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RESOLUTION NO.
7838
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
RIALTO,
CALIFORNIA,
AUTHORIZING
THE
CITY
MANAGER
TO SUBMIT A NOTIFICACTION OF INTENT TO COMPLY WITH
THE REGULATORY MANDATES ADOPTED BY THE STATE OF
CALIFORNIA
THORUGH
SENATE
BILL
1383
AND
IMPOSED
UPON
THE
CITY
OF
RIALTO,
WHEREBY
THE
CITY
MAY
SECURE
ADMINISTRATIVE
PENALTY
RELIEF
FOR
A
BROADER AND LONGER-TERM
REGULATORY COMPLIANCE
PATH
THYROUGH
A
CORRECTIVE
ACTION
PLAN
AS
ALLOWED BY SENATE BILL 619.
WHEREAS,
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (
the “
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; and
WHEREAS,
the City of Rialto is a local jurisdiction required to comply with the
Regulations; and
WHEREAS,
the City of Rialto 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 (
the “
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
Rialto
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.
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council of the City of Rialto 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 Rialto 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 of Rialto 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 Rialto 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. /////
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7
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PASSED APPROVED AND ADOPTED
this 22nd day of February, 2022.
_______________________________
Deborah Robertson, Mayor
ATTEST:
______________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC VAIL, City
Attorney
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7
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STATE OF CALIFORNIA
)
COUNTY OF SAN BERNARDINO
) ss
CITY OF RIALTO
)
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.7838
was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 22nd
day of February, 2022.
Upon motion of Council Member Carrizales, seconded by Mayor Robertson, the foregoing Resolution No.7838
was duly passed and adopted.
Vote on the motion:
AYES: Mayor Robertson
, Council Member Trujillo, Carrizales and Perez
NOES: Mayor Pro Tem Scott
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this 23rd day of February, 2022.
____________________________________
BARBARA McGEE, CITY CLERK
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7
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Exhibit “A” Follows this Page.
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7
Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].
A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].
A jurisdiction shall, at minimum, include the following in its notification:
1. A description, with specificity, of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7
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Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: County:
Person Completing the Form:
First Name: Last Name:
Title:
Mailing Address:
City: Zip Code:
Email Address:
Phone Number:
1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.
Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance City of Rialto
San Bernardino
Marcus Fuller
Marcus
Fuller
City Manager
150 S. Palm Ave.
Rialto
92376
[email protected]
909-820-2528
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7
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(S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.
Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1)
(2)
(3)
(4)
(5)
Please see attached sheets.
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7
------------------------------ ------------------------------ ------------------------------ ----------------------------
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
Signature Printed Name Title Date
Marcus Fuller
City Manager
2/17/2022
A delay is necessary to fully evaluate all of the program elements, determine assignment of responsibility between the City and its Solid Waste Franchisee, determine cost impacts, identify funding requirements, prepare Solid Waste Rate Study to analyze current fee revenues with increased program costs, pursue potential rate increase thorugh the Proposition 218 protest process required by the California Constitution, purchase new equipment and vehicles that are impacted by continuing supply chain delays, coordinate with San Bernardino County on edible food recovery program, and several other logistical issues that prevent full compliance at this time.
The City of Rialto is a lower-income community with many areas identified as disadvantaged and environmental justice communities. The City's residents and businesses continue to face challenges through the COVID-19 pandemic in returning to full employment or full business sales at the level pre-pandemic. The SB1383 program involves many new programs imposing higher costs on the City and its Solid Waste Franchisee, and may require rate increases on our residents and business owners to offset these costs. A rate increase during the COVID-19 pandemic while residents and business are struggling is a concern.
Please refer to attached sheet.
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:
TASK 2: Date to be completed:
TASK 3: Date to be completed:
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:
TASK 2: Date to be completed:
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents Action
TASK 1: Purchase two additional collection trucks and modify collection routes
TASK 2: The city will work with its hauler to find a facility to accept mixed organic waste.
Proposed Schedule
Date to be completed:
4/7/2022
Date to be completed:
4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.
Action:
TASK 1: Purchase two additional collection trucks and modify collection routes
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.
Proposed Schedule
Date to be completed:
4/21/2022
Date to be completed:
4/28/2022
Attached
Attached
Attached
Attached
Attached
Add Attachment
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 SB 1383 Continuing Violations
(1) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
i. The City has not implemented organic waste recycling collection services to include food waste for residential customers. Note: A residential green waste program is currently in place.
ii. The City has not implemented an expanded food waste program for low threshold commercial customers or multi -family complexes. Note: A commercial food waste and green waste program is available for businesses as well as a green waste program for the multi-family sector.
(2) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
i. The City has not yet implemented recordkeeping requirements for compliance with organic waste collection services as the City is still negotiating the programs for low volume generators. SB 1383- compliant reporting standards will be included as a requirement in the restated franchise agreement.
(3) 14 CCR section 18984.5 Container Contamination Minimization
i. The City has not implemented a mechanism for monitoring container contamination by the generators. The City’s hauler does have a contamination program for gross contamination but it needs to be modified to comply with 1383 regulations.
(4) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
i. The City has not yet implemented recordkeeping requirements for tracking container contaminants as the City has not yet implemented container contamination minimization programs.
(5) 14 CCR section 18984.7 Container Color Requirements
i. The City has not provided containers for collection services to all generators that comply with container color requirements.
(6) 14 CCR section 18984.8 Container Labeling Requirements
i. The City's franchise hauler is not required to place labels on each new container or lid provided to generators specifying materials allowed to be placed in each container.
(7) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction
i. The City is not implementing all applicable commercial (less than 2cy) and multi -family (adding food waste collection) organic collection locations and the associated requirements, such as compliant containers. The City has not implemented the waiver program process for qualifying accounts.
Note: The City already provides mandatory green waste and food waste collection to all residential multi-family locations.
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 (8) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach.
i. The City is not currently providing education and outreach related to Organic Waste Recovery.
(9) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach
i. The City is not currently providing education and outreach related to Edible Food Recovery.
(10) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
i. The City is not implementing the required education and outreach for the remaining generators that need mandatory organic waste recovery services or the commercial edible food generators.
(11) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers
i. The City has not established an approval process for self-haulers. The City does not have an ordinance allowing generators to self-haul source-separated organic waste.
Note: Rialto has an exclusive franchise agreement with Burrtec Waste Industries for organic waste and recycling services.
(12) 14 CCR section 18988.3. Self-haulers of Organic Waste (13) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
i. No hauler program – the City is not currently approving self-haulers.
ii. Not monitoring to ensure haulers are taking organic waste to an appropriate organic waste processing facility.
iii. The City is not keeping records for hauler program.
(14) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program
i. The City does not have an edible food recovery program.
(15) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
i. Not identifying all Tier 1 and Tier 2 commercial edible food generators
ii. Not putting a list of FRQs on the City website
iii. Not assessing current community food recovery capacity and plan with county partner
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 iv. Not being able to inspect all applicable commercial edible food generators to verify contracts and or written agreements in place
v. Not having all necessary data for associated recordkeeping requirements due for initial and annual reporting
(16) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning
i. No organic waste recycling capacity planning
(17) 14 CCR section 18992.2. Edible Food Recovery Capacity
i. Not coordinating with the County to:
a. Estimate the amount of all organic waste in tons that will be disposed by the City b. Respond to the county’s request for information within 120 days of request c. Conduct community outreach regarding locations being considered for new or expanded facilities, operations or activities
ii. Not coordinating with the County to:
a. Estimate the amount of edible food that will be disposed by commercial edible food generators located within the city
b. Identify existing capacity of food recovery organizations available to commercial edible food generators located within the city
c. Identify proposed new or expanded food recovery organizations and food recovery services that will be used to recover edible food
d. Identify the amount of new or expanded capacity, if any, of food recovery organizations.
(18) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target
i. The City has not implemented a program to ensure it will reach its recovered organic waste product procurement target under Title 14, Division 7, Chapter 12.\
(19) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
i. The City does not currently maintain the required records related to recovered organic waste product procurement because the City is not currently procuring the required products.
(20) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements
i. The City currently has an Environmentally Preferable Purchasing Policy congruent with Section 22150 of the Public Contracts Code related to SB 1383. However, the EPPP will be updated to include further requirements of Sections 22152-22154 of the Public Contracts Code.
(21) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 i. The creation of adequate operational plan for the application of mulch/compost needed to meet annual organic waste procurement targets set for our jurisdiction. Establish program for paper product procurement.
ii. Do not have necessary data for associated recordkeeping requirements.
(22) 14 CCR section 18995.1. Jurisdiction Inspection Requirements
Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
i. The City does not have a compliance review program to ensure compliance with Section 18995.1(a)(1)(A) and (B)
(23) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (24) 14 CCR section 18995.4. Enforcement by a Jurisdiction
i. Not implementing an inspection and enforcement program that is designed to ensure overall compliance including a process to complete compliance reviews of all solid waste collection accounts for commercial businesses that are subject to its authority and that generate two cubic yards or more per week of solid waste, including organic waste.
ii. Not implementing a process for annual route reviews and waste evaluations
iii. Not implementing a process for maintaining all records required in the Implementation Record
iv. Not implementing an enforcement program to issue Notice of Violations and commence actions to impose penalties.
Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.
Regulatory Requirement and Description
14 CCR section 18984.1 Three-Container Organic Waste Collection Services 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
14 CCR section 18984.5 Container Contamination Minimization 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization 14 CCR section 18984.7 Container Color Requirements
14 CCR section 18984.8 Container Labeling Requirements
14 CCR section 18984.11 Waivers Granted by a Jurisdiction
i. Not implementing foodwaste/food soiled paper collection at all residential, foodwaste/food soiled paper and recycling at all multi -family complexes, applicable commercial (less than 2 cy) organic collection locations and the associated requirements, such compliant containers, container monitoring, etc.
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 Note: The City already provides mandatory greenwaste and recycling collection to all residential locations. The City is implementing mandatory service for the remaining 534 businesses over 2cy.
Action: Proposed Schedule:
Task 1: Negotiate franchise agreement.
Present to Burrtec subcommittee, Economic
Development Committee, Utilities Commission,
City Council (Prop 218 Hearing)
Date to be completed:
July 2023
Task 2: Implement rate adjustments Date to be completed: July 2023 Task 3: Hire additional staff or designate the
hauler to c omplete necessary assessments for
applicable multifamily and businesses under 2CY
and determine if a waiver is applicable or level of
service is needed.
Date to be completed:
September 2022
Task 4: Modify current container contamination
program for residential and commercial (lid
flip/red tag) to ensure that every route is reviewed
annually.
Date to be completed:
July 2023
Task 5: Purchase necessary containers and
collection vehicles
Date to be completed: January 2024
Task 6: Inform businesses and multifamily
complexes that services will commence on
January 2024
Date to be completed:
August 2023
Task 7: Roll out collection containers to applicable
commercial and multi -family locations. Start
collecting food waste/food soiled paper in green
containers for residential
Date to be completed:
December 2023
Task 8: Set up recordkeeping for organic waste
collection services and container contamination
Date to be completed:
November 2023
Regulatory Requirement and Description
14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. 14 CCR section 18985.2. Edible Food Recovery Education and Outreach 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
i. Not implementing t he required education and outreach for the remaining generators that need mandatory organic waste recovery services or the commercial edible food generators. Note: Initial outreach information has been provided to the commercial and multi-family sector via a direct mailing in January 2022.
Action: Proposed Schedule:
Task 1: Burrtec provide information to the City for
the webpage. Implement CalRecycl e campaign
tools for residential sector to coincide with the
anticipated program start date
Date to be completed:
October 2023
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 Task 2: Burrtec to provide information to Tier 1
and Tier 2 commercial edible food generators.
Date to be completed:
July 2022
Regulatory Requirement and Description
14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers 14 CCR section 18988.3. Self-haulers of Organic Waste
14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
i. The City has not established an approval process for self-haulers. The City does not have an ordinance allowing generators to self-haul source-separated organic waste.
ii. No hauler program – the City is not currently approving self-haulers.
iii. Not monitoring to ensure h aulers are taking organic waste to an appropriate organic waste processing facility.
iv. The City is not keeping records for hauler program.
Note: Rialto has an exclusive franchise agreement with Burrtec Waste Industries for organic waste and recycling services.
Action: Proposed Schedule:
Task 1: Establish approval process for self-haulers Date to be completed: January 2023 Task 2: Establish monitoring program for approved
self-haulers
Date to be completed:
July 2023
Task 3: Keep records for self-hauler program Date to be completed: January 2024
Regulatory Requirement and Description
14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
i. The City does not have an edible food recovery program.
ii. Not identifying all Tier 1 and Tier 2 commercial edible food generators
iii. Not putting a list of FRQs on the City website
iv. Not assessing current community food recovery capacity and plan with county partner
v. Not being able to inspect all applicable commercial edible food generators to verify contracts and or written agreements in place.
vi. Not having all necessary data for associated recordkeeping requirements due for initial and annual reporting
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 Action: Proposed Schedule:
Task 1: Establish an edible food recovery program
or partner with San Bernardino County program.
Date to be completed:
January 2024
Task 2: Utilize Cal Recycle tools to i dentify all Tier 1 and Tier 2 commercial edible food generators
Date to be completed:
July 2022
Task 3: Post list of FRQs on the City website Date to be completed: July 2022 Task 4: Develop a plan to inspect all applicable
commercial edible food generators to verify
contracts and or written agreements in place and
to collect the necessary data for recordkeeping
and annual reporting requirements.
Date to be completed:
July 2023
Regulatory Requirement and Description
14 CCR section 18992.1. Organic Waste Recycling Capacity Planning 14 CCR section 18992.2. Edible Food Recovery Capacity
i. Not coordinating with the County to:
a. Estimate the amount of all organic waste in tons that will be disposed by the City b. Respond to the county’s request for information within 120 days of request c. Conduct community outreach regarding locations being considered for new or expanded facilities, operations or activities
ii. Not coordinating with the County to:
a. Estimate the amount of edible food that will be disposed by commercial edible food generators located within the city
b. Identify existing capacity of food recovery organizations available to commercial edible food generators located within the city
c. Identify proposed new or expanded food recovery organizations and food recovery services that will be used to recover edible food
d. Identify the amount of new or expanded capacity, if any, of food recovery organizations.
Action: Proposed Schedule:
Task 1: Set up a meeting with the County to
determine:
1. Organic waste in tons that will be disposed by
the City.
2. Determine w ho will conduct community
outreach regarding locations being considered for
new or expanded facilities, operations or activities
(City or County)
3. Determine and establish who will run the edible
food recovery program
Date to be completed:
July 2022
Task 2: If the County is not conducting community
outreach, City or hauler will conduct community
outreach.
Date to be completed:
December 2022
Task 3: If the County is not estimating, City to
estimate amount of edible food that will be
Date to be completed:
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 disposed by commercial edible food generators
located within the city.
January 2023
Task 4: If the County is not identifying, City to
Identify existing capacity of food recovery
organizations available to commercial edible food
generators located within the city.
Date to be completed:
January 2023
Task 5: If the County not identifying, the City to
identify proposed new or expanded food recovery
organizations and food recovery services that will
be used to recover edible food.
Date to be completed:
July 2023
Task 6: If the County not identifying, the City to
identify the amount of new or expanded capacity,
if any, of food recovery organizations.
Date to be completed:
July 2023
Regulatory Requirement and Description
14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
14 CCR section 18993.3. Recycled Content Paper Procurement Requirements. 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
i. The creation of adequate operational plan for the application of mulch/compost needed to meet the annual organic waste procurement targets set for our jurisdiction. Establish program for paper product procurement.
ii. Not having necessary data for associated recordkeeping requirements
Action: Proposed Schedule:
Task 1: Continue our research into meeting
percentage targets, including City operations,
hauler activities, such as compost giveaways.
Date to be completed:
July 2023
Task 2: Assess applicable locations for the addition
of mulch and or compost meeting annual tar gets
in cooperation with our Parks Department.
Date to be completed:
January 2023
Task 3: Utilize organic material at identified
locations throughout the City
Date to be completed:
January 2024
Regulatory Requirement and Description
14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements 14 CCR section 18995.4. Enforcement by a Jurisdiction
i. The City does not have a compliance review program to ensure compliance with Section 18995.1(a)(1)(A) and (B)
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 ii. Not implementing an inspection and enforcement program that is designed to ensure overall compliance including a process to complete compliance reviews of all solid waste collection accounts for commercial businesses that are subject to its authority and that generate two cubic yards or more per week of solid waste, including organic waste.
iii. Not implementing a process for annual route reviews and waste evaluations
iv. Not implementing a process for maintaining all records required in the Implementation Record
v. Not implementing an enforcement program to issue Notice of Violations and commence actions to impose penalties.
Action: Proposed Schedule:
Task 1: Develop and submit SB 1383 ordinance or
enforceable mechanism
Date to be completed: April 1, 2022
Task 2: Determine who will conduct inspection
and enforcement program, the City or the hauler
Date to be completed: July 2022
Task 3: Develop inspection process of commercial
entities
Date to be completed: July 2022
Task 4: Develop enforcement procedures to
inform entities of compliance issues. Notice of
Violations.
Date to be completed: January 2023
Task 5: Develop system for storing all records and
determine who at the City will maintain all records
required in the Implementation Record.
Date to be completed: January 2023
Task 6: Determine who will conduct annual route
reviews and waste evaluations. (City or hauler)
Date to be completed: July 2022
Task 7: Develop system for collecting and storing
data captured during annual route reviews and
waste evaluations.
Date to be completed: January 2023
Explanations as to proposed schedule:
The City of Rialto and its franchise solid waste hauler (Burrtec) will evaluate all of the SB1383 program requirements and identify the particular program elements to be administered by the City and those to be administered by Burrtec, or those to be administer collectively by both parties. The SB1383 program review will be initiated in March and completed by July 2022. Estimated time to complete: 5 months Following a determination as to the SB1383 program elements assigned for administration by either the City or Burrtec, or both, the City and Burrtec will evaluate the logistics of providing the public services and delivering the program objectives, including a wholistic review of all components of cost, purchasing requirements including solicitation of new purchase contracts or service agreements for services or materials, etc. The logistics review of SB1383 program evaluation will be initiated in July 2022 and completed by January 2023. Estimated time to complete: 6 months One element of SB1383 program to be determined relates to edible food recovery program, and whether a larger coordinated effort will be undertaken by San Bernardino County Health Department. It is DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 unknown the period of time or sequence of steps re quired to accomplish this item to the extent San Bernardino County elects to offer a coordinated program for edible food recovery. Assuming San Bernardino County has made a determination by July 2022, the City anticipates performing community outreach to all edible food generators over a 5 month period from July 2022 to December 2022. During that time the City and/or County will complete assessments of the volume of edible food to be recovered and capacity for its reuse / disposal will be identified. Estimated time to complete: 5 months The City anticipates completing its formal review and assessment of all SB1383 program elements with Burrtec (and as to edible food recovery program with San Bernardino County) by January 2023. During that time the City and Burrtec will have audited and confirmed the number of multi-family properties and commercial properties eligible for waiver/exemption of certain program elements. During this period of time leading up to January 2023, cost estimates for various SB1383 program elements will be developed that relate to: (1) administrative costs, including need for new personnel for regulatory monitoring, compliance, record keeping, and overall administration of the SB1383 program; (2) capital costs, including costs (and lead-time for delivery) of new solid waste containers and collection vehicles required for multi- family and/or commercial properties; (3) operational costs related to the transport, processing and disposal of the organics waste stream. Estimated time to complete: 6 months In accordance with Article XIIID of the California Constitution (Proposition 218), the City is legally required to prepare a formal Solid Waste Rate Study for development of reasonable and anticipated costs relating to the SB1383 program by which the City can determine the availability of existing revenues and estimated costs and if additional revenues through any rate increase is necessary. The Solid Waste Rate Study will identify and estimate up to a 5 -year program cost and resulting solid waste and recycling fees for residential and commercial properties required to adequately fund the program.
Although the City may raise rates to increase revenues to accommodate increasing costs to its public services similar to the SB1383 program, the City is required to follow the prescr ibed process for raising such rates pursuant to California Constitution at Article XIIID in Section 6, a minimum 45-day mailed notice to each property owner giving them an opportunity to “protest” such an increase. However, Section 6 prescribes mandatory requirements, including:
(1) Revenues derived from the fee or charge shall not exceed the funds required to provide the property related service.
(2) Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.
(3) The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel. (4) No fee or charge may be imposed for a ser vice unless that service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of a service are not permitted. Standby charges, whether characterized as charges or assessme nts, shall be classified as assessments and shall not be imposed without compliance with Section 4. (5) No fee or charge may be imposed for general governmental services including, but not limited to, police, fire, ambulance or library services, where the service is available to the public at large in substantially the same manner as it is to property owners. Reliance by an agency on any parcel map, including, but not DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7 limited to, an assessor’s parcel map, may be considered a significant factor in determinin g whether a fee or charge is imposed as an incident of property ownership for purposes of this article. In any legal action contesting the validity of a fee or charge, the burden shall be on the agency to demonstrate compliance with this article.
In order to fully evaluate the mandatory requirements of items 1 through 5 above required by the California Constitution, the Solid Waste Rate Study will be prepared following all of the internal and external reviews and audits of the SB1383 program implementation. Review of the draft Rate Study will be required by the City’s Economic Development Committee (ED C), the City’s Utilities Commission, and the City Council. It is anticipated a draft Rate Study will be prepared by March 2023 and processed for review by EDC, Utilities Commission and City Council by June 2023 allowing for consideration and approval of the Rate Study at a public hearing to be scheduled in mid -July 2023. Estimated time to complete: 6 months
Note, increased rates for refuse collection services as that term is used in Section 6 of Article XIIID of the California Constitution may not be approved by the City Council to the extent written protests against the proposed fee or charge are presented by a majority of owners of the identified par cels, and is not automatic.
If the Rate Study is approved and a majority protest is not received, the City Council may adopt the solid waste rates to accommodate the SB1383 program with such rates to be transmitted by August 2023 to the San Bernardino County Auditor-Tax Collector for inclusion on the City’s property tax assessment roll for the 2023 -2024 property tax bill. (The City of Rialto utilizes tax roll billing for some residential and commercial customers). Subsequently, the City will anticipate receiving increased solid waste revenues adequate to cover estimated SB1383 program costs with its property tax receipts starting in October/November 2023 revenues allowing for full SB1383 implementation and service delivery by January 2024. Estimated time to complete: 6 months
The City’s Action Plan can be summarized as follows:
• SB1383 City/Burrtec Program Evaluation: 5 months
• SB1383 Program Logistics Review: 6 months
• SB1383 Edible Food Recovery Program Coordination: 6 months (in parallel with prior milestone) • SB1383 Program Cost Evaluation: 6 months
• Solid Waste Rate Study: 6 months
• Solid Waste Rate Increase Implementation: 6 months
The estimated time frame to accomplish this sequence of action items will commence March 1, 2022, through December 31, 2023, allowing for full implementation of SB1383 by the City of Rialto by January 2024.
DocuSign Envelope ID: FA8A5C11-07CC-4A1C-B7CC-260B1EAB3DA7