RESOLUTION NO. 2022-16
RESOLUTION NO. 2022-16 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING THE NOTIFICATION OF INTENT TO COMPLY WITH SB 1383 REGULATIONS WHEREAS, the California Department of Resources, Recycling, and Recovery (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% reduction in the level of the statewide disposal of organic waste by 2020 and a 75% reduction by 2025; and WHEREAS, the City of Pomona is a local jurisdiction required to comply with the Regulations; and WHEREAS, the City of Pomona is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and 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; and WHEREAS, the City of Pomona is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle 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, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The City Council of the City of Pomona, by and through its City Manager, hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.” SECTION 2. The City Council of the City of Pomona hereby authorizes and directs its 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 of Pomona 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 of Pomona, by and through its City Manager, 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 Regulations identified in its Notification of Intent to Comply.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 7h day of February 2022.
CITY OF POMONA:
______________________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on February 7, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
Resolution No. 2022-16
February 7, 2022
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