RESOLUTION NO. R-2022-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA, CALIFORNIA, APPROVING SUBMITTAL
OF A NOTIFICATION OF INTENT TO COMPLY WITH
CALRECYCLE SHORT-LIVED CLIMATE POLLUTANTS
REGULATIONS
A. Recitals
(i). CalRecycle, in consultation with the California Air Resources Board, has adopted Short -Lived Climate Pollutants Regulations (14 C.C.R. § 18981.1 et seq.) (SLCP 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.
(ii). The City of Placentia is a local jurisdiction required to comply with the Regulations;
(iii). Like numerous local jurisdictions across the state, the City of Placentia expects to be facing continuing violations of the SLCP Regulations commencing during the 2022 calendar year;
(iv). 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 SLCP 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.
(v). The City of Placentia is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; (vi). 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;
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Resolution R-2022-05 ATTACHMENT 1
1. The City Council hereby adopts the Notification of Intent to Comply attached as Exhibit "A."
2. The City Council authorizes and directs the City's City Administrator and/or the Deputy City Administrator to submit the Notification of Intent to Comply attached as Exhibit "A to CalRecycle for approval pursuant to Public Resources Code Section 42652.5.
3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Placentia 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 SLCP Regulations.
4. The City of Placentia by and through its the City Administrator and/ or his designee also acknowledges and agrees to comply with any maximum compliance deadline in any corrective 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 SLCP Regulations identified in its Notification of Intent to Comply.
APPROVED and ADOPTED this 15th day of February, 2022.
Rhonda Shader, , Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2022-05 ATTACHMENT 1
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City Of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 15th day of February 2022 by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
ABSTAIN:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-05 ATTACHMENT 1
Exhibit A
Notification of Intent to Comply
PLEASE SEE STAFF REPORT ATTACHMENT 2
Resolution R-2022-05 ATTACHMENT 1