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Report regarding an ordinance amending Chapter 8.27 "Mandatory Organic Waste Disposal Reduction" of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383. (Marissa Garren, Public Works Management Analyst II)
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RECOMMENDATION
Recommendation
Staff recommends that the City Council waive first reading and introduce an ordinance amending Chapter 8.27 "Mandatory Organic Waste Disposal Reduction" of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383.
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BACKGROUND/DISCUSSION
In September 2016, Senate Bill 1383 ("SB 1383") established statewide methane emissions reduction targets to reduce emissions of short-lived climate pollutants. SB 1383 includes statewide goals to reduce the disposal of organic waste (such as food scraps, yard debris, and paper products) and to recover edible food for human consumption.
To meet the SB 1383 regulations, jurisdictions throughout the State were required to adopt an ordinance or other similarly enforceable mechanism by January 1, 2022. On November 10, 2021, the South San Francisco City Council adopted Chapter 8.27, "Mandatory Organic Waste Disposal Reduction," to Title 8 of the Municipal Code implementing SB 1383's “performance-based” requirements and mandating compliance from organic waste generators, haulers, and other entities. This approach was taken as the City’s initial steps to comply with SB 1383 requirements while the statutory compliance details were being rolled out and clarified. During this time, many SB 1383 details were being clarified before SSF Scavenger staff had a true understanding of standard versus performance-based collection service.
Since that time, the SSF Scavenger team has gained further understanding of the “standard” versus “performance based” approach options available under SB 1383. Specifically, it has become clear that the performance-based approach is challenging to implement and not advantageous to the City. While the performance-based approach may be attractive due to having fewer regulatory requirements, it would require that all residential and all commercial waste generators automatically participate in the 3 (or 3+) bin program (grey/garbage, blue/recycling, green/organics). In addition, collected waste material would need to be sent to a high diversion organic waste processing facility. Most facilities in California, including the processing facility utilized by South San Francisco Scavenger, do not qualify. To reach the organic waste diversion goal set by SB 1383 (75% by 2025), it is imperative that waste generators do their part by reducing, reusing, and correctly sorting what remains. Having the City continue efforts with outreach, and provide enforcement, as required under standard collection service, is essential. Thus, conversion from the performance-based approach to the standard approach is beneficial to the City. In particular, City staff and the SSF Scavenger team have been working with the City’s designated CalRecycle representative regarding SB 1383 implementation and the transition from performance-based to standard approach, and the State representative is supportive of this change.
With this understanding in mind, the City and SSF Scavenger Inc., Co., now seek to amend certain requirements under Chapter 8.27 to utilize the “standard” approach for SB 1383 compliance to better tailor solid waste services and operations implemented in South San Francisco for single-family, multi-family, and commercial business waste generators. In summary, these amendments will:
• Clarify terms within the ordinance such as "Designated Source Separated Organic Waste Facility" and "Self-Hauler."
• Improve focus on the adequacy of container capacity and participation in proper sorting practices. Remove specific service level requirements but maintains the need for correct waste separation and prohibits contamination. Maintains language for on-site waste management.
• Streamline requirements by focusing on subscription to waste and recycling collection services and compliance with waste separation protocols, while removing specific service level requirements and exempting Multi-Family Residential Dwellings from some container placement and labeling rules. Maintains language for on-site waste management.
• Discontinue Collection Frequency Waiver; all subscribers to the city’s three-container organic waste collection service are required to adhere to a standard weekly collection schedule for all containers-blue (recyclables), gray (landfill), and green (organics). This frequency waiver will remove the option for trash and recycling collection to occur on a less frequent basis.
Overall, these amendments will better align with the current and standard-based regulatory approach for operations, monitoring, enforcement, and reporting carried out by the City and SSF Scavenger Co., Inc., for the City of South San Francisco to achieve the 75% organic waste reduction goal by 2025.
ENVIRONMENTAL ANALYSIS
No additional environmental analysis is required for the proposed Ordinance as it is covered by a previously prepared environmental document. Specifically, this Ordinance is adopted pursuant to CalRecycle's SB 1383 Regulations. The SB 1383 Regulations were the subject of a program environmental impact report (EIR) prepared by CalRecycle, and the activities to be carried out under this Ordinance are entirely within the scope of the SB 1383 Regulations and that EIR. No mitigation measures identified in the EIR are applicable to the City's enactment of this Ordinance. Moreover, none of the conditions requiring a subsequent or supplemental EIR, as described in Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15163, have occurred. The EIR therefore adequately analyzes any potential environmental effects of the Ordinance, and no additional environmental review is required.
Separately, the Ordinance is exempt from CEQA pursuant to Section 15308, Class 8 of the CEQA Guidelines, as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment.
FISCAL IMPACT
Amending the ordinance has no fiscal impact. The City’s adopted operating budget funding is sufficient to maintain compliance with SB 1383.
RELATIONSHIP TO STRATEGIC PLAN
This ordinance amendment aligns with the City of South San Francisco's Strategic Plan by supporting the City’s environmental sustainability goals by advancing its commitment to reducing greenhouse gas emissions, promoting responsible waste management, and ensuring compliance with state regulations (Senate Bill 1383), contributing to the City's broader objectives of improving public health, protecting the environment, and promoting a sustainable community for current and future generations.
CONCLUSION
Staff recommends that the City Council waive first reading and introduce an ordinance amending Chapter 8.27 "Mandatory Organic Waste Disposal Reduction" of Title 8 of the South San Francisco Municipal Code relating to organic waste disposal and related regulations pursuant to Senate Bill 1383. This ordinance amendment ensures continued compliance with SB 1383, organic waste disposal management, and supports environmental sustainability efforts in South San Francisco.
Attachments:
1) Presentation