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 [email protected].
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 Fort Bragg County:Mendocino
Person Completing the Form:Alfredo Huerta
First Name: Alfredo Last Name: Huerta
Title: Assistant City Engineer
Mailing Address: 416 North Franklin Street
City: Fort Bragg Zip Code: 95437
Email Address: [email protected]
Phone Number: 707-961-2823 x 138
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.
(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 (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 (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)
(2)
(3)
(4)
(5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
There are several reasons why the City of Fort Bragg is unprepared to fully implement SB1383 as if January 2022 including:
1. SB 1383 is a sweeping, comprehensive, and complicated law SB 1383 is one of the most sweeping solid waste management laws that has been passed in the United States. As a result, the preparation to comply with the law will require significant time to develop the appropriate plans, contracts, staffing, resources, and local oversight.
2. The regulations were adopted in late 2020 and are still being debated and clarified Given the sweeping nature and complexity of SB 1383, CalRecycle has been conducting outreach and providing clarifications on the interpretation of the regulations. This outreach and clarification continue to today. As a result, the development and implementation of programs to comply with the regulations has been delayed.
3. Current Franchise collection service agreement terminates in June 2022.
The City went through a reprocurement of the Franchise collection service agreement in 2021, and the timing of the contract made it difficult, if not impracticable, to be able to implement SB 1383 services at the beginning of 2022. The new contract is intended to comply with SB 1383 regulations beginning July 1, 2022.
4. The COVID-19 pandemic has compounded the complexity of SB 1383 implementation and contributed to delays with compliance as described below in Section 3.
3. A description of the impacts of the COVID-19 pandemic on compliance.
The COVID-19 pandemic, including supply chain disruptions, has impacted the ability to hire new drivers and procure the new trucks and carts needed to comply with SB 1383. The pandemic has also led to City, Consultant and Vendor staffing shortages and constantly changing work environments and procedures, which has contributed to delays with compliance.
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 attached compliance plan with planned compliance schedule.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
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Signature
Alfredo Huerta
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Printed Name
Assistant City Engineer
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Title
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Date
SB1383 Compliance Plan Page 1 of 3
City of Fort Bragg 2/23/2022
CITY OF FORT BRAGG
416 N. FRANKLIN, FORT BRAGG, CA 95437
PHONE 707/961-2823 FAX 707/961-2802
SB1383 Compliance Plan
COMPLIANCE TASKS
Collection & Processing
Collection Franchise (14 CCR § 18984.1, 18984.7, 18984.8, 18992.1, 18995.1) – Planned compliance date 7/1/2022
o New franchise agreement compliant with SB 1383 begins on July 1, 2022 o Prior to July 1, 2022:
Acquire trucks, carts, and bins
Conduct education and outreach
Roll-out carts and bins
Education and Outreach – will be included in Franchise Agreement o Organic Waste Recovery (14 CCR § 18985.1)– Planned compliance date 1/1/2023
o Edible Food Recovery (14 CCR § 18985.2) – Planned compliance date 1/1/2023 Perform collection services monitoring (14 CCR § 18984.5) – will be included in Franchise Agreement – Planned compliance date 1/1/2023
o Monitor services to ensure customers are complying with organic waste segregation
o Conduct compliance reviews
o Conduct contamination monitoring and provide penalties for non-complying generators
Plan/implement waiver program for multi-family and commercial generators – will be included in Franchise Agreement – Planned compliance date 1/1/2023 o De minimis [14 CCR § 18984.11(1)]
o Physical space [14 CCR § 18984.11(2)]
Record keeping and reporting – Planned compliance date 1/1/2023 o Contamination Monitoring (14 CCR § 18984.6)
o Collection Services (14 CCR § 18984.4)
o Education and outreach (14 CCR § 18985.3)
o Waivers (14 CCR § 18984.14)
Ordinance & Policies
Adopt City Ordinance – Planned compliance date 4/1/2022 SB1383 Compliance Plan Page 2 of 3
City of Fort Bragg 2/23/2022
o Draft updates to Title 6 of City of Fort Bragg Municipal Code (Health and Sanitaton)
o Draft updates to Title 15 of City of Fort Bragg Muni Code (Buildings and Construction)
o Ensure City ordinance complies with CALGreen Building Standards (14 CCR § 18989.1)
o Ensure City ordinance complies with Model Water Efficient Landscape (14 CCR § 18989.2)
o Approve Ordinance
Update City of Fort Bragg procurement policy – Planned compliance date 1/1/2023 o Procurement of products made from recovered organic waste including compost, mulch, and renewable energy (14 CCR § 18993.1) o Procure recycled-content paper (14 CCR § 18993.3)
Procurement
Procure products made from recovered organic waste such as compost, mulch and renewable energy (14 CCR § 18993.1) – Planned compliance date 1/1/2023 Procure recycled-content paper (14 CCR § 18993.3) – Planned compliance date 1/1/2023
Record keeping and reporting – Planned compliance date 1/1/2023 o Recovered organics waste product procurement (14 CCR § 18993.2) o Recycled-content paper procurement (14 CCR § 18993.4) Edible Food Recovery
Identify Tier 1 and Tier 2 commercial edible food generators (14 CCR § 18991.3) o Tier 1 (supermarkets, grocery stores, food service providers, food distributors, wholesale food vendors) – Included in Franchise agreement – Planned compliance date 7/1/2022
o Tier 2 (restaurants, hotels with onsite food and 200+ rooms, health facilities with onsite food and 100+ beds, large events, local education facilities with on-site food) – will be included in Franchise Agreement – Planned compliance date 1/1/2024 (as required)
Inspect Tier 1 and Tier 2 commercial edible food generators (14 CCR § 18991.1) – Planned compliance date 1/1/2023
Identify organizations that can utilize edible food (14 CCR § 18991.2 and § 18991.4) – Planned compliance date 1/1/2023
Edible Food Recovery Capacity (14 CCR § 18992.2) – Planned compliance date 1/1/2023
Edible Food Recovery Inspections & Enforcement (14 CCR § 18995.1, 18995.4) – Planned compliance date 1/1/2023
Facilitate agreements between generators and organizations that can utilize edible food (14 CCR § 18991.5) – Planned compliance date 1/1/2023 Record keeping and reporting (14 CCR § 18991.2, 18991.4, 18995.2) – Planned compliance date 1/1/2023
o Commercial edible food generators
o Edible food recovery
Action Items Responsible Party
Acquire equipment (trucks, carts, bins) Hauler
Conduct education and outreach PWD, Hauler
Implement collection & processing services Hauler
Contamination monitoring/recordkeeping Hauler
Edible Food Education and outreach PWD, Hauler
Waivers PWD
Annual reporting PWD, Hauler
Update City solid waste ordinance PWD, CC
Update City procurement policy PWD, CC
Organic waste products PWD, FD
Recycled paper PWD, FD
Procurement recordkeeping & reporting PWD, FD
Tier 1 generators PWD, Hauler
Tier 2 generators PWD, Hauler
Edible Food Recovery Capacity Planning PWD, DOT
Edible Food Recovery Inspections & Enforcement PWD
Food Recovery recordkeeping & reporting PWD
PWD = Public Works Department Hauler = Franchise Collection Hauler CC = City Council FD = City Finance Department
DOT = Department of Transportation
2022 2023 2024
COMPLIANCE SCHEDULE
SB1383 Compliance Plan Page 3 of 3
City of Fort Bragg 2/23/2022