DATE:
February 1, 2022
TO:
Mayor and Council Members
FROM:
Nils Bentsen, City Manager
BY:
Rachel Molina, Assistant City Manager
Jamie Carone, Management Analyst
SUBJECT:
Authorize Submittal of a Notice of Intent to Comply to CalRecycle
RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2022-007 authorizing submittal of a Notification of Intent to Comply to the Department of Resources Recycling and Recovery (CalRecycle) to secure administrative civil penalty relief from possible violations of Senate Bill 1383 (SB 1383).
BACKGROUND
CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of SB 1383 that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
The regulations created to reduce organic waste consist of various components including providing an organic recycling service to all residential and commercial properties, establishing an edible food recovery program, meeting procurement requirements, tracking third-party organic waste haulers, creating education and outreach material, requiring compliance with certain provisions of the State’s Water Model Efficiency Landscape Ordinance, and conducting inspection and enforcement activities.
Beginning January 1, 2022, jurisdictions that were not in full compliance risked facing enforcement measures including financial penalties of up to $10,000 per day. However, in October of 2021, the governor signed Senate Bill 619 (SB 619) which creates a mechanism to delay penalties for local agencies. This mechanism is 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.
ISSUES/ANALYSIS
The City of Hesperia intends to submit a Notice of Intent to Comply to allow additional time to finalize amendments to the City’s Franchise Agreement with the City’s hauler, Advance Disposal. These amendments are required to ensure haulers comply with SB 1383 Regulations. Filing the Notice of Intent to Comply will also allow for additional time for the City to comply with the procurement requirements of SB 1383 whereby the City must procure approximately 7,800 tons of recovered organic waste products such as compost, mulch, or renewable natural gas.
To submit a Notification of Intent to Comply, a local jurisdiction’s governing body must adopt a resolution adopting the Notification of Intent to Comply in writing. Jurisdictions shall submit the adopted resolution along with the Notification to CalRecycle for review. CalRecycle must, within 45 business days of receiving a Notification, approve it, disapprove it, request additional information, or commit to a particular timeline for a final decision on approval or disapproval.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
Provide alternative direction to staff
ATTACHMENT(S)
Resolution No. 2022-007
Exhibit A: Notification of Intent to Comply
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members
Authorize Submittal of Notice of Intent to Comply
February 1, 2022