Northern Colorado residents could be sent to collections over trash service they never signed up for

Nearly a year after a city in northern Colorado created its own trash service program, requiring residents with trash to opt in to their service or pay a fine, those refusing to pay are facing collections. The City of Fort Collins confirmed its contracted provider, Republic Services, has been authorized to seek collections from those who have not paid the opt-out fee.

The city legally created the program in 2024 following a state law passed at the Capitol in Denver, a law that allowed cities to create some utility service programs and then fine those who choose to use other providers. Cities like Lafayette, Golden and Arvada have been doing similar programs longer than Fort Collins.

Since creating the program in Fort Collins, the city says more than 3,175 accounts have opted out of the city's trash service. More than 1,000 of those have refused to pay the associated fee.  

"I think there is a lot of confusion and frustration around the opt-out fee," said Josh Birks, deputy director of sustainability services in Fort Collins.

Birks called the opt-out fee a "consequence" for not participating in a community effort handed down by city leadership.

"It is basically requiring them to compensate the program and the rest of their fellow citizens for the fact that they are choosing to go elsewhere," Birks said.

Birks said the city sees their contract with Republic Services as a way to reduce the number of trash trucks on the road, cutting down on traffic, emissions and noise. He also said it allows the city to negotiate a uniform price that is fair for all.

"In order to do that, we need our entire community to participate," Birks said.

While 92% of the city, or just under 37,000 accounts, have complied with the city's program, those who have refused to pay their opt-out fees are now facing collections.

"It is frustrating anytime someone may have a negative consequence," Birks said. "They are making a choice to not participate, but that choice has a cost that they are liable for. And if they are choosing still to not make payment, there has to be a consequence for not participating in the program and not meeting your obligations as part of a broader community."

Many residents have written CBS News Colorado expressing their frustrations since the program was created, noting they are being fined and now facing collections for a service they never asked for or agreed to.

After CBS News Colorado first reported on the program in 2024, dozens of frustrated consumers from around Colorado also expressed their frustrations with similar programs elsewhere. Some suggested it was the government overstepping, threatening people to do business with one company over the rest of the fair market.

Birks said it was a misconception that Fort Collins was pushing people to have their services done through one specific provider. He said this program is the city creating its own trash service, and Republic Services was simply contracted to do the work.

The city said it could have handled the disputes over pay itself instead of allowing Republic Services to file for collections. However, Birks said that would have resulted in civil infractions being issued and court dates set.

The city says the collections agency used should spend at least a couple of weeks attempting to educate those in violation and receive compliance before collections are formally filed.

In a statement issued to CBS News Colorado, a spokesperson for Republic Services said the following:

"At Republic Services of Colorado, we are committed to providing reliable and sustainable waste collection services to our communities in compliance with all applicable laws and regulations. As part of that commitment, we work closely with municipalities to ensure proper billing practices and transparency regarding service fees, including the waste opt-out fee established under local law.

In accordance with our contract with Fort Collins and Fort Collins Municipal Code, we are required to bill an opt-out fee to customers who wish to use a different hauler or haul their own trash and recycling.  Any customers who are 90 days past due may be subject to collection.  We encourage anyone with questions about their bill or who may be experiencing financial hardship to contact our customer service team. We are always willing to work toward a solution and support our customers whenever possible. Call 970-416-2012 for assistance."

Republic Services chose not to provide a spokesperson or company management for an interview on this report.