Agenda Item Wording:
title
Second reading and adoption of Ordinance 2023-05 of proposed revisions and amendments of Visalia Municipal Code Chapter 8.28, Solid Waste Collection and Disposal. Revisions and amendments incorporate Senate Bill (SB) 1383 regulations related to state recycling requirements.
body
Deadline for Action: 10/2/2023
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, jason.serpa@visalia.city, 713-4533 Nick Bartsch, Public Works Director, nick.bartsch@visalia.city, 713-4186
Department Recommendation:
Staff recommends that Council adopt the amended and revised Chapter 8.28 Solid Waste Collection and Disposal to bring the municipal code current with state regulations required in SB 1383.
Background Discussion:
City staff has been working to ensure the City is in compliance with the regulations set forth in Senate Bill (SB) 1383. Although the new regulations are challenging to many jurisdictions, City staff has worked closely with California’s Department of Resources Recycling and Recovery (CalRecycle) and the City Attorney’s Office, to update Chapter 8.28 of the City’s Municipal Code, Solid Waste Collection and Disposal. This work was to enable the City to have updated and enforceable ordinances in place for the regulations that CalRecycle has required.
The purpose of SB 1383 is to reduce the amount of organic waste that makes its way to landfills. When buried in landfills, organic wastes (including paper, cardboard, food scraps, food soiled paper, yard trimmings, and other organic-based wastes) emit 20% of the state’s methane, a climate super pollutant 84 times more potent than carbon dioxide. This organic waste makes up half of what Californians send to the landfill and reducing that can have a direct impact to our climate, especially in the San Joaquin Valley.
The final rulemaking for SB 1383 was completed by CalRecycle on November 3, 2020, with the final text of the regulations published in February 2021. Since then, cities have been working with CalRecycle to interpret the regulations and help publish CalRecycle model tools that can be utilized for accuracy and correctness.
Fortunately for the City of Visalia, solid waste programs and policies already in place contribute to the community being well on the way towards compliance with SB 1383. In June of 2018, City Council adopted City Ordinance 2018-03, which revised much of the Solid Waste Ordinance, and adopted mandatory organics waste collection, a key component of SB 1383. In April of 2022, Council adopted Ordinance 2022-05 which updated the mandatory recycling sections to the more stringent thresholds set forth by CalRecycle. Furthermore, in September of 2022, Council adopted Ordinance 2022-07 which updated the requirements for edible food generators and the organizations that participate in food recovery.
To aid this effort, CalRecycle staff have identified and helped in further formulating language needed to conform to CalRecycle standards. The changes recommended by CalRecycle staff are interpreted directly from the State regulations and are intended to help the City update the local ordinance for compliance.
Ordinance Revision and Update Focus
The update to Chapter 8.28 of the City ordinance is focused on revisions and updates to SB 1383 regulations only. Some sub-sections have been deleted, as they no longer apply per the new regulations, and thresholds have been updated as they have phased out over the years.
Education Period for Non-Compliance
SB 1383 regulations give jurisdictions the option to conduct a two-year education period from January 1, 2022 - December 31, 2023. This period included all of the actions the jurisdiction is required to take, but allowed for the jurisdiction to simply provide educational materials to inform a customer of the requirements when they are not in compliance, rather than to issue a penalty. Staff recommends this approach for these new updates. However, staff will continue with enforcement actions on the other SB 1383 related items like contamination of organic waste, since the City has had organics service since 2014 when food scraps were initially permitted in our green waste residential receptacles.
Even though CalRecycle applies a “Good Faith Effort” when determining a jurisdiction’s compliance with the SB 1383 requirements, it is important to note that there are repercussions if the City does not comply. If CalRecycle determines that a jurisdiction’s ordinance is inconsistent or does not meet the requirements of the regulations, CalRecycle will notify the jurisdiction and provide an explanation of the deficiencies. The jurisdiction then has 180 calendar days to correct. If CalRecycle finds a jurisdiction in violation of the regulations beyond the correction period, there may be penalties. These penalties can range from $500 - $10,000 per day dependent on the type of violation.
Fiscal Impact:
None
Prior Council Action: June 18, 2018 - Adoption of Ordinance 2018-03. This revised Visalia Municipal Code Section 8.28 to comply with State Assembly Bills AB341 and AB1826 to the requirements at that time. April 4, 2022 - Adoption of Ordinance 2022-05. This revised the recycling requirements of who must subscribe to a higher standard threshold. September 19,2022 - Adoption of Ordinance 2023-07. This updated the ordinance pertaining to edible food generators and food recovery organizations. October 2, 2023 - First public hearing held for Ordinance 2023-05.
Other: N/A
Alternatives: Alternatives: Alternative is to not approve and adopt Ordinance 2023-05 and the associated amendments and revisions to the Visalia Municipal Code chapter 8.28, Solid Waste Collection and Disposal. This may require enforcement action by CalRecycle that may include fines, as described above.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve and adopt Ordinance 2023-05 and the associated amendments and revisions to the Visalia Municipal Code chapter 8.28, Solid Waste Collection and Disposal.
end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Draft Ordinance 2023-05 Ordinance 2018-03 Adoption Ordinance 2022-05 Adoption Ordinance 2022-07 Adoption