HomeMy WebLinkAbout03 - Notice of Intent to Comply with SB 1383 Pursuant to SB 619Q SEW Pp�T
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z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
February 22, 2022
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Micah Martin, Deputy Public Works Director,
mmartin@newportbeachca.gov
PHONE: 949-644-3059
TITLE: Resolution No. 2022-16: Notice of Intent to Comply with SB 1383
Pursuant to SB 619
ABSTRACT:
The purpose of the attached Resolution and associated Notice of Intent to Comply (NOIC)
is necessary to request a time extension from CalRecycle pursuant to recently passed
Senate Bill 619 (SB 619) for implementation of the State of California (State) mandates
related to multi -family organics recycling as required by Senate Bill 1383 (SB 1383). The
NOIC, if approved by CalRecycle, would provide the City of Newport Beach (City) with a
time extension to December 31, 2023, for completion of full implementation of the multi-
family organics recycling program.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution No. 2022-16, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal to Ca/Recycle of a Notification of Intent to
Comply, Seeking Administrative Penalty Relief Related to State Mandated multi -family
Residential Organic Waste Diversion Requirements.
DISCUSSION:
The State approved SB 1383 in September 2016, establishing statewide methane
reduction targets. The targets include requirements to reduce the amount of organic
waste (such as food waste, paper products, and green waste) sent to landfills by 75%
and the reuse of 20% of edible food by 2025.
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Resolution No. 2022-16: Notice of Intent to Comply with SB 1383 Pursuant to SB 619
February 22, 2022
Page 2
To achieve these targets, SB 1383 requires all municipalities to implement various actions
including adoption of a mandatory recycling ordinance; providing new organics recycling
services to all residential, multi -family properties, and commercial businesses; developing
an edible food recovery program; as well as purchasing more recycled organic materials
and paper products. Municipalities, in turn, are requiring their contracted solid waste
haulers to comply with SB 1383 by modifying their solid waste and recycling hauler
franchise agreements so as to establish and require the necessary compliance,
enforcement, education and reporting programs.
SB 1383 required these actions be achieved by January 1, 2022. However, recognizing
the challenges facing local jurisdictions associated with the COVID-19 pandemic,
Governor Newsom signed SB 619 into law in October 2021. This new law allows local
jurisdictions to submit a Notification of Intent to Comply (NOIC) to CalRecycle, which
oversees the State's waste management, recycling, and waste reduction programs, for
relief from civil penalties for calendar year 2022. Requests for approval of a NOIC must
be submitted by March 1, 2022, and include an approved, supporting City Council
resolution.
Newport Beach's implementation of the SB 1383 action items are well underway. The
City adopted the necessary SB 1383 mandated recycling ordinance in November 2021,
which became effective January 1, 2022. The City's new residential organics recycling
program is currently being implemented, with the organics recycling carts being delivered
to residents through March 31, 2022. Necessary education and outreach will continue
throughout the year and includes providing information and assisting residents in
implementing the residential organics recycling program. The remainder of the SB 1383
mandated action items are also underway, with the exception of obtaining full participation
in the multi -family organics recycling programs.
There are approximately 100 multi -family properties in the City that have centralized
dumpster service and are collected under City, non-exclusive commercial franchises.
These multi -family properties are now required to have a food waste recycling program
by January 1, 2022. As of now, it is staff's understanding that most, if not all, of these
multi -family properties have not implemented organics recycling service. The City's
non-exclusive commercial waste and recycling franchise agreement was amended in
2019 and does not include a scope of work for the non-exclusive commercial haulers to
implement multi -family organic recycling programs in accordance with SB 1383. At the
time of the last amendment, all of the SB 1383 regulations were not developed or
finalized, therefore, multi -family organics recycling provisions were not incorporated into
the non-exclusive franchise amendment. Requesting a time extension will allow the City
adequate time to work with all five of its Tier One Commercial Franchise Haulers
individually to implement the required multi -family facility programs to meet these State
mandates.
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Resolution No. 2022-16: Notice of Intent to Comply with SB 1383 Pursuant to SB 619
February 22, 2022
Page 3
The purpose of the attached resolution and associated NOIC is to apply for and receive
a time extension from CalRecycle in order to complete the development and
implementation of the mandates related to multi -family organics recycling as required by
SB 1383. The NOIC and time extension request, if approved by CalRecycle, would
provide the City with a time extension to December 31, 2023, for completion of full
implementation of the multi -family organics recycling program. Without adoption of this
Resolution, NOIC, and request for a time extension, the City may be subject to
enforcement action from CalRecycle in 2022, as outlined in its current regulations.
FISCAL IMPACT:
The fiscal impacts associated with this item are primarily associated with minor increases
in staff and consultant costs needed to develop and oversee implementation of the multi-
family organics recycling program. Potential additional costs associated with State
penalties and fines of up to $10,000 could be incurred should the City not file a NOIC and
receive a time extension for program implementation from CalRecycle.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Resolution No. 2022-16
Attachment B — City of Newport Beach NOIC Application Form
Attachment C — Newport Beach NOIC Description and Tasks (Attachment to Attachment B)
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ATTACHMENT A
RESOLUTION NO. 2022-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL TO CALRECYCLE OF A NOTIFICATION OF
INTENT TO COMPLY, SEEKING ADMINISTRATIVE
PENALTY RELIEF RELATED TO STATE MANDATED
MULTI -FAMILY RESIDENTIAL ORGANIC WASTE
DIVERSION REQUIREMENTS
WHEREAS, CalRecycle, in consultation with the California Air Resources Board,
has adopted regulatory requirements ("Regulations") consistent with the mandate of
Senate Bill 1383 that are designed to achieve the organic waste reduction goals through
a 50 percent reduction in the level of 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;
WHEREAS, Senate Bill 619 codified in California Public Resources Code Section
42652.5 ("SB 619") created a mechanism referred to as a Notification of Intent to Comply
whereby a local jurisdiction may secure administrative civil penalty relief from any
continuing violations of the Regulations for the 2022 calendar year and be eligible for a
broader and longer-term regulatory compliance path, including suspended administrative
civil penalties, through a corrective action plan;
WHEREAS, the City of Newport Beach ("City") is a local jurisdiction authorized to
submit a Notification of Intent to Comply to CalRecycle in accordance with SB 619
provided the City adopts a resolution no later than March 1, 2022 that includes a
description, with specificity, of the continuing violations; detailed explanation of the
reasons, supported by documentation, why the local jurisdiction is unable to comply;
description of the impacts of the COVID-19 pandemic on compliance; and description of
the proposed actions the local jurisdiction will take to remedy the violations within the
timelines established in Section 18996.2 of Title 14, Division 7, Chapter 12, of the
California Code of Regulations with a proposed schedule for doing so; and
WHEREAS, the City is meeting its obligations related to the diversion of
municipal solid waste enumerated below, however, CalRecycle will initiate
compliance assessments of multi -family organic waste diversion in the summer of
2022 and the City requires additional time to ensure full compliance with the multi-
family organic waste diversion requirements without facing penalties by
CalRecycle.
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Resolution No. 2022 -
Page 2 of 5
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby formally adopts the Notification of Intent to
Comply attached hereto as Exhibit "A" and incorporated herein by reference.
Section 2: In accordance with Public Resources Code Section 42652.5, the
following facts and findings support the City's request for an extension:
a) Description, with specificity, of the continuing violations: In 2019, prior to
the effective date of Senate Bill 1383, the City adopted a new commercial
solid waste franchise that met the diversion requirements in effect at the
time. The City has taken a number of other steps, referenced in paragraph
(b) below, to meet its SB 1383 requirements. However, with respect to the
City's multi -family organics diversion requirements, there are approximately
100 multi -family properties in the City that have centralized dumpster
service and are collected under the commercial non-exclusive franchise.
Pursuant to SB 1383, these properties should have a food waste recycling
program as of January 1, 2022. However, the City requires additional time
to ensure that these multi -family properties and their respective commercial
solid waste haulers are, in fact, adopting and implementing an organics
recycling service.
b) Detailed explanation of the reasons, supported by documentation, why the
local jurisdiction is unable to comply: The City has met its obligations
related to the diversion of municipal solid waste in a number of ways
including, but not limited to, adopting a new commercial solid waste
franchise in 2019 that ensures compliance with state diversion
requirements; adopting code amendments that meet the requirements of
Assembly Bills 341 and 1826, and Senate Bill 1383; and entering into a new
residential solid waste collection agreement that ensures compliance with
state diversion requirements. However, the non-exclusive commercial
franchise agreement adopted by the City in 2019 does not include a scope
item for multi -family food waste recycling such that the Tier 1 haulers are
not explicitly required to provide these programs. Therefore, an amendment
to the non-exclusive franchise to include multi -family organics recycling may
be necessary. Alternatively, the City may ask the commercial solid waste
haulers to provide this service via the change in legislation clause in the
non-exclusive commercial solid waste franchise. Regardless of which path
the City takes, the City requires additional time to achieve full compliance
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Resolution No. 2022 -
Page 3 of 5
with the diversion requirements without facing penalties from CalRecycle
related to multi -family organics.
c) Description of the impacts of the COVID-19 pandemic on compliance: The
impacts of COVID-19 have been significant in Newport Beach. On March
4, 2020, Governor Gavin Newsom declared a State of Emergency to make
additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the
state prepare for the broader spread of COVID-19. The City followed suit
with a Proclamation of Local Emergency issued by the City Manager on
March 15, 2020 and ratified on March 18, 2020 by the Newport Beach City
Council authorizing certain actions to protect the health, safety, and welfare
of the public while continuing to maintain the City's standard services.
Specific to the collection and diversion of municipal solid waste, the City has
committed a number of additional resources to addressing COVID-19 which
detracted from City resources that would have otherwise been available to
meet SB 1383 requirements. This includes, but is not limited to, working
with solid waste haulers and CalRecycle to address the closure of
numerous materials recovery facilities; addressing solid waste haulers
failure to meet scheduled trash pick-ups; reviewing and responding to
commercial solid waste franchise haulers requests for waivers of diversion
and franchise fee requirements set forth in the City's non-exclusive
commercial solid waste franchise agreement, and the secondary effects of
a commercial solid waste hauler strike. That said, the City has largely met
its SB 1383 requirements as enumerated in paragraph (b) above.
d) A description of the proposed actions the local jurisdiction will take to
remedy the violations within the timelines established in Section 18996.2 of
Title 14 of the California Code of Regulations with a proposed schedule for
doing so: As indicated in paragraph (b), an amendment to the non-exclusive
franchise to include multi -family organics recycling may be necessary.
Alternatively, the City may ask the commercial solid waste haulers to
provide this service via the change in legislation clause in the non-exclusive
commercial solid waste franchise agreement with the solid waste haulers.
Regardless of which path the City takes, the City requires additional time to
achieve full compliance with multi -family organics diversion requirements
without being subject to fines. The City anticipates completion of the
necessary steps to reach compliance in 2022.
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Resolution No. 2022 -
Page 4 of 5
Section 3: The City Council hereby authorizes the City Manager, or her
designee, to submit the Notice of Intent to Comply with any supporting documentation to
CalRecycle and further authorizes the City Manager, or her designee, to take any
additional steps necessary for the City to receive approval from CalRecycle of an
extension in the deadline and/or civil penalty relief related to multi -family organic waste
diversion requirements.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
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Resolution No. 2022 -
Page 5 of 5
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 22nd day of February 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
/-". C. ff �, -
Aarcln C. Harp
City Attorney
ATTACHMENT(S): Exhibit A — Notification of Intent to Comply
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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@CalRecycle.ca.gov.
Ajurisdiction 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.
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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
❑ (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
3-10
❑ (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:
2J (1) (Type regulatory section number) (Type regulatory section title)
i. Describe the specific violations related to the regulatory section
❑ (1)
❑ (2)
❑ (3)
❑ (4)
❑ (5)
3-11
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
3-12
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: JDate
to be completed:
Regulatory Requirement and Description
Action
Proposed Schedule
TASK 1:
Date to be completed:
TASK 2:
Date to be completed:
Add Attachment
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
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.
1 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:
Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute Date to be completed:
appropriate containers to all commercial accounts. The city will 4/28/2022
obtain monthly reports from the hauler to monitor full distribution
of carts.
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ATTACHMENT B
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(a�CalRecycle.ca.gov.
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.
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Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name: City of Newport Beach
County: Orange
Person Completing the Form:
First Name: Micah
Last Name: Martin
Title: Deputy Public Works Director
Mailing Address: 100 Civic Center Drive
City: Newport Beach
Zip Code: 92660
Email Address: mmartin@newportbeachca.gov
Phone Number: 949-644-3059
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
L 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
3-15
❑ (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) 14 CCR secton 18984.1 Three -Container Organic Waste Collection Services. Not
implementing multi -family organics recycling programs.
❑ (2)
❑ (3)
❑ (4)
❑ (5)
3-16
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by
documentation, if applicable.
See attached.
3. A description of the impacts of the COVID-19 pandemic on compliance.
See attached.
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 attached.
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
3-17
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:
Add Attachment
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
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
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 Date to be completed:
collection routes 4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute Date to be completed:
appropriate containers to all commercial accounts. The city will 4/28/2022
obtain monthly reports from the hauler to monitor full distribution
of carts.
3-18
City of Newport Beach - Notification of Intent to Comply
UA aIF_TOUILTA 14►111
2. A detailed explanation of the reasons why the jurisdiction is unable to comply,
supported by documentation, if applicable.
The City will not be in compliance in relation to attaining 100% multi -family organics
recycling participation. The City's non-exclusive commercial waste and recycling
franchise was re -negotiated in 2019, so it does not include a scope of work for the non-
exclusive commercial haulers to implement multi -family organic recycling programs in
accordance with SB 1383. The City will require the haulers to implement the program in
accordance with its Ordinance and/or its non-exclusive commercial franchise requiring
haulers to implement programs that are required by legislation, or by an amendment to
the non-exclusive commercial franchise. There are five commercial haulers in the City
that service multi -family accounts with bin service. City staff time is currently focusing on
the roll-out of the residential organics recycling program as prescribed by the City's new
residential contract which will continue through March 31, 2022. With the residential
organics recycling roll-out, half of the residents are impacted by a change of collection
day. Residents are also impacted by a transitioning away from unlimited collection
service with the new residential collection system, which has required extensive staff
time to communicate and has led to issues of non -containerization. With the new
residential collection system, residents will be limited to one main stream waste (MSW)
cart, one organics cart and two recycling carts provided in the basic rate with additional
charges for extra carts. The additional charges commence April 1, 2022. All these
changes to residential service as well as the residential organics recycling program roll-
out necessitate a great deal of staff time. Although the roll-out of the residential carts is
scheduled to be completed by March 31, 2022, with the new charges for non -
containerization and extra carts going into effect on April 1, 2022, staff time will continue
to be focused for several months after these key dates on educating residents and
assisting them in acclimating to all the changes and to the new program. Coordination
with the five commercial haulers has been time -intensive for the programs implemented
to date. Outreach, education, and assistance to the commercial haulers with multi -family
accounts and to the multi -family property owners/managers will entail a great deal of
additional staff time. Property `buy -in' will also be challenging since the City does not
regulate the rates for the non-exclusive franchise haulers. Without rate regulations or
the requirement that the hauler provide rate incentives, the haulers may charge more for
food scraps recycling than they would for equivalent MSW service, which will likely lead
to a considerable rate disincentive for implementing State -mandated organics recycling
programs. Due to these factors, full implementation of the multi -family organics
recycling program is expected by December 31, 2023.
3. A description of the impacts of the COVID-19 pandemic on compliance.
3-19
For the past three years, the City has been re -negotiating its residential waste and
recycling contract with CR&R to incorporate residential mandates in accordance with
State laws, with the new contract going into effect on January 15, 2022. In addition, the
City passed a new Ordinance to comply with State laws. City staff time was impacted by
the pandemic and the available staff time focused on these time-consuming issues. City
staff time continues to be impacted by the pandemic and is currently focusing on the
roll-out of the residential organics recycling program as prescribed by the City's new
residential contract which will continue through March 31, 2022. In addition, staff time is
focused on the residential collection day changes, as well as containerization and extra
cart issues which will result in extra charges for residents on April 1, 2022. The addition
of the multi -family organics recycling program to the multi -family sector increases the
staff time and resources needed to complete this mandate at a time when staff time and
resources are still being impacted by the pandemic. Full implementation of the multi-
family organics recycling program is expected by December 31, 2023.
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.
Regulatory Requirement and Description:
Full implementation of multi -family organics recycling program.
Action:
Task 1 — Date to be completed: April 30, 2022
Public Works City staff, in conjunction with the City Attorney's Office, and the City
Council Waste and Recycling Subcommittee, will determine if an amendment to the
non-exclusive commercial waste and recycling franchise is required for implementation
of the multi -family organics recycling program.
Task 2 — Date to be completed: December 31, 2022
If it is determined that an amendment to the non-exclusive waste and recycling
franchise is required. Staff will begin negotiating this amendment with an anticipated
date of December 31, 2022 for completion.
If it is determined that the best course of action would be for the City to use its
Ordinance and current non-exclusive commercial waste and recycling franchise to
require haulers to implement multi -family organics recycling programs, the City will send
a letter to all haulers regarding the clause in the non-exclusive commercial waste and
recycling franchise requiring the haulers to implement programs that are required by
legislation by May 31, 2022. The letter will inform the haulers that the multi -family
3-20
organics recycling program falls under this provision, therefore they must implement the
multi -family organics recycling programs to be in compliance with the commercial
franchise. The City will then conduct outreach to the multi -family properties by June 30,
2022, to let them know they are required to implement an organics recycling program,
and that they should contact their hauler to implement the program. The letter will also
inform the properties that the City's ordinance requires multi -family properties to have
organics recycling programs and non-compliance will result in penalties.
Task 3 — Date to be completed: December 31, 2023
The City will provide a timeline to the commercial haulers for implementation and
enforcement. After extensive outreach to the non-compliant account by the hauler, the
hauler may refer non-compliant accounts to the City for enforcement action, if needed.
City personnel and the City's consultant will assist with designing and implementing the
programs as well as with preparing for enforcement efforts. On-going efforts will
continue by City staff to obtain hauler compliance with implementation of the multi-
family organics recycling programs according to the timeline. City staff and the City's
consultant will provide on-going outreach and technical assistance to non-compliant
accounts.
Task 4 — Date to be completed: December 31, 2023
If non-compliance continues to occur after outreach and assistance is provided to non-
compliant haulers and/or non-compliant accounts, the City will begin enforcement in
accordance with its Ordinance. This enforcement will begin as non-compliance occurs
with full implementation of the multi -family organics recycling program is expected by
December 31, 2023.
3-21
City of Newport Beach - Notification of Intent to Comply
/_11 aIF_TAULTi14►llKai
2. A detailed explanation of the reasons why the jurisdiction is unable to comply,
supported by documentation, if applicable.
The City will not be in compliance in relation to attaining 100% multi -family organics
recycling participation. The City's non-exclusive commercial waste and recycling
franchise was re -negotiated in 2019, so it does not include a scope of work for the non-
exclusive commercial haulers to implement multi -family organic recycling programs in
accordance with SB 1383. The City will require the haulers to implement the program in
accordance with its Ordinance and/or its non-exclusive commercial franchise requiring
haulers to implement programs that are required by legislation, or by an amendment to
the non-exclusive commercial franchise. There are five commercial haulers in the City
that service multi -family accounts with bin service. City staff time is currently focusing on
the roll-out of the residential organics recycling program as prescribed by the City's new
residential contract which will continue through March 31, 2022. With the residential
organics recycling roll-out, half of the residents are impacted by a change of collection
day. Residents are also impacted by a transitioning away from unlimited collection
service with the new residential collection system, which has required extensive staff
time to communicate and has led to issues of non -containerization. With the new
residential collection system, residents will be limited to one main stream waste (MSW)
cart, one organics cart and two recycling carts provided in the basic rate with additional
charges for extra carts. The additional charges commence April 1, 2022. All these
changes to residential service as well as the residential organics recycling program roll-
out necessitate a great deal of staff time. Although the roll-out of the residential carts is
scheduled to be completed by March 31, 2022, with the new charges for non -
containerization and extra carts going into effect on April 1, 2022, staff time will continue
to be focused for several months after these key dates on educating residents and
assisting them in acclimating to all the changes and to the new program. Coordination
with the five commercial haulers has been time -intensive for the programs implemented
to date. Outreach, education, and assistance to the commercial haulers with multi -family
accounts and to the multi -family property owners/managers will entail a great deal of
additional staff time. Property `buy -in' will also be challenging since the City does not
regulate the rates for the non-exclusive franchise haulers. Without rate regulations or
the requirement that the hauler provide rate incentives, the haulers may charge more for
food scraps recycling than they would for equivalent MSW service, which will likely lead
to a considerable rate disincentive for implementing State -mandated organics recycling
programs. Due to these factors, full implementation of the multi -family organics
recycling program is expected by December 31, 2023.
3. A description of the impacts of the COVID-19 pandemic on compliance.
3-22
For the past three years, the City has been re -negotiating its residential waste and
recycling contract with CR&R to incorporate residential mandates in accordance with
State laws, with the new contract going into effect on January 15, 2022. In addition, the
City passed a new Ordinance to comply with State laws. City staff time was impacted by
the pandemic and the available staff time focused on these time-consuming issues. City
staff time continues to be impacted by the pandemic and is currently focusing on the
roll-out of the residential organics recycling program as prescribed by the City's new
residential contract which will continue through March 31, 2022. In addition, staff time is
focused on the residential collection day changes, as well as containerization and extra
cart issues which will result in extra charges for residents on April 1, 2022. The addition
of the multi -family organics recycling program to the multi -family sector increases the
staff time and resources needed to complete this mandate at a time when staff time and
resources are still being impacted by the pandemic. Full implementation of the multi-
family organics recycling program is expected by December 31, 2023.
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.
Regulatory Requirement and Description:
Full implementation of multi -family organics recycling program.
Action:
Task 1 — Date to be completed: April 30, 2022
Public Works City staff, in conjunction with the City Attorney's Office, and the City
Council Waste and Recycling Subcommittee, will determine if an amendment to the
non-exclusive commercial waste and recycling franchise is required for implementation
of the multi -family organics recycling program.
Task 2 — Date to be completed: December 31, 2022
If it is determined that an amendment to the non-exclusive waste and recycling
franchise is required. Staff will begin negotiating this amendment with an anticipated
date of December 31, 2022 for completion.
If it is determined that the best course of action would be for the City to use its
Ordinance and current non-exclusive commercial waste and recycling franchise to
require haulers to implement multi -family organics recycling programs, the City will send
a letter to all haulers regarding the clause in the non-exclusive commercial waste and
recycling franchise requiring the haulers to implement programs that are required by
legislation by May 31, 2022. The letter will inform the haulers that the multi -family
3-23
organics recycling program falls under this provision, therefore they must implement the
multi -family organics recycling programs to be in compliance with the commercial
franchise. The City will then conduct outreach to the multi -family properties by June 30,
2022, to let them know they are required to implement an organics recycling program,
and that they should contact their hauler to implement the program. The letter will also
inform the properties that the City's ordinance requires multi -family properties to have
organics recycling programs and non-compliance will result in penalties.
Task 3 — Date to be completed: December 31, 2023
The City will provide a timeline to the commercial haulers for implementation and
enforcement. After extensive outreach to the non-compliant account by the hauler, the
hauler may refer non-compliant accounts to the City for enforcement action, if needed.
City personnel and the City's consultant will assist with designing and implementing the
programs as well as with preparing for enforcement efforts. On-going efforts will
continue by City staff to obtain hauler compliance with implementation of the multi-
family organics recycling programs according to the timeline. City staff and the City's
consultant will provide on-going outreach and technical assistance to non-compliant
accounts.
Task 4 — Date to be completed: December 31, 2023
If non-compliance continues to occur after outreach and assistance is provided to non-
compliant haulers and/or non-compliant accounts, the City will begin enforcement in
accordance with its Ordinance. This enforcement will begin as non-compliance occurs
with full implementation of the multi -family organics recycling program is expected by
December 31, 2023.
3-24