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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />ORDINANCE NO. 0-05-18 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND <br />MUNICIPAL CODE SECTION 6.16, TO ADDRESS MANDATORY RECYCLING <br />REQUIREMENTS (AB341) FOR MULTIFAMILY AND COMMERCIAL BUSINESS <br />RECYCLING <br />WHEREAS, Assembly Bill 341 (AB 341) - Chesbro, which was passed in 2011, requires <br />all businesses generating 4 cubic yards per week of solid waste and all multi -family residential <br />dwellings of 5 or more to arrange for recycling services by July 1, 2012. AB 341 also sets a <br />statewide policy goal of diverting at least 75% of generated solid waste from landfill by the year <br />2020; and, <br />WHEREAS, On October 13, 2017, the City of Colton received a 30 -Day Notice of Intent <br />to Issue the City of Colton a Compliance Order for Failure to Adequately Implement California's <br />Recycling of Commercial Solid Waste, referred to as the Mandatory Commercial Recycling <br />(MCR) law; and, <br />WHEREAS, CalRecyle staff conducted a 2012-2015 Jurisdiction Review of the City of <br />Colton's implementation and compliance with California's Recycling of Commercial Solid Waste <br />law, referred to as Mandatory Commercial Recycling (MCR) (Public Resources Code (PRC) <br />section were in 42649-42649.7 and California Code of Regulations (CCR) sections 18835-18839 <br />based upon CalRecycle staff review it was concluded that the City was failing to comply with the <br />requirements of MCR law. The following deficiencies were found: <br />• Failure to implement a commercial solid waste recycling program that was designed to divert <br />commercial solid waste from businesses within the City of Colton which are subject to PRC <br />section 42649.2 and CCR section 18837. <br />• Failure to provide documentation supporting the efforts it has taken to notify businesses and multi- <br />family complexes of noncompliance with MCR law (PRC section 42649.3 (g) and CCR section <br />18838 (h.)) <br />• The City's Annual Reports for the review period failed to fully document the City's progress in <br />implementing the requirements of the MCR law (PRC section 42649.3 (g) and CCR section 18838 <br />(h.). (The City contractually had the Annual Report filed by the waste hauler); and, <br />WHEREAS, City representatives attended the public hearing on November 16, 2017 at <br />the Joe Serria Jr., Cal/EPA Building in Sacramento to present the City's program implementation <br />efforts, diversion rate achievement, and continued efforts to meet the States MCR requirements. <br />On December 20, 2017 The City provided documentation showing an increased participation <br />rates being 77.2% for commercial businesses and 58.6% for multi -family complexes; and, <br />WHEREAS, Upon the conclusion of the hearing Mr. Mark de Bie, the presiding officer, <br />requested a complete evaluation of the information provided. As part of the evaluation <br />CalRecycle had their Department staff came back out to Colton to evaluate the evidence provided <br />at the November 16, 2017 hearing; and, <br />WHEREAS, If the City's evaluation did not meet the expectation of CalRecycle and a <br />Compliance Order was issued, the City would be directed to develop a Local Implementation <br />Plan (LIP). The LIP would identify a strategy for program enhancement and local actions <br />necessary to enable the City to meet the requirements of the MCR law. Failure to meet the <br />requirements of the Compliance Order could result in civil penalties of up to $10,000 per day; <br />and, <br />WHEREAS, CalRecycle's staff written conclusion to Mr, de Bic was that the City <br />provided documentation showing that recent MCR program implementation efforts have <br />23152.06000\30578143.3 <br />