1 Marcus Fuller
From: Rasmussen, Joseph@CalRecycle <[email protected]> Sent: Monday, February 7, 2022 11:10 AM
To: Marcus Fuller
Cc: Mayor Deborah Robertson; Amy Crow; McDonald, Catherine@CalRecycle; Sprecher, Darin@CalRecycle
Subject: Notice: Mandatory Commercial Recycling and Mandatory Organics Recycling Program Implementation Gaps, Plan Requested
Attachments: At Any Time Letter From Scott Smithline January 2017.pdf; Formal 30-day letter - Rialto.pdf; Sample Formal Plan.docx
Importance: High
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Mr. Fuller,
The Department of Resources Recycling and Recovery (CalRecycle) has conducted a jurisdiction review of City of Rialto to determine compliance with Mandatory Commercial Recycling (MCR) and Mandatory Commercial Organics Recycling (MORe), also known as AB 341 and/or AB 1826, respectively. In accordance with Public Resources Code (PRC) Section 42649.3(h) and PRC Section 42649.82(g)(2), CalRecycle is authorized to conduct reviews of a jurisdiction’s programs at any time.
Pursuant to PRC Section 41821, jurisdictions are required to conduct education, outreach, and monitoring activities annually to covered businesses and multifamily residential dwellings and provide an update to CalRecycle each reporting year.
See the attached 30-day letter that outlines the program implementation gaps.
At this time, the City is requested to submit a detailed MCR and MORe Program Action Plan (Plan) with milestones and expected completion dates to address the program gaps identified. As discussed during our phone call, I have provided a sample plan outline that may assist you in preparation of your Plan.
Thank you,
Joe Rasmussen, Ed.D.
Environmental Program Manager
Local Assistance & Market Development Branch
Central Section
CalRecycle
1001 I Street
Sacramento, CA 95812
(916) 341-6214
[email protected]
The contents of this communication and any analysis, guidance, or other information herein are based on current, existing, known facts and legal authority as described to and understood by the author and/or CalRecycle at the time of this communication. Please be advised that any relevant facts or legal authority or authorities that are undisclosed or unknown at the time of this communication may affect or alter any analysis, guidance, or other information herein. Please be further advised that any analysis, guidance, or other information herein may be subject to change and/or correction based on changed facts or legal authority, actual or understood, subsequent to the time of this communication. No analysis, guidance, or 2 other information herein should be construed as a waiver of any rights or remedies available to CalRecycle. Recipients of this communication are encouraged to seek the assistance of legal counsel to comply with applicable state law based on current facts and circumstances.
1001 I Street, Sacramento, CA 95814 P.O. Box 4025, Sacramento, CA 95812 www.CalRecycle.ca.gov (916) 322-4027
California Environmental Protection Agency
Department of
Resources Recycling and Recovery
Gavin Newsom
California Governor
Jared Blumenfeld
Secretary for Environmental Protection
Rachel Machi Wagoner
CalRecycle Acting Director
February 7, 2022
Marcus Fuller
City Manager
150 S. Palm Avenue
Rialto, CA 92376
RE: Notice of Mandatory Commercial Recycling and Mandatory Commercial Organics Recycling Program Implementation Gap(s)
Dear Marcus Fuller:
The Department of Resources Recycling and Recovery (CalRecycle) has conducted a review of the City of Rialto to determine compliance with Mandatory Commercial Recycling (MCR) and the Mandatory Commercial Organics Recycling (MORe), also known as AB 341 and AB 1826, respectively. In accordance with Public Resources Code (PRC) Section 42649.3(h) and PRC Section 42649.82(g)(2), CalRecycle is authorized to conduct reviews of a jurisdiction’s programs at any time.
As a result, of the review, the City of Rialto has been found to be deficient in implementing its MCR and MORe programs. CalRecycle’s Local Assistance and Market Development (LAMD) has discussed this with the City’s Annual Reporting contact, Amy Crow, on January 31, 2022.
Pursuant to PRC Section 42649.3(i) and 42649.82(h), CalRecycle evaluates a number of factors in its evaluation of the jurisdiction’s good faith effort. Good faith effort means all reasonable and feasible efforts have been made by the jurisdiction to implement its MCR and MORe programs. CalRecycle has determined the jurisdiction is not making a good faith effort based upon the following factors:
1. Mandatory Commercial Recycling
A. Based on the most recent monitoring numbers submitted by the jurisdiction on 12/13/2021, there is still non-compliance with the MCR program. Non-compliance for MCR businesses is 14% (out of 659 businesses meeting the threshold, 92 are not recycling), and 30% for multifamily dwellings (out of 98 multifamily dwellings meeting the threshold, 29 are not recycling).
2. Mandatory Commercial Organics Recycling
A. Based on the most recent monitoring numbers submitted by the jurisdiction on 12/13/2021, there is still non-compliance with the MORe program. Non-
compliance for MORe businesses is 63% (out of 849 businesses meeting the threshold, 534 are not recycling), and 40% for multifamily dwellings (out of 98 multifamily dwellings meeting the threshold, 39 are not recycling).
At this time, the City is requested to submit a detailed MCR and MORe Plan (Plan) with strategies, milestones and expected completion dates to address the program gaps identified.
The Plan should demonstrate all reasonable and feasible efforts to address program gaps.
To have adequate time to assess the information submitted and provide additional information in the public agenda item, the Plan should be submitted by March 7, 2022.
At the public meeting in March 15, 2022:
1. If the City has submitted a Plan to adequately address the gaps as indicated in the public agenda item on March 15, 2022, LAMD staff will monitor implementation of Plan activities after the public meeting to ensure the program gaps are fully addressed.
Should the same gaps persist at any time the City will be notified and will be referred to the Jurisdiction Compliance Unit (JCU) for consideration of a compliance order.
2. If the gaps are not adequately addressed or a Plan is not submitted to address program implementation gaps, this information will be presented at the public meeting and the City will receive a letter from JCU indicating the start of the conferring period for consideration of a compliance order.
A. During the conferring time if the gaps are addressed, JCU will inform the jurisdiction a compliance order will not be issued, and the City will be referred back to LAMD for regular annual reviews. JCU will also report that the jurisdiction has addressed the gaps in a public report at one of the Department’s monthly meetings.
B. If JCU finds the gaps have not been addressed, JCU will initiate the process to commence issuing a compliance order. The City will receive information from JCU about the process should the jurisdiction proceed down that path. LAMD staff will continue working with the jurisdiction on other AB 939 program areas.
Should you have any questions regarding this letter, please contact Joseph Rasmussen, Section Manager at (916) 341-6214 or by email at [email protected].
Sincerely,
Joseph Rasmussen
Section Manager
Local Assistance and Market Development
cc: Cathy McDonald, Supervisor, CalRecycle
Darin Sprecher, Environmental Scientist, CalRecycle
Mayor Deborah Robertson, City of Rialto
Amy Crow, Administrative Analyst, City of Rialto