HomeMy WebLinkAbout8.1 - 2557 Mandatory Recycling Ordinance
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STAFF REPORT
CITY COUNCIL
DATE: April 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Alameda County Waste Management Authority’s Mandatory Recycling
Ordinance
Prepared by: Shannan Young, Environmental Coordinator
EXECUTIVE SUMMARY:
The City Council will receive a report on the Alameda County Waste Management
Authority's Mandatory Recycling Ordinance.
STAFF RECOMMENDATION:
Receive the report and provide direction on the Mandatory Recycling Ordinance.
FINANCIAL IMPACT:
If City Council opts to participate in the Alameda County Waste Management Authority’s
(ACWMA) Mandatory Recycling Ordinance (MRO), impact to the General Fund is not
anticipated. ACWMA implements most MRO program requirements in cities that
participate. Additional City staff time and resources could be funded with Measure D
funds. It is estimated that regulated entities would see a rate increase of approximately
5 percent, which could be applied as a one-time increase or could be applied
incrementally over a period of time.
DESCRIPTION:
Background
The Alameda County Waste Management Authority (ACWMA) adopted Ordinance
2012-1 known as the Mandatory Recycling Ordinance (MRO) in 2012 (Attachment 1).
Cities within the county had the choice to opt-in or opt-out of participation in the
ordinance. Implementation of Phase I of the MRO began in 2012 and required
businesses with four or more yards of garbage and multi -family properties with five or
more units to provide containers and service for recyclable materials. In 2013,
jurisdictions in the County considered participation in Phase II of the MRO. Phase II
requires all businesses, regardless of the quantity of waste generated, to separate
recyclable material covered by the Ordinance. It also requires multi-family property
owners to provide collection containers for compostable waste (food scraps and
compostable paper) and requires all food generating businesses that generate 20
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gallons or more of organic waste to sort compostable waste from their garbage.
On February 21, 2012, City Council adopted Resolution 21-12 (Attachment 2) to opt-out
of participation in Phase I of the MRO. At the time, there was concern that participation
in Phase I of the ordinance would cause a large rate increase, possibly as high as 50
percent. Staff predicted that participation in the MRO would cause a quick and large
shift in service level subscription from garbage to recycling which was a concern since
the cost of recycling is embedded in the garbage rates. When a business adds or
increases recycling service, their monthly bill is not impacted. However, when a
business reduces its garbage service, the City’s franchised waste hauler, Amador
Valley Industries (AVI) loses revenue since businesses pay for garbage collection
based on the size of their container and the frequency of service. In addition, the
annual rate increase calculation has an element embedded that increases based on the
increase in recycling tonnage collected in the previous calendar year. The shift in
service from garbage to recycling may have been large enough that revenue AVI
collected from garbage and the increase in recycling tonnage would not cover
operational costs causing a need to dramatically adjust the garbage collection rates.
On December 17, 2013, City Council opted-out of Phase II of the MRO by adopting
Resolution 206-13 (Attachment 3). At the time, concern remained that there could be a
nearly 50 percent increase in garbage rates to offset the migration in service from
garbage to recycling and organics. Such an increase may have unfairly and negatively
impacted small businesses that have less overall waste to reduce. There also was
concern that participation in Phase II of the MRO could trigger a provisio n in the
franchise agreement which would require the City to renegotiate its contract with AVI.
State Mandates Requiring Recycling and Organics Diversion
Since the ACWMA adopted the MRO, the State of California has passed several bills
that regulate the diversion of recyclable and organic material. State legislation requires
cities to implement all requirements without additional funding from the State. The
charts below outline some of the current requirements.
AB 341 (Recycling)
Date Requirement
1-Jul-12 Businesses that generate four cubic yards or more of commercial solid
waste per week and multi-family properties of five units or more are
required to recycle.
AB 1826 (Organics)
Date Requirement
1-Apr-16 Businesses generating eight cubic-yards per week of food waste shall
subscribe to organics service.
1-Jan-17 Businesses generating four cubic-yards per week of food waste shall
subscribe to organics service.
1-Jan-19 Businesses generating four cubic-yards per week of total collection
service shall subscribe to organics service.
Summer/
Fall 2021
The State may expand organics diversion requirements to all businesses
generating two cubic-yards per week of total collection service if the
statewide 50 percent organics reduction goal in AB 1826 is not met.
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Due to the State mandates, the work of AVI’s Recycling Coordinator, and cost savings
incentives for businesses, many businesses are already subscribing to recycling and
organics service that would be required under the MRO. Approximately 94 percent of
all businesses in Dublin participate in recycling programs and more than 65 percent of
food generating businesses currently participate in organics diversion programs.
Considerations for Participation in Mandatory Recycling Ordinance
The City of Dublin is the only jurisdiction in Alameda County that is not participating in
Phase I and Phase II of the MRO. Since 2012 and 2013 when City Council voted to
opt-out of participation in each phase of the Ordinance, Dublin businesses diverting
waste through recycling and organics programs have grown in number. The gradual
implementation of recycling and organics services has smoothed the transition from
garbage only service subscription, allowing the regular annual rate increases to absorb
the cost of service. Staff and AVI estimate that opting into Phase II of the MRO would
result in an approximately 5 percent rate increase to impacted customers. This
estimated rate increase could be imposed all at once or smoothed over a period of time.
Staff, in consultation with AVI, believes Dublin’s current rate increase mechanism
should be able to absorb the additional shift from garbage to recycling and organics
service subscription without causing dramatic rate increases or the need to renegotiate
contractual provisions with AVI.
In addition to the State legislation currently in effect and noted above, newer legislation,
SB 1383, will come into effect on January 1, 2022. How SB 1383 will be implemented is
still being developed, but there are many draft mandates that, if implemented, will
require significant Staff time to develop, track, and report. One SB 1383 mandate
requires jurisdictions to implement ordinances and programs to require all businesses
and multi-family properties to separate organics and recycling for diversion. The
mandate for organics and recycling separation and diversion in SB 1383 mirror
requirements in Phase II of the MRO and are noted in the table below. The State can
issue penalties and fines to jurisdictions for non -compliance that range from $500-
$10,000 per day.
SB 1383 (Recycling and Organics) *
Date Requirement
1-Jan-22 Cities must adopt an ordinance that mandates all residents,
businesses, multi-family properties, and large events separate waste
into garbage, recycling, and organics.
Prior to 1-Feb-
22 and
annually
thereafter
Jurisdictions shall provide information to organic waste generators
regarding requirements to properly separate materials in appropriate
containers.
1-Jan-22 Jurisdictions shall monitor the containers provided to generators to
minimize prohibited container contaminants (all inspected by 2024).
After January 1, 2024, a sufficient number of regulated entities shall
be inspected annually.
1-Jan-24 Begin enforcement of mandatory recycling and organics se paration at
businesses and multi-family properties.
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*All requirements noted for SB 1383 are still in draft form and are expected to be
formally adopted in 2019. Staff does not anticipate any major programmatic changes
to the final regulations.
If Dublin were to participate in Phase II of the MRO, it would facilitate compliance with
the impending requirements of SB 1383 since the ACWMA monitors MRO compliance
in participating cities. The ACWMA provides outreach, official notifications, warnings,
and citations or fines, if necessary, on entities found out of compliance. Participation in
Phase II of the MRO would mean that many of the detailed and time -consuming
requirements in SB 1383 related to organics and recycling diversion programs would be
completed by ACWMA on Dublin’s behalf. This would save Staff time and resources
and would enable Staff to focus on the other numerous requirements of SB 1383.
Conclusion
The ACWMA MRO has been in full effect since 2013. In 2012 and 2013, City Council
opted-out of participation in the MRO. In the time that has since elapsed, business
participation in recycling and organics diversion programs has steadily increased.
Current analysis indicates that rates would increase by approximately 5 percent to
impacted customers, instead of the previously feared 50 percent rate hikes. Recycling
and organics diversion programs have become the norm as every city in Alameda
County except for Dublin participates in the MRO. Participation in the MRO would
provide resources, funding and time for Staff, businesses, and AVI to expand waste
diversion programs before additional requirements of SB 1383 are mandated.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
If City Council decides to opt-in to Phase II of the MRO, ACWMA and City staff will
provide noticing to impacted entities.
ATTACHMENTS:
1. ACWMA Ordinance 2012-1
2. Resolution No. 21-12
3. Resolution No. 206-13
ORDINANCE 2012-1
AN ORDINANCE REQUIRING ACTIONS TO REDUCE LANDFILLING OF
RECYCLABLE AND ORGANIC SOLID WASTES FROM BUSINESSES, MULTI-
FAMILY RESIDENCES, AND SELF HAULERS
The Board of the Alameda County Waste Management Authority (“Authority”) ordains
as follows:
SECTION 1 (Enactment)
The Board of the Authority does hereby enact this Ordinance in full consisting of Section
1 through Section 15.
SECTION 2 (Findings)
(a) The purpose of this Ordinance is to reduce the amount of recyclable and organic
solid wastes deposited in landfills from businesses, multi-family residences, and
self haulers.
(b) The Authority has the power to adopt ordinances necessary to carry out the
purposes of the Joint Exercise of Powers Agreement for Waste Management
(“JPA”). The JPA provides the Authority the power, duty, and responsibility to
prepare, adopt, revise, amend, administer, enforce and implement the County
Integrated Waste Management Plan (“CoIWMP”), and Section 5.m of the JPA
specifically enumerates the power to adopt ordinances necessary to carry out the
purposes of the JPA.
(c) The prohibition of certain recyclable and compostable materials at Alameda
County landfills is necessary to carry out the purposes of the JPA and implement
the CoIWMP, including the following goals and policies. Goal 2 of the CoIWMP
calls on the Authority and its member agencies to “achieve maximum feasible
waste reduction” and to “reduce the amount of waste disposed at landfills through
improved management and conservation of resources.” Objective 2.1 is to
“achieve countywide waste reduction of 75 percent by 2010.” Objective 2.4 is to
reduce the amount of readily recyclable and compostable materials originating in
Alameda County and deposited in landfills to no more than 10% of total materials
originating in Alameda County and landfilled by 2020.
(d) The State of California through its Integrated Waste Management Act of 1989,
Assembly Bill 939 (AB 939), required that each local jurisdiction significantly
increase its diversion of discarded materials from landfills to 50% by December
31, 2000, and thereafter maintain or exceed that diversion rate.
(e) The Waste Reduction and Recycling Act of 1990 (Measure D), a charter
amendment passed by the voters of Alameda County, established the Alameda
County Source Reduction and Recycling Board and the policy goal of reducing
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the total tonnage of landfilled materials generated in Alameda County by 75% by
a date to be chosen by the Recycling Board and to thereafter establish a date (or
dates) to reduce, recycle, and compost further quantities of discarded materials. In
2003, the Recycling Board and Authority approved 2010 as the date by which
75% diversion was to be obtained. In July 2010 the Recycling Board and
Authority approved a year 2020 objective to reduce the amount of readily
recyclable and compostable materials originating in Alameda County and
deposited in landfills to no more than 10% of total materials originating in
Alameda County and landfilled.
(f) The California Department of Resources Recycling and Recovery was developing
a mandatory commercial and multifamily recycling regulation as part of
implementing statewide efforts to reduce greenhouse gas (GHG) emissions
pursuant to AB 32. The steps required to supply recycled materials to industry
(i.e., collection, processing and transportation) use less energy than the steps to
supply virgin materials (i.e., extraction, refining, processing, and transportation).
These energy savings reduce GHG emissions.
(g) The use of composted organics (plant debris, food and compostable paper)
reduces the need for chemical fertilizers and pesticides, which are energy
intensive to manufacture and transport. The use of compost also conserves water
in landscapes, and can help mitigate the decline in soil quality in California and
Alameda County expected to result from climate change.
(h) The State of California has adopted legislation (AB 341) that requires multi-
family property owners and businesses that generate more than 4 cubic yards of
solid waste service per week to provide recycling collection service unless
physical space to do so does not exist.
(i) The Countywide Waste Characterization Study conducted in 2008 found that
about 60% of solid waste originating in Alameda County and disposed in landfills
was readily recyclable or compostable. Significant quantities of recyclable and
compostable materials continue to be landfilled (around 700,000 tons in 2008).
Recycling or composting this material will aid the Cities in Alameda County and
the County in achieving the GHG reduction goals contained within their Climate
Action Plans, create jobs at processing facilities, and implement the CoIWMP,
AB 939, AB 32, and Measure D.
(j) There are permitted facilities available that can effectively recycle cans, bottles
and all recyclable paper grades discarded in Alameda County, or compost food
and food-soiled paper, thereby achieving the goals and objectives cited above.
Facilities that can also extract energy from organic waste through anaerobic
digestion prior to composting are being developed or investigated by numerous
parties.
(k) The Authority prepared the Mandatory Recycling and Single Use Bag Reduction
Ordinances Environmental Impact Report, which considered two separate projects
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and included the environmental review required by the California Environmental
Quality Act for this Ordinance. The Authority certified those portions of the EIR
relevant to this Ordinance.
SECTION 3 (Definitions)
The following definitions govern the use of terms in this Ordinance:
(a) “Alameda County” means all of the territory located within the incorporated and
unincorporated areas of Alameda County.
(b) “Authority” means the Alameda County Waste Management Authority created by
the Joint Exercise of Powers Agreement for Waste Management (JPA).
(c) “Authority Representative” means any agent of the Authority designated by the
Authority or the Enforcement Official to implement this Ordinance, including
Member Agency employees, the County Local Enforcement Agency or private
contractors hired for purposes of monitoring and enforcement.
(d) “Business” means any commercial or public entity, including but not limited to:
proprietorship, firm, partnership, association, venture, trust, or corporation that is
organized as a for-profit or nonprofit entity. Business includes, but is not limited
to, industrial or manufacturing, restaurant, retail, office, hotels, shopping centers,
theaters and government entities, but for purposes of this Ordinance, does not
include Multi-Family Buildings.
(e) “Compliance Plan” means the plan required pursuant to Section 7 of this
Ordinance.
(f) "Composting" means the controlled biological decomposition of organic Solid
Waste that is kept separate from the Refuse stream, or that is separated at a
centralized facility.
(g) "Covered Jurisdiction" means a Member Agency of the JPA that has not opted out
of coverage under this Ordinance pursuant to Section 12 of this Ordinance.
(h) “Covered Material” means corrugated cardboard, newspaper, white paper, mixed
recyclable paper, recyclable food and beverage glass containers, metal (aluminum
and steel) food and beverage cans, HDPE (high density polyethylene) bottles and
PET (polyethylene terephthalate) bottles, and discarded food and compostable
paper, that are Recyclable. Per the definition of Recyclables in Section 3(u) of this
Ordinance, unmarketable processing residuals are not Covered Materials. A
particular Covered Material becomes subject to this Ordinance pursuant to the
Implementation Schedule in Section 13 of this Ordinance.
(i) “Deposit in Landfill(s)” or “Deposited in Landfill(s)” means final deposition of
Solid Waste, in landfills permitted by the State of California, above liners (or
above the permitted base of the landfill if a liner is not required) and below final
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cover within the permitted fill area. Any Solid Waste used to create a foundation
layer for final cover in excess of three (3) feet on average shall be considered
“Deposited in Landfill(s)” unless a greater thickness of foundation layer is
specifically required by the Regional Water Quality Control Board.
(j) “Enforcement Official” means the Executive Director of the Authority or his or
her authorized designee.
(k) “Executive Director” means the individual appointed by the Authority Board to
act as head of staff and perform those duties specified by the Authority Rules of
Procedure and by the Board.
(l) “High Diversion Mixed Waste Processing Facility” is a Mixed Waste Processing
Facility that: (i) Recycles Covered Materials except as provided in Subsection
(l)(ii) of this Section; (ii) results in Solid Waste Deposited in Landfills containing
no more than ten percent (10%) by weight of the Covered Materials from Solid
Waste Originating in Alameda County Covered Jurisdictions from collection
locations that do not have Source Separated Recycling service; and (iii) has
complied with Section 8(g) of this Ordinance.
(m) “Landfill” means a state and locally permitted facility in California that accepts
Solid Waste for burial.
(n) “Member Agency” means a party to the JPA. Current member agencies are the
County of Alameda, the Cities of Alameda, Albany, Berkeley, Dublin,
Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont,
Pleasanton, San Leandro, Union City, and the Castro Valley and Oro Loma
Sanitary Districts. The service areas of each Member Agency for the purpose of
Section 12 of this Ordinance are:
(1) The legal boundaries of each of the Castro Valley and Oro Loma Sanitary
Districts
(2) The legal boundaries of each of the 14 incorporated municipalities within
Alameda County, except those portions of the Cities of Hayward and San
Leandro that are within the boundaries of the Oro Loma Sanitary District.
(3) The unincorporated sections of the County not included within the above.
(o) "Mixed Waste Processing Facility" means a processing facility that separates
Covered Materials from Solid Waste.
(p) "Multi-Family Building" means a structure with five or more residential dwelling
units.
(q) “Operator” means a Person that has received approval from the State of California
and local government agencies with applicable land use authority or health
regulatory authority to operate a Landfill or Transfer Station.
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(r) “Person” includes an individual, firm, limited liability company, association,
partnership, political subdivision, government agency, municipality, industry,
public or private corporation, or any other entity whatsoever.
(s) “Primary Enforcement Representative” is the chief executive of a Covered
Jurisdiction or a qualified designee who will coordinate with the Authority
regarding implementation of the Ordinance. A qualified designee shall have at
least two years of municipal code enforcement experience or have undergone at
least the level one municipal code compliance training program of the California
Association of Code Enforcement Officers, or equivalent training program
approved by the Enforcement Official.
(t) “Property Owner” means the Person or Persons that hold title to a property as
shown on the most recent assessment roll.
(u) “Recycling” means the process of collecting, sorting, cleansing, treating, and
reconstituting Solid Wastes and returning them to the economic mainstream in the
form of raw materials that can be sold in competitive markets and satisfy all
applicable Federal, State and local standards for such materials. Recycling
includes Composting so long as the compost or soil amendment created by
Composting can be sold in competitive markets and satisfies all applicable
Federal, State and local standards for such materials. “Recyclables” are materials
than can undergo Recycling. A “Recycled” material is one that has undergone
Recycling.
(v) “Refuse” means Solid Waste that is neither Covered Materials, nor Recyclable
materials that are acceptable to a Member Agency for co-placement in containers
for Covered Materials within its service area.
(w) “Regulated Hauler” means a Person that collects Solid Waste (other than Solid
Waste generated by a permitted building project) originating in Alameda County
for Deposit in Landfill(s) or Recycling facilities and does so under a contract,
franchise agreement or permit with a Covered Jurisdiction or the Authority.
(x) “Self Hauler” means a Person who delivers Solid Waste to a Landfill or a
Transfer Station, but is not a Regulated Hauler or a Transfer Station Operator.
(y) “Solid Waste” means all materials of any kind or nature as defined in Public
Resources Code section 40191.
(z) “Solid Waste Originating in Alameda County” means all Solid Waste discarded
within Alameda County unless it was brought into the County for Recycling. To
have “originated” within a particular jurisdiction means the Solid Waste was
discarded in that jurisdiction unless it was brought into that jurisdiction for
Recycling.
(aa) “Source Separated” means to have undergone the process of removing
Recyclable materials from other Solid Waste, by or for the Waste Generator on
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the premises at which the Recyclable materials were generated, for the purpose of
Recycling.
(bb) “Transfer Station” means a facility in California that is permitted by the State of
California as a transfer station and considered as a transfer station under 14 Code
of Regulations section 17402, or as that section may be amended.
(cc) “Waste Generator” means a Person who produces Solid Waste.
SECTION 4 (Restrictions on Waste Generators in Covered Jurisdictions)
(a) Businesses that are Waste Generators in Covered Jurisdictions shall not discard
Covered Materials such that they will be Deposited in Landfill(s). They shall
comply with this requirement by either: (i) separating Covered Materials from
other Solid Wastes for collection in separate Recycling containers, or (ii)
providing for all Solid Waste to be taken to and processed through a High
Diversion Mixed Waste Processing Facility.
(b) Businesses that are Waste Generators in Covered Jurisdictions shall not place
Refuse in containers designated for Covered Materials.
(c) Waivers of these restrictions may apply pursuant to Section 10 of this Ordinance.
(d) These restrictions are implemented in phases pursuant to Section 13 of this
Ordinance.
SECTION 5 (Restrictions on Property Owners and their Agents in Covered Jurisdictions)
Each Property Owner of a Business or Multi-Family Building shall be responsible for the
following:
(a) Provide container(s) for Source Separated Covered Materials and other Source
Separated Recyclable materials at the same location as the Property Owner
provides container(s) for Solid Waste collection, unless all Solid Waste from the
property is taken to and processed through a High Diversion Mixed Waste
Processing Facility. The container(s) shall:
(1) Be of sufficient number and size to hold the Recyclable and Refuse
quantities reasonably anticipated to be generated at the location;
(2) Bear prominent signage on or near the containers clearly describing the
proper segregation and storage of Recyclable and Refuse materials.
(b) Provide for Solid Waste removal service that ensures that Source Separated
Covered Materials generated at its property are collected and transported to
facilities that Recycle the Covered Materials or that all Solid Wastes are taken to
and processed through High Diversion Mixed Waste Processing Facilities.
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(c) Provide information at least annually for tenants, employees and contractors of
Waste Generator obligations under this Ordinance (if any) to keep Covered
Materials separate from Refuse (when applicable) and the location of containers
and the rules governing their use at each property. This same information shall
also be provided to new tenants no later than 14 days after such tenants move in
and no less than 14 days before tenants move out, unless a tenant does not provide
14 or more days notice to the Property Owner before leaving.
(d) Notwithstanding the foregoing, if a Property Owner enters into a written
agreement with another party (such as a property manager, tenant, or other party
that contracts for Solid Waste removal), to manage or obtain Solid Waste
collection services, then that party as well as the Property Owner shall be
responsible for compliance with this Ordinance.
(e) Waivers of these restrictions may apply pursuant to Section 10 of this Ordinance.
(f) These restrictions are implemented in phases pursuant to Section 13 of this
Ordinance.
SECTION 6 (Restrictions on Self Haulers of Solid Waste originating in Alameda
County)
(a) No Self Hauler shall Deposit in Landfill(s) Covered Materials originating from
within Alameda County or deliver such materials to Landfills or Transfer Stations
such that such Covered Materials will eventually be Deposited in Landfill(s),
unless the Covered Materials are deposited in Landfills or Transfer Stations that
are in compliance with Section 7 of this Ordinance, or in the case of Landfills or
Transfer stations outside Alameda County but within California, unless the
Landfills or Transfer Stations voluntarily comply with Section 7 of this
Ordinance.
SECTION 7 (Requirements for Landfills and Transfer Stations in Alameda County)
(a) Owners and Operators at Landfills and Transfer Stations in Alameda County shall
require any Self Hauler who brings a load of Solid Waste containing Covered
Materials originating from within Alameda County to a Landfill or Transfer
Station in Alameda County to: (1) separate Covered Materials from Refuse or (2)
deposit that load such that it will be processed through a High Diversion Mixed
Waste Processing Facility or (3) ensure the Self-Hauler pays a price at least 10%
over the usual tipping fee that would normally apply to that Self-Hauler. Owners
and Operators at Landfills and Transfer Stations in Alameda County shall provide
quarterly reports to Authority that list the dates and volumes or weights of every
load of Solid Waste containing Covered Materials charged the higher price
described in item (3).
(b) Every owner or Operator of a Landfill or Transfer Station in Alameda County
shall submit a Compliance Plan to the Authority that describes the actions to be
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taken to comply with this Ordinance and help prevent Deposit in Landfill(s) of
Covered Materials from Self Haulers. Previously approved Compliance Plans
under Authority Ordinance 2008-01 may be amended to address the requirements
of this Section.
(c) The Compliance Plan shall include the following:
(1) Methods for discouraging Covered Materials from Self Haulers from
being Deposited in Landfills.
(2) Methods for assisting the Authority in identifying Waste Generators that
violate this Ordinance, including recording practices to be followed when
noncompliance is observed.
(3) Procedures for complying with the requirements of Section 7(a) of this
Ordinance, including posted pricelists.
(4) Load checking programs to prevent the acceptance of Covered Materials
from Self Haulers. This program shall at a minimum provide for:
(1) the number of random load checks to be performed;
(2) recording of load checks; and
(3) training of personnel in the recognition, proper handling, and
disposition of Covered Material.
(5) Description of efforts the facility will take to install informative signage
regarding the Covered Material ban at facility entrances and at waste
receiving areas. The signage shall consist of permanent visible signs,
prominently displayed, clearly indicating that Covered Material is
prohibited from being Deposited in Landfills or delivered such that it will
be Deposited in Landfills. These signs shall be in place within 30 days of
approval of the Compliance Plan.
(6) Description of employee training efforts to comply with this Ordinance.
(7) Additional information reasonably requested by the Authority as necessary
to determine compliance with the Ordinance and how best to achieve
compliance with the Ordinance.
(8) Identification of any impediments to and suggestions relating to the
ongoing implementation of this Ordinance.
(d) Every owner or Operator of a Landfill or Transfer Station in Alameda County
shall submit its proposed Compliance Plan to the Enforcement Official no later
than 60 days after adoption of this Ordinance.
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(e) The Enforcement Official will review the Compliance Plan for adequacy and
make a determination as to its adequacy within 30 days of receiving the
Compliance Plan. Adequacy determinations shall be based on the inclusion of all
elements required in Section 7(c) of this Ordinance and on the inclusion of all
reasonable measures to effectively discourage Covered Materials from Self
Haulers from being Deposited in Landfill(s). Proposed Compliance Plans shall be
revised and resubmitted within 30 days after notice by the Enforcement Official
that a proposed Plan is inadequate in one or more specific ways.
(f) Each Landfill and Transfer Station in Alameda County shall have an approved
Compliance Plan in place no later than 60 days after approval of its Compliance
Plan by Authority, but in no event later than January 1, 2013.
(g) Every owner or Operator of a Landfill or Transfer Station in Alameda County
shall submit an annual report detailing the steps taken during the course of the
prior year to comply with its Compliance Plan. Each annual report shall be due
by the end of July for the previous 12 month period between July 1 and June 30th.
(h) Owners or Operators of Landfills and Transfer Stations in Alameda County shall
update or revise the existing Compliance Plan if the Enforcement Official
determines that revision is necessary to achieve compliance with this Ordinance.
(i) Failure to comply with an approved Compliance Plan shall constitute a violation
of this Ordinance.
SECTION 8 (Requirements for Regulated Haulers and Mixed Waste Processing
Facilities)
(a) Regulated Haulers collecting Solid Waste, Refuse, or Source Separated
Recyclables from within Covered Jurisdictions shall comply with either Section
8(b) or 8(c) below. Section 8(b) shall apply to any Regulated Hauler that notifies
Authority in writing that it has elected to comply with subsection (b) of Section 8
of this Ordinance. Section 8(c) shall apply in the absence of such written
notification. All Regulated Haulers shall submit the information set forth in either
Section 8(b) or 8(c), and the information set forth in Section 8(d) of this
Ordinance to the Covered Jurisdiction and to the Authority no less frequently than
once per year and more frequently if requested by the Covered Jurisdiction, unless
otherwise specified in Sections 8(b) through 8(d) of this Ordinance.
(b) This subsection applies to Regulated Haulers who elect to integrate customer
outreach and education about this Ordinance, and identification of possible
violators, into their customer service procedures. Such Regulated Haulers shall:
(1) Include in bill inserts or other regular customer service communications
with customers written materials provided by Authority (after approval of
such material by the Primary Enforcement Representative from the
relevant Covered Jurisdiction or other designee of the chief executive of
the Covered Jurisdiction) with respect to this Ordinance, and shall send
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such information in a manner specified by Authority (e.g., certified mail,
return receipt requested; regular mail; overnight mail, etc.). Authority
shall reimburse Regulated Haulers for the reasonable incremental cost of
handling and postage for such written communications.
(2) Require that customer service staff of the Regulated Hauler participates in
training provided by Authority with respect to compliance with Sections 4
and 5 of this Ordinance. Require customer service staff of the Regulated
Hauler to attempt to assist customers with compliance with Sections 4 and
5 of this Ordinance. If after initial good faith efforts to assist customers,
additional assistance is still required, the Regulated Hauler may refer
customers to Authority or Covered Jurisdiction staff.
(3) Provide names, addresses, and customer contact information for accounts
serviced that the Regulated Hauler has reason to believe may be in
violation of Section 4 or 5 of this Ordinance on a quarterly basis
commencing January 1, 2013.
(c) This subsection applies to Regulated Haulers who elect not to integrate customer
outreach and education about this Ordinance, and identification of possible
violators, into their customer service procedures pursuant to Section 8(b) of this
Ordinance. Such Regulated Haulers shall:
(1) Provide a list of all Business and Multi-Family Building accounts in
Covered Jurisdictions that will become subject to Phase 1 of this
Ordinance by April 1, 2012, and a list of all Business and Multi-Family
Buildings accounts in Covered Jurisdictions subject to Phase 2 by
February 1, 2014.
(2) For each account on the lists, provide the name of the account, contact,
phone number, service address, billing address, Solid Waste (including
Recyclables) service information, including number, type and size of
containers and days of service, and the name and location where
Recyclables are delivered for processing. Specify which accounts, if any,
are being served by High Diversion Mixed Waste Processing Facilities.
(d) Regulated Haulers shall provide the name of, location of, and total quantities of
Solid Waste (including Recyclables) delivered to each Mixed Waste Processing
Facilities (if any) in California used by the Regulated Hauler to assist Waste
Generators and Property Owners in complying with this Ordinance.
(e) Regulated Haulers shall not transport Solid Waste from collection locations
(within Covered Jurisdictions) that do not have Source Separated Recycling
service to Mixed Waste Processing Facilities that are not High Diversion Mixed
Waste Processing Facilities unless the Authority has granted a waiver pursuant to
Section 10 of this Ordinance or a Mixed Waste Processing Facility is making an
effort satisfactory to the Enforcement Official to qualify as a High Diversion
10
Mixed Waste Processing Facility per Section 8 (g). .
(f) If the Regulated Hauler believes any information required in this Section is
confidential, it may submit such information with a request that it be maintained
as confidential under the Public Records Act (Government Code section 6250 et
al.), specifically identifying the information that it considers confidential and the
legal basis for such conclusion.
(g) Mixed Waste Processing Facilities that want to qualify as High Diversion Mixed
Waste Processing Facilities under this Ordinance shall comply with the following:
(1) Submit to the Authority a proposal for the protocol it will use to
determine whether it is satisfying the performance standards in
Ordinance Section 3(l)’s definition of High Diversion Mixed
Waste Processing Facilities for Solid Waste from collection
locations (within Covered Jurisdictions) that do not have Source
Separated Recycling service.
(2) The Enforcement Official, after consultation with the Primary
Enforcement Representatives (or other designee of the chief
executive of each of the Covered Jurisdictions) from the Covered
Jurisdictions that have Solid Waste processed at the Mixed Waste
Processing Facility, will review and respond to the proposed
protocol within 30 days of receiving the proposal, and shall
approve the protocol if found that the protocol will effectively
determine whether the facility satisfies the performance standards
set out in Section 3(l) of the Ordinance for Solid Waste from
collection locations (within Covered Jurisdictions) that do not have
Source Separated Recycling service. Proposed protocol shall be
revised and resubmitted within 30 days after notice by the
Enforcement Official that a proposed protocol will not effectively
determine whether the facility satisfies the performance standards
set out in Section 3(l) of the Ordinance.
(3) Once the Authority has approved the proposed protocol, the Mixed
Waste Processing Facility shall submit initial documentation, as
well as documentation annually, demonstrating that, in accordance
with the approved protocol, it meets the performance standards in
3(l) of this Ordinance for Solid Waste from collection locations
(within Covered Jurisdictions) that do not have Source Separated
Recycling service.
SECTION 9 (Inspections by Authority Representatives within Covered Jurisdictions)
(a) Authority Representatives are authorized to conduct inspections of loads of Solid
Waste originating in Covered Jurisdictions and brought to Landfills, Transfer
Stations, Mixed Waste Processing Facilities, or any other facility receiving Solid
11
Waste or Refuse located in Alameda County, subject to the following: (i)
inspections cannot reasonably interfere with operations of the facility, (ii)
inspector must wear appropriate safety equipment acceptable to the operator of
the facility, and (iii) inspector may not conduct inspections in areas deemed to be
unsafe by safety regulations or regulators or in locations where the facility
operator prohibits walking or standing by its employees.
(b) Authority Representatives are authorized to conduct inspections, without notice,
for compliance with this Ordinance by Waste Generators and Property Owners
located in Covered Jurisdictions, subject to applicable laws.
(c) Authority Representatives are authorized to conduct inspections, at random or
otherwise, of all Solid Waste at the point of collection or transfer or Deposit in
Landfill(s), subject to the following: (i) inspections cannot reasonably interfere
with operations of the facility, (ii) inspector must wear appropriate safety
equipment acceptable to the operator of the facility, and (iii) inspector may not
conduct inspections in areas deemed to be unsafe by safety regulations or
regulators or in locations where the facility operator prohibits walking or standing
by its employees.
(d) Authority Representatives are authorized to conduct any other inspections or
investigations as reasonably necessary to further the goals of this Ordinance,
subject to applicable laws.
SECTION 10 (Waivers)
(a) The Enforcement Official shall consult with the Primary Enforcement
Representative from the jurisdiction of the waiver applicant prior to making any
decision regarding a request for a waiver under this Ordinance.
(b) Emergency Waiver. If the Enforcement Official determines that any type of
Covered Material cannot feasibly be Recycled for a limited time period due to
emergency conditions, then the Enforcement Official may permit that component
of Covered Materials to be Deposited in Landfill(s) for that limited time period.
(c) De Minimus Waiver. The Enforcement Official may waive some or all of the
requirements of Sections 4 or 5, as appropriate, at a collection location if
documentation satisfactory to the Enforcement Official is provided that Covered
Materials comprise, on an on-going and typical basis, less than 10% by weight of
Solid Waste taken to Landfill(s) from that collection location.
(d) Physical Space Waiver. The Enforcement Official may waive some or all of the
requirements of Sections 4 or 5, as appropriate, if documentation satisfactory to
the Enforcement Official is provided that physical space limitations prevent full
compliance with these Sections. A Waste Generator or Property Owner seeking
this waiver must provide documentation from service providers, licensed
architects or engineers, or building officials from a Covered Jurisdiction that
demonstrates that the Waste Generator or Property Owner does not have adequate
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space for containers for Covered Material and cannot obtain collection services
that direct Solid Waste to High Diversion Mixed Waste Processing Facilities.
(e) Financial Hardship Waiver. The Enforcement Official may waive some or all of
the requirements of Sections 4 or 5, as appropriate, if documentation satisfactory
to the Enforcement Official is provided that compliance with the Ordinance
would create a financial hardship for a Property Owner. Hardship exists when
implementation of this Ordinance will increase Solid Waste collection service
bills for a particular collection location by more than 30% per typical billing
period as compared with the cost of Solid Waste collection services in the absence
of this Ordinance and State laws requiring recycling services at Businesses and
Multi-Family Buildings. Hardship also exists when the sum of the change in
billing described in the previous sentence plus the amortized costs of Solid Waste
enclosures or other physical modifications necessary to house additional
containers collected by truck, if such construction is required by Federal, State, or
Local laws or regulations, exceeds 30% of the cost of Solid Waste collection
services in the absence of this Ordinance and State laws requiring recycling
services at Businesses and Multi-Family Buildings. Eligible construction costs
shall be amortized over an appropriate period for such costs based on Internal
Revenue Service or alternative authoritative guidance or standards. The financial
hardship calculation shall take into consideration the cost savings potential of
decreasing Refuse or Solid Waste service levels, and opportunities to reduce Solid
Waste bills through changes in service providers, when that is legal within the
relevant Covered Jurisdiction(s). The Enforcement Official may require
compliance with some, but not all, requirements of this Ordinance if necessary to
limit the increase in eligible costs to less than 30%.
(f) Unavailable Service Waiver. The Enforcement Official may waive some or all of
the requirements of Sections 4 or 5, as appropriate, if documentation satisfactory
to the Enforcement Official is provided that neither separate collection for
Covered Materials nor the service of a High Diversion Mixed Waste Processing
Facility is available.
(g) Compliance Schedule Waiver. Any Waste Generator or Property Owner (or
Covered Jurisdiction on behalf of Waste Generators or Property Owners in its
service area) may seek a waiver from the Enforcement Official by presenting
evidence that more time is needed to fully implement a compliant program, and
by providing a complete written proposal stating when full compliance will be
achieved. If a compliance schedule waiver is granted, the Waste Generator or
Property Owner or Covered Jurisdiction shall demonstrate on an on-going basis
its good faith efforts to comply by the compliance date(s) stated in the approved
waiver.
(h) Covered Materials in public litter containers (e.g., on streets or in parks), street
sweepings, or in Solid Waste collected when illegal dumping is cleaned up, are
not subject to this Ordinance.
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SECTION 11 (Enforcement)
(a) An enforcement action under Sections 4, 5, or 8 of this Ordinance shall not be
taken in any Covered Jurisdiction without written approval from the Primary
Enforcement Representative of that Covered Jurisdiction. The Primary
Enforcement Representative shall provide approval or disapproval of a proposed
enforcement action in a timely manner.
(b) Violation of any provision of this Ordinance shall constitute grounds for
assessment of a notice of violation and fine by an Authority Representative in
accordance with Government Code § 53069.4 or as the code shall subsequently be
amended or reorganized. Where an enforcement action is necessary to enforce
this Ordinance, the Enforcement Official will typically issue a notice of violation
as authorized in this subsection prior to taking the actions authorized pursuant to
section 11(c) or 11(d) of this Ordinance. A separate notice of violation and fine
may be imposed for each day on which a violation occurs. The fine shall not
exceed the amounts detailed for misdemeanors in Section 11(d) of this Ordinance.
The notice of violation shall list the specific violation and fine amount and
describe how to pay the fine and how to request an administrative hearing to
contest the notice of violation. The fine shall be paid within 30 days of the notice
of violation and shall be deposited prior to any requested hearing. A hearing, held
by a hearing officer, will be held only if it is requested within 30 days of the
notice of violation. Evidence may be presented at the hearing. The Executive
Director, or its designee, shall conduct the hearing and issue a final written order.
If it is determined that no violation occurred, the amount of the fine shall be
refunded within 30 days. The Authority shall serve the final order on the Person
subject to the notice of violation by overnight, certified or first class mail.
(c) Violation of any provision of this Ordinance may be enforced by a civil action
including an action for injunctive relief.
(d) Violation of any provision of this Ordinance shall constitute a misdemeanor
punishable by a fine not to exceed $500 for the first violation, a fine not to exceed
$750 for the second violation within one year and a fine not to exceed $1000 for
each additional violation within one year. Violation of any provision of this
Ordinance may also be enforced as an infraction punishable by a fine not to
exceed $100 for the first violation, a fine not to exceed $200 for the second
violation within one year and a fine not to exceed $500 for each additional
violation within one year. There shall be a separate offense for each day on which
a violation occurs.
(e) Enforcement pursuant to this Ordinance may be undertaken by the Authority
through its Enforcement Official, counsel, or any Authority Representative. In
any enforcement action, the Authority shall be entitled to recover its attorneys’
fees and costs from any Person who violates this Ordinance.
14
(f) Enforcement of Phase 1 of this Ordinance (as set forth in Section 13 of this
Ordinance) shall not occur before July 1, 2012. Enforcement of Phase 2 of this
Ordinance shall not occur before July 1, 2014. Prior to those dates, the Authority
will conduct outreach and educational efforts regarding the requirements of the
Ordinance. From July 1, 2012 to December 31, 2012 for Phase 1, and from July
1, 2014 to December 31, 2014 for Phase 2, enforcement will consist of warnings
rather than enforcement action. Enforcement action will be taken, as needed,
after January 1, 2013 for Phase 1 and after January 1, 2015 for Phase 2.
(g) Property Owners will not be held responsible for violations of this Ordinance by
Waste Generators, and Waste Generators shall not be held responsible for
violations of this Ordinance by Property Owners, unless they are the same person,
and so long as they cooperate with the Enforcement Official and Authority
Representatives as necessary to clarify responsibility for violations. Failure to
cooperate in determining responsibility as described above is a violation of this
Ordinance.
(h) Regulated Haulers will not be held responsible for violations of this Ordinance by
High Diversion Mixed Waste Processing Facilities, and High Diversion Mixed
Waste Processing Facilities shall not be held responsible for violations of this
Ordinance by Regulated Haulers, unless they are the same person, and so long as
they cooperate with the Enforcement Official and Authority Representatives as
necessary to clarify responsibility for violations.
SECTION 12 (Local Regulation and Opt-Out and Opt-In Provisions)
(a) Local Regulation. Nothing in this Ordinance shall be construed to prohibit any
Member Agency from enacting and enforcing ordinances and regulations
regarding the collection, transport, storage, processing, and Deposit in Landfill(s)
of Solid Waste within its jurisdiction, including more stringent requirements than
those in this Ordinance.
(b) Opt-Out Provision. Any Member Agency by a resolution of its governing body
may, prior to March 2, 2012, choose to exclude its service area from Sections 4, 5,
and 8, Phase 1 of this Ordinance. Any Member Agency by a resolution of its
governing board may, prior to January 1, 2014, choose to exclude its service area
from Sections 4, 5, and 8, Phase 2 of this Ordinance.
(c) Opt-In Provision. Any Member Agency that chooses to exclude its service area
from either Phase 1 or Phase 2 may request of the Authority by a resolution of its
governing board to be re-included in coverage of the Ordinance at any subsequent
time. Such coverage under the Ordinance, however, shall not occur unless it is
accepted in writing by the Enforcement Official or the Authority Board, and shall
become effective only on the date specified in such written acceptance. Such
acceptance shall not be unreasonably withheld or delayed.
(d) Dispute Resolution. In the event of a dispute between the Authority and a
15
Covered Jurisdiction regarding the implementation of this Ordinance, either party
may request a meeting, in which case the Enforcement Official and the Primary
Enforcement Representative for the Covered Jurisdiction (or other designee of the
chief executive of the Covered Jurisdiction) shall meet to discuss implementation
of the Ordinance’s provisions. After such meeting, the parties may agree to enter
into mediation to resolve any disputes between the parties related to
implementation of the Ordinance. In addition, after meeting to seek to resolve
any disputes between the parties and possible mediation, the Authority Board or
the governing body of the Covered Jurisdiction, with at least 30 days public
notice, may by resolution choose to exclude the service area of the Covered
Jurisdiction from Sections 4, 5, and 8 of this Ordinance.
SECTION 13 (Implementation Schedule)
(a)
Phase Number:
Effective Date
Entities Subject to Ordinance Covered Materials
Phase 1:
July 1, 2012
Business Property Owners and
Business Waste Generators within
Covered Jurisdictions with 4 cubic
yards or more of Solid Waste
(excluding Recyclables and Solid
Waste generated under a permitted
building project) collection service
per week on an average basis as of
November 1, 2011 or any later date.
Multi-Family Building Property
Owners within Covered
Jurisdictions. Self-Haulers
transporting Solid Waste originating
in Alameda County. Regulated
Haulers operating within Covered
Jurisdictions.
Corrugated cardboard,
newspaper, white paper,
mixed recyclable paper,
recyclable food and
beverage glass containers,
metal (aluminum and
steel) food and beverage
cans, HDPE and PET
bottles
Phase 2:
July 1, 2014
All Business and Multi-Family
Building Property Owners and
Business Waste Generators within
Covered Jurisdictions. Self-Haulers
transporting Solid Waste originating
in Alameda County. Regulated
Haulers operating within Covered
Jurisdictions.
Covered Materials in
Phase 1, plus discarded
food and Compostable
paper.
(b) A Covered Jurisdiction may add discarded food and Compostable paper, or other
Recyclable materials, to the list of Covered Materials for all or a subset of the
entities subject to the Ordinance at any time if requested by three or more
Covered Jurisdictions. Such coverage under the Ordinance, however, shall not
16
occur unless it is accepted in writing by the Enforcement Official or the Authority
Board, and shall become effective only on the date specified in such written
acceptance. Such acceptance shall not be unreasonably withheld or delayed.
SECTION 14 (Severability)
If any provision of this Ordinance or its application to any situation is held to be invalid,
the invalidity shall not affect other provisions or applications of this Ordinance which can
be given effect without the invalid provision or application, and to this end the provisions
of this Ordinance are declared to be severable.
SECTION 15 (Notice and Verification)
This Ordinance shall be posted at the Authority Office after its second reading by the
Board for at least thirty (30) days and shall become effective thirty (30) days after the
second reading.
Passed and adopted this 25th day of January, 2012 by the following vote:
AYES: Biddle, Carson, Cutter, Freitas, Green, Henson, Kaplan, Keating, Landis,
Natarajan, Sullivan, Tam, Turner, West, Wile, Wozniak
NOES: Sadoff
ABSTAINING:
ABSENT:
I certify that under the penalty of perjury that the foregoing is a full, true and correct copy
of the ORDINANCE NO. 2012-1.
___________________________
GARY WOLFF
EXECUTIVE DIRECTOR
272511.1
17
RESOLUTION NO. 21 - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
OPTING OUT OF PHASE I OF THE
ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY (ACWMA) MANDATORY
COMMERCIAL RECYCLING ORDINANCE #2012 -1
WHEREAS, Ordinance #2012 -1 is an Ordinance requiring actions to reduce landfilling of
recyclable and organics solid waste from businesses, multi - family residences, and self - haulers;
and
WHEREAS, the City of Dublin is one of seventeen (17) member agencies composing the
ACWMA; and
WHEREAS, pursuant to the terms of Ordinance #2012 -1 by the ACWMA, "Any Member
Agency by a resolution of its governing body may, prior to March 2, 2012, choose to exclude its
service area from Phase I of this Ordinance "; and
WHEREAS, the City of Dublin has reviewed Ordinance #2012 -1 and determined that at
this time, it would like to be excluded from the agencies and service areas named in Ordinance
2012 -1.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin is
opting -out of Phase I of Ordinance #2012 -1 by the ACWMA, and, therefore, the City of Dublin's
service area will be excluded from the service areas described by the Ordinance.
vote:
PASSED, APPROVED AND ADOPTED this 21 st day of February, 2012, by the following
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATT ST:
City Clerk
Reso No. 21 -12, Adopted 2- 17 -12, Item 7.3 Page 1 of 1
RESOLUTION NO. 206 - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
OPTING OUT OF PHASE 2 OF THE
ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY (ACWMA) MANDATORY
COMMERCIAL RECYCLING ORDINANCE #2012-1
WHEREAS, ACWMA Ordinance #2012-1 is an ordinance requiring actions to reduce landfilling
of recyclable and organics solid waste from businesses, multi -family residences, and self -haulers;
and
WHEREAS, the City of Dublin is one of seventeen (17) member agencies comprising the
ACWMA; and
WHEREAS, pursuant to the terms of Ordinance #2012-1 by the ACWMA, "Any Member
Agency by a resolution of its governing body may, prior to March 2, 2012, choose to exclude its
service area from Phase 1 of this Ordinance"; and
WHEREAS, the City of Dublin opted -out of Phase 1 of ACWMA Ordinance #2012-1 on
February 21, 2012; and
WHEREAS, pursuant to the terms of Ordinance #2012-1 by the ACWMA, "Any Member
Agency by a resolution of its governing body may, prior to January 1, 2014, choose to exclude its
service area from Sections 4, 5, and 8, Phase 2 of this Ordinance"; and
WHEREAS, the City of Dublin has reviewed Ordinance #2012-1 and determined that, at this
time, it would like to be excluded from the agencies and service areas named in and covered under
Ordinance #2012-1.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin is opting -
out of Phase 2 of Ordinance #2012-1 by the ACWMA, and, therefore, the City of Dublin's service area
will be excluded from the service areas described by the Ordinance.
vote
PASSED, APPROVED AND ADOPTED this 17th day of December, 2013, by the following
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
�t )�� �
Mayor
ATTES .
City Clerk
Reso No. 206-13, Adopted 12-17-13, Item 8.2 Page 1 of 1