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HomeMy WebLinkAboutCC Reso 2022-12 - Adopting NOI RE SB 1383-Organic Waste Reductions RESOLUTION 2022-12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE NOTICE OF INTENT TO COMPLY WITH REGULATORY REQUIREMENTS OF SB 1383, SHORT-LIVED CLIMATE POLLUTANTS: ORGANIC WASTE REDUCTIONS AND AUTHORIZING THE SUBMITTAL OF INTENT TO COMPLY TO CALRECYCLE WHEREAS, 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 Ukiah is a local jurisdiction required to comply with the Regulations; and WHEREAS, the City of Ukiah 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. WHEREAS, the City of Ukiah is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; 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 THAT the City Council of the City of Ukiah hereby: Adopts the Notification of Intent to Comply attached as Exhibit"A." Authorizes and directs Director of Public Works, on the behalf of the City of Ukiah, to submit the Notification of Intent to Comply attached as Exhibit "A" to CalRecycle for approval pursuant to the Statute; and By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Ukiah 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; and The City of Ukiah 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; and Page 1 of 2 Directs the Department of Public Works to continue efforts to work with other City Departments to implement the requirements of the Regulations including, but not limited to, adoption of an enforceable ordinance. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah this 1601 day of February, 2022 by the following vote: AYES: Councilmembers Orozco, Crane, Rodin, Duenas, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None Glvezo'14 - Jirn . rown, Mayor ATTEST: K stine Lawler, CMC/City Clerk Page 2 of 2 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 NO]CA-Cal Recycle.ca. 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 12rint or type responses. Attach additional pages as necessary. Jurisdiction Name:City of Ukiah County:Mendocino Person Completing the Form:Tim Eriksen First Name:Tim Last Name:Eriksen Title:Director of Public Works Mailing Address:300 Seminary Ave City:Ukiah Zip Code:95482 Email Address:teriksen@cityofukiah.com Phone N u m be r:707-463-6280 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 0 (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 ■❑ (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 on (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. X(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 42849.8) ❑■ (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: x (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section ❑ (2) ❑ (3) ❑ (4) ❑ (5) 2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable. Preparation for compliance will require additional time to develop the policies, procedures, contracts, oversight, education and resources. In addition due to the broad nature and complexity of SB 1383 further discussion and clarifications are ongoing with CalRecycle and other jurisdictions upon its implementation. 3. A description of the impacts of the COVID-19 pandemic on compliance. The COVID-19 pandemic was impacted the City's ability to be in compliance by further compounding the stress on the supply chain of local garbage and green waste pickup efforts 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. Please see attached City of Ukiah Senate Bill 1383 Short-Lived Climate Pollutants: Organic Waste Reductions Compliance Plan 1 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 (A!V City of Ukiah City of Ukiah Senate Bill 1383 Short-Lived Climate Pollutants: Organic Waste Reductions Compliance Plan Perform mandatory collection services monitoring. (14 CCR § 18981.2) Planned date of compliance January 1, 2023. 1. Offer de minimis, physical space, and collection frequency waivers. (§18984.11) 2. Work with County for capacity planning. (§18992.1) 3. Provide education and outreach. (§18985.1) 4. Annually conduct compliance reviews for commercial businesses that generate 2 or more cubic yds solid waste per week and monitor container contamination with route reviews or waste evaluations for all generators. (§18984.5, §18995.1) Edible food recovery program (14 CCR § 18991.1) Planned date of compliance January 1, 2023, 1. Identity Tier 1 and Tier 2 commercial edible food vendors and estimate total amount of donated food. 2. Inspect Tier 1 generators now and Tier 2 generators in 2024 to confirm food recovery agreements. (§18995.1) 3. Provide education and outreach. (§18985.2) 4. Coordinate with edible food recovery organizations and services to determine capacity. (§18992.2) Recordkeeping and Reporting. (14 CCR § 18995.2) Planned date of compliance January 1, 2023. 1. Implementation Record for review to CalRecycle. 2. Report Ordinance implementation by April 1, 2022. (§18994.1) 3. Contamination monitoring. Update City Ordinance (§18981.2) Planned date of compliance April 1, 2023. 1. Require compliance with 2019 CalGreen Sections(§18989.1) • Ensure space for recycling and organic waste collection in Multi-Family residences of 5+ units and other nonresidential buildings. 2. Require compliance with Model Water Efficient Landscape Ordinance(MWELO)Title 23 CCR sections which requires compost and mulch on certain projects. (§18989.2) Update City Procurement Policies (Article 12) Planned date of compliance January 1, 2023. 1. Procure a target amount of recovered organic waste products(compost, mulch, renewable energy)(§18993.1) 2. Procure recyclable paper products made from at least 30% recycled material in accordance with PRC (§22150-22154) 300 Seminary Avenue- Ukiah-CA -95482-5400 Phone: (707)463-6233 • Fax: (707)313-3621 • www.cityofukiah.com