Compliance Corner – May 2022

By now, you have adopted your SB 1383 mandatory organics reduction ordinance and are probably knee-deep in identifying Tier 1 and 2 commercial edible food generators, updating your website, notifying generators of their responsibilities and making sure that covered generators have a collection program for organics.

But what about those businesses that don’t generate enough paper, food or plant debris to need collection?

What about nail salons, hair salons, auto body shops, etc.? 
Some small businesses, like these, generate very little in the way of organic materials.

Do they still have to have organics collection?
They (and others) may be eligible for a waiver if they meet the criteria noted below!

 

May 2022 – Waivers

For this month, we’re focusing on SB 1383 Waivers, Section 18984.11: Waivers Granted by a Jurisdiction.

While waivers are not required to be provided, many jurisdictions will use them to provide flexibility for businesses who generate very little to no organics.

De Minimis Waivers

A jurisdiction may waive a business’ obligation to comply with some or all SB 1383 business requirements, if the business provides documentation, or the jurisdiction has evidence, demonstrating that organic waste comprises a de minimis amount as follows.

  • For businesses with total solid waste collection service of two cubic yards or more per week, organic waste comprises less than 20 gallons per week per applicable container of the business’ total waste,
  • For businesses with total solid waste collection service of less than two cubic yards per week, organic waste comprises less than 10 gallons per week per applicable container of the business’ total waste.

Jurisdictions may be able to prioritize certain businesses to start the waiver process with, by simply looking at the business name (are they a non-food related service business) and their solid waste service levels.

Physical Space Waivers

A jurisdiction may also waive a commercial business’ or property owner’s obligation to comply with organic waste collection service requirements if the business or property owner provides documentation, or the jurisdiction has evidence, demonstrating that the premises lack adequate space for organic waste containers. R3 recommends staff or a hauler verify physical space waivers through an on-site visit before granting the waiver.

Some jurisdictions are providing a sample waiver form on their website that businesses can fill out requesting a waiver, and some are having their haulers, staff or a third party, conduct site visits to determine who is eligible for a waiver. Jurisdictions may be able to prioritize certain businesses to communicate with about  a potential waiver, just by looking at the business name and their service levels.

While haulers or other third-party entities may suggest businesses for waivers, the jurisdiction or other public entity needs to issue the waiver.

Recordkeeping for Waivers

Jurisdictions are required to keep waiver information in their SB 1383 implementation record. They are required to describe their process for issuing waivers and the frequency of inspections to verify the validity of such. They are also required to keep a copy of all waivers issued, including the location, date issued and name of generators.

 

Helpful Links:

More information can be found on CalRecycle’s SB 1383 Q&A website, click on “waivers” at the top of the page.

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Project Update: Marin County | Reusable Foodware Ordinance

We have some exciting project news to share….. and just in time for Earth Day!

Reusable Foodware Ordinance | Marin County

Since October 2019, the R3 team, led by Claire Wilson and Garth Schultz, have been working with Marin County to develop and implement a countywide foodware ordinance. R3 worked closely with the County to develop a comprehensive and innovative approach to foodware policy for the unincorporated County to be used as a county-wide model ordinance. This involved developing an ordinance to promote reusable products, allow for compliant compostable foodware, and disallow single-use plastics in the County.

R3’s work also included extensive community engagement, development of a single-use materials matrix for businesses to refer to as-needed, enforcement protocols once the ordinance is in effect, development of a grant program for businesses, and an enforcement training plan and presentation. With the help of our subconsultant, Cascadia Consulting Group, Inc., our team also prepared public outreach materials and conducted technical assistance to businesses. R3 then presented our expert analysis and findings surrounding funding implementation and ongoing enforcement.

In delightful alignment with Earth Day 2022, this week the Board of Supervisors approved this ordinance unanimously (5-0) and will require businesses to offer to-go food containers made of fiber-based compostable material, as certified by the Biodegradable Products Institute.

Claire Wilson, R3 Project Manager, after the unanimous first approval from the Marin County Board of Supervisors.

Food containers and utensils at dine-in businesses will also be required to be reusable, with exceptions for some items like paper napkins and straws. Businesses will only be allowed to offer foodware accessories like cup sleeves, lids, and stirrers upon request, and those they provide must also be fiber-based compostable products. It is estimated that annually Marin uses 95 million cups, one time and then throws it away – resulting in a large influx of waste. The new ordinance aims to reduce the usage of single-use materials and promote reusable products. Enforcement for the new ordinance won’t come for another 18 months, after a second reading of the ordinance, scheduled for May 10, 2022.

More articles on the big news!

 

 

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Happy Earth Day 2022!!

Earth Day – A Little History

In the 1960s, Americans were becoming increasingly aware of how their actions and behaviors were dramatically affecting the environment and harming the natural world. In researching the history of Earth Day, I learned there were a few factors leading up it being officially declared, but ultimately, it was the massive oil spill off the coast of Santa Barbara in 1969 that served as the catalyst for action. It was, at the time, ranked as the largest oil spill in U.S. waters and made headlines across the country, leading to nationwide support for the modern environmental movement.

 

Wisconsin Jr. Senator Gaylord Nelson (founder) and Congressman Pete McCloskey were co-chairs, and they also recruited activist, Denis Hayes, to help organize and facilitate. Take a look at this CBS news piece, from 1970, with Walter Cronkite.

Earth Day’s original main target audience was college students, which is why April 22nd was selected – a weekday falling between spring break and final exams. Realizing they had the potential to inspire all Americans, they expanded their team to 85 people and moved from speaking only at campuses to include a broader range of organizations and faith groups.

“Earth Day inspired 20 million Americans — at the time, 10% of the total population of the United States — to take to the streets, parks and auditoriums to demonstrate against the impacts of 150 years of industrial development which had left a growing legacy of serious human health impacts.”

In 1990, the movement turned global, which mobilized 200 million people in 141 countries and amplified environmental issues onto the world stage.

Today, in 2022, Earth Day is widely recognized as the largest secular observance in the world, marked by more than a billion people every year as a day of action to change human behavior and create global, national and local policy changes.

As we well know in the solid waste industry – the fight for a clean environment continues with increasing urgency, as the effects of climate change become more apparent every day!

 

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Compliance Corner – April 2022

Did you know April has been federally declared food waste awareness month?

We all know about and love Earth Day, TODAY, right?!

Stop Food Waste Day is also coming up (April 28)!

Seems only fitting that this post is focused on SB 1383’s Edible Food Recovery requirements!

 

April 2022 – Edible Food Recovery

This month focuses on Edible Food Recovery and all the work jurisdictions will need to do in order to identify, educate, and inspect commercial edible food recovery generators, as well as establish an Edible Food Recovery program in your city, town, district, or County.

Who Are Tier 1 and Tier 2 Generators?

Tier 1 and 2 generators are the entities identified by CalRecycle as required to donate food under SB 1383. For Tier 1, this began January 1, 2022 and for Tier 2, they will need to begin donating food January 1, 2024.

Description of Tier 1 & 2 generators and what types of food are typically donated.

Identification

Jurisdictions are required to have identified the Tier 1 and 2 generators in their jurisdiction by January 1, 2022. However, this is no easy feat! If you are just beginning the process or looking to refine your list, using a variety of different data sources can help narrow down your generators.

R3 recommends the following resources for identification:

  • Environmental Health Data from your County
  • North American Industry Classification System (NAICS)
  • California Department of Public Health
  • CalRecycle Convenience Zone Status – for Supermarkets
  • Internet Research – for hotel room counts, square footage of restaurants (via real estate websites)
  • Institutional Knowledge – for large venues and events

Annual Education and Inspections

More information on Annual Education and Noticing can be found here!

Jurisdictions are not required to inspect a minimum number of Tier 1 generators (Tier 2 begins in 2024) each year, however, a jurisdiction should determine a target number of generators to visit each year and who will be responsible for the inspections.

When on-site, you should look for two requirements:

  1. Does the generator have a copy of the written contract(s) it has with a food recovery organization(s)?
  2. Does the generator maintain records of the following information?
    • The name, address and contact information of the service or organization.
    • The types of food that will be collected by or self-hauled to the service or organization.
    • The established frequency that food will be collected or self-hauled.
    • The quantity of food collected or self-hauled to a service or organization for food recovery (in pounds recovered per month).

Reporting

Jurisdictions need to store the following information about their Edible Food Recovery program in the Implementation Record.

More information on Inspections and Recordkeeping can be found here!

Tips for a Successful Edible Food Recovery Program in your Jurisdiction

Food insecurity and recovery is rarely an issue defined by jurisdictional boundaries. Therefore, it is important to coordinate on a regional basis (R3 suggests county-wide) to learn who is recovering food in your area, where food is collected and distributed, and way to support additional recovery work. Many jurisdictions are looking to their counties or regional Joint Powers Authorities (JPAs) to work together on edible food recovery efforts through coordinated meetings, education, and/or inspections.

Cities and towns should also work with their counties through the edible food capacity study – due to CalRecycle on August 1, 2022 from all counties in the state. Counties may reach out you to work in tandem to identify gaps in edible food capacity in your area and ways to increase future capacity for all Tier 1 and 2 generators.

 

Helpful Links:

 

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Compliance Corner – March 2022 (3 of 3)

Are you ready for the Inspection and Recordkeeping requirements of SB 1383? Have you started the report for your jurisdiction due on April 1, 2022? And how is it different from the reports due August 1, 2022 and October 1, 2022? R3 is ready to help you get up to speed with inspections, recordkeeping, and reporting!

See below for more information regarding the Implementation Record and Inspection Requirements; see here for the Initial Jurisdiction Compliance Report due by Friday, April 1, 2022; and see here for the Jurisdiction Annual Reporting due August 1, 2022 and October 1, 2022 (and August 1 annually thereafter). Please don’t hesitate to reach out to the R3 team if you need further assistance!

March 2022 – Inspections and Recordkeeping

For this month, we’re looking at SB 1383 Inspections, Recordkeeping, and Reporting requirements, primarily focusing on three parts:

  1. Initial Jurisdiction Compliance Report
  2. Jurisdiction Annual Report (Restructured EAR)
  3. Implementation Record and Inspection Requirements

See below for some tips and guidelines that will help you through this ongoing process. Please remember to start tracking information in your Implementation Record now!

3.  Implementation Record

Each jurisdiction should maintain all records required by SB 1383 using an Implementation Record, such as the Model Implementation Record Tool provided by CalRecycle. Records must be retained for five years and provided to CalRecycle within ten business days upon request.

The Implementation Record must include the following information:

  1. Ordinances and enforceable mechanisms
  2. Written program descriptions
  3. Organic waste service collection
  4. Contamination minimization, including route reviews and waste evaluations
  5. Waivers and exemptions
  6. Education and outreach
  7. Jurisdiction oversight of hauler programs
  8. Edible food recovery
  9. Recovered organic waste product procurement
  10. Paper procurement
  11. Inspection and enforcement
  12. Compliance reviews
  13. Investigation of complaints and alleged violations 
Helpful Links:

 

Inspection Requirements

Each jurisdiction shall have an inspection and enforcement program designed to ensure overall compliance with SB 1383 regulations.

Inspections must include the following requirements:

  1. If the jurisdiction is using the compliance method with a two-container or three-container collection system, it shall complete a compliance review of all solid waste collection accounts for commercial businesses that generate two cubic yards or more per week of solid waste.
    • The jurisdiction shall also determine compliance with organic waste generator requirements and self-haul requirements, including whether a business is complying through back-hauling organic waste.
    • The jurisdiction shall either:
      • Conduct annual route reviews of commercial businesses and residential generators for compliance with organic waste generator and container contamination requirements; or
      • Perform waste evaluations to verify commercial businesses and residential generators compliance with organic waste generator requirements.
  2. If a jurisdiction is using the unsegregated single-container collection services compliance method, it shall conduct a compliance review of all solid waste collection accounts for commercial businesses that generate two cubic yards or more per week of solid waste, including organic waste.
    • The jurisdiction shall also determine compliance with:
      • Organic waste generator requirements and document if the business is transporting the contents to a high diversion organic waste processing facility; or
      • Self-hauling requirements, including whether a business is complying through back-hauling organic waste.
  3. Edible Food Recovery:
    • Conduct inspections of Tier One commercial edible food generators and food recovery organizations and services
    • Conduct inspections of Tier Two commercial edible food generators
  4. Enforcement:
    • Investigate complaints
    • Enforce SB 1383 regulations in response to violations
    • At least every five years from the date of issuance, verify through inspection that commercial businesses are meeting de minimis and physical space waivers for compliance
    • Generate a written or electronic record for each inspection, route review, and compliance review conducted pursuant to this chapter, including at a minimum:
      • Identifying information for the subject/subjects of the inspection, route review or compliance review, such as:
        1. Name/account name
        2. Description of hauler route and addresses covered by route review
          1. Addresses where prohibited contaminants were found
        3. List of accounts reviewed for each compliance review, the date/dates the inspection/review was conducted
        4. Person/persons conducted the action
        5. Findings regarding compliance and any NOVs or educational materials issued
        6. Any relevant evidence supporting the findings such as photos or account records
    • Documents for route reviews, compliance reviews, and inspections, as well as all other enforcement, shall be maintained in the Implementation Record and shall include:
      • Copies of all documentation
      • Copies of all enforcement actions including NOVs and penalty orders
Other Helpful Links:

 

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Compliance Corner – March 2022 (2 of 3)

Are you ready for the Inspection and Recordkeeping requirements of SB 1383? Have you started the report for your jurisdiction due on April 1, 2022? And how is it different from the reports due August 1, 2022 and October 1, 2022? R3 is ready to help you get up to speed with inspections, recordkeeping, and reporting!

See below for the Jurisdiction Annual Reporting due August 1, 2022 and October 1, 2022 (and August 1 annually thereafter); see here for more information regarding the Initial Jurisdiction Compliance Report due by Friday, April 1, 2022; and see here for the Implementation Record and Inspection Requirements. Please don’t hesitate to reach out to the R3 team if you need further assistance!

March 2022 – Inspections and Recordkeeping

For this month, we’re looking at SB 1383 Inspections, Recordkeeping, and Reporting requirements, primarily focusing on three parts:

  1. Initial Jurisdiction Compliance Report
  2. Jurisdiction Annual Report (Restructured EAR)
  3. Implementation Record and Inspection Requirements

See below for some tips and guidelines that will help you through this ongoing process. Please remember to start tracking information in your Implementation Record now!

2.  Jurisdiction Annual Report (Restructured EAR)

Each jurisdiction is required to submit an annual report on August 1 annually. In 2022, each jurisdiction will also be required to submit a report on its compliance with the requirements of SB 1383 by October 1, 2022 covering information from January 1, 2022 through June 30, 2022. Then, by August 1, 2023 ,and annually thereafter on August 1, submittal of the EAR will be required. The annual reports Due on August 1 will cover the previous calendar year.

The annual report must include the following information as it relates to the implementation of the following:

  1. Organic Waste Collection
    • Type of collection services provided to generators
    • Number of generators that receive each type of service
    • If applicable, RDRS number of high diversion organic waste processing facilities
    • If applicable, facility that accepts compostable plastics
    • If applicable, facility that accepts and removes organic waste in plastic bags
  2. Contamination Monitoring
    • Number of route reviews
    • Number of times notices, violations, or targeted educational materials were issued to generators
    • Results of waste evaluations performed and number of resulting target route reviews
  3. Waivers
    • Number of days emergency circumstances waiver was in effect and type of waiver issued
    • Tons of organic waste disposed as a result of emergency waivers
    • Number of generators issued a de minimis waiver
    • Number of generators issued a physical space waiver
    • Jurisdictions that receive a waiver from CalRecycle shall report, for each year the waiver is in effect, the number of generators waived from the requirement to subscribe to organic waste collection service
  4. Education and Outreach
    • Number of organic waste generators and edible food generators that received information and the type of education and outreach used
  5. Hauler Oversight
    • Number of haulers approved to collect organic waste in the jurisdiction
    • RDRS number of each facility receiving organic waste from approved haulers in the jurisdiction
    • Number of haulers that have had their approval revoked or denied
  6. Edible Food Recovery
    • Number of commercial edible food generators within the jurisdiction
    • Number of food recover services and organizations located and operating within the jurisdiction, that contract with or have written agreements with commercial food generators
    • Total pounds of edible food recovered in the previous calendar year (services/organizations must report amount to the jurisdiction)
  7. Procurement
    • Amount of each recovered organic waste product (ROWP) procured directly by the city, county, or through direct service providers (or both) during the previous calendar year
    • If implementing procurement requirements through an adjusted ROWP procurement target, report the total amount of transportation fuel, electricity, and gas for heating applications procured during the previous calendar year
  8. CALGreen Building Standards and Model Water Efficient Landscape Ordinance
    • Number of C&D debris removal activities conducted
  9. Compliance
    • Number of commercial businesses included in a compliance review as well as the number of violations found and corrected through compliance reviews
    • Compliance with waste generator requirements and self-haul requirements, including whether a business is complying through back-hauling organic waste
  10. Monitoring
    • Number of route reviews conducted (or waste evaluations performed) annually for commercial businesses and residential generators
    • Number of inspections conducted by type for commercial edible food generators, food recovery organizations, and commercial businesses
  11. Enforcement requirements
    • Number of complaints that were received and investigated, and number of Notices of Violations (NOVs) issued based on investigation of complaints
    • Number of NOVs issued, categorized by type of entity
    • Number of penalty orders issued, categorized by type of entity
    • Number of enforcement actions resolved, categorized by type of entity

In addition, Counties shall report the following regarding implementation of organic waste recycling capacity planning and edible food recovery planning:

  1. Tons estimated to be generated for landfill disposal
  2. Amount of capacity verifiably available to the county and cities
  3. Amount of new capacity needed
  4. Locations identified for new or expanded facilities
  5. Jurisdictions that are required to submit implementation schedules
  6. Jurisdictions that did not provide information required to the county within 120 days
Helpful Links:
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Compliance Corner – March 2022 (1 of 3)

Are you ready for the Inspection and Recordkeeping requirements of SB 1383? Have you started the report for your jurisdiction due on April 1, 2022? And how is it different from the reports due August 1, 2022 and October 1, 2022? R3 is ready to help you get up to speed with inspections, recordkeeping, and reporting!

See below for more information regarding the Initial Jurisdiction Compliance Report due by Friday, April 1, 2022; see here for the Jurisdiction Annual Reporting due August 1, 2022 and October 1, 2022 (and August 1 annually thereafter); and see here for the Implementation Record and Inspection Requirements. Please don’t hesitate to reach out to the R3 team if you need further assistance!

March 2022 – Inspections and Recordkeeping

For this month, we’re looking at SB 1383 Inspections, Recordkeeping, and Reporting requirements, primarily focusing on three parts:

  1. Initial Jurisdiction Compliance Report
  2. Jurisdiction Annual Report (Restructured EAR)
  3. Implementation Record and Inspection Requirements

See below for some tips and guidelines that will help you through this ongoing process and please remember to start tracking information in your Implementation Record now!

1. Initial Jurisdiction Compliance Report

Each jurisdiction is required to submit an initial report on its compliance with the requirements of SB 1383 by April 1, 2022.

No April Fools jokes here – if you haven’t started your report yet, the best time to start is now!

CalRecycle has developed a model tool to assist in this initial reporting. Be sure to attach the initial reporting tool or alternative document with the information below and copies of your jurisdiction’s ordinances or enforceable mechanisms attached separately. Submit your report to SLCP.Organics@calrecycle.ca.gov with the subject line “Initial Jurisdiction Report”.

Initial Jurisdiction Compliance Reporting Tool

The initial report must include the following information:

  1. A copy of ordinances or other enforceable mechanisms adopted by the jurisdiction
  2. The reporting items must include:
    • The type of organic waste collection service(s) provided by the jurisdiction to its generators.
    • The total number of generators that receive each type of organic waste collection service provided by the jurisdiction.
    • If the jurisdiction is implementing an organic waste collection service that requires transport of the contents of containers to a high diversion organic waste processing facility, the jurisdiction shall identify the Recycling and Disposal Reporting System (RDRS) number of each facility that receives organic waste from the jurisdiction.
    • If the jurisdiction allows placement of compostable plastics in containers, the jurisdiction shall identify each facility that has notified the jurisdiction that it accepts and recovers that material.
    • If the jurisdiction allows organic waste to be collected in plastic bags and placed in containers with a two-container or three-container system, the jurisdiction shall identify each facility that has notified the jurisdiction that it can accept and remove plastic bags when it recovers source separated organic waste.
  3. The following contact information:
    • Jurisdiction Primary Contact Information (The person responsible for receiving communications regarding annual reporting compliance)
      • Name
      • Mailing Address
      • Phone Number
      • Email Address
    • Jurisdiction Designee Contact Information (The person responsible for receiving service of process regarding from CalRecycle for the purposes of enforcement of SB 1383)
      •  Name
      • Mailing Address
      • Phone Number
      • Email Address
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Living on Island Time!

We are quickly moving forward into 2022 – it’s already mid-March?! – and with that, comes one of the biggest changes in R3 history. Founder and former Principal, Richard Tagore-Erwin, is transitioning into his new role of Sr. Project Advisor! In this new role, he will leverage his 30+ years of solid waste industry experience and mentor the growing junior-level staff at R3.

In his well-earned free time, he will be plenty busy: adventuring through the Oahu rainforest, fixing up his and Maya’s off-the-grid family home, harvesting from their 100+ banana, papaya, avocado, guava, Surinam cherry, and citrus trees, as well as dodging the 8 different species of indoor/outdoor geckos that inhabit Hawaii.

 

From Richard, Himself

  • First and foremost – why trash?
    It all began in 1987, working in the California Legislature. Richard was a Senior Consultant to State Assemblywoman Lucy Killea, where he was instrumental in the development of many of California’s solid waste management laws, including AB 939, which established the State’s 50% diversion mandate that has guided waste management in California over the past 40 years. From there, he transitioned from the public sector to private – getting his first taste of consulting. After working two stints at consulting firms that weren’t quite the right fit, he called upon two of his colleagues and they decided it was time to create a new firm in 2002, R3 Consulting Group, Inc. Fast forward 20 successful years later, R3 has grown to a staff of 16 and has conducted hundreds of solid waste management consulting projects. Richard’s client list, alone, has amassed to 235+ municipal agencies throughout the Western United States.
  • Who/what would you consider to be your biggest influence/mentors?
    Hands down, the clients. Learning and watching from public figures/elected officials (City/County Managers, Finance Directors, Public Works Directors, City/County Inspectors) on how they maneuver through these complicated solid waste legislation requirements. “It’s an art form all in itself!”
  • What would you consider to be the biggest success of owning your own firm?
    Growing the staff, expanding as a firm. It all started as three guys in a small office on Chippendale Drive, and now? 16 people across 3 offices (Roseville, Oakland, and Davis). R3’s seasoned, professional team members have backgrounds in the public and private sectors, with expertise in engineering, resource management, environmental science, urban planning, and public outreach and communication. Our staff has dedicated their careers to the field of solid waste management and sustainability, and skillfully deliver expert industry analysis and recommendations to our clients.
  • What would you consider to be the biggest challenge of owning your own firm?
    Growing the staff, again! In this incredibly niche industry, it’s extraordinarily difficult to find – and keep – good staff. Over the past 20 years, staff levels have fluctuated, but “I’m proud of the solid core group that will carry R3 well into the future”.
  • If you could be any animal, what kind of animal would you be?
    “A bird – to be able to see the horizon and big picture, and, of course, fly around as freely as I want!”

What the People Say

“I started working with Richard as a client in 2013 when the City of El Cerrito – my employer at the time –hired R3. By 2015, I was a new Project Manager with R3, and over the past 7 years he has taught me the ins and outs of both being a consultant and being a leader of a consulting firm. Richard’s breadth and depth of knowledge in the solid waste and recycling field is wholly impressive. I’ve come to admire how much Richard cares about this firm that he started in 2002. Over those 20 years, he has built up a business practice with deep roots and rich experiences throughout California. He is well respected by cities and haulers alike, which is a direct result of his passion and commitment to achieving great outcomes.” – Garth Schultz, President 

“I’ve worked with him for 18 years and can confidently say that Richard is R3. We would not be where we are without his strategic mind and charismatic personality. He loves a good spreadsheet and somehow makes budgeting look easy and will analyze scenarios for hours, but it wasn’t all work – we had a lot of fun too. Somehow, he always talked me into a bigger and better holiday party every year. We all had a good time, sometimes too good of a time, our bar bill was always bigger than the food bill and there might have been some rumored dancing on tables but if there’s no photo it didn’t happen (right, Maya?). Richard will always be more than my boss; he will be a lifelong friend.” – Janet Barile, Vice President

“Richard has been the backbone of R3 since its inception. Without him there would be no R3 as it exists today. He is as good as anyone in the business and is the epitome of what it means to be a good consultant and serve his clients best interests. I miss our regular “chats” but look forward to helping him grow is avocado and banana business, and now that he has taken a step back, he has time to work on his penmanship.” – William Schoen, Sr. Project Director

“Richard and I worked together since I started working for R3 in 2007. Richard taught me how to write proposals and what solid waste consulting is all about. He is such a hard worker, but also willing to let loose and celebrate the big wins. I can’t thank him enough for all he has taught me!” – Carrie Baxter, Sr. Project Manager

“I joined R3 in 2017 with six years of industry experience. During my initial interview, I could instantly see Richard’s passion for and dedication to the company and the clients he served. He has a very captivating presence and an aura about him that makes you want jump in and help push a boulder up a hill. I’m grateful I was able to join R3 when I did because I have learned and grown so much over the past five years, and Richard has been a major part of that. He has been such an amazing mentor by the way he continuously challenges and pushes me to do more than I think is possible. As sad as I am to see him go, I know that he’s always just a phone call away… assuming he answers it. ;)” – Ryan Calkins, Sr. Project Manager

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Compliance Corner – February 2022

Has anyone maybe heard of Organic Materials recently?

Food Scraps vs. Food Waste vs. Edible Food?

New state law, SB 1383? Recordkeeping? Compostables?

Is your head spinning yet?!

To sum it up – Senate Bill 1383, also known as the Short-Lived Climate Pollutants Act, is the largest change to the waste and recycling industries in 30 years. Landfills are the third-largest source of methane in California, and organic materials in those landfills emit 20% of the state’s methane – a climate super pollutant 84x more potent than carbon dioxide. This new state law is looking to reduce methane emissions, encourage composting efforts, and support drought resiliency.

With the many impacts and challenges that come with SB 1383 for California jurisdictions, their communities, and their solid waste haulers and facility operators – R3 is here to help navigate these complex regulations by highlighting tips and guidelines throughout the year. Stay tuned for more information on upcoming deadlines and how to remain in compliance! 

February 2022 – Education & Outreach

For this month, we’re focusing on Education and Outreach, primarily with Annual Noticing and required Website Information.

See below for some tips and guidelines on the current requirements!

1.  Annual Noticing

All jurisdictions must provide outreach and education to all residents and businesses on an annual basis. The education and outreach requirements (detailed below) were required to be completed by 2/1/22 for this year.

You may send out information through print (via notices or bill inserts) or electronic media (via website and social media). If your City meets the requirements of Section 7295 of the Government Code, you will also need to translate your materials into the additional languages based on your population.

This is the information you should be providing annually to your community:

  • Information on the organic waste generator’s requirements to properly separate materials in appropriate containers;
  • Prevention of organic waste generation, recycling organic waste on-site, sending organic waste to community composting, etc.;
  • Information regarding the methane reduction benefits of reducing the landfill disposal of organic waste, and the methods of organic waste recovery the organic waste collection service uses;
  • Information regarding how to recover organic waste and a list of approved haulers;
  • Information related to the public health and safety and environmental impacts associated with the landfill disposal of organic waste;
  • Information regarding programs for the donation of edible food; and
  • If a jurisdiction allows generators subject to its authority to self-haul organic waste, information regarding self-hauling requirements shall be included in education and outreach material.

For Tier 1 and 2 generators, you must also include information on their edible food recovery programs. R3 recommends including this information even if you are still in the process of identifying your Tier 1 and 2 generators.

  • Information about the jurisdiction’s edible food recovery program;
  • Information about the commercial edible food generator requirement;
  • Information about food recovery organizations and food recovery services operating within the jurisdiction, and where a list of those food recovery organizations and food recovery services can be found; and
  • Information about actions that commercial edible food generators can take to prevent the creation of food waste.

2.  Website Information

Jurisdictions should keep an up-to-date webpage with SB 1383 information. R3 recommends including some or all of the information listed above on your webpage in addition to the following. Note, you can share information required in the annual noticing by linking to your webpage (via hyperlink or QR code) and be following education and outreach requirements. 

  • General SB 1383 information
  • Tool to receive anonymous complaints
  • List of food recovery organizations
    • Name and physical Contact information
    • Collection service area
    • An indication of types of food the organization can accept

Don’t forget to save a copy of your outreach for recordkeeping!

 

Helpful Links:

 

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Riverside – Solid Waste Organic Services Program Review

City of Riverside

R3 first conducted an evaluation of the City of Riverside (City)’s organics collection program, which included reviewing the City’s municipal code, franchise agreement, and commercial solid waste rates; disposal, transfer and processing options and capabilities, commercial customer practices, available food recovery program options, and waste hauler involvement in the provision of services.

As part of this project, R3 provided the City with recommended modifications and updates to the existing program in support of legislative requirements for recycling and organics diversion, including AB 341, SB 1383, and AB 1594. In addition, R3 updated the City’s AB 1826 Plan to CalRecycle, providing a memorandum summarizing the actions needed of the City and its haulers and timelines for such actions. R3 developed tools for the City to use in its AB 1826 outreach, including a tracking Excel workbook, scripts for outreach calls, and sample compliance letters to send to noncompliant businesses and multi-family properties.

R3 also provided the City with recommendations to establish commercial food waste collection service through an extension to the current commercial franchise hauling contracts via a 1-year amendment, a competitive RFP process, or by taking a hybrid approach. R3 developed these recommendations for the most effective approach to facilitate both the City’s immediate and long-term plans with the objective of maximizing efficiency, sustainability, and customer satisfaction while meeting the state’s mandatory solid waste collection laws.

Building off that assessment, R3 (with subconsultants Cascadia Consulting Group and SCS Engineers) is currently engaged by the City of Riverside to perform a strategic and economic review of their solid waste and recycling program. The overall objective of this review is to analyze long-term industry best practices and state requirements for AB 341, AB 1826, SB 1383, and AB 1594. Specific issues to be addressed during the analysis is whether to outsource or continue providing municipal street sweeping and residential services. For this engagement, R3 is conducting the following tasks:

  • Reviewing the City’s Residential Collection Operations and identify opportunities to improve performance;
  • Review the 2018 Performance Audit of the City’s Public Works Department;
  • Review the feasibility for demand-based pricing for residential services;
  • Evaluate City services and costs compared to contracted services and costs;
  • Review the City’s current Agreements for commercial and residential collection (including Amendments) and prepare recommendations to address new contractual requirements for regulatory compliance and industry best practices;
  • Review the City’s waste processing contract with Burrtec for the operation of Agua Mansa Transfer Station;
  • Review and revise the City’s current Municipal Code and diversion policies, with consideration to statewide contamination reduction requirements such as AB 341, AB 1826, SB 1383;
  • Analyze financial organic waste program data provided by waste haulers and transfer, processing and disposal facilities;
  • Establish rate structure goals for the City;
  • Conduct a Cost-of-Service analysis to determine the costs of providing service;
  • Document current financial baselines and evaluate the sufficiency of the current rate structure to meet the haulers’ expenses over the 5- and 10-year planning periods
  • Prepare revenue and expense projections for the 5- and 10-year planning periods;
  • Develop solid waste Rate Model and analyze rate-adjustment options for the 5- and 10-year planning periods; and
  • Set recommended solid waste rates for the City over a five-year time span.
  • Based on our findings from the review, we have provide the City with recommendations to minimize waste volume, optimize collection and waste transfer practices, improve cash flow, identify opportunities for increased waste recovery and energy production, and address Agreement requirements for the incorporation of long-term industry best practices and state regulations.
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