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Home My Public Portal About10B Adoption of Organic Waste Recycling ProgramAGENDA ITEM 10.8. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: December 15 , 2015 TO: Th e Honorable City Counci l FROM: Bryan Cook, City Manager By : Michael D. Forbes , Community Development Director ~ SUBJECT : Adopt ion of Organic Waste Recycling Program RECOMMENDATION: The City Co un cil is requ ested to adopt Resolu tion No. 15-5136 (Attachme nt "A ") adopting an organic waste recycl ing program . BACKGROUND : 1. In Septembe r, 2014 , the Governor sig ned Assembly Bill (AS) 1826 to amend the Integrated Waste Management Act (Public Resources Code section 40000 et seq .) regarding organic waste recyc ling . 2 . On January 1, 20 15 , AB 1826 became effective . AB 1826 phases in mandatory recycling of organic waste for businesses (i nclud ing for-profi t and non -profit bus in esses as well as mu ltifa mily reside ntia l dwellings). Organic w aste is defined as "food waste, green waste , la nd scape and pruning waste , non hazardous wood waste , and food -soi led paper waste that is mi xed in with food waste." ANALYSIS: AB 1826 imposes th e following sched ul e for mandatory organic waste recycling : • April 1, 201 6: A business that generates eig ht cubic yards or more of organic waste per w eek shall arrange for organic waste recycling services ; • January 1, 2017 : A business that ge nerates fou r cubic yards or more of organ ic waste per w eek sha ll arra ng e for orga ni c waste recycling se rv ices ; City Council December 1 , 2015 Page 2 of 4 • January 1, 2019: A business that generates four cub ic yards or more of commercial solid waste (inclusive of organic waste and other waste) per week sha ll arrange for organic waste recycli ng services; and • January 1, 2020: If CaiRecycle determines that statewide disposal of organic waste has not been reduced to 50 percent of the leve l of disposal in 2014, a business that generates two cub ic yards or more per week of comme rci al solid waste (inclus ive of organic waste and other waste) shal l arrange for organic waste recycling services , un less CaiRecycle determines that this req uire ment wil l not resu lt in significant additional reductions of organics disposal. A business that is required to recyc le organic waste may do so by any of th e follow ing means: • Separate organic waste from other waste and subscribe to a basic level of o rga nic waste recyc ling service that i ncludes col lection and recycling of organic waste ; • Recycle its organic waste onsite or self-haul its own organic waste for recycli ng; • Subscribe to an organic waste recycling service that may incl ude mixed waste processin g t hat specifically recycles organic waste ; or • Make other arrangements to se ll or donate recyc lable organic waste . Furthermore , if the loca l agency or its waste hau ler franchisee does not provide separate orga nic waste collection and recyc ling services, a business may arrange for separate organ ic waste collection a nd recycling services through a third party unti l the agency or its franchisee provides orga ni c waste recyc ling services . In addition , AB 1826 requires loca l j urisd ictions to adopt an "organic waste recyc ling program " by Jan uary 1 , 2016 "that is appropriate for t hat jurisdiction and designed specifically to divert organic waste generated by businesses " that are required by AB 1826 to implement organic waste recycling . The program may implem en t mandatory commercia l organic waste recycling t hrough a policy, ord inance, and/or franchise . The program must contain certain informatio n regard ing organic waste recycling fac il it ies. Specifica lly , the program must identify: • Ex isting organic waste recycli ng facil ities w it hi n a reasonab le vicinity and the capac ities avai lab le for materia ls to be accepted at each faci lity; • Ex isting so lid waste and orga n ic waste recycl ing faci lit ies wit hi n the jurisdiction t hat may be suitable for potential expansion or co location of organic waste processing or recycling facilities ; City Council December 1, 2015 Page 3 of 4 • Efforts of which the jurisdiction is aware that are underway to develop new private or public regional organic waste recycling faci lit ies that may serve some or al l of the organic waste recycling needs of the commercia l waste generators within the jurisdiction subject t o this chapter, and the anticipated timeframe for comp letion of those faci l ities; • Closed or abandoned sites that m ig ht be avai lab le for new organic waste recycli ng fac iliti es; • Other non -d isposa l opportun ities and markets; • Appropriate zoning and permit requirements for the location of new organ ic waste recyc lin g facilities; • Incentives ava il ab le , if any, for developing new organic waste recycling facilities within the jurisdiction; and • Barriers to siting new or expanded compostab le materials hand l ing operations, as defined in paragraph (12) of s ubd ivi s ion (a) of Section 17852 of Title 14 of the Ca li forn ia Code of Regulations, and a p lan to remedy t ho se barriers that are within the control of the local jurisdictio n . Finally , the program must also provide for t he education of, outreach to, and monitoring of, businesses that a re required to recycle orga ni c waste. The p rogr am shall require the jurisdiction to notify a bus in ess if the business is not in comp li ance with the organic waste recycl in g requirements in AB 1826. The proposed Reso luti on No . 15-5136 satisfies the requirement that th e City have an organic waste recycling program i n place by January 1, 2016. The City has issued an exclusive franchise to Athens Services to provide for t he collectio n and disposa l of so lid waste, recycla bles, and green waste. Sect ion 4 .2 of th e Franch ise Agreement s hows that the intent of the agreement is to implement the ob li gations of the In tegrated Waste Management Act, as it may be ame nded from time to time. Sections 5 .2 (residentia l) and 5.3 (commercia l I i ndustrial) obligate Athens to col lect, p roc ess, and dispose of not only solid waste , but also recyclab le materia ls and other "compostab le materials" from City businesses and residences . Section 7.3 requires Athens to ho ld the City harmless from any failure to meet diversion req uirements of the Act, of which AB 1826 is now a part. Resolution No . 15-5136 adopts an organic waste recycling program for the City that anticipates Athens Services wil l work with the City in comp lying with AB 1826 . Athens will prepare a report ide nt ifying the businesses within the City that are subject to mandatory organic waste recycling under AB 1826. The first phase of mandatory organic waste recyc l ing commencing on April 1, 2016 only applies to businesses that generate eight cubic yards of organic wa ste per week , which is the equ ivalent of an area 12 feet wide by 3 feet tall by 6 feet deep . This is a very large vo lume of organic City Council December 1, 2015 Page 4 of 4 waste. At this time it is not anticipated that a ny businesses in the City would generate that amount of organ ic waste, thoug h thi s wil l be ve rifi ed by Athens . Athens will also co mpil e in formation regarding the avai lability of organic waste recycling faci li ties for o rg a nic waste col lected in th e City. This reso l ution re quires the City and Ath ens to enter into negot iations for a n amendment to Athens ' franch ise agreement to include provisions that clearly delineate Athens' obligation s with respect to the collection an d disposal of organ ic waste. After t he franchise amendment is comp lete the City wil l the n make a ny necessary amendments to the Temple City Municipal Code (TCMC) to impleme nt those cha nges and to ens ure that the City's code is consiste nt with AB 1826. In particular, TCMC Titl e 6 , Chapte r 2C con tain s requirements for the disposa l of "co mbustible t rash ," "garbage," an d "rubb ish ." As those te rms are defined , some organic waste is consid e red to be combustible trash and some is garbage . TCMC Section 6 -2C-3 prohib its the mi xing of ga rbage and comb ustible trash in the same container, w hich would have the effect of prohibiting source separated organic waste recycling in the City . Fina ll y, Athens wil l be respons ib le for preparing and dissem inating educatio nal materials an d conducting ou treach to ensure that busin esses tha t are requi red to recycle th eir organ ic waste a re awa re of th eir obligations , and Ath en s will monitor thei r compliance as we ll. Adoption of Resolution No . 15-5136 wi ll ensure that the City has adopted an orga nic waste recycling program by the dead lin e of January 1, 2016 , and will memo rialize the steps that the City w i ll be taking in coordination with Athens Services to facilitate organic waste re cyc ling consistent with AB 18 26 . C ITY STRATEGIC GOALS: Adopting an organic wast e recy cling p rogram will promote the City Strateg ic Goals of Good Gov e rnance and Pub lic Hea lth and Safety . FISCAL IMPACT: Adopting a n organic waste recycl ing p rogram will not have an impact on the City Budget. ATTACHMENT : A. Resolut ion No . 15-5136 RESOLUTION NO. 15-5136 A RESOLUTION OF THE CITY COUNC IL OF THE CITY OF TEMPLE CITY, CALIFORNIA ADOPTING AN ORGANIC WASTE RECYLCING PROGRAM ATTACHMENT A WHEREAS , AB 1826 amended the Integrated Waste Management Act (Public Resources Code § 40000 et seq .) to add a new Chapter 12 .9 to the Act imposing regulations applicable to the recycling of organic waste; and WHEREAS , the City has entered into an exclusive franchise agreement with Athens Serv ices fo r solid waste collection and disposal services , and requires Athens Services to assist th e City in comp lying with all applicable prov is ions of the Integrated Waste Management Act , of which AB 1826 is a part; and WHEREAS , Publ ic Resources Code § 42649.81 phases in organ ic waste recycling requiremen ts for businesses , with the first phase commencing on Apr il 1, 2016 and requiring businesses that generate more than 8 cubic yards of organic was te per week to recycle their organi c waste ; and WHEREAS , Public Resources Code § 42649 .82 requires c ities and counties to adopt an organic waste recycling plan on or before January 1, 2016 , which may include a requirement for mandatory organic waste recycling through a franchisee ; and WHEREAS , the City desires for Athens Services to provide organic waste recycling services cons istent with AB 1826 within the City . NOW, THEREFORE , the City Council of the City of Temple City does hereby resolve as follows: SECTION 1. Adoption of Organic Waste Recycling Program . The City Co un ci l adopts th is Resolution No . 15-5136 as its organic waste recycling program as required by Public Resour ces Code section 42649 .82 . SECTION 2. Organic Waste Recycling Program . The City's Organic Waste Recycling Program sha ll consist of the following elements : (a) Mandatory Organic Waste Recycling for Businesses . Businesses with in the City shal l recycle their organic waste consistent with the requ irements of Public Resources Code section 42649 .81 . For the purposes of this subsection "businesses " shall have the same meaning as provided in Publi c Resources Code section 42649 .8 , which Resolution No . 15-5136 Page 2 of 3 defines bus inesses to mean "a commerc ial or public entity , including , but not lim ited to , a firm , partnership, proprietorship , joint stock company, corporation , or assoc iation that is organized as a for-profit or nonprofit entity , or a multifamily residential dwelling ." (b) Report of Organic Waste Generators . Athens Serv ices shall prepare a report identify ing "organic waste generators," as that term is defined in Public Resources Code § 42649 .8 , within the City , and submit such report to the City. (c) Information Regarding Organic Waste Recycling Facilities . Athens Servi ces shall compile the information listed in Public Resources Code § 42649 .82(d)(1 )(A) and (B) regarding organic waste recycling facilities and compostable material handling operations , and submit such information to the City . (d) Amend Franchise Agreement. The City and Athens Services shall enter into negotiations for an amendment to the existing franchise agreement to clearly delineate Athens ' obligations with respect to the collection and disposal of organ ic waste and implement any necessary changes to the approved fees to implement such amendment. At a minimum , this franchise amendment shall require Athens Services to collect and dispose of organic waste from businesses requ i red to recycle organic waste under Public Resources Code § 42649 .81 , and provide public education and outreach regarding organic waste recycling to such businesses . (e ) Amend Municipal Code . The City will amend its municipal code prov1s1ons regarding solid waste collection and disposal as necessary to incorporate the requirements of AB 1826 and the amendment to the franch ise agree with Athens Services . (f) Public Education and Outreach. Athens Services shall develop a program of educat ion and outreach to businesses subject to mandatory organic waste recycling under Public Resources Code § 42649 .81 , and monito r the compliance of such businesses w ith AB 1826 . SECTION 3. Authorized Signatures . The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption and the City Clerk , or her duly appointed deputy, is directed to attest thereto . SECTION 4. Clerk's Certification . The City Clerk shall certify to the adoption of this Resolution . PASSED , APPROVED AND ADOPTED on this 15th day of December, 2015 . Tom Chavez Mayor Resolution No. 15-5136 Page 3 of 3 ATIEST: Peggy Kuo City Clerk I hereby certify that the foregoing resolut ion , Resolution No .15-5136 was duly passed , approved and adopted by the City Council of the C ity of Temple City at a regular meeting held on the 15th day of December, 2015 by the following vote : AYES : Councilmember- NOES : Councilmember- ABSENT: Councilmember- ABSTAIN : Councilmember- Peggy Kuo C ity Clerk