Agenda Date: 11/03/2026
Subject:
Title
Ordinance 19-2026: An ordinance on second reading amending Title 3, Chapter 25, of the Littleton City Code business regulations regarding solid waste and recycling hauler licenses
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Brent Soderlin, Director of Public Works & Utilities |
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Laura Rosenbaum, Sustainability Coordinator |
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Presentations: |
N/A |
PURPOSE:
Council has consistently prioritized public safety, sustainability, and overall public health matters in the City of Littleton (“City”). This Ordinance is intended to: i) Ensure safe, reliable, and consistent collection of solid waste; ii) Increase access to recycling and other diversion services; iii) Provide the City with accurate information regarding waste generation and diversion; iv) Reduce environmental impacts associated with waste collection; v) Support long term waste reduction and sustainability goals adopted by the City; vi) Establish equitable access to waste diversion services across all customer types; and vii) Support data-driven decision-making and future policy development.
LONG-TERM OUTCOME(S) SERVED:
Sustainable Community with Natural Beauty; Safe Community
DISCUSSION:
The City of Littleton (“City”) is a home-rule municipality in Colorado that possesses full authority to regulate matters of local and municipal concern, including the collection, transportation, and disposal of solid waste, recyclable, and organic materials within the City. The collection and hauling of solid waste, recyclable, and organic materials within the City is a matter directly impacting the public health, safety, and welfare of Littleton residents and businesses. A Waste Hauler Licensing Ordinance Program will allow the City to help to reduce landfill waste, increase access to recycling services, and ensure a higher level of collection customer service.
BACKGROUND:
The South Metro Waste Diversion Plan is a culmination of regional and city-specific strategies based on months of research, including a baseline assessment of waste and recycling, a waste composition study, and an action plan of strategic initiatives to improve individual cities’ and the region’s waste diversion rates. The South Metro Waste Division Plan was adopted by resolution in October 2025.
Following the adoption of the South Metro Waste Diversion Plan, Littleton, in conjunction with the City of Centennial, went back through the state technical assistance program called “STEPS” or “Strategic Technical Expertise for the Public Sector.” Through the Colorado Department of Public Health and Environment (CDPHE)’s Colorado Circular Communities Enterprise (C3), the cities worked with an external consultant on hauler outreach and engagement as the program is co-implemented and developed.
The ordinance reflects feedback from City Council. Staff highlights the following provisions.
When staff first brought this ordinance forward, the goal was to guarantee free curbside recycling for all residential customers, using funding from Colorado's Extended Producer Responsibility program (HB 22-1355). Under that program, companies that sell packaging and paper products in Colorado pay into a statewide organization, Circular Action Alliance (CAA), which reimburses haulers for providing recycling service.
During legal review and staff's discussion with other municipalities, the City Attorney's Office advised that the City can require licensed haulers to offer recycling but cannot require them to provide it at no charge without a guaranteed funding source. The funding under the Producer Responsibility Program is not guaranteed for every hauler. Participation in the state program is voluntary, reimbursement is available only to haulers that have signed a service agreement with CAA, and CAA is not obligated to contract with every hauler that applies.
The revised ordinance addresses this with three requirements:
1. A hauler that has a service agreement with CAA may not charge customers covered by that agreement for recycling, including residential customers billed through a homeowners’ association (HOA) or other group account.
2. No hauler may both charge customers for recycling and collect reimbursement from CAA for the same service.
3. A hauler without a CAA agreement must still offer recycling and may charge a reasonable fee, but that fee is capped, must be disclosed to customers in writing, and must end once the hauler signs an agreement with the CAA. The ordinance also requires every licensed hauler that provides recycling to residential or multifamily customers to apply to CAA and to maintain its participation if accepted. A hauler that applies in good faith and is declined, or whose application is still pending, remains in compliance.
Because the state program is designed to cover haulers' recycling costs, staff expects most haulers to participate. The practical result should be free recycling for the large majority of Littleton residents, with the paid option serving only as a temporary fallback.
The ordinance also anticipates expansion of the state program. As of 2026, the program does not extend to commercial entities. If CAA extends reimbursement to additional customer classes, the ordinance’s participation and no-charge requirements will apply to those classes.
Changes from First to Second Reading
Following first reading, staff and the City Attorney’s office reviewed the ordinance against feedback from Eco-Cycle and staff representatives from Denver, Golden, Lakewood, and Fort Collins. The second-reading version, attached to the packet, includes the following revisions:
1. Flat Monthly Fee (Section 3-25-14(d)): A hauler with a CAA service agreement may not recover reimbursable recycling costs through its flat monthly fee. The flat fee is also capped at 75% of the monthly rate for the hauler’s smallest trash container, so that it does not offset the pay-as-you-throw-price.
2. HOA Exemptions (Section 3-25-14(e)): Exemptions from the volume-based pricing are limited to HOAs whose group accounts were in effect on December 31, 2026, consistent with practices seen at other municipalities (Golden, Arvada). HOAs that form after that date must provide volume-based pricing to each household.
3. CAA Negotiations (Section 3-25-12(b)): A Hauler that declines the terms that CAA offers must notify the City of its reasons and must reapply or resume negotiations at least once a year. Until it holds an agreement, the Hauler remains subject to the ordinance’s fee cap and disclosure requirements.
4. Reporting (Section 3-25-18). An open-ended reporting item is replaced with authority for the Director to request additional data by administrative rule, with at least 90 days’ notice to Haulers.
5. License Appeals (Section 3-25-5). An application that is denied a license or renewal may appeal to the City Manager. The City Manager’s decision is final and subject to judicial review.
6. Other Technical Additions/Revisions. The second-reading version includes technical corrections that do not impact policy. These revisions correct statutory citations, cross-references, conform titles, clarify that the no-charge requirement applies to any customer class reimbursed under the state program, and confirms that decisions on HOA exemption appeals are final for purposes of judicial review.
Prior Actions or Discussions
April 23, 2024, council study session, Environmental Stewardship Board (ESB) presented their finalized Environmental Stewardship Action Plan.
June 4, 2024, council study session, council supported and endorsed the Horizon 2027 Strategic Plan, which includes implementing ESB’s Environmental Stewardship Action Plan. A key milestone identified in the plan was for the city to complete a baseline greenhouse gas inventory, which is now completed. Section 3.0 of the Environmental Stewardship Action Plan focuses on “Consumption and Waste Diversion.” The Environmental Stewardship Action Plan is attached for reference.
July 22, 2025, council study session, council heard a presentation on the South Metro Waste Diversion preliminary draft final plan.
October 21, 2025, council meeting, council adopted the South Metro Waste Diversion Plan by resolution, and in doing so, allowed staff to explore an equal space ordinance, hauler licensing, and outreach and education efforts moving into 2026. The South Metro Waste Diversion Plan is attached for reference.
April 14, 2026, council meeting, council heard a comprehensive sustainability update, including progress on a hauler licensing ordinance.
August 18, 2026, council meeting, council heard a presentation on the details of the waste hauler licensing ordinance and provided input for this draft ordinance.
This ordinance passed on first reading on October 20, 2026.
FISCAL IMPACTS:
Program cost recovery for the City from hauler licensing fees. The exact amount will depend on the number of waste haulers participating in the program and the fee set by council, which will live outside of this ordinance in the fee schedule.
STAFF RECOMMENDATION:
Staff recommends approval on second reading, as amended.
ALTERNATIVES:
1. Council may adopt the ordinance as introduced on first reading, without the second-reading amendments.
2. Council may further amend the ordinance on second-reading.
3. Council may decline to adopt the ordinance. This alternative is not recommended: haulers would continue to operate in Littleton without City licensing, reporting, or service standards.
PROPOSED MOTION:
Proposed Motion
I move to approve Ordinance 19-2026 on second reading, as amended, amending Title 3, Chapter 25, of the Littleton City Code business regulations regarding solid waste and recycling hauler licenses.