R 5159 RESOLUTION NO. 5159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING AND AUTHORIZING
SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY
IN ACCORDANCE WITH SB 619 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 Arroyo Grande is a local jurisdiction required to comply with
the Regulations; and
WHEREAS, the City of Arroyo Grande is or expects to be facing continuing violations
of the Regulations commencing during the 2022 calendar year, as further set forth in
the attached Notification of Intent to Comply; 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 Arroyo Grande 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.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande that:
1. The City of Arroyo Grande by and through its City Council hereby formally
adopts the Notification of Intent to Comply attached hereto as Exhibit "A."
2. The City of Arroyo Grande hereby authorizes and directs its City Manager, on
its behalf, to submit the Notification of Intent to Comply attached as Exhibit "A"
to CalRecycle for approval pursuant to the Statute.
RESOLUTION NO. 5159
PAGE 2
3. By submitting the Notification of Intent to Comply pursuant to and subject to the
above-referenced requirements, the City of Arroyo Grande 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.
4. The City of Arroyo Grande by and through its City Council 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.
On motion of Council Member Barneich, seconded by Council Member Storton, and by
the following roll call vote, to wit:
AYES: Council Members Barneich, Storton, George, Paulding, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was approved this 22nd day of February, 2022.
RESOLUTION NO. 5159
PAGE 3
c
SPA, P
CAREN RAY "US OM, MAYOR
ATTEST:
• '
JES ICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
11 i O(,'
WHITNEY �� DONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Exhibit A
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.
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 Arroyo Grande County: San Luis Obispo
Person Completing the Form:
First Name: Whitney Last Name: McDonald
Title: City Manager
Mailing Address: 300 E. Branch Street
City: Arroyo Grande, CA Zip Code: 93420
Email Address: wmcdonaldarroyoqrande.orq
Phone Number: 805 473-5400
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:
Ox (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 green waste collection to all residents
ii. Not implementing mandatory commercial organics collection for all businesses under
2 cubic yards. Note: City already provides mandatory commercial organics collection
to all businesses 2 cubic yard or more.
Disclaimer: The list of possible continuing violations below is not inclusive of all potential
violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is
not included since the requirements are further specified in sections 18984.1-18984.11.
▪ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
• (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services
▪ (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services
(E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste
Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization
• (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination
Minimization
❑ (H) 14 CCR section 18984.7 Container Color Requirements
• (I) 14 CCR section 18984.8 Container Labeling Requirements
n (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
n (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
n (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
[l (V) 14 CCR section 18992.2. Edible Food Recovery Capacity
❑ (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target
[l (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste
Procurement Target
r (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.
[ 1(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.
[l (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:
Z (1) (Type regulatory section number) (Type regulatory section title)
i. Describe the specific violations related to the regulatory section
❑ (1) The City of Arroyo Grande has experienced delays in the approval of amendments to its
solid waste franchise agreement with its hauler, South County SanitaryServices, in order to
comply with SB 1383. The City has been working on the amendments through the San Luis
Obispo County Integrated Waste Management Authority (IWMA) and its consultant, HF&H. We
are informed that draft amendments have been submitted to the hauler and are currently under
review by its legal counsel.
❑ (2)
❑ (3)
❑ (4)
❑ (5)
2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by
documentation, if applicable.
The City is part of IWMA and has been using the services of IWMA's consultant, HF&H, in
negotiating amendments to its solid waste franchise agreement with South County Sanitary
Services. HF&H has also been negotiating similar amendments for a number of other
agencies in San Luis Obispo County for other haulers that are subsidiaries of Waste
Connections. This effort has also included seeking to have consistent provisions in the
several franchise agreement amendments implementing SB 1383, since IWMA will be
delegated responsibilities relating to implementation. Waste Connections' legal counsel has
the proposed amendments, but has not completed their review and it is anticipated that
there may be issues that will require additional negotiations in order to finalize the
amendments.
3. A description of the impacts of the COVID-19 pandemic on compliance.
Negotiations of the Franchise Agreement amendments have experienced some delay due to
illness of key members of the negotiation team associated with the COVID-19 virus.
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.
The City intends to continue to work with IWMA and its consultants to coordinate the language
in the franchise agreement amendments. We are hopeful that the amendments to the franchise
agreement will be agreed to by South County Sanitary Services and approved by the City
Council by June 30, 2022, or as soon as possible thereafter.
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.
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: completion of approval of amendments to solid waste Date to be completed: 6/30/22
franchise agreement with South County Sanitary or as soon as possible thereafer
TASK 2: Date to be completed:
TASK 3: Date to be completed:
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:
TASK 2: Date to be completed:
EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste
Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:
City already provides mandatory greenwaste collection to all residents
Action 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.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5159 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 22nd day of February, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of
February, 2022.
JESSICA MATSON, CITY CLERK