HomeMy WebLinkAbout2022-017 - Calrecycle For Approval PursuantRESOLUTION NO.2022-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADOPTING NOTIFICATION OF INTENT
TO COMPLY WITH SB 1383 ORGANIC WASTE
RECYCLING REGULATIONS AND AUTHORIZING
SUBMITTAL OF NOIC TO CALRECYCLE FOR
APPROVAL PURSUANT TO SIB 619
WHEREAS, the California Department of Resources Recycling and Recovery
("CalRecycle"), in consultation with the California Air Resources Board, has adopted
regulatory requirements (`Regulations"), consistent with the mandate of Senate Bill 1383
(Lara, 2016) that are designed to achieve the organic waste reduction goals established
in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the
level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75
percent reduction in the level of the statewide disposal of organic waste from the 2014
level by 2025; and
WHEREAS, the City of Santa Ana is a local jurisdiction required to comply with the
Regulations; and
WHEREAS, the City is or expects to be facing continuing violations of the
Regulations commencing during the 2022 calendar year; and
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section
42652.5 of the Public Resources Code ("Statute"), created a mechanism called a
Notification of Intent to Comply through which a local jurisdiction may secure
administrative civil penalty relief from any continuing violations of the Regulations for the
2022 calendar year and may be eligible for a broader and longer -term regulatory
compliance path, including suspended administrative civil penalties, through a corrective
action plan; and
WHEREAS, the City is a local jurisdiction authorized by the Statute to submit a
Notification of Intent to Comply for CalRecycle approval; and
WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly
adopted by the jurisdiction by formal written resolution and meets the requirements of the
Statute.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. The City Council of the City of Santa Ana hereby formally adopts the
Notification of Intent to Comply attached as Exhibit A.
Resolution No. 2022-017
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Section 2. The City Council hereby authorizes and directs the Executive
Director of Public Works, or his or her designee, on its behalf, to submit the Notification
of Intent to Comply attached as Exhibit A to CalRecycle for approval pursuant to the
Statute.
Section 3. By submitting the Notification of Intent to Comply pursuant to and
subject to the above referenced requirements, the City of Santa Ana represents and
certifies that it will implement the proposed actions to remedy the violations according to
the proposed schedule as approved by CalRecycle and in accordance with the Statute
and Regulations.
Section 4. By and through the Executive Director of Public Works, or his or her
designee, the City also acknowledges and agrees to comply with any maximum
compliance deadline in any corrective action plan that CalRecycle, in its sole discretion,
determines to be necessary and appropriate under the circumstances for the correction
of any violation(s) of the Statute and Regulations identified in its Notification of Intent to
Comply
Section 5. This Resolution shall take effect immediately upon its adoption by
City Council and the Clerk of Council shall attest to and certify the vote adopting this
resolution.
ADOPTED this 12 day of March, 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jo6fi M. Funk
Sr. Assistant City Attorney
Resolution No. 2022-017
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AYES: Councilmembers Hernandez, Lopez Mendoza Penaloza Phan
Bacerra. Sarmiento (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2022-017 to be the original resolution adopted by the City Council of the
City of Santa Ana on March 01, 2022.
Date: 3, ��aa
- clv��
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2022-017
Page 3 of 3
Exhibit A
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a
county and city, or special districts providing solid waste collection services) for purposes of
submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC)
section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the
Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code
of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the
jurisdiction's governing body, shall be sent to CalRecycle no later than March 1, 2022, to
N OI C(a) Cal Recvcle.ca.gov.
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction
is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations
within the timelines established in 14 CCR section 18996.2 with a proposed schedule for
doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction's notification and implementation of the intent to
comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section
42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2.
a. CalRecycle may address through a corrective action plan any violations disclosed in a
jurisdiction's notification that will take more than 180 days to correct. In this situation,
the proposed actions and schedule in the jurisdiction's approved notification will be in
effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its
notification with an approval, disapproval, request for additional information, or timeline for a
decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not
meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction's
notification.
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Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Santa Ana
County:Orange
Person Completing the Form:Christy Kindi
First Name: Christy
Last Name: Kindig
Title: Public Works Enterprise Manager
Mailing Address: 20 Civic Center Plaza, M-21
City: Santa Ana
I Zip Code: 92701
Email Address: ckindig@santa-ana.org
Phone Number: 714-647-5088
1. Select using the check boxes below or write in the continuing violations for each applicable
regulatory section. For each selection, please describe the specific violations related to the
regulatory section.
Example:
Z (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
L Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents
fi. Not implementing mandatory commercial organics collection for all businesses under
2 cubic yards. Note: City already provides mandatory commercial organics collection
to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential
violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services, This requirement is
not included since the requirements are further specified in sections 18984.1-18984.11
® (B) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
❑ (C) 14 CCR section 18984.2 Two -Container Organic Waste Collection Services
❑ (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services
® (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste
Collection Services
❑ (F) 14 CCR section 18984.5 Container Contamination Minimization
❑ (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination
Minimization
❑ (H) 14 CCR section 18984.7 Container Color Requirements
❑ (1) 14 CCR section 18984.8 Container Labeling Requirements
❑ (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction
❑ (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach.
❑ (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach
❑ (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction's Compliance with
Education and Outreach Requirements
❑ (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers
❑ (0) 14 CCR section 18988.3. Self -haulers of Organic Waste
❑ (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction
Hauler Program
❑ (Q) 14 CCR section 18989.1. CALGreen Building Codes
❑ (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance
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❑ (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program
❑ (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food
Recovery Program
❑ (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning
❑ (V) 14 CCR section 18992.2. Edible Food Recovery Capacity
® (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target
® (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste
Procurement Target
❑ (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements
❑ (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper
Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting
Note: This requirement is not included since jurisdictions are still expected to report to
Ca/Recycle;
❑(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements
Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be
completing this action due to the requirements of PRC Chapter 12.9 (commencing with
Section 42649.8)
❑ (CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements
(DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations
Note: This requirement is not included since jurisdictions are still expected to investigate
complaints.,
❑ (EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction
Use the check box(es) below to write in the continuing violations for any regulatory section(s) not
reflected above and describe the specific violations related to the regulatory section.
Example:
® (1) (Type regulatory section number) (Type regulatory section title)
i. Describe the specific violations related to the regulatory section
® (1) Section 18983.1 Landfill Disposal and Recovery
❑ (2)
❑ (3)
❑ (4)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by
documentation, if applicable.
The City has undergone a competitive Request For Proposal (RFP) process for solid waste and
recycling collection services. The RFP process, which began in 2015, yielded a franchise
agreement that incorporates many of the programmatic requirements of SIB 1383 into the
franchise as hauler obligations. The franchise was awarded to Republic Services (Republic) on
August 17, 2021. The requisite SIB 1383 programs will become effective with the franchise on
July 1, 2022. However, due to the franchise start date, the City's SB 1383 commercial organics
collection programs and multi -family organics collection programs will not be fully implemented
for several quarters. Full commercial and multi -family organics implementation is expected to
be completed by December 31, 2023 and is driven by several factors.
The franchise agreement initially includes an'enforced opt -in' compliance approach in which
Republic's three Santa Ana dedicated recycling coordinators will provide customized service
proposals for all non -compliant accounts. Accounts that do not opt -in to establish compliant
service outlined by the recycling coordinators may be referred by the hauler to the City.
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The City and/or its consultant will then attempt to facilitate program understanding and
implementation, and warn accounts that failure to do so will result in code enforcement action.
The City will utilize dedicated code enforcement officers to issue citations to non -compliant
accounts as noted in the City's ordinance, approved in April 2022.
The hauler referral process is outlined in Section 4.3.6.1 Site Visits, Education and Outreach of
the franchise agreement, an excerpt of which is included as Attachment 1. The City believes
this approach will yield the compliance outcomes required by statute and will lead to higher -
levels of generator participation and lower levels of contamination, but will require additional
time to execute.
The transition from Waste Management to Republic Services will be an enormous logistical
undertaking and will be the key focus of the City's solid waste staff and the franchise hauler
over the next 9 months. The transition will greatly increase the City's SIB 1383 compliance.
3. A description of the impacts of the COVID-19 pandemic on compliance.
The COVID-19 pandemic will likely extend the delivery of SIB 1383 compliant containers. City
and hauler staffing will likely be impacted on a go -forward basis, as we have seen with the
variants. Many businesses are struggling to remain in business in 2022. These economic
impacts have delayed the implementation of organics recycling services available under the
City's existing franchise with Waste Management.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations
with a proposed schedule for completing each action. The proposed actions shall be tailored to
remedy the violations in a timely manner. See optional format below.
See the attached Continuing Violations Supplemental Attachment, Attachment 2.
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I hereby certify under penalty of perjury that the information provided herein is true and correct to the
best of my knowledge.
Signature Printed Name Title Date
Page 5 of 9
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the
violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Regulatory Requirement and Description
Action
Proposed Schedule
TASK 1:
Date to be completed:
TASK 2:
Date to be completed:
TASK 3:
Date to be completed:
Regulatory Requirement and Description
Action
Proposed Schedule
TASK 1:
Date to be completed:
TASK 2:
Date to be completed:
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three -Container Organic Waste
Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory reenwaste collection to all residents
Action
Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify
Date to be completed:
collection routes
41712022
TASK 2: The city will work with its hauler to find a facility to
Date to be completed:
accept mixed organic waste.
411412022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three -Container Organic Waste
Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under
2 cubic yards. Note: City already provides mandatory commercial organics collection to all
businesses 2 cubic yard or more.
Action:
Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify
Date to be completed:
collection routes
412112022
TASK 2: The city will work with its hauler to acquire and distribute
Date to be completed:
appropriate containers to all commercial accounts. The city will
4/28/2022
obtain monthly reports from the hauler to monitor full distribution
of carts.
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Attachment 1
4.3.6.1 Site Visits, Education and Outreach - Commercial and Multi -Family
Organics Recycling
if a Customer rejects the proposal from the Contractor or does not provide a response
within 30 days of the Contractor submitting the proposal, and, after at least three
documented attempts by the Contractor to follow-up with the Customer, the Customer
continues to be non -responsive, the Contractor may refer the Customers to the City for
enforcement action through any future ordinances that may be implemented by the
City. Such a referral to the City by the Contractor for non -compliant accounts must
include a written summary of the actions taken by the Contractor to implement an AB
1826/SB 1383-compliant program; a copy of the written proposal submitted to the
Customer by the Contractor; and any written correspondence from the Customer to the
Contractor. If, after the City begins enforcement proceedings against the Customer, the
Customer agrees to comply and implement an AB 1826/SB 1383-compliant program,
the City will notify the Contractor of the Customer's willingness to comply and the
Contractor will coordinate with the Customer to implement an AB 1826/SB 1383-
compliant program.
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Attachment 2
City of Santa Ana
SB 1383 Continuing Violations Supplemental Attachment
Regulatory Requirement
14 CCR Section 18983.1 Landfill Disposal and Recovery
Description: The City has not implemented compliant organic waste collection services to divert Organic materials from the landfill
Action:
lProposedSchedulle:
Task 1: The City will begin residential organics processing and diversion when the
Completion Date: July 1, 2022
new franchise hauler contract becomes effectives on July 1, 2022.
Task 2: Implement full compliant collections stems and diversion programs.
Date to be completed: January 1, 2024
Explanation:
The new franchise agreement, which contains all SB 1383-required programs Including residential, commercial, multi -family and industrial organics recycling
programs, will be effective July 1, 2022. Collection of all waste streams is required under the City's mandatory ordinance that will go Into effect April 2022. The
residential organics program will automatically begin on July 1, 2022 when residential yard waste carts effectively become the new organics carts, which will Include
processing and diversion. The City will need until December 31, 2023 to Implement organics recycling programs at all non-compllant accounts for commercial, multi-
family, and industrial generators via the enforced 'opt -in' approach described in the franchise agreement.
Regulatory Requirement
(B.11)14 CCR Section 18984.1 Three Container Organic Waste Collection Services
Description: The City has not fully implemented compliant organic waste collection services for residential, commercial businesses, and. multi family complexes.
Note: The City's current franchise hauler, Waste Management, offers varying levels of trash, recycling, and food waste collection services to residents, businesses and
multi -family complexes in the City. The City currently: offers commercial food waste recycling, and residential, commercial and multi -family commingled recycling
services with Waste Management through June 30, 2022. Additionally, the Clty underwent an RIP process for a new hauler agreement that aligns with SB 1383 and
selected Republic Waste Services as its new franchise hauler in 2021. The new franchise agreement, which contains all SB 1383-required programs including
residential, commercial and multi -family organics recycling programs, will be effective July 1, 2022. Mandatory collection of all waste streams is required under the
Clty's mandatory ordinance that will go into effect April 2022 The City will need until December 31, 2023 to implement organics recycling programs at all non-
compliant commercial and multi -family generators via the enforced 'opt in' approach described in the franchise agreement. The residential organics program will
automatically begin on July 1, 2022 when residential yard waste carts effectively become the new organics carts..
Action:
Proposed Schedule:
Task 1. Republic to hire 3 recycling coordinators per franchise agreement
requirements.
Date to be completed: July 1, 2022
Task 2: City to Include dedicated Public Works code enforcement officers in Fy 2022
2023 budget request submitted to City Council. Begin recruitment efforts upon
Date to be completed: January 1, 2023
Council approval.
Task 3: Send SB 1383 residential/commercial/multi-family requirements to all
Ongoing/First notice to be sent by July 1, 2022
customers as part of the program service guide.
Task 4: City to procure third -party consultant to assist with implementing new
source -separated organics recycling programs, waivers, and third -party
verifications at non -compliant accounts referred to City by hauler using grant
Date to be completed: July 1, 2022
funding.
Task 5: On -going efforts by third party consultant recycling coordinators to
implement food waste and commingled recycling programs at non -compliant
accounts. City to continue using third party consultants to assist with fieldwork
Date to be completed: December 31, 2023
activity. Non -compliant accounts will be referred to City by hauler for enforcement
action after additional contact by City's consultant.
Task 6: Begin Implementing compliant organics collection system(s) on the effective
Date to be completed: December 31, 2023
date of City's new franchise agreement with Republic Services.
Explanation:
Until the new franchise agreement is effective on July 1, 2022, the City is unable to provide a full menu of compliant organic waste collection services to commercial
businesses and mull accounts, that meet the requirements of Section 18984.1 - 18994.3,
Ongoing program roll -out and container delivery for commercial businesses and multi -family accounts will take an estimated 18 months using the enforced 'opt -in'
approach described in the franchise agreement. Rollout of programs are estimated to be significantly onerous for the City and franchise hauler due to limited
container supply and order delays.
Regulatory Requirement
14 CCR Section 18984.4 - Recorcikeeping Requirements for Compliance with
Organic Waste Collection Services
Description: The City has not yet Implemented recordkeeping requirements for compliance with organic waste collection services as the City's new hauler contract
will not begin unil July 1, 2022. SB 1383-Compliant reporting standards are included as a requirement in the new agreement.
Action:
Proposed Schedule:
Task 1: Include current available data recordkeeping requirements In
Implementation Record.
Ongoing
Task 2: Include all prescribed recordkeeping requirements in the Implementation
Record.
Date to be completed: December 31, 2023 and then ongoing
Explanation:
Until the new franchise agreement Is effective on July 1, 2022, the City is unable to include all of the information in its Implementation Record as required by Section
18984.4 as it pertains to compliance with the organic waste collection services. City will provide all current available data and will continue to do so when the
agreement Is In place and when all programs are executed.
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14 OCR Section 18993.1. Recovered Organic Waste Product Procurement
Regulatory Requirement
Target
Description: The City aniticpates not meeting 100% oflt's procurement target.
Action:
Proposed Schedule:
Task 1: While the hauler is contractually required to meet the City's procurment
target, the City will further Identify city activity and third -party vendor contracts for
Date to be completed: July 1, 2023
landscaping services to review opportunites to Include SB 1383 derived compost
and mulch requirements through contract modifications.
Task 2:'rhe City will work with the Purchasing Division to review the third -parry
Date to he completed: July 1, 2023
contracts.
Explanation:
The City's new franchise hauler contract with Republic Services requires the hauler to procure 100%of the City's Procurement Target as outlined in Section 4.4.9
Procurement of Recovered Organic Waste Products of the contract. However, the City anticipates the hauler will meet difflcultles in procurring organic material due
to low supply and high demand.
14 CCR Section 18993.2. Recordkeeping Requirements for Recovered Organic
Regulatory Requirement
g
Waste
Description The City will not have all records available for the Implementation Record:.
Action:
I Proposed Schedule:
Task 1: Include current available data recordkeeping requirements in
Implementation Record.
Ongoing
Task 2: Include all prescribed recordkeeping requirements in the Implementation
Record.
Date to be completed: December 31, 2023 and then ongoing
Explanation:
All records will not be available If the full procurement target is not met. City will provide all current available data.
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