HomeMy WebLinkAboutIntegrated Waste Management Act Presentation California Integrated Waste Management Act of
1989 (AB 939) & current status of solid waste
regulatory and programmatic requirements.
Presented by Public Works
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Background
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Assembly Bill (AB) 939 — enacted 1989
• Requires divert 25% of solid waste from landfills by Jan 1, 2002 and divert at least
50% on or after Jan 1, 2004 through source reduction
AB 341 — enacted 2011
• State mandate goal of diverting 75% of solid waste from landfills by the year 2020.
• Mandatory Commercial Recycling (MCR) - Requires commercial solid waste
generator, including Multi-Family dwellings (MFD's) of five or more units, who
generate 4 cubic yards or more of solid waste shall arrange for recycling service.
AB 1826 — enacted 2014
• Mandatory Organics Recycling (MORe)- Requires qualifying businesses and multi-
family properties with 5 or more dwelling units to divert organics;
• programs to be phased in beginning April 1, 2016.
• For businesses, organics include food waste.
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Program •
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• Exclusive Franchise Agreement
• Municipal Code Update
• Public Outreach and Participation
• Waste Assessments with voluntary participation
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Franchise
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• Awarded to Burrtec Industries — April 1, 2016
• Requires implementation of programs related to AB 939,
AB 341 & AB 1826
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Municipal •
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• The City adopted MCR as part of the Municipal Code on Nov
10, 2016.
• SBMC 8.24.090, Mandatory Commercial & Multi-Family
Recycling and Organics Recycling, specifically states,
"Each commercial generator shall be responsible for ensuring
and demonstrating its compliance."
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o Education and Outreach
Burrtec Program Components - Ongoing
• Personalized Customer Service interact with MCR
customers in person and via phone to inform/educate
• Routine billing statement messages
• Annual MCR Notices of Non-Compliance
• Community workshops and groups such as leadership
classes and the Chamber of
• Dedicated webpage for all MCR related services
• Bi-annual Burrtec newsletters regarding MCR
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Waste Assessments
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On site review of each MCR customer Solid Waste profile
• Frequency of service.
• Type/size of containers.
• Identify amount of waste generated .
• Identify types of waste generated .
• Type of recyclables generated .
• Current diversion rate based on containers utilized,
frequency of pick up and estimated weight.
• Recommend MCR service level
-� . _ Current Im lementation Data
Year Total MCR Qualifying Waste % Accounts with % accounts
Accounts Assessments Assessments Recycling with
Complete Recycling
20161838 281 15% 386 21%
20171919 506 4. : 4 •.
2018 90 : • 00•. .4 4•.
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Compliance Action
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• January 23, 2019 - 30-Day Notice of Intent to Issue a Compliance Order for Failure
to adequately implement MCR.
• Finding - The City failed to make a "good faith effort."
• February 25, 2019 - Public Hearing —
Consider the Issuance of Compliance Order 019-001 for the City of San Bernardino
Regarding the Jurisdiction's Compliance with the Mandatory Commercial Recycling
(MCR) Low ...'
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Enforcement Action Options for Increasing Compliance
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Following are three potential actions for the Council to consider for the 2019 and
beyond program efforts:
1. Immediately implement mandatory MCR with existing Municipal Code
and rate structure.
2. Mandatory Assessment and Service Subscription
3. Establish new incentive based rate structure and revise Municipal
Code.
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Recommendation
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Staff recommends a two part action plan
1. Immediately implement mandatory MCR with existing
Municipal Code and rate structure.
2. Establish new incentive based rate structure and revise
Municipal Code.
Authorize staff to present action plan at Department of
Resource Recycling and Recovery's Public Hearing
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