Composting - Three Cart Pay-as-you-throw Program

Hi Toni,

Apologies for missing that. As we were researching a variety of options there were different legal implications for each, so the response was dependent on the solution. Staff proposed, and Council unanimously approved, a hybrid option of the two main options from a year ago. The hybrid option is not a silver bullet, but the best possible solution for expanding compost and PAYT service community-wide and advancing towards our waste diversion goals.

The first component is that effective November 2, 2021, and residential waste hauler that operates within Lafayette will need to obtain a license from the City. The license requires that the hauler operate a three-cart, pay-as-you-throw (PAYT) waste program with tiered pricing and three cart sizes, essentially mirroring the City program. The intent of this component was to ensure that compost and PAYT is expanded to the entire community within one year.

The second component is that effective November 2, 2023 the City will apply a waste collection fee to all single family residences in the community. Under Colorado state law, we cannot require that a resident use the municipal service, but can apply a fee to residents. The date this component goes into effect was set three years out to allow HOA contracts with haulers to expire and for those HOAs to transition to the City contract. The intent of this portion of the ordinance was to ensure the eventual transition to a single city-wide contract, which staff and Council believe in the long run is the most effective and efficient option. If HOAs sign a contract that goes beyond November 2, 2023, the residents of that HOA could pay two fees, one to the HOA and one to the City. 

We do know of one HOA that signed a five-year contract recently. However, city staff have been cautioning HOAs since early in the PAYT expansion process (starting December 2018) that one solution Council may select is a single municipal contract. The haulers may allow that HOA to exit the contract, but the City cannot intervene since it is a contract between two private parties. 

We are currently preparing additional outreach to the HOA boards and management firms to help them move to the City contract whenever their current hauler contract expires. However, this takes some time and effort since HOAs do not always let the City know when their boards or management firms change contact info. Once we believe we have most of the HOAs' contact info, we will send out additional outreach materials.

I hope this answers your question, but if you have any additional ones, just let me know.

Thanks,
Tony

Sorry for the delay in replying but I was out of the office for a family emergency. Due to the coroavirus we had to cancel the spring clean-up. We do not have a proposed new date for this year, and are uncertain if we will later. this year. In the interim, you can place compost materials in your compost cart (or upsize to a larger cart), or drop of the material at a regional facility. Please see this link: https://www.bouldercounty.org/environment/composting/yard-waste-and-food-scrap-drop-off/  We apologize for the inconvenience. Republic Services and the City need to take appropriate precautions to ensure the safety of service providers, and we appreciate your understanding during the crisis.

Hello,

Apologies for the delay in replying, but we've had to engage in some internal discussions first. At the November 19 City Council meeting, Council gave me direction to continue researching a few items related to the expansion (possibility of even smaller carts than 32 gallons, alternative arrangements for HOAs that have group collection, compost education, and cost comparisons), with an emphasis on option 1. 

Since the precise mechanism we will use to address each of these items is still being determined, the City Attorney recommended against taking a legal position yet. I should have all the research completed by around February, and will report back to Council then. At that time, we will also include a formal response from the City Attorney. Please note that City staff will work with the HOAs to ensure that the transition to PAYT is smooth.

Thank you,

Tony 

Yes, after the compost is collected it goes to A-1 Organics, an industrial compost facility. Each spring our contracted waste hauler brings a couple of truck loads of compost back to the Public Works Service Center. We typically have two Saturdays where residents under the City contract can come and get free finished compost. It's quite popular, though, so that some days we run out of compost before the event officially closes.

Tony

Since this one is a legal question, I want to make sure I get the wording right with the City Attorney. I will be out of the office tomorrow, but I will try to get you an answer next week, after Veteran's Day. Apologies for the delay, but I want to ensure it's the most accurate answer possible.

Thanks,

Tony

Thank you for your comment. We will pass it on to Council along with the other comments.

Tony

Yes, all of the above is correct, except that the curbside clean-up is twice a year and the fall clean up, once. Customers may swap out cart sizes for free twice per year, after that it's $17.50 per change. I've also included a link to Republic Services' Lafayette program website. There you can find a full description of the services, dates they are provided, and any stipulations.

Republic Services extra events and services

Thanks,

Tony

This sounds a little off to staff. Under the existing City program, if a homeowner has 96-gallon carts for each trash, recycling and compost (and the vast majority of customers have smaller carts for trash and compost), the total bill will be $41.20. Unless your current service is only $1.20 per month, and includes compost, it seems there's an error in their math. Please see this link as well, since we always openly publish our rates on the website: Residential Waste Collection Rates

Also, since the program incentivizes recycling and composting, and switching to a smaller trash cart, many customers end up with a lower bill.

Thanks,

Tony

Thank you for your comment. The intent of the program is to create an incentivized price structure to encourage greater diversion of recyclables and compost. Without this pricing structure, there's little motivation for a resident who doesn't have backyard compost to compost through their trash service. Our diversion rates must increase considerably to meet the community's zero waste goals.

Additionally, in the existing program, even many homeowners who do have backyard compost continue to use the service as well to handle excess quantities, and receive free compost each year through the program. We will include your comment in our compilation of feedback for Council.

Tony