HomeMy WebLinkAboutRES NO 019-2022RESOLUTION NO. 019 - 2 022
A RESOLUTION AUTHORIZING THE SUBMITTAL
OF A NOTIFICATION OF INTENT TO COMPLY
FOR CALRECYCLE APPROVAL PURSUANT TO
SENATE BILL 619
RECITALS
WHEREAS, The California Department of Resources Recycling and
Recovery (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, 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 Bakersfield, is a local jurisdiction required to comply
with the Regulations on January 1, 2022, and is authorized by the Statute to
submit a Notification of Intent to Comply for CalRecycle approval; and
WHEREAS, The City of Bakersfield expects to be facing continuing
violations of the Regulations commencing during the 2022 calendar year for
specific sections of Title 14 of California Code of Regulations; and
WHEREAS, Jurisdictions that are unable to fully implement the Regulations
due to the COVID-19 pandemic, may submit a Notification of Intent to Comply
to CalRecycle by March 1, 2022; 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;
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Resolution Authorizing the Submittal of Applications for CalRecycle SB 1383 > m
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NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct and incorporated herein by
reference.
2. The Council of the City of Bakersfield authorizes the City Manager, or
his/her designee, (Signature Authority) to submit a Notification of Intent to
Comply for CalRecycle approval
3. The City Manager, or his/her designee, is hereby authorized and
empowered to submit the Notification of Intent to Comply, attached as
Exhibit "A", to CalRecycle for approval pursuant to the Statute.
4. By submitting the Notification of Intent to Comply pursuant to and subject
to the above referenced requirements, The City of Bakersfield 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.
5. The City Of Bakersfield acknowledges and agrees to comply with a
corrective action plan that CalRecycle and Public Works develop and
determine to be appropriate and suitable under the circumstances for
the correction of any violations) of the Statute and Regulations identified
in its Notification of Intent to Comply.
6. The authorization is effective until rescinded by the Signature Authority or
the Council of the City of Bakersfield.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
FEB 7 23 022 by the following vote:
AYES: COLINCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, PA-Rt-EER
NOES: COLINCILMEMBER
ABSTAIN: COLINCILMEMBER
ABSENT: COLINCILMEMBER PA41,14- L
APPROVED:
FEB 2 3 2022
By -�; - ul/
KAREN GOH
Mayor
JU IE DRIMAKIS, MMC
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
JSHUA H. RUDNICK
eputy City Attorney II
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Resolution Authorizing the Submittal of Applications for CalRecycle SB 1383 Fm
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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
NOICna Cal Recycle.ca.aov.
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.
0CRlC1?1A,lc
Please clearly print or type responses. Attach additional pages as necessary.
Jurisdiction Name:The City of Bakersfield
County:Kern
Person Completing the Form:
First Name: Greg
Last Name:011ivier
Title: Solid Waste Director (Acting)
Mailing Address: 4101 S Truxtun Ave. Building A
City: Bakersfield
I Zip Code: 93309
Email Address: gollivier@bakersfieldcity.us
Phone Number: 661-326-3109
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:
L, (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)s 14 CCF�ysecton18984 Combined "�Or=ganic�VVaste� Collection Serurce Tti's requirement is
not included s�nce';the requ�remenfs:areyfurtherspecifid rn sect�ons18984�1a8984 11up
Fp� (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 �AK�
❑ (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
❑(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
❑ (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:
rT()(yp regulatory number) regulatory )
� 1 (Type ulato section number (Type ulato section title
i. Describe the specific violations related to the regulatory section
❑■ (1) 14 CCR section 18984.1 Three -Container Organic Waste Collection Services
Due to supply chain issues the city will not be able to provide carts and bins for all
customers.
❑ (2) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self -Haulers
The contract hauler is in the process of selling to another waste company and this has
impacted the city's efforts to negotiate for 1383 updates to our agreement.
❑ (3)
❑ (4)
❑ (5)
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2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by
documentation, if applicable.
COVID issues that are impacting supply chain have dramatically slowed production and delivery of
needed Carts and bins. Collection vehicles are taking 18 months or more to be delivered.
2.Franchise haulers serving the Bakersfield metropolitan area are in the process of selling their
company and meetings with the new buyers regarding the agreement template cannot take place.
Contract assignment negotiations are on -going as well. The city believes that these items can be
resolved by January 2023.
3. A description of the impacts of the COVID-19 pandemic on compliance.
Securing equipment, containers and supplies has detrimentally affected the timeliness of delivery.
Resin shortages have caused delays in cart manufacturing. Supply chain issues have delayed truck,
commercial bin, and cart deliveries. Truck deliveries are estimated to be out as far as 18 months.
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 will continue to work with its equipment suppliers to obtain the needed items for full
compliance as soon as possible.
The city is working to move negotiations with the new hauling company forward in a timely manner.
I hereby certify under penalty of perjury that the information provided herein is true and correct to the
best of my knowledge.
Mignature
Greg 011ivier
Printed Name
Solid Waste Director (Acting)
Title
-------- -- - ------------
Date
OcRIGINr?L
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 : `Re
uirement and bescr
Y
Action
Proposed Schedule
TASK 1:
Date to be completed:
TASK 2:
Date to be completed:
TASK 3:
Date to be completed:
Re ulato . ;Re-` uirement,and Descr` tion , ',
Action Proposed Schedule
TASK 1: Date to be completed:
TASK 2:
EXAMPLE
Date to be completed:
Regulatory Requirement (B i `) 14 CCR section�'F1f89841 Three -Container Organic Waste
Collection Services = ,y:
Description Not implementmg,;mandatory residential'foodwaste collection forall residents -Note:'
C;t alread ro�idesrrriandato ." ore' collection"to alf residents
Action
Action
Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify
Date to be completed:
collection routes
41712022
TASK 2: The city will work with its hauler to find a facility to
Date to be completed:
accept mixed organic waste.
411412022
Regulatory Requirement (B.ii') 14 CtCR'section 18984 1Thrce=Container"°Orgamc"VVaste.
G'ollection Services "
Description Not implementing ma ndatory,�commerciaf organics collection for all; businesses under .
2 cubic"yards.'' Note: City already provides mandatory commerrcial organics collection" to all A
businesses 2cubic yard or more
Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify Date to be completed:
collection routes 412112022
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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