Loading...
HomeMy WebLinkAbout01 FEDERAL DISPOSAL 03-17-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: MARCH 17, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT FEDERAL DISPOSAL SERVICE CONTRACT PERFORMANCE REVIEW SUMMARY The City's Solid Waste Franchise Agreement with Federal Disposal Service provides for the City to hold a public hearing on or about the two year anniversary of contract commencement and annually thereafter to review the performance of the contractor. Staff finds that Federal Disposal is demonstrating a good faith effort towards meeting their contractual obligations and providing services with adequate quality, effectiveness, and economy. RECOMMENDATION Staff recommends that the City Council find that Federal Disposal Service is meeting their contractual obligations under the "Franchise Agreement between the City of Tustin and Shubin Services, Inc., dba Federal Disposal Service for Integrated Waste Management Services" and is providing the required services with adequate quality, effectiveness, and economy. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND City Code requires that the City franchise for City solid waste services be competitively bid in accordance with the California Public Contracts Code. The City Council awarded the integrated solid waste management services contract to the lowest responsible bidder, Federal Disposal Service, Inc, on May 1, 2000 in conformance with City Code. The franchise agreement took effect on October 1, 2000 and required the implementation of several new programs in Tustin. These programs included: Single family automated collection utilizing a three cart system. Five day a week residential collection Commercial recyclables source separation and collection, customers, at no additional charge. 50% diversion of the City's total waste stream. if desired by Article 7 of the Integrated Solid Waste Management Services Franchise Agreement (attached as Exhibit A) between the City and Federal Disposal Service (FDS) provides for the City to conduct a formal review of contract performance on or about the two year anniversary and annually thereafter. The purpose of the hearing is to provide for a discussion and review of technological, economic, and regulatory changes in waste collection, source reduction, recycling, processing and disposal to achieve contractual and regulatory compliance and to ensure services are being provided with adequate quality, effectiveness and economy. DISCUSSION In conformance with the franchise agreement, Federal Disposal submitted a report to the City which details their compliance with the franchise requirements. The summary report is attached as Exhibit B. The report covers all significant performance standards within the following categories: 1. Collections 2. Green Waste 3. Recycling Services 4. Public Education 5. Diversion Requirements 6. General 7. Vehicles 8. Containers 9. Personnel 10. Customer Service 11. Record Keeping and Billing 12. Indemnification, Insurance and Bonds Also included with the submittal are several recommended service initiatives. Staff has reviewed the report as prepared by Federal Disposal Service and concurs with the findings. In particular, staff recognizes Federal Disposal Services for its excellent efforts to initiate collection services in the first two years of the contract. Relatively few customer complaints have been received during the subject period. This is a significant achievement considering the scope of the service changes involving the implementation of the three-cart system. Federal Disposal has implemented the following residential and commercial collection programs as identified in the Franchise Agreement: Residential Programs Commercial Programs Automated Cart-Refuse Automated Cart-Recycling Automated Cart- Yard Waste On-Call Bulky Waste Pickup Special pickup service Christmas Tree Recycling Automated Cart Service Bin Service Multi-Family Recycling Commercial Recycling Yard Waste Collection Mixed Waste Processing While staff has been pleased with Federal Disposal's contract implementation and collection services, staff remains concerned with the Iow commercial diversion rates and the possible need for additional commercial diversion programs. During the first two full years of the contract Federal Disposal has provided the following collection and disposal information: Year and Type of Waste 2001 Residential Commercial & Multi Family Other 2001 Total 2OO2 Residential Commercial & Multi Family Other 2002 Total Two year totals Residential Commercial & Multi Family Other Two year total Waste Hauler Waste Collected Diverted By Diversion By Hauler Hauler Rate 19,500 7,074 36.3% 43,340 4,004 9.2% 16,858 5,275 31.3% 79,698 16,353 20.5% 20,648 9,838 47.6% 42,342 5,255 12.4% 13,712 3,770 27.5% 76,702 18,863 24.6% 40,148 16,912 42.1% 85,682 9,259 10.8% 30,570 9,045 29.6% 156,400 35,216 22.5% Given that approximately 75% of the waste collected in the City is from commercial and multi family customers and other sources, the relatively Iow diversion rate in the these sectors remain an area of concern. Programs implemented by Federal Disposal have not resulted in significant increases over the past two years. Pursuant to the franchise agreement, staff has directed Federal Disposal to process commercial waste through Material Recovery and Waste to Energy Facilities. SB-1066 time extension In anticipation of the need for additional time to implement waste diversion programs and to protect the City from CIWMB compliance orders, staff applied for a time extension request in the summer of 2001. A time extension is allowed pursuant to SB 1066. This law allows a jurisdiction to apply for additional time (up to 5 years) to comply with state diversion requirements until January 2006. In November of 2002, the CIWMB approved an extension (see Exhibit C) of the deadline to comply with the AB-939 50% diversion requirement. That extension is effective from the date of approval and expires on December 31, 2003. The approved extension only counts fourteen months against the five year limit. When the extension was approved, the CIWMB also approved a plan of correction which identified certain program improvements that the CIWMB has directed the City to achieve by the end of the extension period. The application and plan of correction is attached as Exhibit C. Among the notable improvements required of the City by the CIWMB are significant increases in commercial and residential waste diversion, the adoption of a construction and demolition ordinance and increased diversion to a waste to energy facility. The plan of correction is predicated on the City's year 2000 diversion rate of 35% does not take into consideration the effectiveness of programs by the Federal Disposal Service in 2001. A notable exclusion in the SB-1066 plan of correction is any consideration of a diversion study. The CIWMB does not consider a diversion study to be a program improvement and would not factor it into the approved plan of correction. Waste Diversion Study To refine the annual diversion calculation, and to more accurately assess compliance with AB-939, Federal Disposal Service submitted to the City in mid 2002 a waste diversion study based on data they had collected in 2001. A waste diversion study identifies the total amount of waste "generated" in a jurisdiction by identifying collected and landfilled waste, self-haul waste and other waste diverted from landfills by commercial customers. This type of waste diversion is known as source reduction. Source reduction is waste that otherwise would have ended up in a landfill were it not for the efforts and practices of a business to reduce waste production and to recycle the materials through a third party (other than the City's hauler). Source reduction and self haul (by businesses or individuals) to local and regional landfills represents a significant proportion of the waste "generated" in the City. Waste diversion as measured by the state differs significantly from a measurement of hauler performance. The table on the previous page identifies the diversion rate achieved by the hauler by comparing the amount of waste collected by the hauler and the amounts of waste recycled and disposed in landfills by the hauler. In contrast, the state's measurement method the combines amounts of waste handled by the hauler, source reduction waste and self hauler waste and compare that total to the total amount of waste placed in all landfills and from all sources. Therefore, the waste generation and landfill disposal numbers in the table below are significantly higher than the amounts of waste collected and disposed by the hauler. The table below illustrates the City's AB 939 annual report history: Year 1990 1995 1996 1997 1998' 1999 2000 2001'* Waste generation 85,101 94,588 98,175 105,153 150,153 112,200 116,441 143,640 Waste Collected by74,507 67,171 67,212 71,182 74,711 76,498 77,353 79,700 Franchise hauler Waste to Landfills 80,372 78,569 73,809 80,444 81,506 67,582 76,184 78,158 CIWMB Diversion N/A 17% 25% 25% 46% 40% 35% 46% rate Note: * 1998 Waste Management Diversion Study · * 2001 Federal Disposal Service Diversion Study The 46% diversion rate identified by FDS in the 2001 diversion study does not comply with franchise requirements nor does it demonstrate City compliance with the State's 50% diversion requirement. Nevertheless, staff believes that this diversion rate combined with the implemented programs demonstrate a contractual good faith effort by the hauler and a good faith effort by the City in implementing the City's Source Reduction and Recycling Element (SRRE) of the General Plan and achieving diversion goals. As documented in the SRRE, Tustin's base year is 1990 and the waste generation tonnage in that year was 85,101 tons. Each year, in an annual report to the CIWMB, this number is adjusted upward through the CIWMB's adjustment calculation. This adjustment gives weighted consideration to City population growth, increases in taxable sales, County-wide employment, and the consumer price index. The result is an increase in the base year number. In 1995 the adjusted base year figure had risen to 94,588 tons. By the year 2000, the adjusted base year tonnage was 116,441 While the law and franchise agreement language requiring diversion of 50% of waste is fairly straightforward in its pronounced goal of achieving diversion of waste from landfills, the systems used to measure goal attainment have generated considerable debate state wide. The basic diversion measurement formula is: Tons of waste "generated" annually within a jurisdiction X 50% -- Tons of waste permitted to be disposed in landfills annually In practice, diversion measurement and compliance with AB 939 is not as straightforward. A key issue in contention statewide is the heavy emphasis on this mathematical computation that is less than exact in its practical application, especially in the identification of generated waste and diverted waste. In 1998, the City submitted a waste generation study to the CIWMB that was based on a survey of one hundred commercial customers. The data was "extrapolated" to apply to the entire City. The result was a dramatically inflated waste generation number (150,153 tons). The study enabled the City to bypasss the normal CIWMB adjustment formula in the City's 1998 annual report to the CIWMB and claim a dramatically higher diversion rate than for 1997. According to Waste Management, Inc., this study was to be the first step in a three-year process to perform a comprehensive diversion study while establishing 1998 as the new base year. This study was prepared by Waste Management in an effort to obtain a contract extension and to relieve them of the responsibility to implement new waste diversion programs, with the exception of a yard waste collection program. As the City Code requires the solid waste contract to be publicly bid every seven years, the City did not extend the franchise agreement. Subsequently, Waste Management did not complete the final two years of the study and the City reverted to the CIWMB's default diversion calculation methods. The CIWMB subsequently discontinued acceptance of the extrapolation methodology utilized by Waste Management in its waste generation study. The CIWMB's perception is that some jurisdictions have, in the past, used a diversion study to manipulate the diversion calculation to overly inflate waste generation and diversion in order to avoid implementing programs. A higher generation number makes the waste collected and processed by a hauler to appear less significant in the overall diversion calculation. In contrast with the 1998 diversion study, FDS surveyed all commercial customers in the City and reviewed landfill records and its own collection data to determine the amount of waste generated in the City while utilizing recent guidelines developed and approved by the CIWMB. The FDS study identified a City diversion rate of 46% in 2001. The study was approved by City staff and was submitted to the CIWMB in January, 2003 along with the City's 2001 annual report with a request to consider an adjustment of the City's base year to 2001 and increase the base year tonnage from 85,101 in 1989 to 143,639. The CIWMB will likely consider the diversion study this summer. The 2002 report will be prepared and submitted this summer after the 2001 diversion study is approved. The attached press release (Exhibit D) from the CIWMB contains information regarding statewide diversion information for 2002 The CIWMB is in the process of considering alternative methods to measure disposal and diversion and evaluate jurisdictions performance while reinforcing their current view that reliance on the measurement process should be lessened and local agencies should focus on implementing more effective divemion program~. While the City's diversion study is being considered by the CIWMB, Federal Disposal is requesting that consideration be given to requiring office uses to participate in an office paper collection program similar to the residential recycling cart program and to implement a rate increase to offset program costs. Additional initiatives requested by Federal Disposal include: o The substitution of the faithful performance bond with immediate City ownership of the automated carts; . Amending the Franchise Agreement with a requirement to charge fees to collect hazardous electronic components; , Increase commercial rates by 1.5% to cover additional Workers Compensation rates Staff recommends further analyzing these issues and return to the City Council with a recommendation during rate adjustment proceedings in June. Tim D. Serlet Public Works Director ~Joe Meyers Administrative Services Manager Public Works Department Exhibit A Exhibit B Exhibit C Exhibit D Franchise Agreement Section pertaining to performance reviews Hauler performance report SB 1066 time extension hearing item CIWMB press release on 2002 diverison EXHIBIT A 7.1 ARTICLE 7 REVIEW OF SERVICES AND PERFORMANCE Performance Hearing The City may hold a public hearing on or about the two year anniversary of the start of this Agreement, and annually thereafter, at which time the Company shall be present and shall participate, to review the Solid Waste Collection, source reduction, processing and other diversion services and overall performance. The purpose of the hearing is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, Recycling, processing and Disposal to achieve a continuing, advanced Solid Waste Collection, source reduction and Recycling and Disposal system; and to ensure services are being provided with adequate quality, effectiveness and economy. Forty-five (45) days after receiving notice from the City of a Solid Waste Services and Performance Review Hearing, the Company shall, at a minimum, submit a report to the City indicating the following: a) Changes recommended and/or new services to improve the City's ability to meet the goals of AB 939 and to contain costs and minimize impacts on rates. b) Any specific plans for provision of changed or new services by the Company. The reports required by this Agreement regarding customer complaints shall be used as one basis for review. The Company may submit other relevant performance information and reports for consideration. The City may request the Company to submit specific information for the hearing. In addition, any customer may submit comments or complaints during or before the hearing, either orally or in writing, and these shall be considered. Topics for discussion and review at the Solid Waste Services and Performance Review Hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, customer complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding AB 939's goals, regulatory constraints and the Company performance. The City and the Company may each select additional topics for discussion at any Solid Waste Services and Performance Review Hearing. Not later than sixty (60) days after the conclusion of each Solid Waste Services and Performance Review Hearing, the City may issue a report. As a result of the review, the City may require the Company to provide expanded or new services within a reasonable time and for reasonable rates and compensation and the City may direct or take corrective actions for any performance inadequacies. EXHIBIT B :.:.:.:.:.:.:.:.:.:.:.:.:.~ ::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::: ::~::~::~: .:.:.:.:.:.:.:.:.:.:.:.:.:.:<.:.:-:.:.:-:-:-:.:.:-:.:.:.:.:.: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ':':':':':':':':':':':':':':':':':':':':':':':':':':':':':':': ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ............. ::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :':':':':':':':':':':<':':':':':':':':':':':':':':':':':':':' ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :-:.:-:.:.:.:.:.:.:.:.:.:.:.:-:-:.:-:-:-:.:-:-:-:.:-:-:.:.:.:. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .......................-.-.-. .-...... .......... ..................... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................ ................................................................ .:.:.:.:.:.:.:.................................................. ~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ ,.,.,.,,,.,........-.-.......-.............,.....,.,.-.,.,.,.-.. ................................ ...................... ............... .......... :.:.:.:.:.:.:.:.:.:-:.:-:.:.:-:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.. :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.'. ...................................................... .................... ........................................................ ;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 0 0 ~ ~ E~ ................................ '-'.-.'-'.---.'.'.---.'-'.-.'-'.-.'.'-'-'.-.-.'.'.'.'.-.'.-.'.'.. · :.:-x.x.:.:-:-:.:.:-:.~ :.:.:.:-:.:-:-:.:.:.:-:.:.:.:. ............................ ~ ............................. ................................ · -- ,_ ._ .-- ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ .-- ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: - ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ E ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ o ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ . ......,..,......,............................................... .-...-.-.....-.......-.....-.-.......-............,.. v .....-.. ~ ~ E ................................................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ ~ E m '~ ~ ~ .- E :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:~:.:.:.:.:.:.:.:~:.:~ ._ ~ ~ ~ ~ ~ ~ ~6 " :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: E > > o ................................................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................ ................................................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :':':':':':':':':':':':':':':':':':':':':':':':':':':':':':':':+ .................................................................. ................................................................. ................................................................. ..-.....-.....-.-.....-.......-......,.,.,..........v.......... ................................ ..................................................................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -- .,..........-.-...-........,......-.............................. ..v.................~ ~ .................................... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ....-.-...-.-.....-.-...-.-.......-.....,.........v............ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: · ~ -- ~ ~ ~ ~ 0 ~ 0 · -- __ ~ ~ ~ -- .-- ................................................................. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: - o ~ 0 ~ -- ~ ~ ~ o ............................. . ............................. .............................. ................................................................ ~ < ~ 'E < < < 0 o ~ o ~ ~ o ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: -- :~:~:~:[:~:~:~:~:!:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ ................................ :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:, 0 E ~ '- : ............................... .:.:.:.:.:.:.:.:.:.:.:.:.:.~ :.:.:.:.:.:.:.>:.>:.:.:.:.:. ............................ ~ ............................. .~ ~ ~_ :::::::::::::::::::::::::::::::::::::::::::::::::::::::: ........................................................... ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: o o o o o ~ o o ~ ~ o ~ o ............................. ~ .................. :.:.:.:,:.:.:.:.:.:.:<.:.:., .:.:.:.:,..:.: ....... ~ :::::::::::::::::::::::::::::: ============================== ~ ::::::::::::::::::::::::::::::::::::::::::::::::: .... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: -.-...v...v...-.............v...................v ..... v ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.>:. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................................................. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .-- ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ._ ':':':':':':':':':':':':':':':':':':':':':':':':':':':':':':':':' 0 ~ ~ ~ 0 ':':<':':':':':':':':':':':':':':':':':':':':':':':':':':':':':' 0 ~ ~ ~ ~ .-- ......................................................... · - ._ · -- ~ ~ ~C~ - ................................................................ ~._ ................................................................ o ~ c ~ ~ ~ ~ ~ ~' ~i~ ~ ~ o :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .~ .................................................................. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .................................................................. :':':':':':':':':':':':':':':':<':':':':':':':':':':':':':':':' ~ .- ~oo ................................................................. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .................................................~:~.,~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::: :::::::::::::: ================================ :,:,:,:.;.:.:.:.:.;.:.:.:.:~:.:,:.:.:,:.:.:..: ..... :::::::::::::::::::::::::::::: =============================== ~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: · .-.......-...v.....,. v,....,..,..,..,...........,......... ,.>:.:.:.:.:.:.:,:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.>:.:.: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 0 0 :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ,.....,.v ....,,....,-.-...,,,,....-....,-...-.....-.-..,,..... :.:.:.:.:.:.:.:.:.:.:.:.:.~ ..:.;.:.:.:.:.:.:.:.:.:.:.:.:. ................................ ................................ ....,.....,....,..........v.........v.,..............,...,., ................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.1.:.:.:.:.:.:.:.:.:.:.:. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ............................................................... - :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ....................... ...... ................................... ................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ............................................................... ................................ ................................ ................................ ................................ ............................ ..: ............................. ':':':':':':':':':':':':':~:':':':':':':':':':':':':':': :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................ ............................................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ........................................-.....-...-.....-.v... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................................................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................................ · ........................................... v ................. ................................ ...........v............... v .........v...............-... ................................. ~.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. 0 :i:i:i:i:i:~:i:?~:~:!:i:~:~ ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: .:.:.:.:.:.:.:.:.:.:.:.:.:.: :::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: .............. .:.:.:.:.:.:.:.:.:.:.:.:.:. ::::::::::::::::::::::::::: ::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: :+:.:.:.:.:.:.:.:.:.:.:.:. ::::::::::::::::::::::::::::: :: .......... ::::::::::::: .... ............................ :::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ............................ :.:.:.:.:.:.:.:.:.:.:.:.:.:. ............................ ::::::::::::::::::::::::::::: ............................ ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ............................... ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::: ............................. :.:.:.:.:.:.:.:.:.:.:.:.:.:. ::::::::::::::::::::::::::::: ............................... :::::::::::::::::::::::::::: ::::::::::::::::::::::::::: i:i:~i:i:i:i:i:i:[:i: .............. ............................ ..............: .:.~ EXHIBIT C California Integrated Waste Management Board Board Meeting November 19-20, 2002 AGENDA ITEM 22 ITEM Consideration Of The Application For A SB 1066 Time Extension By The City Of Tustin, Orange County I. SUMMARY The City of Tustin (City) has submitted to the California Integrated Waste Management Board (Board) a completed Senate Bill (SB)1066 Time Extension request for meeting the 50 percent diversion requirement. Staff review indicates that while the City has been implementing the source reduction and recycling programs selected in its Source Reduction and Recycling Element (SRRE), it will need to implement the proposed Plan of Correction to achieve the 50 percent diversion requirement. The City currently has a 40 percent diversion rate for 1999 and 35 percent for 2000. The City is requesting to extend the due date for achieving 50 percent diversion through December 31, 2003. Staffs analysis of the City's Plan of Correction indicates the plan is reasonable, given the City's waste stream. II. PREVIOUS BOARD ACTION No previous Board action has been taken on this item. II1. OPTIONS FOR THE BOARD . o . o o The Board may approve the City's application as submitted for an extension to the 2000 diversion requirement on the basis of its good faith effort to-date to implement diversion programs and its plans for future implementation. The Board may approve the City's application as may be modified by the jurisdiction at the Board meeting. The Board may approve the City's application as submitted but also make recommendations for the implementation of alternative programs that it believes the jurisdiction should add to its plan for it to be successful. The Board may make recommendations for the implementation of alternative programs that it believes the jurisdiction should add for its plan to be successful and continue the item to the next Board meeting to allow the jurisdiction time to revise its application. The Board may disapprove the City's application and allow the jurisdiction to revise and resubmit the application based upon the Board's specified reasons for disapproval. The Board may disapprove the City's application and direct staff to commence the process to issue a compliance order because the Board's specified reasons for disapproval cannot be addressed by a revised application. IV. STAFF RECOMMENDATION Staff recommends the Board adopt option No. 1. Page 22-1 Board Meeting November 19-20, 2002 Agenda Item-22 V. ANALYSIS Background Public Resources Code (PRC) Section 41825 requires the Board to review each City, County, and Regional Agency's (jurisdiction's) SRRE at least once every two years. As a result of this review, the Board may find a jurisdiction has implemented programs and achieved the diversion requirement; that a jurisdiction has made a good faith effort to implement diversion programs, but has not achieved the 50 percent diversion requirement; or that a compliance order should be assigned to a jurisdiction that has failed to adequately implement its SRRE and/or failed to achieve the diversion requirement. Alternatively, a jurisdiction that has not achieved the diversion requirement may petition for one or more time extensions to meeting the 50 percent diversion requirement for a maximum of five years; no extensions may be effective beyond January 1, 2006 (PRC Section 41820). PRC Section 41820(b) further provides that: "(1) When considering a request for an extension, the board may make specific recommendations for the implementation of alternative programs. (2) Nothing in this section shall preclude the board from disapproving any request for an extension. (3) If the board disapproves a request for an extension, the board shall specify its reasons for the disapproval." The Board may initially grant a one, two or three year extension for meeting the diversion requirements if the following conditions are met: · The jurisdiction has submitted all required planning elements; · The Board finds that the jurisdiction is making a good faith effort to implement the programs identified in its SRRE; · The jurisdiction submits a plan of correction demonstrating that it will meet the diversion requirements by the time the extension expires including: the programs that it will expand or start implementing, the dates of implementation, and the means of funding. Key Issues Staff's analysis is based upon the information below. Existing Jurisdiction Conditions: Diversion Rate Data {Percent) Key Jurisdiction Conditions Waste Stream Data Base 1995 1996 1997 1998 1999 2000 Pounds waste Population Non- Residential Year generated per Residential Waste Stream person per Waste Stream Percentage day (ppd) Percentage 1990 17 25 25 46 40 35 9.34 68,300 74 26 Page 22-2 Board Meeting November 19-20, 2002 Agenda Item-22 SB 1066 Data Extension End Program Review Site Reporting Frequency Proposed Diversion Date Visit by Board Staff Increase 12/31/03 2001 Annual Report 21% Every 6 Months Final Report City's geographic location: The City of Tustin is located in Orange County and is bordered by Santa Ana, City of Orange, Irvine and Lake Forest. The City has a high non-residential waste stream of approximately 74 percent. Primary Diversion Program Information: The following table provides an overview of the diversion programs the City is currently implementing, and the programs the City is proposing to expand or newly implement as outlined in the Plan of Correction (Section IV-A of the SB1066 Time Extension application; Attachment 1). Program Name/Type Existing Expanded New Dropped/Not Staff Comments Implemented Residential Programs: Residential Curbside X The City contracted with a new hauler in October of 2000. In 2001, the hauler and City provided residents with a three-cart curbside source separation and weekly collection of 35, 64 or 95-gallon containers for single family and multi-family residents. Material types collected include mixed paper, cardboard, plastic, newspaper and CRV containers, free of charge. The recyclables are taken to a MRF for processing. Residential Greenwaste X In 2001, the City began offering residents a weekly collection of their greenwaste in 35, 65 or 95-gallon containers free of charge. Greenwaste collected is taken to a greenwaste composting facility in Orange County. Grasscycling/Xeriscaping X The City and schools currently use mulching mowers on Backyard and On-Site approximately 300 acres. In addition, some businesses Composting/Mulching located in the City also use self-mulching mowers on their landscaped areas. Residents can also participate in the County's backyard composting classes. Material Exchange/Thrift X Residents use several thrift stores located in the City to Stores drop-off or purchase reusable items such as white goods, furniture and clothing. Residential Drop- X The City has several reverse vending machines and Off/Buy-Back standard buy-back facilities for residents to drop off their CRV containers. The City refers residents to drop off locations for newspaper, scrap metal, glass, mixed paper and cardboard. The City also offers residents a drop-off container for Christmas trees. Residents can drop-off their Christmas trees and pick up unlimited, free mulch. Residential Self-haul X The City encourages residents to participate in the new Greenwaste curbside greenwaste collection program. Residents also have the opportunity to self-haul their greenwaste to a greenwaste, composting facility in Orange County. Special Collection X The City offers free collection of Christmas trees and Seasonal phone books on an annual basis. The City also offers Page 22-3 Board Meeting November 19-20, 2002 Agenda Item-22 Program Name/Type Existing Expanded New Dropped/Not Staff Comments Implemented residents two, free bulky item (three items), pick-ups a year. White Goods X The City has appliance stores for residents to send their white goods in for repair. Residents can also purchase used white goods. Commercial Programs: Commercial On-Site X In 2001 the City began offering all businesses unlimited Pickup free recycling containers for office paper, wood waste, cardboard, plastics and metals. All recyclables collected are taken to the MRF for processing. Commercial Self-Haul X Some businesses in the City self haul their specialized recyclable items to various recyclers located throughout the County. In 2001, the City began encouraging all businesses to participate in their new, commercial on- site collection program. Government Source X City offices participate in recycling programs for the Reduction/Recycling collection of newspaper, mixed paper, ink cartridges and CRV containers. The material collected is taken to a MRF for processing. City offices also use an e-mail system and duplex copying. Commercial On-site X In 2001, the City offered businesses and multi-family Greenwaste Pick-up unlimited, free collection of their greenwaste. Material collected is taken to a greenwaste composting facility located in the County. Concrete/Asphalt/Rubble/ X The City encouraged contractors to use C&D recycling Construction/Demolition facilities for City generated projects. The City will expand this program to develop and implement new requirements for private diversion related to City issued C&D permits. The City will also require the submittal and City approval of recycling plans for all discretionary private development projects. Waste to Energy X The City has been diverting limited quantities of waste to the waste-to-energy facility located in Long Beach. The City plans to expand this program by increasing the amount of material sent to the waste-to-energy plant up to ten percent of their reporting year generation. Scrap Metal X The City participates in a Countywide DMV abatement program for abandoned vehicles. Businesses and residents can also take their scrap metal to recyclers located in the County. Supporting Programs: Economic Incentives X The City's new solid waste contract contains recycling and source separation incentives for all commercial and residential customers. Residents and businesses are offered unlimited free recycling and greenwaste. Residents and businesses are charged additional fees for additional trash containers. Public X The City plans to expand the distribution of printed Education/Outreach materials promoting recycling and The City will provide additional outreach services to residents and businesses through community events, technical assistance and presentations at schools, all of which will promote the City's new programs and recycling. Large generators such as landscape and construction firms are being Page 22-4 Board Meeting November 19-20, 2002 Agenda Item-22 Program Name/Type Existing Expanded New Dropped/Not Staff Comments Implemented targeted. The City will use its various permitting processes as an outreach opportunity. School, youth groups and community service organizations are also targeted by the City's hauler for presentations. The City and hauler consider the provision of technical assistance and identifying waste prevention efforts also a priority. Public X Increased distribution of broadcasting of video Education/Electronic productions related to a variety of recycling; efforts. Public Education/Print X The City will continue to increase direct personal and mail outreach efforts to commercial and industrial customers. Commercial and X The City has conducted a new waste characterization of Industrial Diversion residential and business sectors in order to submit a new Study diversion study that will establish a 2001 new base year. Staff Analysis of SB 1066 Aoolication Plan of Correction A jurisdiction's SB 1066 time extension request must include a Plan of Correction that: a. demonstrates meeting 50 percent before the time extension expires; b. includes source reduction, recycling, and composting programs the City will implement (existing programs it will modify and/or new programs it will implement); c. identifies the date when 50 percent will be achieved; d. identifies funding necessary for new and/or expanded programs. Section IV-A in Attachment 1 is the City's Plan of Correction that meets the above requirements. A complete listing of diversion programs the City is currently implementing is provided in Attachment 2. Staff analysis: Board staff has conducted an assessment of the City's current program implementation and its relationship to the City's waste stream, including a program review site visit in 2002. · The new residential curbside greenwaste and recycling program is targeting the residential sector through the use of a three-cart curbside source separation collection program. Single- family and multi-family residential (up to three attached units) have an economic incentive to participate in the recycling program. Residents are offered unlimited, free, 35, 64 or 95- gallon carts for the collection of mixed recyclables and greenwaste. Additional trash containers are available at an additional cost. Recyclable materials collected are taken to the Material Recovery Facility (MRF) for processing. Greenwaste is taken to a greenwaste/composting facility located in Orange County. This program is important since it gives residents the opportunity to participate in recycling programs previously not offered. · The new commercial on-site collection and greenwaste collection programs are targeting the non-residential sector through the use of a source separation and free collection of mixed recyclables and greenwaste from businesses and multi-family dwellings (over three attached units). Prior to the initiation of this program businesses self-hauled their recyclables and greenwaste to various markets located throughout the County. Businesses now have an economic incentive to recycle through the convenient, free collection of unlimited recyclables such as mixed office paper, cardboard, wood waste, plastics, metals and Page 22-5 Board Meeting November 19-20, 2002 Agenda Item-22 greenwaste. This program is especially important since the City is comprised of approximately 74 percent non-residential generation. · The expanded construction and demolition program is targeting all new and future developments planned for the City, by developing and implementing new requirements for private projects related to City issued construction and demolition permits. The City will also require the submittal and City approval of recycling plans for all discretionary private development projects. The City is pretty much built out, except for the recent closure of a military base, which the City acquired in 2001. This program will specifically address the need for measures to ensure that C&D recyclable materials are diverted from the landfill, especially with deconstruction and development plans for the former military base, which is approximately 1600 acres. · The expanded waste to energy program is intended to be used only for additional diversion, (up to ten percent of their reporting year generation) as needed, in the event the programs included in the plan of correction are not sufficient. · The City has completed a solid waste characterization study in order to submit a request to establish a 2001 new base year. This new study has identified additional diversion that is occurring in the City. · To implement the residential, commercial, C&D and waste to energy programs will require an intensive outreach campaign. The City plans on increasing distribution of printed materials and broadcasting of video productions as well as providing outreach services and technical assistance to businesses. In addition, landscape and construction firms are also be targeted to promote recycling. All of these outreach services to maximize the level of participation will take time. · The additional programs, as well as the expansion of existing programs, that have been included in the plan of correction will capture important portions of the residential and non- residential sector's waste stream. As the diversion programs proposed by the City in its Plan of Correction will be targeting these large sectors, staff believes the proposed programs are therefore appropriate. Based on Board staff' s understanding of the relevant circumstances in the City that contributed to its need for an extension, Board staff believes the City's proposed Plan of Correction that targets both the residential and non-residential sectors to be a reasonable plan. Justification for time extension request: Section IIIA-2 (in Attachment 1) addresses the City's need for the amount of time requested. Reason: The reasons the City requests an extension through December 31, 2003, to fully implement the programs described in the Plan of Correction include: · Increase participation in new curbside residential programs · Increase participation in new commercial on-site pickup · Establish new C&D recycling permitting processes · Complete development of public education and business outreach · Complete documentation for submittal of a New Base Year to staff Page 22-6 Board Meeting November 19-20, 2002 Agenda Item-22 Staff analysis: The time extension seems reasonable since sufficient time is necessary to complete implementation of the variety of programs listed in the City's Plan of Correction, with enough time to allow the City to evaluate the effectiveness of their new and expanded programs. Although the City has completed some of the program implementation/expansion identified in its Plan of Correction, the City is continuing to implement tasks associated with its residential and commercial collection, construction and demolition, waste to energy programs, as well as, complete their submittal of their request to establish a new base year. Board staff therefore believes the time requested to implement these programs is reasonable. · The largest components of the City's Plan of Correction are residential and commercial curbside and on-site pick-ups for recyclables and greenwaste. These programs were offered to residents and businesses in 2001 with the signing of a new franchise agreement in October of 2000. This new contract offers residents and businesses an economic incentive for recycling. The hauler in conjunction with the City is committed to provide residents, multi-family units and businesses with individualized technical assistance on how to divert their recyclable materials. The educational process will require an extensive outreach campaign, meeting with individual multi-family units, businesses, contractors and landscapers on the new recycling and greenwaste programs, all of which will involve a significant amount of time. · The City will also be developing and implementing a new requirement for private diversion related to City issued construction and demolition permits. The City will require the submittal and City approval of recycling plans for all discretionary private development projects. Establishing the procedures for this permitting process will take time since this will require staff to educate developers and contractors on these new permitting procedures. · The City also plans to evaluate the participation and effectiveness of their proposed programs in their Plan of Correction to ascertain whether or not additional material needs to be sent to the waste to energy plant to reach their diversion goal. This process will also take time, since the City is anticipating a high participation rate through their outreach efforts for their new programs. · The City is also in the process of completing a new base year study that is intended to accurately reflect the amount of source reduction and diversion occurring in the City. However, the City is still committed to continue with the expansion and addition of programs as listed in their Plan of Correction. Primary barriers: Section IIIA-1 (of Attachment 1) addresses the primary barriers that have prevented the City from earlier implementation. Primary barriers that have prevented the City from earlier implementation include: · Inadequate franchise agreement which provided minimal recycling services for residents · Lack of commercial on-site pickups for greenwaste and recyclables · High multi-family rate in the City · Lack of economic incentives · Lack of control over requiring recycling at construction and demolition projects Staff analysis: The City has implemented a majority of all the programs identified in their SRRE and alternative programs have also been implemented. However, because of the lack of a comprehensive franchise agreement with the previous hauler, the City was constrained in the Page 22-7 Board Meeting November 19-20, 2002 Agenda Item-22 level of recycling services provided to residents and businesses. The City has signed a new franchise agreement with a new hauler in October of 2000. This new agreement now provides residents with a new curbside, three cart recycling service, which also includes greenwaste collection. Businesses are offered pick-up service for mixed recyclables and greenwaste. Residents and businesses are encouraged to participate in these new programs through the efforts of an extensive outreach campaign as well as through economic incentives. Residents and businesses are offered unlimited, free recycling. The lack of outreach and services to multi-family units has also hindered the City in reaching their diversion goal. The City in conjunction with the hauler is conducting an extensive outreach campaign to educate these multi-family housing units of the new recycling services. All former construction and demolition projects in the City were only encouraged to recycle the C&D material without specific requirements. This lack of control over the diversion of recyclable material, as well as, the recent purchase of the military base and the massive construction and demolition plans projected for the base, have prompted the City to take an aggressive, proactive approach to ensuring that recyclable material generated from C&D projects is diverted from the landfill. The City will be implementing a new permitting process, requiring all developers and contractors to submit recycling plans prior to receiving City approval for their projects. In 1998 the City conducted a waste generation study that relied heavily on extrapolation. The City was concerned over the reliability of the study and decided not to formally submit it to the Board. Since then, the City has conducted another waste generation study, without extrapolation. The City has identified recycling and source reduction activities that were not originally identified in the SRRE. The City plans on submitting their request to establish a new base year in 2002. Staff believes that since there have been significant changes in the City, which includes the recent closure of the military base, that the submittal of a new generation study will greatly improve the accuracy of their diversion rate. In addition, PRC Section 41820(d) directs Board staff to provide technical assistance to a City that requests assistance in meeting the diversion requirements, such as identifying model policies and programs implemented by other jurisdictions of similar size, geography, and demographic mix. Lastly, a jurisdiction with a Board-approved time extension is required to include a summary of its progress in complying with its plan of correction in each annual report that is due prior to the end of the time extension [per PRC Section 41821 (b)(4)]. In addition to reporting its progress in its Annual Report, staff recommends the City also be required to report on its progress six months before the end of the extension and a final report at the end of the extension. Findings Staff has determined that the Board may grant the requested Time Extension because it meets the requirements of PRC Section 41820; specifically: · The jurisdiction has submitted all required planning elements. · The jurisdiction is making a good faith effort to implement the programs identified in its SRRE. Page 22-8 Board Meeting November 19-20, 2002 Agenda Item-22 The jurisdiction has submitted a plan of correction demonstrating that it will meet the diversion requirements by the time the extension expires including: the programs that it will expand or start implementing, the dates of implementation, and the means of funding. A comprehensive list of the City's SRRE-selected and implemented diversion programs is provided in Attachment 2. Because of the City's efforts to-date and its plans for expanding those efforts to reach the 50 percent diversion requirement as outlined in its Plan of Correction, staff is recommending approval of the City's time extension application. VI. ATTACHMENTS o SB 1066 Time Extension Application for the City of Tustin Program Listing for the City of Tustin Resolution Number 2002-684 VII. CONTACTS Name: Melissa Vargas Phone: (916) 341-6243 Page 22-9 · Bo~'a Meeting - November 19-20, 2002 · · ............ ",:'.-;.:i.~'?!'". 1'o request a lime ExtenSion (.TE) or Altemat~e Diversion Requirement (^DR). p~aase complete ami s,~'g~'this f~' ~ind !_e.t_urn it.!o your O .fl~_ .-.of L_.o?.I Ass, is?..n, ce (OLA) rep .resentative al the address below, along with any additional -:.::v.. :. ~r!rormar]on requesteo oy .L~LA Sm~. when all documentation has be~ received, your OLA representative will work with -you to prepare for your appearance before the Board. if you have any questions about this proc'e_s_<, please call (916). 341-61S9 to be connected to your OLA representative. Mail completed dOCuments to: California Integrated Waste Management Board Office of Local Assistance, (M~ 25) 'i001 i Street PO Box 4025 Sacramento CA 95812-4025 · General Instructions: For a Time Extension complete Sections I, II, III-A,'IV-A, and V. For an Alternative Diversion Requirement complete Sections I, II, Ill-B, IV-B and V. Section I: Jurlldlctlon Information and Certification ... ,4//respondents ~ corr~ete tMs MCM~. i ii I certify under penalty of perjury that the information in this document is true and correct to the best of my knowledge, and that I am authorized to make thi~ ~rtifie.~tion on behalf of: Jurisdiction Name Cl~/of Tustin · T~pe/P-fint NI, ne of P~on Sig nihg Joe Meyers Date 09/10/131 County Oronge Person Comp~Jng ~ Farm (p~as~ pnnt or bite) ,,, ,,,,, , ,, , Phone (714) 5733,173 Title phone (714)573-.~ 173 Mailing Address 300 Centennial Way Administrative Services Manager, PublicWorke Depm~ment city Tustin E-mail Address Fax (714)734~91 · , State ZIP Code CA :- 92780 I II III II II IIII II I I IIIIII I BoardM~tmg lqovcmb'ex 19-20. 2002 Section Il--Cover Sheet Agenda Item Attachment ] _ This cover sheet is to be completed for each Time Extension {TE) or Alternative Divemion Requirement {ADR) requested. lJ Eligibility Has your jurisdiction filed its Source Reduction and Recycling Element, Household Hazardous Waste Element. and Nondisposal Facility Element with the Board (must have been filed by July 1, 1998 if you are requesting an ADR)? l"1 No. If no, stop; not eligible for a TE or ADR. Yes. If yes, then eligible for a TE 0r ^DR. 2. Specific Request and Length of Request Please specify the request desimcl. Time Extension Request Specific years requested _2001, 2002, 2003 Is this a second request? I~ No [~ Yes Specific years requested. _ (Note: Requests for an additional extension will need to address why the jurisdiction's efforts to meet the 50% goal by the end of the first extension were not successful.) r"] Alternative Diversion Requirement Request (Not allowed for Regtonal Agencies). Specific ADR requested _N/A %, for the years_ Is this a second ADR request? [-I No I--] Yes Specific ADR requested _ %, for the years _ (Note: Requests for an additional ADR will need to address why the jurisdiction's efforts to meet 50% by the end of the first ADR pedod were not successful.} Note: Extensions may be requested anytime by a jurisdiction, but will only be effective in the years from January 1, 2000 to January 1,2006. An original request for a TE/ADR may be granted for any period up to three years and subsequent requests for TE/ADR may extend the odginal request or be based on new circumstances but the total number of years for all requests cannot total more than five years or extend beyond January 1, 2006, ....... lalll IIIIal II ! I I I II III IIII II IIIII Board Mccting November 19-20, 2002 Attachment Section IlIA---TIME EXTENSION · . .Within this section, ~liscuss your jurisdlction'e progress in Implementing diversion programs that were planned to achieve 50%. Provide any additional information 'that demonstrates "good faith effort." The CIWMB shall determine your juriediction's progress in demonstrating "good faith effort" towards complying with AB 939. Note: The answers to each question should be comprehensive and provide specific details regarding the jurisdiction's situation. Attach additional sheets ~[ necessan/..-pfease reference each response to the approprfate cleft number (e.g., iliA, 1). 1. Why does your jurisdiction need more time 'to meet the 60% goal? Deacribe why SRRE seiscte~d programs did not achieve 50% diversion. Identify barriers to meeting the 50% goal and briefly indicate how they will be overcome. · · , .. The City's solicl waste franchise agreement Jn effect prior to October 2000 did not provide adequate services to "' achieve the Year 2000 50% diversion requirement. This is likely due to an overly optomistic reliance on the utilization of dirty MRFing for all commercial and r&sidentiai waste collected in the City by the contract haUler. The SRRE identifies a gOal of 25.5% diversion via MRFing. The City's experience indicated that approximately 15% diversion was the highest amount attainable. The POC below identifies efforts to correct this diversion. shortfall. In addition, The City was legally hin~iered from revising or amending this contract by a local ballot measure which required the contract to be formally bid. This essentially precJuded any further contract amendments to increase the service level prior to the end of the previously existing contrac~ The City's new solid waste contract went into effect in October of 2000. The commercial diversion aspect of that contract did not take effect until January 2001. The residential program did not go inert Tull effect until late spdrKj of 2001. The new contract required the implementation of a variety of residential and commercial recycling and diversion programs that go above anti beyond those identified in [fie Cily's SRRE. Specifically. the City now requires the use of a three cart source separation program for all single family units, duplexes and triplexes Commercial diversion is significant source of future diversion and remains a somewhat elusive goal due the large proportion of commercial waste generated in the City by multifamily units. The POC identifies those specifc programs which the City will aggressively pursue now that the City's new solid waste contract is in full effect.' The City will utilize all contractual, outreach, technical 'assistance and economic measures available to increase diversion in the commercial sector. These efforts tend to be progessive in r~ature and additional time is required for full compliance.. The City's believes that the City's SRRE likely overlooked a significant amount of generation and diversion activity because of program definintions and practices at that time. The City is compieang a new diversion study and will be seeking the establishment of a base year adjustment. The City expects this diversion study will demonstrate substantially more commercial diversion than is evident in the Year 2000 report l~oard. Meeting November 19-20, 2002 Agenda Item Attachment 1 2. Why'does your jurisdiction need the amount of time requested? DeSCribe any relevant circumstance~ in the Jurisdiction that contribute to the need for a Time Extension.. The City requires additional time to implement new programs as required by the new solid waste contract. Commercial source separation and out'each programs must be cost effectively designed and carefully implemented to achieve maximum results. In addtion, landscape and construction firms will be targeted via outreach programs to encourage diversion. Given that over 75% of the City waste is from commercial sources, these will be a 'formidable tasks. The City is also completing a new diversion study, which the City believes will demonstrate that the City is much closer to the 50% diversion requirement than ttas I~een previously indicated. 3. Describe your jurisdiction's Good Faith Efforts to implement the programs in its SRRE. The City has implemented twenty-seven of the twenty-eight programs originally identified in the City's SRRE. In addition, the City has implemented or is in the process of implementing new or expanded which are identified below: Additional - Residential Curbside (2000-RC-CRB) Additional - Commercial onsite greenwaste collection (3020-CM-COG), Additional - Commercial on site pickup (2030-RC-OSP) Additional - Residential Curbside Gmenwaste Collection (3000-CM-RCG) Expanded - Concrete/Asphalt/Rubble (4060-SP-CAR) Expanded - Waste to Energy (8000-TR-WTE) In additon, the City participtes in the County of Orange's ADC program. In 1998, the City conducted a waste generation study in 1998 that relied heavily on the extrapolation method in order to attempt to identify waste diversion in the commercial sector. While this study identified significant diversion tonnage, (46% overall in 1998), the City was concerned with the reliability of the methodology and decided to not submit the study to the CIWMB for consideration to establish a new base year. Instaed the City embarked on a effrot to expand The City is now in the process of completing and submitting a new diversion study, utilizing board approved methods, which the City belives will reliably confirm the existence of significant commercial diversion efforts in Tustin · Board Meeting November 19-20, 2002 4. Provide any additional re!~;ant info~.ation that suppo~ the.request. The City is fully committed to implementing programs to achieve the 50% diversion requirement and has been making significant progress towards that goal. The City has been working closely with the Board's Local Assistance staff and appreciates their extensive assistance and will keep it and the Board appfise¢t of our ongoing compliance efforts. Board ~ee~in~ ~ovember ]~-20, 2002 Agenda Item Attachment I Section IIIB--ALTERNATIVE DIVERSION REQUIREMENT 'Within this section, discuss your juHsdiction's progress in Implementing diversion programs that were planned to achieve 50'/.. Provide any additional information that demonstrates "good faith effort." The CIWMB shall determine your jurisdiction's efforts in demonstrating "good faith effort" towards complying with AB 939. Note: The answers to each question should be comprehensive and provide specific details regarding the jurisdiction's situation. Attach add/t/oriel sheets if r/eces~~ease re~erence each response lo the appropr/ate ce# number (e.g., IIIB-I.). 1. Why does your jU'~;~diction need and Alternative Diversion Requirement? Describe why SRRE selected programs did not achieve 50% diversion. Identify barriers to meeting the 50% goal and briefly Indicate how they will be overcome. N/A 2. Why is your jurisdiction requesting an Altemative Diversion Requirement in lieu of a Time Extension? 3. Describe yourjuHsdictlon's Good Faith Efforts to implement the progr~me in its SRRE. N/A 4. Describe any relevant circumstances in the jurisdiction that contribute to the need for an ADR. Provide any relevant Information that supports the request. N/A Board Meeting November 19-20, 2002 - Agenda Item Attachment Section IV A--PLAN OF CORRECTION -" ;".'..': ::. A Plan of Correction is required by PRC Section 41820(a)(6)(B). The plan Is fundamentally a '. description of the actions the jurisdiction-will take to meet the $0% goal by the expiration of the ?ime Extension. Attach additional sheets if nece$~. ~ ..., I .... " 'i. .o..,..,,,.,.,'.,. I " PROGR.*_~ I'YPE. NEW or DESC~iP¥ION OF PROG~tAM FUNDING DAI~E FULLY E~I.i~ATBD EXPAND Please use the Board's SOURCE COM~ PERCENT Program Types. The I)~VF.R~ION Program ~ossery ia online a~ ... . www.cJwmb:ca.gov/ .... LGCe~tral/PARIS/Codes/ "" Reduce. him ., .,... Consists of a three cart curbside source sepa~n and Resident 07/01 -,4% Residential Curbside New weekly collectiori 10fo~ for single family & muJtifamily R~tes Mixed Recyclables residerJt~ up to three attached undt~. 35, 64 & 95 cads (200C)-RC-CRB) am provided for mixed racy=fables, green waste and , ,. ,~ienem wa .ste. · , ^ weekly coUe~on I~O0ram incorporated Into the single ReaJdmlt 06/01 ~3% fami~ re&Jdential curba~de collection program. 35,64. & Rites Re~L_.'_~_ntfll Gteenwaste New 95 gallon containers am IXOVkted to residents free of (t0/0-SR-BCM) charge. .,., ,, , . .,,. ~ ,, , Source Sel~lration and flee collection of mixed Comn11 12/03 ~-~% recyclables horn businesses sad muff-family clweling$. Rates Commercial On $1e New Inciucle~ off'~.e paper program, wood waste, carboard, Pickup (2030-RC-O~P} ~IBs~iCS and metals , .... Unlimited Free recycling containers are ix°vided upon Comml 12-03 '-2% Commercial Greenwaste New. request ~or soume separated green waste to all Rat~ (3020-CM-COG) commercial Ct;Slomers (l~usinesses &mub-farntly). , ,, ,, ,.. , -- The City ~11 develop and implemement new Cily/Privet 12-03 ..2% Construction anti Demo Expende requirements for private diversion related to City issued · E, ector Dwersion {4060-SP-CAR) cl constru=tiort artcl demolition permits. The City require Ihe submittal and City approval o~ tecy~ing plans for all discretionary private (leveloprrmnt ., L ..,, ,,, · ., . ,, Diversion to the ~ Beach SERRF began in 1997 by Coma'! 12-03 .-5% Waste to Energy Expancle the CJty~ previou~ conlract hauler. The SREE ictenti6es Rata~ (8000-TR-WTE) d a goat of 4. 1% of the the to,al waste stream. The City mteflds to iacmlr~e Ibis cliver~ion percentage up to the 10% allowed by the Board. Th~ will li~ely be a program of last resort should other programs fail tO produce ......... satisfactory T~I Estimated Digalen Percent From New and/or Expand~l Programs --21% , ,, ,., · . ' '"' ~otal Pllnrt~i 'Dlvemi~n Percent Estimated .......... --56% .. . · ~' ,, ~ , .............. .... ,,, goar~ Minting Nove~nber' 19-20, 2002 Agenda Item Attachment 1 .... PROGRAMS' SUPPORTING 'DIVERSION ACTIVITIES - .~, PROGRAM TYPE NEW or DESCRIPTIoN OF PROGRAM DATE FULLY 1 EXPANDED COMPLETED , ~ ,, Public Education Expanded Increased distribution of printed ~mteriais ar~l broaclc, sting of 12-03 video procluc~ions rerated to · v,riety of recy~ efforts. Cammerc~=l outreach will al~o corm~ af personal site vis~ts by the City's hauler ~o advocate sours reduc~n, source separation and onsite recycJing oportun~ties. School, youth group and community servioe o~anization$ .re aisc) tarred by U~e City's Mulet for presenl~tion$. Attendimce at commun~y events is also a city prk)rity. ,,, ,, ,,, .......... , , , Bu$irmss Outreach Expanded As notm:l above. The City ;md wgl cont~ue to Increase clirecl 12-03 ~ersonal and mail outreach efforls to commerci;d and industrial customem..The City aM ils contract hauler consider tho provision of toehflicn[ assistance aM i~lentying waste prevention efforts a ' cenlcal aspect ~1 ail outhmac~ etTort~. Large generators such as lar~lscape and conslruction trrm't are being targeted to ~enl~fy diversion opportunRkls aM to market mcycJJng sentices.The City will also uUlize ~ various permitting processes as an outreach and educational opportunity. Economic Incentives New The City solid waste conic-act contains recycling and source 12-03 separation incentkves for al commerc~M and ree~ential customers. Commercial customers are not charged for bins ublized to separate green wasle and other recMble malerials. Likewise, single family custornem are not charged for green waste and mixed recyc;able carts. The numbe~ o,' carts and bins a~e not limited. Commercial custol'ner~ are only chairged for waste bins ~ncl residential customers am only charged for waste carts. ~ , ,,! ...... ~ , ,,, ,, ,, Commercial and Indus~ai New On site surveys utilLzing CIWMB approve metho¢l~ to quanUfy 12-02 Diversion Study actual diversion. Board Meeting November 19-20, 2002 ..... Section IV B--GOAL ACHIEVEMENT · . ., Goal Achievement describes the acUvitles the jurisdiction will use to achieve the ADR. Attach additional sheets if necessary... . · ....... , PROGRAM TYpE NEW or DESCRi~¥1ON OF PROGRA~I ' FUNDING' DATE FULLY ' ES'rlMATED F~PA#D Pleaae use the SOURCE COMPLETED PERCENT Board's Program DIVERSION Tyla~. Tl~ GIo~Mry i~ online at: ....... ' · CentraVPARIS/Codes/ Redux. btm .! . ,, ,. ! . .. ,! ,, ,. ,, · .1 , ....... , · ,, .. , ,,., ., . , ,.,, , , ,. . TG.'~.I i~t~,~ed Dl~elli'on Pel~ent Fr'mTt New and/or F.x~:)anded ProgralttO .. . Cu trent Diversion R~m Perce~t From Latest Amnt~l Report , , ,, , ,,,,, Total Planned Divemion Perr, erd Estimatm:l .... -- ,,.,,, ,.,, ..,, ,., __ ,,, PROOR~M$ SUP~0R?~NO DIYER$1ON ACTI¥1T[£~i' ' ' PROGRAM TYpE NEW or DF-~CRIPTION OF 'PRoGI~ .... DATE FU~"~ Y EXPAND COMPLETED , ,. ,, ,, · - _ ~ ,,,,, , , ~ , , , -.. , , , .... ., ,. , . , , ....... III II I IIIII IIII I Boml kleeting November 19-20, 2002 Agenda Item Attachment 1 Section V- PARIS Office of Local Assistance staff will be reviewing your Jurisdiction's Planning Annual Report Information System (PARIS) database pti .ntout as part of the evaluation of your request. Should the Jurisdiction have updates or revisions to the program implementation from the latest Annual Report submitted to the Board, please attach to the application the Jurisdiction's PARIS database printout showing updates or revisions. Contact your Office of Local Assistance Representative at (916) 341-6199 for a copy of PARIS, or go to the Board's website at www. ciwmb.ca.govlLGCentral/PARISl. I I II IIIII I II I II I III i C) 0 C) i z z z C) OO t- O ~ 0 0 0 0 0 -- 0 < -- 0 0 0 0 0 -- 0 < u_ 0 0 0 ~ ~ Z ~ Z Q- ~ ~ ~ 0 0 0 0 0 0 z= ._o 0 >o z~ o z~, 0 z ,< z ,< Z o P >.a. 0 (.9o (DE o (,30 0 0 >- z~ >-e z=~ IL. o o~ ~'~ oo~ o8~ ~ -= 0 0 0 0 < 0 = 0 0 0 < 0 0 0 ~ C> C> C> rJ::> C> (~. ~ >- Z >- Z Z z o n ~ z o Oo Oe I~ II II II 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 ~ 0 0 0 0 0 -- 0 0 -- 0 0 0 -- -- 0 0 -- 0 (/) < c/) Z 03 < Z O~ -- 0 0 -- -- 0 0 -- 0 Z o3 ~ z Z (.r) ~ z ~ >-- >- z >- >- >- Z >- >- Z Z Z Z Z >- Z z >- Board Meeting Agenda Item 22 November 19-20, 2002 Attachment 3 CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD Resolution 2002-684 Consideration Of The Application For A SB 1066 Time Extension By The City Of Tustin, Orange County WHEREAS, Public Resources Code (PRC) Section 41825 requires the Board to review each City, County, and Regional Agency's (jurisdiction) Source Reduction and Recycling Element (SRRE) at least once every two years; and WHEREAS, by conducting the Biennial Review in accordance with Title 14 California Code of Regulations Section 18772, the Board will determine if a jurisdiction has implemented its SRRE programs, and if a jurisdiction is meeting the diversion requirements as specified under PRC Section 41780; and WHEREAS, in 1997, Senate Bill (SB) 1066 modified PRC Section 41820 and Section 41785 for multiple year and multiple requests from jurisdictions for Time Extensions or Alternative Diversion Requirements in meeting the 50 percent diversion requirement; and WHEREAS, the Board developed an application intended to provide guidance on the information and documentation that is needed to meet the requirements identified in PRC Sections 41820 and 41785, and approved the application on May 23, 2000; and WHEREAS, based on the staff review of the SRRE for the City of Tustin (City), Board staff found that the City has been implementing diversion programs but needs more time to achieve the 50 percent diversion requirement; and WHEREAS, the City has submitted the necessary information and documentation required in a completed SB 1066 Time Extension application; NOW, THEREFORE, BE IT RESOLVED that the Board hereby accepts the City of Tustin's SB 1066 application for a time extension through December 31, 2003, to implement its SRRE and to meet the 50 percent diversion requirement. (over) Page (2002-684) NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board directs the City of Tustin to report on its progress in implementing its Plan of Correction in each Annual Report prior to the conclusion of the extension, as well as six months before the end of the extension, and a final report at the end of the extension. CERTIFICATION The undersigned Executive Director, or his designee, of the California Integrated Waste Management Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the California Integrated Waste Management Board held on date November 19-20, 2002. Dated: Mark Leary Executive Director Page (2002-684) EXHIBIT D From: LGCENTRAL@ciwmb.ca.gov Sent: Friday, March 07, 2003 9:37 AM To: JMEYERS@TUSTINCA. ORG Subject: 2002 Statewide Diversion Rate The text of this message is from the Board's February 18th press release California Diversion Rate at 48 Percent in 2002: Sizable jump in diversion from 2001 SACRAMENTO--Last year California diverted 48 percent of its waste stream from landfills, a veritable mountain of materials-- more than 34 million tons--through programs implemented by cities and counties that have embraced diversion over disposal, according to the California Integrated Waste Management Board. "Even with all the concern over our economy, our statewide diversion rate took another huge step forward in 2002," said Board Chair Linda Moulton-Patterson. "The combined efforts of local government, businesses, and residents throughout the state are paying tremendous dividends, in resource conservation and landfill reductions, that will have long-term benefits for all Californians." At 34 million tons, current waste diversion is quadruple the level in 1990, when the Integrated Waste Management Act (the Act) took effect. Since then, Californians have saved more than 230 million tons of natural resources from our landfills. The Act required every local jurisdiction to divert 50 percent of its waste from landfill beginning in the year 2000. Verification by the Board of local governments' success in meeting this requirement is now more than 80 percent complete, having begun in February 2002. More than 60 percent of California jurisdictions reviewed by the Board so far have met or exceeded the goal, achieving diversion rates as high as 91 percent. Cities and counties around the state--urban and rural, large and small--have surpassed the goal. With a population of 3.8 million, the City of Los Angeles diverted 60 percent of its solid waste away from landfills in 2000, saving an amazing 5.7 million tons of resources. Also in 2000, the bustling Bay Area city of Oakland diverted 52 percent; Riverside diverted 58 percent; Anaheim and Orange diverted 50 and 56 percent, respectively; Burbank diverted 63 percent; and Long Beach diverted 55 percent. Some jurisdictions have already set their individual diversion goals higher. Los Angeles, for example, is targeting 70 percent diversion by 2020. However, some of California's most energetic recyclers also include small communities in rural reaches of the state. Towns like rustic Fort Bragg (pop. 7,100) in Mendocino County, where solid waste diversion reached 52 percent in 2000, are good examples. Colfax (pop. 1,650) in Placer County diverted 65 percent, Big Bear Lake (pop. 6, 325) in San Bernardino County diverted 59 percent, and Maricopa (pop. 1,130) in Kern County diverted 62 percent. The 1,160 good citizens of Blue Lake in Humboldt County diverted 91 percent of their waste! To achieve their high diversion rates, jurisdictions have tailored new waste handling infrastructures from options that include curbside recycling, material recovery facilities, and composting operations, all supported by comprehensive waste prevention and public education efforts. To find out how all California jurisdictions are doing in meeting the 50 percent diversion goal, visit www.ciwmb.ca.gov/LGTools/mars/jurdrsta.asp. The six-member California Integrated Waste Management Board is responsible for protecting public health and safety and the environment through management of the estimated 72 million tons of solid waste generated in California each year. The Board works in partnership with local government, industry, and the public to reduce solid waste disposal and ensure environmentally safe landfills. California now diverts 48 percent of its solid waste away from disposal. For more information contact your Office of Local Assistance Contact or call (916) 341-6199 or visit the Board's 2002 Statewide diversion rate measurement Web page.