To the members of the:
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August 22, 2024
Council Memor andum
To:
From:
Honorable Mayor Blackburn and Members of the City Council Paz Gomez, Deputy City Manager, Publ~orks
Via: Geoff Patnoe, Assistant City Manager @'
{city of
Carlsbad
Memo ID# 2024066
Re : Business Outreach and Enforcement Update for Organics Recycling and Single-Use Plastic Ordinances (Districts -All)
This memorandum provides an update on the Sustainable Materials Management business outreach and enforcement activities for Senate Bill (SB) 1383 and city's single-use plastic ordinances.
Background
The City Council approved the Carlsbad's Sustainable Materials Management Plan (SMMP) with the adoption of Resolution No. 2019-145, and the Sustainable Materials Implementation Plan (SMMIP) with adoption of Resolution No. 2021-291. These plans provide recommendations and actions to support the city's environmental and sustainability guiding principles.
As directed by the City Council at its meeting on December 14, 2021, and included in the adopted implementation plan, the city approved the following ordinances:
■ Ordinance 6.20: A single-use plastic foodware ban, to be phased in over time .;:,... . ■ Ordinance 6.22: A plastic bottle ban for city facilities and city-affiliated events ■ Ordinance 6.24: A plastic bag ban
■ Ordinance 6.26: A ban on the intentional release of balloons at city facilities or city-affiliated events
Additionally, the city's Sustainable Materials Management Division monitors and provides oversight on implementation of state-mandated programs, including the state's solid waste and recycling mandates that were authorized by Assembly Bill (AB) 939, AB 341, AB 1826, AB 827, AB 1276 and SB 1383.
Discussion
Outreach to businesses
Following adoption of the single-use plastics ordinances, staff visited approximately 2,930 businesses in the city to provide outreach and education to:
Public Works Branch
Environmental Sustainability Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2646 t
Council Memo -Business Outreach and Enforcement for Organics Recycling (Districts -All) August 22, 2024
• Inform businesses of SB 1383 regulations, including the requirements to compost organic waste and recover edible food
• Advise businesses of city requirements for the single-use plastics ordinances • Ensure businesses had all three required waste services that are provided by the city's waste hauler, Republic Services, and the contact information for the liaison with Republic Services for any needed additional assistance
During these visits, staff provided outreach materials, checklists of applicable regulations and a city-developed "Solutions Manual & Product List," which contained resources for businesses to learn about vendors that provide alternative options for single-use plastic items. Additionally, staff informed businesses that enforcement of these ordinances would begin in July 2023.
Business Outreach and Enforcement Update
Beginning in 2023 and into 2024, staff conducted follow-up inspections to businesses, visiting 1,634 businesses to date, including convenience stores, plazas, food establishments, shopping centers, retail facilities, and hotels. During these visits, staff continued to focus on outreach and education, ensuring the businesses were aware of the new organics and edible food requirements, and the single-use plastics ordinances.
If a business is out of compliance with either the SB 1383 organics and edible food requirements or the city's single-use plastic ordinances, letters of noncompliance were issued to the businesses. An update on the number of noncompliance letters sent and other enforcement actions taken is provided below by category of noncompliance:
• Organics services
-Noncompliance if the business does not have a green bin for organics recycling or blue bin for recycling
-To date, 39 letters of non-compliance were issued, of which 38 matters were resolved
• Service interruption or lack of payment
-Noncompliance if the business has not paid for services; therefore, Republic Services has stopped services at the business
-To date, five letters of non-compliance were issued, and all five were resolved • Edible food recovery requirements
-Noncompliance if the business does not have a food donation agreement with a food recovery organization, as required by SB 1383
-To date, 31 letters of non-compliance were issued, of which 26 matters were resolved and one matter was escalated to a Notice of Violation • Single-use plastics regulations
-To enforce the city ordinances, staff request that the business provide a plan within 30 days of the initial visit, which must include how the business will comply with the requirements and an estimated timeline
Council Memo -Business Outreach and Enforcement for Organics Recycling {Districts -All) August 22, 2024
-If a business refuses or ignores the request for a plan, a letter of noncompliance is issued
-To date, 111 letters of non-compliance were issued, of which 23 matters were resolved
Next Steps
Staff will continue to assist businesses by providing outreach and technical assistance related to SB 1383 and single-use plastic ordinances as the primary approach to achieving full compliance.
If businesses continue to not comply with SB 1383 organics recycling requirements or fail to make progress towards compliance with the city's single-use plastic ordinances, enforcement measures will escalate, as needed, consistent with the requirements of the Carlsbad Municipal Code and California statutes.
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Gary Barberio, Deputy City Manager, Community Services
Laura Rocha, Deputy City Manager, Administrative Services Gina Herrera, Assistant City Attorney
Jeff Murphy, Community Development Director
Kristina Ray, Communication and Engagement Director
James Wood, Environmental Sustainability Director
Avecita Jones, Senior Program Manager
Matt Sanford, Economic Development Manager