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2022-006 Waste Hauler Agreement Status Update and Landfill StrategyDate: January 21, 2022 Report No. 2022-006 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Waste Hauler Agreement Status Update and Landfill Strategy BACKGROUND: The City of Denton Landfill, located at 1527 S. Mayhill, opened and began accepting waste from Denton residents and regional customers in 1984. In October 2019, the City of Denton entered into Wholesale Waste Hauler Agreements with six (6) entities to ensure adequate disposal capacity at the City of Denton Landfill in exchange for a guaranteed revenue stream. These type of agreements are used by landfill operators to ensure a guaranteed revenue stream that helps subsidize operational fixed costs and minimize the risk of potential revenue shortfall. The landfill seeks to receive guaranteed, predictable tonnages of solid waste for both revenue and management purposes. To date, the contracts have realized revenue of approximately $10,000,000 to the Solid Waste Enterprise Fund. The existing Waste Hauler Agreements expire in October 2022. Each of the companies, as well as a few additional regional waste collection companies, expressed an interest in extending the agreements. As the City looks toward the completion and implementation of its Comprehensive Solid Waste Management Strategy, it anticipates that it could potentially use the waste hauler agreements as a mechanism to drive waste diversion across the north Texas region. DISCUSSION: North Texas is one of the fastest-growing regions in North America. In the last decade, the population of Denton has increased by over 30%, which is consistent with population growth in the North Texas area. As the population of the region grows, so will the need to ensure adequate and appropriate disposal activity coupled with a robust diversion program generated waste. Prior to October 2019, the City of Denton provided a preferred disposal rate to four private companies and one municipality providing 110,000 tons of waste and generating $2.7 million in revenue annually, accounting for approximately 1/3 of the volume received at the City of Denton Landfill for disposal. In FY2020/2021, the City of Denton received 198,800 tons of waste from our contract haulers, generating $4.4M in revenue, accounting for approximately 45% of all the material brought to the landfill for disposal. The increased revenue realized by contracts allowed the City to offset long-term debt allowing a rate reduction for residential customers. The total volume of material brought to the City of Denton Landfill by city forces, waste haulers, and direct haul customers, including members of the public, increased by approximately 56% due to regional growth and the reduction of disposal capacity in north Texas over the past two (2) years. The City of Denton is committed to the diversion of waste from ultimate disposal. Currently, the City diverts approximately 28% of material collected from residential and commercial customers in the City, consisting of single stream material (paper, plastic, metal containers, and cardboard) and yard waste. As the City looks to increase its diversion potential with the creation and Date: January 21, 2022 Report No. 2022-006 implementation of the Comprehensive Solid Waste Management Strategy (CSWMS), staff will examine opportunities to increase diversion across the scales through incentives, partnerships, and contracts. Anecdotally, staff are aware that most, if not all, of the communities serviced by the Contracted Waste Haulers also support a residential curbside recycling program. Staff does not have current information, however, related to how much waste is diverted from these communities. As the City evaluates opportunities to increase community diversion, it is believed that renewed contracts, coupled with financial incentives to drive increased regional waste diversion as well as provide a guaranteed revenue stream for the Solid Waste and Recycling Department (SWR). Should Council direct, a part of this potential revenue could be earmarked to implement and support programs envisioned within the CSWMS. Future contract provisions could include:  a limited volume of waste to be sold at the incentivized rate o diverted material volumes could be “added” to a contractor’s volume commitment as an offset  a higher minimum rate for inclusion in the program  incentive rates for diverted material o program recyclables  residential and commercial  yard waste o increased cost for commercial and demolition waste disposal Similarly, SWR would like to include performance provisions in the waste hauler agreements that would allow staff to assess administrative penalties, up to and including potentially cancel contracts, for servicing commercial and roll-off accounts. This activity is currently prohibited by the City of Denton Code of Ordinances, but is difficult to enforce. SWR will continue to provide updates as we work to continue discussing contracts with future haulers. Lastly, the overall financial impacts of the agreements will be discussed during the FY 2022-23 budget process. STAFF CONTACT: Brian Boerner, Solid Waste REQUESTOR: Staff Initiated