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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.