RESOLUTION NO. 2022-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AUTHORIZING SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY TO THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) TO SECURE ADMINISTRATIVE CIVIL PENALTY RELIEF FROM POSSIBLE VIOLATIONS OF SENATE BILL 1383.
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 Hesperia is a local jurisdiction required to comply with the Regulations; and WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resourcs 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 compliance path, including suspended administrative civil penalties, through a corrective action plan; and WHEREAS, the City of Hesperia is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and 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 BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. The City Council of the City of Hesperia by and through its City Manager, or his or her designee, hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.” Section 2. The City Council of the City of Hesperia hereby authorizes and directs the City Manager, or his or her designee, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute.
Section 3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Hesperia 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.
Section 4. The City of Hesperia by and through its City Manager, or his or her designee, 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.
Section 5. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 1st day of February 2022.
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Brigit Bennington, Mayor
ATTEST:
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Melinda Sayre, City Clerk
Resolution City Council No. 2022-007
Authorize Submittal of Notification of Intent to Comply