2023-010 Comprehensive Diversion Ordinance January 27,2022 Report No. 2023-010
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
City of Denton Code of Ordinance Chapter 24/Comprehensive Diversion Ordinance Update
Timeline and Public Outreach Plan
EXECUTIVE SUMMARY:
At its November 15, 2022 meeting, the Denton City Council received a report on the development
and implementation of a Comprehensive Diversion Ordinance (ID22-1677). The purpose of this
Informal Staff Report (ISR) is to outline the elements considered for inclusion in the proposed
ordinance and the ordinance's public comment and implementation plan.
BACKGROUND:
On July 19, 2022, the Denton City Council adopted the City of Denton's Comprehensive Solid
Waste Management Strategy ("CSWMS") to guide the City's future solid waste/materials
management system and to develop infrastructure,programs,and policies necessary to manage the
diversion of materials for ultimate disposal. As part of this strategy, the creation of programs,
policies and resources designed to drive diversion is envisioned to be essential for program
success.
To better focus on opportunities available to support and realize waste diversion,the development
and implementation of a Comprehensive Diversionary Ordinance (CDO) is necessary. As
envisioned, the CDO will require all commercial customers of the City of Denton Solid Waste
Services to implement a mandatory program to either recycle divertible materials through the
City's curbside program or manage their divertible non-programmatic materials through an
independent third party with mandatory reporting of net diverted material volumes to the City.
DISCUSSION:
Absent a reduction in waste generation, key to minimizing the volume of waste destined for
ultimate disposal is the concept of waste diversion. Currently, while recycling is available to all
residential customers, the ability/requirement to recycle in the commercial/multi-
family/government/institutional sectors is left to the open market. Currently, approximately 17%
of the commercial sector chooses to recycle with the City of Denton. Denton's remaining
commercial customers either recycle/divert material through 3rd party providers or have no
diversion program in place. Successfully implemented, a CDO will drive material from ultimate
disposal, increase reuse of a finite commodity, and, potentially, reduce disposal costs for all
participants.
Attached to this ISR are the bullet pointed desired outcomes of the proposed Comprehensive
Diversion Ordinance and necessary updates to City of Denton Code of Ordinances Chapter 24 to
January 27,2022 Report No. 2023-010
support the implementation and enforcement of the CDO. Over the next few months, Solid Waste
and Recycling (SWR) will be working with the community to complete outreach and receive
feedback on the proposed ordinance. Plan for public outreach and comment is as follows:
CDO Public Outreach Plan
Date Public Outreach
January 27 Informal Staff Report on Chapter 24/CDO Revision
January 30 Chapter 24/CDO Revision Bullet Points Posted Online
January 30 Comment Email Box Open
January 30 Information Letters Sent to Affected Commercial Customers
February 9 Chapter 24/CDO Revision Townhall - Denton Civic Center
February 20 Draft Chapter 24/CDO Posted online
February 24 Friday Report Update
March 27 Public Utility Board Work Session Presentation
April 4 City Council Work Session Presentation
April - TBD Public Hearing and CDO approval
June 2023 Education and outreach begins
December 1 Effective Date
Once implemented, the Comprehensive Diversionary Ordinance will ensure convenient, onsite
recycling options for all Denton residents and businesses.
ATTACHMENTS:
1. Proposed Chapter 24/CDO Update Bullet Point Document
STAFF CONTACT:
Brian Boerner
Solid Waste Director
brian.boemer@cityofdenton.com
(940) 349-8001
Chapter 24—Desired Outcomes
This re-write of the Chapter 24 code of ordinance was undertaken to address areas that we felt
could be more clearly defined or better articulated for information and enforcement purposes.
Listed here are the goals of the re-write and the provisions anticipated to address the issue.
• Update Existing City of Denton Code of Ordinances Chapter 24.
o Current version is approximately 20 years old
o More closely align with state law.
o Support the implementation of a Comprehensive Diversion Ordinance
• Create a new, unique article to support the implementation of a Comprehensive Diversion
Ordinance
o Require recycling in the commercial sector
o Promote diversion of reuse materials
o Create a mechanism to capture diversion data
o Reduce volume of waste being disposed
o Permitting and reporting of outside/3rd parry haulers in town to support commercial
diversion at Commercial locations
■ SWR would remain the sole provider for Trash/Garbage collection in the
City of Denton
• Better define and outline tools to promote the enforcement of Denton's sole provider of
Solid Waste services
• Align the provision of solid waste services with those of other utility services provided to
residential and commercial properties.
• To provide more customized, compliant services to commercial customers, SWR may
determine the size and frequency of service required for a commercial account
• Compliance with Denton Development Code for container enclosures
• Rented Container Management
o Customer and City Liability
• Rate and utility charge management
• Management of Contaminated Material
Non-Negotiables
• City will maintain the exclusive right to:
o Service residential trash
o Service residential recycling of programmatic material
o Service commercial trash
• Article IV—
• All residents and commercial properties must maintain solid waste services.