Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000798

 

MEETING DATE:

11/02/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Waste & Recycling   (Approved)

Department contact person(s):

Lisa Smith (714)834-4357 

 

 

Tom Koutroulis (714)834-4122

 

 

Subject:  Approve Organic Waste Disposal Reduction Ordinance

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Ordinance to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to review under CEQA.

 

2.

Read title of Ordinance “AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA, AMENDING TITLE 4 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE BY AMENDING DIVISION 3, ARTICLE 2 AND ADDING ARTICLE 4 ORGANIC WASTE DISPOSAL REDUCTION.”

 

3.

Order further reading of the Mandatory Organic Waste Disposal Reduction Ordinance be waived.

 

4.

Direct Ordinance be placed on the agenda of the November 16, 2021, Board of Supervisors meeting for adoption.

 

5.

At the November 16, 2021, Board of Supervisors meeting, consider the matter and adopt the Ordinance.

 


 

 

 

SUMMARY:

 

Approval of the Organic Waste Disposal Reduction Ordinance will ensure the County is in compliance with Senate Bill 1383, which requires a 50 percent reduction in organic waste disposal from 2014 levels by 2020 and a 75 percent reduction by 2025.

 

 

BACKGROUND INFORMATION:

 

As the responsible entity for managing Orange County’s solid waste disposal system that is currently comprised of three active regional landfill operations, 21 closed solid waste disposal sites and four Household Hazardous Waste Collection Centers, OC Waste & Recycling (OCWR) is required to comply with legislation including, but not limited to, The California Integrated Waste Management Act of 1989 (AB 939), which mandated that cities and counties reduce the amount of waste disposed in landfills by 50 percent by the year 2000 or potentially incur fines of up to $10,000 per day.

 

Adopted by the California Legislature in 2016, Senate Bill 1383 – Short Lived Climate Pollutants (SB 1383) requires a 50 percent reduction in organic waste disposal from 2014 levels by 2020 and a 75 percent reduction by 2025. SB 1383 also requires no less than a 20 percent reduction of edible food that is currently being disposed, be recovered for human consumption by 2025.

 

As a result of SB 1383, the California Department of Resources Recycling and Recovery (CalRecycle), which is the state department tasked with administering California’s waste and recycling programs, developed prescriptive regulations to achieve the state’s outlined organic waste disposal goals by 2025. In November 2020, CalRecycle released the final regulations for SB 1383. 

 

By January 1, 2022, local jurisdictions are required to have adopted ordinances that enable them to enforce SB 1383 organic waste reduction requirements.  The CalRecycle regulations allow jurisdictions to take an educational and non-punitive approach to enforcement for the first two years (2022 and 2023) of the ordinance being in effect. OCWR will work with residents and businesses in unincorporated Orange County during the first two years to ensure they are in compliance with the Ordinance. Thereafter, the County is required to issue notices of violation pursuant to Section 18995.4 of the California Code of Regulations. Failure to ensure compliance with SB 1383 Regulations could result in daily fines of up to $10,000 per day against non-compliant jurisdictions.

 

The Ordinance requires that single-family generators and commercial generators subscribe to the County’s Organic Waste Collection services and place designated materials in designated containers. Commercial generators are required to provide sufficient containers for all material streams, annually provide education to employees, tenants and customers about Organic Waste Recovery, and allow County to conduct inspections of containers. Waivers are allowed under certain limited circumstances. Commercial Edible Food Generators must arrange to recover the maximum amount of edible food, contract with a Food Recovery Organization or Service, shall not intentionally spoil Edible Food, allow for inspections and reviews of records related to Edible Food Recovery and keep records regarding Edible Food Recovery. Food Recovery Organizations and Services must maintain records, inform generators of Good Samaritan Food Donation Act, report pounds of edible food to County and participate in Edible Food Recovery Capacity Planning efforts. Haulers and Facility operators must participate in Organic Waste Recycling Capacity Planning efforts. Generators who self-haul material must source-separate that material, haul recyclables and organics to recycling facilities and keep records. The Ordinance grants the County the right to conduct inspections of containers, vehicles loads and facilities and grants the County enforcement powers including assessing fines beginning January 1, 2024.  

 

Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since the action authorized herein may lead to the adoption of an ordinance to comply with state regulations, which constitutes an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A – Organic Waste Disposal Reduction Ordinance
Attachment B - Current Version of Sections 4-3-1 through 4-3-199 of the Codified Ordinances of the County of Orange
Attachment C - Redline Version of Sections 4-3-1 through 4-3-237 of the Codified Ordinances of the County of Orange
Attachment D - Assembly Bill No. 939
Attachment E - Senate Bill No. 1383
Attachment F - California Code of Regulations - Section 18995.4