EXHIBIT A
NOTIFICATION OF INTENT TO COMPLY
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.
Please clearlv print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Santa Clarita County: Los Angeles Person Completing the Form:
First Name: Curtis | Last Name: Williams
Title: Solid Waste Administrator
Mailing Address: 23920 W. Valencia Blvd. #225
City: Santa Clarita Zip Code: 91355
Email Address: [email protected]
Phone Number: 661-255-4308
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:
X (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) 14CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11.
XI (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 (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.
LI(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) 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 boxes) below to write in the continuing violations for any regulatory sections) not reflected above and describe the specific violations related to the regulatory section.
Example:
Х (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1)
(2)
(3)
1(4)
• (5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.
a. The City is currently contracted with Waste Management to provide three-container residential collection service including garbage, recycling, and green waste collection service.
Proactive efforts by the City included discussions of enhancing organics collection service by including food waste with Waste Management since 2019. From 2019 until 2021, the City worked with Waste Management negotiating multiple deal points, reviewing draft franchise agreement amendment language, and rate structures. City staff and Waste Management were ultimately unable to agree to amended services and rates that would be competitive. As a result of the City and Waste Management not being able to come to an agreement with the necessary terms to incorporate the collection of food waste services in the current contract, the City needs additional time to complete a competetive procurement process for SB 1383-compliant solid waste collection services. The current contract with Waste Management expires June 30, 2023. b. The City is currently contracted with Burrtec to provide three-container commercial collection service including garbage, recycling, and green waste collection service. Burrtec provides commercial food waste collection service upon request. In order to be fully compliant with the SB1383 requirements and introduce programs and services that assist the City and the State in diversion goals, the City needs additional time to complete a competitive procurement process to include the required collection of food waste. The current contract with Burrtec expires June 30, 2023. The competitive procurement process includes both the commercial and residential collection services combined for the City of Santa Clarita. c. The City hired R3 Consulting Group to prepare a bid solicitation for residential and commercial collection service, which will include compliant diversion of food waste from the single-family, multi-family, and commercial sector waste streams. The City anticipates a franchise agreement, formally designating provision of compliant organic waste collection service, will be effective July 1, 2023. The RFP / draft agreement is requiring trucks that are less than 10 years old, new carts, and newly painted bins at start of agreement. The City is also requesting that proposers provide a guarantee statement on verifiable capacity for processing food waste for the City.
3. A description of the impacts of the COVID-19 pandemic on compliance.
The COVID-19 pandemic required City staff to prioritize relief efforts and emergency actions during 2020 and 2021. City offices closed and staff needed to transition to remote work conditions. The transition to remote work delayed the procurement of consultant services to initially negotiate with the current haulers, with the intent of amending the current franchise agreements. City staff were not able to continue outreach efforts and site visits with commercial generators due to remote work conditions and COVID-19 restrictions, including social distancing. Additionally, many businesses in the City shut down and/or permanently closed, resulting in a significant number of businesses reducing/ cancelling service and unwilling to subscribe to new organics collection services immediately upon reopening. Finally, due to global supply chain issues and shortage, delivery of equipment (new containers and trucks) are being delayed
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.
See below.
Regulatory Requirement: (B.i.) 14 CCR Section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing residential food waste collection for all single-family and multi- family residents. City provides green waste collection to all residents.
Action Proposed Schedule
TASK 1: Release RFP for contractor to Date to be completed: 2/1/22 provide organics collection service compliant
with 14 CCR 18984 and guarantee organic
waste processing capacity
TASK 2: Adopt franchise agreement for Date to be completed: 7/31/22 residential collection service
TASK 3: Franchise agreement takes effect Date to be completed: 7/1/23 TASK 4: Begin deploying new carts for Date to be completed: 7/1/23 collection service including food waste
collection service) to residential customers
TASK 5: All residents provided organics Date to be completed: 12/31/23 collection service including food waste
collection service)
Regulatory Requirement: (B.ii.) 14 CCR Section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection to all businesses.
City offers green waste and food waste collection service to all businesses Action Proposed Schedule
TASK 1: Release RFP for contractor to Date to be completed: 2/1/22 provide organics collection service compliant
with 14 CCR 18984 and guarantee organic
waste processing capacity
TASK 2: Adopt franchise agreement for Date to be completed: 7/31/22 commercial collection service
TASK 3: Franchise agreement takes effect Date to be completed: 7/1/23 TASK 4: Begin deploying new containers for Date to be completed: 7/1/23 collection service (including food waste
collection service) to commercial customers
TASK 5: All businesses provided organics Date to be completed: 12/31/23 collection service (including food waste
collection service)
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