HomeMy WebLinkAboutResolutions - No. 2022-41RESOLUTION NO. 2022-41
A RESOLUTION OF THE LODI CITY COUNCIL ADOPTING
NOTIFICATION OF INTENT TO COMPLY TO CALRECYCLE
WHEREAS, 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 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 Lodi is a local jurisdiction required to comply with the
Regulations; and
WHEREAS, the City of Lodi 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 Lodi 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; and
WHEREAS staff recommends authorizing the City Council to submit a Notification to
Comply to CalRecycle.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby formally
adopt the Notification of Intent to Comply attached as Exhibit "A"; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize and
direct the Public Works Director, on its behalf, to submit the Notification of Intent to Comply
attached as Exhibit "A" to CalRecycle for approval pursuant to the Statute; and
BE IT FURTHER RESOLVED, by submitting the Notification of Intent to Comply
pursuant to and subject to the above referenced requirements, the City of Lodi 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; and
BE IT FURTHER RESOLVED that the City of Lodi by and through its Public Works
Director 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.
Dated: February 16, 2022
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I hereby certify that Resolution No. 2022-41 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 16, 2022 by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
2022-41
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
NOIC CalRecvcle.ca. ov.
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 clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Lodi County:San Joaquin
Person Completing the Form:
First Name: Rebecca Last Name: Areida-Yadav
Title: Public Works Management Analyst
Mailing Address: P.O. Box 3006
City: Lodi
Email Address: rareida-yadav@lodi.gov
Phone Number: (209) 333-6706
Zip Code: 95241
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:
N (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
❑ (1) 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
❑ (0) 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.
❑(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:
N (1) (Type regulatory section number) (Type regulatory section title)
i. Describe the specific violations related to the regulatory section
® (1) 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.
® (2) 14 CCR section 18995.4 Enforcement by a Jurisdiction
i. Not implementing city ordinance allowing for enforcement. Note: City is in process of
drafting ordinance that will be taken for adoption in early 2022.
❑ (3)
❑ (4)
❑ (5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by
documentation, if applicable.
The City has been in talks with its franchised hauler on the implemenation of mandatory
foodwaste collection for residential customers. The implemenation of this mandatory service
will require collection services to go from bi-weekly to weekly collection. This change in service
level requires an amendment to the current franchise agreement. The City and franchise hauler
are in talks and will be negotiating changes/amendments to this agreement. The increase in
service levels will also require a change in the rates to residents and the City is currently waiting
on the rate structure from its franchise hauler. This change in rates will require the City to
3.
El
perform a Proposition 218 process to adopt and implement the new organic collection rate
structure.
The enforcement ordinance is currently being drafted and will be adopted in early 2022.
A description of the impacts of the COVID-19 pandemic on compliance.
The COVID-19 pandemic significantly delayed the planning process with both staff and the
City's franchise hauler. The focus shifted from compliance with current and planning for future
State regulations to reacting to the pandemic. Much of City staff and franchise hauler's time
was spent on complying with public health guidelines and protocols as it related to the
andemic.
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.
The City plans to conduct the Proposition 218 process to adopt residential organics rates in the
second quarter of calendar year 2022 for implementation by January 1, 2023. Residential
organics collection would begin the same time the rates are implemented on January 1, 2023.
The City's enforcment ordinance is being drafted and should be adopted no later than the third
quarter of calendar year 2022 well in advance of the start of residential organics collection
service.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the
best of my knowledge.
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Signature Printed Name Title Date
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.
Re ulato
Action
TASK 1:
TASK 2:
TASK 3:
Regulato
Action
TASK 1:
TASK 2
Requirement and Description
uirement and Descri
n
Proposed Schedule
Date to be completed:
Date to be completed:
Date to be completed
ed Schedule
Date to be completed:
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
Cityalready provides mandatory greenwaste collection to all residents
Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes _ 4/7/2022
TASK 2: The city will work with its hauler to find a facility to Date to be completed:
accept mixed organic waste. 4/14/2022
Note:
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: Proposed Schedule
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.
Date to be completed-
412112022
ompleted:4/21/2022
Date to be completed:
4/28/2022