from Fort Collins' waste
stream contributes an estimated 42,000 tons of carbon dioxide equivalents, a damaging greenhouse
gas, to the earth's atmosphere; and
WHEREAS, the City's 2008 Climate Action Plan sets a goal of reducing Fort Collins'
greenhouse gas emissions by 20% below 2005 levels by 2020, and 80% below 2005 levels by 2050;
and
WHEREAS, the monetary value of 12,000 tons/year of cardboard that is sent to landfills for
disposal from the Fort Collins community is currently $600,000 in commodity markets; and
WHEREAS, the number of jobs in the recycling industry that it takes to process cardboard
is calculated to be ten times as great as the number of jobs that it takes to bury cardboard in landfills,
so that recycling results in economic benefit and greater revenue for communities, including Fort
Collins; and
WHEREAS, in addition to lost commodity rebates and fewer jobs, the landfill disposal of
12,000 tons/year of cardboard costs $216,000 in current landfill gate fees; and
WHEREAS, the disposal of 12,000 tons/ year of cardboard in landfills that could otherwise
be recycled reduces the lifespan of local landfills, including the Larimer County landfill; and
WHEREAS, the o,snership of tl _, I i.-imer C'oun[v landfill is sl,.::,! i,, th` Cirir; and
1. - .:. L:lL:
N11EREAS, the proposed anienclments to Chapter 12 require all' -persons." including
individuals, corporations, associations, partnerships, and other groups or combinations, to
recccle cardboard rather than dispose of it as solid NNaste: and
WHEREAS, in additioa to :ae iirenst:rc: prol..sions t ;la.:.. Cl r 1; of
the City Code. A..^licle 11 of Chapter 12 of the Cir. Code aLs, _ ,:era' . and
disposal of solid waste, currently referred to in those provisions as "garbage and
WHEREAS. in light of the fore•*ping, the City Council has considered the proposed
amendments to Chapter 12 and Chapter 1 ; described below, and has determined that the
amendments will promote the police objectives and public purposes described above.
`OVV, THEREFORE. BE IT ORDAINED BY THE CM-NCIL OF THE CITY OF FORT
COLLIN'S as follows:
Section 1. That the foregoing recitals are hereby incorporated herein as findings of the
City Council.
Section 2. That Section 12-16 of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Recyclable cardboard' which reads in its entirety as follows:
RI' ci elctblc rN 116011rd shall mean corru+tated Cardbo:ud, and shall include, but not be
limited to. materials used in packaaimi or stora_c containers that consist of three or
more layers of [waft paper material. at least one of %� hich is rippled or cornigated.
Cardboard shall be considered recrclablo cardhoard re_uardless of whether it has
lue, staples or tape affixed. but not if it is pernlancnth attached to other packing
material or a non -paper liner. %%axed Ca R1bo2rd. O; CLI. dbOdrd COot:lnlifLtCd ll'lih Oil.
paint. blood or other organic- material.
Section 2. That Section 12-22 ofthe Code of the Citv of Fort Collins is hereby amended
to read as follows:
Sec. 1222. Required Rec%elin
(a) Nopers, _' nr;,_,;!ectromccq-..
no, sbrll .:n% p.: — othenL'ise dispose Of
Pr" .. _ all the CLC,. A!l
-red to a licensed solid waa�,: i 7
accordance with the r: isions of Subsection 15-4l_(e). or dciyemd .:`.
qualited rec..� i:�_ ���_I _:. for electronic equipment.
(b) NO person shall place recyclable cardboard in refuse containers for
collection. nor shall any person bury or otherwise dispose ofreeyclable 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 to, recycling
in accordance with the provisions of Subsection 1 5-41: (e). or delivered directly to
a qualified recycling facility appropriate for recyclable cardboard.
(c) It ,hall 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.
Section 1. That Section 12-26 of the Code of the City of For, Collins is hereby amended
by to read as follows:
See. 12-26. Violations and penalties.
Any person who violates y 12-I S of this Article. o %%ho violates § 1 22(b), or § 1?-
I_'(c) as it relate, to � l?-?_Ih). commits a civil infraction and is subject to the
penalty provisions of Subsection 1-15(t). Anv person who violates any other
provision of this Article also commits a misdemeanor. All such misdemeanor
violations are subject to a fine or imprisonment in accordance with § I-15.
Section4. That Section 15-411of the Code of the City of Fort Collins is hereby amended
by the addition of a new definition "Recyclable cardboard' which reads in its entirety as follows:
Rccrclab!e cardboard shall mean corrugated cardboard, and shall include, but not be
limited to, materials used in packaging or stora_e containers that consist of three or
more layers of Kraft paper material, at least one of which is rippled or comrgated.
Cardboard shall be considered reel clabic cardboard regardless of whether it has
.-lue, staples or tape affixed. but not if it is permanently attached to other packing
material or a non -paper liner. waxed cardboard, or cardboard contaminated with oil,
paint, blood or other organic material.
Section b. That Section 1 b-412 of the Code of the City of Fort Collins is hereby amended
to add a new subsection (e), to read as follows:
(e) 1:{ills'a!UJn'i"I['ICIhIrN7ClLc'7�i'.i. Inthe c%cmthat ::f,:iU3eSWCo llcCt
allA b'L' ,tr Q,Il t.11ll Cr' beeall'.ie Ir ChaL11n, Ill lterl;ll� r��l r:!I"QI tip I1C"rCy,.'I ccl LI I1 pie I"
-J-
Section 12-22. the Collector shall not be required under this Section to Credit the
customer for such refused ba', or container. A collector shall not collect nlatetlals
required to he recvcicd under Section 12-22, except that, with respect to rcccclablc
cardboard. a collector mac, but shall not be obtiu ated to, accept an ba_ or container
that has rcasonabl}been determined, b: ed upo❑ visual inspection. to contain no
more tila❑ percent recyclable ctsdboard b% Volume.
Scction5. That Sectionl;-41_oftheCodeoftheCit�'oPFortCollinsisl;erbsaimended
b;: the deletion of subparagraph (e) as follo:tis:
Sec. 15-41:. Rccvclin._ rzq ;i emea[.
Section7. That Section 15-414ofthe Code oftheCity oFort Collins ishereby amended
to read as follows:
Sec. 1 5-414. Designation of recyclable materials.
(a) The City Manager shall, on or before the 30th day of November of each year,
after consultation with the Latimer County Board of Commissioners, the Natural
Resources Advisory Board and representatives of the licensed solid waste collectors
operating within the City. determine which items shall be designated for recyclin,
collection based upon the following criteria:
(1) Local, state and federal laws and regulations, including, but not limited to, the
requirements of this Article;
(2) Potential for waste stream reduction:
(1) Availability of markets:
(4) Market price;
-4-
( 5 ) Safety factors and risks of transportation: and
(6) Risks of commingling of liquid %sastes.
(b) Aomithstanding the foregoing, collection for recycling of electronic
equipment shall be at each collector's option: pro%ided. hon e%er, that no collector
pro%iding collection services for electronic equipment ma} dispose of any such
electronic equipment. but instead shall deli% or any collected electronic equipment for
recycling_ at a qualified recycling facilihfor electronic equipment.
(^;c) All collectors shall be re:snt)nsible fir notifVln'_ rhelr customers of Ct.: _il:s
identified to be rec,,cl"i.
(cd) The City Manager is authorized to pr •muleate such as
are neeessary to eff ctuate the implementation and enforcem<.::
Introduced, considered favorably on firstreadin.„ and ur? r.i;r. :I i_th day of
February, A.D. 2013, and to be presented for final passage on the D. ?O l '.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of February, A.D. 2013.
ATTEST:
City Clerk
Mayor
-5-