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HomeMy WebLinkAboutResolution 2022-005." RESOLUTION NO. 2022-005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AUTHORIZING THE SUBMITTAL, TO CALRECYCLE, OF A NOTIFICATION OF INTENT TO COMPLY WITH THE REQUIREMENTS OF SENATE BILL 1383 AND TO SECURE ADMINISTRATIVE CIVIL PENALTY RELIEF UNDER THE PROVISIONS OF SENATE BILL 619 WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Laza, 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 Atascadero is a local jurisdiction required to comply with the Regulations; and WHEREAS, the City of Atascadero 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 _N eligible for a broader and longer-term regulatory compliance path, including suspended acMinistrative civil penalties, through a corrective action plan; and - WHEREAS, the City of Atascadero 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 Atascadero: SECTION 1. Recitals. The above recitals are true and correct and are incorporated into this Resolution by this reference. SECTION 2. Adoption. The City Council of the City of Atascadero by and through its City Manager hereby formally adopts the Notification of Intent to Comply attached hereto and incorporated herein as Exhibit "A." SECTION 3. Submittal. The City Council of the City of Atascadero hereby authorizes directs the City Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit "A" to CalRecycle for approval pursuant to Statute. City of Atascadero Resolution No. 2022-005 Page 2 of 2 SECTION 4. Certification. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Atascadero 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 5. Acknowledgement. The City of Atascadero by and through its City Manager 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. PASSED AND ADOPTED at a regular meeting of the City Council held on the 22nd day of February, 2022. On motion by Council Member Bourbeau and seconded by Council Member Dariz, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Dariz, Funk, Newsom, and Mayor Moreno NOES: None ABSENT: None ADOPTED: None CITY OF ATASCADERO 1 1 Heather Moreno, Mayor M : _ - R-)� -- az 4iste se , C erk APPROVED AS TO FORM: #2 Brian A. Pierik, City Attorney n n EXHIBIT A INotification 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 NO I C(&CalRecvcle.ca.a ov. 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. Please clearly print or type responses. Attach additional pages as necessary. Jurisdiction Name:City of Atascadero County:San Luis Obispo Person Completing the Form: First Name:Rachelle Last Name -.Rickard Title:City Manager Mailing Address:6500 Palma Avenue City:Atascadero Zip Code:93422 Email Address: nickard@atascadero.org Phone Number:(805) 470-3400 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: ® (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 H. 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 f" ❑ (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 CalRecycle. ❑(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 18988.1(a) Jurisdiction Approval of Haulers and Self -Haulers The City of Atascadero does not have a signed and approved hauler franchise agreement with the required SB1383 language in place at this time. Note: Current agreement does innliirlo nrniicinne fnr coniiro nnrl rnllorfinn of nrnnnir m�4eriole ❑ (2) ❑ (3) ❑ (4) E-1(5) 2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable. The City of Atascadero hauler franchise agreement expired on December 30, 2020, and the agreement has continued under term extension provisions in order to ensure that service continues uninterrupted during negotiations for a new hauler agreement. The agreement expiration date occurred during the height of the COVID-19 pandemic and within a month of the SB1383 regulations being released. The City paused negotiations during COVID and while the requirements and standards of the regulations were interpreted and incorporated into the City's Municipal Code. Changes in the COVID-19 situational status (staff availability and the availability of data and input from affected businesses), and certainty in the City's requirements are allowing negotiations to begin again in earnest. 3. A description of the impacts of the COVID-19 pandemic on compliance. COVID has greatly impacted staffing for both the City and the hauler. Due to COVID restrictions and policies, there has been limited staff available to interpret, draft, negotiate and implement SB1383 requirements. Staff resources were directed to COVID-19 response and as with the ever-changing nature of COVID-19, staff resources were very limited due to illness and quarantine and those available were continually redirected. (In spite of the limited staff, the City has been able to comply with most SB1383 requirements in a timely manner.) Additionally, COVID-19 has hampered both the City and the haulers ability to outreach to businesses in the community. This outreach to the business community is an essential piece of the negotiations in order to determine necessary service levels and to obtain data needed to negotiate service levels and rates with regards to S61383 requirements. 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. As COVID-19 impacts subside and recent surges in cases decrease, the hauler has been able to hire staff and to work with the regional waste management JPA on outreach to generators to gather data on service levels and any additional route requirements for commercial and multi -family premises. The City has also been able to take forward the required ordinance and amend the Municipal Code. Because of these changes, the hauler is now in a better position to estimate costs for new rates. City staff and the hauler are now in a position to diligently negotiate a contract that includes the requirements in the City's Municipal Code and obligated compliance with the requirements and standards of SB1383 requirements. The City has been talking with the hauler and discussing the various requirements of SB1383 since the regulations were released and anticipates that the City will have a negotiated contract with the hauler that includes the required SB1383 language prior to expiration of the current extension (December 2022). I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge. Rachelle Rickard ate? Rachelle Rickard City Manager Signature Printed Name Title 2/28/22 -------------------- Date .. n