HomeMy WebLinkAbout063 - 05/07/2019 - AMENDING THE CITY CODE TO DIRECT MIXED CONSTRUCTION AND DEMOLITION MATERIALS TO THE FUTURE LARIMER CORDINANCE 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 Latimer 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 Latimer 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,recycling,
1-
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 Winer 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.
2-
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 asset 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.
3
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 fora 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 (18) 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 so.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;masonry, wood,
metals and cardboard shall be recycled. All mixed construction and demolition materials (as defined
4-
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 Iola A.D. 2019.
ATTEST:
t FORT COl!II
h, l
SEAL "
City CVrk
Passed and adopted on final reading on the 7th day of May, A.D. 2019.
ATTEST:
loc.FOR...........
0,
SEACityCl L
CO<ORAO°
5-