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R3. By July 1, 2025, Brisbane, South San Francisco, and Millbrae should begin using the simpler diversion rate calculation the report mentioned or develop a contingency plan if their hauler’s scales are inaccurate.
R4. Beginning November 30, 2024, cities should publish quarterly or annual waste reports with diversion and participation rates on their government websites.
R5. Beginning December 31, 2024, cities should separate waste tons and diversion rates into the three (or two) property types (business, residential, multi-family) in their annual or quarterly reports.
R6. Starting April 1, 2025, cities that cannot separate waste tons and diversion rates by property type should conduct waste evaluations on highly contaminated routes more often.
R7. Starting May 1, 2025, cities that cannot separate waste tons and diversion rates by property type should analyze problematic routes’ past and present contamination trends to track their progress.
R8. By February 1, 2025, jurisdictions should develop and implement new ways to make green bins usable in multi-family dwellings’ and businesses’ narrow or small waste enclosures.
REQUESTS FOR RESPONSES
Pursuant to Penal Code 933.05 the Grand Jury requests responses from the following governing bodies.
Jurisdiction Findings Recommendations
Town of Atherton 2, 4, 5, 6, 7 4, 5, 6, 7
City of Brisbane 1, 2, 3, 4, 5, 6, 7, 8 1, 2, 3, 4, 5, 6, 7, 8 City of Daly City 1, 2, 3, 4, 5, 7 1, 4, 8
City of Half Moon Bay 1, 2, 3, 4, 5, 7 1, 4, 8
City of Millbrae 1, 2, 3, 4, 5, 6, 7, 8 1, 2, 3, 4, 5, 6, 7, 8 City of Pacifica 1, 2, 3, 4, 5, 6, 7 1, 4, 5, 6, 7, 8
RethinkWaste JPA 1, 2, 3, 4, 5, 7 1, 4, 8
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City of San Bruno 1, 2, 3, 4, 5, 6, 7 1, 4, 5, 6, 7, 8
San Mateo County 1, 2, 3, 4, 5, 7 1, 4, 8
City of South San Francisco 1, 2, 3, 4, 5, 6, 7, 8 1, 2, 3, 4, 5, 6, 7, 8 Town of Woodside 2, 4, 5, 6, 7 4, 5, 6, 7
The governing bodies indicated above should be aware that the comment or response of the governing body must be subject to the notice, agenda, and open meeting requirement of the Brown Act.
RESPONSE REQUIREMENTS
California Penal Code Section 933.05 provides the following regulations (emphasis added).
1.) For purposes of subdivision of Section 933, as to each Grand Jury finding, the responding person or entity shall report one of the following:
a.) The respondent agrees with the finding.
b.) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the disputed finding and shall include an explanation of the reasons.
2.) For purposes of subdivision of Section 933, as to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
a.) The recommendation has been implemented, with a summary regarding the implemented action.
b.) The recommendation has yet to be implemented but will be implemented in the future, with a timeframe for implementation.
c.) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall be at most six months from the Grand Jury report's publication date.
d.) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.
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GLOSSARY
CalRecycle (California Department of Resources Recycling and Recovery) State department formed in 2010 that manages recycling and waste management programs to reduce waste and reuse all materials. Enforces the Integrated Waste Management Act and Beverage Container Recycling and Litter Reduction Act so Californians can use less, recycle more, and take resource conservation to higher and higher levels. (Source: About Us CalRecycle)
County Service Area
County Service Areas (CSAs) are entities that provide government services by counties within unincorporated areas. It allows communities to fund a service by charging a direct assessment or property-related fee for services such as water and/or sewer service, road and/or drainage maintenance, street lighting, fire protection and/or landscaping. The County Board of Supervisors acts as the governing body for the County Service Areas. (Source: Special Districts in San Mateo County)
Disposal-Related Activities
Alternative daily cover
(ADC) and Alternative
intermediate cover (AIC)
The use of materials to cover
disposed waste in a landfill
cell at the end of the landfill
operating day (daily cover) or
at some other interval
(intermediate cover) to
control odors, fire, vectors,
litter, and scavenging. Green
and non-green ADC exist.
Engineered Municipal Solid
Waste (EMSW), waste-tire
derived fuel, and other
beneficial reuse (construction
or landscaping) at landfills
(such as construction
activities, landscaping, and
erosion control).
Transformation
The use of incineration,
pyrolysis, distillation, or
biological conversion to
combust unprocessed or
minimally processed solid
waste to produce electricity.
Transformation does not
include gasification,
composting, or biomass
conversion.
(Source: State of Disposal and Recycling in California for Calendar Year 2022) Franchise Area
Franchised areas are communities where municipalities or special districts have used their bulk purchasing power to negotiate rates with a hauler to provide waste collection services. (Source:
Curbside Collection - SMC Sustainability Department)
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High Diversion Organic Waste Processing Facilities (HDPFs) “High diversion organic waste processing facility” means a facility that is in compliance with the reporting requirements of Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025 as calculated pursuant to Section 18815.5(e) for organic waste received from the “Mixed Waste Organic Collection Stream” as defined in Section 17402(a)(11.5). (Source: Short-Lived Climate Pollutants, California Code of Regulations (West) title 14, § 18982)
Joint Powers Authority (JPA)
A joint powers agency (JPA) consists of two or more public agencies that jointly exercise any power common to both through a joint powers agreement or contract. The agreement may set up a governing board composed of representatives of the contracting agencies and defines the JPA's governance and functions. (Source: Joint Powers Agencies Providing Municipal Services in San Mateo County)
Milton Marks “Little Hoover” Commission
The Little Hoover Commission, formally known as the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy, is an independent state oversight agency created in 1962. The Commission’s mission is to investigate state government operations and policy, and – through reports and legislative proposals – make recommendations to the Governor and Legislature to promote economy, efficiency and improved service in state operations. In addition, the Commission has a statutory obligation to review and make recommendations on all proposed government reorganization plans. (Source: About the Commission)
Organic Waste
“Organic waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. (Source: Short-Lived Climate Pollutants, Cal.
Code Regs. tit. 14 § 18982 (2020))
RethinkWaste (South Bayside Waste Management Authority) In 1982, eleven local governments (Belmont, Burlingame, East Palo Alto, Foster City, Hillsborough, Menlo Park, Redwood City, San Carlos, San Mateo, San Mateo County and the West Bay Sanitary District) in San Mateo County formed RethinkWaste, AKA the South Bayside Waste Management Authority (SBWMA). It is a joint powers authority that owns and manages the Shoreway Environmental Center in San Carlos, California. The site receives all the
37 2023-2024 San Mateo County Civil Grand Jury
recyclables, green waste and garbage collected from the Member Agencies. Other responsibilities include supporting and managing service providers that collect, process, recycle and dispose of materials on behalf of the JPA. (Source: About RethinkWaste)
BIBLIOGRAPHY
Brisbane, Cal., n.d. “Waste and Recycling.” Accessed June 10, 2024. https://www.brisbaneca.org/publicworks/page/waste-and-recycling.
Browning, Corey. 2022. “New Compost Requirements in San Mateo County.” San Mateo Daily Journal, August 11, 2022. https://www.smdailyjournal.com/news/local/new-compostrequirements-in-san-mateo-county/article_8baa7ce6-45f6-11ec-9be7-8325579e56c6.html.
California Air Resources Board. 2023. “California Greenhouse Gas Emissions from 2000 to 2021: Trends of Emissions and Other Indicators.” Released December 14, 2023. https://ww2.arb.ca.gov/sites/default/files/2023-12/2000_2021_ghg_inventory_trends.pdf.
California Air Resources Board. 2019. “Aerial methane survey finds a fraction of point sources responsible for more than a third of California’s methane emissions.” Released November 6, 2019. https://ww2.arb.ca.gov/news/aerial-methane-survey-finds-fractionpoint-sources-responsible-more-third-californiasmethane#:~:text=According%20to%20the%20survey%2C%20just,of%20California's%2 0total%20methane%20emissions.
California Department of Finance. 2024. “E-1 Cities, Counties, and the State Population and Housing Estimates with Annual Percent Change - January 1, 2023 and 2024.” Released May 1, 2024. https://dof.ca.gov/forecasting/demographics/estimates-e1/.
California Department of Finance. 2022. “E-4 Population Estimates for Cities, Counties, and the State, 2011–2020, with 2010 Census Benchmark.” Last Revised May 2022. https://dof.ca.gov/wp-content/uploads/sites/352/Forecasting/Demographics/Documents/E4_2010-2020-Internet-Version.xlsx.
California Department of Finance. 2012. “E-4 Population Estimates for Cities, Counties, and the State, 2001–2010, with 2000 & 2010 Census Counts.” Last Revised November 9, 2012. https://dof.ca.gov/wpcontent/uploads/sites/352/Forecasting/Demographics/Documents/E4_2000- 2010_Report_Final_EOC_000.xlsx.
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California Health and Safety Code § 39711 (2014).
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&divisio n=26.&title=&part=2.&chapter=4.1.&article=.
California Health and Safety Code § 39730.6 (2016).
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§i onNum=39730.6.
California Public Resources Code § 41780 (1989).
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§ionNum =41780.
California Public Resources Code § 42652.5 (2022).
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§ionNum =42652.5.
CalRecycle. 2024. “State of Disposal and Recycling in California for Calendar Year 2022.” Released February 8, 2024. https://www2.calrecycle.ca.gov/Publications/Download/1907.
CalRecycle. 2022a. “2021 Disposal Facility-Based Waste Characterization Data Tables.” Released November 2022. https://www2.calrecycle.ca.gov/Docs/Web/122544.
CalRecycle. 2022b. “Countywide, Regionwide, and Statewide Jurisdiction Diversion/Disposal Progress Report.” Accessed May 9, 2024.
https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/DiversionDisposal.
CalRecycle. 2021. “State of Disposal and Recycling in California for Calendar Year 2020.” Released December 28, 2021. https://www2.calrecycle.ca.gov/Publications/Download/1754.
CalRecycle. 2020. “State of Disposal and Recycling in California for Calendar Year 2018.” Released April 6, 2020. https://www2.calrecycle.ca.gov/Publications/Download/1453.
CalRecycle. n.d1. “Department-Approved Waivers for Reporting Entities.” Accessed May 5, 2024. https://calrecycle.ca.gov/organics/slcp/waivers/approved/#LPWcities.
CalRecycle. n.d2. “Jurisdiction Enforcement.” Accessed June 21, 2024. https://calrecycle.ca.gov/organics/slcp/enforcement/jurisdiction/.
CalRecycle. n.d3. “New Statewide Mandatory Organic Waste Collection.” Accessed May 19, 2024. https://calrecycle.ca.gov/organics/slcp/collection/.
39 2023-2024 San Mateo County Civil Grand Jury
DiNapoli, Alyse. 2024. “Garbage rates are set to jump in San Mateo.” San Mateo Daily Journal, April 18, 2024. https://www.smdailyjournal.com/news/local/garbage-rates-are-set-tojump-in-san-mateo/article_87aa257e-eb21-11ee-a6a5-2f28cac97939.html.
D’Souza, Shereen. “Hearing on Organic Waste Recycling (Part 3), September 8, 2022.” Milton Marks Commission interview, 28:31-28:44. https://www.youtube.com/watch?v=CJbMlCaI9lc.
Edgar and Associates, Inc. 2023a. “City of Brisbane Annual Report 2022.” Published August 1, 2023.
Edgar and Associates, Inc. 2023b. “City of South San Francisco Annual Report 2022.” Published August 1, 2023.
Granada Community Services District. n.d. “Sewer Authority Mid-Coastside.” Accessed June 11, 2024. https://granada.ca.gov/sewer-authority-mid-coastside.
GreenWaste. 2023. “2023 Annual Summary.” Accessed March 19, 2024.
GreenWaste. n.d. “Base Services and Example Service Scenarios.” Accessed April 5, 2024.
Kunz Valley Trash. n.d1. “Pricing Increase/Franchise Addition.” Accessed June 11, 2024. https://www.kunzvalleytrash.com/flyer.pdf.
Kunz Valley Trash. n.d2. “Services.” Accessed June 11, 2024. https://www.kunzvalleytrash.com/services.asp.
Mata, Ana. 2024. “Redwood City set to hike garbage rates.” San Mateo Daily Journal, March 7, 2024. https://www.smdailyjournal.com/news/local/redwood-city-set-to-hike-garbagerates/article_2926b68c-d6b5-11ee-9986-9f933c36af5a.html.
Pacifica. n.d. “Below are the tonnages collected by Recology from May, 2022 through April 2023.” Released April 30, 2024.
Recology San Mateo County. 2024. “Quarterly Report to the SBWMA for 4th Quarter 2023.” Released December 30, 2024.
Recology San Mateo County. 2023. “Annual Report to the SBWMA for Year 2022.” Released February 14, 2023. https://rethinkwaste.org/wp-content/uploads/2023/04/RSMC-Annual-Report2022.pdf.
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Recology San Mateo County. 2021. “Annual Report to the SBWMA for Year 2020.” Released February 14, 2021. https://rethinkwaste.org/wp-content/uploads/2021/02/Recology-AnnualReport-2020.pdf Republic Services. 2024a. “Quarterly Report for the City of Daly City Second Quarter Fiscal Year 2023/24.” Released January 30, 2024.
Republic Services. 2024b. “Quarterly Report for the City of Half Moon Bay Fourth Quarter Calendar Year 2023.” Accessed April 2, 2024.
RethinkWaste. 2024. “SBWMA Technical Advisory Committee Meeting.” May 9, 2024. https://rethinkwaste.org/wp-content/uploads/2024/05/RethinkWaste-TAC-Packet05092024.pdf.
RethinkWaste. 2024. “SBWMA Technical Advisory Committee Meeting.” March 14, 2024. https://rethinkwaste.org/wp-content/uploads/2024/03/RethinkWaste-TAC-Packet03142024.pdf.
RethinkWaste. n.d. “About.” Accessed May 5, 2024.
https://rethinkwaste.org/about/rethinkwaste/about/.
San Bruno. 2024. “City of San Bruno Data on Waste and Recycling Categories.” Released March 13, 2024.
San Mateo County. 2021. “Low Population Waiver Application for Unincorporated Portions of Counties (Special Districts Providing Solid Waste Collection Services): 9843 and 6138.” Signed December 21, 2021.
San Mateo County Civil Grand Jury. 2019. “Planning for the County’s Waste Management Challenges.” Released July 30, 2019.
https://www.sanmateo.courts.ca.gov/system/files/waste_management.pdf.
San Mateo County Sustainability Department. 2024. “Disposable Food Service Ware Ordinance.” Updated April 2024. https://www.smcsustainability.org/wastereduction/foodware#start-dates.
San Mateo County Sustainability Department. 2022. “Frequently Asked Questions.” Updated July 2022. https://www.smcsustainability.org/waste-reduction/foodware/facilities/faq/.
41 2023-2024 San Mateo County Civil Grand Jury
San Mateo County Sustainability Department. n.d. “Curbside Collection.” Accessed May 14, 2024. https://www.smcsustainability.org/waste-reduction/curbside-collection/.
San Mateo Local Agency Formation Commission (LAFCo). n.d. “Joint Powers Agencies Providing Municipal Services in San Mateo County.” Accessed May 18, 2024. https://www.smcgov.org/lafco/joint-powers-agencies-providing-municipal-services-san-mateocounty.
Short-Lived Climate Pollutants, California Code of Regulations (West) title 14, §§ 18982, 18984.2, 18984.9, 18984.11, 18984.12, 18993.1, 18993.3, 18997.2 (2020). https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations ?guid=IB9B3A3D35B4D11EC976B000D3A7C4BC3&originationContext=documenttoc &transitionType=Default&contextData=(sc.Default)&bhcp=1.
South San Francisco Scavenger. 2024. “2023 Participation and Diversion Rates.” Compiled March 16, 2024.
South San Francisco Scavenger. 2023. “Quarterly Report: Period Ending December 31, 2023.” Accessed April 2, 2024.
U.S. Bureau of Labor Statistics. 2024. “Unemployment Rate [UNRATE], retrieved from FRED, Federal Reserve Bank of St. Louis.” Last Updated May 3, 2024. https://fred.stlouisfed.org/series/UNRATE.
U.S. Census Bureau. 2022a. “ACS Demographic and Housing Estimates: San Mateo County, California.” Accessed May 16, 2024.
https://data.census.gov/table?g=050XX00US06081&y=2022.
U.S. Census Bureau. 2022b. “Total Population in Occupied Housing Units by Tenure by Year Householder Moved Into Unit: San Mateo County, California.” Accessed May 22, 2024. https://data.census.gov/table/ACSDT1Y2022.B25026?q=san%20mateo%20county%202022&t= Year%20Householder%20Moved%20Into%20Unit.
U.S. Census Bureau. 2022c. “Physical Housing Characteristics for Occupied Housing Units.” Accessed June 9, 2024.
https://data.census.gov/table/ACSST1Y2022.S2504?q=san%20mateo%20county&t=Year%20Str ucture%20Built&y=2022.
West Bay Sanitary District. n.d. “Areas of Coverage.” Accessed June 11, 2024. https://westbaysanitary.org/about-us/areas-of-coverage/.
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Wagoner, Rachel Machi. “Hearing on Organic Waste Recycling (Part 3), September 8, 2022.” Milton Marks Commission interview, 57:00-57:11.
https://www.youtube.com/watch?v=CJbMlCaI9lc.
APPENDIXES
A. GreenWaste Annual Summary 2023
B. Republic Services Daly City Q2 FY 2023-2024 Report
C. Republic Services Half Moon Bay Q4 2023 Report
D. San Bruno - Data on Waste and Recycling Categories 2023 E. South SF Scavenger 2023 Diversion Rates
F. Pacifica FY 2022-2023 Diversion Rates
G. Recology San Mateo County February 2024 Participation Rate Tables
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Appendix A
GreenWaste Annual Summary 2023
44 2023-2024 San Mateo County Civil Grand Jury
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Appendix B
Republic Services Daly City Q2 FY 2023-2024 Report
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Appendix C
Republic Services Half Moon Bay Q4 2023 Report
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Appendix D
San Bruno - Data on Waste and Recycling Categories 2023
49 2023-2024 San Mateo County Civil Grand Jury
Appendix E
South SF Scavenger 2023 Diversion Rates
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Appendix F
Pacifica FY 2022-2023 Diversion Rates
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Appendix G
Recology San Mateo County February 2024 Participation Rate Tables
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Release Date: July 11, 2024
2023-2024 San Mateo County Civil Grand Jury
80 FAIR OAKS LANE | ATHERTON, CALIFORNIA 94027 | PH: (650) 752-0577 | EM: [email protected] www.ci.atherton.ca.us
September 18, 2024 SENT VIA EMAIL & MAIL
Honorable Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center. 2nd Floor
Redwood City, CA 94063-1655
Subject: Response of the Town of Atherton to the Civil Grand Jury Report "The State of Compost Compliance in San Mateo County"
Dear Judge Lee,
Thank you for the opportunity to respond to the Civil Grand Jury report entitled "The State of Compost Compliance in San Mateo County." The Town of Atherton’s response to both the findings and recommendations are listed below.-
Responses to Civil Grand Jury Findings:
F2. Green bin contamination among compliant multi-family dwellings and businesses prevents them from diverting more organic waste.
Response:
The Town of Atherton agrees with this finding.
F4. Multi-family dwellings and businesses produce a significant amount of the County’s organic waste.
Response:
The Town of Atherton agrees with this finding.
F5. Citizens cannot conveniently access reliable diversion and participation rates because JPAs and cities do not make the information available on their government websites.
Response:
The Town of Atherton disagrees with this finding. Quarterly reports are made available with the meeting packet
TOWN OF ATHERTON
CITY COUNCIL
80 FAIR OAKS LANE
ATHERTON, CALIFORNIA 94027
(650) 752-0577
80 FAIR OAKS LANE | ATHERTON, CALIFORNIA 94027 | PH: (650) 752-0577 | EM: [email protected] www.ci.atherton.ca.us
for the Refuse & Recycling Committee and some report highlights are showcased in the Town’s Quarterly Athertonian Newsletter.
F6. Assessing progress on organic waste diversion in Atherton, Brisbane, Millbrae, Pacifica, San Bruno, South San Francisco, and Woodside is difficult because they and their haulers do not separate waste tons by property type on their annual or quarterly reports.
Response:
The Town of Atherton agrees with this finding.
F7. An alternate and reliable method to separating waste tons by property type would be analyzing contamination statistics from route audits and waste evaluations.
Response:
The Town of Atherton agrees with this finding.
Responses to Civil Grand Jury Recommendations:
R4. Beginning November 30, 2024, cities should publish quarterly or annual waste reports with diversion and participation rates on their government websites.
Response:
The Town of Atherton will implement this recommendation and will begin publishing quarterly waste reports, provided by GreenWaste, with diversion and participation rates on our government website starting November 30, 2024.
R5. Beginning December 31, 2024, cities should separate waste tons and diversion rates into the three (or two) property types (business, residential, multi-family) in their annual or quarterly reports.
Response:
The Town of Atherton will work to implement this recommendation and coordinate with GreenWaste on separating waste tons and diversion rates into the three property types (commercial, residential, multi-family) in our annual and quarterly reports starting December 31, 2024.
R6. Starting April 1, 2025, cities that cannot separate waste tons and diversion rates by property type should conduct waste evaluations on highly contaminated routes more often.
Response:
The Town of Atherton has conducted route audits through GreenWaste and is willing to request more route audits on highly contaminated routes more often starting April 1, 2025, if the proposed solution to R5 is not successful.
R7. Starting May 1, 2025, cities that cannot separate waste tons and diversion rates by property type should analyze problematic routes’ past and present contamination trends to track their progress.
80 FAIR OAKS LANE | ATHERTON, CALIFORNIA 94027 | PH: (650) 752-0577 | EM: [email protected] www.ci.atherton.ca.us
Response:
The Town of Atherton will implement this recommendation and will analyze contamination trends on problematic routes to track progress starting May 1, 2025 if the proposed solutions to R5 and or R6 are not successful.
This response to the Grand Jury was considered by the City Council at a public meeting on Wednesday, September 18, 2024.
Should you have any questions concerning this response, please contact Christabel Soria Mendoza, Management Analyst I, at (650) 752-0577.
Respectfully,
TOWN OF ATHERTON
Diana Hawkins-Manuelian
Mayor
cc: City Council
George Rodericks, City Manager