,

Compliance Corner – December 2022

While our efforts towards SB 1383 implementation and sustainment will carry on for the foreseeable future, we’re sad to say that our yearlong dedication to SB 1383-related blog posts is coming to an end.

We’ve covered topics ranging from Education & Outreach to Route Reviews & Enforcement, and everything in between. As we close out the year, we are giving you one last post covering information all about Hauler Programs / Management of Haulers.

Ultimately, jurisdictions are the ones responsible for the implementation and maintenance of SB 1383 requirements, however, these goals can only be achieved by working in partnership with the haulers. Franchise agreements have been, and will continue to be, drafted or amended to include SB 1383 language, including specific hauler proposed programs and measures of compliance to ensure that progress is made in the advancement and application of those programs.

Hauler Programs

Whether through sole-sourced negotiations, or through Request for Proposals (RFP) process, jurisdictions are including SB 1383 provisions in the form of a Sustainability and Compliance Plan (nomenclature may vary by agreement) and specific hauler required programs.

The hauler’s proposed plan must describe:

  1. How the hauler will provide outreach and education to residents, schools and businesses.
  2. The material that will be developed and distributed, including its format and distribution method
  3. How the hauler will maintain compliance with the State’s Mandatory Commercial and Organics Recycling mandates (SB 1383, AB 1826, AB 939, AB 341), including when and to whom letters will be sent, how compliance will be documented and reported.
  4. The hauler’s plan for waste audits, route audits, meeting cart color and labeling requirements, and site visits.

The plan also requires the hauler to document and report implementation of each of the plan’s components and other compliance data in an online waste reporting system or another format as designated by the jurisdiction.

Management of Haulers

Hauler programs are incorporated into respective franchise agreements to list specific actions that the hauler will take to assist the jurisdiction that they serve in achieving the requirements of SB 1383. You may ask yourself how jurisdictions are ensuring that haulers are applying the practices described in their proposed plans and franchise agreements.

There are several ways in which jurisdictions are ensuring that SB 1383 related hauler programs are being implemented, such as:

  1. Requirement of Staffing
    • Haulers are required to add a dedicated full-time Sustainability/Compliance Representative, whose responsibilities include conducting site visits and providing outreach and education in support of meeting Franchised and CalRecycle Diversion requirements and to meet State mandates, and all amendments and related subsequent legislation.
  2. Submission of a Sustainability and Compliance Plan
    • This plan can carry a different name, but essentially details the hauler’s plan of action to assist the jurisdiction in which it serves, in all the areas listed under the “Hauler Programs” section above.
  3. Regular Reporting
    • Jurisdictions can monitor and/or manage hauler progress through required reports that are provided monthly, quarterly, and/or annually (or some combination of the three). Some jurisdictions have begun to include a reporting line item requiring the hauler to list efforts made towards, and measured impact from, the reduction of Greenhouse Gas (GHG) emissions.
  4. Right-Sizing of Containers
    • In an attempt to further increase diversion efforts, haulers are required to proactively assist multi-family and commercial customers in the rightsizing of containers, which includes an evaluation of material generation and increase/decrease of container size and/or frequency of collection.
  5. Administrative Charges
    • If a hauler fails to perform to the agreed upon standards of the franchise agreement in which it operates, jurisdictions have the ability to assess administrative charges to force correction of an identified issue
/by
,

Compliance Corner – November 2022

Enforcement

For November, we’re focusing on SB 1383 enforcement requirements. Although not the most popular topic, enforcement is imperative to accomplishing California’s climate and organic waste diversion goals by the year 2025!

A jurisdiction’s role in SB 1383 compliance monitoring, inspections and enforcement will include approving and issuing waivers to organic waste generators and accepting and investigating written complaints about non-compliance. Beginning in 2024, enforcement will include issuing a Notice of Violation and may progress to issuing administrative citation for repetitive offenses. Jurisdictions may designate provision of Notices of Violation to haulers, but the City must administer the associated penalties.

Managing the Enforcement of SB 1383 Requirements

  • Develop a contamination monitoring and inspection protocol.
  • Many collection haulers have developed contamination tags to be used as an educational tool for generators when contamination has been identified.
  • Follow-up outreach and education and/or Notices of Violation in response to observed violations.
  • Beginning in 2024, it will be beneficial to collect supporting documentation to assess administrative citations as necessary.

CalRecycle Enforcement

CalRecycle released an SB 1383 Compliance Process Guidance document to outline their escalating enforcement process for when jurisdictions are non-compliant. CalRecycle will conduct compliance reviews to identify violations. When CalRecycle identifies a compliance gap during a compliance review they may choose to address the issue informally or issue a Notice of Violation to the jurisdiction, which triggers the following enforcement process.

  • Notice of Violation (NOV): If a jurisdiction is found to be violating one or more requirements, CalRecycle may issue the Notice of Violation with a timeline of between 90 and 180 days to correct the violation.
  • Corrective Action Plan (CAP): When violations are caused by extenuating circumstances, such as natural disasters, delays in obtaining permits, or delayed recycling of organic waste, and the jurisdiction has made substantial efforts towards compliance; a Corrective Action Plan can be placed allowing up to 24 months to comply with an extension of 12 months.
    • Substantial effort is where a Jurisdiction has done everything within its authority and ability to comply. Does not include circumstances where a decision-making body of a jurisdiction has not taken the necessary steps to comply with the chapter, including, but not limited to:
      • Failure to provide adequate staff resources to meet its obligations, or
      • Failure to provide sufficient funding to meet its obligations, or
      • Failure to adopt the ordinance(s) or similarly enforceable mechanisms.

 

Helpful Links

/by
, ,

RecycleMore – Planning Assistance in Response to SB 1383 Organic Waste Reduction Mandates

SB 1383

R3 is currently leading a team consisting of SCS Engineers, Abbe & Associates, DKC Consulting, and Cascadia Consulting Group to provide initial planning support for RecycleMore and its Member Agencies in implementing Senate Bill (SB) 1383.

Project tasks include the following:

  • Analyze current RecycleMore organics collection programs for all sectors, including processing, and determine adequacy to support compliance with SB 1383 requirements; and
  • Provide an estimate of additional collection and/or processing capacity needed to achieve the SB 1383 requirements;
  • Analyze existing RecycleMore program compliance requirements and new compliance requirements under SB 1383, consider the listed activities under all state mandates; and
  • Provide recommendations for the most effective implementation of required activities, which include:
    • Education and Outreach;
    • Inspection and Enforcement, including the assessment of penalties and contamination monitoring;
    • Edible Food Recovery Programs;
    • Regulation of Self-Haul Sector;
    • Purchasing Policy Changes;
    • Municipal Code Updates; and
    • Container Color and Labeling Requirements.
  • Provide a recommendation and description for accurate record keeping and monitoring of recommended RecycleMore activities to determine their performance effectiveness and contribution to organics reduction.

Anticipated project benefits are enhanced compliance with SB 1383, as well as improved coordination on legislative compliance between RecycleMore and its Member Agencies.

/by
, ,

Carlsbad – Sustainable Materials Management Plan

Carlsbad - Sustainable Materials Management Plan

R3, with subconsultant Cascadia Consulting Group,  was engaged by the City of Carlsbad (City) to develop a Sustainable Materials Management Plan (SMMP). The purpose of the SMMP was to identify specific policies and ordinances, programs and services, service provider contractual requirements, and facility capacity that Carlsbad should pursue to achieve its sustainable materials management objectives. The SMMP was organized into the following three phases:

  • Phase 1) Ensure compliance with all state solid waste regulations currently in effect.
  • Phase 2) Achieve regulatory compliance with all SB 1383 regulations.
  • Phase 3) Establish sustainable materials management systems throughout Carlsbad.

Implementation of Carlsbad’s SMMP and the completion of Phase 3 will result in the following:

  1. Sustainable materials management systems in all city government departments;
  2. Sustainable materials management systems throughout Carlsbad’s residential and commercial sectors, and public areas and venues; and
  3. Establishing the city as a leader in sustainable materials management.

The SMMP’s “actions” for each of the 3 Phases are presented in the context of the following three elements of sustainable materials management systems (life-cycle phases), with the major types of actions associated with each element noted:

  1. Upstream Design and Production – Designing and producing sustainable materials and products that have high post-consumer recycled content and contain no or minimal raw (virgin) materials, have no or limited packaging, are non-toxic, and are readily recyclable.
    • Major related actions include: Sustainable Procurement, Material Bans (Product Bans) | Disposal Bans, and Product Stewardship | Take Back Ordinances.
  2. Consumption and Use – Consuming and using sustainably produced materials and products in a manner that is consistent with the hierarchy of waste reduction, reuse, and recycling.
    • Major related actions include: Waste Prevention | Source Reduction, Material Reuse, and Sustainable Materials Market Development and Support
  3. End-of-Life Management – Maximizing diversion of materials and the production of post-consumer recycled content feedstock for upstream design and production of sustainable materials (i.e., closing the loop).
    • Major related actions include: Diversion Programs and Regional Advocacy and Support.

In support of city’s the end-of-life management objectives, it will need to negotiate changes to its existing collection contract and Palomar Transfer Station (PTS) operating contract, and/or draft new agreements and conduct competitive procurement processes for collection and transfer station services when the current contract terms expire. The City will also need to establish policies, enact or amend ordinances, and provide other support activities as deemed appropriate in support of its sustainable materials management objectives.

The SMMP has been well received by the City and its elected officials. The City’s planned next steps are the development and execution of a detailed Implementation Plan.

/by
, ,

Yolo Food Bank – Capacity Expansion Support & SB 1383 Compliance

Yolo Food Bank

R3 is providing the Yolo Food Bank with assistance to support the Yolo Food Bank’s efforts to expand its capacity by 50% and assist in the development and execution of a Distribution and Sourcing Plan to secure and distribute an additional 2+ million pounds of healthy food annually.

R3’s primary tasks for this engagement are as follows:

  • Initial evaluation of the Yolo Food Bank’s programs and services, current sources of food, and its Partner Agencies’ operations, capacities and other available relevant data;
  • Operational Review of the Yolo Food Bank:
    • Assessing key aspects of Yolo Food Bank’s operations; and
    • Determining if, and under what conditions, additional capacity could be increased to more than the planned 50% capacity increase if necessary;
  • Food Sourcing Assessment:
    • Assessing the Yolo Food Bank’s current sources for food;
    • Projecting the amount of additional pre-consumer edible food in Yolo County that is currently disposed from farms, manufacturing/wholesale sources, and consumer-facing businesses;
    • Projecting the total available SB 1383 Tier 1 and Tier 2 edible food, and percent of that total currently captured;
    • Developing a Sourcing Plan to secure 2 million additional pounds of food annually.
  • Partner Agency Capacity Assessment & Distribution System Assessment:
    • Assessing the capacity that exists within the Partner Agency network based on existing staffing and resources (number of additional meals per day that can be distributed if available); and
    • Assessing and documenting the geographic need within Yolo County and for each willing Partner Agency.

R3 is also assisting the Yolo Food Bank in maintaining compliance with the requirements of SB 1383 related to Edible Food Recovery Services and Organizations, as well as SB 1383 reporting requirements placed in edible food generators.

/by
, , , , ,

Santa Clara – Audits of Franchise Fee Payments and Legislative Compliance

R3 was selected by the City of Santa Clara (City) in 2017 via a competitive procurement process to conduct an audit of the City’s 10 Non-Exclusive Franchised (NEF) haulers. The NEF haulers provide garbage, recycling, organics, and construction and demolition (C&D) debris collection services within the industrial-zoned areas of the City.

The objectives of this original engagement were to review the period of July 2016 to June 2017 and verify the following:

  1. The accuracy of the haulers’ quarterly reports;
  2. The accuracy of the haulers’ franchise fee payments; and
  3. The haulers’ compliance with the requirement not to provide garbage service to commercial customers that generate 4+ cubic yards per week and are in violation of the City’s mandatory recycling and organics requirements.

R3’s review identified significant underpayments of franchise fees by the haulers, ultimately amounting in a net total of $102,000 owed to the City. R3 communicated the results of the recalculations to the NEF haulers, and all agreed to the mathematical accuracy of franchise fee amounts owed to/from the City.

R3 also provided the City with the following:

  • Identification of haulers that were non-compliant with the commercial recycling and organics subscription reporting requirements specified by their Agreements;
  • Consolidated list of customer listings from each hauler, with updated status of customers’ commercial recycling and organics compliance or exemption status; and
  • Revisions to the NEF Hauler Agreements to include the following:
    • Simplification of the tiered franchise fee calculation by switching to a flat franchise fee on all gross billings;
    • Promotion of diversion through alternative mechanisms, including:
      • Universal bundled services for garbage, recycling, and organics; and
      • Specifications involving minimum diversion rates for facilities that process collected materials;
    • Clarification of the language pertinent to gross billings; and
    • Incorporation of language to facilitate compliance with state legislative requirements.

As a result of the initial audit, R3 was retained by the City to conduct two more NEF hauler audit cycles, as well as to support the implementation of our recommendation to revise the NEF Agreements to facilitate future compliance with state legislation. Our most recent audit for the period of July 2017-2018 identified an additional net total of more than $160,500 in underpayments owed to the City. R3 will conduct the next audit for the City between July 2019 and December 2021.

/by
, , ,

Citrus Heights – Organics Compliance Program

Citrus Heights - Organics Program

The City of Citrus Heights (City), as well as the Sacramento region, is facing challenges with the recycling of organic waste due to limited capacity at existing facilities, lack of infrastructure, and no long-term solutions. R3 is working with the City to build upon the current structure of the City’s solid waste initiatives to establish new mechanisms for implementation of a more resilient solid waste program.

Our team is assisting the City in with strategic planning for implementation of upcoming state laws, including preparation and aid in addressing challenges and providing guidance during the development of the SB 1383 planning process.

Our scope of work includes:

  • Providing the City with recommended contract negotiations with the haulers to ensure that needed services (weekly organics collection, mandatory universal commercial organics collection, Edible Food Recovery Program, etc.) are incorporated into the collection agreements via amendment(s);
  • Providing additional support for AB 341, AB 1826, SB 1383, and other applicable state laws which require City attention in order to enable the City to implement more successful compliance strategies through a establishing a stronger strategic plan;
  • Conducting community stakeholder meetings and presenting updates to elected officials on legislative requirements; and
  • Updating the City’s municipal code, amending the franchise agreement, and conducting rate adjustments.

We anticipate providing the following benefits to the City at project completion:

  • The facilitation of adjustments to existing reporting pathways;
  • Development of a streamlined strategic plan(s) for full implementation of SB 1383 by January 1, 2022;
  • Development and negotiation assistance for amendments to Municipal Code and existing residential and commercial contracts; and
  • Coordinated County wide facilitation and strategy planning for SB 1383 and overall state compliance.
/by
, , , ,

Rancho Cordova – Legislative Compliance & Solid Waste Support

Rancho Cordova

R3 has provided various on-call solid waste consulting services for the City of Rancho Cordova (City) since 2004, including comprehensive assistance in implementing AB 341, AB 1826, and SB 1383 programs. R3 is currently serving as City solid waste support staff.

R3’s specific tasks include:

  • Creating an overall branded look for the City, which included analyzing, providing recommendations, and assisting with the development of education and outreach material (letters to covered generators, brochures, updated website language, social media posts, customer guides, etc.) for AB 341, AB 1826, AB 827, and SB 1383 compliance, among other applicable state law;
  • Revising the City’s non-exclusive commercial Franchise Agreements (Agreements) and City’s Municipal Code to incorporate AB, 341, 1826, and SB 1383 requirements (provision of services, tonnage and covered generator tracking, delivery of recyclable materials and organic waste to certified facilities, education and outreach, multifamily bulky waste collection, annual planning and reporting, inspection, monitoring, etc.);
  • Revising waste hauler reporting forms to include local and state regulatory requirements;
  • Developing mechanisms for hauler tracking and monitoring;
  • Identifying covered generators and top waste food waste generators for AB 1826 and SB 1383 compliance;
  • Monitoring covered generator compliance;
  • Meeting with the City’s food recovery organizations to discuss opportunities for collaboration regarding the Edible Food Recovery Requirement in SB 1383;
  • Verifying the receipt of quarterly covered generator compliance reports and the required notification and outreach to non-compliant businesses;
  • Assisting in evaluating and reviewing annual rate increases;
  • Assisting in contract negotiations and amendments for applicable state law;
  • Assisting with annual State reporting and grant submissions;
  • Assisting the City and its haulers with the development of the required organic recycling service component;
  • Overseeing the contractual requirements and fee payments of its residential franchised hauler, Republic Services (Republic), and 10 non-exclusive franchised haulers; and
  • Providing the City with recommendations to further maintain good-standing with CalRecycle, including organizing and managing correspondence with CalRecycle, and developing associated public education and outreach.

As a result of our assistance, the City gained the following benefits:

  • City compliance with state regulations by adding waste hauler requirements to Agreements and Ordinance;
  • More efficient waste hauler tracking protocols;
  • Annual EAR reporting and grant submissions for funding mechanisms;
  • Capacity planning and edible food recovery protocols; and
  • Up-to-date Ordinances to reflect local and state regulatory requirements.
/by
, , ,

Alameda – Food Recovery Strategic Planning Assistance

Food Recovery

R3, with the assistance of Debra Kaufman Consulting, is currently engaged by the Alameda County Community Food Bank (ACCFB) to assist with the development of a Strategic Plan for its Food Recovery Program (FRP). The R3 Team’s objective is to develop a Strategic Plan to guide the FRP’s efforts over the next 3 to 4 years with a particular focus on SB 1383, and set appropriate performance targets for the program. We are performing the following main tasks for this engagement:

  • Driving the strategic planning process;
  • Facilitating and managing the project timeline and keep the project on track to its completion in collaboration with FRP Team members;
  • Setting timeline goals for meetings;
  • Establishing milestones and deliverables throughout the planning process, including engaging other stakeholders as agreed to with the FRP Team;
  • Assisting in initiating a coordinated effort between the FRP and ACCFB and the Alameda County Waste Management Authority (ACWMA) and its Member Agencies;
  • Preparing an Initial Draft of the Strategic Plan; and
  • Revising and Finalizing the Final FRP Strategic Plan.

The Strategic Plan being developed will be focused on infrastructure, staffing structure, logistics, and projected growth. It is being designed to help the FRP effectively support:

  • Increasing the number of meals that the ACCFB and its partner agencies distribute; and
  • Improving the quality and desirability of those meals to ACCFB’s consumers.

As part of this project, the R3 Team is also working with the Alameda County Waste Management Authority (ACWMA) and its Member Agencies to assist in implementing a coordinated Countywide SB 1383 food recovery effort.

Significant issues impacting the FRP and ACCFB that the R3 Team is considering as part of the strategic planning process include:

  • Transportation and Logistics: The main challenge is to develop the logistics and providing sustainable funding for the necessary food collection and distribution system that also addresses the volatility in the availability and need for food on any given day;
  • Smaller Quantities = Increased Unit Costs: As larger donors are secured, securing food from smaller quantity generators will become more prevalent, with reduced economies of scale and higher per pound food recovery costs;
  • Public Education and Outreach: There is a constant need to reeducate donors due to high rates of employee turnover at the businesses donating food;
  • Storage Space and limited Additional Facility Capacity: The need for increased facility capacity for the ACCFB and its partner agencies, as well as increased refrigerated and non-refrigerated storage, must be addressed;
  • Students and Homeless: Homelessness within the ACCFB’s service area has increased 30-40% in the past 2 years, and in Oakland 75% of students qualify for free or reduced-price lunches; and
  • Patchwork System: There is an opportunity to replace the current patchwork food recovery system with a more efficient, effective and coordinated, Countywide SB 1383 food recovery effort.
/by
, , , ,

Merced – Solid Waste Rate Study & 5-Year Financial Plan

City of Merced

R3 was recently engaged by the City of Merced (City) to assist with the preparation of an amended solid waste and revenue Rate Study and 5-Year Financial Plan to meet the projected future expenses and obligations for municipally-operated hauling division over the coming five years. This study served as an amendment to the rate model R3 developed for the City in 2014, providing calculated rate adjustments following the City’s recently adjusted January 2019 rates and five scenarios with recommended rate adjustments to set forthcoming rates through January 2023.

Project tasks R3 conducted for this engagement included the following:

  • Reviewing the City’s current utility policies, procedures, and regulatory requirements as they relate to the City’s solid waste collection operations, capital projects, revenue program requirements;
  • Updating R3’s previous Rate Model and determining whether additional revenues were needed to meet projected expenses costs associated with residential, commercial, and/or development growth, and the possible expansion of collection programs, including commercial recycling and organics services;
  • Developing alternative scenarios for adjusting rates to meet expense and revenue requirements over the planning period, and providing recommended rate adjustments for each scenario;
  • Reviewing the City’s Municipal Code as related to the collection of solid waste and recyclables within the City; and
  • Conducting a residential and commercial rate and service survey to establish benchmarks and analysis of how similar jurisdictions are setting rates and allocating services and expenses based on Proposition 218.

As a result of our work, the City gained the following benefits:

  • Ability to project capital and operational revenues and expenses on a cost-of-service basis over an extended planning period, and analyze and set appropriate rates;
  • Excel-based five-year Financial Plan and rate model; and
  • Assessment of expenses related to implementation of new programmatic requirements in response to new legislation including AB 341, AB 1826 and SB 1383, as well as the requirements of Proposition 218.
/by