Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Fontana County:San Bernardino Person Completing the Form:
First Name: Armando Last Name: Martinez
Title: Public Works Manager
Mailing Address: 16489 Orange Way
City: Fontana Zip Code: 92335
Email Address: [email protected]
Phone Number: (909) 350-6660
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:
X (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents ii. 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) 14CCR 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
X (F) 14 CCR section 18984.5 Container Contamination Minimization XI (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
X (H) 14 CCR section 18984.7 Container Color Requirements XI (I) 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 O) 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 (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 (2) 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)
X (CC) 14CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
X (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 (1)
(2)
(3)
(4)
• (5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
The City Council plans on taking up the SB 1383 enforceable ordinance, on first reading, at its February 8, 2022 City Council meeting. The City is currently in negotiations with Burrtec to provide organic waste collection services and what specific SB 1383 obligations Burrtec will perform. Once that is resolved, Burrtec will to provide a proposal to the City for organic waste collection services. Any changes in the scope of work that Burrtec will perform will require an amendment to the franchise agreement and Council approval of increased rates. The rate increases will be subject to a Prop. 218 hearing and those procedural requirements.
3. A description of the impacts of the COVID-19 pandemic on compliance.
There have been staffing challenges and turnover during 2021, in addition to City Hall closures and adjustments to teleworking that have delayed the adoption of the SB 1383 enforceable mechanism and franchise discussions. In addition, City residents and businesses have been financially impacted by the COVID-19 pandemic, and this has made it challenging to introduce new collection services and increased rates when residents and businesses may be struggling to make ends meet.
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 mentioned in the response to Question No. 1, the City Council plans on taking up the SB 1383 enforceable ordinance, on first reading, at its February 8, 2022 City Council meeting. The City is considering an amended and reinstated franchise agreement, which would take considerable time by City staff and Burrtect to update. If the City decides not to pursue an amended and restated franchise agreement agreement, an amendment to the franchise agreement would be considered. Burrtec would then propose rates for the provision of organic waste collection services and other services to satisfy SB 1383 Regulations. City staff would need time to review and evaluate the rate proposal. City staff may wish to present the information to Council before sending the Prop. 218 notice to property owners and tenants. City staff, in conjunction with legal counsel, would need to prepare a Prop. 218 notice, and coordinate printing and mailing of the notices. Then, the City would work to educate solid waste customers about changes in solid waste collection services and new rates to take effect on January 1, 2023. This would allow for sufficient time for the City to approve changes to the franchise agreement and rates.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
- PUBLIC WORK MANAGER 1-31-2022
Signature Printed Name Title Date
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Negotiate amendments to Franchise Agreement with Date to be completed:
Burrtec Ongoing
TASK 2: Amend Franchise Agreement with Burrtec for Burrtec to Date to be completed:
implement SB 1383 organic waste collection Dec. 31, 2022 TASK 3: Adopt rates for Burrtec to implement SB 1383 programs Date to be completed:
Dec. 31, 2022
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:
TASK 2: Date to be completed:
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 4/7/2022
TASK 2: The city will work with its hauler to find a facility to Date to be completed:
accept mixed organic waste. 4/14/2022
Regulatory Requirement: (B.ii.) 14CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: 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.
Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute Date to be completed:
appropriate containers to all commercial accounts. The city will 4/28/2022 obtain monthly reports from the hauler to monitor full distribution of carts.