Department of Resources SLCP Regulations
Recycling and Recovery Page 57 of 127 November 2020
1 (D) Organic wastes placed in the blue container shall be considered prohibited 2 container contaminants when those wastes were specifically identified in this 3 chapter or through a local ordinance for collection in the green container for 4 recovery. Paper products, printing and writing paper, wood and dry lumber may be 5 considered acceptable and not considered prohibited container contaminants if 6 they are placed in the blue container.
7 (56) “Processing” has the same meaning as in Section 17402(a)(20). 8 (56.5) “Project baseline” means, in the context of “greenhouse gas emission 9 reduction” or “greenhouse gas reduction,” and in the context of an application 10 submitted pursuant to Section 18983.2, a conservative estimate of the business-as11 usual greenhouse gas emissions that would have occurred if the organic waste 12 proposed for recovery was disposed in an activity that constitutes landfill disposal. 13 This estimate may include greenhouse gas emissions associated with the production 14 and use of products replaced by a Section 18983.2 technology or process. 15 (57) “Property owner” means the owner of real property. 16 (58) “Publicly owned treatment works” or “POTW” has the same meaning as in 17 Section 403.3(r) of Title 40 of the Code of Federal Regulations. 18 (59) “Recovered organic waste product procurement target” means the amount of 19 organic waste in the form of a recovered organic waste product which a jurisdiction is 20 required to procure annually.
21 (60) “Recovered organic waste products” means products made from California, 22 landfill-diverted recovered organic waste processed at a permitted or otherwise 23 authorized operation or facility.
24 (60.5) “Recovery location” includes the closest aggregating hub used to recover the 25 organic waste after collection. This could include but is not limited to a transfer 26 facility, recycling facility, or recovery facility.
27 (61) “Recycled content paper” means paper products and printing and writing paper 28 that consists of at least 30 percent, by fiber weight, postconsumer fiber. 29 (62) “Renewable gas” means gas derived from organic waste that has been diverted 30 from a landfill and processed at an in-vessel digestion facility that is permitted or 31 otherwise authorized by Title 14 to recover organic waste. 32 (63) “Residual organic waste” means waste that remains after organic waste has 33 been processed which is then sent to landfill disposal. 34 (64) “Restaurant” means an establishment primarily engaged in the retail sale of food 35 and drinks for on-premises or immediate consumption. 36 (65) “Route review” means a visual inspection of containers along a hauler route for 37 the purpose of determining container contamination and may include mechanical 38 inspection methods such as the use of cameras.
39 (66) “Self-hauler” means a person who hauls solid waste, organic waste or recovered 40 material he or she has generated to another person. Self-hauler also includes a 41 person who back-hauls waste.
42 (A) “Back-haul” means generating and transporting organic waste to a destination 43 owned and operated by the generator using the generator’s own employees and 44 equipment.
45 (67) “Sewage sludge” means the solid, semisolid, or liquid residue generated during 46 the treatment of domestic sewage in a municipal wastewater treatment facility.
Department of Resources SLCP Regulations
Recycling and Recovery Page 58 of 127 November 2020
1 Sewage sludge includes solids removed or used during primary, secondary, or 2 advanced wastewater treatment processes. Sewage sludge does not include grit or 3 screening material generated during preliminary treatment of domestic sewage at a 4 POTW.
5 (68) “Share table” has the same meaning as in Section 114079 of the Health and 6 Safety Code.
7 (68.5) “Source sector” has the same meaning as in Section 18815.2(a)(58). 8 (69) “Source separated organic waste” means organic waste that is placed in a 9 container that is specifically intended for the separate collection of organic waste by 10 the generator.
11 (70) “Source separated organic waste collection stream” has the same meaning as 12 defined in Section 17402(a)(26.6).
13 (70.5) “Special district” has the same meaning as Section 41821.2 of the Public 14 Resources Code.
15 (71) “Supermarket” means a full-line, self-service retail store with gross annual sales 16 of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, 17 canned goods, or nonfood items and some perishable items. 18 (72) “The 2014 organic waste disposal baseline” means the total tons of organic 19 waste disposed statewide in 2014 as calculated by the Department. 20 (73) “Tier one commercial edible food generator” means a commercial edible food 21 generator that is one of the following:
22 (A) Supermarket.
23 (B) Grocery store with a total facility size equal to or greater than 10,000 square 24 feet.
25 (C) Food service provider.
26 (D) Food distributor.
27 (E) Wholesale food vendor.
28 (74) “Tier two commercial edible food generator” means a commercial edible food 29 generator that is one of the following:
30 (A) Restaurant with 250 or more seats, or a total facility size equal to or greater 31 than 5,000 square feet.
32 (B) Hotel with an on-site food facility and 200 or more rooms. 33 (C) Health facility with an on-site food facility and 100 or more beds. 34 (D) Large venue.
35 (E) Large event.
36 (F) A state agency with a cafeteria with 250 or more seats or a total cafeteria 37 facility size equal to or greater than 5,000 square feet. 38 (G) A local education agency with an on-site food facility. 39 (75) “Uncontainerized green waste and yard waste collection service” or 40 “uncontainerized service” means a collection service that collects green waste and 41 yard waste that is placed in a pile or bagged for collection on the street in front of a 42 generator’s house or place of business for collection and transport to a facility that 43 recovers source separated organic waste.
44 (76) “Wholesale food vendor” means a business or establishment engaged in the 45 merchant wholesale distribution of food, where food (including fruits and vegetables)
Department of Resources SLCP Regulations
Recycling and Recovery Page 59 of 127 November 2020
1 is received, shipped, stored, prepared for distribution to a retailer, warehouse, 2 distributor, or other destination.
3 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 4 Reference: Public Resources Code Sections 42652.5, 42654; and Health and Safety 5 Code Sections 39730.6and 39730.8.
6 Article 2. Landfill Disposal and Reductions in Landfill Disposal 7 Section 18983.1 Landfill Disposal and Recovery.
8 (a) The following dispositions of organic waste shall be deemed to constitute landfill 9 disposal:
10 (1) Final deposition at a landfill.
11 (2) Use as Alternative Daily Cover or Alternative Intermediate Cover at a landfill. 12 (A) The use of non-organic material as landfill cover shall not constitute landfill 13 disposal of organic waste.
14 (3) Any other disposition not listed in Subdivision (b) of this section. 15 (b) Organic waste sent to one of the following facilities, operations, or used for one of 16 the following activities, and not subsequently sent for landfill disposal, shall be deemed 17 to constitute a reduction of landfill disposal.
18 (1) An operation that qualifies as a “Recycling Center” as set forth in Section 19 17402.5(d) or is listed in Section 17402.5(c) of this division. 20 (2) A “Compostable Material Handling Operation or Facility” as defined in Section 21 17852(a)(12) of this division, small composting activities that would otherwise be 22 excluded from that definition pursuant to Section 17855(a)(4) of this division, or 23 community composting as defined in Section 18982(a)(8). 24 (3) An “In-vessel Digestion Operation or Facility” as listed in Section 17896.5 of this 25 division, or activities that would otherwise not be subject to the in-vessel digestion 26 requirements pursuant to Section 17896.6 of this division. 27 (4) A Biomass Conversion operation or facility as defined in Section 40106 of the 28 Public Resources Code.
29 (5) Used as a soil amendment for erosion control, revegetation, slope stabilization, or 30 landscaping at a landfill, when the material is used in a manner that complies with the 31 following criteria:
32 (A) The material has been processed at a solid waste facility, as defined in Section 33 40194 of the Public Resources Code; and
34 (B) The use shall be:
35 1. Restricted to those organic wastes appropriate for the specific use and in 36 accordance with engineering, industry guidelines or other standard practices 37 specified in the Report of Disposal Site Information, as required by 27 CCR, 38 Section 21600(b)(6).
39 2. Restricted to quantities of solid wastes no more than necessary to meet the 40 minimum requirements of Subdivision (b)(5)(B)1.
41 3. Stored and handled in a manner to protect public health and safety and the 42 environment, and control vectors, fires, odors, and nuisances. 43 (C) The material applied is never more than 12 inches in depth.
Department of Resources SLCP Regulations
Recycling and Recovery Page 60 of 127 November 2020
1 (6) Land application, of compostable material consistent with Section 17852(a)(24.5) 2 of this division, is subject to the following conditions on particular types of 3 compostable material used for land application:
4 (A) Green waste or green material used for land application shall meet the 5 definition of Section 17852(a)(21) and shall have been processed at a solid waste 6 facility, as defined by Section 40194 of the Public Resources Code. 7 (B) Biosolids used for land application shall:
8 1. Have undergone anaerobic digestion or composting, as defined in Part 503, 9 Title 40 of the Code of Federal Regulations, Appendix B, sections (A)(1) and 10 (A)(4), as amended August 4, 1999, which is hereby incorporated by reference; 11 and
12 2. Meet the requirements in Section 17852(a)(24.5)(B)6 of this division for 13 beneficial reuse of biosolids.
14 (C) Digestate used for land application shall:
15 1. Have been anaerobically digested at an in-vessel digestion operation or 16 facility, as described in Sections 17896.8 through 17896.13; and 17 2. Meet the land application requirements described in Section 17852(a)(24.5) 18 A.
19 3. Have obtained applicable approvals from the State and/or Regional Water 20 Quality Control Board requirements.
21 (7) Lawful use as animal feed, as set forth in Chapter 6 of Food and Agricultural 22 Code (FAC), commencing with Section 14901 et. seq and Title 3, Division 4, Chapter 23 2, Subchapter 2 commencing with Article 1, Section 2675 of the Code of California 24 Regulations.
25 (8) Other operations or facilities with processes that reduce short-lived climate 26 pollutants as determined in accordance with Section 18983.2. 27 (c) For the purposes of this section, the term “landfill” includes permitted landfills, 28 landfills that require a permit, export out of California for disposal, or any other disposal 29 of waste as defined by Section 40192(c) of the Public Resources Code. 30 (d) For the purposes of this section, edible food that would otherwise be disposed that is 31 recovered for human consumption shall constitute a reduction of landfill disposal. 32 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 33 Reference: Public Resources Code Sections 40106, 40116, 40116.1, 40192 and 34 42652.5; and Health and Safety Code Sections 39730.6 and 39730.8. 35 Section 18983.2 Determination of Technologies That Constitute a Reduction in 36 Landfill Disposal.
37 (a) For operations, facilities or activities not expressly identified in Section 18983.1, as 38 reducing landfill disposal, the following process shall be used to determine if processes 39 or technologies shall be deemed to constitute a reduction of landfill disposal:
40 (1) The applicant shall submit the following information to the Department:
41 (A) Name and contact information for the person responsible for the information in 42 the report.
43 (B) Detailed explanation of each of the processes or technologies proposed by the 44 applicant for use to reduce landfill disposal.
Department of Resources SLCP Regulations
Recycling and Recovery Page 61 of 127 November 2020
1 (C) For each process or technology noted in Section 18983.2(a)(1)(B), the mass in 2 short tons of organic waste, differentiated by type (i.e., food, leaves and grass, 3 woody material (not including lumber or agricultural crop residues), lumber, 4 agricultural crop residues, manure, sewage sludge (not including digestate), 5 digestate, organic textiles and carpet, paper products, and remainder/composite 6 organic), that will be processed each year.
7 (D) For any material produced from the proposed process or technology, a 8 description of each end use or landfill disposal location to which the material will 9 be sent. For each end use or landfill disposal location, the applicant must submit 10 the expected mass in short tons and characteristics of the material. 11 (E) For each of the processes or technologies described pursuant to Section 12 18983.2(a)(1)(B), each calculation, assumption, and emission factor used by the 13 applicant to calculate the greenhouse gas emissions as well as the expected 14 permanent greenhouse gas emissions reduction of the proposed operation, 15 including the estimated greenhouse gas emissions and permanent greenhouse 16 gas emissions reductions of any end uses or landfill disposal of material described 17 in Section 18983.2(a)(1)(D). All calculations must be clearly laid out such that the 18 Department is able to follow and understand the calculation of greenhouse gas 19 emissions reduction potential.
20 (F) For each greenhouse gas emission factor or greenhouse gas emission 21 reduction factor used pursuant to Section 18983.2(a)(1)(E), documentation 22 demonstrating that the emission factor or emission reduction factor has been peer 23 reviewed or subjected to other scientifically rigorous review methods. 24 (G) A detailed explanation of how the proposed technology or process will result in 25 a permanent reduction in greenhouse gas emissions.
26 (H) A written attestation that the information supplied is true, accurate, and 27 complete.
28 (I) The director of the Department may request additional information from the 29 applicant if required to validate the information submitted pursuant to this section. 30 (2) The Department shall consult with the Executive Office of the California Air 31 Resources Board (CARB) to evaluate if the information submitted by the applicant is 32 sufficient to estimate the greenhouse gas emissions and permanent lifecycle GHG 33 emissions reduction of the proposed recovery process or operation. Within 30 days of 34 receiving the application, the Department shall inform the applicant if they have not 35 submitted sufficient information to estimate the greenhouse gas emissions and 36 permanent lifecycle greenhouse gas emissions reductions associated with the 37 proposed recovery process or operation. For further consideration of any application 38 submitted without sufficient information, the applicant is required to submit the 39 requested information. The Department shall provide a response to the applicant 40 within 180 days of receiving all necessary information as to whether or not the 41 proposed recovery process or operation results in a permanent reduction in 42 greenhouse gas emissions, and therefore counts as a reduction in landfill disposal. 43 (3) To determine if the proposed operation counts as a permanent reduction in landfill 44 disposal, the Department, in consultation with CARB’s Executive Office, shall 45 compare the permanent lifecycle GHG emissions reduction of metric tons of carbon 46 dioxide equivalent (MTCO2e) per short ton organic waste reduced by the process or
Department of Resources SLCP Regulations
Recycling and Recovery Page 62 of 127 November 2020
1 technology, with the emissions reduction from composting organic waste (0.30 2 MTCO2e/short ton organic waste). The Department shall only deem a proposed 3 operation to constitute a reduction in landfill disposal if the process or technology 4 results in a permanent reduction in lifecycle greenhouse gas emissions equal to or 5 greater than the 0.30 MTCO2e/short ton of organic waste. 6 (b) If the Department determines that a proposed process or technology results in a 7 reduction in landfill disposal, the Department shall post to its website the results of the 8 determination and include a description of the operation. 9 (c) Upon request of the applicant, as part of determination of activities that constitute a 10 reduction in landfill disposal, the Department may consider additional information 11 provided by the applicant that demonstrates that the proposed activity is identical or 12 equivalent to a proposed activity the Department has determined pursuant to Section 13 18983.2(a) results in a reduction in landfill disposal. 14 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 15 Reference: Public Resources Code Sections 40192 and 42652.5; and Health and 16 Safety Code Section 39730.6.
17 Article 3. Organic Waste Collection Services
18 Section 18984. Combined Organic Waste Collection Services. 19 A jurisdiction may provide any combination of organic waste collection services 20 specified in Sections 18984.1, 18984.2, and 18984.3 to generators subject to its 21 authority.
22 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 24 Section 39730.6.
25 Section 18984.1. Three-container Organic Waste Collection Services. 26 (a) A jurisdiction may comply with the requirements of this article by implementing a 27 three-container organic waste collection service and providing a green container, a blue 28 container, and a gray container to each generator in the following manner:
29 (1) The green container shall be provided for the collection of organic waste. The 30 green container shall be intended for the collection of organic waste only and not 31 non-organic waste. The contents of the green container shall be transported to a 32 facility that recovers source separated organic waste. 33 (A) Compostable plastics may be placed in the green container if the material 34 meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 35 published May, 2019, which is hereby incorporated by reference, and the contents 36 of the green containers are transported to compostable material handling 37 operations or facilities or in-vessel digestion operations or facilities that have 38 provided written notification annually to the jurisdiction stating that the facility can 39 process and recover that material.
40 (2) The blue container shall be provided for the collection of non-organic recyclables 41 only but may include the following types of organic wastes: paper products, printing
Department of Resources SLCP Regulations
Recycling and Recovery Page 63 of 127 November 2020
1 and writing paper, wood and dry lumber and textiles. The contents of the blue 2 container shall be transported to a facility that recovers the materials designated for 3 collection in the blue container.
4 (3) The gray container shall be for the collection of non-organic waste only. 5 (4) A jurisdiction may comply with this section by providing a container or containers 6 that are split or divided into segregated sections, instead of an entire container, as 7 long as the lids of the separate sections of a split container comply with the container 8 color requirements and material limitations specified in this section. 9 (5) Materials specified in this paragraph shall be subject to the following restrictions:
10 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 11 collected in the green container.
12 (B) Hazardous wood waste shall not be collected in the blue container or gray 13 container.
14 (6) A jurisdiction may require additional segregation of source separated organic 15 waste by providing additional containers or additional sections of split containers in 16 addition to the green container and blue container. The following types of additional 17 containers can be provided pursuant to this paragraph. 18 (A) A brown container, or a brown section of a split container that is limited to the 19 collection of separated food waste.
20 (B) If a jurisdiction segregates the contents of a blue container into an additional 21 container or additional section of a split container in order to separate organic 22 wastes specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction 23 may use a darker shade of blue for the container or section of the container 24 designated for the collection of organic waste, and a lighter shade of blue, or any 25 color not already designated for other materials specified in this section, for the 26 collection of non-organic recyclables.
27 (C) Additional containers, or sections of split containers provided for collection of 28 additionally separated organic waste not specified in this section, may be provided 29 in any color provided that the colors do not conflict with the container color 30 requirements of this section.
31 (b) A jurisdiction that provides a three-container organic waste collection service that 32 complies with Subdivision (a) may transport the contents of the gray container to a 33 facility that processes and recovers organic waste. A jurisdiction that complies with 34 Subdivision (a) is not required to transport the contents of the gray container to a facility 35 that meets or exceeds the organic waste content recovery standard specified in Section 36 18984.3. A jurisdiction will not be considered out of compliance with Subdivision (a) if it 37 allows carpet and textiles to be placed in the gray container. 38 (c) Notwithstanding Subdivision (a), a jurisdiction providing a three-container organic 39 waste collection service may allow organic waste, such as food waste, to be collected in 40 the gray container provided that the collection program complies with the following:
41 (1) The contents of the gray container shall be transported to a facility that meets or 42 exceeds the organic waste content recovery requirements specified in Section 43 18984.3.
44 (2) The gray container is labeled in a manner consistent with Section 18984.8 that 45 identifies the types of organic waste content accepted in the gray container.
Department of Resources SLCP Regulations
Recycling and Recovery Page 64 of 127 November 2020
1 (3) The jurisdiction otherwise provides green and blue containers in a manner that 2 complies with the requirements and limitations specified in Subdivision (a) of this 3 section.
4 (d) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 5 the green container provided that allowing the use of bags does not inhibit the ability of 6 the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 7 that recover source separated organic waste for the jurisdiction annually provide written 8 notice to the jurisdiction indicating that the facility can process and remove plastic bags 9 when it recovers source separated organic waste.
10 (e) Nothing in this section is intended to prohibit a jurisdiction from providing an 11 uncontainerized green waste and yard waste collection service to its generators, 12 provided that the three container service complies with the following:
13 (1) If an uncontainerized green waste and yard waste collection service is provided 14 intermittently or on a seasonal basis, a green container is still provided for collection 15 of organic waste as required in Subdivision (a)(1) whenever the uncontainerized 16 service is not provided.
17 (2) If an uncontainerized green waste and yard waste collection service is provided 18 year-round, generators receiving that service must be provided a collection service 19 for the collection of other organic waste in a manner that complies with this section. 20 (f) Notwithstanding Subdivision (a), the contents of containers may be initially 21 transported to a consolidation site as defined in Section 17402 that complies with the 22 requirements of Section 17409.5.10.
23 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 24 Reference: Public Resources Code Section 42652.5and Health and Safety Code 25 Section 39730.6.
26 Section 18984.2. Two-container Organic Waste Collection Services. 27 (a) A jurisdiction may comply with the requirements of this article by implementing a 28 two-container organic waste collection service as provided below:
29 (1) A two container system where a green container and a gray container are 30 provided and:
31 (A) The green container is limited to the collection of organic waste only. The 32 contents of the green container shall be transported to a facility that specifically 33 recovers source separated organic waste.
34 (B) The gray container allows for intentional comingling of all collected wastes, 35 including organic waste that is not designated for collection in the green container, 36 provided that the contents of the gray container are transported to a facility that 37 meets or exceeds the organic waste content recovery requirements specified in 38 Section 18984.3.
39 (C) Compostable plastics may be placed in the green container if the material 40 meets the ASTM D6400 sections 5.1 through 6.4.2 standard for compostability as 41 published May, 2019, which is hereby incorporated by reference, and contents of 42 the green containers are transported to compostable material handling operations 43 or facilities or in-vessel digestion operations or facilities that have provided written
Department of Resources SLCP Regulations
Recycling and Recovery Page 65 of 127 November 2020
1 notification annually to the jurisdiction stating that the facility can process and 2 recover that material; or
3 (2) A two container system where a blue container and a gray container are provided 4 and:
5 (A) The blue container is limited to the collection of non-organic recyclables only, 6 but may include the following types of organic wastes: paper products, printing and 7 writing paper, wood and dry lumber, and textiles. The contents of the blue 8 container shall be transported to a facility that recovers the materials designated 9 for collection in the blue container.
10 (B) The gray container allows for intentional comingling of all collected wastes, 11 including organic waste that is not designated for collection in the blue container, 12 provided that the contents of the gray container are transported to a facility that 13 meets or exceeds the organic waste content recovery requirements specified in 14 Section 18984.3.
15 (b) A jurisdiction shall, consistent with Section 18984.8 of this article, clearly identify the 16 types of wastes accepted in each container and which container shall be used for the 17 collection of any unidentified materials.
18 (c) Materials specified in this Subdivision shall be subject to the following restrictions:
19 (1) Carpets, non-compostable paper, and hazardous wood waste shall not be 20 collected in the green container.
21 (2) Hazardous wood waste shall not be collected in the blue or gray container. 22 (d) A jurisdiction may comply with this section by providing a container or containers 23 that are split or divided into segregated sections, instead of an entire container, as long 24 as the lids of the separate sections of a split container comply with the container color 25 requirements and material limitations specified in this section. 26 (1) If a jurisdiction segregates the contents of a blue container into an additional 27 container or additional section of a split container in order to separate organic wastes 28 specified in Subdivision (a)(2) from non-organic recyclables, the jurisdiction may use 29 a darker shade of blue for the container or section of the container designated for the 30 collection of organic waste, and a lighter shade of blue, or any color not already 31 designated for other materials specified in this section, for the collection of non32 organic recyclables. 33 (e) A jurisdiction may allow organic waste to be collected in plastic bags and placed in 34 the green container provided that allowing the use of bags does not inhibit the ability of 35 the jurisdiction to comply with the requirements of Section 18984.5, and the facilities 36 that recover source separated organic waste for the jurisdiction annually provide written 37 notice to the jurisdiction indicating that the facility can process and remove plastic bags 38 when it recovers source separated organic waste.
39 (f) Nothing in this section is intended to prohibit a jurisdiction from providing an 40 uncontainerized green waste and yard waste collection service to its generators, 41 provided that the two container service complies with the following:
42 (1) If an uncontainerized green waste and yard waste collection service is provided 43 intermittently or on a seasonal basis, a container is still provided for collection of 44 organic waste as required in Subdivision (a) whenever the uncontainerized service is 45 not provided.
Department of Resources SLCP Regulations
Recycling and Recovery Page 66 of 127 November 2020
1 (2) If an uncontainerized green waste and yard waste collection service is provided 2 year-round, generators receiving that service must be provided a collection service 3 for the collection of other organic waste in a manner that complies with this section. 4 (g) Notwithstanding Subdivision (a), the contents of containers may be initially 5 transported to a consolidation site as defined in Section17402 that complies with the 6 requirements of Section 17409.5.10.
7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Section 42652.5; and Health and Safety Code 9 Section 39730.6.
10 Section 18984.3. Unsegregated Single-Container Collection Services. 11 (a) A jurisdiction may comply with the requirements of this article by providing a single 12 gray container to each generator that allows for intentional comingling of all collected 13 wastes, including organic waste, provided that the contents of the gray container are 14 transported to a high diversion organic waste processing facility. 15 (b) If the facility that the container is transported to has an annual average mixed waste 16 organic content recovery rate that is lower than required in Section 18982(a)(33) for two 17 (2) consecutive quarterly reporting periods or three (3) quarterly reporting periods within 18 three (3) years, the facility shall not qualify as a high diversion organic waste processing 19 facility.
20 (c) If the jurisdiction is in violation of this section due to a facility to which it sends 21 organic waste being unable to meet the required annual average mixed waste organic 22 content recovery rate, the jurisdiction shall be subject to the enforcement process in 23 Section 18996.2, which may include a corrective action plan as specified in that section 24 allowing it time to meet the requirements of this article prior to the Department seeking 25 administrative penalties.
26 (d) Notwithstanding Subdivision (a), the contents of containers may be initially 27 transported to a consolidation site as defined in Section 17402 that complies with the 28 requirements of Section 17409.5.10.
29 (e) A jurisdiction may allow organic waste specified for collection in the gray container to 30 be placed in bags for collection.
31 (f) Nothing in this section is intended to prohibit a jurisdiction from providing an 32 uncontainerized green waste and yard waste collection service to its generators, 33 provided that the service complies with the following:
34 (1) Generators receiving that service must be provided a collection service for the 35 collection of other organic waste in a manner that complies with this section. 36 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38 Section 39730.6.
39 Section 18984.4. Recordkeeping Requirements for Compliance with Organic 40 Waste Collection Services.
41 (a) A jurisdiction shall include the following information and documents in the 42 Implementation Record required by Section 18995.2:
Department of Resources SLCP Regulations
Recycling and Recovery Page 67 of 127 November 2020
1 (1) A description of which collection method(s) it will use to comply with this article. 2 (2) The geographical area for each collection method. 3 (3) If the jurisdiction is using a service that requires the contents of containers 4 provided by the jurisdiction to be transported to a high diversion organic waste 5 processing facility, the jurisdiction shall at a minimum:
6 (A) List all high diversion organic waste processing facilities used by the 7 jurisdiction.
8 (B) List all approved haulers in the jurisdiction that are allowed to take organic 9 waste to the jurisdiction’s identified high diversion organic waste processing facility 10 or facilities.
11 (C) The geographical area the hauler(s) serves, the routes serviced, or a list of 12 addresses served.
13 (4) If the jurisdiction allows compostable plastics to be placed in the green container 14 pursuant to Section 18984.1 or 18984.2, a copy of written notification received from 15 each facility serving the jurisdiction indicating that the facility recovers that material. 16 (5) If the jurisdiction allows organic waste to be collected in plastic bags pursuant to 17 Section 18984.1 or 18984.2, a copy of written notification received from each facility 18 serving the jurisdiction indicating that the facility can process and remove plastic 19 bags when it recovers source separated organic waste. 20 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 21 Reference: Public Resources Code Section42652.5 and Health and Safety Code 22 Section 39730.6.
23 Section 18984.5. Container Contamination Minimization. 24 (a) A generator shall not place prohibited container contaminants in a collection 25 container. A jurisdiction shall monitor the containers provided to generators using a 26 three-container or two-container organic waste collection service pursuant to Section 27 18984.1 or 18984.2 to minimize prohibited container contaminants in a manner that 28 complies with either the provisions of Subdivision (b) or the provisions of Subdivision (c) 29 of this section.
30 (1) A jurisdiction that implements a performance-based source separated collection 31 service pursuant to Section 18998.1 shall monitor containers through waste 32 evaluations as specified in the provisions of Subdivision (c). 33 (b) A jurisdiction may meet its container contamination minimization requirements by 34 conducting a route review for prohibited container contaminants on containers in a 35 manner that results in all hauler routes being reviewed annually. Containers may be 36 randomly selected along a hauler route. This section should not be construed to require 37 that every container on a hauler route must be sampled annually. 38 (1) Upon finding prohibited container contaminants in a container, the jurisdiction, 39 shall notify the generator of the violation.
40 (A) The notice shall, at a minimum, include information regarding the generator’s 41 requirement to properly separate materials into the appropriate containers and may 42 include photographic evidence of the violation.
Department of Resources SLCP Regulations
Recycling and Recovery Page 68 of 127 November 2020
1 (B) The notice may be left on the generator’s container, gate, or door at the time the 2 violation occurs, and/or be mailed, e-mailed, or electronically messaged to the 3 generator.
4 (2) If a jurisdiction observes prohibited container contaminants in a generator’s 5 collection container(s), it may dispose of the container’s contents. 6 (3) Notwithstanding Section 18995.1(a)(5), this chapter does not require a jurisdiction 7 to impose administrative civil penalties on generators in violation of the prohibited 8 container contaminants requirement in Subdivision (a), above. 9 (c) A jurisdiction may meet its container contamination minimization requirements by 10 conducting waste evaluations that meet the following standards:
11 (1) The jurisdiction shall conduct waste evaluations for prohibited container 12 contaminants in the following manner:
13 (A) A jurisdiction that implements a three-container or two-container organic waste 14 collection service pursuant to Sections 18984.1 or 18984.2 shall conduct waste 15 evaluations at least twice per year and the studies shall occur in two distinct 16 seasons of the year.
17 (B) A jurisdiction that implements a performance-based source separated 18 collection service pursuant to Section 18998.1 shall conduct waste evaluations at 19 least twice per year for the blue and green containers and once per quarter for the 20 gray container.
21 (C) The waste evaluations shall include samples of each container type served by 22 the jurisdiction.
23 (D) The waste evaluations shall include samples taken from different areas in the 24 jurisdiction that are representative of the jurisdiction’s waste stream. 25 (E) The waste evaluations shall include at least the following minimum number of 26 samples from all the hauler routes included in the studies:
27 1. For routes with less than 1,500 generators the study shall include a minimum 28 of 25 samples.
29 2. For routes with 1,500-3,999 generators the study shall include a minimum of 30 30 samples.
31 3. For routes with 4,000- 6,999 generators the study shall include a minimum of 32 35 samples.
33 4. For routes with 7,000 or more generators the study shall include a minimum 34 of 40 samples.
35 (F) All of the material collected for sampling must be transported to a sorting area 36 at a permitted solid waste facility where the presence of prohibited container 37 contaminants for each container type is measured to determine the ratio of 38 prohibited container contaminants present in each container type by weight. To 39 determine the ratio of prohibited container contaminants the jurisdiction shall use 40 the following protocol:
41 1. Take one sample of at least 200 pounds from the material collected from 42 each container stream for sampling (e.g. a 200 pound sample taken from the 43 contents of all of the green containers collected for sampling). 44 2. The 200 pound sample shall be randomly selected from different areas of the 45 pile of collected material for that container type.
Department of Resources SLCP Regulations
Recycling and Recovery Page 69 of 127 November 2020
1 3. For each 200 pound sample, remove any prohibited container contaminants 2 and determine the weight of prohibited container contaminants. 3 4. Then determine the ratio of prohibited container contaminants in the sample 4 by dividing the total weight of prohibited container contaminants by the total 5 weight of the sample.
6 (2) If the sampled weight of prohibited container contaminants exceeds 25 percent of 7 the measured sample for any container type, the jurisdiction shall perform one of the 8 following:
9 (A) Notify all generators on the sampled hauler routes of their requirement to 10 properly separate materials into the appropriate containers. The jurisdiction may 11 provide this information by placing a notice on the generator’s container, gate, or 12 door, and/or by mail, e-mail, or electronic message to the generator. 13 (B) Perform a targeted route review of containers on the routes sampled for waste 14 evaluations to determine the sources of contamination and notify those generators 15 of their obligation to properly separate materials. The jurisdiction may provide this 16 information to these generators by placing a notice on the generator’s container 17 gate, or door, and/or by mail, e-mail, or electronic message to the applicable 18 generators.
19 (d) A jurisdiction that implements a performance-based source separated collection 20 service pursuant to Section 18998.1 shall notify the department within 30 days of finding 21 prohibited container contaminants in the gray container collection stream that exceed 25 22 percent of the measured sample by weight in each of two consecutive waste 23 evaluations performed on gray containers pursuant to the requirements of Subdivision 24 (c), above.
25 (1) A jurisdiction that implements a performance-based source separated collection 26 service pursuant to Section 18998.1 that exceeds an annual average of 25 percent 27 by weight of prohibited container contaminants in the gray container collection shall 28 be subject to the process described in Section 18998.1(c). 29 (e) A jurisdiction that implements a performance-based source separated collection 30 service pursuant to Section 18998.1 shall, upon request, allow a representative of the 31 department to oversee its next scheduled quarterly sampling of the gray container. 32 (f) For the purposes of demonstrating compliance with 18998.1, organic waste that is 33 textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to 34 a quarantine on movement issued by a county agricultural commissioner, is not required 35 to be measured as organic waste.
36 (g) Nothing in this section limits a jurisdiction from adopting contamination standards, 37 fees, sampling methodologies, or noticing protocols that are more stringent or rigorous 38 than the requirements of this section.
39 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 40 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 41 Section 39730.6.
Department of Resources SLCP Regulations
Recycling and Recovery Page 70 of 127 November 2020
1 Section 18984.6. Recordkeeping Requirements for Container Contamination 2 Minimization.
3 (a) A jurisdiction shall include the following information and documents related to its 4 compliance with Section 18984.5, in the Implementation Record required by Section 5 18995.2 of this chapter.
6 (1) A description of the jurisdiction’s process for determining the level of container 7 contamination.
8 (2) Documentation of route reviews conducted pursuant to Section 18984.5(b), as 9 described in Section 18995.1 of this chapter, if applicable. 10 (3) If applicable, documentation of waste evaluations performed pursuant to Section 11 18984.5(c), including information on targeted route reviews conducted as a result of 12 the studies. The documentation shall at a minimum include dates of the studies, the 13 location of the solid waste facility where the study was performed, routes, source 14 sector (e.g. commercial or residential), number of samples, weights and ratio of 15 prohibited container contaminants and total sample size. 16 (4) Copies of all notices issued to generators with prohibited container contaminants. 17 (5) Documentation of the number of containers where the contents were disposed 18 due to observation of prohibited container contaminants. 19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21 Section 39730.6.
22 Section 18984.7. Container Color Requirements.
23 (a)A jurisdiction shall provide containers, for collection services, to generators that 24 comply with the container color requirements specified in this article. 25 (b) Notwithstanding Subdivision (a), a jurisdiction is not required to replace functional 26 containers, including containers purchased prior to January 1, 2022, that do not comply 27 with the color requirements of this article prior to the end of the useful life of those 28 containers, or prior to January 1, 2036, whichever comes first. 29 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 30 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 31 Section 39730.6.
32 Section 18984.8. Container Labeling Requirements.
33 (a) Commencing January 1, 2022, a jurisdiction shall place a label on each new 34 container or lid provided to generators consistent with the applicable container collection 35 requirements and limitations of this article specifying what materials are allowed to be 36 placed in each container.
37 (b) A jurisdiction may comply with this section by:
38 (1) Placing labels on containers that include language or graphic images or both that 39 indicate the primary materials accepted and the primary materials prohibited in that 40 container; or
41 (2) Providing containers with imprinted text or graphic images that indicate the 42 primary materials accepted and the primary materials prohibited in that container.
Department of Resources SLCP Regulations
Recycling and Recovery Page 71 of 127 November 2020
1 (c) Labels shall clearly indicate primary items that are prohibited container contaminants 2 for each container.
3 (d) A jurisdiction may comply with this section by using model labeling provided by the 4 Department.
5 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 6 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 7 Section 39730.6.
8 Section 18984.9 Organic Waste Generator Requirements. 9 (a) Organic waste generators shall comply with applicable local requirements adopted 10 pursuant to this article for the collection and recovery of organic waste, by either:
11 (1) Subscribing to and complying with the requirements of the organic waste 12 collection service provided by their jurisdiction; or 13 (2) Self-hauling organic waste in a manner that complies with the requirements of 14 Article 7 of this chapter.
15 (b) Generators that are commercial businesses, except for multifamily residential 16 dwellings, shall also:
17 (1) Provide containers for the collection of organic waste and non-organic recyclables 18 in all areas where disposal containers are provided for customers, except for 19 restrooms. The containers provided by the business shall have either:
20 (A) A body or lid that conforms with the container colors provided through the 21 organic waste collection service provided by their jurisdiction; or 22 (B) Container labels that comply with the requirements of Section 18984.8. 23 (2) Prohibit their employees from placing organic waste in a container not designated 24 to receive organic waste as set forth in Sections 18984.1(a)(5) and 18984.2(c). 25 (3) Periodically inspect organic waste containers for contamination and inform 26 employees if containers are contaminated and of the requirement to only use those 27 containers for organic waste.
28 (c) Nothing in this section prohibits a generator from preventing or reducing waste 29 generation, managing organic waste on site, or using a community composting site. 30 (d) A commercial business is not required to replace functional containers, including 31 containers purchased prior to January 1, 2022, that do not comply with the requirements 32 of this article prior to the end of the useful life of those containers, or prior to January 1, 33 2036, whichever comes first.
34 (e) If a business does not generate any of the materials that would be collected in one 35 type of container, then the business does not have to provide that particular container in 36 all areas where disposal containers are provided for customers. 37 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39 Section 39730.6.
40 Section 18984.10. Commercial Business Owner Responsibilities. 41 (a) Commercial businesses shall provide or arrange for organic waste collection 42 services consistent with this article and local requirements, for employees, contractors,
Department of Resources SLCP Regulations
Recycling and Recovery Page 72 of 127 November 2020
1 tenants, and customers, including supplying and allowing access to an adequate 2 number, size, and location of containers with sufficient labels or container color. 3 (b) Commercial businesses shall annually provide information to employees, 4 contractors, tenants, and customers about organic waste recovery requirements and 5 about proper sorting of organic waste.
6 (1) Commercial businesses shall provide information to new tenants before or within 7 14 days of occupation of the premises.
8 (c) Commercial businesses shall provide or arrange for access to their properties during 9 all inspections conducted pursuant to Article 14 of this chapter (commencing with 10 Section 18995.1).
11 (1) This subdivision is not intended to permit an employee or agent of the 12 Department, or a jurisdiction, to enter the interior of a private residential property. 13 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 14 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 15 Section 39730.6.
16 Section 18984.11. Waivers Granted by a Jurisdiction. 17 (a) A jurisdiction may grant one or more of the following types of waivers to a generator 18 of organic waste:
19 (1) De Minimis Waivers.
20 (A) A jurisdiction may waive a commercial business’ obligation to comply with 21 some or all of the organic waste requirements of this article if the commercial 22 business provides documentation or the jurisdiction has evidence demonstrating 23 that:
24 1. The commercial business’ total solid waste collection service is two cubic 25 yards or more per week and organic waste subject to collection in a blue 26 container or a green container as specified in Section 18984.1(a) comprises 27 less than 20 gallons per week per applicable container of the business’ total 28 waste.
29 2.The commercial business’ total solid waste collection service is less than two 30 cubic yards per week and organic waste subject to collection in a blue container 31 or a green container as specified in Section 18984.1(a) comprises less than 10 32 gallons per week per applicable container of the business’ total waste. 33 (B) A jurisdiction shall, consistent with Section 18995.1, verify that the commercial 34 business’ organic waste generation meets the waiver thresholds set forth in this 35 subdivision.
36 (C) If a jurisdiction obtains information at any time that a commercial business that 37 has received a waiver is exceeding the organic waste thresholds specified in 38 Subsection (A)1. or (A)2., the jurisdiction shall rescind the waiver. 39 (2) Physical Space Waivers.
40 (A) A jurisdiction may waive a commercial business’ or property owner’s obligation 41 to comply with some or all of the organic waste collection service requirements of 42 this article if the commercial business or property owner provides documentation, 43 or the jurisdiction has evidence from its staff, a hauler, licensed architect, or
Department of Resources SLCP Regulations
Recycling and Recovery Page 73 of 127 November 2020
1 licensed engineer demonstrating that the premises lack adequate space for any of 2 the organic waste container configurations allowed under 18984.1(a) or 18984.2. 3 (3) Collection Frequency Waivers.
4 (A) A jurisdiction may allow the owner or tenant of any residence, premises, 5 business establishment or industry that subscribes to a three-container or two6 container organic waste collection service to arrange for the collection of solid 7 waste in a blue container, a gray container, or both once every fourteen days, 8 provided that:
9 1.The jurisdiction, or its authorized hauler, demonstrates to the enforcement 10 agency, as defined in Public Resources Code 40130 that less frequent 11 collection than required by Section 17331 of Title 14 of the California Code of 12 Regulations will not cause receiving solid waste facilities, operations, or both to 13 be in violation of applicable state minimum standards described in Subchapter 4 14 of Chapter 3 of Subdivision 1 of Title 27 or Title 14, Sections 17200 et seq. 15 (b) Nothing in this section allows a jurisdiction to exempt a business subject to the 16 requirements of Section 42649.81 of the Public Resources Code from compliance with 17 that section.
18 (c) Notwithstanding Section 18981.2, the authority to issue a waiver authorized by this 19 section cannot be delegated to a private entity.
20 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 21 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 22 Section 39730.6.
23 Section 18984.12. Waivers and Exemptions Granted by the Department. 24 (a) Low population waivers.
25 (1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 26 some or all its generators from some or all of the requirements of this article if the 27 following apply:
28 (A) The jurisdiction disposed less than 5,000 tons of solid waste in 2014 as 29 reported in the Disposal Reporting System.
30 (B) The jurisdiction has a total population of less than 7,500 people. 31 (2) A jurisdiction may apply to the Department for a waiver from some or all of the 32 requirements of this article for census tracts that have a population density of less 33 than 75 people per square mile that are served by the jurisdiction and are located in 34 unincorporated portions of a county.
35 (b) Waivers issued pursuant to Subdivision (a) shall be good for a period of up to five 36 years and shall be subject to approval by the Department as follows:
37 (1) A jurisdiction shall submit a request for a waiver with the following information:
38 (A)The number of generators that will be included in the waiver. 39 (B) The requested length of the waiver.
40 (C) If the request for a waiver is submitted by a jurisdiction seeking to waive 41 unincorporated census tracts, the jurisdiction shall identify each census tract that 42 will be waived.
Department of Resources SLCP Regulations
Recycling and Recovery Page 74 of 127 November 2020
1 (2) The Department shall review and evaluate and approve or deny a waiver request 2 3
within 90 days. The Department shall approve a request to grant a waiver if it meets the requirements of this section.
4 (3) A jurisdiction may apply to renew a waiver issued pursuant to Subdivision (a) at 5 any time up to 180 days prior to the expiration of an existing waiver. 6 (c) Rural Exemptions.
7 (1)The Department shall grant an exemption from complying with the organic waste 8 collection requirements specified in this article for rural jurisdictions that meet the 9 definition of a “Rural Jurisdiction” in Section 42649.8 of the Public Resources Code, if 10 the governing body of the jurisdiction adopts a resolution that includes a finding as to 11 the purpose of and need for the exemption.
12 (2) An exemption implemented pursuant to this subdivision shall be valid until 13 December 31, 2026 or until five years after the Department makes a determination 14 pursuant to Section 42649.82 (a)(2)(D) that the statewide disposal of organic waste 15 has not been reduced to 50 percent of the level of disposal during the 2014 calendar 16 year, whichever is later.
17 (d) Elevation Waivers.
18 (1) A jurisdiction may apply to the Department for a waiver for the jurisdiction and 19 some or all of its generators from the requirement to separate and recover food 20 waste and food-soiled paper if the entire jurisdiction is located at or above an 21 elevation of 4,500 feet.
22 (2) A jurisdiction may apply to the Department for a waiver for some or all of its 23 generators from the requirement to separate and recover food waste and food-soiled 24 paper in census tracts located in unincorporated portions of a county that are located 25 at or above 4,500 feet.
26 (3) The area of a jurisdiction that is waived pursuant to this section is not required to 27 provide containers to generators as prescribed in Section 18984.7. 28 (4) Residential and commercial generators located within an area that is waived 29 pursuant to this section may deposit food waste and food-soiled paper in a disposal 30 container.
31 (5) A jurisdiction shall submit a request for a waiver with the following information:
32 (A)The number of generators that will be included in the waiver. 33 (B) If the request for a waiver is submitted by a jurisdiction seeking to waive 34 unincorporated census tracts, the jurisdiction shall identify each census tract that 35 will be waived.
36 (6) The Department shall review and evaluate and approve or deny a waiver request 37 within 90 days. The Department shall approve a request to grant a waiver if it meets 38 the requirements of this section.
39 (7) Nothing in this subdivision waives a jurisdiction from its obligation to provide a 40 collection service that collects and recycles the other types of organic wastes 41 specified in Section 18984.1, 18984.2, or 18984.3 in a manner that meets the 42 requirements of those sections.
43 (e) Nothing in this section exempts a jurisdiction from complying with the other 44 requirements to promote and provide information to generators about waste prevention, 45 community composting, managing organic waste on-site, and other means of 46 recovering organic waste, or any other requirements of this chapter.
Department of Resources SLCP Regulations
Recycling and Recovery Page 75 of 127 November 2020
1 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 2 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 3 Section 39730.6.
4 Section 18984.13. Emergency Circumstances, Abatement, Quarantined Materials 5 and Federally Regulated Waste.
6 (a) Emergency Processing Facility Temporary Equipment or Operational Failure 7 Waivers.
8 (1) If the facility processing a jurisdiction’s organic waste notifies the jurisdiction that 9 unforeseen operational restrictions have been imposed upon it by a regulatory 10 agency or that an unforeseen equipment or operational failure will temporarily 11 prevent the facility from processing and recovering organic waste, the jurisdiction 12 may allow the organic waste stream transported to that facility to be deposited in a 13 landfill or landfills for up to 90 days from the date of the restriction or failure. 14 (2) A jurisdiction shall notify the Department in writing within 10 days of a waiver 15 decision pursuant to Subdivision (a)(1). The notice sent to the Department shall 16 include a description of the equipment failure or operational restriction that occurred 17 at the facility, the period of time that the jurisdiction will allow the organic waste 18 stream to be deposited in a landfill or landfills, and the Recycling and Disposal 19 Reporting System Number of the facility that experienced the temporary equipment 20 or operational failure preventing it from receiving some or all of the jurisdiction’s 21 waste.
22 (b) Disasters and emergency waivers.
23 (1) A jurisdiction may submit a request for a waiver for the landfill disposal of 24 “disaster debris” as defined in Section 17210.1(d) of this division that cannot be 25 diverted as defined in Section 17210.1(e) of this division if a waiver or waivers have 26 been granted pursuant to Sections 17210.4 and 17210.9 of this division. 27 (2) If a waiver or waivers have been granted pursuant to Subsection (1) the 28 Department shall waive the organic waste collection requirements of this article in the 29 affected areas for the duration of the waiver.
30 (3) A jurisdiction may dispose of sediment debris removed from dams, culverts, 31 reservoirs, channels and other flood control infrastructure if the material is subject to 32 a waste discharge requirement issued by the regional water quality control board that 33 requires the average organic content of the debris to be less than five percent. 34 (c) A jurisdiction is not required to separate or recover organic waste that is removed 35 from homeless encampments and illegal disposal sites as part of an abatement activity 36 to protect public health and safety. If the total amount of solid waste removed for landfill 37 disposal pursuant to this subdivision is expected to exceed 100 tons annually the 38 jurisdiction shall record the amount of material removed. 39 (d) A jurisdiction may dispose of specific types of organic waste that are subject to 40 quarantine and meet the following requirements:
41 (1) The organic waste is generated from within the boundaries of an established 42 interior or exterior quarantine area defined by the California Department of Food and 43 Agriculture for that type of organic waste.
44 (2) The California Department of Food and Agriculture or the County Agricultural 45 Commissioner determines that the organic waste must be disposed at a solid waste
Department of Resources SLCP Regulations
Recycling and Recovery Page 76 of 127 November 2020
1 landfill and the organic waste cannot be safely recovered through any of the recovery 2 activities identified in Article 2 of this chapter.
3 (3) The jurisdiction retains a copy of the California Department of Food and 4 Agriculture approved compliance agreement for each shipment stating that the 5 material must be transported to a solid waste landfill operating under the terms of its 6 own compliance agreement for the pest or disease of concern. 7 (e) Nothing in this chapter requires generators, jurisdictions or other entities subject to 8 these regulations to manage and recover organic waste that federal law explicitly 9 requires to be managed in a manner that constitutes landfill disposal as defined in this 10 chapter.
11 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 12 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 13 Section 39730.6.
14 Section 18984.14. Recordkeeping Requirements for Waivers and Exemptions. 15 (a) A jurisdiction shall include the following information and documents in the 16 Implementation Record required by Section 18995.2:
17 (1) A copy of all correspondence received from a facility that triggered a Processing 18 Facility Temporary Equipment or Operational Failure Waiver and documentation 19 setting forth the date of issuance of the waiver, the timeframe for the waiver, and the 20 locations or routes affected by the waiver.
21 (2) A description of the jurisdiction’s process for issuing waivers and frequency of 22 inspections by the jurisdiction to verify the validity of waivers. 23 (3) A copy of all De Minimis Waivers, including the location, date issued, and name of 24 generators.
25 (4) A copy of all Physical Space Waivers, including the location, date issued, and 26 name of generators.
27 (5) A copy of all collection frequency waivers, including the location, date issued, and 28 name of generators.
29 (6) A record of the amount of sediment debris that is disposed pursuant to Section 30 18984.13 on an annual basis.
31 (7) A record of the amount of solid waste removed from homeless encampments and 32 illegal disposal sites as part of an abatement activities if the total amount of material 33 removed exceeds 100 tons.
34 (8) A copy of all compliance agreements for quarantined organic waste that is 35 disposed, including the name of generator, date issued, location of final disposition, 36 and the amount of organic waste that was required to be disposed at a solid waste 37 landfill.
38 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40 Section 39730.6.
Department of Resources SLCP Regulations
Recycling and Recovery Page 77 of 127 November 2020
1 Article 4. Education and Outreach
2 Section 18985.1. Organic Waste Recovery Education and Outreach. 3 (a) Prior to February 1, 2022, and annually thereafter, a jurisdiction shall provide the 4 following to organic waste generators that are provided an organic waste collection 5 service pursuant to Article 3 of this chapter:
6 (1) Information on the organic waste generator’s requirements to properly separate 7 materials in appropriate containers pursuant to this chapter. 8 (2) Information on methods for: the prevention of organic waste generation, recycling 9 organic waste on-site, sending organic waste to community composting, and any 10 other local requirements regarding organic waste.
11 (3) Information regarding the methane reduction benefits of reducing the landfill 12 disposal of organic waste, and the methods of organic waste recovery the organic 13 waste collection service uses.
14 (4) Information regarding how to recover organic waste and a list of approved 15 haulers.
16 (5) Information related to the public health and safety and environmental impacts 17 associated with the landfill disposal of organic waste. 18 (6) Information regarding programs for the donation of edible food. 19 (7) If a jurisdiction allows generators subject to its authority to self-haul organic waste 20 pursuant to Section 18988.1, information regarding self-hauling requirements shall be 21 included in education and outreach material.
22 (b) A jurisdiction providing an unsegregated single container collection service to 23 organic waste generators is not required to include the information required in 24 Subdivision (a)(1), but shall include information indicating that organic waste is being 25 processed at a high diversion organic waste processing facility. 26 (c) A jurisdiction may comply with the requirements by providing the information 27 required by this section through print or electronic media. In addition to providing 28 information through print and electronic media, a jurisdiction may conduct outreach 29 through direct contact with generators through workshops, meetings, or on-site visits. 30 (d) Consistent with Section 18981.2, a jurisdiction may comply with the requirements of 31 this section through use of a designee.
32 (e) Consistent with Section 7295 of the Government Code, jurisdictions shall translate 33 educational materials required by this chapter into any non-English language spoken by 34 a substantial number of the public provided organic waste collection services by the 35 jurisdiction.
36 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38 Section 39730.6.
39 Section 18985.2. Edible Food Recovery Education and Outreach. 40 (a) On or before February 1, 2022 a jurisdiction shall:
41 (1) Develop a list of food recovery organizations identified in Section 42 18982(a)(25)(A)–(B) and food recovery services operating within the jurisdiction and 43 maintain the list on the jurisdiction’s website. The list shall be updated annually. The
Department of Resources SLCP Regulations
Recycling and Recovery Page 78 of 127 November 2020
1 list shall include, at a minimum, the following information about each food recovery 2 organization and each food recovery service:
3 (A) Name and physical address.
4 (B) Contact information.
5 (C) Collection service area.
6 (D) An indication of types of food the food recovery service or organization can 7 accept for food recovery.
8 (b) At least annually a jurisdiction shall:
9 (1) Provide commercial edible food generators with the following information:
10 (A) Information about the jurisdiction’s edible food recovery program established 11 pursuant to Section 18991.1.
12 (B) Information about the commercial edible food generator requirements specified 13 in Article 10 of this chapter.
14 (C) Information about food recovery organizations and food recovery services 15 operating within the jurisdiction, and where a list of those food recovery 16 organizations and food recovery services can be found. 17 (D) Information about actions that commercial edible food generators can take to 18 prevent the creation of food waste.
19 (2) The jurisdiction may provide this information by including it with regularly 20 scheduled notices to those commercial businesses, including the notices provided 21 pursuant to Section 18985.1.
22 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 24 Section 39730.6.
25 Section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance 26 with Education and Outreach Requirements.
27 (a) A jurisdiction shall include all relevant documents supporting its compliance with this 28 article in the Implementation Record required by Section 18995.2 of this chapter, 29 including, but not limited to:
30 (1) Copies of the information provided to comply with this article, including: flyers, 31 brochures, newsletters, invoice messaging, and website and social media postings. 32 (2) The date, and to whom the information was disseminated or direct contact made. 33 If a jurisdiction provides mass distribution through mailings, or bill inserts, it shall 34 provide the date, a copy of the information, and the type and number of accounts 35 receiving the information.
36 (3) If the requirements of this article were met solely through the use of electronic 37 media, the record shall include a copy, with dates posted, of social media posts, e38 mails or other electronic messages. 39 (4) If a jurisdiction relies on a designee, as allowed in Section 18981.2, to comply 40 with this section, it shall include a copy of the materials distributed by the designee. 41 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 42 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 43 Section 39730.6.
Department of Resources SLCP Regulations
Recycling and Recovery Page 79 of 127 November 2020
1 Article 5. Generators of Organic Waste
2 Section 18986.1. Non-Local Entities Requirements.
3 (a) Non-local entities shall comply with the requirements of this chapter to prevent and 4 reduce the generation of organic waste by:
5 (1) Subscribing to and complying with the requirements of an organic waste collection 6 service that meets the requirements of Article 3 of this chapter; or 7 (2) Self-hauling organic waste in a manner that complies with the requirements of 8 Article 7 of this chapter.
9 (b) Non-local entities shall provide containers for the collection of organic waste and 10 non-organic recyclables in all areas where disposal containers are located, except 11 restrooms. The containers provided shall conform to the requirements of the containers 12 provided through an organic waste recovery service authorized under Article 3 of this 13 chapter.
14 (c) Non-local entities shall prohibit their employees from placing organic waste in a 15 container not designated to receive organic waste.
16 (1) Materials specified in this paragraph shall be subject to the following restrictions:
17 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 18 collected in the green container.
19 (B) Hazardous wood waste shall not be collected in the blue or gray container. 20 (d) Non-local entities shall periodically inspect organic waste containers for 21 contamination and inform employees if containers are contaminated and of the 22 requirement to only use those containers for organic waste. 23 (e) Non-local entities shall provide information to employees on methods for the 24 prevention of organic waste generation.
25 (f) Nothing in this section prohibits a non-local entity from preventing waste generation, 26 managing organic waste on site, or using a community composting site. 27 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 28 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 29 Section 39730.6.
30 Section 18986.2. Local Education Agencies Requirements. 31 (a) Local education agencies shall comply with the requirements of this chapter to 32 prevent and reduce the generation of organic waste by:
33 (1) Subscribing and complying with the requirements of an organic waste collection 34 service that meets the requirements of Article 3 of this chapter; or 35 (2) Self-hauling organic waste in a manner that complies with the requirements of 36 Article 7 of this chapter.
37 (b) Local education agencies shall provide containers for the collection of organic waste 38 and non-organic recyclables in all areas where disposal containers are located, except 39 restrooms. The containers provided shall conform to the requirements of the containers 40 provided through an organic waste recovery service authorized under Article 3 of this 41 chapter.
42 (c) Local education agencies shall prohibit their employees from placing organic waste 43 in a container not designated to receive organic waste.
Department of Resources SLCP Regulations
Recycling and Recovery Page 80 of 127 November 2020
1 (1) Materials specified in this paragraph shall be subject to the following restrictions:
2 (A) Carpets, non-compostable paper, and hazardous wood waste shall not be 3 collected in the green container.
4 (B) Hazardous wood waste shall not be collected in the blue or gray container. 5 (d) Local education agencies shall periodically inspect organic waste containers for 6 contamination and inform employees if containers are contaminated and of the 7 requirement to only use those containers for organic waste. 8 (e) Local education agencies shall provide information to employees and students on 9 methods for the prevention of organic waste generation. 10 (f) Nothing in this section prohibits a local education agency from preventing waste 11 generation, managing organic waste on site, and/or using a community composting site. 12 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 13 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 14 Section 39730.6.
15 Section 18986.3. Waivers for Non-Local Entities and Local Education Agencies. 16 (a) The Department shall waive a non-local entity’s or local education agency’s 17 obligation to comply with some or all of organic waste collection service requirements of 18 this article if the entity or agency provides documentation demonstrating that any of the 19 following apply:
20 (1) The total solid waste collection service subscribed to is two cubic yards or more 21 per week and organic waste subject to collection in a blue container or a green 22 container as specified in Section 18984.1(a) comprises less than 20 gallons per week 23 per applicable container of the non-local entity’s or local education agency’s total 24 waste.
25 (2) The total solid waste collection service subscribed to is less than two cubic yards 26 per week and organic waste subject to collection in a blue container or a green 27 container as specified in Section 18984.1(a) comprises less than 10 gallons per week 28 per applicable container of the non-local entity’s or local education agency’s total 29 waste.
30 (3) A hauler, licensed architect, or licensed engineer has determined that there is not 31 adequate space for separate organic waste containers. 32 (4) The entity is located within a jurisdiction or census tract that has been granted a 33 waiver by the Department pursuant to Section 18984.12. 34 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 35 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 36 Section 39730.6.
37 Article 6. Biosolids Generated at a Publicly Owned Treatment Works 38 (POTW)
39 Section 18987.1. Biosolids Generation at a POTW.
40 (a) A POTW generating biosolids is not subject to the following:
41 (1) The generator requirements set forth in Section 18984.9.
Department of Resources SLCP Regulations
Recycling and Recovery Page 81 of 127 November 2020
1 (2) The organic waste recovery and measurement requirements described in 2 Sections 17409.5.1 through 17409.5.8 of this division. 3 (3) The recordkeeping and reporting requirement described in Section 17414.2 of this 4 division.
5 (b) Material received at a POTW that it is not allowed to accept pursuant to Section 6 17896.6(a)(1)(C) or (D) shall be deemed to constitute landfill disposal pursuant to 7 Section 18983.1(a)(3).
8 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 9 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 10 Section 39730.6.
11 Article 7. Regulation of Haulers
12 Section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers. 13 (a) A jurisdiction shall require haulers providing residential, commercial, or industrial 14 organic waste collection services to generators within its boundaries to meet the 15 requirements and standards of this chapter as a condition of approval of a contract, 16 agreement, or other authorization to collect organic waste. 17 (1) A jurisdiction shall require haulers to identify the facilities to which they will 18 transport organic waste as a requirement for approval. 19 (2) A jurisdiction shall require haulers providing an organic waste collection service to 20 comply with the applicable requirements of Article 3 of this chapter. 21 (b) If a jurisdiction allows generators subject to its authority to self-haul organic waste, it 22 shall adopt an ordinance or a similarly enforceable mechanism that requires compliance 23 with the requirements in Section 18988.3 of this article. 24 (c) Notwithstanding Subdivision (a), this section is not applicable to:
25 (1) A hauler that is consistent with Article 1, Chapter 9, Part 2, Division 30, 26 commencing with Section 41950 of the Public Resources Code, transporting source 27 separated organic waste to a community composting site; or 28 (2) A hauler that is lawfully transporting construction and demolition debris in 29 compliance with Section 18989.1.
30 (d) Jurisdictions that are exempt from the organic waste collection requirements 31 pursuant to Section 18984.12, and haulers and self-haulers operating or located within 32 exempt areas of those jurisdictions, are not required to comply with the provisions of 33 this article for the duration of an exemption issued pursuant to Section 18984.12. 34 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 35 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 36 Section 39730.6.
37 Section 18988.2. Haulers of Organic Waste Requirements. 38 (a) A hauler providing residential, commercial, or industrial organic waste collection 39 services shall comply with all of the following:
40 (1) Organic waste collected by the hauler shall be transported to a facility, operation, 41 activity or property that recovers organic waste as defined in Article 2 of this chapter.
Department of Resources SLCP Regulations
Recycling and Recovery Page 82 of 127 November 2020
1 (2) Obtain applicable approval issued by the jurisdiction pursuant to Section 18988.1. 2 (b) The hauler shall keep a record of the documentation of its approval by the 3 jurisdiction.
4 (c) Notwithstanding (a), this section is not applicable to:
5 (1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1 commencing 6 with Section 41950 of the Public Resources Code, transports source separated 7 organic waste to a community composting site; or
8 (2) A hauler that is lawfully transporting construction and demolition debris in 9 compliance with Section 18989.1.
10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6.
13 Section 18988.3. Self-haulers of Organic Waste.
14 (a) Generators of organic waste may, in compliance with Section 18988.1 of this 15 division, self-haul their own organic waste.
16 (b) A generator who is a self-hauler of organic waste shall comply with the following:
17 (1) The generator shall source separate all organic waste generated on site in a 18 manner consistent with Sections 18984.1 and 18984.2, or haul organic waste to a 19 high diversion organic waste processing facility as specified in Section 18984.3. 20 (2) The generator shall haul source separated organic waste to a solid waste facility 21 operation, activity, or property that processes or recovers source separated organic 22 waste.
23 (3) The generator shall keep a record of the amount of organic waste delivered to 24 each solid waste facility, operation, activity, or property that processes or recovers 25 organic waste; this record shall be subject to inspection by the jurisdiction. 26 (A) The records shall include delivery receipts and weight tickets from the entity 27 accepting the waste.
28 (B) The record shall indicate the amount of material in cubic yards or tons 29 transported by the generator to each entity.
30 (C) Notwithstanding Subdivision (b)(3)(A), if the material is transported to an entity 31 that does not have scales on-site, or employs scales incapable of weighing the 32 self-hauler’s vehicle in a manner that allows it to determine the weight of waste 33 received, the self-hauler is not required to record the weight of material but shall 34 keep a record of the entities that received the organic waste. 35 (4) A residential organic waste generator that self-hauls organic waste is not required 36 to record or report the information identified in Subdivision (b)(3). 37 (c) A generator that is located in a jurisdiction or area that received a waiver under 38 Section 18984.12 of this division and is not a business subject to the requirements of 39 Section 42649.81 of the Public Resources Code is not required to comply with the 40 requirements of this section.
41 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 42 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 43 Section 39730.6.
Department of Resources SLCP Regulations
Recycling and Recovery Page 83 of 127 November 2020
1 Section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction 2 Hauler Program.
3 (a) A jurisdiction shall include all relevant documents supporting its compliance with this 4 article in the Implementation Record required by Article 14 of this chapter. Records 5 maintained shall include but are not limited to copies of:
6 (1) Ordinances, contracts, franchise agreements, policies, procedures, or programs 7 relevant to this section.
8 (2) A description of the jurisdiction’s hauler program including:
9 (A) Type(s) of hauler system(s) the jurisdiction uses. 10 (B) Type(s) and condition(s) of approvals per type of hauler, and criteria for 11 approvals, denials and revocations.
12 (C) The process for issuing, revoking, and denying written approvals. 13 (D) Any requirements associated with self-hauling and back-hauling. 14 (3) A record of hauler compliance with local ordinance(s) and the requirements of this 15 article including the following information:
16 (A) Copies of all reports required from haulers.
17 (B) Copies of all written approvals, denials, and revocations. 18 (b) All records required by this article shall include the date of action, the name of the 19 hauler, and the type of the action taken by the jurisdiction. 20 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 21 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 22 Section 39730.6.
23 Article 8. CALGreen Building Standards and Model Water Efficient 24 Landscape Ordinance
25 Section 18989.1. CALGreen Building Codes.
26 (a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 27 requires compliance with the following provisions of the California Green Building 28 Standards Code, California Code of Regulations, Title 24, Part 11 as amended July 1, 29 2019 and effective January 1, 2020:
30 (1) Section 4.410.2 Recycling by Occupants Residential and Section 5.410.1 31 Recycling by Occupants Non-residential.
32 (2) For organic waste commingled with construction and demolition debris, Section 33 4.408.1 Construction Waste Management Residential and Section 5.408.1 34 Construction Waste Management non-residential.
35 (b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 36 county.
37 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 38 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 39 Section 39730.6.
Department of Resources SLCP Regulations
Recycling and Recovery Page 84 of 127 November 2020
1 Section 18989.2 Model Water Efficient Landscape Ordinance. 2 (a) A jurisdiction shall adopt an ordinance or other enforceable requirement that 3 requires compliance with Sections 492.6(a)(3)(B) (C), (D), and (G) of the Model Water 4 Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the California Code 5 of Regulations as amended September 15, 2015.
6 (b) For the purposes of this section “jurisdiction” means a city, a county, or a city and 7 county.
8 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 9 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 10 Section 39730.6.
11 Article 9. Locally Adopted Standards and Policies
12 Section 18990.1. Organic Waste Recovery Standards and Policies. 13 (a) Nothing in this chapter is intended to limit the authority of a jurisdiction to adopt 14 standards that are more stringent than the requirements of this chapter, except as 15 provided in Subdivision (b) of this section.
16 (b) A jurisdiction shall not implement or enforce an ordinance, policy, procedure, permit 17 condition, or initiative that includes provisions that do any of the following:
18 (1) Prohibit, or otherwise unreasonably limit or restrict, the lawful processing and 19 recovery of organic waste through a method identified in Article 2 of this chapter. 20 (2) Limit a particular solid waste facility, operation, property, or activity from accepting 21 organic waste imported from outside of the jurisdiction for processing or recovery. 22 (3) Limit the export of organic waste to a facility, operation, property or activity 23 outside of the jurisdiction that recovers the organic waste through a method identified 24 in Article 2 of this chapter.
25 (4) Require a generator or a hauler to transport organic waste to a solid waste facility 26 or operation that does not process or recover organic waste. 27 (5) Require a generator to use an organic waste collection service or combination of 28 services that do not recover at least the same types of organic waste recovered by a 29 service the generator previously had in place.
30 (c) This section does not do any of the following:
31 (1) Require a solid waste facility or operation to accept organic waste that does not 32 meet the quality standards established by the solid waste facility or operation. 33 (2) Prohibit a jurisdiction from arranging with a solid waste facility or operation to 34 guarantee permitted capacity for organic waste from the jurisdiction. 35 (3) Supersede or otherwise affect: the land use authority of a jurisdiction, including, 36 but not limited to, planning, zoning, and permitting; or an ordinance lawfully adopted 37 pursuant to that land use authority consistent with this section. 38 (4) Prohibit a jurisdiction from arranging through a contract or franchise for a hauler to 39 transport organic waste to a particular solid waste facility or operation for processing 40 or recovery.
41 (5) Exempt a jurisdiction, generator, or hauler from compliance with Division 4.5 of 42 Title 22 of the California Code of Regulations relative to the proper handling of 43 hazardous or universal waste or Title 3, Section 1180.48 of the California Code of
Department of Resources SLCP Regulations
Recycling and Recovery Page 85 of 127 November 2020
1 Regulations relative to Disposal of Parts and Products of Animals Not Intended for 2 Use as Human Food.
3 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 4 Reference: Public Resources Code Sections 40001, 40002, 40059, and 42652.5 and 5 Health and Safety Code Section 39730.6.
6 Section 18990.2. Edible Food Recovery Standards and Policies. 7 (a) A jurisdiction shall not implement or enforce an ordinance, policy, or procedure that 8 prohibits the ability of a generator, food recovery organization, or food recovery service 9 to recover edible food that could be recovered for human consumption. 10 (b) A local education agency shall not implement or enforce an ordinance, policy, or 11 procedure that prohibits share tables or requires schools to adhere to a food safety 12 standard not specified in Part 7 of Division 104 of the Health and Safety Code. 13 (c) Nothing in this chapter shall be construed to limit or conflict with the provisions of the 14 California Good Samaritan Food Donation Act of 2017 (the act). Specifically:
15 (1) Nothing in this chapter shall be construed to limit the amount or types of foods 16 that may be donated under the act.
17 (2) Nothing in this chapter shall be construed to limit the ability of a person, gleaner 18 or food facility to donate food as provided for in Sections 114432 and 114433 of the 19 Health and Safety Code.
20 (3) Nothing in this chapter shall be construed to reduce the immunities provided by 21 the California Good Samaritan Food Donation Act as specified in Section 114434 of 22 the Health and Safety Code.
23 (d) Nothing in this chapter prohibits a food recovery service or organization from 24 refusing to accept edible food from a commercial edible food generator. 25 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 26 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 27 Sections 39730.6, 114432, 114433 and 114434
28 Article 10. Jurisdiction Edible Food Recovery Programs, Food 29 Generators, and Food Recovery
30 Section 18991.1. Jurisdiction Edible Food Recovery Program. 31 (a) A jurisdiction shall implement an edible food recovery program that shall include the 32 actions that the jurisdiction will take to accomplish each of the following:
33 (1) Educate commercial edible food generators as set forth in Section 18985.2. 34 (2) Increase commercial edible food generator access to food recovery organizations 35 and food recovery services.
36 (3) Monitor commercial edible food generator compliance as required in Article 14 of 37 this chapter.
38 (4) Increase edible food recovery capacity if the analysis required by Section 18992.2 39 indicates that the jurisdiction does not have sufficient capacity to meet its edible food 40 recovery needs.
Department of Resources SLCP Regulations
Recycling and Recovery Page 86 of 127 November 2020
1 (b) A jurisdiction may fund the actions taken to comply with this section through 2 franchise fees, local assessments, or other funding mechanisms. 3 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 4 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 5 Section 39730.6.
6 Section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food 7 Recovery Program.
8 (a) A jurisdiction shall include all documents supporting its compliance with Section 9 18991.1 in the Implementation Record required by Section 18995.2 and shall also 10 include at a minimum:
11 (1) A list of commercial edible food generators in the jurisdiction that have a contract 12 or written agreement with food recovery organizations or services pursuant to Section 13 18991.3(b).
14 (2) A list of food recovery organizations and food recovery services in the jurisdiction 15 and their edible food recovery capacity.
16 (3) Documentation of the actions the jurisdiction has taken to increase edible food 17 recovery capacity.
18 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 19 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 20 Section 39730.6.
21 Section 18991.3. Commercial Edible Food Generators.
22 (a) Tier One commercial edible food generators shall comply with the requirements of 23 this section commencing January 1, 2022. Tier two commercial edible food generators 24 shall comply with the requirements of this section commencing January 1, 2024. 25 (b) Commercial edible food generators shall arrange to recover the maximum amount of 26 edible food that would otherwise be disposed. A commercial edible food generator shall 27 comply with the requirements of this section through a contract or written agreement 28 with any or all of the following:
29 (1) Food recovery organizations or services that will collect their edible food for food 30 recovery.
31 (2) Food recovery organizations that will accept the edible food that the commercial 32 edible food generator self-hauls to the food recovery organization for food recovery. 33 (c) A large venue or large event operator that does not provide food services, but allows 34 for food to be provided, shall require food facilities operating at the large venue or large 35 event to comply with the requirements of this section. 36 (d) A commercial edible food generator shall comply with the requirements of this 37 section unless the commercial edible food generator demonstrates the existence of 38 extraordinary circumstances beyond its control that make such compliance 39 impracticable. If an enforcement action is commenced against a commercial edible food 40 generator for noncompliance, the burden of proof shall be upon the commercial edible 41 food generator to demonstrate extraordinary circumstances. For the purposes of this 42 section extraordinary circumstances are:
Department of Resources SLCP Regulations
Recycling and Recovery Page 87 of 127 November 2020
1 (1) A failure by the jurisdiction to increase edible food recovery capacity as required 2 in Section 18991.1.
3 (2) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or 4 natural disasters.
5 (e) An edible food generator shall not intentionally spoil edible food that is capable of 6 being recovered by a food recovery organization or service. 7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9 Section 39730.6.
10 Section 18991.4. Recordkeeping Requirements For Commercial Edible Food 11 Generators.
12 (a) A commercial edible food generator subject to the requirements in this article shall 13 keep a record that includes the following:
14 (1) A list of each food recovery service or organization that collects or receives its 15 edible food pursuant to a contract or written agreement established under Section 16 18991.3(b).
17 (2) A copy of contracts or written agreements between the commercial edible food 18 generator and a food recovery service or organization. 19 (3) A record of the following for each food recovery organization or service that the 20 commercial edible food generator has a contract or written agreement with pursuant 21 to Section 18991.3(b):
22 (A) The name, address and contact information of the service or organization. 23 (B) The types of food that will be collected by or self-hauled to the service or 24 organization.
25 (C) The established frequency that food will be collected or self-hauled. 26 (D) The quantity of food collected or self-hauled to a service or organization for 27 food recovery. The quantity shall be measured in pounds recovered per month. 28 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30 Section 39730.6.
31 Section 18991.5. Food Recovery Services and Organizations. 32 (a) A food recovery organization or service that has established a contract or written 33 agreement to collect or receive edible food directly from commercial edible food 34 generators pursuant to Section 18991.3(b) shall maintain records specified in this 35 section:
36 (1) A food recovery service shall maintain a record of:
37 (A) The name, address and contact information for each commercial edible food 38 generator that the service collects edible food from. 39 (B) The quantity in pounds of edible food collected from each commercial edible 40 food generator per month.
41 (C) The quantity in pounds of edible food transported to each food recovery 42 organization per month.
Department of Resources SLCP Regulations
Recycling and Recovery Page 88 of 127 November 2020
1 (D) The name, address and contact information for each food recovery 2 organization that the service transports edible food to for food recovery. 3 (2) A food recovery organization shall maintain a record of:
4 (A) The name, address and contact information for each commercial edible food 5 generator that the organization receives edible food from. 6 (B) The quantity in pounds of edible food received from each commercial edible 7 food generator per month.
8 (C) The name, address and contact information for each food recovery service that 9 the organization receives edible food from for food recovery. 10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6.
13 Article 11. Organic Waste Recycling Capacity Planning 14 Section 18992.1. Organic Waste Recycling Capacity Planning. 15 (a) Counties, in coordination with jurisdictions and regional agencies located within the 16 county, shall:
17 (1) Estimate the amount of all organic waste in tons that will be disposed by the 18 county and jurisdictions within the county by:
19 (A) Multiplying the percentage of organic waste reported as disposed in the 20 Department’s most recent waste characterization study by the total amount of 21 landfill disposal attributed to the county and each jurisdiction located within the 22 county by the Recycling and Disposal Reporting System; or 23 (B) Using a waste characterization study or studies performed by jurisdictions 24 located within the county and applying the results of those studies to the total 25 amount of landfill disposal attributed to the county and each jurisdiction located 26 within the county by the Recycling and Disposal Reporting System. Local studies 27 may be used if the studies:
28 1.Were performed within the last five years,
29 2. Include at least the same categories of organic waste as the Department’s 30 most recent waste characterization study that was available at the time the local 31 study or studies were performed, and,
32 3.Include a statistically significant sampling of solid waste disposed by the 33 jurisdiction conducting the study.
34 (2) A county may incorporate the findings of a published report generated by the 35 appropriate solid waste management entities within the county that provides organic 36 waste disposal tonnages or percentages for specific organic waste material types 37 that are not covered in the Department’s most recent waste characterization study. 38 This may include, but is not limited to, reports on tons of biosolids or digestate 39 disposed in the county.
40 (3) Identify the amount in tons of existing organic waste recycling infrastructure 41 capacity, located both in the county and outside of the county, that is verifiably 42 available to the county and jurisdictions located within the county.
Department of Resources SLCP Regulations
Recycling and Recovery Page 89 of 127 November 2020
1 (A) A county can demonstrate the capacity is verifiably available to the county or 2 its jurisdictions through a contract, franchise, or other documentation of existing, 3 new, or expanded capacity at a facility, activity, operation or property that recovers 4 organic waste that will be available to the county or its jurisdiction prior to the end 5 of the reporting period.
6 (4) Estimate the amount of new or expanded organic waste recycling facility capacity 7 that will be needed to process the organic waste identified pursuant to Subdivision 8 (a)(1) in addition to the existing capacity identified in Subdivision (a)(3). 9 (b) A jurisdiction or regional agency contacted by a county pursuant to Subdivision (a) 10 shall respond to the county’s request for the information necessary to comply with the 11 requirements of this article within 120 days of receiving the request from the county. 12 (1) If a jurisdiction or regional agency fails to provide the information necessary to 13 comply with the requirements of this article within 120 days, the county is not 14 required to include estimates for that jurisdiction in the report it submits pursuant to 15 Section 18992.3.
16 (2) In the report submitted pursuant to Section 18992.3 the county shall identify any 17 jurisdiction that did not provide the information necessary to comply with the 18 requirements of this article within 120 days of receiving a request from the county. 19 (c) In complying with this section, the county in coordination with jurisdictions and 20 regional agencies located within the county shall:
21 (1) Consult with the Enforcement Agency and the local task force created pursuant to 22 Section 40950 of the Public Resources Code on the status of locations for new or 23 expanded solid waste facilities including the potential capacity increase each facility 24 may provide if approved.
25 (2) Consult with haulers and owners of facilities, operations, and activities that 26 recover organic waste including, but not limited to, compost facilities, in-vessel 27 digestion facilities, and Publicly Owned Treatment Works to gather information on the 28 existing capacity and potential new or expanded capacity at those facilities, 29 operations, and activities.
30 (A) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 31 days regarding available and potential new or expanded capacity at their facilities, 32 operations, and activities, including information about throughput and permitted 33 capacity necessary for planning purposes.
34 (3) Conduct community outreach regarding locations being considered for new or 35 expanded facilities, operations, or activities to seek feedback on the benefits and 36 impacts that may be associated with new or expanded facilities, operations, or 37 activities. The community outreach shall:
38 (A) Include at least one of the following forms of communication: public workshops 39 or meetings, print noticing, and electronic noticing. 40 (B) If applicable be conducted in coordination with potential solid waste facility 41 operators that may use the location identified by the county and the jurisdictions 42 and regional agencies located within the county.
43 (C) Include communication to disadvantaged communities that may be impacted 44 by the development of new facilities at the locations identified by the county and 45 the jurisdictions and regional agencies located within the county.
Department of Resources SLCP Regulations
Recycling and Recovery Page 90 of 127 November 2020
1 (D) Communication required by this section must be provided in non-English 2 languages spoken by a substantial number of the public in the applicable 3 jurisdiction in a manner that conforms with the requirements of Section 18985.1(e). 4 (4) Consult with community composting operators to estimate the amount of organic 5 waste the county, and the jurisdictions and regional agencies located within the 6 county, anticipate will be handled at community composting activities. 7 (d) If a county determines that organic waste recycling capacity, in addition to the 8 available and proposed capacity identified pursuant to Subdivision (a), is needed within 9 that county, the county shall notify the jurisdiction or jurisdictions that lack sufficient 10 capacity that it is required to:
11 (1) Submit an implementation schedule to the Department that demonstrates how it 12 will ensure there is enough available capacity to recover the organic waste currently 13 disposed by generators within their jurisdiction by the end of the report period. 14 (A) The implementation schedule shall include timelines and milestones for 15 planning efforts to access capacity including, but not limited to:
16 1. Obtaining funding for organic waste recycling infrastructure including, but not 17 limited to, modifying franchise agreements or demonstrating other means of 18 financially supporting the expansion of organic waste recycling. 19 2. Identification of facilities, operations, and activities that could be used for 20 additional capacity.
21 (2) Identify proposed new or expanded organic waste recycling facilities that will be 22 used to process the organic waste identified pursuant to Subdivision (a)(3). 23 (e) The notice the county provides jurisdictions pursuant to Subdivision (d) shall be 24 provided on or before the county submits the report required pursuant to Section 25 18992.3.
26 (f) For the purposes of this section, only the following type of organic waste shall be 27 included in estimates: food, green waste, landscape and pruning waste, wood, paper 28 products, printing and writing paper, digestate and biosolids. 29 (g) For the purposes of conducting the estimates required by this section, a county may 30 subtract the waste generated in an area subject to a waiver granted by the Department 31 pursuant to Section 18984.12. A county is not required to obtain information from a 32 jurisdiction that is waived from all of the organic waste collection requirements of this 33 chapter.
34 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 35 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 36 Section 39730.6.
37 Section 18992.2. Edible Food Recovery Capacity.
38 (a) Counties, in coordination with jurisdictions and regional agencies located within the 39 county, shall:
40 (1) Estimate the amount of edible food that will be disposed by commercial edible 41 food generators that are located within the county and jurisdictions within the county. 42 (2) Identify existing capacity at food recovery organizations identified in Section 43 18982(a)(25)(A)–(B) that is available to commercial edible food generators located 44 within the county and jurisdictions within the county.
Department of Resources SLCP Regulations
Recycling and Recovery Page 91 of 127 November 2020
1 (3) Identify proposed new or expanded food recovery organizations and food 2 recovery services that will be used to recover edible food identified pursuant to 3 Subdivision (a)(1).
4 (4) Identify the amount of new or expanded capacity, if any, at food recovery 5 organizations and food recovery services that is necessary to recover the edible food 6 that is estimated to be disposed by commercial edible food generators in (a)(1). 7 (b) In complying with this section the county in coordination with jurisdictions and 8 regional agencies located within the county shall consult with food recovery 9 organizations and food recovery services regarding existing, or proposed new and 10 expanded, capacity that could be accessed by the jurisdiction and its commercial edible 11 food generators.
12 (1) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 days 13 regarding available and potential new or expanded capacity. 14 (c) If a county identifies that new or expanded capacity is needed to recover the amount 15 of edible food identified in Subdivision (a), then each jurisdiction within that county that 16 lacks capacity shall:
17 (1) Submit an implementation schedule to the Department that demonstrates how it 18 will ensure there is enough new or expanded capacity to recover the edible food 19 currently disposed by commercial edible food generators within its jurisdiction by the 20 end of the reporting period set forth in Section 18992.3 of this article. 21 (A) The implementation schedule shall include timelines and milestones for 22 planning efforts to access additional new or expanded capacity including, but not 23 limited to:
24 1. Obtaining funding for edible food recovery infrastructure including, but not 25 limited to, modifying franchise agreements or demonstrating other means of 26 financially supporting the expansion of edible food recovery capacity. 27 2. Identification of facilities, operations, and activities inside the county that 28 could be used for additional capacity.
29 (2) Consult with food recovery organizations and food recovery services regarding 30 existing, or proposed new and expanded, capacity that could be accessed by the 31 jurisdiction and its commercial edible food generators. 32 (d) If a county finds that new or expanded capacity is needed pursuant to Subdivision 33 (c) then on or before the county submits the report required pursuant to Section 34 18992.3, the county shall notify the jurisdiction or jurisdictions that lack sufficient 35 capacity.
36 (e) A jurisdiction or regional agency contacted by a county pursuant to this section shall 37 respond to the county’s request for the information necessary to comply with the 38 requirements of this section within 120 days of receiving the request from the county. 39 (1) If a jurisdiction or regional agency fails to provide the information necessary to 40 comply with the requirements of this article within 120 days, the county is not 41 required to include estimates for that jurisdiction in the report it submits pursuant to 42 Section 18992.3.
43 (2) In the report submitted pursuant to Section 18992.3 the county shall identify any 44 jurisdiction that did not provide the information necessary to comply with the 45 requirements of this section within 120 days of receiving a request from the county.
Department of Resources SLCP Regulations
Recycling and Recovery Page 92 of 127 November 2020
1 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 2 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 3 Section 39730.6.
4 Section 18992.3. Schedule For Reporting.
5 (a) Counties, in coordination with jurisdictions and regional agencies located within the 6 county, shall conduct the planning requirements of Sections 18992.1 and 18992.2, on 7 the following schedule:
8 (1) August 1, 2022 counties shall report to the Department on the period covering 9 January 1, 2022 through December 31, 2024.
10 (A) Jurisdictions that are exempt from the organic waste collection requirements 11 pursuant to Section 18984.12, are not required to conduct the capacity planning 12 required in Section 18992.1 and are not required to include capacity plans 13 required by Section 18992.1 in the first reporting period. 14 (2) August 1, 2024 counties shall report to the Department on the period covering 15 January 1, 2025 through December 31, 2034.
16 (3) August 1, 2029 counties shall report to the Department on the period covering 17 January 1, 2030 through December 31, 2039.
18 (4) August 1, 2034 counties shall report to the Department on the period covering 19 January 1, 2035 through December 31, 2044.
20 (b) If a jurisdiction is required to submit an implementation schedule pursuant to Section 21 18992.1 or 18992.2 the implementation schedule shall be submitted 120 days following 22 the date the county submitted the report to the Department. 23 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 24 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 25 Section 39730.6.
26 Article 12. Procurement of Recovered Organic Waste Products 27 Section 18993.1. Recovered Organic Waste Product Procurement Target. 28 (a) Except as otherwise provided, commencing January 1, 2022, a jurisdiction shall 29 annually procure a quantity of recovered organic waste products that meets or exceeds 30 its current annual recovered organic waste product procurement target as determined 31 by this article. For the purposes of this section, “jurisdiction” means a city, a county or a 32 city and county.
33 (b) On or before January 1, 2022, and on or before January 1 every five years 34 thereafter, the Department shall recalculate the annual recovered organic waste product 35 procurement target for each jurisdiction according to the requirements of Subdivision 36 (c).
37 (c). Each jurisdiction’s recovered organic waste product procurement target shall be 38 calculated by multiplying the per capita procurement target by the jurisdiction population 39 where:
40 (1) Per capita procurement target = 0.08 tons of organic waste per California resident 41 per year.
Department of Resources SLCP Regulations
Recycling and Recovery Page 93 of 127 November 2020
1 (2) Jurisdiction population equals the number of residents in a jurisdiction, using the 2 most recent annual data reported by the California Department of Finance. 3 (d) Annually, the Department shall provide notice to each jurisdiction of its annual 4 recovered organic waste product procurement target by posting such information on the 5 Department’s website and providing written notice directly to the jurisdiction. 6 (e) A jurisdiction shall comply with Subdivision (a) by one or both of the following:
7 (1) Directly procuring recovered organic waste products for use or giveaway. 8 (2) Requiring, through a written contract or agreement, that a direct service provider 9 to the jurisdiction procure recovered organic waste products and provide written 10 documentation of such procurement to the jurisdiction. 11 (f) For the purposes of this article, the recovered organic waste products that a 12 jurisdiction may procure to comply with this article are:
13 (1) Compost, subject to any applicable limitations of Public Contract Code Section 14 22150, that is produced at:
15 (A) A compostable material handling operation or facility permitted or authorized 16 under Chapter 3.1 of this division; or
17 (B) A large volume in-vessel digestion facility as defined and permitted under 18 Chapter 3.2 of this division that composts on-site. [NOTE: Digestate, as defined in 19 Section 18982(a)(16.5), is a distinct material from compost and is thus not a 20 recovered organic waste product eligible for use in complying with this Article.] 21 (2) Renewable gas used for fuel for transportation, electricity, or heating applications. 22 (3) Electricity from biomass conversion.
23 (4) Mulch, provided that the following conditions are met for the duration of the 24 applicable procurement compliance year:
25 (A) The jurisdiction has an enforceable ordinance, or similarly enforceable 26 mechanism, that requires the mulch procured by the jurisdiction to comply with this 27 article to meet or exceed the physical contamination, maximum metal 28 concentration, and pathogen density standards for land application specified in 29 Section 17852(a)(24.5)(A)1. through 3. of this division; and 30 (B) The mulch is produced at one or more of the following:
31 1. A compostable material handling operation or facility as defined in Section 32 17852(a)(12), other than a chipping and grinding operation or facility as defined 33 in Section 17852(a)(10), that is permitted or authorized under this division; or 34 2. A transfer/processing facility or transfer/processing operation as defined in 35 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized 36 under this division; or
37 3. A solid waste landfill as defined in Public Resources Code Section 40195.1 38 that is permitted under Division 2 of Title 27 of the California Code of 39 Regulations.
40 (g) The following conversion factors shall be used to convert tonnage in the annual 41 recovered organic waste product procurement target for each jurisdiction to equivalent 42 amounts of recovered organic waste products:
43 (1) One ton of organic waste in a recovered organic waste product procurement 44 target shall constitute:
45 (A) 21 diesel gallon equivalents, or “DGE,” of renewable gas in the form of 46 transportation fuel.
Department of Resources SLCP Regulations
Recycling and Recovery Page 94 of 127 November 2020
1 (B) 242 kilowatt-hours of electricity derived from renewable gas. 2 (C) 22 therms for heating derived from renewable gas. 3 (D) 650 kilowatt-hours of electricity derived from biomass conversion. 4 (E) 0.58 tons of compost or 1.45 cubic yards of compost. 5 (F) One ton of mulch.
6 (h) Renewable gas procured from a POTW may only count toward a jurisdiction’s 7 recovered organic waste product procurement target provided the following conditions 8 are met for the applicable procurement compliance year:
9 (1) The POTW receives organic waste directly from one or more of the following:
10 (A) A compostable material handling operation or facility as defined in Section 11 17852(a)(12), other than a chipping and grinding operation or facility as defined in 12 Section 17852(a)(10), that is permitted or authorized under this division; or 13 (B) A transfer/processing facility or transfer/processing operation as defined in 14 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 15 this division; or
16 (C) A solid waste landfill as defined in Public Resources Code Section 40195.1 17 that is permitted under Division 2 of Title 27 of the California Code of Regulations. 18 (2) The POTW is in compliance with the exclusion described in Section 19 17896.6(a)(1).
20 (3) The jurisdiction receives a record from the POTW documenting the tons of 21 organic waste received by the POTW from all solid waste facilities described in 22 subsection (h)(1) above.
23 (4) The amount of renewable gas a jurisdiction or jurisdictions procured from the 24 POTW for fuel, electricity or heating applications is less than or equal to the POTW’s 25 production capacity of renewable gas generated from organic waste received at the 26 POTW directly from solid waste facilities as determined using the relevant conversion 27 factors in Subdivision (g).
28 (5) The POTW transported less than 25 percent of the biosolids it produced to 29 activities that constitute landfill disposal.
30 (i) Electricity procured from a biomass conversion facility may only count toward a 31 jurisdiction’s recovered organic waste product procurement target if the biomass 32 conversion facility receives feedstock directly from one or more of the following during 33 the duration of the applicable procurement compliance year:
34 (1) A compostable material handling operation or facility as defined in Section 35 17852(a)(12), other than a chipping and grinding operation or facility as defined in 36 Section 17852(a)(10), that is permitted or authorized under this division; or 37 (2) A transfer/processing facility or transfer/processing operation as defined in 38 Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 39 this division; or
40 (3) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is 41 permitted under Division 2 of Title 27 of the California Code of Regulations. 42 (j) If a jurisdiction’s annual recovered organic waste product procurement target 43 exceeds the jurisdiction’s total procurement of transportation fuel, electricity, and gas for 44 heating applications from the previous calendar year as determined by the conversion 45 factors in Subdivision (g), the target shall be adjusted to an amount equal to its total
Department of Resources SLCP Regulations
Recycling and Recovery Page 95 of 127 November 2020
1 procurement of those products as converted to their recovered organic waste product 2 equivalent from the previous year consistent with Subdivision (g). 3 (k) A jurisdiction shall identify additional procurement opportunities within the 4 jurisdiction’s departments and divisions for expanding the use of recovered organic 5 waste products.
6 (l) Rural counties, and jurisdictions located within rural counties that are exempt from 7 the organic waste collection requirements pursuant to Section 18984.12(c), are not 8 required to comply with the procurement requirements in this Section from January 1, 9 2022-December 31, 2026.
10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Sections 39730.6 and 39730.8.
13 Section 18993.2. Recordkeeping Requirements For Recovered Organic Waste 14 Procurement Target.
15 (a) A jurisdiction, as defined in 18993.1(a), shall include all documents supporting its 16 compliance with this article in the implementation record required by Section 18995.2 of 17 this chapter including, but not limited to, the following:
18 (1) A description of how the jurisdiction will comply with the requirements of this 19 article.
20 (2) The name, physical location, and contact information of each entity, operation, or 21 facility from whom the recovered organic waste products were procured, and a 22 general description of how the product was used, and if applicable, where the 23 product was applied.
24 (3) All invoices or similar records evidencing all procurement. 25 (4) If a jurisdiction will include procurement of recovered organic waste products 26 made by a direct service provider to comply with the procurement requirements of 27 Section 18993.1(a), the jurisdiction shall include all records of procurement of 28 recovered organic waste products made by the direct service provider on behalf of 29 the jurisdiction including invoices or similar records evidencing procurement. 30 (5) If a jurisdiction will include renewable gas procured from a POTW for any of the 31 uses identified in 18993.1(f)(2) to comply with the procurement mandate of Section 32 18993.1(a), a written certification by an authorized representative of the POTW, 33 under penalty of perjury in a form and manner determined by the jurisdiction, 34 attesting to the following for the applicable procurement compliance year:
35 (A) That the POTW was in compliance with the exclusion in Section 17896.6(a)(1); 36 (B) The total tons of organic waste received from the types of solid waste facilities 37 listed in Section 18993.1(h)(1); and
38 (C) The percentage of biosolids that the POTW produced and transported to 39 activities that constitute landfill disposal.
40 (6) If a jurisdiction will include electricity procured from a biomass conversion facility 41 to comply with the procurement mandate of Section 18993.1(a), a written certification 42 by an authorized representative of the biomass conversion facility certifying that 43 biomass feedstock was received from a permitted solid waste facility identified in
Department of Resources SLCP Regulations
Recycling and Recovery Page 96 of 127 November 2020
1 18993.1(i) shall be provided to the jurisdiction. The certification shall be furnished 2 under penalty of perjury in a form and manner determined by the jurisdiction. 3 (7) If the jurisdiction is implementing the procurement requirements of Section 4 18993.1 through an adjusted recovered organic waste product procurement target 5 pursuant to Section 18993.1(j), the jurisdiction shall include records evidencing the 6 total amount of transportation fuel, electricity, and gas for heating applications 7 procured during the calendar year prior to the applicable reporting period. 8 (8) For jurisdictions complying with the requirements of Section 18993.1, through the 9 procurement of mulch, a copy of the ordinance or similarly enforceable mechanism 10 the jurisdiction has adopted requiring that mulch procured by the jurisdiction or a 11 direct service provider meets the land application standards specified in Section 12 18993.1.
13 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 14 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 15 Section 39730.6.
16 Section 18993.3. Recycled Content Paper Procurement Requirements. 17 (a) A jurisdiction shall procure paper products, and printing and writing paper, consistent 18 with the requirements of Sections 22150-22154 of the Public Contract Code. 19 (b) In addition to meeting the requirements of Subdivision (a), paper products and 20 printing and writing paper shall be eligible to be labeled with an unqualified recyclable 21 label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 as published 22 January 1, 2013, which is hereby incorporated by reference. 23 (c) A jurisdiction shall require all businesses from whom it purchases paper products 24 and printing and writing paper to certify in writing:
25 (1) The minimum percentage, if not the exact percentage, of postconsumer material 26 in the paper products and printing and writing paper offered or sold to the jurisdiction. 27 The certification shall be furnished under penalty of perjury in a form and manner 28 determined by the jurisdiction. A jurisdiction may waive the certification requirement if 29 the percentage of postconsumer material in the paper products, printing and writing 30 paper, or both can be verified by a product label, catalog, invoice, or a manufacturer 31 or vendor Internet website.
32 (2) That the paper products and printing and writing paper offered or sold to the 33 jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 34 16 CFR Section 260.12 as published January 1, 2013, which is hereby incorporated 35 by reference.
36 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5, 37 and Health and Safety Code Section 39730.6.
38 Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 39 39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154.
Department of Resources SLCP Regulations
Recycling and Recovery Page 97 of 127 November 2020
1 Section 18993.4. Recordkeeping Requirements for Recycled Content Paper 2 Procurement.
3 (a) A jurisdiction shall include all documents supporting its compliance with this article in 4 the implementation record required by Section 18995.2 of this chapter including, but not 5 limited to, the following:
6 (1) Copies of invoices, receipts or other proof of purchase that describe the 7 procurement of paper products by volume and type for all paper purchases. 8 (2) Copies of all certifications or other verification required under Section 18993.3. 9 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 10 Reference: Public Resources Code Section 42652.5; Health and Safety Code Section 11 39730.6; and Public Contracts Code Sections 22150, 22151, 22152, 22153, and 22154. 12 Article 13. Reporting
13 Section 18994.1. Initial Jurisdiction Compliance Report. 14 (a) Each jurisdiction shall report to the Department on its implementation and 15 compliance with the requirements of this chapter. Each jurisdiction shall report to the 16 Department by April 1, 2022 the following information:
17 (1) A copy of ordinances or other enforceable mechanisms adopted pursuant to this 18 chapter.
19 (2) The reporting items identified in Section 18994.2(b). 20 (3) The following contact information:
21 (A) The name, mailing address, phone number, and email address of the 22 employee of the jurisdiction that the jurisdiction has designated as the primary 23 contact person for the purposes of receiving communications regarding 24 compliance with this chapter.
25 (B) The name and address of the agent designated by the jurisdiction for the 26 receipt of service of process from the Department for the purposes of enforcement 27 of this chapter if different from (A) above.
28 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 29 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 30 Section 39730.6.
31 Section 18994.2. Jurisdiction Annual Reporting.
32 (a) A jurisdiction shall report the information required in this section to the Department 33 according to the following schedule:
34 (1) On or before October 1, 2022, a jurisdiction shall report for the period of January 35 1, 2022 through June 30, 2022.
36 (2) On or before August 1, 2023, and on or before August 1 each year thereafter, a 37 jurisdiction shall report for the period covering the entire previous calendar year. 38 (b) Each jurisdiction shall report the following, relative to its implementation of the 39 organic waste collection requirements of Article 3 of this chapter:
40 (1) The type of organic waste collection service(s) provided by the jurisdiction to its 41 generators.
Department of Resources SLCP Regulations
Recycling and Recovery Page 98 of 127 November 2020
1 (2) The total number of generators that receive each type of organic waste collection 2 service provided by the jurisdiction.
3 (3) If the jurisdiction is implementing an organic waste collection service that requires 4 transport of the contents of containers to a high diversion organic waste processing 5 facility, the jurisdiction shall identify the Recycling and Disposal Reporting System 6 number of each facility that receives organic waste from the jurisdiction. 7 (4) If the jurisdiction allows placement of compostable plastics in containers pursuant 8 to Section 18984.1 or 18984.2, the jurisdiction shall identify each facility that has 9 notified the jurisdiction that it accepts and recovers that material. 10 (5) If the jurisdiction allows organic waste to be collected in plastic bags and placed in 11 containers pursuant to Section 18984.1 or 18984.2 the jurisdiction shall identify each 12 facility that has notified the jurisdiction that it can accept and remove plastic bags 13 when it recovers source separated organic waste.
14 (c) Each jurisdiction shall report the following, relative to its implementation of the 15 contamination monitoring requirements of Article 3 of this chapter:
16 (1) The number of route reviews conducted for prohibited container contaminants. 17 (2) The number of times notices, violations, or targeted education materials were 18 issued to generators for prohibited container contaminants. 19 (3) The results of waste evaluations performed to meet the container contamination 20 minimization requirements and the number of resulting targeted route reviews. 21 (d) Each jurisdiction shall report the following relative to its implementation of waivers 22 pursuant to Article 3 of this chapter:
23 (1) The number of days an emergency circumstances waiver as allowed in Section 24 18984.13 was in effect and the type of waiver issued. 25 (2) The tons of organic waste that were disposed as a result of waivers identified in 26 Subsection (1), except disaster and emergency waivers granted in Section 27 18984.13(b).
28 (3) The number of generators issued a de-minimis waiver. 29 (4) The number of generators issued a physical space waiver. 30 (5) A jurisdiction that receives a waiver from the Department pursuant to Section 31 18984.12 of Article 3 of this chapter shall report the following information for each 32 year the waiver is in effect:
33 (A) The number of generators waived from the requirement to subscribe to an 34 organic waste collection service.
35 (e) A jurisdiction shall report the following regarding its implementation of education and 36 outreach required in Article 4 of this chapter:
37 (1) The number of organic waste generators and edible food generators that received 38 information and the type of education and outreach used. 39 (f) A jurisdiction shall report the following regarding its implementation of the hauler 40 oversight requirements of Article 7 of this chapter:
41 (1) The number of haulers approved to collect organic waste in the jurisdiction. 42 (2) The Recycling and Disposal Reporting System number of each facility that is 43 receiving organic waste from haulers approved by the jurisdiction. 44 (3) The number of haulers that have had their approval revoked or denied.
Department of Resources SLCP Regulations
Recycling and Recovery Page 99 of 127 November 2020
1 (g) A jurisdiction subject to article 8 shall report the following regarding its 2 implementation of the CALGreen Building Standards and Model Water Efficient 3 Landscape Ordinance as required in Article 8 of this chapter:
4 (1) The number of construction and demolition debris removal activities conducted in 5 compliance with Section 18989.1.
6 (2) The number of projects subject to Section 18989.2. 7 (h) A jurisdiction shall report the following regarding its implementation of the edible 8 food recovery requirements of Article 10 of this chapter:
9 (1) The number of commercial edible food generators located within the jurisdiction. 10 (2) The number of food recovery services and organizations located and operating 11 within the jurisdiction that contract with or have written agreements with commercial 12 edible food generators for food recovery.
13 (A) A jurisdiction shall require food recovery organizations and services that are 14 located within the jurisdiction and contract with or have written agreements with 15 commercial edible food generators pursuant to Section 18991.3 (b) to report the 16 amount of edible food in pounds recovered by the service or organization in the 17 previous calendar year to the jurisdiction.
18 (3) The jurisdiction shall report on the total pounds of edible food recovered by food 19 recovery organizations and services pursuant to Subdivision (h)(2)(A). 20 (i) A jurisdiction shall report the following regarding its implementation of the organic 21 waste recycling capacity planning and edible food recovery capacity planning 22 requirements of Article 11 of this chapter:
23 (1) A county shall report:
24 (A) The tons estimated to be generated for landfill disposal. 25 (B) The amount of capacity verifiably available to the county and cities within the 26 county.
27 (C) The amount of new capacity needed.
28 (D) The locations identified for new or expanded facilities. 29 (E) The jurisdictions that are required to submit implementation schedules. 30 (F) The jurisdictions that did not provide information required by Article 11 of this 31 chapter to the county within 120 days.
32 (2) Notwithstanding Subdivision (a), the information required by this subdivision shall 33 be reported on the schedule specified in Section 18992.3. 34 (j) A jurisdiction, as defined in Sections 18993.1, shall report the following regarding its 35 implementation of the procurement requirements of Article 12 of this chapter:
36 (1) The amount of each recovered organic waste product procured directly by the 37 city, county, or through direct service providers, or both during the prior calendar 38 year.
39 (2) If the jurisdiction is implementing the procurement requirements of Section 40 18993.1 through an adjusted recovered organic waste product procurement target 41 pursuant to Section 18993.1(j), the jurisdiction shall include in its report the total 42 amount of transportation fuel, electricity, and gas for heating applications procured 43 during the calendar year prior to the applicable reporting period. 44 (k) A jurisdiction shall report the following regarding its implementation of the 45 compliance, monitoring, and enforcement requirements specified in Articles 14-16 of 46 this chapter:
Department of Resources SLCP Regulations
Recycling and Recovery Page 100 of 127 November 2020
1 (1) The number of commercial businesses that were included in a compliance review 2 performed by the jurisdiction pursuant to Section 18995.1(a)(1). As well as the 3 number of violations found and corrected through compliance reviews if different from 4 the amount reported in Subdivision (k)(5).
5 (2) The number of route reviews conducted.
6 (3) The number of inspections conducted by type for commercial edible food 7 generators, food recovery organizations, and commercial businesses. 8 (4) The number of complaints pursuant to Section 18995.3 that were received and 9 investigated, and the number of Notices of Violation issued based on investigation of 10 those complaints.
11 (5) The number of Notices of Violation issued, categorized by type of entity subject to 12 this chapter.
13 (6) The number of penalty orders issued, categorized by type of entity subject to this 14 chapter.
15 (7) The number of enforcement actions that were resolved, categorized by type of 16 regulated entity.
17 (l) A jurisdiction shall report any changes to the information described in Sections 18 18994.1(a)(1) and 18994.1(a)(3).
19 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 20 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 21 Section 39730.6.
22 Article 14 Enforcement Requirements
23 Section 18995.1. Jurisdiction Inspection Requirements. 24 (a) On or before January 1, 2022, a jurisdiction shall have an inspection and 25 enforcement program that is designed to ensure overall compliance with this chapter 26 and that, at a minimum, includes the following requirements:
27 (1) Beginning January 1, 2022, and at least annually thereafter, a jurisdiction shall 28 conduct the following:
29 (A) If the jurisdiction is using the compliance method described in Section 18984.1 30 or 18984.2 of this division, the jurisdiction shall complete a compliance review of 31 all solid waste collection accounts for commercial businesses that are subject to its 32 authority and that generate two cubic yards or more per week of solid waste, 33 including organic waste.
34 1. The jurisdiction shall also determine compliance with:
35 i. Organic waste generator requirements set forth in Section 18984.9(a). 36 ii. Self-haul requirements set forth in Section 18988.3, including whether a 37 business is complying through back-hauling organic waste. 38 2. Beginning April 1, 2022, the jurisdiction shall either:
39 i. Conduct annual route reviews of commercial businesses and residential 40 generators for compliance with organic waste generator requirements set 41 forth in Section 18984.9(a) and container contamination requirements set 42 forth in Section 18984.5; or
Department of Resources SLCP Regulations
Recycling and Recovery Page 101 of 127 November 2020
1 ii. Perform waste evaluations consistent with Section 18984.5(c) to verify 2 commercial businesses and residential generators compliance with organic 3 waste generator requirements set forth in Section 18984.9(a). 4 (B) If a jurisdiction is using the compliance method described in Section 18984.3, 5 the jurisdiction shall conduct a compliance review of all solid waste collection 6 accounts for commercial businesses that are subject to its authority and generate 7 two cubic yards or more per week of solid waste, including organic waste. 8 1. The jurisdiction shall also determine compliance with:
9 i. Organic waste generator requirements set forth in Section 18984.9(a) and 10 document if the business is transporting the contents to a high diversion 11 organic waste processing facility; or
12 ii. Self-hauling requirements pursuant to Section 18988.3, including whether 13 a business is complying through back-hauling organic waste. 14 (2) Beginning January 1, 2022, conduct inspections of Tier One commercial edible 15 food generators and food recovery organizations and services for compliance with 16 this chapter. Beginning January 1, 2024, conduct inspections of Tier Two commercial 17 edible food generators for compliance with Article 10 of this chapter. 18 (3) Beginning January 1, 2022, investigate complaints as required under Section 19 18995.3.
20 (4) Beginning January 1, 2022 and until December 31, 2023, a jurisdiction shall 21 provide educational material describing the applicable requirements of this chapter in 22 response to violations.
23 (5) Beginning January 1, 2024, a jurisdiction shall enforce this chapter pursuant to 24 Sections 18995.4 and 18997.2 in response to violations. 25 (6) At least every five years from the date of issuance, verify through inspection that 26 commercial businesses are meeting de minimis and physical space waivers for 27 compliance consistent with the requirements of Section 18984.11. 28 (b) A jurisdiction shall conduct a sufficient number of route reviews and inspections of 29 entities described in this section to adequately determine overall compliance with this 30 chapter. A jurisdiction may prioritize inspections of entities that it determines are more 31 likely to be out of compliance.
32 (c) A jurisdiction shall generate a written or electronic record for each inspection, route 33 review, and compliance review conducted pursuant to this chapter. Each record shall 34 include, at a minimum, the following information:
35 (1) Identifying information for the subject or subjects of the inspection, route review or 36 compliance review, such as, but not limited to:
37 (A) The name or account name of each person or entity. 38 (B) A description of the hauler route and addresses covered by a route review. 39 (C) A list of accounts reviewed for each compliance review. 40 (2) The date or dates the inspection, route review, or compliance review was 41 conducted.
42 (3) The person or persons who conducted the action.
43 (4) The jurisdiction’s findings regarding compliance with this chapter, including any 44 Notices of Violation or educational materials that were issued. 45 (5) Any relevant evidence supporting the findings in Subsection (4) above, such as, 46 but not limited to, photographs and account records.
Department of Resources SLCP Regulations
Recycling and Recovery Page 102 of 127 November 2020
1 (6) Route review records shall also include a description of the locations of the route 2 review(s) and the addresses where prohibited container contaminants are found, if 3 any.
4 (d) Documentation of route reviews, compliance reviews, and inspections, as well as all 5 other records of enforcement conducted pursuant to this chapter shall be maintained in 6 the Implementation Record required by Section 18995.2 of this chapter, and shall 7 include, but not be limited to:
8 (1) Copies of all documentation of route reviews, compliance reviews, and 9 inspections.
10 (2) Copies of all enforcement actions required by Section 18995.4 of this chapter, 11 including Notices of Violation and penalty orders.
12 (3) A list of the date(s) that the jurisdiction determined an entity complied with a 13 Notice of Violation and the evidence that supports that compliance determination. 14 (4) Copies of notices and educational material provided as required by this section. 15 (e) Consistent with Section 18981.2, a jurisdiction may have a designee conduct 16 inspections required by this section.
17 (f) Any records obtained by a jurisdiction through its implementation and enforcement of 18 the requirements of this chapter shall be subject to the requirements and applicable 19 disclosure exemptions of the Public Records Act as set forth in Government Code 20 Section 6250 et seq.
21 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 22 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 23 Section 39730.6.
24 Section 18995.2. Implementation Record and Recordkeeping Requirements. 25 (a) A jurisdiction shall maintain all records required by this chapter in the 26 Implementation Record.
27 (b) The Implementation Record shall be stored in one central location, physical or 28 electronic, that can be readily accessed by the Department. 29 (c) Upon request by the Department, the jurisdiction shall provide access to the 30 Implementation Record within ten business days.
31 (d) All records and information shall be included in the Implementation Record within 60 32 days of the creation of the record or information.
33 (e) All records shall be retained by the jurisdiction for five years. 34 (f) At a minimum, the following shall be included in the Implementation Record:
35 (1) A copy of all ordinances or other similarly enforceable mechanisms, contracts, 36 and agreements, as required by this chapter.
37 (2) A written description of the jurisdiction's inspection and enforcement program that 38 it uses to comply with Sections 18995.1 and 18995.4. 39 (3) All organic waste collection service records required by Section 18984.4. 40 (4) All contamination minimization records required by Section 18984.6. 41 (5) All waiver and exemption records required by Section 18984.14. 42 (6) All education and outreach records required by Section 18985.3. 43 (7) All hauler program records required by Section 18988.4. 44 (8) All jurisdiction edible food recovery program records required by Section 18991.2.
Department of Resources SLCP Regulations
Recycling and Recovery Page 103 of 127 November 2020
1 (9) All recovered organic waste procurement target records required by Section 2 18993.2.
3 (10) All recycled content paper procurement records required by Section 18993.4. 4 (11) All inspection, route review, and compliance review documents generated 5 pursuant to the requirements of Section 18995.1(d).
6 (12) All records of enforcement actions undertaken pursuant to this chapter. 7 (13) All records of complaints and investigations of complaints required by Section 8 18995.3 and compliance with the jurisdiction’s inspection and enforcement 9 requirements of Sections 18995.1.
10 (14) All records required by Section 18998.4 if the jurisdiction is implementing a 11 performance-based source separated organic waste collection service under Article 12 17 of this chapter.
13 (g) All records maintained in the Implementation Record shall be subject to the 14 requirements and applicable disclosure exemptions of the Public Records Act as set 15 forth in Government Code Section 6250 et seq.
16 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 17 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 18 Section 39730.6.
19 Section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations. 20 (a) A jurisdiction shall provide a procedure for the receipt and investigation of written 21 complaints of alleged violations of this chapter. The jurisdiction shall allow for the 22 submission of anonymous complaints.
23 (b) The procedure shall provide that complaints be in writing and include the following 24 information:
25 (1) If the complaint is not anonymous, the name and contact information of the 26 complainant.
27 (2) The identity of the alleged violator, if known.
28 (3) A description of the alleged violation including location(s) and all other relevant 29 facts known to the complainant.
30 (4) Any relevant photographic or documentary evidence to support the allegations in 31 the complaint.
32 (5) The identity of any witnesses, if known.
33 (c) A jurisdiction shall commence an investigation within 90 days of receiving a 34 complaint that meets the requirements of Subdivision (b) if the jurisdiction determines 35 that the allegations, if true, would constitute a violation of this chapter. The jurisdiction 36 may decline to investigate a complaint if, in its judgment, investigation is unwarranted 37 because the allegations are contrary to facts known to the jurisdiction. 38 (d)The jurisdiction shall provide a procedure to notify a complainant of the results of 39 their complaint if the identity and contact information of the complainant are known. 40 (e) The jurisdiction shall maintain records of all complaints and responses pursuant to 41 this section in the Implementation Record set forth in Section 18995.2. The records 42 shall include the complaint as received and the jurisdiction’s determination of 43 compliance or notice of violations issued.
Department of Resources SLCP Regulations
Recycling and Recovery Page 104 of 127 November 2020
1 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 2 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 3 Section 39730.6.
4 Section 18995.4. Enforcement by a Jurisdiction.
5 (a) With the exception of violations of the prohibited container contaminants provisions 6 in Section 18984.5(a), which a jurisdiction shall enforce through the notice provisions of 7 Section 18984.5(b), for violations of this chapter occurring on or after January 1, 2024, 8 the jurisdiction shall take enforcement action as set forth in this section. 9 (1) The jurisdiction shall issue a Notice of Violation requiring compliance within 60 10 days of the issuance of that notice.
11 (2) Absent compliance by the respondent within the deadline set forth in the Notice 12 of Violation, the jurisdiction shall commence an action to impose penalties pursuant 13 to Article 16 of this chapter.
14 (b) The jurisdiction may extend the compliance deadlines set forth in a Notice of 15 Violation issued pursuant to Subdivision (a) if it finds that extenuating circumstances 16 beyond the control of the respondent make compliance within the deadlines 17 impracticable. For purposes of this section, extenuating circumstances are:
18 (1) Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or 19 natural disasters;
20 (2) Delays in obtaining discretionary permits or other government agency approvals; 21 and
22 (3) Deficiencies in organic waste recycling capacity infrastructure or edible food 23 recovery capacity, and the relevant jurisdiction is under a Corrective Action Plan 24 pursuant to Section 18996.2 due to those deficiencies. 25 (c) A Notice of Violation shall include the following information:
26 (1) The name(s), or account name(s) if different, of each person or entity to whom it 27 is directed.
28 (2) A factual description of the violations of this chapter, including the regulatory 29 section(s) being violated.
30 (3) A compliance date by which the operator is to take specified action(s). 31 (4) The penalty for not complying within the specified compliance date. 32 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 33 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 34 Section 39730.6.
35 Article 15. Enforcement Oversight by the Department
36 Section 18996.1. Department Evaluation of Jurisdiction Compliance. 37 (a) The Department shall evaluate a jurisdiction’s compliance with this chapter as set 38 forth in this article.
39 (b) In conducting a compliance evaluation, the Department shall review the jurisdiction’s 40 Implementation Record and may conduct inspections, compliance reviews, and route 41 reviews.
Department of Resources SLCP Regulations
Recycling and Recovery Page 105 of 127 November 2020
1 (c) The Department shall notify the jurisdiction prior to conducting a compliance 2 evaluation.
3 (d) The Department shall provide its findings to the jurisdiction in writing. 4 (e) If the Department determines at any time that an ordinance adopted by a jurisdiction 5 is inconsistent with or does not meet the requirements set forth in this chapter, the 6 Department shall notify the jurisdiction and provide an explanation of the deficiencies. 7 The jurisdiction shall have 180 days from that notice to correct the deficiencies. If the 8 jurisdiction does not, the Department shall commence enforcement actions as set forth 9 in Section 18996.2.
10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6.
13 Section 18996.2. Department Enforcement Action Over Jurisdictions. 14 (a) The Department shall enforce this chapter according to the following procedures:
15 (1) Issue a Notice of Violation requiring compliance within 90 days of the date of 16 issuance of that notice. The Department shall grant an extension for up to a total of 17 180 days from the date of issuance of the Notice of Violation if it finds that additional 18 time is necessary for the jurisdiction to comply.
19 (2) The Department shall extend the deadline for a jurisdiction to comply beyond the 20 maximum compliance deadline allowed in Subdivision (a)(1) by issuing a Corrective 21 Action Plan setting forth the actions a jurisdiction shall take to correct the violation(s). 22 A Corrective Action Plan shall be issued if the Department finds that additional time is 23 necessary for the jurisdiction to comply and the jurisdiction has made a substantial 24 effort to meet the maximum compliance deadline but extenuating circumstances 25 beyond the control of the jurisdiction make compliance impracticable. The 26 Department shall base its finding on available evidence, including relevant evidence 27 provided by the jurisdiction.
28 (A) If a jurisdiction is unable to comply with the maximum compliance deadline 29 allowed in Subdivision (a)(1) due to deficiencies in organic waste recycling 30 capacity infrastructure, the Department shall issue a Corrective Action Plan for 31 such violations upon making a finding that:
32 1. Additional time is necessary for the jurisdiction to comply; and 33 2. The jurisdiction has provided organic waste collection service to all hauler 34 routes where it is practicable and the inability to comply with the maximum 35 compliance deadline in Subdivision (a)(1) is limited to only those hauler routes 36 where organic waste recycling capacity infrastructure deficiencies have caused 37 the provision of organic waste collection service to be impracticable. 38 3. The Department shall, if applicable, consider implementation schedules, as 39 described in Section 18992.1, for purposes of developing a Corrective Action 40 Plan but shall not be restricted in mandating actions to remedy violation(s) and 41 developing applicable compliance deadline(s) to those provided in the 42 Implementation Schedule.
43 (B) For the purposes of this section, “substantial effort” means that a jurisdiction 44 has taken all practicable actions to comply. Substantial effort does not include
Department of Resources SLCP Regulations
Recycling and Recovery Page 106 of 127 November 2020
1 circumstances where a decision-making body of a jurisdiction has not taken the 2 necessary steps to comply with the chapter including, but not limited to, a failure to 3 provide adequate staff resources to meet its obligations under this chapter, a 4 failure to provide sufficient funding to ensure compliance, or failure to adopt the 5 ordinance(s) or similarly enforceable mechanisms under Section 18981.2. 6 (C) For the purposes of this section, “extenuating circumstances” are:
7 1. Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 8 emergencies or natural disasters.
9 2. Delays in obtaining discretionary permits or other government agency 10 approvals.
11 3. An organic waste recycling infrastructure capacity deficiency requiring more 12 than 180 days to cure.
13 (3) A Corrective Action Plan shall be issued by the Department with a maximum 14 compliance deadline no more than 24 months from the date of the original Notice of 15 Violation and shall include a description of each action the jurisdiction shall take to 16 remedy the violation(s) and the applicable compliance deadline(s) for each action. 17 The Corrective Action Plan shall describe the penalties that may be imposed if a 18 jurisdiction fails to comply.
19 (A) An initial Corrective Action Plan issued due to inadequate organic waste 20 recycling infrastructure capacity may be extended for a period of up to 12 months 21 if the department finds that the jurisdiction has demonstrated substantial effort. 22 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 23 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 24 Section 39730.6.
25 Section 18996.3. Department Enforcement When Jurisdiction Fails to Enforce. 26 The Department shall take direct enforcement action against an entity subject to a 27 jurisdiction’s enforcement authority under this chapter consistent with the following 28 requirements:
29 (a) If the jurisdiction fails to comply by the deadline in a Notice of Violation, or extension 30 thereto, issued under Section 18996.2(a)(1) for failure to take enforcement action as 31 required by this chapter, the Department shall take direct enforcement action against 32 that entity pursuant to Section 18996.9 upon the Department’s compliance with 33 Subdivision (b).
34 (b) Prior to initiating enforcement action under Section 18996.9 against the entity, the 35 Department shall notify the jurisdiction in writing of its intent to do so and shall include a 36 general description of the grounds for the Department’s action. 37 (c) Nothing in this section shall be construed as a limitation on the Department taking 38 enforcement action against the jurisdiction for a failure to comply with the requirements 39 of this chapter.
40 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 41 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 42 Section 39730.6.
Department of Resources SLCP Regulations
Recycling and Recovery Page 107 of 127 November 2020
1 Section 18996.4. Access for Inspection by the Department. 2 (a) Upon presentation of proper credentials, an authorized Department employee or 3 agent shall be allowed to enter the premises of any entity subject to this chapter during 4 normal working hours to conduct inspections and investigations in order to examine 5 organic waste recovery activities, edible food recovery activities, and records in order to 6 determine compliance with this chapter. Methods may include, but are not limited to, 7 allowing the review or copying or both, of any paper, electronic, or other records 8 required by this chapter.
9 (1) This subdivision is not intended to permit an employee or agent of the Department 10 to enter a residential property.
11 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 12 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 13 Section 39730.6.
14 Section 18996.5. Enforcement Actions Against Organic Waste Generators 15 Located In Multiple Jurisdictions.
16 (a) In matters of substantial statewide concern, where multiple jurisdictions determine 17 that Department enforcement may be more effective at achieving the intent of this 18 chapter than separate enforcement by each jurisdiction, multiple jurisdictions may, 19 together, file a joint enforcement referral under this section. 20 (b) The joint referral may request that the Department take enforcement action in lieu of 21 those jurisdictions against an organic waste generator or generators, including a 22 commercial edible food generator or generators, with locations, at minimum, in each of 23 those jurisdictions.
24 (c) The joint referral shall be filed with the director of CalRecycle and shall include:
25 (1) A statement of facts that includes a description of the following:
26 (A) The relevant locations of the organic waste generator or generators at issue; 27 (B) The alleged violations of this chapter, the locations of those violations, and the 28 relevant regulatory sections; and
29 (C) All evidence known to the jurisdictions that supports the allegations in the 30 statement of facts.
31 (2) An analysis of the following issues:
32 (A) Why the relevant enforcement matter is of substantial statewide concern; and 33 (B) The basis of the finding by the jurisdictions that Department enforcement 34 against the relevant organic waste generator or generators will be more effective 35 at achieving the intent of this chapter than separate enforcement by each 36 jurisdiction.
37 (3) A signature from the person in each jurisdiction responsible for compliance with 38 this chapter, as currently reported to the Department in Article 13, certifying that the 39 allegations contained in the referral are true and correct to the best of their 40 knowledge.
41 (d) The Department shall take enforcement action in lieu of the jurisdictions pursuant to 42 this section and Section 18996.9 upon a finding that:
43 (1) The referral meets the requirements of this section and includes credible evidence 44 supporting all of the factual allegations therein;
Department of Resources SLCP Regulations
Recycling and Recovery Page 108 of 127 November 2020
1 (2) The relevant enforcement matter described in the joint referral is of substantial 2 regional or statewide concern; and
3 (3) Department enforcement action against the relevant organic waste generator will 4 be more effective at achieving the goals of this chapter than separate enforcement by 5 each jurisdiction.
6 (e) The Department shall respond, in writing, to the joint referral with a determination as 7 to whether it will take enforcement action against the relevant generator in lieu of the 8 jurisdictions.
9 (1) If the Department agrees to take enforcement action pursuant to a joint referral, 10 the Department shall issue a written order to the relevant jurisdictions mandating 11 suspension of their individual enforcement actions against the relevant organic waste 12 generator or generators.
13 (2) If the Department fails to respond to a joint referral within 90 days of receipt, the 14 joint referral shall be deemed denied.
15 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 16 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 17 Section 39730.6.
18 Section 18996.6. Department Enforcement Action Regarding State Agencies. 19 (a) If the Department finds that a state agency is violating Article 5 or Article 10 of this 20 chapter, then the Department shall take the following actions:
21 (1) Issue a Notice of Violation requiring compliance within 90 days of the date of 22 issuance of that notice. The Department shall grant an additional extension up to 180 23 days fro m the date of issuance of the Notice of Violation if it finds that additional time 24 is necessary for the state agency to comply. The Department shall base its finding on 25 available evidence, including relevant evidence provided by the state agency. 26 (2) If a state agency fails to comply by the final deadline in a Notice of Violation, the 27 Department shall take the following actions:
28 (A) List the state agency on the Organic Waste Recovery Noncompliance 29 Inventory on the Department’s website until such time as the Department finds that 30 the state agency is no longer in violation.
31 (B) Notify the Governor.
32 (C) Notify the Legislature.
33 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 34 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 35 Section 39730.6.
36 Section 18996.7. Department Enforcement Action Regarding Local Education 37 Agencies and Federal Facilities.
38 (a) If the Department finds that a local education agency or federal facility is violating 39 this chapter, the Department shall issue a Notice of Violation requiring compliance 40 within 90 days. The Department shall grant an additional extension up to 180 days from 41 the date of issuance of the Notice of Violation if it finds that additional time is necessary 42 for the local education agency or federal facility to comply. The Department shall base
Department of Resources SLCP Regulations
Recycling and Recovery Page 109 of 127 November 2020
1 its finding on available evidence, including relevant evidence provided by the local 2 education agency or federal facility. If the local education agency or federal facility fails 3 to comply with the final deadline in a Notice of Violation, the Department shall list the 4 local education agency or federal facility on the Organic Waste Recovery 5 Noncompliance Inventory on its website until such time as the Department determines 6 that the local education agency or federal facility is no longer in violation. 7 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 8 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 9 Section 39730.6.
10 Section 18996.8. Department Investigation of Complaints of Alleged Violations. 11 (a) The Department shall receive and investigate written complaints of alleged violations 12 of this chapter according to the requirements of this section. 13 (b) Complaints may be submitted anonymously, shall be submitted in writing, and shall 14 include the following information.
15 (1) If the complaint is not anonymous, the name and contact information of the 16 complainant.
17 (2) The identity of the alleged violator, if known.
18 (3) A description of the alleged violation including location(s) and all other relevant 19 facts known to the complainant.
20 (4) Any relevant photographic or documentary evidence to support the allegations in 21 the complaint.
22 (5) The identity of any witnesses, if known.
23 (c) The Department shall commence an investigation within 90 days of receiving a 24 complaint that meets the requirements of Subdivision (b) if the Department determines 25 the allegations, if true, would constitute a violation of this chapter subject to the 26 enforcement authority of the Department. The Department may decline to investigate a 27 complaint if, in its judgment, investigation is unwarranted because the allegations are 28 contrary to facts known to the Department. The Department shall notify the complainant 29 of the results of the investigation if the identity and contact information of the 30 complainant are known.
31 (d) If the Department receives a complaint about a violation within the enforcement 32 authority of a jurisdiction, it shall refer the complaint to the jurisdiction for investigation 33 under Section 18995.3.
34 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 35 Reference: Public Resources Code Section 42652.5and Health and Safety Code 36 Section 39730.6.
37 Section 18996.9. Department Enforcement Actions Against Entities. 38 (a) The Department shall take enforcement action against the following entities pursuant 39 to the requirements of this section when a jurisdiction has failed to enforce this chapter 40 as determined under Section 18996.3, or lacks the authority to enforce this chapter:
41 (1) Organic waste generators, commercial edible food generators, haulers, and food 42 recovery organizations and services; and
Department of Resources SLCP Regulations
Recycling and Recovery Page 110 of 127 November 2020
1 (2) A non-local entity that is not subject to Section 18996.6 or 18996.7. 2 (b) Violations of this chapter that are subject to this section shall be enforced as follows:
3 (1) For a first violation:
4 (A) The Department shall issue a Notice of Violation requiring compliance within 5 60 days of the issuance of that notice.
6 (B) If the violation continues after the compliance deadline in the Notice of 7 Violation, the Department shall issue a Notice and Order to Correct requiring 8 compliance within 30 days of issuance of that Notice and Order. The Notice and 9 Order to Correct shall inform the respondent that the Department shall impose 10 penalties upon failure to comply by the deadline in that Notice and Order. 11 (C) If the violation continues after the compliance deadline in the Notice and Order 12 to Correct, the Department shall commence action to impose penalties pursuant to 13 Section 18997.5.
14 (2) For a second or subsequent violation occurring within 5 years of a first violation:
15 (A) The Department shall issue a Notice and Order to Correct requiring 16 compliance within 30 days of the issuance of that Notice and Order. The Notice 17 and Order to Correct shall inform the respondent that the Department may impose 18 penalties upon failure to comply by the deadline in that Notice and Order. 19 (B) If the violation continues after the compliance deadline in the Notice and Order 20 to Correct, the Department shall commence action to impose penalties pursuant to 21 Section 18997.5.
22 (c) The Department shall extend the deadlines set forth in Subdivision (b) if it makes 23 the following findings based on available evidence, including relevant evidence provided 24 by the respondent:
25 (1) Additional time is necessary to comply.
26 (2) Extenuating circumstances beyond the control of the respondent make 27 compliance impracticable. For the purposes of this section, “extenuating 28 circumstances” are:
29 (A) Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other 30 emergencies or natural disasters.
31 (B) Delays in obtaining discretionary permits or other government agency 32 approvals.
33 (C) An organic waste recycling infrastructure capacity deficiency and the 34 jurisdiction within which the respondent is located is subject to a Corrective Action 35 Plan pursuant to Section 18996.2 due to such deficiencies. 36 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 37 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 38 Section 39730.6.
39 Article 16. Administrative Civil Penalties
40 Section 18997.1. Scope.
41 (a) Administrative civil penalties for violations of this chapter shall be imposed 42 consistent with the requirements of this Article as authorized by Public Resources Code 43 Section 42652.5.
Department of Resources SLCP Regulations
Recycling and Recovery Page 111 of 127 November 2020
1 (b) A jurisdiction shall adopt ordinance(s) or enforceable mechanisms to impose 2 penalties as prescribed in Section 18997.2.
3 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 4 Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 5 Code Section 39730.6
6 Section 18997.2. Penalty Amounts.
7 (a) A jurisdiction shall impose penalties for violations of the requirements of this chapter 8 consistent with the applicable requirements prescribed in Government Code Sections 9 53069.4, 25132 and 36900. The penalty levels shall be as follows:
10 (1) For a first violation, the amount of the base penalty shall be $50-$100 per 11 violation.
12 (2) For a second violation, the amount of the base penalty shall be $100-$200 per 13 violation.
14 (3) For a third or subsequent violation, the amount of the base penalty shall be $250- 15 $500 per violation.
16 (b) Nothing in this section shall be construed as preventing a jurisdiction from revoking, 17 suspending, or denying a permit, registration, license, or other authorization consistent 18 with local requirements outside the scope of this chapter in addition to the imposition of 19 penalties authorized under this section.
20 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 21 Reference: Public Resources Code Section 42652.5, Health and Safety Code Section 22 39730.6 and Government Code Sections 25132, 36900 and 53069.4. 23 Section 18997.3 Department Penalty Amounts.
24 (a) Penalties shall be imposed administratively in accordance with the requirements set 25 forth in this section.
26 (b) Penalties, except for violations specified in subdivision (d), shall be assessed as 27 follows:
28 (1) A “Minor” violation means a violation involving minimal deviation from the 29 standards in this chapter, where the entity failed to implement some aspects of a 30 requirement but has otherwise not deviated from the requirement. The penalties for 31 this type of violation shall be no less than five hundred dollars ($500) per violation 32 and no more than four thousand dollars ($4,000) per violation per day. 33 (2) A “Moderate” violation means a violation involving moderate deviation from the 34 standards in this chapter. A violation which is not a minor violation or a major 35 violation shall be a moderate violation. The penalties for this type of violation shall be 36 no less than four thousand dollars ($4,000) per violation and shall be no more than 37 seven thousand five hundred dollars ($7,500) per violation per day. 38 (3) A “Major” violation means a violation that is a substantial deviation from the 39 standards in this chapter that may also be knowing, willful or intentional or a chronic 40 violation by a recalcitrant violator as evidenced by a pattern or practice of 41 noncompliance. The penalties for this type of violation shall be no less than seven 42 thousand five hundred dollars ($7,500) per violation per day and no more than ten
Department of Resources SLCP Regulations
Recycling and Recovery Page 112 of 127 November 2020
1 thousand dollars ($10,000) per violation per day. For purposes of this subsection, a 2 major violation shall always be deemed to include the following types of violations:
3 (A) A jurisdiction fails to have any ordinance or similarly enforceable mechanism 4 for organic waste disposal reduction and edible food recovery. 5 (B) A jurisdiction fails to have a provision in a contract, agreement, or other 6 authorization that requires a hauler to comply with the requirements of this 7 chapter.
8 (C) A jurisdiction fails to have an edible food recovery program. 9 (D) A jurisdiction fails to have any Implementation Record. 10 (E) A jurisdiction implements or enforces an ordinance, policy, procedure, 11 condition, or initiative that is prohibited under Sections 18990.1 or 18990.2. 12 (F) A jurisdiction fails to submit the reports required in Sections 18994.1 and 13 18994.2.
14 (c) Once the penalty range has been determined pursuant to Subdivision (b), the 15 following factors shall be used to determine the amount of the penalty for each violation 16 within that range:
17 (1) The nature, circumstances, and severity of the violation(s). 18 (2) The violator’s ability to pay.
19 (3) The willfulness of the violator's misconduct.
20 (4) Whether the violator took measures to avoid or mitigate violations of this chapter. 21 (5) Evidence of any economic benefit resulting from the violation(s). 22 (6) The deterrent effect of the penalty on the violator. 23 (7) Whether the violation(s) were due to conditions outside the control of the violator. 24 (d) For violations of the Recovered Organic Waste Product Procurement requirements 25 in Section 18993.1, where a jurisdiction fails to procure a quantity of recovered organic 26 waste products that meets or exceeds its recovered organic waste product procurement 27 target, the Department shall determine penalties under this Subdivision (d) based on the 28 following:
29 (1) The Department shall calculate the jurisdiction’s daily procurement target 30 equivalent by dividing the procurement target by 365 days. 31 (2) The Department shall determine the number of days a jurisdiction was in 32 compliance by dividing the total amount of recovered organic waste products 33 procured by the daily procurement target equivalent. 34 (3) The Department shall determine the number of days a jurisdiction was out of 35 compliance with the procurement target by subtracting the number of days calculated 36 in Subdivision (d)(2) from 365 days.
37 (4) The penalty amount shall be calculated by determining a penalty based on the 38 factors in Subdivision (c) above, and multiplying that number by the number of days 39 determined according to Subdivision (d)(3). The penalty amount shall not exceed 40 $10,000 per day.
41 (e) Notwithstanding Subdivisions (a)-(d) if the Department sets a penalty amount for 42 multiple violations of this chapter, the aggregated penalty amount for all violations shall 43 not exceed the amount authorized in Section 42652.5 of the Public Resources Code. 44 (f) Nothing in this section shall be construed as authorizing the Department to impose 45 penalties on residential organic waste generators.
46 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5.
Department of Resources SLCP Regulations
Recycling and Recovery Page 113 of 127 November 2020
1 Reference: Public Resources Code Sections 41850, 42652.5 and Health and Safety 2 Code Section 39730.6.
3 Section 18997.4. Organic Waste Recovery Noncompliance Inventory. 4 (a) If the Department finds that a state agency, local education agency, or federal facility 5 has failed to meet the final deadline in a Notice of Violation issued under this chapter, 6 the Department shall send a notice stating that the Department has placed the 7 respondent on the Organic Waste Recovery Noncompliance Inventory listed on its 8 website. The Department may remove the respondent from the Organic Waste 9 Recovery Noncompliance Inventory upon a finding, based on available evidence, that 10 the respondent is no longer in violation of this chapter. 11 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 12 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 13 Section 39730.6.
14 Section 18997.5. Department Procedure for Imposing Administrative Civil 15 Penalties.
16 (a) The Department shall commence an action to impose administrative civil penalties 17 by serving an accusation on a jurisdiction, person and/or entity, and a notice informing 18 the jurisdiction, person, and/or entity of their right to a hearing conducted pursuant to 19 Section 18997.6.
20 (b) The accusation and all accompanying documents may be served on the 21 respondent(s) by one of the following means:
22 (1) Personal service;
23 (2) Substitute service by using the same service procedures as described in Section 24 415.20 of the Code of Civil Procedure;
25 (3) Certified Mail or registered mail; or
26 (4) Electronically, with the consent of the respondent(s). 27 (c) Upon receipt of the accusation, the respondent shall file a request for hearing with 28 the director of the Department within 15 days or the respondent will be deemed to have 29 waived its right to a hearing.
30 (d) The Department shall schedule a hearing within 30 days of receipt of a request for 31 hearing that complies with the requirements of this section. 32 (e) The hearing shall be held before the director of the Department, or the director’s 33 designee, within 90 days of the scheduling date.
34 (f) If the respondent(s) waive(s) the right to a hearing, the Department shall issue a 35 penalty order in the amount described in the accusation. 36 (g) The director of the Department, or the director’s designee, shall issue a written 37 decision within 60 days of the conclusion of the hearing. 38 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 39 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 40 Section 39730.6.
Department of Resources SLCP Regulations
Recycling and Recovery Page 114 of 127 November 2020
1 Section 18997.6. Department Procedures for Hearings and Penalty Orders. 2 (a) A hearing required under this chapter shall be conducted by the director of the 3 Department, or the director’s designee, in accordance with the informal hearing 4 requirements specified in Chapter 4.5 (commencing with Section 11400) of Part 1 of 5 Division 3 of Title 2 of the Government Code.
6 (b) A penalty order issued under Section 18997.5 shall become effective and final upon 7 issuance thereof, and payment shall be due within 30 days of issuance, unless 8 otherwise ordered by the director or the director’s designee. A penalty order may be 9 served by any method described in Section 18997.5(b). 10 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 11 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 12 Section 39730.6.
13 Article 17: Performance-Based Source Separated Organic Waste 14 Collection Service
15 Section 18998.1. Requirements for Performance-Based Source Separated 16 Collection Service.
17 (a) If a jurisdiction implements a performance-based source separated organic waste 18 collection service it shall:
19 (1) Provide a three-container organic waste collection service consistent with Section 20 18984.1 (a), (b) and (d)-(f) of this chapter to at least 90 percent of the commercial 21 businesses and 90 percent of the residential sector subject to the jurisdiction’s 22 authority.
23 (2) Transport the contents of the source separated organic waste collection stream to 24 a designated source separated organic waste facility. 25 (3) Ensure that the presence of organic waste in the gray container collection stream 26 does not exceed an annual average of 25 percent by weight. 27 (A) The annual average percent of organic waste present in the gray container 28 collection stream shall be determined by the results of waste evaluations 29 performed by the jurisdiction pursuant to Section 18984.5. 30 (B) The annual average percent of organic waste present in a jurisdiction’s gray 31 container collection stream is the average of the results of the gray container 32 waste collection stream samples performed by the jurisdiction in the immediately 33 previous four quarters pursuant to Section 18984.5.
34 (4) Provide collection service to organic waste generators subject to their authority. 35 Consistent with Section 18984.1, a jurisdiction shall not require commercial 36 businesses or residents to request solid waste collection service prior to enrollment. 37 (5) Notify the Department pursuant to Section 18998.3. 38 (b) Jurisdictions that delegate collection services to a designee shall include in their 39 contracts or agreements with the designee a requirement that all haulers transport the 40 source separated organic waste collection stream collected from generators subject to 41 the authority of a jurisdiction to a designated source separated organic waste facility. 42 (c) If a jurisdiction fails to meet the requirements of this section after notifying the 43 Department in accordance with Section 18998.3, the jurisdiction shall implement an 44 organic waste collection service that complies with the requirements of Article 3 of this
Department of Resources SLCP Regulations
Recycling and Recovery Page 115 of 127 November 2020
1 chapter. The jurisdiction shall be subject to the applicable enforcement processes 2 outlined in this chapter until services that comply with Article 3 are provided to 3 generators, and the jurisdiction shall not be eligible for the compliance exceptions in 4 Section 18998.2.
5 (d) A hauler providing a performance-based source separated collection service is not 6 required to comply with the provisions of Section 18988.2 in jurisdictions implementing 7 this service, but shall comply with the following in jurisdictions implementing this service:
8 (1) Only transport the source separated organic waste collection stream to a 9 designated source separated organic waste recycling facility, 10 (2) Keep a record of the documentation of its approval by the jurisdiction. 11 (e) The requirements of Subdivision (d) are not applicable to:
12 (1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1, 13 commencing with Section 41950 of the Public Resources Code, transports source 14 separated organic waste to a community composting site; or 15 (2) A hauler that is lawfully transporting construction and demolition debris in 16 compliance with Section 18989.1.
17 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 18 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 19 Section 39730.6.
20 Section 18998.2. Compliance Exceptions.
21 (a) If a jurisdiction implements a performance-based source separated collection service 22 that meets the requirements of Section 18998.1(a), the jurisdiction shall not be subject 23 to the following:
24 (1) The collection requirements in Sections 18984.2 and 18984.3. 25 (2) The container labeling requirements in Section 18984.8, and waivers in Section 26 18984.11.
27 (3) The recordkeeping requirements in Sections 18984.4, and 18984.14. 28 (4) The organic waste recovery education and outreach requirements in Section 29 18985.1.
30 (5) The recordkeeping requirements in Section 18985.3 except as related to edible 31 food recovery education and outreach performed under Section 18985.2. 32 (6) The regulation of haulers in Article 7 of this chapter. 33 (7) The jurisdiction annual reporting requirements in Section 18994.2(c)(1)-(2), (d)-(f) 34 and (k).
35 (8) The jurisdiction inspection and enforcement requirements in Sections 18995.1, 36 except for the provisions related to edible food generators and food recovery 37 organizations and services in that section.
38 (9) The implementation record and recordkeeping requirements in Section 39 18995.2(f)(3)-(7). Implementation Records requirements in Section 18995.2(f)(11)- 40 (13) shall only be required for inspections and enforcement related to edible food 41 generators and food recovery organizations and services. 42 (10) The jurisdiction investigation of complaints of alleged violations requirements in 43 Section 18995.3, except as it pertains to entities subject to the edible food recovery 44 requirements of Article 10 of this chapter.
Department of Resources SLCP Regulations
Recycling and Recovery Page 116 of 127 November 2020
1 (11) The jurisdiction enforcement requirements in Section 18995.4, except as it 2 pertains to entities subject to the edible food recovery requirements of Article 10 of 3 this chapter.
4 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 5 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 6 Section 39730.6.
7 Section 18998.3. Notification to Department.
8 (a) A jurisdiction that will implement a performance-based source separated collection 9 service beginning in 2022 shall notify the Department on or before January 1, 2022. A 10 jurisdiction that will implement a performance-based source separated collection system 11 in any subsequent year shall notify the Department on or before January 1 of that year. 12 (b) The notification shall include the following information:
13 (1) The name of the jurisdiction.
14 (2) Date the jurisdiction will start providing the performance-based source -separated 15 collection service.
16 (3) Contact information for the jurisdiction, including the name, address and 17 telephone number of the representative of the jurisdiction with primary responsibility 18 for ensuring compliance with this article.
19 (4) The address within the jurisdiction where all records required by this chapter are 20 maintained.
21 (5) A list of each designated source separated organic waste facility, landfill disposal 22 facility and any other solid waste facility and their Recycling and Disposal Reporting 23 System number for any facility that will be receiving solid waste directly from the 24 jurisdiction.
25 (6) The name of any designee the jurisdiction has delegated responsibilities to 26 pursuant to Section 18998.1 and any relevant documentation demonstrating the 27 designee’s obligation to comply with the provisions of this article. 28 (7) A statement by the representative of the jurisdiction with primary responsibility for 29 ensuring compliance with this article, under penalty of perjury, that all information 30 contained in the notification is true and correct to the best of their knowledge and 31 belief.
32 (8) The percent of commercial businesses and the percent of the residential sector 33 currently enrolled in organic waste collection services provided by the jurisdiction. 34 (c) In the initial report to the department required in Section 18994.1, a jurisdiction 35 implementing a performance-based source separated organic waste collection service 36 shall certify that at least 90 percent of the commercial businesses and 90 percent of the 37 residential sector subject to the jurisdiction’s authority are enrolled in a collection service 38 that complies with the requirements of Section 18998.1. 39 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 40 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 41 Section 39730.6.
Department of Resources SLCP Regulations
Recycling and Recovery Page 117 of 127 November 2020
1 Section 18998.4. Recordkeeping.
2 A jurisdiction implementing a performance-based source separated organic waste 3 collection service pursuant to this article shall maintain the following information and 4 documents in the Implementation Record required by Section 18995.2:
5 (a) The geographical area each designee serves.
6 (b) If a designee is used, a copy of the contract or agreement for each designee 7 specifying the requirement that all haulers transport the source separated organic waste 8 collection stream collected from generators subject to the jurisdiction’s authority to a 9 designated source separated organic waste facility.
10 (c) Records evidencing compliance with Section 18998.1(a) including, but not limited to:
11 (1) A current list of generator addresses subject to the authority of the jurisdiction. 12 (2) A current list of generator addresses subject to the authority of the jurisdiction that 13 are served with a performance-based source separated organic waste collection 14 service.
15 (3) A current list of generator addresses within the jurisdiction that the jurisdiction 16 does not require to use the performance-based source separated organic waste 17 collection service.
18 (4) Documentation of the enrollment system used by the jurisdiction consistent with 19 Section 18998.1(a)(4).
20 (d) A jurisdiction implementing a performance-based source separated organic waste 21 collection service is still required to maintain the following records specified in Section 22 18995.2:
23 (1) Records required by (f)(1).
24 (2) Records required by (f)(2) and (6) as they pertain to the edible food recovery 25 requirements chapter.
26 (3) Records required by (f)(8)-(10).
27 (4) Records required by (f)(11)-(13) as they pertain to the edible food recovery 28 requirements of this chapter.
29 Authority cited: Public Resources Code Sections 40502, 43020, 43021 and 42652.5. 30 Reference: Public Resources Code Section 42652.5 and Health and Safety Code 31 Section 39730.6.
32 Title 27. Environmental Protection
33 Division 2. Solid Waste
34 35 Chapter 3. Criteria for All Waste Management Units, 36 Facilities, and Disposal Sites
37 Subchapter 4. Criteria for Landfills and Disposal Sites
Department of Resources SLCP Regulations
Recycling and Recovery Page 118 of 127 November 2020
1 Article 3: CIWMBCalRecycle—Handling, Equipment, and Maintenance 2 §20750.1. CalRecycle– Organic Waste Handling.
3 (a) For new or expanding solid waste landfills, the operator shall implement organic 4 waste recovery activities, as approved by the EA. Organic waste recovery activities 5 shall be confined to specified, clearly identifiable areas of the site and shall be arranged 6 to minimize health and safety hazard, vector harborage, or other hazard or nuisance, 7 and be limited to a volume and storage time as approved by the EA. 8 (1) An operator only accepting solid wastes that have already been processed 9 through a high diversion organic waste processing facility or a designated source 10 separated organic waste facility does not need to implement organic waste recovery 11 activities.
12 (b) For the purposes of this section “organic waste recovery activities” means activities 13 that divert organic waste from landfill disposal to activities that constitute a reduction of 14 landfill disposal of organic waste as defined in Article 2 of Chapter 12 of Division 7 of 15 Title 14 of the California Code of Regulations (commencing with Section 18983.1), 16 either on-site or transport to another site where those activities occur. 17 (c) For the purposes of the section, “expanding” means a solid waste landfill proposing 18 to make a significant change to the design or operation as determined by the EA 19 pursuant to 27 CCR Section 21665.
20 (1) Changing the hours of operation of a landfill is not considered an expansion 21 pursuant to 27 CCR Section 20750.1(c).
22 Note:
23 Authority cited: Section 40502 and 43020, Public Resources Code. 24 Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code and 25 Section 39730.6, Health and Safety Code.
26 Chapter 4. Documentation and Reporting for Regulatory 27 Tiers, Permits, WDRs, and Plans
28 Subchapter 3: Development of Waste Discharge Requirements 29 (WDRs) and Solid Waste Facility Permits
30 Article 2. CalRecycle—Applicant Requirements
31 §21570. CalRecycle—Filing Requirements.
32 (a) Any operator of a disposal site who is required to have a full solid waste facilities 33 permit and waste discharge requirements pursuant to Public Resources Code, Division 34 31 and §20080(f) shall submit an application package for a solid waste facilities permit 35 in duplicate to the EA pursuant to ¶(f). The applicant shall also simultaneously submit 36 one copy of the application form and the Joint Technical Document (JTD) to the 37 Regional Water Quality Control Board (RWQCB) and one copy of the application form 38 to the director of the local agency that oversees local land use planning for the
Department of Resources SLCP Regulations
Recycling and Recovery Page 119 of 127 November 2020
1 jurisdiction in which the site is located. The applicant shall ensure demonstration of 2 financial assurances to CalRecycle pursuant to Chapter 6 of this Subdivision. 3 (b) All other applicants who are required to have a full solid waste facilities permit shall 4 submit an application package for a solid waste facilities permit in duplicate to the EA 5 pursuant to ¶(f) and one copy of the application form to the director of the local agency 6 that oversees local land use planning for the jurisdiction in which the site is located. The 7 applicant shall also simultaneously submit one copy of the application form to the 8 RWQCB.
9 (c) Any application package submitted to the EA shall be accompanied by the fee 10 specified by the EA pursuant to Public Resources Code §44006(c). 11 (d) The application package shall require that information be supplied in adequate detail 12 to permit thorough evaluation of the environmental effects of the facility and to permit 13 estimation of the likelihood that the facility will be able to conform to the standards over 14 the useful economic life of the facility. The application package shall require, among 15 other things, that the applicant and the owner give the address at which process may be 16 served upon them.
17 (e) All information in the application package shall be certified by the applicant and the 18 owner of the site as being true and accurate to the best knowledge and belief of each. 19 The applicant, owner of the facility, or both, shall supply additional information as 20 deemed necessary by the EA.
21 (f) A complete and correct application package shall include, but not necessarily be 22 limited to, the following items:
23 (1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements 24 Form CIWMBCalRecycle E-1-77 (Version 11-15 8-04) (Appendix 1); and 25 (2) Complete and correct Report of Facility Information. In the case of disposal sites, 26 this will be a Report of Disposal Site Information (RDSI) in the format of a JTD or ana 27 Disposal Site Facility Plan or Disposal Facility Report in the format of a JTD; and 28 (3) California Environmental Quality Act (CEQA) compliance information as follows:
29 (A) Evidence that there has been compliance with the CEQA, Division 13 30 (commencing with §21000) of the Public Resources Code, regarding the facility; or 31 (B) Information on the status of the application’s compliance with the CEQA 32 regarding the facility, including the proposed project description. Once there has 33 been compliance with the CEQA regarding the facility, evidence of compliance 34 shall be submitted to the EA; and
35 (4) Any CEQA Mitigation Monitoring Implementation Schedule; and 36 (5) Conformance finding information, including one of the following:
37 (A) Until a countywide or regional agency integrated waste management plan has 38 been approved by CalRecycle, the application shall include statements that: the 39 facility is identified and described in or conforms with the County Solid Waste 40 Management Plan, or otherwise complies with Public Resources Code §50000; 41 and that the facility is consistent with the city or county General Plan and 42 compatible with surrounding land use, in accordance with Public Resources Code 43 §50000.5; or
44 (B) After a countywide or regional agency integrated waste management plan has 45 been approved by CalRecycle, the application shall include a statement that: the 46 facility is identified in either the countywide siting element, the nondisposal facility
Department of Resources SLCP Regulations
Recycling and Recovery Page 120 of 127 November 2020
1 element, or in the Source Reduction and Recycling Element for the jurisdiction in 2 which it is located; or, that the facility is not required to be identified in any of these 3 elements pursuant to Public Resources Code §50001; and 4 (6) For disposal sites, completeness determination of Preliminary or Final 5 Closure/Postclosure Maintenance Plan as specified in §§21780, 21865, and 21890 6 (Subchapter 4 of this chapter); and
7 [Note: The operator has the option of submitting the preliminary closure plan with the 8 JTD, in which case the EA, RWQCB, and CalRecycle would review it at the same 9 time. If deemed complete by the reviewing agencies, the solid waste facilities permit 10 application package could then be accepted for filing if all other information in the 11 JTD is accepted by the EA. Or the operator can submit a stand alone preliminary 12 closure plan to be deemed complete by reviewing agencies before the application 13 package is submitted to the EA. For CalRecycle purposes, all final 14 closure/postclosure plans are stand alone documents but can be processed jointly 15 with a proposed solid waste facilities permit revision as long as the final plan is 16 determined complete prior to approval of the proposed solid waste facilities permit. 17 The JTD Index prepared for the EA should show where each closure requirement is 18 addressed in the closure/post-closure plan.]
19 (7) For disposal sites, a copy of the most recently submitted detailed written estimate 20 or latest approved estimate, whichever identifies the greatest cost, to cover the cost 21 of known or reasonably foreseeable corrective action activities, pursuant to §22101; 22 (8) For disposal sites, current documentation of acceptable funding levels for required 23 closure, postclosure maintenance, and corrective action Financial Assurance 24 Mechanisms (in accordance with Chapter 6, Division 2); and 25 (9) For disposal sites, current documentation of compliance with operating liability 26 requirements in accordance with Chapter 6;
27 (10) For disposal sites permitted for more than 20 tons-per-day, a ground or aerial 28 survey to be completed at least once every five years or more frequently as 29 determined by the EA. For disposal sites permitted for 20 tons-per-day or less, a 30 ground or aerial survey must be completed at least once every ten years. Survey 31 results must be submitted as a CADD or vector graphics data file including at least 32 two strata, i.e., 1) a stratum showing the base and finished ground surfaces, and 2) a 33 stratum showing the existing and finished ground surfaces. For disposal sites where 34 a change in permitted volume is proposed, a third stratum showing the base and 35 proposed finished ground surface must be included. For each stratum the following 36 information shall be included: site name, stratum name, surface1 name, surface2 37 name, volume calculation method (grid, composite, section), expansion (cut) factor, 38 compaction (fill) factor, cut volume, fill volume and net volume. All volumes shall be 39 reported in cubic yards. If the base ground surface is uncertain, the operator is 40 allowed to provide the best available information as a substitute for the actual as-built 41 contours. If selecting this substitute method, the operator must provide an 42 explanation of the basis for using the substitute base ground surface. For the 43 purposes of this section the following definitions apply:
44 (A) "base ground surface" - the best available excavation plan surface that existed 45 prior to the placement of any waste;
46 (B) "CADD" - computer aided design and drafting;
Department of Resources SLCP Regulations
Recycling and Recovery Page 121 of 127 November 2020
1 (C) "compaction (fill) factor" - the factor used to correct for expected compaction of 2 fill material; this factor should normally be unity (one); if the factor is not unity 3 (one), an explanation must be provided for the basis of the volumetric correction; 4 (D) "cut volume" - for any stratum, the volume removed by a cut of a lower surface 5 to achieve the upper surface;
6 (E) "existing ground surface" - the topography that exists at the time of the subject 7 survey;
8 (F) "expansion (cut) factor" - the factor used to correct for expected expansion of a 9 cut surface; this factor should normally be unity (one); if the factor is not unity 10 (one), an explanation must be provided for the basis of the volumetric correction; 11 (G) "fill volume" - for any stratum, the volume bound between the upper and lower 12 surfaces;
13 (H) "finished ground surface" - the final fill plan surface as shown in the approved 14 closure plan for the disposal site;
15 (I) "net volume" - the fill volume less the cut volume; 16 (J) "site name" - the name of the disposal site for which the survey information is 17 being submitted;
18 (K) "stratum (plural: strata)" - a particular volume of a solid waste landfill bound by 19 specified upper and lower surfaces;
20 (L) "stratum name" - a descriptive name for the stratum for which volumetric 21 information is being submitted, e.g., total volume including proposed expansion; 22 (M) "surface names" - names for the pair of surfaces that define a named stratum, 23 e.g., base ground surface and proposed finished ground surface; 24 (N) "survey" - a comprehensive examination of the disposal site under the 25 direction of registered civil engineer or licensed land surveyor for purposes of 26 determining the topography of the base, existing and finished ground surfaces, 27 and the volumes bound by those surfaces;
28 (O) "vector graphics" - computer generated images comprised of lines and shapes 29 of given origin, direction, thickness, color and other attributes; 30 (P) "volume calculation method" - grid, composite, section or other method 31 approved by the enforcement agency.
32 (11) For disposal sites, one of the following:
33 (A)
34 (i) In-place density (pounds of waste per cubic yard of waste). The in-place 35 density is the estimated or measured density of in-place waste material 36 achieved by mechanical or other means in the development of the current lift of 37 the current operating waste cell, and
38 (ii) Waste-to-cover ratio, estimated, (volume:volume). The waste-to-cover ratio 39 estimate is a unit-less expression of the proportion of the volumes of waste and 40 cover that comprise a volume of compacted fill material, e.g. 4:1. The cover 41 portion of the waste-to-cover ratio estimate should include only soil or approved 42 daily or intermediate alternative cover that is not considered a waste material, 43 i.e., payment of fees to CalRecycle is not required. The waste portion of the 44 waste-to-cover ratio estimate should include only waste material for which 45 payment of fees to CalRecycle is reported, or
Department of Resources SLCP Regulations
Recycling and Recovery Page 122 of 127 November 2020
1 (B) Airspace utilization factor (tons of waste per cubic yard of landfill airspace). 2 The airspace utilization factor (AUF) is the effective density of waste material in 3 the landfill. The AUF is recorded as the total weight of waste material passing over 4 the landfill scales that is placed in a known volume of landfill airspace in a given 5 period of time. The waste portion of the AUF should include only waste material for 6 which payment of fees to CalRecycle is reported.
7 (12) List of all public hearings and other meetings open to the public that have been 8 held or copies of notices distributed that are applicable to the proposed solid waste 9 facilities permit action.
10 (g) For new or expanded solid waste facilities, hold a public meeting with any affected 11 disadvantaged communities within 180 days of submittal of the permit application 12 package.
13 (1) Provide copies (hard copy or electronic) of notices distributed to the affected 14 disadvantaged communities.
15 (2) Provide a summary of the comments received at the public meeting, responses to 16 any public comments, and any other steps taken by the applicant relative to those 17 comments.
18 (3) For the purposes of this section “affected disadvantaged communities” means 19 communities identified by the California Environmental Protection Agency pursuant to 20 Section 39711 of the Health and Safety Code as disadvantaged that are located 21 within one mile of the facility.
22 Note:
23 Authority cited: Section 40002, 40502 and 43020, Public Resources Code. 24 Reference: Sections 43103, 42652.5, 44001-44017, 44100-44101, 44300-44301, 25 44500-44503 and 44813-44816, Public Resources Code and Section 39730.6, Health 26 and Safety Code.
27 §21590. CIWMBCalRecycle—Joint Technical Document for Disposal Facilities. 28 Any operator of a disposal site which is required to submit a RDSI, closure/postclosure 29 maintenance plan, and/or a ROWD or any other report that addresses similar regulatory 30 concerns, may address those requirements under one JTD. The JTD will be used in 31 place of the RDSI only if it meets all the requirements set forth in §21600 and lists 32 where each requirement has been satisfied in the document in the form of a JTD index, 33 pursuant to ¶(c).
34 (a) After July 18, 1997, any operator of an existing facility who submits an application 35 package to the EA, pursuant to §21570, which proposes to change the facility's 36 operations, or to change the SWFP shall do one of the following:
37 (1) Submit the updated information as an amendment to the existing JTD along with, 38 a JTD index as described in ¶(c), referencing the new or updated information; or 39 (2) Submit a complete JTD as described in §21600 along with a JTD index as 40 described in subsection (c).
41 (b) After July 18, 1997, any operator of a new facility that submits an application 42 package to the EA pursuant to §21570, shall submit a complete JTD pursuant to 43 §21600, and an index of the topics addressed in the JTD to be used by the EA as 44 described in ¶(c).
Department of Resources SLCP Regulations
Recycling and Recovery Page 123 of 127 November 2020
1 (c) As of July 18, 1997, the operator shall include with the JTD a copy of an index 2 specifically for use by the EA. The page number or the first line number within the JTD 3 which addresses the topic shall be noted next to that topic in the index. The EA shall 4 make available to the operator either in hard copy and/or on magnetic media an 5 electronic copy a JTD index listing, (Index found in Appendix 2) showing each topic 6 which the JTD must address to provide the EA with relevant facility information for 7 writing or revising the facility permit.
8 (d) These requirements do not apply to those facilities which have filed a ROWD or 9 RDSI and application for SWFP prior to July 18, 1997. In the event the EA determines 10 the application package for an RDSI first submitted prior to the effective date of these 11 regulations to be incomplete, additional information requested shall be submitted as part 12 of the RDSI and/or application for SWFP, as appropriate. 13 Note:
14 Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. 15 Reference: Sections 42652.5, 43000-45082, Public Resources Code and Section 16 39730.6, Health and Safety Code.
17 Article 3: CIWMBCalRecycle—Enforcement Agency (EA)
18 Requirements
19 §21650. CIWMBCalRecycle--EA Processing Requirements. (T14:§18203) 20 (a) Upon its receipt, the EA shall stamp the application package with the date of receipt. 21 The EA shall examine the application package to determine whether it meets the 22 requirements of §21570. If the EA finds the package meets the requirements of §21570, 23 the application package shall be accepted and stamped with the date of acceptance. 24 Notwithstanding any other provision of this division, the application package shall be 25 deemed filed on the date of acceptance.
26 (b) The EA shall either accept or reject the application package within thirty days of its 27 receipt.
28 (c) Within five days of filing, the EA shall notify the CIWMBCalRecycle, and the RWQCB 29 if applicable, of its determination. The EA shall submit as its notification to the CIWMB 30 CalRecycle a copy of the accepted application form. The EA shall also forward a copy 31 of the application form to the RWQCB if applicable.
32 (d) If the EA determines that the application package does not meet the requirements of 33 §21570, it shall reject and not file the application, and it shall, within five days of 34 determination, so notify the applicant, the CIWMB CalRecycle, and the RWQCB if 35 applicable, enumerating the grounds for rejection. The EA shall include in its notification 36 to the CIWMB CalRecycle a copy of the rejected application form. The application 37 package, together with the notice of rejection, shall be kept in the EA's file. 38 (e) After acceptance of an application for a new or revised full solid waste facilities 39 permit as complete and correct and within 60 days of receipt of the application by the 40 EA, the EA shall notice and conduct an informational meeting as required by §§21660.2 41 and 21660.3. For modified solid waste facilities permits, the EA shall provide notice as 42 required by §21660.3 after finding the permit application complete and correct and 43 within 60 days of receipt of the application by the EA.
Department of Resources SLCP Regulations
Recycling and Recovery Page 124 of 127 November 2020
1 (f) Upon request of the applicant, the EA may accept an incomplete application 2 package. As a condition of acceptance, the operator and the EA shall waive the 3 statutory time limit contained in Public Resources Code §44009. [Note: Section 21580 is 4 the section for processing the applicant’s waiver of timeframes and timing for noticing 5 and holding an informational meeting after the EA deems a previously submitted 6 incomplete package to be complete.] The EA shall notify the applicant within 30 days if 7 the applicant's request for review under this subsection has been accepted. If the 8 application package does not conform with the requirements of §21570 within 180 days 9 from the date of the EA agreeing to accept the package as incomplete the EA shall 10 reject the application package, pursuant to ¶(d). If the EA finds the application package 11 meets the requirements of §21570, the application package shall be accepted pursuant 12 to ¶(c).
13 (g) No later than 60 days after the application package has been accepted as complete 14 and correct and after conducting an informational meeting if required by §§21660.2 and 15 21660.3, the EA shall mail to the CIWMB CalRecycle the following:
16 (1) A copy of the proposed solid waste facilities permit; 17 (2) The accepted application package;
18 (3) A certification from the EA that the solid waste facilities permit application 19 package is complete and correct, including a statement that the RFI meets the 20 requirements of §21600, 14 CCR §§17863, 17863.4, 17346.5, 18221.6, 18223.5, or 21 18227.
22 (4) Documentation, if applicable, of the applicant's compliance with any RWQCB 23 enforcement order or the status of the applicant's WDRs, as described in Public 24 Resources Code §44009;
25 (5) Any written public comments received on a pending application and a summary of 26 comments received at the informational meeting, responses to any public comments, 27 and, where applicable, any other steps taken by the EA relative to those comments. 28 Subsequent to the transmittal of the proposed solid waste facilities permit, the EA 29 shall, within five (5) days of receipt, provide a copy of any additional written public 30 comments and response to comments to the CIWMBCalRecycle. 31 (6) A solid waste facilities permit review report which has been prepared pursuant to 32 §21675, within the last five years.
33 (7) EA finding that the proposed solid waste facilities permit is consistent with and is 34 supported by existing CEQA analysis, or information regarding the progress toward 35 CEQA compliance.
36 (h) At the time the EA submits the proposed solid waste facilities permit to the 37 CIWMBCalRecycle, the EA shall submit a copy of the proposed solid waste facilities 38 permit to the applicant, the RWQCB if applicable, and any person so requesting in 39 writing. The copy of the proposed solid waste facilities permit provided to the applicant 40 shall also be accompanied by a form for request for hearing, which the applicant may 41 use to obtain a hearing before a hearing panel or hearing officer to challenge any 42 condition in the solid waste facilities permit. In cases where a hearing panel or hearing 43 officer may be requested, the EA shall notify the CIWMB CalRecycle within seven days 44 of being noticed by the operator.
45 (i) The proposed solid waste facilities permit shall contain the EA's conditions. The 46 proposed solid waste facilities permit shall not contain conditions pertaining solely to air
Department of Resources SLCP Regulations
Recycling and Recovery Page 125 of 127 November 2020
1 or water quality, nor shall the conditions conflict with conditions from WDRs issued by 2 the RWQCB.
3 [Note: The process to obtain a full solid waste facilities permit might not include the 4 RWQCB if the facility is other than a landfill or disposal site. Therefore, EA submittals of 5 forms and documents to the RWQCB will be made if applicable to the type of facility. 6 When writing conditions pursuant to 21650(i) the EA shall take into consideration PRC 7 §44012, which requires the EA to ensure that primary consideration is given to 8 protecting public health and safety and preventing environmental damage, and the long9 term protection of the environment. The EA may also take into consideration other 10 permits, entitlements and approvals when writing terms and conditions (e.g., conditional 11 use permit, zoning, Air Pollution Control District/Air Quality Management District permits 12 to construct and operate, Department of Toxic Substances Control hazardous waste 13 facility permit, Department of Fish and GameWildlife permits, Coastal Commission 14 approvals, Army Corps of Engineers permit, Federal Aviation Administration notification, 15 and other required local and county ordinances/permits)] 16 Note:
17 Authority cited: Sections 40502 and 43020, Public Resources Code. 18 Reference: Sections 40055, 42652.5, and 43000-45802, Public Resources Code and 19 Section 39730.6, Health and Safety Code.
20 §21660.2. Informational Meeting for New and Revised Full Solid Waste Facilities 21 Permit Applications.
22 (a) EA shall conduct an informational meeting for all new and revised full solid waste 23 facilities permit applications as determined by §21665. The EA shall hold an 24 informational meeting on an application for a new full solid waste facilities permit or an 25 application for a full solid waste facilities permit revision required under this article. The 26 EA may require the operator(s) of the facility or facilities that are the subject of the 27 informational meeting to pay all costs incurred by the EA in connection with the meeting. 28 The informational meeting may be combined with another public meeting in which the 29 EA participates that meets the criteria as specified in §§21660.2(b) and 21660.2(c). 30 (b) The informational meeting shall be held after acceptance of the application package 31 as complete and correct by the EA and within 60 days of receipt of the application by 32 the EA. The EA shall submit to the Board CalRecycle a copy of the informational 33 meeting notice at time of issuance. The Board CalRecycle shall post the notice on its 34 web site as a way to further inform the public.
35 (c) The informational meeting shall meet the following criteria:
36 (1) The meeting shall be held in a suitable location not more than one (1) mile from 37 the facility that is the subject of the meeting; if no suitable and available location 38 exists within one (1) mile of the facility, as determined by the EA, the EA may 39 designate an alternative suitable location that is as close to the facility and affected 40 disadvantaged communities as reasonably practical.
41 (2) The meeting shall be held on a day and at a time that the EA determines will 42 enable attendance by residents, especially those of affected disadvantaged 43 communities, living in the vicinity of the facility that is the subject of the meeting.
Department of Resources SLCP Regulations
Recycling and Recovery Page 126 of 127 November 2020
1 (3) EAs may undertake additional measures to increase public notice and to 2 encourage attendance by any persons who may be interested in the facility that is the 3 subject of the meeting, including which may include, but not be limited to, additional 4 posting at the facility entrance, noticing beyond 300 feet if the nearest residence or 5 business is not within 300 feet of the site, posting in a local newspaper of general 6 circulation, and multilingual notice and translation and, multiple meeting dates, times 7 and locations.
8 (d) The EA may substitute a previous public meeting or hearing for the requirements in 9 this Section pursuant to §21660.4 if the applicant does not object. 10 (e) For the purposes of this section “affected disadvantaged communities” means 11 communities identified by the California Environmental Protection Agency pursuant to 12 Section 39711 of the Health and Safety Code as disadvantaged that are located within 13 one mile of the facility.
14 Note:
15 Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. 16 Reference: Sections 42652.5, 43103, 43213, 44004, and 44012, Public Resources 17 Code and Section 39730.6, Health and Safety Code.
18 Article 3.2. CIWMBCalRecycle—Other Requirements
19 20 §21695. CalRecycle—Organic Disposal Reduction Status Impact Report. 21 (a) Operators of a solid waste landfills shall submit a Status Impact Report (SIR) to 22 CalRecycle that provides an analysis of the potential impacts to the landfill resulting 23 from the implementation of the organic disposal reduction requirements of Public 24 Resources Code §Section 42652.5.
25 (b) The SIR shall be prepared by a California licensed civil engineer or licensed 26 engineering geologist.
27 (c) The SIR shall describe the potential impacts to the landfill including the expected 28 timing of the impacts. The analysis shall include, but not be limited to, changes to the 29 following:
30 (1) Site development;
31 (2) Waste types/volumes;
32 (3) Daily and intermediate cover and beneficial use:
33 (A) For intermediate cover the analysis shall also include:
34 1. A description and/or map of the area(s) that have or will have intermediate 35 cover.
36 2. The length of time that the intermediate cover has been used and expected 37 time that it will be used for each defined area.
38 3. A description of how the intermediate cover will be maintained to continue to 39 meet the control criteria of Section 20700(a).
40 4. Information on all instantaneous surface readings for methane of 500 ppmv 41 or greater in the area(s) of intermediate cover that has or will be in place for 42 more than 12 months.
Department of Resources SLCP Regulations
Recycling and Recovery Page 127 of 127 November 2020
1 i. This information shall be as reflected in the most recent annual report filed 2 pursuant to 17 CCR Section 95470(b)(3).
3 ii. The location of each such exceedance shall be identified consistent with 4 the monitoring requirements of 17 CCR Section 95469(a)(1)(A). 5 (4) Volumetric capacity based on the disposal site experiencing a reduction of 6 organic waste disposal of 50 percent by 2020 and 75 percent by 2025; 7 (5) Waste handling methods;
8 (6) Gas control and monitoring systems;
9 (7) Gas generation;
10 (8) Operation and closure design (individual cells and overall site geometry); 11 (9) Final grading plan;
12 (10) Site life estimate;
13 (11) Ancillary facilities;
14 (12) Cost estimates for closure and postclosure; and 15 (13) Financial assurance mechanisms for closure, postclosure, and non-water 16 corrective action requirements.
17 (d) The SIR shall be submitted to CalRecycle no later than one year (365 days) from the 18 effective date of this regulation.
19 (e) Within 30 days of receipt of a SIR, CalRecycle shall make a determination as to the 20 completeness of the SIR based on the requirements of Subdivisions (b) and (c). If a SIR 21 is determined to be incomplete, CalRecycle shall provide to the operator, in writing, the 22 reasons for the determination.
23 (f) For a SIR determined to be incomplete, the operator shall submit a revised SIR 24 addressing any enumerated deficiencies within 30 days of receipt of notice from 25 CalRecycle of an incomplete SIR.
26 (g) Within 60 days of a determination of completeness, CalRecycle shall submit its 27 findings to the EA regarding amendments, if any, to the Joint Technical Document as a 28 result of the SIR.
29 (1) If amendments are required, the EA shall direct the operator to submit an updated 30 Joint Technical Document including updated closure and postclosure maintenance 31 plans that includes the information from the SIR.
32 (2) The EA shall notify the operator within 30 days of receipt of CalRecycle’s findings. 33 (h) Within 120 days of being directed by the EA, pursuant to Subdivision (g), the 34 operator shall submit to the EA an updated Joint Technical Document including updated 35 closure and postclosure maintenance plans that includes the information from the SIR. 36 Note:
37 Authority cited: Sections 40002, 40502 and 43020, Public Resources Code. 38 Reference: Sections 42652.5, 43103 and 44015, Public Resources Code, and Section 39 39730.6, Health and Safety Code.
40
TOWN OF LOS ALTOS HILLS January 20, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION AUTHORIZING APPLICATION FOR, AND RECEIPT OF, THE STATE OF CALIFORNIA GOVERNOR’S OFFICE OF
EMERGENCY SERVICE HAZARD MITIGATION GRANT AND PREDISASTER MITIGATION PROGRAM FUNDS FROM: Cody Einfalt, Management Analyst II
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt the attached resolution authorizing the submittal of an application to the Hazard Mitigation Grant Program.
DISCUSSION:
The Federal Emergency Management Agency (FEMA) provides funds to state agencies, local governments, special districts, and non-profits through their Hazard Mitigation Grant Program (HMGP). The purpose of the HMGP is to reduce the risk of loss of life and property due to natural disasters. In California, these funds are administered by the California Office of Emergency Services HMGP unit.
Eligible projects for the HMGP must be aligned with the Town’s Local Hazard Mitigation Plan. The most current plan for Los Altos Hills is from January 2017 (Attachment 2). As of January 2022, the next iteration of the plan has begun to be drafted through efforts of the Santa Clara County Office of Emergency Management staff.
Town staff is currently researching two potential projects to submit to the HMGP. These projects include the Matadero Creek Erosion project, which is an on-going capital improvement project with the Town, and a new home hardening program to assist resident prepare their properties for upcoming fire seasons.
The first step in the application process is to file a Notice of Intent to Apply (NOI) with the state. The NOI requires a City Council approved resolution in order for staff to apply for the grant funds. The proposed resolution designates the City Manager or his/her designee to administer the grant application for the Town (Attachment 1). The deadline for the Town to file the NOI is January 21, 2022.
ATTACHMENTS
1. Resolution
2. Los Altos Hills Local Hazard Mitigation Plan (March 8, 2017)
3. Local Early Action Planning Grant Application Guidelines AGENDA ITEM #4.F
C.E.
P.P.
Resolution __ -22 Page 1
RESOLUTION __ -22
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS
ALTOS HILLS AUTHORIZING APPLICATION FOR, AND RECEIPT
OF, THE STATE OF CALIFORNIA GOVERNOR’S OFFICE OF
EMERGENCY SERVICE HAZARD MITIGATION GRANT AND PREDISASTER MITIGATION PROGRAM FUNDS WHEREAS, the Federal Emergency Management Agency (FEMA) provides funds to state agencies, local governments, special districts, and non-profits through their Hazard Mitigation Grant Program (HMPG). In California, these funds are administered by the California Office of Emergency Services HMPG unit; and
WHEREAS, the purpose of the HMPG is to reduce the risk of loss of life and property due to natural disasters; and
WHEREAS, municipalities determine their own mitigation priorities to mitigate natural hazards in their respective jurisdictions; and
WHEREAS, the Town of Los Altos Hills has the intention of submitting for grant funds to mitigate against hazardous events that occur in Town;
NOW THEREFORE, the City Council of the Town of Los Altos Hills authorizes:
1. The City Manager, or his/her designee is hereby authorized to execute for and on behalf of the Town of Los Altos Hills, a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Service for the purposes of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act; and
2. The City Manager, or his/her designee to provide to the California Governor’s Office Emergency Service for all matters pertaining to such state disaster assistance the assurance and agreement required; and
3. This is a universal resolution and is effective for all open and future Disasters/Grants up to three (3) years following the date of approval.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 20th of January 2022 by the following vote:
AYES:
NOES:
ABSENT:
Attachment 1
Resolution __ -22 Page 2
ABSTAIN:
By:
George Tyson, Mayor
ATTEST:
_____
Deborah L. Padovan, City Clerk
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-1
1. TOWN OF LOS ALTOS HILLS
1.1 HAZARD MITIGATION PLAN POINT OF CONTACT
Primary Point of Contact Alternate Point of Contact
Suzanne Avila, Planning Director
26379 Fremont Rd.
Los Altos Hills, CA 94022
Telephone: 650-941-7222
e-mail Address: [email protected]
Marsha Hovey, Consultant
26379 Fremont Rd.
Los Altos Hills, CA 94022
Telephone: 408-722-1210
e-mail Address: [email protected]
1.2 JURISDICTION PROFILE
The following is a summary of key information about the jurisdiction and its history:
• Date of Incorporation— January 27, 1956
• Current Population—8,658 as of January 1, 2016
• Population Growth— 1.95 percent since 2010, 0.7 percent 2015 to 2016 • Location and Description— The Town of Los Altos Hills is a residential community in the northwestern region of Santa Clara County, California. It is thirty-five miles south of San Francisco, five miles south of Stanford University, and seventeen miles north of downtown San Jose. The Town encompasses nine square miles, making it one of the smallest incorporated cities in Santa Clara County. It borders the City of Palo Alto and Palo Alto’s Pearson-Arastradero Preserve to the north and west, the City of Los Altos to the east and the Mid Peninsula Regional Open Space District’s Rancho San Antonio to the south. There is an additional 5.2 square miles of unincorporated land adjacent to the Town’s southern boundary that is designated within the Town’s “sphere of influence.” In addition Foothill Community College is located within the Town boundaries new Highway 280 and Moody Road. There are several distinct features of Los Altos Hills. One is the Town’s dedication to the preservation of a “residential-agricultural” conditional lifestyle, which is shown through open lands, rolling hills, and a rural atmosphere. The Town’s Pathway System manifests this lifestyle, with 85 miles of trails and off-road paths that connect the community. Another significant feature of the Town is the absence of commercial and industrial zones. Permitted uses include schools, religious, and recreational facilities. The Town’s zoning requires a minimum lot size of one acre.
The topography of Los Altos Hills provides significant constraints to development, such as steep slopes, unstable soils, seismic faults, and other natural hazards. Three major faults traverse the Town of Los Altos Hills: (1) Berrocal Fault, which runs from west to east, (2) Altamont Fault, parallel to Berrocal Fault, and (3) Monte Vista Fault, running from northwest to southeast. The Town is also near the San Andreas Fault and all are categorized as potentially active.
Attachment 2
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-2
• Brief History— Ohlone Indians were the first known residents of Los Altos Hills. They were part of a group of Native Americans who once inhabited small villages throughout the Santa Clara Valley. Both Los Altos and Los Altos Hills have been substantiated as sites of early Ohlone villages. In 1955, Indian remains and artifacts such as mortars and pestles were found on the Peck property east of Moody Road. In 1964, developers on O'Keefe Lane unearthed more human remains and artifacts. Still later, in 1970, an Ohlone village and burial ground of major significance came to light on the Costello property on O'Keefe Lane, prompting archaeological study by Foothill College and others. Additional mounds and village sites have since been excavated along Permanente and Matadero Creeks.
Two large Spanish-Mexican land grants comprise Los Altos Hills: Rancho La Purissima Concepcion, 4,436 acres granted to Native Americans Jose Gorgonio and his son Jose Ramon in 1840 and sold to Juana Briones de Miranda in 1844 for the sum of $300; and Rancho San Antonio, 4,438 acres granted to Juan Prado Mesa. Adobe Creek was the boundary line of the two ranchos. The Briones and Mesa families were friendly and became related when two of the Mesa men married two of the Briones women.
In 1855 Juana Briones sold 3,000 acres to Martin Murphy, founder of the City of Sunnyvale, who had previously leased her land for cattle grazing. Murphy gave 2,800 acres to his daughter, Elizabeth Yuba, when she married William Taaffe, a prosperous San Francisco merchant. They built a home on what is now the Foothill Community College campus and had four children: William, Martin, and twin daughters Mary and Mathilda. Some of the Taaffe descendants still reside in Los Altos Hills. The two large ranchos were eventually parceled and sold as smaller ranches for cattle grazing and vineyards, mostly of Zinfandel grapes. Many Italian and French vintners lived on Purissima Road until a blight destroyed the vineyards near the turn of the century. Soon after, orchards of apricots, plums and prunes flourished.
With its millions of fruit trees producing a beautiful, aromatic sea of blossoms, Santa Clara Valley became the "Valley of Heart's Delight" and so it remained well into the 1960s. Trains and tour buses brought countless travelers from near and far to glimpse this unique panorama.
Los Altos Hills was incorporated as a general law city on January 27, 1956 with the name “The Town of Los Altos Hills.” Before then, residential development was constrained by numerous factors, including lack of a dependable water supply. Water from wells and creek beds was safe, but not always adequate.
Headwaters for Hale, Adobe, Barron, Matadero, Purissima, and Deer Creeks are generated in local foothills characterized by heavily wooded banks and often-impenetrable areas of poison oak and chaparral. Homes and farms were usually on large acreage. The overall personality of the region was distinctly rural.
After World War II, the pressures of a growing population and increasing urbanization were felt throughout the San Francisco Peninsula. Many members of the unincorporated Los Altos Hills community viewed local commercialism as undesirable and felt threatened by possible annexation by neighboring cities. When adjacent Los Altos incorporated in 1952 with a one-quarter-acre minimum lot size, residents of the Hills knew they had to take action to defend and preserve the amenities of their rural life, such as one-acre lots and the right to keep horses on private property.
The compelling reasons for the incorporation of Los Altos Hills were printed on green paper and distributed to residents in the fall of 1955. As stated in this document (referred to as the “Green Sheets”) one of the primary reasons the founders of the Town originally decided to incorporate in 1956 was to maintain the rural character of the community. This desire continues today.
In 2016 the Town celebrated its 60th anniversary. To commemorate the occasion the Town distributed a History Anthology. A time capsule was dedicated in 2016 and is to be opened on the Town's 75th anniversary in 2031.
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-3
Wealthy San Franciscans attracted to the area during this period built summer estates in Los Altos Hills.
Among the many still standing are: The Shumate House on Viscaino, the Lohman and Griffin Houses on the Foothill College campus, the Morgan Manor (which for many years was operated as Ford Country Day School) on Stonebrook, and the Finn Mansion on Prospect. Both Morgan Manor and Griffin House are official Town Historical Landmarks.
• Climate—Los Altos Hills receives 37 inches of rain per year and 1 inch of snowfall. The average US city receives 37 inches and 25 inches, respectively. The number of days with any measurable precipitation is
69. On average, there are 263 sunny days per year in Los Altos Hills, California. The July high is around 78 degrees. The January low is 39 degrees. The Best Places comfort index, which is based on humidity during the hot months, is rated as 53 out of 100, where higher is more comfortable. The US average on the comfort index is 44.
• Governing Body Format—Los Altos Hills was incorporated as a general law city on January 27, 1956 with the name “The Town of Los Altos Hills.” The Town of Los Altos Hills is governed by a fivemember city council. The Town consists of six departments: City Manager, City Clerk, Building, Emergency Services, Engineering & Public Works, Finance & Administrative Services, Municipal Code, Planning and Parks & Recreation. The City Manager has administrative responsibility and authority to ensure that the laws and ordinances of the Town are duly enforced. He is responsible for managing and giving direction to all department heads except the City Attorney. The City Manager is appointed by, and serves at the pleasure of, the City Council.
Major responsibilities of the City Manager are as follows:
Ø Represents the Town with other governmental agencies
Ø Recommends adoption of ordinances and resolutions to execute the City Council's policies Ø Advises the City Council of the fiscal condition of the Town Ø Prepares an annual budget and Capital Improvement Plan Ø Exercises general supervision over all public buildings, parks, and other public properties under the control of the Town
Ø Appoints or removes employees of the Town.
The Town contracts police services with the Santa Clara County Sheriff’s Office. Fire services are provided by the Los Altos Hills County Fire District who hires the Santa Clara County Fire Department to perform fire department services. The Town has 16 committees and commissions that report to the City Council. The City Council assumes responsibility for adoption of this plan, the City Manager will oversee its implementation.
• Development Trends— The guiding principle of the Land Use Element, as with other parts of the General Plan, is to address long-term needs while preserving the semi-rural character of the community and the overall quality of life for residents of Los Altos Hills. While many changes have taken place in the intervening years, most of the pleasant country aspects of the Town remain as new housing is constructed to accommodate the needs and lifestyles of today's residents.
There are no commercial or industrial uses within the Town limits. As the Town has developed over the past 50 years, residents have continued to support the preservation of low-density residential development and the semi-rural character of the community through one-acre zoning, the right to keep horses on private property, and the protection of open space, creek corridors, wildlife habitat and heritage oak trees.
With limited land available for additional housing and only slight possibility of change on non-residential parcels, Los Altos Hills is almost fully developed. However, in addition to infill development on vacant lots, redevelopment is occurring as existing residences are torn down and replaced with new homes. The
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-4
current trend is to develop residences that maximize the square footage allowed under floor area and development area regulations established by the Town’s Zoning Ordinance.
1.3 CAPABILITY ASSESSMENT
1.3.1 Resources for the 2017 Planning Initiative
The following technical reports, plans, and regulatory mechanisms were reviewed to provide information for inclusion into the 2017 Multi-Jurisdiction Hazard Mitigation Plan for both Volume I and Volume II Los Altos Hills Annex. All of the below items were additionally reviewed as part of the full capability assessment for Los Altos Hills
• Los Altos Hills General Plan—The General Plan, including the Land Use and Safety Elements, were reviewed for information regarding goals and policies consistent with hazard mitigation for carry over as goals and objectives.
• Los Altos Hills Municipal Code—The Municipal Code was reviewed for the full capability assessment and for identifying opportunities for action plan integration. • Flood Damage Prevention Ordinance—The Flood Damage Prevention Ordinance was reviewed for compliance with the National Flood Insurance Program.
• Capital Improvements Plan—The Capital Improvements Plan was reviewed to identify cross-planning initiatives for inclusion as mitigation projects.
• Los Altos Hills Local Hazard Mitigation Plan March 19, 2014—The LHMP was used to develop the community profile portions of the plan and to compare strategies and information against current data. • Technical Reports and Information—Outside resources and references used to complete the Los Altos Hills Annex are identified in 1.10 of this annex.
1.3.2 Full Capability Assessment
An assessment of legal and regulatory capabilities is presented in Table 1-1. An assessment of fiscal capabilities is presented in Table 1-2. An assessment of administrative and technical capabilities is presented in Table 1-3.
Information on National Flood Insurance Program (NFIP) compliance is presented in Table 1-4. An assessment of education and outreach capabilities is presented in Table 1-5. Classifications under various community mitigation programs are presented in Table 1-6. Development and permitting capabilities are presented in Table 1-7, and the community’s adaptive capacity for the impacts of climate change is presented in Table 1-8.
Table 1-1. Legal and Regulatory Capability
Local
Authority
Other Jurisdiction
Authority State Mandated
Integration
Opportunity?
Codes, Ordinances, & Requirements
Building Code Yes No Yes Yes
Comment: Muni Code Title 8 & 2016 California Building Code Zoning Code Yes No Yes Yes
Comment: Muni Code Title 10
Alquist-Priolo Earthquake Fault Zoning Act Division 2, Chapter 7.5 2621 Public Resources Code Subdivisions Yes No Yes No
Comment: Muni Code Title 9 & Subdivision Map Act Govt Code 66410-66413.5 Stormwater Management Yes Yes Yes No
Comment: Muni Code Title 9, 10
California Regional Water Quality Control Board Order 01-119, State Waste Discharge Requirements, Clean Water Act
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-5
Local
Authority
Other Jurisdiction
Authority State Mandated
Integration
Opportunity?
Post-Disaster Recovery No No No Yes
Comment: None Identified
Real Estate Disclosure No Yes Yes No
Comment: State of California Dept of Real Estate Disclosures in Real Property Transactions Cal. Civ. Code §1102 et seq. 2005 Natural Hazards, Earthquake Guides
Growth Management No No Yes No
Comment: Cal. Gov. Code §65300 et seq.
Site Plan Review Yes No No No
Comment: Muni Code Title 10 – 1 & 10-2
Environmental Protection Yes No Yes No
Comment: Various sections of Municipal Code and General Plan, California Environmental Quality Act Public Resources Code 21000–21189 and the CEQA Guidelines California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000– 15387
Flood Damage Prevention Yes No Yes Yes
Comment: Muni Code Title 7 Chapter 4, Department of Water Resources Emergency Management Yes No No Yes
Comment: Emergency Operations Plan 2009
Climate Change No No Yes Yes
Comment: California SB-32 and SN-379
Other: No No No No
Comment: None Identified
Planning Documents
General Plan Yes No Yes Yes
Is the plan compliant with Assembly Bill 2140? Yes
Comment: Government Code 65300-65303.4; Town of Los Altos Hills General Plan Update 2007 Capital Improvement Plan Yes No No No
How often is the plan updated? Annually
Comment: 2016-2017 Operating &Capital Budget and Five-Year Capital Plan Floodplain or Watershed Plan No Yes Yes Yes
Comment: Santa Clara Valley Water District
Stormwater Plan Yes Yes Yes Yes
Comment: Los Altos Hills Sewer Management Plan 2016; Clean Water Act, County National Pollutant Discharge Elimination System
Urban Water Management Plan No No No No
Comment: None Identified
Habitat Conservation Plan No Yes No No
Comment: Santa Clara Valley Habitat Plan
Economic Development Plan No No No No
Comment: None Identified
Shoreline Management Plan No No No No
Comment: None Identified
Community Wildfire Protection Plan No Yes No Yes
Comment: Town has not adopted Santa Clara County Draft Wildfire Protection Plan
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-6
Local
Authority
Other Jurisdiction
Authority State Mandated
Integration
Opportunity?
Forest Management Plan No No No No
Comment: None Identified
Climate Action Plan Yes No No Yes
Comment: Los Altos Hills Draft Climate Action Plan
Comprehensive Emergency Management
Plan
No Yes No Yes
Comment: Santa Clara County Operational Area Emergency Operations Plan, 2008 Threat & Hazard Identification & Risk
Assessment (THIRA)
No No No No
Comment: None Identified
Post-Disaster Recovery Plan No No No Yes
Comment: None Identified
Continuity of Operations Plan No No No No
Comment: None Identified
Public Health Plan No Yes No No
Comment: Santa Clara County
Other: No No No No
Comment: None Identified
Table 1-2. Fiscal Capability
Financial Resources Accessible or Eligible to Use?
Community Development Block Grants No
Capital Improvements Project Funding Yes
Authority to Levy Taxes for Specific Purposes Yes - subject to voter approval User Fees for Water, Sewer, Gas or Electric Service Yes - sewer Incur Debt through General Obligation Bonds Yes - subject to voter approval Incur Debt through Special Tax Bonds Yes -subject to voter approval Incur Debt through Private Activity Bonds No
Withhold Public Expenditures in Hazard-Prone Areas No
State-Sponsored Grant Programs Yes
Development Impact Fees for Homebuyers or Developers Yes Other No
Table 1-3. Administrative and Technical Capability
Staff/Personnel Resources Available? Department/Agency/Position Planners or engineers with knowledge of land development and land management practices Yes Planning, Building, Public Works & Engineering / LAH
Engineers or professionals trained in building or infrastructure construction practices Yes Building Dept / LAH
Planners or engineers with an understanding of natural hazards Yes Planning, Building, Public Works & Engineering / LAH
Staff with training in benefit/cost analysis Yes Finance / LAH / Director Surveyors No
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-7
Staff/Personnel Resources Available? Department/Agency/Position Personnel skilled or trained in GIS applications Yes Planning, Public Works & Engineering / LAH
Scientist familiar with natural hazards in local area No Emergency manager Yes City Manager/Los Altos Hills/Emergency Manager
Grant writers No
Table 1-4. National Flood Insurance Program Compliance
Criteria Response
What local department is responsible for floodplain management? Public Works Who is your floodplain administrator? (department/position) Public Works / City Engineer Are any certified floodplain managers on staff in your jurisdiction? No What is the date of adoption of your flood damage prevention ordinance? November 17, 2001 • Does your floodplain management program meet or exceed minimum requirements?
May not meet minimum NFIP
requirements
• If exceeds, in what ways?
When was the most recent Community Assistance Visit or Community Assistance Contact? Unknown
Does your jurisdiction have any outstanding NFIP compliance violations that need to be addressed? No
• If so, please state what they are.
Do your flood hazard maps adequately address the flood risk within your jurisdiction? Yes
• If no, please state why.
Does your floodplain management staff need any assistance or training to support its floodplain management program? No
• If so, what type of assistance/training is needed?
Does your jurisdiction participate in the Community Rating System (CRS)? No • If yes, is your jurisdiction interested in improving CRS Classification? • Is your jurisdiction interested in joining the CRS program? No How many Flood Insurance policies are in force in your jurisdiction? Reference https://bsa.nfipstat.fema.gov/reports/1011.htm#CAT 82a
What is the insurance in force? $24,837,300 a
What is the premium in force? $59,953 a
How many total loss claims have been filed in your jurisdiction? Reference https://bsa.nfipstat.fema.gov/reports/1040.htm#06 13 a How many claims were closed without payment/are still open? 8 CWOP/ 0 Open a What were the total payments for losses? $31,535 a
a. According to FEMA statistics as of October 31, 2016
Table 1-5. Education and Outreach
Criteria Response
Do you have a Public Information Officer or
Communications Office? Yes
Do you have personnel skilled or trained in website
development? No
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-8
Criteria Response
Do you have hazard mitigation information available on
your website? Yes
• If yes, please briefly describe. Webpage listing links to documents, websites and videos explaining preparedness for natural and man made hazards.
Also provides documents explaining structural and no-structural hazard mitigation.
Do you utilize social media for hazard mitigation
education and outreach? Yes
• If yes, please briefly describe. Post information on Facebook, NextDoor, Twitter during emergencies and exercises
Do you have any citizen boards or commissions that
address issues related to hazard mitigation?
Yes - Environmental Design & Protection Committee,
Environmental Initiatives Committee
Do you have any other programs already in place that
could be used to communicate hazard-related information? Yes • If yes, please briefly describe. CERT volunteers, Town website, Town newsletter, Nextdoor.com, community events
Do you have any established warning systems for hazard
events? Yes
• If yes, please briefly describe. Reverse 9-1-1, local radio station, ham radio, Community Emergency Response Team
Table 1-6. Community Classifications
Participating? Classification Date Classified
Community Rating System No N/A N/A
Building Code Effectiveness Grading Schedule No N/A N/A Public Protection (Alameda County Fire Department) No N/A N/A Storm Ready No N/A N/A
Firewise No N/A N/A
Table 1-7. Development and Permit Capabilities
Criteria Response
Has your jurisdiction annexed any land since the
development of the previous hazard mitigation plan?
Yes
• If yes, please include estimated land area annexed
and estimated number of parcels or structures.
Six properties on Mora Drive and Mora Glen Drive were
annexed in September 2016.
Is your jurisdiction expected to annex any areas during the performance period of this plan?
Yes
• If yes, please describe land areas and dominant
uses.
The Town intends to pursue annexation of most of the
remaining County islands that are within the Urban Service Area.
• If yes, who currently has permitting authority over
these areas?
County of Santa Clara
Does your jurisdiction issue development permits? Yes
• If no, who does? If yes, which department? Building Department How many building permits were issued in your jurisdiction since the development of the previous hazard mitigation plan in 2014?
Type 2011 2012 2013 2014 2015
Single Family Unavailable Unavailable Unavailable 634 634 Multi-Family Unavailable Unavailable Unavailable 0 0
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-9
Criteria Response
Other (commercial,
mixed use, etc.)
Unavailable Unavailable Unavailable 0 0
Does your jurisdiction have the ability to track permits by hazard area?
No
• If yes, please provide the number of permits for
each hazard area.
• Special Flood Hazard Areas- unknown
• Landslide- unknown
• High Liquefaction Areas- unknown
• Tsunami Inundation Area - unknown
• Wildfire Risk Areas - unknown
The Town is moving forward with the implementation of a new permit tracking software and once that is in place we will have the ability to track permits by these or similar categories. • If no, please provide a qualitative description of
where development has occurred in terms of
hazard risk areas.
The Town has a geologic hazards map and requires
geotechnical peer review for new residences. Until recently, many properties in Los Altos Hills were in the Wildland Urban Interface (WUI) area and therefore subject to building code and landscape restrictions related to fire prevention. The City Council rescinded the WUI map on October 20, 2016.
New residences and properties re-roofing a residence are still required to have class A roofing, and new residences and second units are required to have fire sprinkler systems.
Development has occurred throughout the Town during the performance period for this plan. For those hazards with impacts town-wide, it is safe to assume that this new
development could be subject to impacts from those hazards.
However, it is important to note that all new development was subject to the regulatory capabilities identified in this annex.
Does your jurisdiction have a buildable lands inventory? No • If yes, please describe. N/A
• If no, please quantitatively describe the level of buildout in the jurisdiction.
The Town is close to being built out. Most new projects involve the demolition of an existing residence and
construction of a new (replacement) residence. A few
subdivisions are processed each year. In 2015 two two-lot subdivisions were approved. Pending subdivision applications include one for two lots and one for nine lots.
Are any areas targeted for development or major
redevelopment in the next five year?
No
• If yes, please describe. N/A
• If yes, are any of these areas located in known
hazard risk zones?
N/A
Table 1-8. Adaptive Capacity for Climate Change
Adaptive Capacity Assessment Jurisdiction Rating
Technical Capacity
Jurisdiction-level understanding of potential climate change impacts Medium Comments/Additional Information: None provided
Jurisdiction-level monitoring of climate change impacts Medium Comments/Additional Information: Climate Action Plan December 15, 2016 Technical resources to assess proposed strategies for feasibility and externalities Low
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-10
Comments/Additional Information: None provided
Jurisdiction-level capacity for development of greenhouse gas emissions inventory High Comments/Additional Information: None provided
Capital planning and land use decisions informed by potential climate impacts Low Comments/Additional Information: None provided
Participation in regional groups addressing climate risks Low Comments/Additional Information: None provided
Implementation Capacity
Clear authority/mandate to consider climate change impacts during public decision-making processes
Medium
Comments/Additional Information: None provided
Identified strategies for greenhouse gas mitigation efforts High Comments/Additional Information: Adopted Climate Action Plan December 15, 2016 Identified strategies for adaptation to impacts Low
Comments/Additional Information: None provided
Champions for climate action in local government departments Medium Comments/Additional Information: None provided
Political support for implementing climate change adaptation strategies Medium Comments/Additional Information: None provided
Financial resources devoted to climate change adaptation Low Comments/Additional Information: None provided
Local authority over sectors likely to be negative impacted Medium Comments/Additional Information: None provided
Public Capacity
Local residents knowledge of and understanding of climate risk Medium Comments/Additional Information: None provided
Local residents support of adaptation efforts Medium
Comments/Additional Information: None provided
Local residents’ capacity to adapt to climate impacts Medium Comments/Additional Information: None provided
Local economy current capacity to adapt to climate impacts Medium Comments/Additional Information: None provided
Local ecosystems capacity to adapt to climate impacts Medium Comments/Additional Information: None provided
1.4 INTEGRATION WITH OTHER PLANNING INITIATIVES
The following describe the jurisdiction’s process for integrating the hazard mitigation plan into local planning mechanisms.
1.4.1 Existing Integration
The following plans and programs currently integrate the goals, risk assessment and/or recommendations of the hazard mitigation plan:
• Los Altos Hills General Plan—Mitigation Plan is an Annex to the General Plan.
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-11
1.4.2 Opportunities for Future Integration
The following plans and programs do not currently integrate the goals, risk assessment and/or recommendations of the hazard mitigation plan, but provide an opportunity for future integration:
• Los Altos Hills General Plan—Plan will be reviewed to ensure alignment with the updated LHMP. • Los Altos Hills Municipal Code—Sections related to zoning and building codes will be reviewed to ensure alignment with LHMP.
• Community Wildfire Protection Plan—Santa Clara County Fire recently adopted the Santa Clara County Community Wildfire Protection Plan. The plan included City annexes, which identify specific measures to reduce impacts from wildfires.
• Legal and Regulatory Capabilities—Those capabilities identified as providing an integration opportunity in Table 1-1 will be reviewed and updated to include information on hazard risk reduction as feasible and appropriate.
1.5 JURISDICTION-SPECIFIC NATURAL HAZARD EVENT HISTORY
Table 1-9 lists all past occurrences of natural hazards within the jurisdiction.
Table 1-9. Natural Hazard Events
Type of Event
FEMA Disaster #
(if applicable) Date Preliminary Damage Assessment
Winter Storm - Jan 7, 2017 $7,000
Fire (Stanford Dish) - June 25, 2007 The flames prompted a voluntary evacuation of homes in the area, but no structures were damaged
and no injuries to residents. The blaze, burned
about 125 acres
Flood - Jan 1, 2006 Not available
Flood 1203 Feb 2, 1998 Not available
Flood 1155 Dec 28, 1996 Not available
Winter Storm 1046 Feb 13, 1995 Not available
Winter Storm 1044 Jan 3, 1995 Not available
Severe Freeze 894 Dec 19, 1990 Not available
Earthquake (Loma Prieta) 845 Oct 17, 1989 Significant damage in Los Altos Hills, resulting in the demolition of 7 homes and necessitating
substantial repairs to more than 25 residential units.
Winter Storm 758 Feb 12, 1986 Not available
Wildfire (Liddicoat) 739 July 1,1985 $9,000,000 (2014 LHMP) A major fire set by an arsonist destroyed nine
homes in Los Altos Hills and damaged 16 others.
The fire spread rapidly, burning 200 acres.
The fire forced the evacuation of 195 residents, as
well as horses, sheep, and dogs. The American Red
Cross established a shelter at Gunn High School in
Palo Alto. Injuries were limited to smoke
inhalation, heat exhaustion and minor burns.
Earthquake 6.2 - March 24, 1984 Not available
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-12
Type of Event
FEMA Disaster #
(if applicable) Date Preliminary Damage Assessment
Storm/Flooding 677 Jan 21, 1983 In January 1983, both President Reagan and Governor Deukmejian declared Santa Clara
County a disaster area caused by major rainfall.
Major rainfall in March, 1983 caused flooding on
Edith Road and West Fremont Road. A series of
landslides closed Page Mill Road from Paseo del
Roble to Three Forks Road. There were numerous
slides on Viscaino Road from Concepcion to
Purissima. The rain-swollen Adobe Creek caused
erosion and landslides in the area of Foothill
College.
Winter Storm 651 Dec 19, 1981 Not available
Earthquake 5.8 - Jan. 27, 1980 Not available
Earthquake 5.9 - Jan. 24, 1980 Not available
Earthquake 5.9 - Aug. 6, 1979 Not available
Drought 3023 Jan 20, 1977 Not available
Earthquake 7.9 - April 18, 1907 Not available
1.6 JURISDICTION-SPECIFIC VULNERABILITIES
Repetitive loss records are as follows:
• Number of FEMA-identified Repetitive-Loss Properties: 0 • Number of FEMA-identified Severe-Repetitive-Loss Properties: 0 • Number of Repetitive-Loss Properties or Severe-Repetitive-Loss Properties that have been mitigated: 0 Other noted vulnerabilities include the following:
• Although only approximately 1 percent of structures in the Town are in the 1 percent annual chance floodplain, almost 92 percent of the Town’s structures are believed to be located in the 0.2 percent annual chance flood hazard area.
1.7 HAZARD RISK RANKING
Table 1-10 presents the ranking of the hazards of concern.
Table 1-10. Hazard Risk Ranking
Rank Hazard Type Risk Rating Score (Probability x Impact) Category 1 Earthquake 48 High
2 Severe Weather 33 Medium
3 Wildfire 18 Medium
3 Flood 18 Medium
4 Landslide 15 Medium
5 Drought 9 Low
6 Dam and Levee Failure 0 Low
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-13
1.8 STATUS OF PREVIOUS PLAN INITIATIVES
The status of previous actions from the 2014 LHMP for Los Altos Hills can be found in Appendix A of this Volume.
1.9 HAZARD MITIGATION ACTION PLAN AND EVALUATION OF
RECOMMENDED ACTIONS
Table 1-11 lists the actions that make up the Town of Los Altos Hills hazard mitigation action plan. Table 1-12 identifies the priority for each action. Table 1-13 summarizes the mitigation actions by hazard of concern and the six mitigation types.
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-14
Table 1-11. Hazard Mitigation Action Plan Matrix
Applies to
new or
existing
assets
Hazards
Mitigated
Objectives
Met Lead Department
Estimated
Cost
Sources of
Funding Timeline
LAH-1—Create resources to assist neighbors in networking and having an emergency action plan.
Exiting Earthquake,
Flood, Wildfire
1, 2, 4, 5, 8,
9 OES*, CERT Low Staff Time, General
Fund
1-5 yrs
(Short-term)
LAH-2—Continue tree trimming programs, brush clearance, and other defensible space outreach efforts as necessary to minimize the potential for road blockage. Maintenance of brush and vegetative growth for fire prevention is addressed in Section 4-2.115 and 4-2.116 of the LAH Municipal Code
Existing Wildfire, Flood,
Severe Weather
1, 2, 4, 5, 6,
8 Public Works*,
LAHCFD
Medium Staff Time, General
Fund
1-5 yrs
(Short-term)
LAH-3—Develop and enhance public education and outreach materials for all hazards with emphasis on high risk ratings.
Existing All Hazards 1, 2, 4, 8, 9 OES Low Staff Time, General Fund
1-5 yrs
(Short-term)
LAH-4—Prepare a comprehensive evacuation plan focusing on potential wildland fire threats and identifying potential evacuation routes.
Existing Earthquake,
Wildfire, Flood,
Landslide
1-6, 8, 9 OES*, Sheriff, Fire Low Staff Time, General
Fund
1-5 yrs
(Short-term)
LAH-5—Participate in County organized efforts to implement a countywide Community Wildfire Protection Plan.
Existing Wildfire 1-9 County OES*, LAH
OES
Low Staff Time, General
Fund, HMPG
1-5 yrs
(Short-term)
LAH-6—Evaluate options and resources available to support home owners in completing seismic retrofits.
Existing Earthquake 1-6, 8 Planning Low Staff Time, General Fund
1-5 yrs
(Short-term)
LAH-7—Coordinate with the appropriate state and county agencies to develop a comprehensive list of bridges and overpasses within Los Altos Hills and who is responsible for their maintenance.
Existing Earthquake,
Flood, Landslide
1, 2, 4, 5, 8 Public Works Low Staff Time, General
Fund, HMGP
1-5 yrs
(Short-term)
LAH-8—Where appropriate, support retro-fitting, purchase or relocation of structures located in high hazard areas.
Existing Earthquake,
Wildfire, Flood
1-6, 8 Planning High HMGP, PDM, FMA,
Staff Time, General
Fund
1-5 yrs
(Short-term)
LAH-9—Integrate the hazard mitigation plan into other plans, ordinances and programs that dictate land use decisions within the community such as Municipal Code.
New and
Existing
All Hazards 1-4,8 Planning Low Staff Time, General
Fund
1-5 yrs
(Short-term)
LAH-10—Develop and implement a program to capture perishable data after significant events (e.g. high water marks, preliminary damage estimates, damage photos, total losses, successes, lessons learned) to support future mitigation efforts including the implementation and maintenance of the hazard mitigation plan.
Existing All Hazards 1-4 OES Low Staff Time, General
Fund
1-5 yrs
(Short-term)
LAH-11—Support the Countywide initiatives identified in Volume 1 of the hazard mitigation plan Existing All Hazards 1-9 Planning Low Staff Time, General Fund
On-going
LAH-12—Actively participate in the plan maintenance protocols outlined in Volume 1 of the hazard mitigation plan Existing All Hazards 1-6 OES Low Staff Time, General
Fund
1-5 yrs
(Short-term)
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-15
LAH-13—Continue to maintain good standing and compliance under the National Flood Insurance Program (NFIP). This will be accomplished through the implementation of floodplain management programs that will, at a minimum, meet the requirements of the NFIP:
• Enforcement of the flood damage prevention ordinance. • Participate in floodplain identification and mapping updates. • Provide public assistance/information on floodplain requirements and impacts.
New and
Existing
Flood 1-5 Planning High Staff Time, General
Fund , HMGP
1-5 yrs
(Short-term)
LAH-14—Participate in the development of a countywide post-disaster recovery plan and a debris management plan Existing Earthquake,
Flood, Landslide
2, 3, 5, 6, 8 OES, Finance, Public
Works
High Staff Time, General
Fund, HMGP
1-5 yrs
(Short-term)
LAH-15—Consider participation in programs such as Firewise, StormReady and the Community Rating System Existing Wildfire, Flood,
Severe Weather
1, 2, 3, 5, 6,
8 LAHCFD, Public
Works, Planning
High Staff Time, General
Fund
1-5 yrs
(Short-term)
LAH-16—Complete Matadero Creek Erosion Control Project
Existing Flood 1-6 Public Works Low Staff Time, General Fund, HMGP, PDM,
FMA, SCVWD
Matching Grant
1-5 yrs
(Short-term)
LAH-17—Complete Barron Creek restoration joint project with private property owner.
Existing Flood 1-6 Public Works Low Staff Time, General Fund , HMGP, PDM,
FMA, SCVWD
Matching Grant
1-5 yrs
(Short-term)
LAH-18—Complete open space vegetation restoration project.
Existing Earthquake,
Landslide
1-6 Public Works Low Staff Time, General
Funds
HMGP, PDM
1-5 yrs
(Short-term)
LAH-19—Continue offering Personal Emergency Preparedness and Community Emergency Response Team (CERT) training to the community.
Existing Earthquake,
Wildfire, Flood
1, 2, 4, 8, 9 LAHCFD*, OES Low Staff Time, General
Fund
1-5 yrs
(Short-term)
LAH-20— Create and maintain a pathways inventory for alternate evacuation routes.
Existing Earthquake,
Wildfire, Flood
2, 3, 4 Planning Low
Staff Time, General
Fund
1-5 yrs
(Short-term)
* — Indicates lead agency
Table 1-12. Mitigation Strategy Priority Schedule
Action #
# of
Objective
s Met Benefits Costs
Do
Benefits
Equal or
Exceed
Costs?
Is Project
GrantEligible?
Can Project
Be Funded
Under
Existing
Programs/
Budgets?
Implementation
Prioritya
Grant
Pursuit
Prioritya
LAH-1 6 Medium Low Yes No Yes High Low
LAH-2 6 Medium Medium Yes No Yes High Low
LAH-3 5 Medium Low Yes No Yes High Low
LAH-4 8 Medium Low Yes No Yes High Low
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-16
LAH-5 9 Medium Low Yes Yes No Medium Med
LAH-6 7 High Low Yes No Yes High Low
LAH-7 5 Medium Low Yes Yes No Medium Med
LAH-8 7 High High Yes Yes Yes High High
LAH-9 5 Medium Low Yes No Yes High Low
LAH-10 4 Medium Low Yes No Yes High Low
LAH-11 9 Low Low Yes No Yes High Low
LAH-12 6 Medium Low Yes No Yes High Low
LAH-13 5 High High Yes Yes No Medium High
LAH-14 5 Medium High No Yes No Medium High
LAH-15 6 Medium High No No No Low Low
LAH-16 6 High Low Yes Yes Yes High High
LAH-17 6 High Low Yes Yes Yes High High
LAH-18 6 High Low Yes Yes Yes High High
LAH-19 5 High Low Yes No Yes High Low
LAH-20 3 High Low Yes No Yes High Low
a. See the introduction to this volume for explanation of priorities.
Table 1-13. Analysis of Mitigation Actions
Action Addressing Hazard, by Mitigation Typea
Hazard Type
1. Prevention
2. Property
Protection
3. Public
Education
and
Awareness
4. Natural
Resource
Protection
5. Emergency
Services
6. Structural
Projects
7. Climate
Resilient
Earthquake LAH-1,
LAH-3,
LAH-6,
LAH-8,
LAH-9,
LAH-10,
LAH-12,
LAH-6, LAH7, LAH-9,
LAH-10,
LAH-12,
LAH-19
LAH-1, LAH3, LAH-4,
LAH-10,
LAH-12,
LAH-19,
LAH-20
LAH-14 LAH-4
Severe
Weather
LAH-2,
LAH-3,
LAH-9,
LAH-10,
LAH-12,
LAH-15
LAH-10,
LAH-19
LAH-3, LAH10, LAH-12,
LAH-15,
LAH-19
LAH-14
Wildfire LAH- 1,
LAH-2,
LAH-3,
LAH-5,
LAH-9,
LAH-10,
LAH-12,
LAH-15
LAH-5, LAH10, LAH-12,
LAH-15,
LAH-19
LAH-1, LAH3, LAH-4,
LAH-5, LAH10, LAH-12,
LAH-16,
LAH-19,
LAH-20
LAH-9,
LAH-12,
LAH-14,
LAH-18
LAH-4
Los Altos Hills Local Hazard Mitigation Plan 3/8/17
1-17
Action Addressing Hazard, by Mitigation Typea
Hazard Type
1. Prevention
2. Property
Protection
3. Public
Education
and
Awareness
4. Natural
Resource
Protection
5. Emergency
Services
6. Structural
Projects
7. Climate
Resilient
Flood LAH-1,
LAH-2,3
LAH-8,
LAH-9,
LAH-10,
LAH-11,
LAH-12,
LAH-13,
LAH-15
LAH-7, LAH9, LAH-10,
LAH-12,
LAH-13,
LAH-15,
LAH-20
LAH-1, LAH3, LAH-4,
LAH-10,
LAH-12,
LAH-13,
LAH-15,
LAH-19,
LAH-20
LAH-9,
LAH-12,
LAH-13,
LAH-14,
LAH-16,
LAH-17,
LAH-18
LAH-4
Landslide LAH-3,
LAH-9,
LAH-10,
LAH-11,
LAH-12
LAH-7, LAH10LAH-3, LAH4, LAH-10,
LAH-12,
LAH-19,
LAH-20
LAH-14,
LAH-16,
LAH-17,
LAH-18
LAH-4
Drought LAH-3,
LAH-9,
LAH-10,
LAH-11,
LAH-12
LAH-10,
LAH-12,
LAH-19
LAH-3, LAH10, LAH-12,
LAH-19
LAH-9,
LAH-12
Dam and
Levee Failure
LAH-9,
LAH-10,
LAH-11,
LAH-12
LAH-9, LAH10,LAH-3 LAH-9,
a. See the introduction to this volume for explanation of mitigation types.
1.10 ADDITIONAL RESOURCES
The hazard mitigation plan annex development tool-kit was used in the development of this annex to the Santa Clara Operational Area Hazard Mitigation Plan.
Attachment 3 (starts on next page)
Hazard Mitigation
Assistance Guidance
Hazard Mitigation Grant Program, Pre-Disaster Mitigation Program, and Flood Mitigation Assistance Program
February 27, 2015
Federal Emergency Management Agency
Department of Homeland Security
500 C Street, S.W.
Washington, DC 20472
Titles of Opportunities:
♦ Hazard Mitigation Grant Program (HMGP)
♦ Pre-Disaster Mitigation (PDM) Program
♦ Flood Mitigation Assistance (FMA) Program
Funding Opportunity Numbers:
The Catalog of Federal Domestic Assistance (CFDA) numbers for the three Hazard Mitigation Assistance (HMA) programs are:
♦ 97.039 Hazard Mitigation Grant Program (HMGP)
♦ 97.047 Pre-Disaster Mitigation (PDM) Program
♦ 97.029 Flood Mitigation Assistance (FMA) Program
Federal Agency Name:
U.S. Department of Homeland Security (DHS)
Federal Emergency Management Agency (FEMA)
Announcement Type:
Initial
STATEMENT FROM THE DEPUTY
ASSOCIATE ADMINISTRATOR FOR
MITIGATION
I recognize and embrace the opportunity to align our programs to the 2014–2018 FEMA Strategic Plan and Whole Community approach to resiliency. To achieve this aim, I am pleased to share with you the Fiscal Year 2015 (FY15) Hazard Mitigation Assistance (HMA) Guidance.
This updated guidance is an essential instrument for our internal and external stakeholders. It carefully outlines strategies for the mitigation process by interpreting the Federal statutes, regulations, and best practices. This update is a collaborative effort of my staff, with input from external stakeholders.
We revised the HMA Guidance with an eye toward creating more programmatic flexibility.
Some of the major adjustments are:
♦ Integrating climate change / resilience considerations ♦ Simplifying Benefit-Cost Analysis (BCA) requirements (e.g., Hurricane Residential Wind Retrofit BCA)
♦ Linking the implementation of disaster-resistant building codes to projects funded under the Additional HMGP 5 Percent initiative
In addition to the changes listed above, we developed HMA Job Aids to enhance the fiscal processes and outreach materials for homeowners and federally-recognized tribes to better serve their needs. Lastly, we have incorporated provisions to promote accessibility as required by the Americans with Disabilities Act of 1990.
The FY15 HMA Guidance is the definitive policy document for the Federal Insurance and Mitigation Administration (FIMA) and it is my expectation that this document be treated as FIMA’s official position on HMA-related matters.
The FY15 HMA Guidance will help move communities towards a more resilient future. Let us continue to work together to make the HMA programs the best they can be.
Roy E. Wright
Deputy Associate Administrator for Mitigation
Federal Insurance and Mitigation Administration
CONTENTS
Part I. Introduction ................................................................................................................. 1 A. HMA Commitment to Resilience and Climate Change Adaptation ................................... 2 B. Authorization and Appropriation ........................................................................................ 4 B.1 Hazard Mitigation Grant Program ..............................................................................4 B.2 Pre-Disaster Mitigation ..............................................................................................4 B.3 Flood Mitigation Assistance .......................................................................................5 C. Roles and Responsibilities .................................................................................................. 5 D. HMA Application Process .................................................................................................. 6 E. Organization of this Document ........................................................................................... 7 F. Programmatic Changes ....................................................................................................... 8 Part II. Frontloading HMA Program Eligibility Requirements ........................................ 13 A. Mitigation Planning .......................................................................................................... 15 B. Climate Change and Resiliency Considerations ............................................................... 16 C. Universal Accessibility and Mitigation ............................................................................ 16 D. Technical Feasibility and Effectiveness............................................................................ 17 E. Floodplain Management and Protection of Wetlands ....................................................... 17 F. Environmental Planning and Historic Preservation Review and Compliance .................. 18 G. Cost-Effectiveness ............................................................................................................ 21 H. Cost Review ...................................................................................................................... 21 I. Project Development ......................................................................................................... 21 J. Section 404 and Section 406 ............................................................................................. 22 K. Advance Assistance .......................................................................................................... 22 L. Strategic Funds Management ............................................................................................ 23 M. Project Monitoring ............................................................................................................ 23 N. Closeout ............................................................................................................................ 24 Part III. Eligibility Information .............................................................................................. 25 A. Eligible Applicants............................................................................................................ 25 B. Eligible Subapplicants ...................................................................................................... 25 C. Cost Sharing ...................................................................................................................... 26 C.1 Federal Funds Allowed to Be Used as Non-Federal Cost Share ..............................28 C.2 Increased Cost of Compliance as Non-Federal Cost Share ......................................28 C.2.1 Steps for the Assignment of Coverage D – Increased Cost of Compliance Coverage ................................................................................. 29 D. Restrictions ....................................................................................................................... 30 i
D.1 Non-discrimination Compliance ..............................................................................30 D.2 Conflict of Interest ...................................................................................................30 D.3 Procurement .............................................................................................................31 D.4 Duplication of Programs ..........................................................................................31 D.5 Duplication of Benefits ............................................................................................31 E. General Program Requirements........................................................................................ 32 E.1 Eligible Activities.....................................................................................................32 E.1.1 Mitigation Projects...................................................................................... 34 E.1.2 Ineligible Stand-Alone Activities................................................................ 38 E.1.3 Hazard Mitigation Planning ........................................................................ 39 E.1.4 Technical Assistance ................................................................................... 40 E.1.5 Management Costs...................................................................................... 41 E.2 Ineligible Activities..................................................................................................42 E.3 Cost-Effectiveness....................................................................................................44 E.4 Feasibility and Effectiveness....................................................................................44 E.5 Hazard Mitigation Plan Requirement.......................................................................44 E.5.1 Applicant Mitigation Plan Requirement ..................................................... 45 E.5.2 Subapplicant Mitigation Plan Requirement ................................................ 45 E.5.3 Extraordinary Circumstances...................................................................... 45 E.5.4 Tribal Hazard Mitigation Plan Requirement............................................... 46 E.5.5 Conformance with Hazard Mitigation Plans............................................... 47 E.6 Environmental Planning and Historic Preservation Requirements..........................47 E.6.1 Floodplain Management and Protection of Wetlands................................. 48 E.7 National Flood Insurance Program Eligibility Requirements..................................49 E.7.1 Special Flood Hazard Area Requirements.................................................. 49 E.8 Statutory, Regulatory, and Other Requirements ......................................................50 Part IV. Application and Submission Information............................................................... 52 A. Address to Request Application Package ......................................................................... 52 B. Content and Form of Application ..................................................................................... 52 C. Submission Dates and Times............................................................................................ 53 D. Intergovernmental Review................................................................................................ 53 E. Funding Restrictions......................................................................................................... 53 E.1 HMGP Funding Restrictions....................................................................................53 E.2 PDM Funding Restrictions.......................................................................................54 E.3 FMA Funding Restrictions.......................................................................................54 E.4 Management Costs Funding Restrictions.................................................................54 F. Other Submission Requirements....................................................................................... 55 ii
F.1 Application Consideration under Multiple HMA Programs....................................55 F.2 Pre-award Costs........................................................................................................55 G. Applicant Guidance .......................................................................................................... 56 G.1 General Applicant Guidance ....................................................................................56 G.2 Minimum Eligibility Criteria ...................................................................................56 H. Scoping Narrative: Scope of Work, Schedule, and Cost Estimate ................................... 58 H.1 Required Components..............................................................................................58 H.2 Considerations for Management Costs ....................................................................60 H.2.1 Activities Description.................................................................................. 60 H.2.2 Personnel ..................................................................................................... 60 H.2.3 Cost Estimate............................................................................................... 60 H.3 Considerations for Planning Subapplications ..........................................................60 H.3.1 Activities Description.................................................................................. 60 H.3.2 Deliverables, Tasks, and Schedule.............................................................. 61 H.4 Considerations for Project Subapplications .............................................................63 H.4.1 Property Location........................................................................................ 63 H.4.2 Activities Description.................................................................................. 63 H.4.3 Cost Estimate............................................................................................... 64 I. Cost-Effectiveness ............................................................................................................ 64 I.1 Substantial Damage Waiver.....................................................................................65 I.2 Aggregation..............................................................................................................65 I.3 5 Percent Initiative ...................................................................................................65 I.4 Pre-calculated Benefits (Safe Rooms)......................................................................65 I.5 Greatest Savings to the Fund....................................................................................65 I.6 Environmental Benefits............................................................................................66 I.7 Pre-calculated Benefits for Acquisitions and Elevations in Special Flood Hazard Areas............................................................................................................66 I.8 Integrating Sea Level Rise in Mitigation .................................................................67 I.9 Landslide Property Acquisition................................................................................68 I.10 Pre-calculated Benefits for Residential Hurricane Wind Retrofit Measures ...........68 I.11 Alternative BCA Methodologies..............................................................................69 J. Feasibility and Effectiveness Documentation................................................................... 70 K. Environmental Planning and Historic Preservation Documentation ................................ 70 Part V. Application Review Information ............................................................................. 74 A. Review Criteria ................................................................................................................. 74 A.1 Application Eligibility Review.................................................................................74 A.2 Technical Review.....................................................................................................74 iii
A.2.1 Cost-Effectiveness Review ......................................................................... 74 A.2.2 Feasibility and Effectiveness Review ......................................................... 75 A.2.3 Environmental Planning and Historic Preservation Review....................... 75 A.3 HMA Efficiencies ....................................................................................................75 A.3.1 Safe Room Projects..................................................................................... 76 A.3.2 Wind Retrofit Projects................................................................................. 76 A.3.3 Certain Flood Mitigation Projects............................................................... 76 B. Selection and Notification Process ................................................................................... 76 B.1 Selection ...................................................................................................................77 B.2 Notification...............................................................................................................77 B.3 Reconsideration Process...........................................................................................77 B.3.1 Consideration of Additional Information.................................................... 78 C. Requests for Information .................................................................................................. 78 C.1 Request for Information Timelines..........................................................................78 Part VI. Award Administration Information........................................................................ 81 A. Notice of Award................................................................................................................ 81 B. Risk Assessment Prior to PDM and FMA Award ............................................................ 82 C. Requirements for Pass-Through Entities.......................................................................... 82 C.1 Termination ..............................................................................................................83 C.1.1 Additional Specific Award Conditions or Terminations in the PDM and FMA Programs..................................................................................... 83 D. Administrative and National Policy Requirements........................................................... 84 D.1 Cost-Share Documentation ......................................................................................84 D.2 Scope of Work Changes...........................................................................................84 D.3 Budget Changes........................................................................................................85 D.3.1 Non-construction Projects........................................................................... 85 D.3.2 Construction Projects .................................................................................. 85 D.3.3 Cost Overruns and Underruns..................................................................... 85 D.3.4 Contingencies.............................................................................................. 85 D.4 Program Period of Performance...............................................................................86 D.4.1 Extensions ................................................................................................... 86 D.5 Requests for Advances and Reimbursements ..........................................................87 D.6 Program Income .......................................................................................................87 D.7 Federal Income Tax on Mitigation Project Funds....................................................87 D.8 Remedies for Noncompliance ..................................................................................88 D.9 Davis-Bacon Act ......................................................................................................88 E. Reporting Requirements ................................................................................................... 88 iv