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Hauler presents options on waste and recycling; council asks attorney and staff to check 2080/28E obligations

Maxwell City Council · October 15, 2025
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Summary

A hauler representative described options to switch Maxwell's waste planning zone from Ames to Marshall County, outlined recycling implications and costs, and said his company could provide curbside or roll-off services. The council asked staff to send a written question to Ames and the city attorney about whether existing 2080/28E agreements were filed or still binding.

A service representative briefed the Maxwell City Council on solid-waste and recycling options, saying the company could continue to serve Maxwell whether the city remained in Ames' waste planning zone or switched to Marshall County. The presenter said Marshall County could accept the city's trash and that some partner communities already route material there.

The discussion addressed two linked issues: (1) whether switching away from Ames would terminate or leave in place any per-capita assessments under the existing 2080/28E arrangement, and (2) whether a move would require the city to implement a recycling program (state DNR landfill-diversion targets point to increased mandatory recycling activity if the resource-recovery option ends). The presenter said recycling/landfill diversion rules will make recycling mandatory in the near term and that different collection models (curbside weekly/biweekly or centralized roll-offs) are possible depending on council preference and cost.

Council members raised a procedural and legal question: the city had an agreement with Ames described in the packet and council wanted formal written clarification on whether the 28E / resource-recovery agreement had been filed with the Secretary of State and whether it remains binding. A councilmember noted he had checked the Secretary of State and could not find a filed 28E and asked the city attorney to review and the clerk to send a written request for clarification. The clerk was asked to send a letter to the attorney to confirm whether the prior agreement is enforceable or was properly filed.

The presenter said the company could likely absorb additional distance without raising rates given lower landfill fees in Marshall County and offered to provide education material on recycling best practices to support any transition. Council asked staff to collect rate comparisons, confirm legal obligations tied to existing agreements and report back.

What happens next: Staff will draft and send a written question to Ames and the city attorney regarding the status of any 28E/2080 agreements and return with legal and cost analyses before the council takes a final step.