CC SR 20151020 E - Mandatory Commercial Organics Recycling Program (AB 1826)CfTYOF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
MICHAEL THRONE, P .E., DIRECTOR OF PUBLIC WORKS ii'))
OCTOBER 20, 2015
SUBJECT: APPROVE MANDATORY COMMERCIAL ORGANICS
RECYCLING PROGRAM (AB 1826)
REVIEWED: DOUG WILLMORE, CITY MANAGER fllAA.}
Project Manager: Lauren Ramezani, Senior Administrative Analyst 'f,{v
RECOMMENDATION
Approve the City's implementation program for a mandatory commercial organics
recycling program complete with outreach, education, and monitoring as required by the
State approved AB 1826, Mandatory Commercial Organics Recycling.
FISCAL IMPACT
There is no fiscal impact.
EXECUTIVE SUMMARY
Pursuant to AB 1826, cities and counties are required to implement a mandatory
commercial organics recycling program targeting businesses by January 1, 2016. This
law phases-in the mandatory recycling of commercial organics over several years, with
an increase in the number of businesses required to comply each year, with full
implementation realized in 2019. In order to meet the State's requirements, staff has
prepared a mandatory commercial organics recycling program/plan for Council approval.
The program is for affected businesses and multi-family complexes in the City, for
implementation on and after January 1, 2016.
BACKGROUND
On September 28, 2014, Governor Brown signed AB 1826, Mandatory Commercial
Organics Recycling. Organic waste (organics) is defined as any material that is
biodegradable and comes from either a plant or an animal. Some examples of organic
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Organics Recycling Program-AB 1826
October 20, 2015
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waste are food waste, green waste, landscape and pruning waste, garden and lawn
clippings, nonhazardous wood waste, and food soiled paper that is mixed in with food
waste.
Beginning April 1, 2016, businesses generating least eight (8) cubic yards per week of
organic waste will be required to arrange for organic waste recycling services.
Additionally, multi-family residential dwellings (MF) that consist of five or more units and
generating 8 cubic yards per week of organic waste will also be required to arrange for
organic waste recycling services. However, MF are not required to have a food waste
diversion program which makes compliance easier.
DISCUSSION
The City has non-exclusive commercial solid waste and recycling agreements with eight
(8) commercial haulers, and one exclusive residential agreement with EDCO. Four (4)
commercial haulers exclusively provide temporary roll-off bins for construction and
demolition activities, and therefore are exempt from the requirements of this legislation.
Staff and SCS Engineers, the City's solid waste consultant, plan to work closely with the
remaining four commercial haulers (CalMet, Consolidated/Republic, EDCO, and Waste
Management) that are subject to AB 1826 on implementing organics recycling for
businesses, and with EDCO for implementing multi-family organics recycling. The
following are the milestones and required actions as mandated by the State:
• January 1, 2016: The City must implement an organics recycling program
complete with outreach, education, and monitoring plan.
• April 1, 2016: Businesses that generate 8 cubic yards of organic material or more
per week are required to arrange for organic waste recycling services.
• January 1, 2017: Businesses that generate 4 cubic yards of organic material or
more per week are required to arrange for organic waste recycling services.
• August 1, 2017 (ongoing): The City must provide information about their organic
recycling program implementation in the annual report submitted to CalRecycle.
• January 1, 2019: Businesses that generate 4 cubic yards of commercial solid
waste or more per week are required to arrange for organic waste recycling
services.
• Fall 2020: After receipt of the submitted 2019 annual reports, CalRecycle to
conduct its formal review of all jurisdictions.
• Summer/Fall 2021: If CalRecycle determines that the statewide disposal of organic
waste in 2020 has not been reduced by 50 percent of the level of disposal during
2014, then businesses that generate 2 cubic yards of commercial solid waste or
more per week are required to arrange for organic waste recycling services.
The City's efforts for businesses and the multi-family sector are discussed separately.
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Businesses Sector: The affected businesses are typically larger businesses and/or
commercial complexes that generate 8 or more cubic yard of organics (food waste and/or
green waste) in a week. This includes restaurants, shopping centers, cemeteries,
schools, resorts, golf courses, and public facilities.
Staff has begun reaching out to the four abovementioned haulers to assure appropriate
steps are and will be taken. The planned outreach includes the following:
• Staff-Informing haulers to provide outreach to their affected business accounts
• Haulers-Working to identify affected businesses and/or their management
companies
• Haulers-Contacting those businesses and providing recycling and outreach
• Staff-Updating the upcoming 2016 annual commercial hauling agreement and
incorporating new organics recycling related language
• Staff-Notifying the affected businesses and/or management companies of the
requirements and offering assistance
• Staff-Sending informational fliers to all businesses during business license
renewal in December 2015
• Staff-Continuing outreach and education, and monitoring program
Multi-Family Sector: The City has approximately 45 MF dwellings. AB 1826 targets MF
complexes that are 5 units or more AND that generate 8 cubic yard of organics a week.
EDCO estimates that the number is very small, or approximately 2-3 complexes. The
reason is because: a) food waste diversion is not required for MF at this time, and 2)
many MF complexes have either small or no yards, therefore, do not fall within AB 1826's
threshold.
Staff is working closely with EDCO to assure appropriate steps are taken. The planned
outreach includes the following:
• Staff-Informing EDCO to provide outreach to their affected business accounts
• EDCO-Identifying affected MF accounts
• EDCO-Providing outreach and education to those customers and/or management
companies, and provide recycling
• Staff-Planning to reach out to affected MF and/or management companies and:
o notifying them of the requirements, providing outreach material for occupants,
providing outreach material to their professional landscapers (if needed),
offering assistance, Continuing outreach, education, and monitoring program
CONCLUSION
Staff has prepared a program to meet the requirements set forth for 2016 by the State's
AB 1826 for affected businesses and MF dwellings. The program includes targeted
outreach, education, and monitoring. Later next year, in 2016, staff will update the
program to include the years 2017, and further.
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ALTERNATIVES
1. Do not implement mandatory commercial organics waste recycling. However, it is
the law and the City is mandated to have an organic waste recycling program in
place.
2. Adopt a City Mandatory Organics Recycling ordinance. Staff does not recommend
this additional step. Typically cities that adopt such an ordinance add enforcement
and/or penalty sections. However, the law does not require enforcement upon
businesses, and staff does not recommend diverting Code Enforcement staff's
limited time and resources on such duties at this time.
Attachment
Program for the Business Sector and the Multi-Family Sector
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(page 5)
Organics Recycling Program-AB 1826
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AB 1826 IMPLEMENTATION PROGRAM
OCTOBER 2015-JUNE 2016
Commercial Sector
• Oct-Nov 2015: Identify businesses that are covered under Phase I: 8 cy/week of
organics
• Nov-Dec 2015: Develop and distribute outreach to all businesses informing them of
AB 1826 requirements, responsibilities, and services offered by hauler. Contact
information for the haulers and the City will be provided on all materials. Outreach
methods will include letters, newsletters, flyers and website postings.
• Nov-Dec 2015: Conduct site visits of select large generators to identify existing
programs and opportunities for new or expanded organics diversion
• Jan-Feb 2016: Distribute additional outreach to businesses regarding AB 1826.
• Feb 2016: Provide copies of outreach materials in Quarterly Commercial Hauler
report to City, including and method of outreach distribution.
• Feb-March 2016: Conduct additional site visits as needed.
• April 2016: Implement organics diversion for all businesses generating 8 cy/week of
organics
• May 2016: Provide copies of outreach materials in Quarterly Commercial Hauler
report to City, including dates of distribution and method of outreach distribution.
• May-June 2016: Distribute additional outreach and education, including site visits,
flyers, and letters.
Residential Sector
• Oct-Nov 2015: Identify multi-family (MF) complexes that are covered under Phase I:
8 cy/week of organics, such as yard trimmings and wood (not including food scraps)
AND 5 units or more.
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• Nov-Dec 2015: Develop and distribute outreach to all MF complexes informing them
of AB 1826 requirements, responsibilities, and services offered by EDCO. Contact
information for EDCO and City will be included in outreach materials. Outreach
methods will include letters, flyers, newsletters and/or website postings.
• Nov-Dec 2015: Conduct site visits to select large MF complexes to identify types and
quantities of organics generated and disposed, and opportunities and constraints for
implementing organics diversion.
• Jan 2016: Send letters to complex managers and/or owners.
• Jan-Feb 2016: Distribute additional outreach to complexes reminding them of AB
1826 and update information on websites.
• Feb 2016: Provide copies of outreach materials in Quarterly Residential Hauling
report to City, including dates and method of distribution.
• Feb-March 2016: Conduct additional site visits as needed.
• April 2016: Implement organics diversion for all multi-family complexes that are 5+
units and generating 8 cy/week of yard trimmings, wood, etc.
• May 2016: Provide copies of outreach materials in Quarterly Residential Hauling
report to City, including dates and methods of outreach distribution.
• May-June 2016: Distribute additional outreach and education, including flyers, letters,
and newsletters, and conduct additional site visits as needed.
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