Agenda Report
Fullerton City Council
MEETING DATE: FEBRUARY 15, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: JEFFREY W. COLLIER, ACTING CITY MANAGER
PREPARED BY: ANISSA LIVAS, ACTING SENIOR ADMINISTRATIVE ANALYST SUBJECT: NOTICE OF INTENT TO COMPLY (SENATE BILL 619) SUBMITTAL TO CALRECYCLE
SUMMARY
Under Senate Bill (SB) 1383 regulations, if a local jurisdiction fails to adopt enforceable mechanisms to implement the SB 1383 regulations by January 1, 2022, the California Department of Resources Recycling and Recovery (CalRecycle) can impose administrative civil penalties against the jurisdiction. Penalties vary based on the severity of the violation.
SB 619, signed by Governor Newsom, provides jurisdictions an avenue for relief from civil penalties so long as the jurisdiction provides a list of action items and timeline to come into compliance to CalRecycle by March 1, 2022.
RECOMMENDATION
Adopt Resolution No. 2022-XXX.
RESOLUTION NO. 2022-XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADOPTING THE NOTIFICATION OF INTENT TO COMPLY RELATED TO SENATE BILL 619
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Fiscal and Organizational Stability.
FISCAL IMPACT
There is no fiscal impact with submittal of the Notice of Intent to Comply to CalRecycle.
DISCUSSION
SB 1383 went into effect on January 1, 2022. Existing law authorized CalRecycle, after determining that a jurisdiction has failed to meet the requirements set forth in its source reduction and recycling element and after holding a public hearing for the purpose of hearing testimony on the jurisdiction's deficiencies, to impose administrative civil penalties of not more than $10,000 per day. However, as local governments geared up for the implementation of organic waste regulations, they had to divert attention and resources to responding to the COVID-19 pandemic.
With looming regulatory enforcement and penalties, Senator Laird introduced Senate Bill 619 to provide jurisdictions an additional year of implementation time, without the threat of civil penalty fines.
SB 619 authorizes a local jurisdiction facing continuous violations of SB 1383's regulations to submit a Notice of Intent to Comply (NOIC) to CalRecycle. If approved by CalRecycle, the jurisdiction may receive administrative civil penalty fine relief for the 2022 calendar year and CalRecycle's issuance of a Corrective Action Plan (CAP) to facilitate organic recycling program implementation.
Jurisdictions facing continuing violations of SB 1383 regulations during the 2022 calendar year must do the following to receive civil penalty fine relief:
Submit a NOIC to CalRecycle no later than March 1, 2022. The jurisdiction must format the NOIC within a written document and adopt by resolution of the governing body of the local jurisdiction. The NOIC shall include, at a minimum, the following:
Description of the continuing violations.
Explanation of the reasons, supported by documentation, why the local jurisdiction cannot comply.
Description of the impacts of the COVID-19 pandemic on compliance.
Description of the proposed actions the local jurisdiction will take to remedy the violations with the proposed schedule of doing so.
Following submittal of a NOIC, CalRecycle will respond in writing within 45 business days with an approval, disapproval, request for additional information or timeline for a decision on approval or disapproval. If CalRecycle disapproves of the NOIC, it will include a justification for doing so.
If CalRecycle approves the NOIC, it will issue a CAP. Under current law, CalRecycle issues a CAP with a maximum compliance deadline of no more than 24 months from the date of the original Notice of Violation and will include a description of each action the jurisdiction shall take to remedy the violation(s) and the applicable compliance deadline(s) for each action. If deemed necessary, due to findings of inadequate infrastructure capacity, CalRecycle may extend the maximum compliance deadline up to an additional 12 months.
CalRecycle will issue Civil penalty relief to jurisdictions during the 2022 calendar year if the local jurisdiction implements the proposed actions according to the schedule proposed by CalRecycle. For violations 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. However, CalRecycle will waive the accrual of such penalties upon complete compliance with the terms of a CAP.
City staff has enlisted the assistance of its contractor and waste management industry expert, HF&H, to prepare the NOIC submittal package. Staff has attached a copy of the NOIC to this report.
After consultation with the City Attorney's office, and a survey of the cities of Yorba Linda, Placentia, Fullerton and Garden Grove, staff has determined it in the best interest of the City to submit the NOIC for a number of reasons:
First, and foremost, the NOIC safe harbor process provides protection for the City from financial penalties for 2022 and provides a longer and more reasonable time horizon for the City to work with its hauler to implement an organics recycling program.
It prevents CalRecycle from targeting the City for delayed compliance.
It prevents the State from dictating the terms of the City's compliance, thereby allowing the City to formulate its own strategy of how it will comply with SB 1383 requirements.
It provides a pathway to one-time funding offered by CalRecycle to help address a portion of such requirements.
Attachments:
Attachment 1: Resolution No. 2022-XXX
Notice of Intent to Comply (Senate Bill 619) Submittal to CalRecycle February 15, 2022 - Page PAGE \* MERGEFORMAT 3