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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 ------------------------------------------------------------------------ ------------------------------------------------------------------------ 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. ------------------------------- ---------------------------- 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