Corrective Action Plan
STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
CORRECTIVE ACTION PLAN AND COMPLAINT FOR PENALTY
1198.SLCP.CAP.2023.2
Before: The State of California
Department of Resources Recycling and Recovery
1001 I Street
Sacramento, CA 95814
In the Matter of: City of Fortuna
621 11th Street
Fortuna, CA 95540
BACKGROUND AND PURPOSE
1. The California Department of Resources Recycling and Recovery is hereinafter referred to as "CalRecycle."
1.1 CalRecycle, in consultation with the California Air Resources Board, adopted regulatory requirements, consistent with the mandate of Senate Bill 1383 (Lara, Chapter 395, Statutes of 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. The purpose of these reductions is to further the statewide effort to reduce emissions of short-lived climate pollutants (SLCP), including methane. These SLCP regulations are referred to hereinafter as the “Regulations” and can be found at Title 14 California Code of Regulations (CCR) sections 18981.1 through 18998.4. Cities, counties, and special districts are responsible for implementing these Regulations in their communities starting January 1, 2022.
1.2 The City of Fortuna is hereinafter referred to as "Jurisdiction." Jurisdiction is required to comply with the Regulations.
1.3 Jurisdiction is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year, which could result in significant administrative civil penalties under the Regulations.
1.4 Senate Bill 619 (Laird, Chapter 508, Statutes of 2021), through amendments to section 42652.5 of the Public Resources Code (PRC), created a mechanism called Corrective Action Plan
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.
1.5 Under PRC section 42652.5(e), the Notification of Intent to Comply must include a description of proposed actions to remedy the violations, as well as a proposed schedule for those actions, that the Jurisdiction commits to undertake to remedy the violations.
1.6 The Notification of Intent to Comply is hereinafter referred to as “Notification.”
1.7 For violations taking more than 180 days to correct, PRC section 42652.2 allows CalRecycle to determine, in its sole discretion, that violations identified in a Notification may be addressed through a Corrective Action Plan issued pursuant to 14 CCR section 18996.2.
1.8 The Corrective Action Plan is hereinafter referred to as "CAP.”
1.9 For violations disclosed in the Notification approved by CalRecycle as meeting the requirements of PRC section 42652.5(e), CalRecycle shall waive administrative civil penalties during the 2022 calendar year if the Jurisdiction implements the proposed actions according to the approved Notification’s schedule of actions and, as applicable, approved CAP schedule of actions.
1.10 For violations disclosed in the Notification that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. SB 619 provides administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with an approved CAP schedule of action.
DETERMINATION OF VIOLATIONS
2. As authorized by PRC section 42652.5(c), the Jurisdiction notified CalRecycle of its ongoing or anticipated violations of the Regulations and the PRC through a Notification submitted February 24, 2022.
2.1 CalRecycle reviewed the Jurisdiction's Notification, its description of the Jurisdiction’s disclosed violations of the Regulations, and proposed actions and schedule for those actions to remedy those violations for compliance with PRC section 42652.5(e). CalRecycle approved the Notification’s proposed actions and schedule of actions, as modified by this CAP.
Corrective Action Plan
2.2 The Jurisdiction’s Notification identified the following violations of the Regulations as follows:
2.2.1 The Jurisdiction is and has been in violation of 14 CCR section 18984.1 in that since January 1, 2022, the Jurisdiction has not provided three-container organic waste collection service to all residential and commercial generators and/or has not included food scrap collection service in the three-container collection system provided to all residential and commercial generators.
2.2.2 The Jurisdiction is and has been in violation of 14 CCR section 18984.5 in that since January 1, 2022, the Jurisdiction has not conducted container contamination minimization for the residential or commercial sector.
2.2.3 The Jurisdiction is and has been in violation of 14 CCR section 18984.6 in that since January 1, 2022, the Jurisdiction has not met recordkeeping requirements for compliance with container contamination minimization.
2.2.4 The Jurisdiction is and has been in violation of 14 CCR section 18984.7 in that since January 1, 2022, the Jurisdiction has not distributed new containers meeting the container color requirements.
2.2.5 The Jurisdiction is and has been in violation of 14 CCR section 18984.8 in that since January 1, 2022, the Jurisdiction has not distributed new containers with proper container labeling.
2.2.6 The Jurisdiction is and has been in violation of 14 CCR section 18984.11 in that since January 1, 2022, the Jurisdiction has not verified each waived generator is eligible for a waiver.
2.2.7 The Jurisdiction is and has been in violation of 14 CCR section 18985.1 in that since February 1, 2022, the Jurisdiction has not provided education and outreach to organic waste generators that are provided an organic waste collection service, including self-haulers, or the information provided did not comply with the requirements.
2.2.8 The Jurisdiction is and has been in violation of 14 CCR section 18985.1 in that since February 1, 2022, the Jurisdiction is providing an unsegregated single container collection service to generators, but has not included information indicating that organic waste is being processed at a high diversion organic waste processing facility in the education and outreach provided to outreach to organic waste generators.
2.2.9 The Jurisdiction is and has been in violation of 14 CCR section 18985.1 in that since February 1, 2022, the Jurisdiction has not translated educational materials into any non-English language spoken by a substantial number of the public provided organic waste collection services by the jurisdiction.
2.2.10 The Jurisdiction is and has been in violation of 14 CCR section 18985.2 in that since February 1, 2022, the Jurisdiction has not developed a list of food recovery organizations and food recovery services operating within the jurisdiction or maintained the list on the jurisdiction’s website.
Corrective Action Plan
2.2.11 The Jurisdiction is and has been in violation of 14 CCR section 18985.2 in that since February 1, 2022, the Jurisdiction has not provided education and outreach to commercial edible food generators, or the information provided did not comply with the requirements.
2.2.12 The Jurisdiction is and has been in violation of 14 CCR, section 18985.3 in that since January 1, 2022, the Jurisdiction has not included all relevant documents supporting compliance with Article 4 (Education and Outreach) of the Regulations in the Implementation Record as required by section 18995.2.
2.2.13 The Jurisdiction is and has been in violation of 14 CCR section 18988.1 in that since January 1, 2022, the Jurisdiction has not required haulers providing residential, commercial, or industrial organic waste collection services to generators within its boundaries to meet the requirements and standards of the Regulations as a condition of approval of a contract, agreement, or other authorization to collect organic waste.
2.2.14 The Jurisdiction is and has been in violation of 14 CCR sections 18981.2 and 18988.1 in that since January 1, 2022, the Jurisdiction allows generators to self-haul, but has not adopted an ordinance or a similarly enforceable mechanism that requires compliance with the requirements in section 18988.3 of the Regulations.
2.2.15 The Jurisdiction is and has been in violation of 14 CCR section 18988.4 in that since January 1, 2022, the Jurisdiction has not met recordkeeping requirements for compliance with jurisdiction hauler program.
2.2.16 The Jurisdiction is and has been in violation of 14 CCR sections 18981.2 and 18989.1 in that since January 1, 2022, the Jurisdiction has not adopted an ordinance or other enforceable requirement requiring compliance with the following provisions of the California Green Building Standards Code, California Code of Regulations, Title 24, Part 11 as amended July 1, 2019 and effective January 1, 2020.
2.2.17 The Jurisdiction is and has been in violation of 14 CCR sections 18981.2 and 18989.2 in that since January 1, 2022, the Jurisdiction has not adopted an ordinance or other enforceable requirement that requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code of Regulations as amended September 15, 2015.
2.2.18 The Jurisdiction is and has been in violation of Title 14 CCR section 18991.1 in that since January 1, 2022, the Jurisdiction has not implemented an edible food recovery program that includes action to accomplish the following:
a. Educate commercial edible food generators as set forth in section 18985.2.
b. Increase commercial edible food generator access to food recovery organizations and food recovery services.
Corrective Action Plan
c. Monitor commercial edible food generator compliance as required in Article 14 of the Regulations.
d. Increase edible food recovery capacity if the analysis required by section 18992.2 indicates that the jurisdiction does not have sufficient capacity to meet its edible food recovery needs.
2.2.19 The Jurisdiction is and has been in violation of 14 CCR section 18991.2 in that since January 1, 2022, the Jurisdiction has not included all documents supporting compliance with section 18991.1 in the Implementation Record required by section 18995.2.
2.2.20 The Jurisdiction is and has been in violation of 14 CCR section 18992.1 in that since January 1, 2022, the Jurisdiction or regional agency has been contacted by the county pursuant to this section and has not responded to the county’s request for the information necessary to comply with the requirements of this section within 120 days of receiving the request from the county.
2.2.21 The Jurisdiction is and has been in violation of 14 CCR section 18992.1 in that since January 1, 2022, the Jurisdiction has not consulted with the Enforcement Agency and the local task force created pursuant to PRC section 40950 on the status of locations for new or expanded solid waste facilities including the potential capacity increase each facility may provide if approved.
2.2.22 The Jurisdiction is and has been in violation of Title 14, CCR, section 18992.1 in that since January 1, 2022, the Jurisdiction has not consulted with haulers and owners of facilities, operations, and activities that recover organic waste including, but not limited to, compost facilities, in-vessel digestion facilities, and Publicly Owned Treatment Works to gather information on the existing capacity and potential new or expanded capacity at those facilities, operations, and activities.
2.2.23 The Jurisdiction is and has been in violation of 14 CCR section 18992.1 in that since January 1, 2022, the Jurisdiction has not conducted community outreach regarding locations being considered for new or expanded facilities, operations, or activities to seek feedback on the benefits and impacts that may be associated with new or expanded facilities, operations, or activities in compliance with that section.
2.2.24 The Jurisdiction is and has been in violation of 14 CCR section 18992.1 in that since January 1, 2022, the Jurisdiction has not consulted with community composting operators to estimate the amount of organic waste the county, and the jurisdictions and regional agencies located within the county, anticipate will be handled at community composting activities.
2.2.25 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction has not estimated the amount of edible food that will be disposed by commercial edible food generators.
Corrective Action Plan
2.2.26 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction has not Identified existing capacity at food recovery organizations identified in section 18982(a)(25)(A)–(B) that is available to commercial edible food generators.
2.2.27 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction has not identified proposed new or expanded food recovery organizations and food recovery services that will be used to recover edible food identified pursuant to subdivision (a)(1) of that section.
2.2.28 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, Jurisdiction has not identified the amount of new or expanded capacity, at food recovery organizations and food recovery services that is necessary to recover the edible food that is estimated to be disposed by commercial edible food generators in subdivision (a)(1) of that section.
2.2.29 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction has not consulted with food recovery organizations and food recovery services regarding existing, or proposed new and expanded, capacity that could be accessed by the jurisdiction and its commercial edible food generators.
2.2.30 The Jurisdiction is and has been in violation of 14 CCR section 18992.2 in that since January 1, 2022, the Jurisdiction or regional agency has been contacted by the county pursuant to this section and has not responded to the county’s request for the information necessary to comply with the requirements of this section within 120 days of receiving the request from the county.
2.2.31 The Jurisdiction is and has been in violation of 14 CCR section 18993.1 in that since January 1, 2022, the Jurisdiction has not procured recovered organic waste products to meet or exceed its current annual recovered organic waste product procurement target.
2.2.32 The Jurisdiction is and has been in violation of 14 CCR section 18993.2 in that since January 1, 2022, the Jurisdiction has not included all documents supporting its compliance with Article 12 of the Regulations in the implementation record required by section 18995.2.
2.2.33 The Jurisdiction is and has been in violation of 14 CCR section 18993.3 in that since January 1, 2022, the Jurisdiction has not procured paper products, and printing and writing paper, consistent with the requirements of sections 22150-22154 of the Public Contract Code.
2.2.34 The Jurisdiction is and has been in violation of 14 CCR section 18993.3 in that since January 1, 2022, the Jurisdiction has not required all businesses from whom it purchases paper products and printing and writing paper to comply with the requirements of that section.
Corrective Action Plan
2.2.35 The Jurisdiction is and has been in violation of 14 CCR section 18993.4 in that since January 1, 2022, the Jurisdiction has not included all documents supporting its compliance with Article 12 of the Regulations in the implementation record required by section 18995.2.
2.3 CalRecycle accepted the Jurisdiction’s self-reported Notification and characterization of its violations therein. CalRecycle has not undertaken a compliance review of Jurisdiction, and thus CalRecycle’s approval of the Notification or this CAP should not be taken as an indication that Jurisdiction is in full compliance with Regulations in other respects. CalRecycle will be undertaking a compliance review of all jurisdictions in the future.
SCHEDULE FOR COMPLIANCE
3. Based on the foregoing DETERMINATION OF VIOLATIONS, CalRecycle finds that:
a. The Jurisdiction worked with CalRecycle to develop this CAP, which includes schedule of actions necessary for the Jurisdiction to achieve address the violations disclosed in the Notification and described in Section 2 (Determination of Violations) above.
b. CalRecycle hereby approves and issues this CAP pursuant to PRC section 42652.5(c)-(e) and Title 14 CCR section 18996.2.
c. The Jurisdiction will fully implement the programs identified in this CAP by the dates provided in the Section 3.2 below.
d. CalRecycle will monitor the Jurisdiction’s continued implementation of the programs identified in the CAP from February 28, 2023 through April 30, 2024 (“the oversight period”) to assure implementation is complete and timely. The oversight period may be extended at the discretion of CalRecycle if any extensions to the Schedule are granted as described below in Sections 4.4 and 4.5.
e. During the oversight period, the Jurisdiction will submit status reports to CalRecycle and attend status meetings with CalRecycle to demonstrate the ongoing progress the Jurisdiction is making on remedying the violations described above.
f. During the oversight period, the Jurisdiction will provide bimonthly status reports to CalRecycle:
Report Cycle
Report 1: April 30, 2023, covering February 1, 2023 – March 31, 2023 Report 2: June 30, 2023, covering April 1, 2023 – May 31, 2023 Report 3: August 31, 2023, covering June 1, 2023 – July 31, 2023 Report 4: October 31, 2023, covering August 1, 2023 – September 30, 2023
Corrective Action Plan
Report 5: December 31, 2023, covering October 1, 2023 – November 30, 2023
Report 6: February 29, 2024, covering December 1, 2023 – January 31, 2024
Report 7: April 30, 2024, covering February 1, 2024 – March 1, 2024 g. The status reports are to be used to document the status and work completed for each of the identified tasks in the CAP. For each task in the CAP, the Jurisdiction will explain the status of the task, specifying what actions have been taken to complete the task.
h. If the work has been delayed or has not been completed, the Jurisdiction will explain the reason(s) for the delay/incompletion. The Jurisdiction will also attach any previously submitted extension requests made pursuant to section
4.4 of this CAP and any extensions granted pursuant to section 4.5 of this CAP, using additional sheets as necessary for the report. CalRecycle may consider the explanation in deciding whether to allow the Jurisdiction to continue to operate under the Notification and CAP or to revoke approval of the Notification and CAP pursuant to PRC section 42652.5(d). i. During the oversight period, the Jurisdiction will meet with CalRecycle telephonically or via other remote electronic means (such as Teams or Zoom) bimonthly to provide interim progress updates on the following schedule:
Meeting Cycle
Meeting 1: During March 2023
Meeting 2: During May 2023
Meeting 3: During July 2023
Meeting 4: During September 2023
Meeting 5: During November 2023
Meeting 6: During January 2024
Meeting 7: During March 2024
j. The status meetings are to be used to discuss the most recent status report and to discuss interim progress made by the Jurisdiction on each of the identified tasks in the CAP.
k. Prior to the close of the oversight period, CalRecycle may undertake a compliance review or field visit to supplement other status reporting. l. At any time prior to the conclusion of the oversight period, if CalRecycle determines the Jurisdiction has failed to implement the programs identified in the Notification and CAP, has failed to participate in status reporting during the oversight period, has substantially misrepresented its progress in status reporting, or has substantially failed to make interim progress on Tasks set out in Section 3.2 for four consecutive reporting periods, CalRecycle may immediately issue a notice revoking its approval of the Notification and CAP and indicating its intent to impose penalties as provided in PRC section 42652.5. Title 14 CCR sections 18997.3, 18997.5, and 18997.6 and PRC section 42652.5 governs the process and considerations CalRecycle will Corrective Action Plan
utilize in calculating and assessing administrative civil penalties against the Jurisdiction, which may be up to $10,000 per day per violation.
3.1 Based on the foregoing DETERMINATION OF VIOLATIONS, it is hereby ordered that the Jurisdiction will implement the actions described below in accordance with the compliance deadlines contained in the schedule of actions to remedy violations as set forth in Section 3.2 below.
3.2 Schedule and Program of Actions
Section 18984.1 Three-Container Organic Waste Collection Services The Jurisdiction will provide three-container organic waste collection service to all residential and commercial generators.
Task # Description Target Completion
Date
TASK
1 The Jurisdiction will adopt an enforcement ordinance or other enforceable mechanism requiring compliance with organic waste collection service.
6/6/2022
(Task completion to
be verified)
TASK
2 The Jurisdiction will find a facility to accept mixed organic waste. 10/1/2023
TASK
3 The Jurisdiction will provide three-container waste collection service to all residential and commercial customers that are not subject to an exemption or waiver from such service under 14 CCR sections 18984.11, 18984.12, or other provision of the Regulations, or are not an authorized self-hauler subject to the Jurisdiction’s ordinance requiring compliance with the
requirements of section 18988.3. In implementing this container system, the Jurisdiction will ensure materials are sorted into the containers properly by generators.
3/1/2024
Section 18984.5 Container Contamination Minimization
The Jurisdiction will monitor generator using a three-container or two-container organic waste collection service for contaminants.
Task # Description Target Completion
Date
Corrective Action Plan
TASK
4 The Jurisdiction will adopt an enforcement ordinance or other enforceable mechanism requiring compliance with container contamination minimization.
6/6/2022
(Task completion to
be verified)
TASK
5 The Jurisdiction will update its franchise agreement with their organic waste collection service provider to include monitoring all generators using a three-container organic waste collection service for contaminants.
7/1/2023
TASK
6 The Jurisdiction will perform container contamination minimization for all routes that are not subject to an exemption or waiver from such service under 14 CCR sections 18984.11 and 18984.12 (a) and (c), or are not an authorized self-hauler subject to the Jurisdiction’s ordinance requiring compliance with the requirements of section 18988.3.
9/1/2023
Section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
The Jurisdiction will keep records of the number of residential or commercial violations identified and number of notices issued.
Task # Description Target Completion
Date
TASK
7 The Jurisdiction will adopt an enforcement ordinance requiring a system for documenting route reviews and/or waste evaluations conducted and tracking the violations for recordkeeping and reporting.
6/6/2022
(Task completion to
be verified)
TASK
8 The Jurisdiction will update its franchise agreement with their organic waste collection service provider to include a system for documenting route reviews and/or waste evaluations conducted and tracking the violations for recordkeeping and reporting. 7/1/2023
TASK
9 The Jurisdiction will establish a system for documenting route reviews and/or waste evaluations conducted and tracking the violations for recordkeeping and reporting
7/1/2023
Corrective Action Plan
TASK
10 The Jurisdiction will begin documenting contamination minimization efforts and tracking number of violations. 9/1/2023 Section 18984.7 Container Color Requirements
The Jurisdiction will distribute new containers meeting the container color requirements.
NOTE: A jurisdiction is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
Task # Description Target Completion
Date
TASK
11 If purchasing new containers, the Jurisdiction will require and verify the hauler will provide containers, for collection services to generators that comply with the container color requirements specified in Article 3 of the Regulations.
8/1/2022
(Task completion to
be verified)
Section 18984.8 Container Labeling Requirements
The Jurisdiction will distribute new containers with proper container labeling.
Task # Description Target Completion
Date
TASK
12 The Jurisdiction will require and verify the hauler will label each new container or lid provided to generators.
• Labels will be consistent with the applicable container collection requirements specifying what materials are
allowed to be placed in each container.
8/1/2022
(Task completion to
be verified
Section 18984.11 Waivers Granted by a Jurisdiction
The Jurisdiction will verify each waived generator is eligible for a waiver.
Task # Description Target Completion
Date
TASK
13 The Jurisdiction will amend its franchise agreement with its organics waste collection service provider. 7/1/2023
Corrective Action Plan
TASK
14 The Jurisdiction will establish a procedure for verifying eligibility for waivers and granting waivers and ensure all waivers issued comply with the requirements.
9/1/2023
Section 18985.1. Organic Waste Recovery Education and Outreach The Jurisdiction will provide organic waste recovery education and outreach to residential/commercial generators.
Task # Description Target Completion
Date
TASK
15 The Jurisdiction will identify/contract with designee to implement education and outreach requirements.
Task 15a: Begin Request for Proposal Process.
Task 15b: Award designee.
Task 15a: 2/1/2023
(Task completion to
be verified)
Task 15b: 5/1/2023
TASK
16 The Jurisdiction will provide education and outreach to commercial edible food generators at least annually.
Task 16a: Develop education material (website, social media, newsletter & radio ads).
Task 16b: Distribute material.
Task 16a: 7/1/2023
Task 16b: 9/1/2023
TASK
17 The Jurisdiction will provide outreach and education to organic waste generators that are provided organic waste collection services or self-haul within the Jurisdiction, that are not subject to an exemption or waiver from such service under 14 CCR sections 18984.11 and 18984.12 (a) and (c). (Note: A
jurisdiction may still have a separate obligation under the Mandatory Commercial Recycling (MCR) and Mandatory
Organics Recycling (MORe) laws—Public Resources Code
(PRC) Sections 42649.3 (d) and 42649.82 (d)(1)(C)—that is separate and independent of SB 1383, the SB 1383
Regulations, and this plan.)
10/1/2023
Section 18985.2. Edible Food Recovery Education and Outreach The Jurisdiction will provide education and outreach to all residential and commercial generators.
Corrective Action Plan
Task # Description Target Completion
Date
TASK
18 The Jurisdiction will develop a list of food recovery and food recovery services operating within the jurisdiction and maintain the list on the jurisdiction’s website. The list will include the following information about each food recovery organization and each food recovery service:
• Name and physical address.
• Contact information.
• Collection service area.
• An indication of types of food the food recovery service or organization can accept for food recovery.
2/1/2023
(Task completion to
be verified)
TASK
19 The Jurisdiction will identify/contract with designee who will be implementing education and outreach requirements.
Task 19a: Begin Request for Proposal Process.
Task 19b: Award designee.
Task 19a: 4/1/2023
Task 19b: 7/1/2023
TASK
20 The Jurisdiction will provide education and outreach to commercial edible food generators at least annually.
Task 20a: Develop education material (flyers, electronic, events).
Task 20b: Distribute material.
Task 20a: 7/1/2023
Task 20b: 9/1/2023
Section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
The Jurisdiction will keep all relevant documents supporting compliance with Education and Outreach requirements.
Task # Description Target Completion
Date
TASK
21 The Jurisdiction will establish a system for documenting and compiling records related to education and outreach
requirements for recordkeeping and reporting.
5/1/2023
Corrective Action Plan
TASK
22 The Jurisdiction will begin tracking and compiling
documentation in the Implementation Record and will include at a minimum:
• Copies of the information provided to comply with Article 4 of the Regulations, including flyers, brochures,
newsletters, invoice messaging, and website and social
media postings.
• The date, and to whom the information was
disseminated, or direct contact made. If a jurisdiction provides mass distribution through mailings, or bill
inserts, it will provide the date, a copy of the information, and the type and number of accounts receiving the
information.
• If the requirements of Article 4 of the Regulations were met solely through electronic media, the record will
include a copy, with dates posted, of social media posts, e-mails or other electronic messages.
• If a jurisdiction relies on a designee to comply with this section, it will include a copy of the materials distributed by the designee.
10/31/2023
Section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers The Jurisdiction will adopt an ordinance or similarly enforceable mechanism requiring self-haulers to comply.
Task # Description Target Completion
Date
TASK
23 The Jurisdiction will adopt an enforcement ordinance or similarly enforceable mechanism requiring self-haulers to comply.
6/6/2022
(Task completion to
be verified)
TASK
24 The enforcement ordinance will be effective.
6/6/2022
(Task completion to
be verified)
TASK
25 The Jurisdiction will require and verify the haulers providing residential, commercial, or industrial organic waste collection services will meet the requirements as a condition of approval of a contract, agreement, or other authorization to collect organic waste.
6/6/2022
(Task completion to
be verified)
Section 18988.3. Self-haulers of Organic Waste
Corrective Action Plan
The Jurisdiction will begin implementing hauler and self-hauler requirements.
Task # Description Target Completion
Date
TASK
26 The Jurisdiction will require self-haulers providing organic waste collection services to meet the requirements. 10/1/2023 Section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
The Jurisdiction will establish recordkeeping for compliance with jurisdiction hauler program.
Task # Description Target Completion
Date
TASK
27 The Jurisdiction will establish a system for documenting and compiling records related to haulers and self-haulers for recordkeeping and reporting.
7/1/2023
TASK
28 The Jurisdiction will begin tracking and compiling
documentation in the Implementation Record and will include at a minimum:
• Ordinances, contracts, franchise agreements, policies, procedures, or programs relevant to this section.
• A description of the jurisdiction’s hauler program
including:
o Type(s) of hauler system(s) the jurisdiction uses.
o Type(s) and condition(s) of approvals per type of
hauler, and criteria for approvals, denials and
revocations.
o The process for issuing, revoking, and denying
written approvals. Any requirements associated
with self-hauling and back-hauling.
• A record of hauler compliance with local ordinance(s) and the requirements of Article 7 of the Regulations
including the following information:
o Copies of all reports required from haulers.
o Copies of all written approvals, denials, and
revocations.
All records will include the date of action, the name of the hauler, and the type of the action taken by the jurisdiction. 7/1/2023
Corrective Action Plan
Section 18989.1 CALGreen Building Codes
The Jurisdiction will adopt an ordinance or other enforceable mechanism requiring compliance with CALGreen Building Standards Code.
Task # Description Target Completion
Date
TASK
29 The Jurisdiction will adopt an enforcement ordinance or other enforceable mechanism requiring compliance with CALGreen Building Standards Code.
6/6/2022
(Task completion to
be verified)
TASK
30 The enforcement ordinance will be effective.
6/6/2022
(Task completion to
be verified)
Section 18989.2 Model Water Efficient Landscape Ordinance The Jurisdiction will adopt an ordinance or other enforceable mechanism requiring compliance with MWELO.
Task # Description Target Completion
Date
TASK
31 The Jurisdiction will adopt an enforcement ordinance or other enforceable mechanism requiring compliance with MWELO.
6/6/2022
(Task completion to
be verified)
TASK
32 The ordinance will be effective.
6/6/2022
(Task completion to
be verified)
Section 18991.1. Jurisdiction Edible Food Recovery Program The Jurisdiction will implement all aspects of its Edible Food Recovery Program.
Task # Description Target Completion
Date
TASK
33 The Jurisdiction will identify/contract with designee who will be conducting inspections for the jurisdiction’s edible food program.
Task 33a: Begin Request for Proposal Process. Task 33a: 4/1/2023 Corrective Action Plan
Task 33b: Award designee. Task 33b: 7/1/2023
TASK
34 The Jurisdiction will monitor commercial edible food generator compliance and enforce the commercial edible food generator requirements
9/1/2023
TASK
35 The Jurisdiction will increase commercial edible food generator access to food recovery organizations and food recovery services.
9/1/2023
Section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
The Jurisdiction will establish recordkeeping for compliance with jurisdiction edible food recovery program.
Task # Description Target Completion
Date
TASK
36 The Jurisdiction will identify/contract with designee who will be implementing recordkeeping requirements.
Task 36a: Begin Request for Proposal Process.
Task 36b: Award designee.
Task 36a: 4/1/2023
Task 36b: 7/1/2023
TASK
37 The Jurisdiction will establish a system for documenting and compiling records related to the edible food recovery program for recordkeeping and reporting.
9/1/2023
TASK
38 The Jurisdiction will begin tracking and compiling
documentation and include the following at a minimum:
• A list of commercial edible food generators in the
jurisdiction that have a contract or written agreement with food recovery organizations or services pursuant to
section 18991.3.
• A list of food recovery organizations and food recovery services in the jurisdiction and their edible food recovery capacity.
• Documentation of the actions taken to increase edible food recovery capacity.
10/31/2023
Section 18992.1. Organic Waste Recycling Capacity Planning The Jurisdiction will conduct Organic Waste Recycling Capacity Planning.
Corrective Action Plan
Task # Description Target Completion
Date
TASK
39 The Jurisdiction will conduct the following and provide the information necessary to comply with the Requirements to CalRecycle and the County:
a. Estimate the amount of all organic waste in tons that will be disposed by the county and jurisdictions within the
county.
b. Identify the amount in tons of existing, new, or expanded organic waste recycling infrastructure capacity, located both in the county and outside of the county that is
verifiably available to the county and jurisdictions located within the county.
c. Estimate the amount of new or expanded organic waste recycling facility capacity that will be needed to process the organic waste identified pursuant to subdivision (a)(1) in addition to the existing capacity identified in
Subdivision (a)(3).
8/1/2022
(Task completion to
be verified)
Section 18992.2. Edible Food Recovery Capacity
The Jurisdiction will conduct Edible Food Recovery Capacity Planning.
Task # Description Target Completion
Date
TASK
40 The Jurisdiction will provide the information necessary to comply with the requirements of Article 11:
a. Estimate the amount of edible food that will be disposed by commercial edible food generators that are located
within the county and jurisdictions within the county.
b. Identify existing capacity at food recovery organizations that is available to commercial edible food generators
located within the county and jurisdictions within the
county.
c. Identify proposed new or expanded food recovery
organizations and food recovery services that will be
used to recover edible food identified.
d. Identify the amount of new or expanded capacity, if any, at food recovery organizations and food recovery
services that is necessary to recover the edible food that is estimated to be disposed by commercial edible food
generators.
8/1/2022
(Task completion to
be verified)
Corrective Action Plan
Section 18993.1. Recovered Organic Waste Product Procurement Target The Jurisdiction will procure organic waste products to meet its procurement target.
Task # Description Target Completion
Date
TASK
41 The Jurisdiction shall identify additional procurement opportunities within its departments and divisions for expanding the use of recovered organic waste products.
Task 41a: Work with Parks Department to determine additional opportunities for compost and mulch use.
Task 41b: Work with private haulers to secure opportunities to purchase mulch and compost.
Task 41c: Investigate additional opportunities for direct service provider agreements.
Task 41d: Identify sources of SB 1383 compliant RNG and purchase when available.
Task 41a:
10/30/2023
Task 41b: 12/1/2023
Task 41c: 12/1/2023
Task 41d: 12/1/2023
TASK
42 The Jurisdiction will meet regulatory procurement targets established by CalRecycle pursuant to 14 CCR section
18993.1; enforcement of this provision by CalRecycle will be consistent with the legislative directives in PRC section 42652.5 (a)(5)(B) and 42652.6, as amended in AB 1985 (R. Rivas, Chapter 344, Statutes of 2022).
1/1/2024
Section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
The Jurisdiction will establish recordkeeping related to recovered organic waste procurement.
Task # Description Target Completion
Date
TASK
43 The Jurisdiction will include all documents supporting compliance with Article 12 of the Regulations in their
implementation record.
10/31/2023
Section 18993.3. Recycled Content Paper Procurement Requirements Corrective Action Plan
The Jurisdiction will procure paper products, and printing and writing paper, consistent with the Requirements.
Task # Description Target Completion
Date
TASK
44 The Jurisdiction will update its recycled content paper procurement policy. 8/1/2023
TASK
45 The Jurisdiction will research and identify vendors with paper products meeting the requirements of sections 22150-22154 of the Public Contract Code and ensure paper products and
printing and writing paper is eligible to be labeled with an unqualified recyclable label as defined in Code of Federal Regulations (CFR) Section 260.12.
8/1/2023
TASK
46 The Jurisdiction will procure paper products, and printing and writing paper meeting the Requirements. 8/1/2023
Section 18993.4. Recordkeeping Requirements for Recycled Content Paper The Jurisdiction will establish recordkeeping related to recycled content paper procurement.
Task # Description Target Completion
Date
TASK
47 The Jurisdiction will establish a system for tracking purchases for recordkeeping and reporting. 7/1/2023
TASK
48 The Jurisdiction will begin tracking and compiling
documentation, including but not limited to the following:
1. Copies of invoices, receipts or other proof of purchase that describe the procurement of paper products by
volume and type for all paper purchases.
2. Copies of all certifications or other verification required. 7/1/2023
COMPLIANCE REVIEW, ENFORCEMENT, AND RELEASE
4. Communications. All approvals and decisions of CalRecycle regarding notifications will be communicated to the Jurisdiction in writing by the Branch Chief, Jurisdiction and Agency Compliance and Enforcement Branch, Waste Permitting, Compliance Corrective Action Plan
and Mitigation Division, or the Branch Chief’s designee. No formal advice, guidance, suggestions, or comments by CalRecycle regarding reports, plans, specifications, schedules, or any other writings by Jurisdiction shall be construed to relieve the Jurisdiction of the obligation to obtain such formal approvals as may be required.
4.1 Submittal. All reporting from the Jurisdiction described in section 3 (Schedule for Compliance), paragraph 3.f, shall be submitted through an online portal or compliance module developed by CalRecycle with instructions provided to Jurisdiction. All other communications from the Jurisdiction according to this CAP shall be sent in writing electronically to:
Eugene Clarke
[email protected]
4.2 Compliance Review. At the end of the oversight period or at any time deemed appropriate by CalRecycle, CalRecycle will meet with the Jurisdiction to assess the Jurisdiction’s CAP implementation efforts and to determine whether or not the Jurisdiction has timely complied with all commitments in all sections of this CAP. If requested by the Jurisdiction, CalRecycle has discretion to issue notice of a hearing at any time upon its staff’s recommendation that the Jurisdiction has completed the conditions of the CAP. In accordance with PRC section 42652.5, failure to implement programs and or comply with all sections of the CAP at any time may result in CalRecycle’s revocation of its approval of the Notification and CAP and imposition of administrative civil penalties retroactively to the date of violation in 2022, for administrative civil penalties accruing in 2023, and for administrative civil penalties accruing during any other additional time covered by the Notification and CAP. These potentially applicable penalties are described in Section 5.0 of this CAP.
4.3 CalRecycle Review and Approval: If CalRecycle determines that any report, plan, schedule, or other document submitted for approval pursuant to this CAP fails to comply with the Notification as amended by this CAP or fails to achieve successful implementation of the Regulations, CalRecycle may:
a. Amend the CAP as appropriate to remedy the violations of the Regulations expeditiously, and/or
b. Serve a notice that CalRecycle will revoke approval of the Notification and consider the imposition of penalties in accordance with Title 14 CCR sections 18997.3, 18997.5, and 18997.6.
4.4 Extension Request and Other Task Modification Requests: If the Jurisdiction determines that it will be unable to perform any activity or submit any document within the time required under this CAP, the Jurisdiction may, as far in advance of the due date as possible, request an extension of time in writing. The extension request shall include a justification for the delay. If the Jurisdiction finds that a task Corrective Action Plan
required by this CAP in Section 3.1 is not feasible, despite the Jurisdiction’s best and substantial efforts, the Jurisdiction may propose an alternative task that is substantially similar or equally effective to the original task, subject to the approval of CalRecycle. The modification request shall include an explanation of the infeasibility, an explanation of how the alternative task is substantially similar or equally effective, and a justification for any extension of time associated with the change.
4.5 Extension and Other Task Modification Approvals: If CalRecycle determines that good cause exists for an extension, considering the factors set out in Title 14 CCR section 18996.2(a)(2), it will grant an extension as appropriate and specify in writing a new compliance schedule. If CalRecycle determines that good cause exists for the change in task because the original task is infeasible and the alternative task is substantially similar or equally effective, it will grant an approval and extension as appropriate and specify in writing the new task; additionally, if CalRecycle determines that good cause exists for any extension associated with the change in task, considering the factors set out in Title 14 CCR section 18996.2(a)(2), it will grant an extension as appropriate and specify in writing a new compliance schedule.
4.6 Compliance with Applicable Laws: The Jurisdiction shall carry out this CAP in compliance with all Local, State, and Federal requirements, including but not limited to requirements to obtain necessary permits.
4.7 Liability: Nothing in this CAP shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of the Jurisdiction, including for violations of the Regulations that were not disclosed in the Notification and any violations of the Regulations that the Jurisdiction fails to remedy notwithstanding commitments in the Notification and this CAP.
4.8 Government Liabilities: The State of California and CalRecycle shall not be liable for injuries or damages to persons or property resulting from acts or omissions in carrying out activities pursuant to this CAP, nor shall the State of California be held as a party to any contract entered into by the Jurisdiction or its agents in carrying out activities pursuant to the CAP. The Jurisdiction shall indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting in connection with the performance of this CAP.
4.9 Parties Bound: This CAP shall apply to and be binding upon the Jurisdiction and upon CalRecycle and any successor agency (regional agency, etc.) that may have responsibility for, and the authority over, the subject matter of this CAP.
Corrective Action Plan
PENALTY
5. Penalties, if any, shall be assessed and calculated in accordance with the provisions of PRC 42652.5 and Title 14 CCR sections 18997.3, 18997.5, and 18997.6. Penalties shall be calculated based on the factors set out in section 18997.3 and may be as much as $10,000 per day per violation for the duration of the violation(s).
5.1 Penalty Procedures. Penalty, if any, shall be imposed in accordance with the procedures and methodology set out in PRC section 42652.5 and Title 14 CCR sections 18997.3, 18997.5, and 18997.6. Regulatory violations that are considered “minor,” meaning they involve violations constituting minimal deviation from regulations, shall be subject to penalties of no less than five hundred dollars ($500) per violation and no more than four thousand dollars ($4,000) per violation per day; “moderate” violations are subject to no less than four thousand dollars ($4,000) per violation and shall be no more than seven thousand five hundred dollars ($7,500) per violation per day; and “major” violations, are subject to penalties no less than seven thousand five hundred dollars ($7,500) per violation per day and no more than ten thousand dollars ($10,000) per violation per day. The following types of deviations are deemed to be “major” under the regulations for the purposes of assessing penalties:
a. Failure to have any ordinance or similarly enforceable mechanism for organic waste disposal reduction and edible food recovery.
b. Failure to have a provision in a contract, agreement, or other authorization that requires a hauler to comply with the requirements the Regulations. c. Failure to have an edible food recovery program.
d. Failure to have any Implementation Record.
e. Implementation or enforcement of an ordinance, policy, procedure, condition, or initiative that is prohibited under Title 14 CCR sections 18990.1 or 18990.2. f. Failure to submit the reports required in Title 14 CCR sections 18994.1 and 18994.2.
EFFECTIVE DATE
6. Issuance. This Corrective Action Plan is final and effective from the date of issuance.
6.1 Date of Issuance February 28, 2023
Mark de Bie, Deputy Director
Waste Permitting, Compliance and Mitigation Division
Department of Resources Recycling and Recovery