RESOLUTION NO. 2022_--
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
ADOPTING THE NOTIFICATION OF INTENT TO
COMPLY FOR CALRECYCLE APPROVAL
REGARDING ORGANIC WASTE REDUCTIONS
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; WHEREAS, the City of Merced (City) is a local jurisdiction required to comply with the Regulations;
WHEREAS, City is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year;
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan;
WHEREAS, City is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for Recycle approval; and, WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCED
DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS
FOLLOWS:
X: Resolutions|2022\Public WorksINotice of Intent to Comply with CalRecycle.docx 1 SECTION 1. The City Council of the City of Merced, by and through its City Manager hereby formally adopts the Notification of Intent to Comply attached as Exhibit "A".
SECTION 2. The City Council hereby authorizes and directs the City Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit "A" to CalRecycle for approval pursuant to the Statute.
SECTION 3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.
SECTION 4. The City by and through its City Manager also acknowledges and agrees to comply with any maximum compliance deadline in any correction action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.
PASSED AND ADOPTED by the City Council of the City of Merced at a regular meeting held on the _ day of 2022, by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
APPROVED:
Mayor
X:IResolutions(2022\Public WorksINotice of Intent to Comply with CalRecycle.docx 2 ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
Linbasha Bate / 1/25/22
City Attorney
X: Resolutions|2022\Public WorksINotice of Intent to Comply with CalRecycle.docx 3