HomeMy WebLinkAbout20251252.tiffResolution
Approve Third -Party Supplemental Environmental Project (SEP) Agreement for
Electronics Recycling Project Proposed by Owens -Brockway Glass Container, Inc.,
and Authorize Chair to Sign
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Third -Party Supplemental Environmental
Project (SEP) Agreement for an Electronics Recycling Project Proposed by
Owens -Brockway Glass Container, Inc., between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Health and Environment, and the Colorado Department of Public
Health and Environment, Division of Air Pollution Control, commencing upon full
execution of agreement, and ending October 31, 2026, with further terms and conditions
being as stated in said agreement, and
Whereas, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Third -Party Supplemental Environmental Project (SEP) Agreement for
an Electronics Recycling Project Proposed by Owens -Brockway Glass Container, Inc.,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and
Environment, and the Colorado Department of Public Health and Environment, Division
of Air Pollution Control, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
oa,1•-1t..(sc113F/sK)
05 /p -a /25
2025-1252
H L0058
Third -Party Supplemental Environmental Project (SEP) Agreement for Electronics
Recycling Project Proposed by Owens -Brockway Glass Container, Inc.
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 12th day of May, A.D., 2025:
Perry L. Buck, Chair. Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Excused
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1252
H L0058
TM
Third -Party Supplemental
Environmental Project (SEP)
Proposal / Agreement
Third -Party Liable (Revised 12/19/2023)
Document is completed by the third -party SEP administrator.
The third -party SEP administrator, identified below, submits the following SEP agreement
proposal to the Colorado Department of Public Health and Environment (the department) for
consideration. If the application is approved, it shall be signed by appropriate representatives
of the department. If the approved document is then signed by the applicant, it shall serve
as the SEP agreement for the project(s) at issue.
Enforcement action information
Regulated entity name: OWENS-BROCKWAY GLASS CONTAINER INC.
Enforcement case no.: 2023-094 and 2024-050
Regulated entity
John Dinges, Environmental Manager
O-1
11133 Eastman Park Drive
Windsor, CO 80550
(970) 581 5972
john.dinges@o-i.com
Third -party SEP administrator
Primary Contact:
Gabri Vergara, Environmental Health Programs Manager
Weld County Department of Public Health and Environment
1555 N. 17th Ave.
Greeley, CO 80631
970-400-2226
gvergara@weld.gov
Additional Contact:
1
Dan Parkos, Household Hazardous Waste Program Coordinator
1555 N. 17th Ave.
Greeley, CO 80631
970-400-2217
dparkos@weld.gov
Type of organization
Government - Local Public Health Agency
Department SEP Coordinator
Alexander Scherer
(720) 515-0236
atex.scherer@state.co.us
Geographic area served
Weld County
SEP category
Pollution Prevention and Environmental Education
Project title
Weld County Electronics Recycling Project
Project summary and description
Problem statement:
The continued growth in consumer electronics industry and shortened product lifecycle for
these devices has led to a rapid escalation in the amount of electronic waste (e -waste)
generated. These old and unwanted electronic devices contain toxic substances including
lead, mercury, cadmium, and chromium that can contaminate our soil and groundwater and
pose a serious health risk to people, wildlife, and the environment if not disposed of properly.
At the same time, e -waste contains a multitude of resources (e.g., plastic, steel, aluminum,
copper, gold) that, when recycled, could provide a valuable resource that previously had to
be mined. According to the Public Interest Research Group (PIRG), Americans dump between
300-400 million electronic items yearly. Less than 17.4% of that e -waste is recycled and,
despite making up less than 2% of the U.S. waste stream, e -waste is responsible for 60% of the
heavy metals in landfills.
Each day, Weld County residents visit our Household Hazardous Waste (HHW) disposal sites
looking for a way to get rid of their e -waste. Our staff provides information on the various
options, but e -waste recycling can be very costly, and/or the e -waste items needing to be
recycled are not accepted.
Project Goal:
To reduce the harmful effects of improper e -waste disposal on our environment and residents.
2
Project Objectives Et Tasks/Activities
1 To reduce the amount of a -waste being improperly disposed of by Weld County
residents, we will provide 4 (four) a -waste recycling events (two in 2025 and two in
2026) at reduced or no cost to residents
a Weld County will solicit bids from electromc recycling vendors, with a focus on
vendors expenenced in hosting a -waste recycling events, demonstration of
environmental stewardship, and ability to provide certification of acceptable
final disposition
b E -waste recycling events will be held in locations close to major population
areas across Weld County, with one in the north, one in the south, and two in
central Weld County
2 Promote a -waste recycling
a Weld County will conduct an outreach/marketing campaign to promote the
e -waste recycling events and a -waste recycling in general
b Create an a -waste informational web page on Weld County's website to include
general information and recycling resources
We intend to provide for health -equity by holding the proposed a -waste recycling drives
across Weld County to ensure access by all residents We will also ensure that marketing and
advertising target all Weld County communities and are provided in English and Spanish
We also intend to ensure environmental justice by contracting with a certified electronics
recycler who has demonstrated environmental stewardship and follows the highest industry
standards
3
Project workplan
Activities
/
Deliverables
Staff
responsible
Due date
Proposed
implementation
start
date
Pro g
Coordinator/WCDHPE
ram
Manager
g
and
Within
effective
SEP
30 days
date
Agreement
of
of
the
the
Select
E -Waste
Recycling
y
g Vendor
Program
Coordinator/WCDPHE
Manager
and
6/15/2025
Develop
Event
Marketing
g Materials
Specialist/WCDPHE
Program
Coordinator,
Communication
Manager,
and
7/7/2025
Develop
E -waste
Webpages
Program Manager/WCDPHE
7/7/2025
Develop
Event
Registration
Coordinator/WCDPHE,
with
Program
County
Manager,
Department
7/14/2025
IT
Promote
1St
Event
Specialist/WCDPHE
Communication
7/14/2025
,
Hold
1St
Event
Selected
Contractor
8/14/2025
Promote
2nd
Event
Specialist/WCDPHE
Communication
8/30/2025
Host
2nd
Event
Selected
Contractor
9/30/2025
Biannual status
report
due
Program Manager/WCDPHE
10/31/2025
Promote
3rd
Event
Specialist/WCDPHE
Communication
,
5/15/2026
Hold
3rd
Event
,
Selected
Contractor
6/15/2026
Promote 4th
Event
Specialist/WCDPHE
Communication
7/1/2026
Hold
4th
Event
Selected
Contractor
8/1/2026
Project
completion
date
10/1/2026
,
SEP
completion
report
due
Program
Manager/WCDPHE
10/31/2026
4
Expected environmental and/or public health measures/results
Environmental/Public Health Benefits
Description of
Environmental and/or
Public Health Benefits
Decrease hazardous waste
sent to landfills.
Improve water, soil, and
outdoor air quality.
Estimated Value of Benefit*
Based on similar events, it is
estimated that 100,000 tbs.
of e -waste will be diverted
from landfills and/or
incineration.
Because electronics include
numerous hazardous
materials, including arsenic,
lead, cadmium, other
metals, plastics, and more,
that, when disposed of in a
landfill or incinerated, can
negatively affect our
ecosystem and the quality of
our air, soil, and water,
removal of these pollutants
can only have a positive
impact on the environment
around us.
How Will the Benefit be
Quantified or Measured
The amount of e -waste
diverted will be tracked by
the selected contractor.
Although we have no means to
directly measure the benefits
of these e -waste recycling
events on our ecosystem and
the quality of our air, soil, and
water, we can assume, based
on scientific foundation, that
by preventing these materials
from being placed in the
landfill or incinerated, we are
reducing pollutants that
traditionally contribute to
poor air, soil, and water
quality.
5
Pro ect budget
Budget
Table
Category
Description
SEP
Funds
applicable)
Matching
funds
(if
Total
cost
Financial
Provided
End
of
Records
at the
SEP*
Personnel
wages
and
(including
# of
-
hrs.)
salaries,
rates
H
Coordinator
(80
and
events)
HW
hrs.
implementation
Program
for
coordination
of
$5,790
$5,790
Program
(80
supervision,
reporting)
hrs.
Manager
for oversight,
and
$7,272
$7,272
IT
(40
of
Specialist
registration
hrs. for
development
platform)
$2,896
$2,896
Communications
Specialist
(40
of
and
hrs.
marketing
event
for
development
promotion)
materials,
$1,990
$1,990
Contractors/
Subcontractors
Electronics
(to
electronics,
events,
supplies,
trash
control)
include
service,
materials,
equipment,
recycling
Recycler
staffing
and
of
traffic
of
$96,750
$96,750
Invoice
e -recycle
receipts
materials
equipment
for
service,
for
and
Other
Direct
Costs
Advertising/
Printing
$3,250
$3,250
Receipts/Invoices
Total
Dollar
Amount:
$100,000
$17,948
$117,948
Please note: Any categorical changes exceeding 10% of the total budget require prior
written approval from CDPHE through a SEP Modification.
Failure to provide the listed financial information may result in the Department terminating
the SEP, requiring the third party to forfeit funding, and/or deciding that the third party is
no longer eligible to receive SEP funds in the future. The Department may require that
financial information be provided with status reports and maintains discretion of what
financial records are required.
6
Budget discussion
The proposed budget, above, is based on the cost of previous e -waste recycling events held in
Weld County in 2023. Materials and supplies, major equipment, and electronics recycling will
be included in the scope of work/request for bid to be handled by the approved contractor.
Weld County will provide personnel to administer the grant, and general management of the
project, including marketing, some coordination (e.g., securing site locations), and event
registration/sign-up.
If the cost of contracting the e-recycler, running the event, and advertising is less than the
projected $100,000, Weld County requests that the leftover SEP funds be allocated to
compensate Weld County for the staff needed to coordinate the event, not to exceed $17,948
(the cost for Weld County staff is detailed in the budget table above).
Other relevant information
Enviro Screen Map for Weld County:
tre';:, I: (di
N/ , I i w?dtesg Or plate
e Use current location
r.rlThir.
Latory
Gattic.9
I"�stf
Itrirryir
13n ggrdatk
B®
Legend
Percentile Ranking
Highest Burden - 10{
Lowest Burden - 0
Colorado EnviroScreen percenti
EnviroScreen Percentile Score
80 100
>60 80
Eh '40 60
> 20 40
0 20
Area under trbal jursdiction
7
Reporting requirements
Biannual status reports
The SEP administrator will submit a biannual project status report to the department's SEP
coordinator. Status reports will include, at a minimum, the following information and be
submitted using the department's status report form:
• A description of activities completed to date;
• A budget summary table listing funds expended to date by budget category; and
• A discussion of any anticipated changes to the project scope or timeline.
SEP completion report
The SEP administrator will submit a SEP completion report to the department's SEP
coordinator within 30 days of project completion and contain at a minimum:
• A detailed description of the project as implemented;
• A summary table identifying project deliverables and tasks along with the associated
completion date;
• A description of any operating problems encountered and the solutions thereto;
• A full expense accounting including itemized costs, documented by copies of purchase
orders, contracts, receipts or canceled checks;
o SEP Administrators should redact any potentially sensitive account information
from any documentation, such as bank account numbers and personal
identifying information (PH).
• Certification and demonstration that the SEP has been fully implemented pursuant to
the provisions of the Settlement Agreement and this SEP Agreement;
• A description of the environmental and public health benefits resulting from
implementation of the SEP along with quantification of the outcomes and benefits;
Additional information will include:
• Examples of brochures, educational or outreach materials developed or produced as
part of the SEP; and
• Photographs documenting the project.
Third -party SEP administrator conditions and requirements
Only qualified tax-exempt 501(c)(3) nonprofits or governmental organizations are eligible to
serve as the SEP administrator. The SEP administrator agrees to the following SEP conditions
and requirements:
I. Maintain the SEP funds paid by the regulated entity in an independent SEP account and
draw funds from the account as -needed for the purposes outlined in this SEP
agreement.
II. Communicate issues and concerns related to the SEP promptly to the department SEP
coordinator.
III. If the SEP administrator elects to publicize the name of a violator in connection with
the SEP either orally or in writing, the SEP administrator must also include the
8
following statement. "This project was undertaken in connection with the settlement
of an enforcement action taken by the Colorado Department of Public Health and
Environment for violations of environmental laws and regulations"
IV Complete the SEP as descnbed in this SEP agreement
a. Any changes to the approved project scope or timeline must receive pnor
wntten approval from the department
b. Budget reallocations of up to 10% of the total SEP payment amount may be
made without pnor authorization Budget reallocations of over 10% must first
receive written prior authorization from the department.
V Complete the SEP within the time frame(s) indicated in this SEP agreement If the SEP
administrator is unable to meet the SEP agreement time frame(s) for the completion
of the SEP, the SEP administrator may request a deadline extension in venting from the
department no later than 30 days pnor to the deadline.
VI. In any of the following situations, all funds remaining in the SEP account shall be
released to the department within 30 days of the department's written request'
a The SEP administrator fails to complete the project or submit the SEP
completion report,
b The project has been fully implemented and there are still funds remaining in
,the SEP account; or
c The department terminates the SEP for failure of the third party SEP
administrator to adhere to this SEP agreement.
VII Make available, at the department's request, all records pertaining to the SEP.
a The SEP administrator shall maintain a complete file of all records, documents,
communications, and other matenals that pertain to the operation of the SEP or
the delivery of services under the SEP agreement Such files shall be sufficient to
properly reflect all direct and indirect costs of labor, matenals, equipment,
supplies and services
b. The SEP administrator authonzes the department to perform audits and/or
inspections of its SEP records, at any reasonable time dunng the implementation of
the project and for a penod of one (1) year following the completion of the
project.
Failure to adhere to any of the above conditions and requirements may result in the
termination of the SEP and/or no further SEP referrals
9
This section to be completed in the event of a SEP Agreement only
Certification statement
I, Perry Buck, Weld County Chair, certify on behalf of Weld County that Weld County is not
required or has not previously committed to performing this project and agrees to the SEP
conditions and requirements detailed in this document.
Board of County Commissioners
Weld ounty, Colorado
Perry L.
Attest:
By:
Clerk tp the Board
1
i
MAY 1 2L 2025
6. �veo;&c.
60,
Deputy Clerk to the Board
Digitally signed by Heather
Heather Wuoilet Wuo<<et
Date: 2025.04.28 13:34:28-Ob'00'
Signed and dated
Heather Wuollet, Enforcement Section Manager
Air Pollution Control Division
Colorado Department of Public Health and Environment
Department use only
This SEP has been reviewed and approved by the Colorado Department of Public Health and
Environment.
Alex Scherer Digitally signed by Alex Scherer
Date: 2025.05.15 09:02:46 06'00'
Signed and dated
Alexander Scherer, Supplemental Environmental Projects Coordinator
Environmental Justice Program - Administration Division
Colorado Department of Public Health and Environment
10
Z025-IZSZ
Contract Form
Entity Information
Entity Name*
COLORADO DEPT OF PUBLIC
HEALTH /ENVIRONMENT
Entity ID*
OD00001 926
Contract Name*
SUPPLEMENTAL ENVIRONMENTAL PROJECT FUNDING
FOR ELECTRONICS RECYCLING
Contract Status
CTB REVIEW
Contract ID
9418
Contract Lead*
BFRITZ
New Entity?
Contract Lead Email
bfritz@weld.gov;Health-
Contracts@weld.gov
Contract Description*
SUPPLEMENTAL ENVIRONMENTAL PROJECT FUNDING FOR ELECTRONICS RECYCLING
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$100,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
HEALTH
Department Email
CM-Health@weld.gov
Department Head Email
CM-Health-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
05: 12 2025
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
05;'08,'2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Review Date*
09/30/2026
Committed Delivery Date
Contact Type Contact Email
Renewal Date
Expiration Date*
10/01 /2026
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JASON CHESSHER
DH Approved Date
05/05,2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05/12/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
05/06;2025 05/06/2025
Tyler Ref #
AG 051225
Originator
BFRITZ
Hello