Report Prepared by: Monique Gama, Recycling Coordinator, Public Works
Title
SUBJECT: Adoption of Resolution Authorizing Submittal of a Notification of Intent to Comply to the Department of Resources Recycling and Recovery (CalRecycle) to Secure Administrative Civil Penalty Relief for SB 1383 Requirements
REPORT IN BRIEF
Adopt a Resolution authorizing submittal of a Notification of Intent to Comply to the Department of Resources Recycling and Recovery to secure administrative civil penalty relief for SB 1383 (organic waste) requirements.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2022-09, A Resolution of the City Council of the City of Merced, California, adopting the Notification of Intent to comply for CalRecycle approval regarding Organic Waste Reductions.
Body
ALTERNATIVES
1. Approve as recommended by staff; or,
2. Refer to staff for reconsideration of specific items (specific items to be addressed in the motion); or,
3. Deny; or,
4. Continue to a future meeting (date and time to be specified in the motion).
AUTHORITY
Public Resources Code section 42652.5(d) and Title 14 California Code of Regulations.
CITY COUNCIL PRIORITIES
As provided for in the 2021-22 Adopted Budget.
DISCUSSION
The City of Merced has been working toward meeting all the requirements set forth with the passing of SB 1383, Short-lived Climate Pollutants (SLCP): Organic Waste Reductions. SB 1383 requires implementation of organic waste and food recovery programs effective January 1, 2022 to both residential and commercial customers, with compliance objectives in collection & processing, monitoring & enforcement, product procurement, ordinances & policies, edible food recovery, education & outreach, and reporting & record keeping. However, due to various reasons, such as costs involved, the creations of infrastructure to process the material and delays experienced from the pandemic, we were unable to accomplish every item addressed in Title 14 of the California Code of Regulations (14 CCR); this has been commonplace throughout other jurisdictions Statewide.
Failure to comply with 14 CCR can result in penalties of up to $10,000 per violation per day beginning in 2022. Each category of the title 14 regulations contributes to reaching the State of California’s sizable goal of 75% waste reduction from the 2014 waste characterization study.
Collection & Processing: SB 1383 requires the City to provide a program (and services) that allows for collection of general waste, recycling (non-organic) and organic recycling. Each collection container must also meet statewide standardized color and labeling requirements. The City currently offers a Three container collection system and have been providing organic food waste disposal services. The City’s residential containers do meet current requirements with the exception of food waste being permitted in the green container. Our commercial containers require appropriate labeling for each type of container and the color of our food waste only containers. They were purchased with a container color of orange before the color standardization was set. We are in the process of purchasing brown ones and will phase out the orange containers before the deadline.
The processing of food waste is currently out of compliance with no permitting or infrastructure in place with the Regional Waste Management Authority (RWA) to process the organic food waste. RWA is currently awaiting proposals for the organic waste capacity and processing facility. We are hoping this will lead to permitting that will allow food waste to be comingled with green waste. This will help the City eliminate the need for more staffing, equipment, additional routes, and adding another container to our residential accounts.
The City has applied for the SB 1383 Local Assistance Grant Program to aid in the purchase of kitchen pails for food waste disposal as part of our organic waste program.
Monitoring & Enforcement: Annual inspections and compliance program checks for organic waste generators, edible food generators and edible food recovery organizations will need to be performed and enforcement actions used as outlined in SB 1383. City trucks are outfitted with a camera system that allows us to see what is falling from the container and log contaminations. Notifications are sent and contamination fees assessed if needed. The added inspections will increase the staff time needed to perform associated on-going tasks.
Product Procurement: As part of the desire of SB 1383 to create a market for the increase in organic waste recycling, the State has set forth procurement requirements for each jurisdiction. The City of Merced is required to purchase 7,278 tons of material. Types of material which meet the qualifications are limited and require certification of coming from a California landfill. Recovered organic waste consists of compost, mulch, renewable fuel and renewable electricity. In addition to the recovered waste, there is a recycled content paper procurement requirement. This is a blanket requirement for all paper purchase, both printing/writing and janitorial. There is no target amount, however, all purchases must meet the postconsumer waste requirements defined by Federal Trade Commission “Green Guides” (16 CFR 260.12) and PCC 22150-22154.
Ordinances & Policies: The City has already updated our ordinance to reflect the changes required by SB 1383 for mandatory participation. Commercial customers are in the process of adding the required services as containers are being purchased to accommodate the customer’s service needs.
Edible Food Recovery: Each jurisdiction shall implement an edible food recovery program and provide education and outreach to meet edible food recovery goals. Updates should be done yearly and distributed by the jurisdiction. There are two known organizations for Merced and we are gathering information for distribution.
Reporting & Record Keeping: Reporting and record keeping of all elements associated with SB 1383 has required a large increase to the hours needed from staff. We have been working with our GIS Coordinator to develop an application within ArcGIS to aid staff in the record keeping and reporting requirements. Using ArcGIS will allow multiple Refuse staff members to check and log information and retrieve the reporting needed for the State.
The Department of Resources Recycling and Recovery (CalRecycle) realizes the strain and to assist jurisdictions, has provided the opportunity to apply for a Notification of Intent to Comply for the purpose of providing some temporary relief of civil penalties set in place with 14 CCR. If approved, this will provide the City with relief through 2022, with the potential of a Corrective Action Plan (CAP) extension into 2023. As part of our application, CalRecycle requires an adopted Resolution providing authorization for submittal of the Notification of Intent to Comply. If the City does not file the Notification of Intent to Comply, it could risk facing penalties of up to $10,000 per violation per day.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed at this time.
ATTACHMENTS
1. Resolution No. 2022-09
2. City of Merced Application for Notification of Intent to Comply