RESOLUTION 2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORTUNA
AUTHORIZING THE CITY MANAGER TO SUBMIT A NOTICE OF INTENT TO COMPLY UNDER SB 619 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 Fortuna is a local jurisdiction required to comply with the Regulations; and
WHEREAS, The City of Fortuna 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 Fortuna 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 of Fortuna by and through its City Manager hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.”
The City of Fortuna hereby authorizes and directs the City Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute.
By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Fortuna 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.
The City of Fortuna by and through its City Manager 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.
PASSED AND ADOPTED at a regular meeting of the City of Fortuna City Council this 22nd day of February 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Sue Long, Mayor
ATTEST:
______________________________
Siana L. Emmons, City Clerk