HomeMy WebLinkAbout10 RESPONSE TO GRAND JURY REPORT ENTITLED TALKING TRASH RECYCLABLES AND ORGANIC WASTEDocusign Envelope ID: 2DB419AB-B4BF-4B43-92C2-3C1F75CF57EC
• Agenda Item
AGENDA REPORT Reviewed:
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City Manager
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Finance Director
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MEETING DATE: JULY 16, 2024
TO: ALDO E. SCHINDLER, CITY MANAGER
FROM: MICHAEL GRISSO, ACTING DIRECTOR OF PUBLIC WORKS
SUBJECT: RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ENTITLED
"TALKING TRASH: RECYCLABLES AND ORGANIC WASTE"
SUMMARY
Response to the June 11, 2024 Orange County Grand Jury Report entitled "Talking Trash:
Recyclables and Organic Waste".
RECOMMENDATION
It is recommended that the City Council approve the attached response to the Orange County Grand
Jury, authorize the Mayor to sign the letter on behalf of the City Council, and direct the City Clerk to
submit the response.
FISCAL IMPACT
None.
BACKGROUND AND DISCUSSION
On June 11, 2024, the Orange County Grand Jury (Grand Jury) released a report entitled "Talking
Trash: Recyclables and Organic Waste", focused on how Orange County cities are implementing
Senate Bill 1383 (SB 1383) and its effects on single-family residential units. SB 1383 requires each
residential premises to properly sort trash, recyclables, and organics into appropriate hauler -provided
containers. A copy of the Grand Jury Report is included as Attachment 1 to this report.
The Grand Jury's initial focus was to answer the two questions listed below. However, the content
of the report provides additional relevant information.
1. What actions have Orange County jurisdictions taken to implement organics collection for their
residential customer, and how do they measure the success of these actions?
2. Given that one key to the success of SB 1383 is public participation, have local jurisdictions
conducted sufficient outreach and education?
Topics discussed in the report include an overview of SB 1383 and implementation challenges
reported by jurisdiction.
In compliance with California Penal Code §933.05(a) and (b), the City is required to provide a
response to each of the Grand Jury findings and recommendations directed to the City by September
10, 2024. The Grand Jury Report contains ten (10) findings and seven (7) recommendations requiring
a response by the City. The proposed City responses are included as Attachment 2 to this report for
City Council consideration with a recommendation for approval.
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Grand Jury Report Response
July 16, 2024
Page 2
Staff has proposed responses that generally reflect the following:
■ The City's 2019 contract with CR&R considered provisions of SB 1383 that were known at the
time, including container standards.
■ The City works in tandem with CR&R to determine which customers are non -compliant, but
City staff is responsible for sending Notices of Violation and citations if necessary.
■ The City is developing a year-round social media outreach campaign to supplement the
informational materials CR&R distributes.
■ The City of Tustin, like most other jurisdictions, is concerned about State -mandated
compost/mulch procurement targets. While a circular economy will be needed to sustain
California's organics recycling programs, requiring municipalities to purchase compost and
mulch that they do not need is an objectionable use of government resources.
V\.4 .,_0 C--,
Michael Grisso
Acting Director of Public Works
Attachments:
1. Orange County Grand Jury Report entitled "Talking Trash: Recyclables and Organic Waste"
2. Response Letter
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ATTACHMENT 1
Orange County Grand Jury Report entitled "Talking Trash:
Recyclables and Organic Waste"
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Talking Trash:
Recyclables and
Organic Waste
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GRAND JURY 2023-2024
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Talking Trash: Recyclables and Organic Waste
TABLE OF CONTENTS
SUMMARY...................................................................................................................... 3
BACKGROUND.............................................................................................................. 3
REASON FOR THE STUDY...........................................................................................4
METHOD OF STUDY...................................................................................................... 5
INVESTIGATION AND ANALYSIS.................................................................................6
Overviewof SB 1383.................................................................................................. 6
How Are Jurisdictions Impacted by SB 1383?........................................................ 7
Orange County Jurisdictions' SB 1383 Implementation Status ............................. 8
How do jurisdictions assess their own progress?..................................................... 8
Main Implementation Issues..................................................................................... 8
COMMENDATIONS......................................................................................................18
FINDINGS.....................................................................................................................18
RECOMMENDATIONS.................................................................................................19
RESPONSES................................................................................................................ 21
Responses Required............................................................................................... 22
Findings — 90 Day Response Required.................................................................. 22
Recommendations — 90 Day Response Required .................................................. 24
REFERENCES.............................................................................................................. 25
GLOSSARY.................................................................................................................. 26
APPENDICES............................................................................................................... 28
APPENDIX A — SURVEY RESULTS......................................................................... 28
APPENDIX B — CIRCULAR ECONOMY STARTS IN YOUR KITCHEN ................... 33
2023-2024 Orange County Grand Jury Page ii
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SUMMARY
In 2016, the State of California enacted Senate Bill (SB) 1383, requiring counties, cities,
and other organizations responsible for waste collection to coordinate with their
residents to divert organic waste, including food scraps, from the landfill waste disposal
stream. Another provision makes jurisdictions responsible for procuring a quantity of the
recovered organic waste products resulting from the diversion. The 2023-2024 Orange
County Grand Jury (OCGJ) investigated how Orange County jurisdictions are complying
with the requirements and goals of SB 1383 that impact single-family residential units.
The investigation revealed that the approaches to meeting SB 1383's requirements vary
greatly from jurisdiction to jurisdiction. The majority of Orange County jurisdictions have
not yet distributed residential waste containers that meet the SB 1383 standardization
requirements, leaving outdated labeling/embossing in place. Education and outreach
have not yet taken place at all in some jurisdictions. Even when information has been
disseminated in other jurisdictions, the methods disproportionately favor intermittent
paper mailings. Also, the State's unrealistic targets for the procurement of recycled
organic waste products do not account for a jurisdiction's population density or
geographic size, which frequently makes them extremely difficult to meet.
The local enforcement stage of SB 1383 started on January 1, 2024. However, the
majority of Orange County jurisdictions are unlikely to meet the SB 1383 targeted
seventy-five percent reduction in the amount of organic waste sent to landfills by
January 2025.
The OCGJ concludes there is a clear need to improve education and outreach efforts,
develop enforcement mechanisms and processes, and to coordinate and collaborate
among all jurisdictions to collectively address the challenges and to achieve the goals
and targets of SB 1383.
BACKGROUND
Organic waste comprises more than a third of the waste stream in California and
includes green waste, wood, food waste, and fibers such as paper and cardboard.
When left to decompose in landfills, organic waste releases large amounts of methane
gas which is harmful to the environment (CalRecycle, 2024). In September 2016, SB
1383 set reduction targets in a statewide effort to reduce emissions of Short -Lived
Climate Pollutants (SLCP) including methane. Simply put, this required all statewide
jurisdictions to implement mandatory organic waste collection and recycling to divert
organic waste from landfills. Another key benefit of the diversion of organic and other
recyclable material from landfills is the preservation of overall landfill capacity.
In 2014, the State conducted random sampling of twenty-six landfills, Material Recovery
Facilities (MRF), and Transfer Stations located in twenty-one of California's fifty-eight
counties (none in Orange County). The results were used to establish the baseline for
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the required reduction in organic waste destined for landfills. SB 1383 then set goals to
reduce organic waste sent to landfills below the 2014 baseline by fifty percent no later
than January 1, 2020, and seventy-five percent by January 1, 2025. However, despite
the law's requirements, the amount of organic waste sent to landfills statewide actually
increased by twenty-three percent above the 2014 baseline (Little Hoover Commission,
2023).
SB 1383 requires all jurisdictions to memorialize the bill's requirements in their
municipal codes and ordinances no later than January 1, 2022. One of the results of
these changes is that each jurisdiction had to amend or renegotiate their waste haulers'
franchise agreements to incorporate the new requirements.
In accordance with SB 1383, as of January 1, 2024, all jurisdictions (and therefore all
waste producers) will be subject to enforcement, including monetary fines. While SB
1383 has a myriad of requirements for commercial as well as residential waste
producers, the OCGJ narrowed its investigation to the impacts associated with local
jurisdiction compliance with SB 1383 on Orange County residents. This report focuses
on the specific requirements associated with SB 1383, the local actions taken so far to
meet those requirements, the success of those actions and how they are measured,
local agency outreach and education efforts, and the challenges that remain for the
County of Orange and the county's thirty-four cities.
REASON FOR THE STUDY
The organics diversion mandate under SB 1383 began to take effect in California on
January 1, 2022. This means that jurisdictions in California were required to implement
programs for the separation and diversion of organic waste, including food scraps, from
landfill disposal. The actual enforcement of this requirement started on January 1, 2024.
The OCGJ's intent was to take a closer look at how Orange County jurisdictions are
responding to this mandate, their successes and challenges, and the impact of this new
requirement on the Orange County residents.
The OCGJ initially focused on two questions:
• What actions have Orange County jurisdictions taken to implement organics
collection for their residential customers, and how do they measure the success
of these actions?
• Given that one key to the success of SB 1383 is public participation, have local
jurisdictions conducted sufficient outreach and education?
While investigating the answers to these questions, the OCGJ discovered additional
information about Orange County recycling and waste management that is notably
relevant to this topic and is included in this report.
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METHOD OF STUDY
The OCGJ toured several local waste facilities, including:
The Frank R. Bowerman landfill in Irvine, owned by the County of Orange and
managed and operated by OC Waste & Recycling (OCW&R). This enabled the
OCGJ to gain a better understanding of the refuse collection and disposal
process.
• The MRF operated by Rainbow Environmental Services, located at 17121
Nichols Lane in the city of Huntington Beach. This facility was previously
decommissioned then reopened on short notice when the newer Anaheim MRF
was destroyed by fire in February 2022.
The MRF operated by Waste Management, located at 2050 North Glassell Street
in the city of Orange. This tour allowed the OCGJ to gain information on the
operation of a newer, larger MRF.
The OCGJ reviewed SB 1383 and related documents, training videos, public meeting
recordings, and presentations available on the CalRecycle website.
The OCGJ reviewed online publications from various organizational and media sources
related to trash hauling and general operations of the waste and recycling industry and
conducted fourteen interviews with representatives from the waste industry, local
jurisdictions, and the State's enforcement agency.
The OCGJ also disseminated a nine -question survey to each of the thirty-four Orange
County cities and the County to obtain their perspectives on local implementation of SB
1383. Follow-up interviews were conducted with representatives of the same ten cities
included in the 2019-2020 OCGJ report "OC Recycling: Doing it the Right Way" and the
County for additional insight into each jurisdiction's implementation of, and compliance
with, SB 1383's requirements.
The OCGJ utilized the same sampling of ten cities as well as the County of Orange (for
its unincorporated areas) because they represent different geographical areas of the
county (from Brea in the north to Dana Point in the south) and reflect a variety of larger
cities by population and/or land area (e.g., Santa Ana, Irvine) and some that are smaller
(e.g., Buena Park, Mission Viejo).
Individual members of the OCGJ also observed the types and colors of carts, their
labeling, and their contents at various locations throughout the county. These
observations were documented via photographs to illustrate dissimilar details and
nuances among jurisdictions and haulers.
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INVESTIGATION AND ANALYSIS
Overview of SB 1383
SB 1383 set ambitious targets for reducing organic waste disposal in landfills from the
2014 baseline: fifty percent by January 2020 (which was not met), and seventy-five
percent by January 2025. Organic waste comprises more than half the waste stream in
California and includes green waste, wood, food waste, and fibers such as paper and
cardboard. When left to decompose in landfills, organic waste releases large amounts
of methane gas. The overall goal of the bill is to reduce greenhouse gas emissions by at
least four million metric tons per year by 2030 by requiring that "organics" going to the
landfill be reduced to 5.7 million metric tons by 2025.
This groundbreaking legislation is a statewide effort to reduce Short -Lived Climate
Pollutants (SLCPs). SLCPs such as methane, black carbon, tropospheric (ground level)
ozone, and hydrofluorocarbons remain in the atmosphere for a shorter time than carbon
dioxide but have a much stronger warming effect. Therefore, reducing SLCPs has the
potential to significantly slow global climate change in the near term (California Air
Resources Board, 2024). The State's efforts and policies are intended to substantially
increase the rate of organic material diversion away from landfills. This diversion goal is
meant to move the State towards the desired "circular economy" where organic waste is
collected, converted into new materials or products, and reused for other purposes.
Jan. 2019 January 1, 2025
September
2016
SQ 1383
Adopted
2016-2019 2020 2021
Figure 1
Jan. 1, 2022
MEMMEr—
Source: CalRecycle
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How Are Jurisdictions Impacted by SB 1383?
In this context, a jurisdiction may be a city, county, city and county, or special district
that collects solid waste.
The jurisdictions' responsibilities specified by SB 1383 relating to residential units
include (CalRecycle, 2024):
• Providing organics collection services to all residents
• Conducting education and outreach to community
• Procuring recyclable and recovered organic products
• Securing access to recycling capacity
• Monitoring compliance and conducting enforcement
SB 1383 contains a significant amount of detail regarding the types of allowable
collection programs. Critical requirements are listed below:
Each resident must subscribe to an organic waste collection service that either
"source -separates" the waste by using separate bins or transports all
unsegregated waste to a facility that recovers seventy-five percent of the organic
content collected.
• SB 1383 requires one of the following collection options:
A one -can system — all contents are transported to a facility that recovers
seventy-five percent of the organic content.
A two -can system — at least one of the containers (whichever includes organic
waste and garbage) must be transported to a facility that recovers seventy-
five percent of the organic content.
A three -can system — organic waste is required to be source separated
(recyclables in blue, food and yard waste in green).
Jurisdictions must also conduct education and outreach to all residents regarding
collection service requirements, contamination standards, self -haul requirements, and
overall compliance with SB 1383. Educational material must be linguistically accessible
to non-English speaking residents.
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Jurisdiction Responsibilities
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Recycling
and Conduct
and Edible
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Food
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Source: CalRecycle
Orange County Jurisdictions' SB 1383 Implementation Status
How do jurisdictions assess their own progress?
The OCGJ sent a ten -question survey to thirty-four cities and OC Waste & Recycling
(OCW&R) and received thirty-one responses. The purpose of the survey was to verify
how these agencies measure their progress on the implementation of various aspects of
SB 1383. Survey participants were asked to mark their progress on the scale from 1
(significant challenges) to 5 (excellent) for each of the questions. The survey questions
as well as more detailed information on responses and follow-up comments and
explanations is included in Appendix A.
Main Implementation Issues
To follow-up on the survey, the OCGJ conducted a series of interviews with jurisdictions
to learn more about their specific challenges in implementing SB 1383, successes,
concerns, and solutions to common issues. The eleven jurisdictions interviewed were
the same included in the 2019-2020 OCGJ report "OC Recycling: Doing it the Right
Way" representing different geographical areas of the county and a variety of
populations and/or land areas. Several themes emerged from the interviews:
• Container Standardization
SB 1383 requires standardized colors for residential and business curbside containers
(green for organics, blue for recyclables, and grey for trash). It also requires container
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labels on new containers. The color scheme for collection containers must meet either
of these requirements:
o The lid of the container is the correct designated color
o The body of the container is the correct designated color, and the lid is also
the same specified color or may be gray or black
Out of the eleven jurisdictions interviewed, only two have distributed containers that
meet the State requirements. However, jurisdictions are not required to replace
containers prior to January 1, 2036. Most are replacing their containers gradually over
time. The variety of colors used by various jurisdictions contributes to the confusion and
potentially increases contamination rates. In many cases, existing containers include
embossed information that is no longer accurate or labels with outdated information
(see examples below).
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Figure 3. The embossed information wrongly directs residents to put
plastic grocery bags in the recycling container. Photo: OCGJ
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Figure 4. The old sticker incorrectly directs residents to put shoes, clothes,
and other textiles in the recycling container. Photo: OCGJ
Figure 5. Outside label on the `green waste' container contains
no information regarding food scraps. Photo: OCGJ
The following two images of the "Food Scrap" container (outside and inside) were taken
by an OCGJ member in a public park. The contents of the container, which contains
unallowable items, such as plastic packaging, further underscores the need for clear
signage and more public education.
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Figure 6. Lid of the "Food Scraps" container in a public park from November 2023
showing correct information. Photo: OCGJ
Figure 7. Contents of the same "Food Scraps" container in the
public park from November 2023. Photo: OCGJ
2023-2024 Orange County Grand Jury Page 11
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Another standardization issue is that what is accepted for recycling varies among the
jurisdictions and haulers.
For example, some allow palm fronds into organics bins while others do not, and some
allow food scraps to be deposited in compostable bags while others do not, further
adding to the confusion.
• Funding and Enforcement
While conducting interviews with the Orange County jurisdictions, the OCGJ learned
that there are two approaches to funding their solid waste management programs
(including SB 1383 implementation activities): (1) using an enterprise fund; and (2)
using the general fund. Using an enterprise fund ensures that all revenues generated by
the solid waste management program are reinvested in that program rather than being
diverted into other needs of the jurisdiction.
Even though enforcement activities were effective starting January 1, 2024, jurisdictions
only conduct inspections and spot-checks of residential customers' organic and trash
containers using either "lid flipping" or smart trucks that record the contents of the
containers as they are being emptied. Haulers (via contracts) have been designated to
perform these functions. If residents are found to be in violation, the first step is to
provide them with additional educational materials and information. If the violation
persists, warning notices are issued. The final step is issuing fines. The penalties
imposed by a jurisdiction are based on Government Code Sections 53069.4, 25132,
and 36900, and are as follows:
First violation: $50-$100 per violation;
Second violation: $100-$200 per violation;
Third or subsequent violation: $250-$500 per violation
Penalties increase when an entity violates the same requirement within a one-year
period (CalRecycle, 2024).
While jurisdictions have yet to collect fines, some have not even established the
collection protocol or the account where collected fines will be deposited.
• Education and Outreach
Clearly, there is a need for more education and outreach. The success of SB 1383
implementation and the ability to reach the CalRecycle goal of a seventy-five percent
diversion rate depend largely on residents' compliance and behavior change. Education
and outreach is the first and most critical component of that change.
"The accuracy of consumer disposal decisions directly influences the
performance of the recycling system." (Christian Blanco C. S., 2023)
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Most interviewed jurisdictions collaborate with haulers to create and distribute
educational materials. Others also use consulting services for that purpose. Outreach
strategies, the number of outreach events and communications, as well as participation
rates vary greatly from jurisdiction to jurisdiction, but most rely heavily on paper
mailings, which may not be the most effective way of reaching the public. If combined
with junk mail, the educational material may go unread into a recycling bin, if not the
trash. Frequently, the information flyers are mailed together with hard -copy utility bills,
which may overlook those who subscribe to electronic billing.
As part of their outreach/education campaigns, some of the interviewed jurisdictions
purchased kitchen pails for recycling food scraps to distribute to some or all households.
These purchases were funded through SB 1383 assistance grants from CalRecycle,
which most of the Orange County jurisdictions applied for and received.
The OCGJ reviewed a sampling of educational materials being distributed by several
cities and concluded that the quality of these materials can range from highly
informative publications with accessible and attractive designs to flimsy "newsletters"
issued by haulers for their respective jurisdictions with graphics and instructions that are
barely legible.
Paper mailings have their role but represent only one of many possible outreach
methods. The recycling industry itself is embracing technological advancements,
including the use of Artificial Intelligence (AI), in waste sorting, predicting trends, the use
of smart hauler trucks and smart bins, as well as in outreach and education (Recycling
Inside, 2023).
According to Recycling Inside, "Al can play a pivotal role in educating the public about
recycling practices. Chatbots and virtual assistants powered by Al can provide real-time
guidance on waste disposal, recycling guidelines, and collection schedules. By
engaging with individuals through personalized interactions, Al -driven platforms can
raise awareness, promote recycling behavior, and facilitate proper waste management
at the consumer level."
According to research by the Recycling Partnership, "People have a misconception that
what is recyclable doesn't change. They are recycling incorrectly in some cases
because they are basing decisions on past guidelines and recycling knowledge such as
believing milk cartons are wax coated and should not be recycled, or envelopes with
windows should not be recycled. They think they know what they need to know about
recycling because that's what they've always known." (Center for Sustainable Behavior
& Impact, 2022)
More than seventy percent of people surveyed wish there was an easier way to
get information on what can and can't be recycled in their community. (Center for
Sustainable Behavior & Impact, 2022)
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Determining the success of their outreach efforts is another challenge that Orange
County jurisdictions are facing in the near future. Most jurisdictions need to determine
how to measure outreach efforts, as the enforcement started January 1, 2024. Having
common standards and methods to measure the success of public education and
compliance, and regularly posting this information on the jurisdiction's website related to
SB 1383 goals, will give the public an incentive to comply with SB 1383. However, in the
interim, there is a significant amount of visual evidence regarding the level of residents'
confusion as evidenced by the photo below. The photo is the amount of waste in the
first five hours of a workday that was improperly included in residential recyclable
containers and delivered to a MRF, where it had to be hand sorted out.
Figure 8: Waste improperly included in recyclable containers Photo: OCGJ
• Procurement of Recovered Organic Waste Products
Representatives from most of the jurisdictions the OCGJ interviewed indicated that
meeting the procurement requirements of SB 1383 is challenging. This is due to their
jurisdictions' State -calculated procurement targets far exceeding the quantity of
recovered organic waste products that they can utilize.
To comply with SB 1383, jurisdictions must procure recovered organic waste
products to meet an annual procurement target. Recovered organic waste
products include:
o Compost
o Mulch
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o Renewable energy (transportation fuel, electricity, and gas for heating)
from anaerobic digestion
o Electricity from biomass conversion
Each jurisdiction's procurement target is calculated by multiplying its population,
as reported by the California Department of Finance, by the per capita
procurement target (0.08 tons of organic waste per California resident per year).
The resulting procurement target can then be multiplied by product conversion
factors (as established by the regulations) to determine the annual procurement
requirements for recovered organic waste products.
Source: CalRecycle
As one of the survey respondents stated:
"Meeting the annual procurement target presents a significant challenge. In addition, the
formula used to calculate a jurisdiction's procurement target does not account for
density or square miles. Denser areas equal less space to distribute mulch or compost.
More people equals higher procurement target. "
As a result, a number of jurisdictions with high procurement targets had to use grant
funding to purchase the required amounts of compost/mulch. Because the required
target procurement amounts exceeded what they can utilize in their communities, they
had to distribute the compost/mulch (via hauler) to agricultural communities outside
Orange County. They also admitted that without grant funding, meeting the targets will
be even more difficult and will require diverting resources from their own communities or
raising rates.
The regulations limit procurement to "use or giveaway, and do not include the sale of
products [14CCR Section 18993.1(e)(1)] so jurisdictions cannot sell the procured
recovered organic waste products, such as compost, via a third party." (CalRecycle,
2022)
Renewable Natural Gas (RNG) is one of the products that can be counted towards
meeting a jurisdiction's procurement goal. Haulers operating in Orange County,
including Republic, CR&R, and Waste Management, utilize trucks powered by RNG.
However, in most cases the RNG they use is not purchased from an approved facility so
it cannot be counted towards the required procurement goal. CalRecycle maintains a list
of anaerobic digestion facilities in California to help jurisdictions find renewable gas that
may be eligible towards their SB 1383 procurement obligations.
Currently, this list contains only six facilities that produce Compressed Natural Gas
(CNG), which in this case is presumably compressed RNG. None of these facilities is
located in Orange County. The closest are located in Riverside County (Perris), San
Bernardino County (Victorville and Rialto), and San Diego County (Escondido).
The issue of RNG is further complicated by the fact that some sewage treatment plants
also produce RNG, which (according to CalRecycle) is mostly ineligible. Below is the
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information included in "Frequently Asked Questions" on RNG on the CalRecycle
website (CalRecycle, 2022):
Renewable gas derived solely from sewage is ineligible for meeting the
procurement target because a Publicly Owned Treatment Work (POTW) is not a
solid waste facility and therefore not in the scope of the legislative intent of SB
1383. Sewage is also not typically destined for a landfill, so its use does not help
achieve the landfill diversion goals.
However, Title 14 explicitly authorizes POTWs to accept food waste without a solid
waste facility permit, making it functionally similar to incentivizing biomethane from
a solid waste facility. Therefore, it is justifiable to allow the portion of renewable
gas resulting from the digestion of food waste at POTWs to count toward the
procurement targets, provided the POTW accepts food waste from specified
facilities or operations [see 14 CCR Section 18993.1(h)(1)] and meets all other
applicable regulatory requirements. For more information, please see the Final
Statement of Purpose and Necessity (pages 178-180).
The issue of procurement difficulties encountered by California jurisdictions is
mentioned in the Little Hoover Commission 2023 report on the implementation of SB
1383. The Commission recommended that "the state should expand the list of
compliance pathways and products eligible to count toward a jurisdiction's procurement
requirements." (Little Hoover Commission, 2023)
0 Coordination and Vision for the Future
In a county with thirty-four cities and several other jurisdictions, coordination,
collaboration, and sharing resources and best practices can be a challenge. The OCGJ
learned that county -wide groups meet on a regular basis, including a waste
management coordinators' group, a haulers' group, and a market development group.
Additionally, the OCGJ learned that OCW&R has assumed a leadership role in
positioning Orange County for a greener, more sustainable future.
OCW&R has a clear vision for a regional, county -wide approach to the implementation
of SB 1383, which includes not only organics and edible food strategies, but also market
creation and development, procurement and compliance, and regional standardization
and collaboration.
The details of their vision are outlined in the 2024 presentation to the legislative group,
which is available on the OCW&R website (OC Waste & Recycling, 2024).
The following slide has been taken from this presentation.
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ORNGE is the New Green — System Concept
4M
HOW
ORNGE
WORKS
0�i "
Residential
Organic Waste
CIRCULAR
ECONOMY RWW —
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Commercial
Organic Waste
In final draft stages for longterm plan.
+ ■■■■'0' *-auit
■
. i
■
■
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IP
0
Anaerobic
Co —Digestion:
Digestion 0
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• Phase2
Phase3 ■
Organics to Renewable Natural Gas and Energy
Current 3 Compost Facilities Built
Phase 1 Next stages of growth
Compost Healthy Soil
Solids Solar Farm
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401114
Renewable Natural Gas and Energy
10
Figure 9. Circular economy concept for Orange County Source: OCW&R
• Other Issues
Multi -family housing units: While not within the scope of this report, it should be noted
that services to multi -family units still pose a significant challenge. Jurisdictions are
required to provide organic waste collection to multi -family units. Many find it difficult to
provide a three -bin source -separated service to these units due to limited space.
Creative solutions, such as providing smaller organics containers or containers that are
placed in a common area to serve multiple units, have been utilized by Orange County
cities, but full compliance is difficult to achieve.
The cost of SIB 1383 implementation: The Little Hoover Commission Report states that
the gross cost of implementation was determined to be $40 billion between 2019 and
2030. (CalRecycle, 2019) "About 5 percent of this figure represents soft costs (i.e. the
work local jurisdictions must do to create organic waste programs, educate the public,
and ensure health, safety, and quality control measures are met). The other 95 percent
represents the cost of disposing of organic waste, including constructing infrastructure"
(Little Hoover Commission, 2023). Most Orange County jurisdictions interviewed by the
OCGJ indicated that they had to increase their residential and/or business waste
collection rates to cover the cost of expanded services mandated by SIB 1383.
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COMMENDATIONS
• County of Orange, OC Waste & Recycling is commended for having successfully
met SB 1383 mandates, developing new composting infrastructure, a model
education and outreach program, moving towards robust and repurposing
recycling programs, and developing gas -to -energy facilities to produce renewable
energy.
• City of Mission Viejo, Solid Waste Program is commended for their proactive
implementation of SB 1383 mandates, distributing compliant waste containers to
all residents, and producing a robust outreach and education program using
numerous delivery methods.
City of Santa Ana Public Works, Trash and Recycling Program is commended for
proactively revising their hauler contract to meet SB 1383 requirements,
producing a notable and ongoing outreach and education program, distributing
compliant waste containers to all residents, and fostering a highly collaborative
relationship with their hauler.
FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024
Grand Jury requires responses from each agency affected by the findings presented in
this section. The responses are to be submitted to the Presiding Judge of the Superior
Court.
Based on its investigation titled "Talking Trash: Recyclables and Organic Waste," the
2023-2024 Orange County Grand Jury has arrived at the following principal findings:
Container Standardization
F1. The majority of Orange County jurisdictions have not yet required their haulers to
distribute residential containers that meet the CalRecycle standardized colors,
leaving legacy and often incorrect or illegible labeling and embossing in place.
Funding and Enforcement
F2. While a jurisdiction may not delegate its overall responsibility for compliance with
State requirements to a hauler, some jurisdictions have designated the task of
imposing and collecting fines from residents to the hauler in accordance with
State law. However, not all jurisdictions are clear on who ultimately receives and
retains the collected fines.
F3. All jurisdictions will eventually start collecting fines from residents for non-
compliance, but some have not yet determined whether the revenues will go into
a waste and recycling enterprise fund or into the jurisdiction's general fund.
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Education and Outreach
F4. In most jurisdictions, education and outreach is a joint effort between jurisdiction,
hauler, and sometimes consultants, with the jurisdiction reviewing the materials
before publication. The methods of dissemination vary by jurisdiction and hauler
but frequently rely on a resident actively seeking the information, which requires
the resident to have some awareness of the new mandates in the first place.
Most efforts primarily revolve around intermittent hard -copy paper mailings.
F5. Most jurisdictions currently have no way to accurately determine the
effectiveness of their respective education and outreach efforts other than the
eventual inspections or audits that will take place.
Procurement of Recovered Organic Waste Products
F6. There is some concern that there are not enough composting facilities in Orange
County to process all organic waste, forcing some jurisdictions/haulers to
transport it long distances for processing.
F7. There is currently no infrastructure in the county that is a State -approved source
of Renewable Natural Gas (RNG) and energy from organic waste. Jurisdictions
that use vehicles running on RNG procured from non -approved sources cannot
count that RNG towards fulfillment of their procurement requirement.
F8. The formula used by the State to calculate a jurisdiction's procurement target
does not account for a jurisdiction's population density or geographic size
(square miles). As such, meeting the annual procurement target presents a
significant challenge for most jurisdictions.
F9. Many Orange County jurisdictions were unable to meet the requirement in SB
1383 to reduce organic waste sent to landfills by the 2020 deadline. It is unlikely
the required seventy-five percent reduction will be achieved by the 2025
deadline.
F10. The current procurement requirements mandated by SIB 1383 are unrealistic and
likely unachievable by most jurisdictions.
RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024
Grand Jury requires responses from each agency affected by the recommendations
presented in this section. The responses are to be submitted to the Presiding Judge of
the Superior Court.
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Based on its investigation titled "Talking Trash: Recyclables and Organic Waste," the
2023-2024 Orange County Grand Jury makes the following recommendations:
Container Standardization
R1. All jurisdictions should expedite the acquisition and distribution of residential
containers that meet the CalRecycle standardized colors. Additionally, until the
compliant containers can be distributed, all jurisdictions should ensure the
distribution of labeling for non -compliant containers that explain the current SB
1383 requirements applicable to their jurisdiction by June 30, 2025.
Funding and Enforcement
R2. By December 31, 2024, all jurisdictions should ensure their waste hauling
agreements are in compliance with State statute so that haulers may be
designated to perform certain required tasks but are not improperly delegated
overall responsibility for compliance. Additionally, all jurisdictions should ensure
that any fines collected by a hauler are forwarded to the jurisdiction.
R3. The OCGJ recommends that all jurisdictions utilize a dedicated waste and
recycling enterprise fund for collection of fines for non-compliance with SB 1383
by December 31, 2024.
Education and Outreach
R4. By December 31, 2024, all jurisdictions should diversify the methods and media
used for education and outreach to include, among others, various social media
platforms, emails to residents, newspaper, television, flyer mailings, community
events, and appearances at other public gatherings.
R5. By December 31, 2024, and in order to gauge the effectiveness of their
education and outreach efforts, all jurisdictions should develop new methods to
engage residents directly to help determine their awareness of the requirements
associated with SB 1383, such as surveys, online quizzes, and door-to-door
polling.
Procurement of Recovered Organic Waste Products
R6. By June 30, 2025, the OCGJ recommends that all jurisdictions participate in the
OCW&R-led efforts to develop a coordinated county -wide approach to the
organics recycling infrastructure and programs as well as procurement
requirements associated with SB 1383, working towards creating circular
economy as a long-term goal.
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R7. By December 31, 2024, the Orange County Board of Supervisors and all Orange
County cities should lobby appropriate members of the State Legislature and/or
CalRecycle to revise the organic waste diversion targets to better reflect Orange
County's waste amounts, revise the jurisdictions' procurement requirements to
better represent the limited options currently available for procurement,
the jurisdictions' varying populations, population densities, and geographic size,
and to delay associated enforcement actions by the State.
RESPONSES
The following excerpts from the California Penal Code provide the requirements for
public agencies to respond to the Findings and Recommendations of this Grand Jury
report:
Section 933
(c) No later than 90 days after the grand jury submits a final report on the operations of
any public agency subject to its reviewing authority, the governing body of the public
agency shall comment to the presiding judge of the superior court on the findings and
recommendations pertaining to matters under the control of the governing body, and
every elected county officer or agency head for which the grand jury has responsibility
pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the
superior court, with an information copy sent to the board of supervisors, on the findings
and recommendations pertaining to matters under the control of that county officer or
agency head and any agency or agencies which that officer or agency head supervises
or controls. In any city and county, the mayor shall also comment on the findings and
recommendations. All of these comments and reports shall forthwith be submitted to the
presiding judge of the superior court who impaneled the grand jury. A copy of all
responses to grand jury reports shall be placed on file with the clerk of the public
agency and the office of the county clerk, or the mayor when applicable, and shall
remain on file in those offices. One copy shall be placed on file with the applicable
grand jury final report by, and in the control of the currently impaneled grand jury, where
it shall be maintained for a minimum of five years.
Section 933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the
responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the
response shall specify the portion of the finding that is disputed and shall
include an explanation of the reasons thereof.
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(b) For purposes of subdivision (b) of Section 933, as to each grand jury
recommendation, the responding person or entity shall report one of the following
actions:
(1) The recommendation has been implemented, with a summary regarding the
implemented action.
(2) The recommendation has not yet been implemented, but will be implemented
in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the
scope and parameters of an analysis or study, and a timeframe for the matter
to be prepared for discussion by the officer or head of the agency or
department being investigated or reviewed, including the governing body of the
public agency when applicable. This timeframe shall not exceed six months
from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is
not reasonable, with an explanation, thereof.
Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code
Section 933.05 are required from:
Findings - 90 Day Response Required
OC Board of Supervisors: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
City Councils of:
Aliso Viejo F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Anaheim F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Brea F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Buena Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Costa Mesa F 1, F2, F3, F4, F5, F6, F7, F8, F9, F 10
Cypress F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Dana Point F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Fullerton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
2023-2024 Orange County Grand Jury Page 22
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Garden Grove
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Huntington Beach
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Irvine
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
La Habra
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
La Palma
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Beach
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Hills
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Niguel
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Woods
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Lake Forest
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Los Alamitos
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Mission Viejo
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Newport Beach
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Orange
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Placentia
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Rancho Santa Margarita
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
San Clemente
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
San Juan Capistrano
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Seal Beach
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Stanton
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Tustin
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Villa Park
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Westminster
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
2023-2024 Orange County Grand Jury Page 23
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Yorba Linda
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Recommendations - 90 Day Response Required
OC Board of Supervisors:
R1, R2, R3, R4, R5, R6, R7
City Councils of:
Aliso Viejo
R1, R2, R3, R4, R5, R6, R7
Anaheim
R1, R2, R3, R4, R5, R6, R7
Brea
R1, R2, R3, R4, R5, R6, R7
Buena Park
R1, R2, R3, R4, R5, R6, R7
Costa Mesa
R1, R2, R3, R4, R5, R6, R7
Cypress
R1, R2, R3, R4, R5, R6, R7
Dana Point
R1, R2, R3, R4, R5, R6, R7
Fountain Valley
R1, R2, R3, R4, R5, R6, R7
Fullerton
R1, R2, R3, R4, R5, R6, R7
Garden Grove
R1, R2, R3, R4, R5, R6, R7
Huntington Beach
R1, R2, R3, R4, R5, R6, R7
Irvine
R1, R2, R3, R4, R5, R6, R7
La Habra
R1, R2, R3, R4, R5, R6, R7
La Palma
R1, R2, R3, R4, R5, R6, R7
Laguna Beach
R1, R2, R3, R4, R5, R6, R7
Laguna Hills
R1, R2, R3, R4, R5, R6, R7
Laguna Niguel
R1, R2, R3, R4, R5, R6, R7
Laguna Woods
R1, R2, R3, R4, R5, R6, R7
Lake Forest
R1, R2, R3, R4, R5, R6, R7
Los Alamitos
R1, R2, R3, R4, R5, R6, R7
Mission Viejo
R1, R2, R3, R4, R5, R6, R7
Newport Beach
R1, R2, R3, R4, R5, R6, R7
Orange
R1, R2, R3, R4, R5, R6, R7
2023-2024 Orange County Grand Jury Page 24
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Placentia
Rancho Santa Margarita
San Clemente
San Juan Capistrano
Seal Beach
Stanton
Tustin
Villa Park
Westminster
Yorba Linda
REFERENCES
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
California Air Resources Board. (2024). Short -Lived Climate Pollutants. Retrieved from
https://ww2.arb.ca.gov/our-work/programs/slcp/about
CalRecycle. (2019, October 2). Initial Statement of Reasons Appendix A: Cost Update.
Retrieved from CalRecycle: https://www2.calrecVcle.ca.gov/Docs/Web/115980
CalRecycle. (2022, December 5). Procurement Questions and Answers. Retrieved from
CalRecycle: https://calrecVcle.ca.gov/organics/slcp/fag/recVcledproducts /
CalRecycle. (2023). SB1383 Education and Outreach Resources. Retrieved from
CalRecicle: httos://calrecvcle.ca.aov/oraanics/slcD/education/
CalRecycle. (2024). 2022 State of Disposal and Recycling Report. Sacramento:
Department of Resources Recycling and Recovery (CalRecycle). Retrieved from
https://www2.calrecVcle.ca.gov/Publications/Details/1732
CalRecycle. (2024). Enforcement Questions and Answers. Retrieved from
https://calrecycle.ca.gov/organics/slcp/fag/enforcement/
CalRecycle. (2024). SB 1383 Education and Outreach Resources. Retrieved from
https://calrecycle.ca.gov/organics/slcp/education/
2023-2024 Orange County Grand Jury Page 25
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Center for Sustainable Behavior & Impact. (2022). Consumer Insights on Packaging,
Labels, and Claims for Recycling. The Recycling Partnership. Retrieved from
https://recyclinqpartnership.org/wp-
content/uploads/dlm uploads/2023/06/Consumer Labeling Research Final.pdf
Christian Blanco, C. S. (2023, May 30). America's Broken Recycling System. Retrieved
from California Management Review: https://cmr.berkeley.edu/2023/05/america-
s-broken-recycling-s s
Christian Blanco, C. S. (2023, May 30). Is it Time to Consider a National Recycling
Standard? California Management Review. Retrieved from
https://cmr.berkeley.edu/2023/05/is-it-time-to-consider-a-national-recycling-
standard /
Little Hoover Commission. (2023). Reducing California's Landfill Methane Emissions:
SB1383 Implementation. Sacramento: Little Hoover Commission.
Mouchard, A. (2024, May 4). Tech meets trash in Orange County's landfill future.
Orange County Register. Retrieved from
https://www. ocreg ister. com/2024/05/04/tech-meets-trash-i n-orange-cou ntys-
landfill-future/
OC Waste & Recycling. (2024). OCW&R. Retrieved from OCW&R:
https:Hociandfills.com/sites/ocwr/files/2024-
03/1383%201MAGINE%20WHAT%20CAN%20BE%20Presentaiton.pdf
Recycling Inside. (2023, June 2). Revolutionizing Recycling: The Relevance of Artificial
Intelligence in the Recycling Industry. Retrieved from
https://recyclinginside.com/the-relevance-of-artificial-intelligence-in-the-recycling-
industry/
Savage, S. (2023, February 16). Forbes. Retrieved from
https://www.forbes.com/s ites/stevensavage/2023/02/16/the -go lden-states-
circular-economy-goals-is-that-oust-california-dreamin-or-the-
futu re/?sh=95c357338e58
GLOSSARY
AB Assembly Bill
CalRecycle California Department of Resources Recycling and Recovery
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Circular Economy Current economic models consist of acquiring materials, making
them into products, and then those products become waste. A
circular economy reduces material use, redesigns materials and
products to be less resource intensive, and recaptures "waste" as a
resource to manufacture new materials and products.
Compost Compost is made from a variety of organic materials and is used to
add nutrients and improve soil structure by mixing it into the soil.
Mulch Mulch is typically made from a single material like straw, grass
clippings, or wood chips and is spread on top of the soil to suppress
weeds, retain moisture, regulate soil temperature, and protect plant
roots.
MRF Material Recovery Facility
OCGJ Orange County Grand Jury
OCW&R OC Waste & Recycling, a department of the County of Orange
Organic Waste Solid wastes originated from living organisms and their metabolic
waste products, and from petroleum, which contain naturally
produced organic compounds, and which are biologically
decomposable by microbial and fungal action into the constituent
compounds of water, carbon dioxide, and other simpler organic
compounds. Sometimes called biodegradable waste.
ORNGE Organics to Natural Gas and Energy
POTW Publicly Owned Treatment Work
Recycling Using waste as material to manufacture a new product. Recycling
involves altering the physical form of an object or material and
making a new object from the altered material.
RNG
SB
SLCP
Solid Waste
Waste
Renewable Natural Gas
Senate Bill
Short -Lived Climate Pollutants
Discarded or abandoned materials. Solid wastes can be solid,
liquid, semi -solid or containerized gaseous material.
Objects or materials for which no use or reuse is intended.
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APPENDICES
APPENDIX A - SURVEY RESULTS
Survey participants were asked to mark their progress on a scale from 1 (significant
challenges) to 5 (excellent progress) for each of the nine questions. On the following bar
graphs, the `x' axis (horizontal) depicts the rating scale from 1 to 5. The `y' axis (vertical)
represents the number of respondents that gave themselves a particular rating.
Was your city successful in meeting the goal of reducing organic waste disposal 50% by
2020?
2.79
Average Rating
Are you confident that your city will meet the goal of reducing organic waste 75% by
2025?
to
a
a
7
} �y 5
7.40 5
Average Rating •
3
2
1
0
1 2 3 d
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How would you rate your city's success in providing organic waste collection services to
all residents?
•a
12
16
3.97
fi
Average Rating
a
2
How successful is your city in recycling these organic materials?
14
12
10
4.17
Average Rating fi
a
z
C
How would you rate your confidence that city residents have been educated to have
sufficient knowledge of the composting requirements (and associated restrictions) with
the proper disposal of yard trimmings and food scraps?
3.60
Average Rating
M
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How successful was your city in procuring a quantity of recovered organic waste
products annually?
12
10
3.31
Average Rating
How would you rate your city's success in meeting the record -keeping requirements
associated with SB1383, including but not limited to, inspection and enforcement,
compliance reviews, investigation of complaints, and alleged violations?
9
B
7
[]
6
3.90 5
Average Rating d
3
How satisfied are you that your current agreements(s) with the hauler(s) that service
your city are adequate to comply with all provisions of residential services required by
S B 1383?
15
14
12
10
3.93
Average Rating 6
d
1 2 2 d
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Are your city's current staffing levels that are, or will become, responsible for all aspects
of full SB1383 compliance adequate to meet the tasks at hand?
3.48 a
Average Rating 3
2
4
The following examples of additional comments or explanations for their answers to the
questions above were provided by survey respondents:
"Comprehensive implementation and effective management of SB 1383 would require
additional resources and financial support. Despite our jurisdiction's] proactive
approach, including securing a new hauler/franchise agreement ... that aligns with SB
1383's requirements and achieving near -complete adoption of these guidelines, there
remains a widespread reluctance towards organic recycling. Ongoing educational
efforts are in place and will continue; however, achieving significant behavioral change
and compliance will require additional resources. "
"[Our jurisdiction has] been working on compliance regarding SB 1383 with new
franchise agreements, building out local infrastructure, meeting the SB 619 procurement
targets, providing education and outreach, programs are being implemented to
incrementally improve participation and increase diversion. We are increasing staffing
levels to help with continued support for compliance as it requires increased effort for
more inspections, waste characterizations, more education and outreach, further
program development, market creation and development for compost and mulch,
inspections, education, and enforcement support. Although meeting the 75% goal
requires more heavy lifting, 1 anticipate we will see incremental improvements from our
efforts. "
"SB 1383 has proven to challenge the recycling habits of many throughout the
jurisdiction]. Through updated franchise agreements ... and CalRecycle grant funding,
we have been able to educate and encourage change in disposal habits as required via
SB 1383. Additional outreach outlining the requirements and benefits of recycling
organic material will be key in successfully transitioning residents and business owners
to recycle organic material."
"[We] started a new franchise agreement after an RFP process .... This allowed us to
incorporate all hauler -related SB 1383 compliance activities and select an innovative
2023-2024 Orange County Grand Jury Page 31
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Talking Trash: Recyclables and Organic Waste
organic waste collection program. We are facing procurement challenges as energy
related products are not readily available (particularly) RNG for collection vehicles.
Staffing may prove to be a challenge, depending upon the amount of complaints,
inspections, and enforcement actions we are required to address."
"Procurement his our] biggest challenge."
"Our agreement with [the hauler] required that they implement 1383 compliant
programming immediately for residential. It also includes education/outreach,
contamination monitoring, purchase or compost/mulch on our behalf. Residential 3-cart
was implemented on day one of the agreement. However, even with education,
residents are hesitant to participate with food in the organics container due to not being
allowed to use compostable bags and therefore attracting bugs and vermin."
"Meeting the annual procurement target presents a significant challenge. [The hauler's]
collection trucks are fueled with RNG. The RNG purchased is California produced,
though not SB 1383 qualified. In addition, the formula used to calculate a jurisdiction's
procurement target does not count for density or square miles. Denser areas equal less
space to distribute mulch or compost. More people equals higher procurement target."
"As with any new program where you need to change habits and behavior, it is going to
a long-term project to get adults in the habit of separating their food scraps. State of CA
should implement a statewide outreach campaign, and not just rely on local jurisdictions
to provide all the outreach."
2023-2024 Orange County Grand Jury Page 32
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Talking Trash: Recyclables and Organic Waste
APPENDIX B - CIRCULAR ECONOMY STARTS IN YOUR KITCHEN
ircula conomy at work
2023-2024 Orange County Grand Jury Page 33
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ATTACHMENT 2
Response Letter
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X00 _ OFFICE OF THE CITY COUNCIL
LI Remembering h nn what connects us.
July 16, 2024
Honorable Maria Hernandez, Presiding Judge
Superior Court of California, County of Orange
700 Civic Center Drive West
Santa Ana, CA 92701
RE: Response to 2023-2024 Orange County Grand Jury Report "Talking Trash:
Recyclables and Organic Waste"
Dear Judge Hernandez,
The City of Tustin has reviewed the Orange County Grand Jury Report titled "Talking Trash:
Recyclables and Organic Waste". In accordance with California Penal Code §933.05(a) and (b),
the City of Tustin submits the following response to the findings and recommendations included
within the report. Each of the applicable findings and recommendations is listed below in italics,
followed by the City's response.
Findings:
F1: The majority of Orange Countyjurisdictions have not yet required their haulers to
distribute residential containers that meet the CalRecycle standardized colors, leaving legacy
and often incorrect or illegible labeling and embossing in place.
Response: The City of Tustin partially disagrees with the finding. The Grand Jury's Report is
based on 11 jurisdictions interviewed. Whether the majority of Orange Counties jurisdictions have
required their hauler to distribute new containers and whether the containers meet the
requirements for SB 1383 is not known to the City of Tustin.
F2.- While a jurisdiction may not delegate its overall responsibility for compliance with State
requirements to a hauler, some jurisdictions have designated the task of imposing and collecting
fines from residents to the hauler in accordance with State law. However, not all jurisdictions are
clear on who ultimately receives and retains the collected fines.
MAYOR AUSTIN LUMBARD . MAYOR PRO TEM RYAN GALLAGHER . LETITIA CLARK . REBECCA "BECKIE" GOMEZ • RAY SCHNELL
300 Centennial Way, Tustin, CA 92780 o 714-573-3010 • tustinca.org
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Response: The City of Tustin partially disagrees with the finding. The Grand Jury's Report is
based on 11 jurisdictions interviewed. It is not known to the City of Tustin how other Orange
Counties jurisdictions are enforcing the requirements of SB 1383 and how citation revenue is
being collected.
F3: All jurisdictions will eventually start collecting fines from residents for noncompliance, but
some have not yet determined whether the revenues will go into a waste and recycling enterprise
fund or into the jurisdiction's general fund.
Response: The City of Tustin partially disagrees with the finding. The Grand Jury's Report is
based on 11 jurisdictions interviewed. It is not known to the City of Tustin how other Orange
County jurisdictions are accounting for citation revenue.
F4: In mostjurisdictions, education and outreach is a joint effort between jurisdiction, hauler,
and sometimes consultants, with the jurisdiction reviewing the materials before publication.
The methods of dissemination vary byjurisdiction and hauler but frequently rely on a resident
activelyseeking the information, which requires the resident to have some awareness of the
new mandates in the first place. Most efforts primarily revolve around intermittent hard -copy
paper mailings.
Response: The City of Tustin partially disagrees with the finding. The Grand Jury's Report is
based on 11 jurisdictions interviewed. It is not known to the City of Tustin how education and
outreach is being conducted by other Orange County jurisdictions.
F5: Mostjurisdictions currently have no way to accurately determine the effectiveness of their
respective education and outreach efforts other than the eventual inspections or audits that
will take place.
Response: The City of Tustin partially disagrees with the finding. The Grand Jury's Report is
based on 11 jurisdictions interviewed. It is not known to the City of Tustin how the effectiveness
of education and outreach is being measured by other Orange County jurisdictions.
F6.- There is some concern that there are not enough composting facilities in Orange County
to process all organic waste, forcing some jurisdictions/haulers to transport it long distances
for processing.
Response: The City of Tustin partially disagrees with the finding. The Grand Jury's Report is
based on 11 jurisdictions interviewed. It is not known to the City of Tustin if the other Orange
County jurisdictions are concerned about the availability of composting facilities in Orange County.
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F7.- There is currently no infrastructure in the county that is a State -approved source of
Renewable Natural Gas (RNG) and energy from organic waste. Jurisdictions that use vehicles
running on RNG procured from non -approved sources cannot count that RNG towards
fulfillment of their procurement requirement.
Response: Agree.
FS: The formula used by the State to calculate a jurisdiction's procurement target does not
account for a jurisdiction's population density orgeographic size (square miles). As such,
meeting the annual procurement target presents a significant challenge for mostjurisdictions.
Response: Agree.
Fg: Many Orange Countyjurisdictions were unable to meet the requirement in SB 1383 to
reduce organic waste sent to landfills by the 2020 deadline. it is unlikely the required
seventy-five percent reduction will be achieved by the 2025 deadline.
Response: Agree.
F10: The current procurement requirements mandated by SB 1383 are unrealistic and likely
unachievable by mostjurisdictions.
Response: Agree.
Recommendations:
R1: All jurisdictions should expedite the acquisition and distribution of residential containers
that meet the CalRecycle standardized colors. Additionally, until the compliant containers can
be distributed, all jurisdictions should ensure the distribution of labeling for non -compliant
containers that explain the current SB 1383 requirements applicable to theirjurisdiction by
June 30, 2025.
Response: The recommendation has been implemented. The City's contract with CR&R became
effective on April 1, 2019 and required all customers receive new containers labelled according to
the processing facility capabilities.
R2: By December 31, 2024, all jurisdictions should ensure their waste hauling agreements
are in compliance with State statute so that haulers may be designated to perform certain
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required tasks but are not improperly delegated overall responsibility for compliance.
Additionally, all jurisdictions should ensure that any fines collected by a hauler are forwarded
to the jurisdiction.
Response: The recommendation has been implemented. The City's contract with CR&R became
effective on April 1, 2019 and considered provisions of SB 1383 that were known at the time,
including inspection, monitoring and education. CR&R is not obligated to perform enforcement
activities. Public Works staff, as the program administrator, sends a Notice of Violation providing
the property owner with 15 days to correct a violation. Should the violation not be remedied, the
City's Code Enforcement personnel will issue citations until compliance is achieved.
R3: The OCGJ recommends that all jurisdictions utilize a dedicated waste and recycling
enterprise fund for collection of fines for non-compliance with SB 1383 by December 31,
2024.
Response: The recommendation has not been implemented, but will be by December 31, 2024.
R4: By December 31, 2024, all jurisdictions should diversify the methods and media used for
education and outreach to include, among others, various social media platforms, emails to
residents, newspaper, television, flyer mailings, community events, and appearances at other
public gatherings.
Response: The recommendation has been implemented. CR&R provides each customer with
relevant environmental information with quarterly billing and participates in community events
each year. They staff booths and engage with residents on a variety of topics, including how to
properly sort materials to ensure recyclability. The City of Tustin has developed a year-round
social media outreach campaign to supplement CR&R's efforts.
R5.• By December 31, 2024, and in order to gauge the effectiveness of their education and
outreach efforts, all jurisdictions should develop new methods to engage residents directly to
help determine their awareness of the requirements associated with SB 1383, such as
surveys, online quizzes, and door-to-door polling.
Response: The recommendation has not yet been implemented, but will be implemented in the
future. The City's social media outreach campaign just begun and an effort to determine its
effectiveness will occur after one year.
R6.• ByJune 30, 2025, the OCGJ recommends that all jurisdictions participate in the OCW&R-
led efforts to develop a coordinated county -wide approach to the organics recycling
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infrastructure and programs as well as procurement requirements associated with SB 1383,
working towards creating circular economy as a long-term goal.
Response: The recommendation has been implemented. The City of Tustin has and will continue
to partner with OCWR to develop a county -wide approach to organics recycling.
R7.• By December 31, 2024, the Orange County Board of Supervisors and all Orange County
cities should lobby appropriate members of the State Legislature and/or CalRecycle to revise
the organic waste diversion targets to better reflect Orange County's waste amounts, revise
the jurisdictions' procurement requirements to better represent the limited options currently
available for procurement, the jurisdictions' varying populations, population densities, and
geographic size, and to delay associated enforcement actions by the State.
Response: This recommendation requires further analysis to determine how such a change to the
SB 1383 legislation would be implemented. The City of Tustin will contact members of the
legislature representing Tustin to discuss modifications to jurisdictions' procurement requirements,
including a delay to enforcement actions, in the six months from the date of publication of the
grand jury report.
Should you have any questions or need any additional information, please contact Acting
Assistant Director of Public Works, Stacey Cuevas, at (714) 573-3037 or via email at
scuevas(@tustinca.org.
Respectfully,
Austin Lumbard, Mayor
cc: Orange County Grand Jury
700 Civic Center West
Santa Ana, CA 92701