Agenda

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C. 64

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	February 22, 2022

Contra

Costa

County

Subject:

Termination of the Green Waste Exemption Program in Crockett and Port Costa

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/22/2022

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Justin Sullivan, (925) 655-2914

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: February 22, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

DIRECT the Department of Conservation and Development to terminate the green waste collection exemption program and all existing green waste service exemptions in the Crockett Garbage Service franchise area effective February 28, 2022.

FISCAL IMPACT:

No impact to the County General Fund. The costs for County staff time spent administering the Franchise Agreement and any related services are covered by solid waste/recycling collection franchise fees.

BACKGROUND:

On November 5, 1996, the County entered into an “Agreement for assignment and assumption of Franchise Agreement between Contra Costa County and Crockett Garbage Company” allowing Crockett Garbage Service to assume the Franchise Agreement between Crockett Garbage Company and Contra Costa County (Crockett Franchise). The Crockett Franchise Agreement governs the solid waste and recycling collection services provided in the communities of Crockett, Port Costa and Tormey.

BACKGROUND: (CONT'D)

In March 2001, the Board of Supervisors approved the following changes regarding the recycling collection services in this Franchise service area: (1) monthly collection of greenwaste in 64 gallon carts; (2) exemptions (up to 20%) for greenwaste service based on specified criteria; and (3) a mandatory greenwaste container per multiple units unless there is an approved exemption in place.

The Crockett Franchise Area is the only franchise where a greenwaste exemption program was established.

In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statues of 2016), establishing targets to reduce the statewide disposal of organics by 75% by 2025; and requires that not less than 20% of edible food that is currently disposed be recovered for human consumption. The state has adopted comprehensive regulations as a result of the passage of SB 1383, which impose a wide range of requirements on local jurisdictions (hereinafter referred to as the SB 1383 Regulations). The SB 1383 Regulations require Cities, Counties, and Special Districts providing solid waste collection services to provide an organics waste collection service to each of their residents and businesses.

The regulations also require jurisdictions to adopt an enforceable ordinance (or other enforceable mechanism) that would require generators to subscribe to and participate in the organics curbside collection service. Residents will be required to properly sort their organic waste into the correct containers or self-haul in a manner consistent with requirements.

The original exemptions were only intended to apply to greenwaste service. The current organics service includes other organic waste, like food and food-soiled paper. In order to comply with the SB 1383 regulations, the County must eliminate the greenwaste exemption program and all associated exemptions granted in the Crockett Franchise area.

CONSEQUENCE OF NEGATIVE ACTION:

If the County does not terminate this green waste exemption program, the County will not be in compliance with state regulations and potentially subject to penalties.