• A record of the Jurisdiction, as the municipal hauler, and self-hauler compliance with local ordinance(s) and the
requirements of Article 7 of the Regulations including the following information:
o Copies of all required reports maintained by the
Jurisdiction, as municipal hauler.
o Copies of all reports required from self-haulers
o Copies of all written approvals, denials, and
revocations.
All records will include the date of action, the name of the self- hauler, and the type of the action taken by the Jurisdiction.
Section 18993.1 Recovered Organic Waste Product Procurement Target The Jurisdiction will procure organic waste products to meet its procurement target.
Task # Description Target Completion
Date
TASK
22 The Jurisdiction will identify additional procurement opportunities within its departments and divisions for expanding the use of recovered organic waste products.
• The Jurisdiction will work with its Department leads (i.e.
Purchasing/Procurement, Fleet, Facilities, and Parks and Recreation) to identify additional procurement
opportunities within its departments and divisions for
expanding the use of recovered organic waste products.
6/30/2023
TASK
23 The Jurisdiction will annually procure a quantity of recovered organic waste products that meets or exceeds its current annual recovered organic waste product procurement target by one or both of the following:
• Directly procuring recovered organic waste products for use or giveaway.
• Requiring, through a written contract or agreement, that a direct service provider to the Jurisdiction procure
recovered organic waste products and provide written
documentation of such procurement to the Jurisdiction.
11/30/2023
TASK
24 The Jurisdiction will meet regulatory procurement targets established by CalRecycle pursuant to 14 CCR section
18993.1; enforcement of this provision by CalRecycle will be consistent with the legislative directives in PRC section 42652.5 (a)(5)(B) and 42652.6, as amended in AB 1985 (R. Rivas, Chapter 344, Statutes of 2022).
11/30/2023
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Section 18993.2 Recordkeeping Requirements for Recovered Organic Waste Procurement Target
The Jurisdiction will establish recordkeeping related to recovered organic waste procurement.
Task # Description Target Completion
Date
TASK
25 The Jurisdiction will include all documents supporting compliance with Article 12 of the Regulations in the
implementation record including, but not limited to, the following:
• A description of how the Jurisdiction will comply with the requirements of Article 12 of the Regulations.
• The name, physical location, and contact information of each entity, operation, or facility from whom the
recovered organic waste products were procured, and a
general description of how the product was used, and if applicable, where the product was applied.
o The Jurisdiction’s SB 1383 Implementation Point
of Contact will provide designated Department
leads (i.e. Purchasing/Procurement, Fleet,
Facilities, and Parks and Recreation) a form to
report any written and/or adopted policies and a
form to report quantities, sources and greenhouse
gas emissions reduction conversion/calculations.
• All invoices or similar records evidencing all
procurement.
• If including procurement of recovered organic waste
products made by a direct service provider to comply
with the procurement requirements of section
18993.1(a), the Jurisdiction will include all records of procurement of recovered organic waste products made
by the direct service provider on behalf of the Jurisdiction including invoices or similar records evidencing
procurement.
• If a jurisdiction will include renewable gas procured from a POTW for any of the uses identified in section
18993.1(f)(2) to comply with the procurement mandate of Section 18993.1(a), a written certification by an
authorized representative of the POTW, under penalty of perjury in a form and manner determined by the
Jurisdiction, attesting to the following for the applicable procurement compliance year:
8/1/2023
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• (A) That the POTW was in compliance with the exclusion in Section 17896.6(a)(1);
• (B) The total tons of organic waste received from the types of solid waste facilities listed in Section
18993.1(h)(1); and
• (C) The percentage of biosolids that the POTW produced and transported to activities that constitute landfill
disposal.
• If a jurisdiction will include electricity procured from a biomass conversion facility to comply with the
procurement mandate of Section 18993.1(a), a written
certification by an authorized representative of the
biomass conversion facility certifying that biomass
feedstock was received from a permitted solid waste
facility identified in 18993.1(i) will be provided to the Jurisdiction. The certification will be furnished under penalty of perjury in a form and manner determined by
the Jurisdiction.
• If the Jurisdiction is implementing the procurement
requirements of Section 18993.1 through an adjusted
recovered organic waste product procurement target
pursuant to Section 18993.1(j), the Jurisdiction will
include records evidencing the 6 total amount of
transportation fuel, electricity, and gas for heating
applications procured during the calendar year prior to the applicable reporting period.
• For jurisdictions complying with the requirements of
Section 18993.1, through the procurement of mulch, a
copy of the ordinance or similarly enforceable
mechanism the Jurisdiction has adopted requiring that
mulch procured by the Jurisdiction or a direct service
provider meets the land application standards specified in Section 18993.1.
Section 18993.3 Recycled Content Paper Procurement Requirements The Jurisdiction will procure paper products, and printing and writing paper, consistent with the Requirements.
Task # Description Target Completion
Date
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TASK
26 The Jurisdiction will research and identify vendors with paper products meeting the requirements of sections 22150-22154 of the Public Contract Code and ensure paper products and
printing and writing paper is eligible to be labeled with an unqualified recyclable label as defined in Code of Federal Regulations (CFR) Section 260.12.
3/1/2024
TASK
27 The Jurisdiction will procure paper products, and printing and writing paper meeting the Requirements. 3/1/2024 TASK
28 The Jurisdiction will require all businesses from whom the Jurisdiction purchases paper products and printing and writing paper to certify in writing:
• The minimum percentage, if not the exact percentage, of postconsumer material in the paper products and
printing and writing paper offered or sold to the
Jurisdiction.
o The Jurisdiction may waive the certification
requirement if the percentage of postconsumer
material in the paper products, printing and writing
paper, or both can be verified by a product label,
catalog, invoice, or a manufacturer or vendor
Internet website.
o That the paper products and printing and writing paper offered or sold to the Jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12.
3/1/2024
Section 18993.4 Recordkeeping Requirements for Recycled Content Paper Procurement
The Jurisdiction will establish recordkeeping related to recycled content paper procurement.
Task # Description Target Completion
Date
TASK
29 The Jurisdiction will establish a system for tracking purchases for recordkeeping and reporting. 8/1/2023
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Corrective Action Plan
TASK
30 The Jurisdiction will begin tracking and compiling
documentation, including but not limited to the following:
1. Copies of invoices, receipts or other proof of purchase that describe the procurement of paper products by
volume and type for all paper purchases.
2. Copies of all certifications or other verification required. 8/1/2023
COMPLIANCE REVIEW, ENFORCEMENT, AND RELEASE
4. Communications. All approvals and decisions of CalRecycle regarding notifications will be communicated to the Jurisdiction in writing by the Branch Chief, Jurisdiction and Agency Compliance and Enforcement Branch, Waste Permitting, Compliance and Mitigation Division, or the Branch Chief’s designee. No formal advice, guidance, suggestions, or comments by CalRecycle regarding reports, plans, specifications, schedules, or any other writings by Jurisdiction shall be construed to relieve the Jurisdiction of the obligation to obtain such formal approvals as may be required.
4.1 S
ubmittal . All reporting from the Jurisdiction described in section 3 (Schedule for Compliance), paragraph 3.f, shall be submitted through an online portal or compliance module developed by CalRecycle with instructions provided to Jurisdiction. All other communications from the Jurisdiction according to this CAP shall be sent in writing electronically to:
Mia Hunt
[email protected]
4.2 Compliance Review. At the end of the oversight period or at any time deemed appropriate by CalRecycle, CalRecycle will meet with the Jurisdiction to assess the Jurisdiction’s CAP implementation efforts and to determine whether or not the Jurisdiction has timely complied with all commitments in all sections of this CAP. If requested by the Jurisdiction, CalRecycle has discretion to issue notice of a hearing at any time upon its staff’s recommendation that the Jurisdiction has completed the conditions of the CAP. In accordance with PRC section 42652.5, failure to implement programs and or comply with all sections of the CAP at any time may result in CalRecycle’s revocation of its approval of the Notification and CAP and imposition of administrative civil penalties retroactively to the date of violation in 2022, for administrative civil penalties accruing in 2023, and for administrative civil penalties accruing during any other additional time covered by the Notification and CAP. These potentially applicable penalties are described in Section 5.0 of this CAP.
4.3 CalRecycle Review and Approval: If CalRecycle determines that any report, plan, schedule, or other document submitted for approval pursuant to this CAP fails to 862
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comply with the Notification as amended by this CAP or fails to achieve successful implementation of the Regulations, CalRecycle may:
a. Amend the CAP as appropriate to remedy the violations of the Regulations expeditiously, and/or
b. Serve a notice that CalRecycle will revoke approval of the Notification and consider the imposition of penalties in accordance with Title 14 CCR sections 18997.3, 18997.5, and 18997.6.
4.4 Extension Request and Other Task Modification Requests: If the Jurisdiction determines that it will be unable to perform any activity or submit any document within the time required under this CAP, the Jurisdiction may, as far in advance of the due date as possible, request an extension of time in writing. The extension request shall include a justification for the delay. If the Jurisdiction finds that a task required by this CAP in Section 3.1 is not feasible, despite the Jurisdiction’s best and substantial efforts, the Jurisdiction may propose an alternative task that is substantially similar or equally effective to the original task, subject to the approval of CalRecycle. The modification request shall include an explanation of the infeasibility, an explanation of how the alternative task is substantially similar or equally effective, and a justification for any extension of time associated with the change.
4.5 E
xtension and Other Task Modification Approvals: If CalRecycle determines that good cause exists for an extension, considering the factors set out in Title 14 CCR section 18996.2(a)(2), it will grant an extension as appropriate and specify in writing a new compliance schedule. If CalRecycle determines that good cause exists for the change in task because the original task is infeasible and the alternative task is substantially similar or equally effective, it will grant an approval and extension as appropriate and specify in writing the new task; additionally, if CalRecycle determines that good cause exists for any extension associated with the change in task, considering the factors set out in Title 14 CCR section 18996.2(a)(2), it will grant an extension as appropriate and specify in writing a new compliance schedule.
4.6 C
ompliance with Applicable Laws: The Jurisdiction shall carry out this CAP in compliance with all Local, State, and Federal requirements, including but not limited to requirements to obtain necessary permits.
4.7 Liability: Nothing in this CAP shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of the Jurisdiction, including for violations of the Regulations that were not disclosed in the Notification and any violations of the Regulations that the Jurisdiction fails to remedy notwithstanding commitments in the Notification and this CAP.
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Corrective Action Plan
4.8 Government Liabilities: The State of California and CalRecycle shall not be liable for injuries or damages to persons or property resulting from acts or omissions in carrying out activities pursuant to this CAP, nor shall the State of California be held as a party to any contract entered into by the Jurisdiction or its agents in carrying out activities pursuant to the CAP. The Jurisdiction shall indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting in connection with the performance of this CAP.
4.9 P
arties Bound: This CAP shall apply to and be binding upon the Jurisdiction and upon CalRecycle and any successor agency (regional agency, etc.) that may have responsibility for, and the authority over, the subject matter of this CAP.
PENALTY
5. Penalties, if any, shall be assessed and calculated in accordance with the provisions of PRC 42652.5 and Title 14 CCR sections 18997.3, 18997.5, and 18997.6. Penalties shall be calculated based on the factors set out in section 18997.3 and may be as much as $10,000 per day per violation for the duration of the violation(s).
5.1 Penalty Procedures. Penalty, if any, shall be imposed in accordance with the procedures and methodology set out in PRC section 42652.5 and Title 14 CCR sections 18997.3, 18997.5, and 18997.6. Regulatory violations that are considered “minor,” meaning they involve violations constituting minimal deviation from regulations, shall be subject to penalties of no less than five hundred dollars ($500) per violation and no more than four thousand dollars ($4,000) per violation per day; “moderate” violations are subject to no less than four thousand dollars ($4,000) per violation and shall be no more than seven thousand five hundred dollars ($7,500) per violation per day; and “major” violations, are subject to penalties no less than seven thousand five hundred dollars ($7,500) per violation per day and no more than ten thousand dollars ($10,000) per violation per day. The following types of deviations are deemed to be “major” under the regulations for the purposes of assessing penalties:
a. Failure to have any ordinance or similarly enforceable mechanism for organic waste disposal reduction and edible food recovery.
b. Failure to have a provision in a contract, agreement, or other authorization that requires a hauler to comply with the requirements the Regulations. c. Failure to have an edible food recovery program.
d. Failure to have any Implementation Record.
e. Implementation or enforcement of an ordinance, policy, procedure, condition, or initiative that is prohibited under Title 14 CCR sections 18990.1 or 18990.2. f. Failure to submit the reports required in Title 14 CCR sections 18994.1 and 18994.2.
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EFFECTIVE DATE
6. Issuance. This Corrective Action Plan is final and effective from the date of issuance.
6.1 Date of Issuance March 6, 2023
Mark de Bie, Deputy Director
Waste Permitting, Compliance and Mitigation Division
Department of Resources Recycling and Recovery
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Memorandum of Understanding
Ventura County Regional SB 1383 Food Recovery Plan
This Memorandum of Understanding (“MOU”) is entered into by and between Ventura County (“County”) and the cities of Ventura, Oxnard, Moorpark, Simi Valley, Camarillo, Santa Paula, Fillmore, Ojai, Thousand Oaks, and Port Hueneme (hereinafter collectively referred to as “Cooperating Cities”) for the development and implementation of the Ventura County Regional SB 1383 Food Recovery Plan (FRP).
RECITALS
WHEREAS, in May of 2022, the Integrated Waste Management Division (IWMD) of the County of Ventura Public Works proposed to create a county-wide steering committee to oversee the development of a regional edible food recovery network to meet the compliance mandates of California Senate Bill 1383 (SB 1383); and
WHEREAS, following the completion of the Ventura County Edible Food Recovery Capacity Study, a state-mandated study prepared by Abound Food Care, which included collaboration with all ten (10) cities, special districts and non-profits within Ventura County to refine the needs of our region to maximize edible food recovery, the needs assessment survey was distributed to all cities; and WHEREAS, the survey included questions relating to edible food recovery needs of the jurisdiction, interest in a regional food program, preferred method of funding a regional program, and interest in participating on an action-oriented steering committee; and WHEREAS, the survey results indicated that there was strong interest in forming a regional steering committee and in participating in a regional food recovery program; and WHEREAS, the first steering committee meeting for the Ventura County Edible Food Recovery Program (VCEFRP) was held in June 2022. Jurisdictions participating in this first steering committee included representatives from the cities of Ventura, Oxnard, Moorpark, Simi Valley, Camarillo, Santa Paula, Fillmore, Ojai, and the County; and
WHEREAS, moving forward, VCEFRP efforts will be coordinated and directed by a Steering Committee comprised of members from the County and the Cooperating Cities, which will also oversee a contracted Food Recovery Program Administrator. Collectively, the steering committee, participating jurisdictions, and the Food Recovery Program Administrator will be referred to as VCEFRP; NOW, THEREFORE, in consideration of the mutual desire for the development of a regional FRP as set forth in the above recitals, the County and the Cooperating Cities do hereby mutually agree to cooperate in the development of a regional FRP known as VCEFRP, as defined above, pursuant to the following terms and conditions:
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TERMS AND CONDITIONS
1. Purpose
The purpose of this MOU is to delineate the parties’ cooperative efforts in respect to the VCEFRP. The goal of the VCEFRP is to cooperate in maintaining a network, assist with tasks related to food recovery organizations and services, and provide tools to jurisdictions to have a cohesive food recovery program throughout Ventura County as a whole.
Food recovery programs include participants from the non-profit, commercial, and local government sectors. VCEFRP is focused on assisting non-profit and local government partners.
The goal of VCEFRP is to identify cooperative efforts, create tools, and resources for a cohesive network that supports current operations at local non-profits and facilitate their growth. Food recovery compliance is dependent on current food recovery initiatives, and VCEFRP aims to ease and expedite the work of non-profits in our network.
Additionally, through this network, VCEFRP can create and distribute uniform outreach and recordkeeping tools that streamline reporting and data collection needed for SB 1383 compliance. Standardized documents also help others recognize our network and build familiarity. Consistency can help commercial businesses and non-profits operating beyond jurisdictional boundaries.
2. County’s Responsibilities
A. The County intends to retain the services of a Food Recovery Administrator (“Administrator”) by issuing a Request for Proposals (RFP). The scope of work for the Administrator is set forth in Attachment A. This scope of work may be altered by the County at any time.
B. The County will ask the VCREFP Steering Committee to review and provide comment on the RFP for the Administrator. The RFP is expected to go to bid in early 2023 and awarded by the summer of 2023.
C. The County will strive to identify additional opportunities to combine resources to reach food recovery goals.
3. Cooperating Cities’ Responsibilities
A. Cooperating Cities will cooperate in VCEFRP and agree to complete the tasks in Attachment B to contribute to the inter-jurisdictional network.
B. The Cooperating Cities will strive to identify additional opportunities to combine resources to reach food recovery goals.
4. Joint County and Cooperating Cities’ Responsibilities
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The Cooperating Cities and the County, acting through the VCEFRP Steering Committee, will meet with the Food Recovery Program Administrator monthly to monitor progress and SB 1383 compliance.
5. Financial Considerations and Payment Terms
Subject to funding availability, the County intends to retain the Administrator for at least the first year of the VCEFRP. The County intends to fund this contract position from CIWMP fees, SB 1383 Local Assistance grants (as available), and any individual jurisdiction contributions. Some outreach deliverables identified in Attachment “A” may be available to jurisdictions at an additional cost, if total program costs are not covered under the first two funding options. The parties to this MOU will work cooperatively to identify funding sources to continue to fund the Administrator position beyond the first year.
6. Limitations
This MOU does not include generator outreach, enforcement, or reporting for individual jurisdictions. The VCEFRP will not complete further data collection outside of what is provided by the recordkeeping tools. However, the VCEFRP does include tools to assist in these areas.
It is each jurisdiction’s responsibility to contact generators, food recovery organizations, and/or services if further data collection is needed to complete their respective reporting requirements.
VCEFRP will not attempt to gather an individual jurisdiction’s data if the jurisdiction does not utilize the tools provided by VCEFRP.
The VCEFRP also recognizes there are current reporting partnerships with the County of Ventura’s IWMD and some cities. VCEFRP will not attempt to collect food recovery data for these cities. Cooperating Cities will be required to send any data to VCEFRP for reporting that is not readily available from the food recovery tools.
This MOU is limited to the tasks in Attachment A. Any other food recovery tasks must be completed by individual jurisdictions.
7. Records
All parties to this MOU agree to retain any documents generated pursuant to the terms of this MOU for at least the minimum statutory period and to make the records available to the other parties to this MOU upon request within 30 days of the request.
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8. Indemnity, Duty to Defend, and Hold Harmless
Each party to this MOU and its agents, employees, and contractors shall act in an independent capacity and not as officers, employees, or agents of any other party. As between parties to this MOU, the parties agree to hold each other harmless for activities arising from this MOU, including the acts of the Administrator. As to third-party liability, no party assumes any liability for the activities of another in the performance of this MOU, and each party (i) is responsible in proportion to its respective fault for all liability, including but not limited to personal injury or property damage that may arise out of this MOU and, (ii) specifically repudiates the division of liability otherwise provided for in Chapter 21 of Part 2 of Division 3.6 of Title 1 of the Government Code, entitled “Tort Liability under Agreements between Public Entitles," section 895 et seq., to the extent applicable. To the fullest extent allowed by law, each party expressly agrees to defend, indemnify, and hold harmless the other parties and their directors, supervisors, council members, officers, consultants, contractors, agents and employees from and against any and all third-party loss, liability, expense, claims, suits, and damages, to the extent arising out of or resulting from the negligent acts, errors or omissions, or the intentional or willful misconduct of the indemnifying party, its associates, employees, consultants, contractors, sub-consultants, or other agents, including the Administrator, in the operation of and/or performance of this MOU.
This provision will survive the expiration or termination of this MOU.
9. Term
The effective date of this MOU shall be the date that it is executed by the County and at least one Cooperating City. The MOU shall begin on the effective date and continue for two years unless terminated earlier as set forth herein. The VCEFRP will be reassessed after one and a half years.
10. Counterparts
This MOU may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original and all of which shall together constitute one instrument.
11. Notices
All notices, requests, demands, or other communications under this MOU shall be in writing.
Notices shall be given for all purposes by one of the following methods:
Personal Delivery: When personally delivered to the recipient, notices are effective on delivery.
Certified Mail: When mailed certified mail, return receipt requested, notice is effective on the date the receipt is signed by the recipient, if delivery is confirmed by a return receipt.
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Overnight Delivery: When delivered by overnight delivery, with charges prepaid or charged to a sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.
Email or Facsimile Transmission: When sent by email or facsimile to the recipient's last email or facsimile number known to the party giving notice, notice is effective on receipt, provided that: a) a duplicate copy of the notice is promptly given by certified mail or by overnight delivery, or b) the receiving party delivers a written confirmation of receipt.
Any notice given by email or facsimile shall be deemed received on the next business day if it is received after 5:00 PM (recipient’s time) or on a non-business day.
All communications and notices required by or given pursuant to this MOU shall be provided as follows:
To the County:
Joseph Pope, Director
Water & Sanitation
Public Works Agency
6767 Spring Road/P.O. Box 250
Moorpark, CA 93020
[email protected]
With Copy to:
County Counsel
Attention: Assistant County Counsel Brick
800 South Victoria Avenue, L#1830
Ventura, California 93009
Notices to the Cooperating Cities shall be sufficient if delivered to the Clerk of the Cooperating City, or other person specifically noted in the Cooperating City’s signature block, as may be updated with written notice to all parties.
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.
Any party may change its address or email or facsimile number by giving the other parties notice of the change in any manner permitted by this MOU.
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12. Termination
Any party to this MOU, upon 30 days written notice to all other parties, may terminate its participation in this MOU. Upon a party’s termination, all obligations and benefits under this agreement cease as to the terminating party except for the duty to defend, hold harmless, and indemnify as set forth herein.
13. Severability
If a court of competent jurisdiction holds any provision of this MOU to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this MOU would be defeated by the loss of the illegal, unenforceable, or invalid provision.
14. Entire Agreement and Amendments
This MOU, including any and all attachments, exhibits, and any other documents specifically incorporated into this MOU, shall constitute the entire agreement between the parties hereto relating to the subject matter of this MOU. As used herein, the MOU refers to and includes any documents incorporated herein by reference and any exhibits or attachments. The MOU may not be modified except by a written amendment signed by all parties.
15. No Third-Party Rights
The parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this MOU. Nor do the parties intend to create any duty, covenant, obligation, or undertaking in any third party by entering into this MOU.
16. No Employment Relationship
The parties agree that their respective employees performing any services in connection with the VCEFRP and/or this MOU are not acting within the scope of any employment relationship with any other party to this MOU, will not receive any form of compensation or benefits from any other party, and will not be covered by any other party’s workers compensation program if injured. Each party will defend, indemnity and hold harmless the other party from any claims made by that party’s own employees arising out of services performed in connection with VCEFRP and/or this MOU.
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IN WITNESS WHEREOF, the parties hereto have executed this MOU on the date signed.
County of Ventura
By: _____________________________________ Date ______________________ City of ________________________________
By: _____________________________________ Date ______________________ Attachment A: VCEFR Tasks
1. Non-Profit Outreach to Priority Agencies – The Food Recovery Administrator will complete outreach to the food bank in Ventura County, Food Share, and the 62 pantries identified in the Ventura County Edible Food Capacity Study, which currently collect food*. The list is provided in Attachment C.
a. Details:
i. Contact each organization and provide outreach materials ii. Record meeting information
iii. Assist with written agreement questions
iv. Provide training on record keeping software and answer software related questions
v. Provide jurisdictional contact information
b. Deliverables:
i. Creation of a database of non-profit information
ii. Onboarding of non-profits and sharing of tools
c. Resources Needed
i. Food Recovery Administrator staff time
ii. Printing costs
* If new food recovery agencies are added to the list of potential recipients, the Food Recovery Administrator will send a notification to the jurisdictions and they will be added to our shared recipient database. VCEFRP Food Recovery Administrator will not assist with recordkeeping training until they have a written agreement with one of our identified Tier 1 or Tier 2 generators. Jurisdiction shall
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notify the Food Recovery Administrator if one of their generators has a written agreement with one of the non-profits not identified in Attachment C.
2. Aggregating and Updating Non-Profit Data - Food Recovery Administrator will maintain a list of non-profits that the jurisdictions can use to help their generators find food recovery recipients, and help those groups interested in receiving more food. * Food Recovery Administrator will not be responsible for collecting data that was not uploaded into the recordkeeping system. Any missing data must be obtained by the respective jurisdiction. a. Details:
i. VCEFRP Food Recovery Administrator will upload and maintain data from Ventura County Edible Food Recovery Capacity Study in FileMaker. ii. Data will be stored in FileMaker and in a shared database. Jurisdictions will also post this list on their websites as required by SB 1383 iii. Database will be updated at least annually
b. Deliverables:
i. Public list of food recovery organizations and services potentially interested in collecting recovered food
c. Resources Needed:
i. Staff time
ii. FileMaker software
iii. Food Recovery Administrator staff time
3. Recordkeeping Software Adoption - FileMaker, or similar cloud-based platform which is accessible by all participating jurisdictions, will be used to collect data from jurisdictions, Tier 1 and Tier 2 commercial edible food generators, and recipients. a. Details:
i. Recordkeeping software will be used for the following purposes:
1. For Generators:
a. Uploading contact information
b. Uploading written agreements
c. Uploading donation amounts
d. Uploading other required recordkeeping documents outlined in SB 1383
e. Viewing pounds donated
f. Viewing agencies donated to
2. For Recipients:
a. Uploading contact information
b. Uploading written agreement
c. Uploading donation amount
d. Uploading other required recordkeeping documents outlined in e. SB 1383
f. Viewing pounds received
g. Viewing donors
3. For Jurisdictions:
a. Uploading outreach interactions
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b. Uploading documents
c. Viewing donation information from generators and recipients d. Viewing recordkeeping information from generators and recipients b. Deliverables:
i. Completion of recordkeeping and implementation database c. Resources Needed:
1. Staff time
2. Recordkeeping software licenses
3. Food Recovery Administrator staff time
4. Creating Outreach Materials – Food Recovery Administrator in coordination with the VCEFRP Steering Committee will create and update outreach materials for generators and non-profits. a. Details:
i. Food Recovery Administrator in coordination with the VCEFRP Steering Committee will create the following outreach materials:
1. Generator flyer
2. Recipient flyer
3. Local Education Agency materials
4. Website content
5. Tier 1 and Tier 2 notification letter template
ii. Under the direction of the VCEFRP Steering Committee, the Food Recovery Administrator will create and share any secondary outreach tools. b. Deliverables:
i. Standardized outreach tools
c. Resources Needed
i. VCEFRP Steering Committee staff time
ii. Food Recovery Administrator time
5. Creating Written Agreement Template - Food Recovery Administrator will create a written agreement template to be used countywide except in cases where a corporate agreement is used. a. Details:
i. Written agreement template will be created and distributed to jurisdictions and non-profits
ii. Jurisdictions will be responsible for their respective legal review of the template prior to use
b. Deliverables:
i. Written agreement template that can be used for SB 1383 compliance c. Resources Needed:
i. Food Recovery Program Administrator staff time
6. General Network Upkeep - Coordination of unforeseen general tasks, including interactions with corporate leaders, communication between jurisdictions, scheduling site visits, etc. This task does not include extra generator outreach.
a. Details:
i. Food Recovery Administrator will continue to look for ways the network can grow
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ii. Food Recovery Administrator will also share relevant updates with jurisdictions from corporate partners
iii. Food Recovery Administrator will schedule meetings and tours with jurisdictions and local non-profits
iv. Food Recovery Administrator will provide monthly updates to Steering Committee
b. Deliverables:
i. Network maintenance
c. Resources Needed:
i. Food Recovery Administrator staff time
7. Food Recovery Administrator will develop a checklist to guide site visits for Tier 1 and Tier 2 Generators, including specific items depending on the generator type. The cost of the Food Recovery Administrator site visits to Generators should be listed into two cost proposals:
Either as 1) part of the total group cost or 2) as an individual, add-on cost to each jurisdiction.
a. Details:
i. Food Recovery Administrator will develop a checklist to guide site visits for Tier 1 and Tier 2 Generators.
ii. Food Recovery Administrator will conduct one site visits per generator, and note those not in compliance
iii. Food Recovery Administrator will share information with VCEFRP Steering Committee
iv. VCEFRP Food Recovery Administrator will document in reporting software b. Deliverables:
i. Site Visit Checklist for Tier 1 and Tier 2 Generators ii. Site visits to generators
iii. Compliance checking and updates
c. Resources Needed:
i. Food Recovery Administrator time
8. Recommendations for VCEFRP Expansion – 5-year plan
a. Details:
i. Using lessons learned from this current engagement, identify specific pathways to increase participation by Tier 1 and 2 generators, broaden the coalition of stakeholders who can contribute to the regional program’s success and seek out opportunities for partnerships with neighboring counties. ii. Identify resources (i.e., technology, staffing, and materials) needed to execute the proposed 5-year plan.
b. Deliverables Needed:
i. Presentation to the VCEFRP Steering Committee
ii. Written Report -Final Report will include feedback from the VCEFRP Steering Committee
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9. Management - General management of staff time, work procedures, and SB 1383 implementation related to this scope.
a. Details:
i. Reviewing work products, attending meetings, assistance in decision making and general guidance
b. Deliverables:
i. Thoroughly reviewed food recovery program materials ii. General guidance
c. Resources Needed:
i. VCEFRP Steering Committee staff time
ii. Food Recovery Administrator staff time
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Attachment B: Jurisdiction Tasks
Items highlighted in yellow are a requirement of SB 1383.
Task Details Recommended Next Steps
Tier 1 and Tier 2
Generator Outreach
Jurisdictions will need to train
generators on recordkeeping software.
Send letters to all generators ASAP.
Use templates and include flyers.
Each jurisdiction will need to educate their
generators about SB 1383 regulations.
Jurisdiction may already be doing outreach
for food scraps.
Add food recovery conversation to all
current outreach being done.
Jurisdictions will need to solidify their Tier
1/2 lists. Remove any generators that are not
fitting or were maybe wrongly identified.
Abound Food Care identified Tier 1 and Tier
2 generators countywide as part of the
Ventura County Edible Food Recovery
Capacity Study in May 2022.
Go through every generator and note if
they are a Tier 1 or 2, and if they are a
priority.
Jurisdictions need to exercise their
own discretion regarding these
businesses.
Capacity Planning
Complete the Ventura County Edible
Food Recovery Capacity Study.
Completed May 2022.
Completed by IWMD in July 2022.
Abound Food Care identified non-profit
capacity in May 2022. This will need to be
revisited periodically.
Individual reporting
All jurisdictions will be responsible for
their own reporting.
Reporting data should be collected by
July 1 each year.
Jurisdictions will need to collect records from
their donors.
Jurisdictions should include this in
their education for generators.
Compliance enforcement
Jurisdictions will be responsible for
compliance enforcement and making sure
all food recovery compliance measures
are met outside of this proposal.
Jurisdiction will use this information to
aid in enforcement.
Website Updates
Under SB 1383 each jurisdiction is required
to keep an updated list of food donor
recipients, guidelines for generators, etc. This
SB 1383 information has already been
posted on LessIsMore.org. Jurisdictions
can use that text.
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must be posted online.
Assistance with outreach
to Local Education
Agencies
There are various other standards that
schools must comply with, so help with SB
1383 compliance should be added to this.
Again, outreach materials for schools will be
included in outreach material created by the
VCEFRP Steering Committee.
Continue outreach that is already being
done in schools. Add outreach for SB 13
SB 1383 also requires yearly educational
campaigns that each jurisdiction must do.
Outreach materials will be shared between
jurisdictions.
Assistance with outreach
to Non-Local Entities Teamwork will be needed to figure out the landscape of non-local entities. J urisdictions
may be requested to help if needed.
Mandatory participation in
Food Recovery Meetings Participate in meetings, keep communication open with VCEFR Steering Committee, be
available for meetings with food recovery
organizations, and have open communication
with non-profits.
Sharing Resources with
Food Recovery Group Resources like StoryMaps, staff time, knowledge sharing, etc. should be shared
amongst jurisdictions, as needed.
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879
CITY OF OXNARD
PUBLIC WORKS DEPARTMENT
ENVIRONMENTAL RESOURCES DIVISION
111 S. Del Norte Blvd., Oxnard, CA 93030
(805) 385-8060
NOTICE OF VIOLATION 1st 2nd 3rd
Date: Account #:
Account Holder Name:
Location of Violation:
TO THE RESPONSIBLE PARTY: THE CITY OF OXNARD has determined there are violations of the Oxnard City Code, Chapter 19, Article II, Division 2, Section 19-160, at the property listed above. If the responsible party fails to take corrective action as described in this Notice below, continued violation(s) may be punished as an infraction or a misdemeanor pursuant to Oxnard City Code, Chapter 1, Article I, Section 1-10, and/or civil penalties may be imposed pursuant to Oxnard City Code, Chapter 7, Article III.
Description of the Violation(s)
❏ Ch. 19; Art. II; Sec. 19-160 (D)(1) Multi-Family generators shall comply with the following requirements: Shall subscribe to the City’s two or three container collection services for all refuse (trash), recycling, and organic materials generated.
❏ Ch. 19; Art. II; Sec. 19-160 (E)(1) Commercial Business generators shall comply with the following requirements: Shall subscribe to the City’s two or three container collection services for all refuse (trash), recycling, and organic materials generated.
CORRECTIVE ACTION REQUESTED: PLEASE SUBSCRIBE TO THE CITY’S THREE (3)
CONTAINER COLLECTION SERVICE OR HAVE AN APPROVED WAIVER ON FILE WITHIN TWENTY (20) DAYS OF THIS NOTICE.
PURSUANT TO OXNARD CITY CODE SECTION 19-162(D), THE ENVIRONMENTAL RESOURCES
DIVISION STAFF HAS THE AUTHORITY TO BEGIN AUTOMATIC SERVICE TO RESOLVE THIS VIOLATION, IF THE VIOLATION IS NOT CORRECTED WITHIN TWENTY (20) DAYS OF THE THIRD VIOLATION NOTICE DATE. THE CITY RESERVES THE RIGHT TO TAKE ANY AND ALL
ACTION, INCLUDING BUT NOT LIMITED TO ABATEMENT OF THE VIOLATION, ISSUANCE OF CITATIONS, AND ANY OTHER NECESSARY LEGAL ACTION. RESPONSIBLE PARTY SHALL BE RESPONSIBLE FOR ANY ABATEMENT COSTS INCURRED BY THE CITY.
Notice issued by: _______________________________ Title: __________________________________ Signature: ____________________________________ Date: ______________________ Notice received by: _______________________________ Title: __________________________________ Signature of Person Receiving Notice: ______________________________ Date: ______________________ Signing this notification acknowledges receipt and is not an admission of guilt. 880
State of California's Corrective Action Plan for
the City of Oxnard's Solid Waste Operations
Public Works and Transportation Committee
April 11, 2023
Robert Serrato
Recycling Manager
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RECOMMENDATION
2 That the Public Works and Transportation Committee
recommend that the City Council receive and file the State of California Senate Bill 619 Corrective Action Plan (CAP) for the City of Oxnard's Solid Waste Operations.
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Background
3 ● State of California Senate Bill 1383 (SB 1383), the Short Lived Climate Pollutants law, requires jurisdictions to increase diversion of organic waste from landfills
● Statewide target to divert organic landfill disposal by 75% in 2025
● The Goal of SB 1383 is to reduce methane emissions
from landfills and address food insecurity in California ● SB 1383 took effect on January 1, 2022 and required
compliance with a majority of its provisions by that date 883
BACKGROUND
4 ● The City and many other jurisdictions have struggled to comply with SB 1383’s deadlines due to:
○ Lack of existing local infrastructure to process organic waste
○ Supply chain disruptions by Covid 19 Pandemic
○ Staffing shortages
○ Unfunded State mandate
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BACKGROUND
5 ● State of California Senate Bill 619 (SB 619) was passed to provide jurisdictions with relief from penalties for not complying with SB 1383 requirements by January 1, 2022
● SB 619 allowed the City to submit a Notice of Intent to Comply (NOIC) to the California Department of Resources Recycling and Recovery (CalRecycle)
● The City Council passed Resolution No. 15,542 on March 1, 2022, allowing the submittal of a NOIC to CalRecycle
proposing a timeline for execution of the provisions of SB 1383
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DISCUSSION
6 ● CalRecycle issued a draft Correction Action Plan (CAP) to the City in November 2022
● Environmental Resources staff and CalRecycle staff
worked to finalize the CAP tasks and target completion
dates
● CalRecycle issued a final CAP to the City on March 6, 2023, that outlines the tasks the City must complete in order to come into compliance with SB 1383
● City of Oxnard is one of 160 California cities that have been issued a CAP
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DISCUSSION
7 ● CalRecycle’s CAP lists 30 tasks to be completed by March 1, 2024
● 9 tasks have been completed by the City and ER staff
needs to provide verification to CalRecycle
● The remaining 21 need to be completed no later than March 1, 2024 or the City could be issued administrative civil penalties of $500 to $10,000 per violation per day
● In order to comply with the State mandates, ER staff will be reaching out in person and by mail through the United
States Postal Service to commercial, industrial and
residential customers to help bring them into compliance 887
DISCUSSION
8 Major challenges:
● Achieving compliance for residential, multi-family, and commercial waste generators for organic and
non-organic recycling services
○ Despite numerous attempts to inform our
customers, we have yet to reach the States
mandated thresholds for organics and recycling
services
● The following are highlights of the City’s outreach efforts conducted to date:
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DISCUSSION
9 Major challenges (Continued):
● Mailed four separate letters asking multi-family and
commercial generators to sign-up for organic and
non-organic recycling service or apply for a waiver if eligible ● After mailings, staff followed up with phone calls in 2020 and 2021
● Mail inserts to generators in their utility bills informing them of the new organic waste recycling mandates
● ER Staff has hosted over 25 information booths, passed out flyers and conducted presentations on SB 1383 at over 25 community events
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DISCUSSION
10 Major challenges (Continued):
● ER Staff must conduct annual route reviews of all
commercial and residential waste collection routes
● CalRecycle has calculated the City’s annual organic waste product procurement target at 16,374 tons. City will have to identify additional organic waste product procurement
opportunities to meet our procurement target.
● Recover 20 percent of edible food for human consumption that would otherwise be disposed of by 2025. The City will partner with the County of Ventura and participating cities to create and develop the Ventura County Regional SB
1383 Food Recovery Plan.
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DISCUSSION
11 Major challenges (Continued):
In order to comply, ER staff will visit non-compliant multi-family and commercial generators and begin issuing Notice of
Violations (NOV). The NOV process will work as follows:
● 1st NOV - allows 20 days to come into compliance by
starting service or submitting proof of eligibility for a waiver ● 2nd NOV - if no action is taken, a second NOV will be issued and allow an additional 20 days to comply.
● 3rd NOV - if no action is taken, a third and final NOV will be issued allowing an additional 20 days to comply for a total of 60 days from the first NOV.
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DISCUSSION
12 Major challenges (Continued):
● If no action is taken after the third NOV, per Section 19-162(D) of City Code, services necessary to comply with SB 1383 will be automatically provided by the City
● The new services will be reflected in the generator’s utility bill. Costs will vary depending on the services required ● Failure to comply with SB 1383 by March 1, 2024, will result in the City being fined $500 to $10,000 per violation per day ● Additionally, CalRecycle has the authority to directly issue a NOV and penalties to a waste generator for failing to comply with the new State mandates
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DISCUSSION
13 ● Environmental Resources staff will continue to work to meet the requirements of SB 1383 by:
○ Providing outreach to residents and businesses
○ Conducting site visits to evaluate service level needs ○ Performing inspections of waste containers to minimize contamination of the organic waste stream
○ Issuing notice of violations to non-compliant waste
generators
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DISCUSSION
14 Unrelated to the CAP:
● Currently organics received at the Del Norte Recycling and Transfer Station (Del Norte) are going to Agromin in Santa Paula and Simi Valley
● City is exploring developing an organic waste processing facility with Colony Energy Partners at Del Norte
● If constructed, the facility will enable the City to reduce its costs of transportation and disposal of green and food
waste currently collected by the City
● Recovered organic waste can be used as feedstock, in the production of renewable energy and as compost/fertilizer 894
FINANCIAL IMPACT
15 ● There is no fiscal impact for the recommended action ● Any new services required by SB 1383 will be charged per the current rate model, when applicable
● To comply with all aspects of the State’s mandate, the City will need to procure additional materials and equipment in compliance with SB 1383, which may result in additional funding requests in future recommended operating budgets 895
Questions?
896