DISCUSSION
SB 1383 continues the recycling mandates imposed in Assembly Bill 1826 (AB 1826), which previously went into effect on April 1, 2016. AB 1826 required any business generating two (2) or more cubic yards of solid organic waste per week, and multi-family properties with five or more units, to recycle their organic waste (under AB 1826, multi-family properties are only required to recycle landscape debris). Additionally, AB 1826 required the District to implement an organic waste recycling program that included identifying non-compliant businesses that are required to recycle organic waste and notifying the businesses of these requirements. In 2018, the District and the City approved Amendment No. 3 to the franchise agreement with Republic Services to implement the commercial/multi-family organics program for the District and the City. Since then, the District has been working with its consultants, HF&H, to work with Republic Services in implementing new organics recycling programs. Negotiations are underway to further amend the franchise agreement to implement a single-family residential organic waste recycling program to comply with SB 1383 regulations.
SB 1383 Regulations
The California Department of Resources Recycling and Recovery (CalRecycle) is the State agency responsible for oversight and administration of the State’s waste and recycling programs. Since the passage of AB 1826, CalRecycle has held meetings with City staff regarding the City’s programs and compliance rates, and they are continuously monitoring the District’s progress in developing an SB 1383-compliant ordinance. CalRecycle has prescribed regulations to achieve the State’s organic waste disposal goals by 2025, and a model ordinance that is compliant with these regulations has been developed. The District’s amended and restated Solid Waste Regulations include the required model ordinance regulations relating to SB 1383 and organic waste recycling and disposal requirements.
Summary of Senate Bill 1383 and CalRecycle Regulations
SB 1383 provided CalRecycle with broad authority to develop and implement regulations to achieve the diversion goals for organics materials. As a result, the City will have to implement the following practices to be considered compliant:
- Provide organic waste recycling services to all residents and businesses;
- Inspect and enforce compliance with SB 1383 regulations by adopting an enforcement ordinance (Attachment 1);
- Implement an edible food recovery program that recovers edible food from the waste stream;
- Conduct outreach and education to all affected parties including generators, haulers, facilities, and edible food recovery organizations;
- Maintain accurate and timely records of SB 1383 compliance for annual reporting requirements; and
- Impose fines for non-compliance, effective January 2024.
Administrative Enforcement and Compliance
On January 1, 2022, CalRecycle's regulations will become enforceable, and will require each jurisdiction to adopt a mandatory recycling ordinance. SB 1383 allows jurisdictions to take an educational and non-punitive approach to enforcement for the first two years of the ordinance being in effect (2022 and 2023). Taking an educational approach will allow the District and its waste hauler to work with District residents and businesses to inform and assist them of the organics recycling requirements. Effective no later than January 2024, the District will be required to issue administrative fines to residents and businesses that are non-compliant. SB 1383 requires the penalties to be $50 to $100 for the first violation, $100 to $200 for a second violation, and $250 to $500 for a third or subsequent violation within a one-year period. The attached ordinance implements the penalties for administrative citations, establishing fines at $100 for the first violation, $200 for the second violation within a 12-month period, and $500 for a third violation within a 12-month period.
Non-Compliance
While the District fully expects to gain voluntary compliance from residents and businesses, SB 1383 regulations provide CalRecycle with the ability to engage in enforcement actions of its own against the District if the designated level of compliance is not met. These actions may include:
- Conducting more frequent inspections;
- Establishing a schedule for District compliance and a probationary period, requiring a work plan and that the jurisdiction demonstrates it has sufficient staffing to implement the requirements of the law; and/or
- Imposing administrative penalties against the District of up to $10,000 per day.
The District is working with its consultant and Republic Services to meet the requirements set forth in the SB 1383 regulations. With the adoption of the proposed ordinance, the District will be one step closer to becoming compliant with SB 1383 and all CalRecycle regulations.
Ordinance Adoption
SB 1383 requires the District to adopt an enforceable ordinance to compel businesses and residents to recycle their organic waste and to comply with other requirements of the regulations. To meet this requirement, the District’s Solid Waste Regulations must be updated. The attached ordinance (Attachment 1) includes the required provisions. A redline version of the existing District regulations showing the revisions implemented by Ordinance No. 11 is included as Attachment 2 so that the Board can review what has been added or changed to the current Solid Waste Regulations during the revision process.