Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.
Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Merced County:Merced
Person Completing the Form:
First Name: Stephanie Last Name: Dietz
Title: City Manager
Mailing Address: 678 W. 18th Street
City: Merced Zip Code: 95340
Email Address: [email protected]
Phone Number: 209-385-6834
1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.
Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. not implementing mandatory residential food waste collection for all residents. Note:
City already provides mandatory green waste collection to all residents. ii. not implementing mandatory commercial organic collection for all businesses. (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements i. Containers for food waste only need to be brown.
(I) 14 CCR section 18984.8 Container Labeling Requirements i. Commercial containers not in compliance
(J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. i. food waste component needs to be included in residential education and outreach (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach i. need to compile/create education and outreach material for available edible food recovery programs in the City of Merced.
(M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
i. need to implement tracking of ALL forms of contact for education and outreach (N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program i. not implementing edible food recovery program
(T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
i. not implementing record keeping.
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning i. not implemented at City of Merced level. Note: the City of Merced is part of a JPA and waste is hauled to the Merced County Regional Waste Management Authority. (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
i. not implemented tracking.
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements i. not implemented with all recycled content paper products (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
i. not implemented recordkeeping
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction
Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.
Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1)
(2)
(3)
(4)
(5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
The City of Merced (City) operates as the hauler and has been working towards meeting all the requirements set forth for SB 1383. The City, as part of Merced County’s JPA, hauls its waste to the Merced County Regional Waste Management Authority (RWA). RWA currently accepts green waste organics but is working on permitting and infrastructure to include food waste organics and is awaiting bid proposals in response to an RFP (please see information and time frames provided by RWA in memo attached). Even though the City has taken steps to educate the community on the coming organic changes to their service and had a pilot collection program, it has been a struggle to add more businesses or our residential accounts without RWA having the necessary permitting and infrastructure to accept the waste.
Another issue we have experienced is with container/equipment ordering. Due to the country’s supply issues, items have been on back order with refuse trucks taking a year plus to be received. We need brown containers for our commercial food waste only accounts, our first purchase was orange container before there was a designated color and residential kitchen pails to add food waste to the green waste once permitted.
For recording keeping, the City has been developing a GIS application to provide acceptable tracking and reporting for all customers. As with any application, we have experienced some set-backs but are working to have it operational within the coming months.
For edible food recovery, there are organization providing this service, we have been providing some outreach but are working on the GIS app for tracking.
Reaching our procurement targets is in progress and we are working with our Purchasing division on recycled content paper products.
There are a lot of elements to SB1383 which are taking a lot more time to complete with staffing and funding taking an impact due to the COVID-19 pandemic.
3. A description of the impacts of the COVID-19 pandemic on compliance.
Covid-19 has affected us in several ways. We have experienced staffing shortages and supply issues. There also some funding issues with customer’s not paying their bills but still receiving service since no late fees or interruption of services due to the pandemic.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.
Regulatory Requirement: (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: not implementing mandatory residential food waste collection for all residents. Note:
City already provides mandatory green waste collection to all residents.
Action Proposed Schedule
TASK 1: Work with RWA to be permitted and build infrastructure to accept food waste with green waste.
Date to be completed:
7/1/2023
TASK 2: Purchase kitchen pails for residents collect food waste. Date to be completed:
5/1/2023
TASK 3: Once RWA accepts food waste, educate residents on accepted/non-accepted items and roll-out program.
Date to be completed:
7/1/2023
Regulatory Requirement: B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: not implementing mandatory commercial organic collection for all businesses Action Proposed Schedule
TASK 1: Work with RWA to be permitted and build infrastructure to accept food waste material for diversion.
Date to be completed:
7/1/2023
TASK 2: Purchase more food waste only containers in brown with appropriate labeling.
Date to be completed:
12/31/2022
TASK 3: Educate/provide outreach on food only containers and setup services for food waste only service commercial customers.
Date to be completed:
12/31/2022
Regulatory Requirement: (H) 14 CCR section 18984.7 Container Color Requirements Description: Containers for food waste only need to be brown.
Action Proposed Schedule
TASK 1: Order more food waste only containers in brown to add to our other food waste containers in the wrong color
Date to be completed:
6/1/2022
Regulatory Requirement: (I) 14 CCR section 18984.8 Container Labeling Requirements Description: Commercial containers not in compliance
Action Proposed Schedule
TASK 1: Design and purchase adhesive labels for our
commercial cubic yard and roll-off containers
Date to be completed:
6/1/2022
TASK 2: put adhesive labels on commercial containers Date to be completed:
12/31/2022
Regulatory Requirement: (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach.
Description: food waste component needs to be included in residential education and outreach Action Proposed Schedule
TASK 1: Create education and outreach materials for food waste for residential customers to be distributed in conjunction with services coming online to include print and electronic media.
Date to be completed:
8/1/2022
Regulatory Requirement: (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach
Description: need to compile/create education and outreach material for available edible food recovery programs in the City of Merced.
Action Proposed Schedule
TASK 1: create outreach and education material for edible food recovery programs offered in the City of Merced, to include print and electronic media
Date to be completed:
7/1/2022
TASK 2: distribute information Date to be completed:
9/1/2022
Regulatory Requirement: (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements Description: need to implement tracking of ALL forms of contact for education and outreach Action Proposed Schedule
TASK 1: Complete the GIS applications to be used for tracking regulatory information in-house.
Date to be completed:
4/1/2022
TASK 2: Add all forms needed for record keeping requirements Date to be completed:
4/1/2022
Regulatory Requirement: (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program
Description: not implementing edible food recovery program Action Proposed Schedule
TASK 1: Compile all edible food recovery programs in our area to be used for the City of Merced’s program.
Date to be completed:
6/1/2022
Regulatory Requirement: (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
Description: not implementing record keeping.
Action Proposed Schedule
TASK 1: Complete the GIS applications to be used for tracking regulatory information in-house.
Date to be completed:
4/1/2022
TASK 2: Add all forms needed for record keeping requirements Date to be completed:
4/1/2022
Regulatory Requirement: (U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning
Description: not implemented at City of Merced level.
Note: The City of Merced is part of a JPA and waste is hauled to the Merced County Regional Waste Management Authority.
Action Proposed Schedule
TASK 1: Work with RWA in securing permitting and infrastructure to have food waste be accepted into the landfill. (please see attached information memo provided by RWA)
Date to be completed:
expected time of completion
from RWA: 7/1/2023
Regulatory Requirement: (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
Description: not implemented tracking.
Action Proposed Schedule
TASK 1: create a tracking database or spreadsheet to log information and create reports
Date to be completed:
4/1/2022
TASK 2: educate other City departments and divisions and begin logging information
Date to be completed:
4/30/2022
Regulatory Requirement: (Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements
Description: not implemented with all recycled content paper products Action Proposed Schedule
TASK 1: Assist the City’s Purchasing Department to purchase recycled content paper products for all City departments Date to be completed:
6/1/2022
Regulatory Requirement: (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
Description: not implemented recordkeeping
Action Proposed Schedule
TASK 1: assist the City’s Purchasing Department with setting up record keeping requirements practices
Date to be completed:
7/1/2022
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
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Signature
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Printed Name
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Title
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Date
PH: 209.723.4481
FAX: 209.384.3109
7040 N. Highway 59
Merced, CA 95348
P a r t n e r i n g f o r R e g i o n a l S o l u t i o n s MCRWMA SB1383 Action plan for assisting jurisdictions
Record Keeping:
Each jurisdiction should continue with any data collection that meets their organizational needs and assists in meeting SB1383 requirements. The MCRWMA is in the process of negotiating a contract for a long term SB1383 reporting tool to be utilized by all jurisdiction within Merced County. Any current data can be updated into this system. The system will be a more inclusive data collection tool which will allow each jurisdiction the flex ibility to collect data and produce reports for all SB1383 requirements . It will also allow MCRWMA to compile any data from the jurisdictions to prepare and submit the annual EAR or other reports required by the State. The contract is expected to be befo re the Governing Board in February 2022 and implemented immediately upon approval.
Organic Waste Capacity and Processing:
From the HF&H planning document from September 9, 2020
County
T otal
Permitted
Capacity
(T ons/Year)
Greed
Waste
Capacity
Available
(T ons/Year)
Food Waste
Capacity
Available
(T ons/Year)
Planned /
Future
Capacity
T ons/Year
Merced 176,451 48,132 0 0
Currently, jurisdictions using Billy Wright landfill are having their recycling (including paper and cardboard) and Green Waste material processed by Mid Valley Disposal, who is the franchised hauler for those jurisdictions. Mid Valley collects material from each contracted jurisdiction, transports it to Billy Wright landfill and then material is transported by Mid Valley to their processing f acilities in Fresno County. These jurisdictions have or will be negotiating the transportation and processing of food waste with Mid Valley Disposal as well.
If any material, not under contract w ith Mid Valley is deposited at Billy Wright Landfill, it wil l be transported by MCRWMA to Hwy 59 for processing or a transportation and processing contract will be negotiated for this service in the first quarter of 2023.
MCRWMA continues to accept and com post green waste and recycle material at the Hwy59 landfill.
We also accept and grind wood and brush material. Recycle material is transported and processed through contract with CARTS of Fresno. Due to permitting, MCRWMA is unable to accept food waste for composting and therefore has released an RFP for a Desig n Build Operate (DBO) facility to accept and
process all organic material for Merced County jurisdictions, including green waste and food waste. The estimated timeline for this RFP is as follows:
• Proposals due to MCRWMA – February 2022
• Evaluation of proposals and negotiation of contract – February to June 2022 • Contract approval by Governing Board – June to July 2022 • Permitting and design – July to December 2022
• Construction – January to July 2023
• Accept material at Hwy 59 Landfill July 2023
MCRWMA will continue to accept green waste and wood/shrub material throughout the RFP process for composting or other diversion activities.
MCRWMA is also in the process of permitting and purchasing an Air Burner system to divert all incoming wood and brush material at H wy 59. Depending upon time to process permits, we expect construction of this system to begin processing material in mid to late 2022.
Education:
MCRWMA provided education through its websi te, social media and mobile app. Upon completion of the above projects, MCRWMA will conduct outreach and education regarding organic waste diversion at the Highway 59 and Billy Wright landfill. MCRWMA will also coordinate with the jurisdictions and haulers to make sure that we are providing the correct messaging for each of our communities.