To: Board of Supervisors
From: Solid Waste
Meeting Date: June 7, 2022
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Department Contact: |
Howard N. Dashiell |
Phone: |
463-4363 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of Ordinance Repealing and Replacing in its Entirety Mendocino County Code Title 9A - Solid Waste, and Amending Mendocino County Code Chapter 18.25 - Regulations for Collecting and Loading Recyclable Materials in Development Projects, and Chapter 18.35 - Construction and Demolition Recycling and Reuse (Countywide)
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Recommended Action/Motion:
recommendation
Adopt ordinance repealing and replacing in its entirety Mendocino County Code Title 9A - Solid Waste and amending Mendocino County Code Chapter 18.25 - Regulations for Collecting and Loading Recyclable Materials in Development Projects, and Chapter 18.35 - Construction and Demolition Recycling and Reuse (Countywide); and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
Title 9A of Mendocino County Code was amended in its entirety by Ordinance Number (No.) 3893, adopted on September 27, 1994. Individual chapters and sections of Title 9A have been amended in different years; by Ordinance No. 4040 in 1999; by Ordinance No. 4084 in 2002; by Ordinance No. 4105 in 2002; and by Ordinance No. 4312 in 2013. This introduction and waived first reading of this Ordinance took place on May 3, 2022.
Summary of Request:
Mendocino County Department of Transportation (MCDoT) proposes repealing and replacing in its entirety Mendocino County Code (MCC) Title 9A - Solid Waste. Under the new Senate Bill (SB) 1383 Regulations - Short-lived Climate Pollutants: Organic Waste Reductions (“Regulations”), effective January 1, 2022, the County is required to adopt an enforceable ordinance to mandate that organic waste generators, haulers and other entities subject to the Regulations, and to the County’s authority, comply with the Regulations. Additionally, the requirements of Assembly Bill 341 (Mandatory Commercial Recycling) and AB 1826 (Mandatory Commercial Organics Recycling) were signed into law in 2011 and 2014, respectively, but were never added to MCC and are now being incorporated. As many of the new requirements either replace or conflict with older requirements, MCDoT recommends repealing and replacing Title 9A in its entirety in order to bring the solid waste requirements of Mendocino County Code completely up-to-date and reconcile it with current operations of the County’s solid waste system. MCDoT staff has prepared a draft Ordinance for the Board’s consideration.
The proposed ordinance also amends MCC Chapter 18.25 - Regulations for Collecting and Loading Recyclable Materials in Development Projects, and MCC Chapter 18.35 - Construction and Demolition Recycling and Reuse, to incorporate requirements of Senate Bill 1383 related to development projects.
The proposed ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The proposed Ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 as an action by a regulatory agency (the County, in this case) taken to protect the environment and natural resources. The proposed Ordinance represents action taken by the County, requiring compliance with measures consistent with CalRecycle’s SB 1383 Regulations, to divert organic waste from landfill disposal, thereby reducing greenhouse gas emissions generated by organic landfill waste as part of a statewide effort to combat climate change. Additionally, the proposed Ordinance requires development projects to comply with specific sections of California Green Building Standards Code and the Model Water Efficient Landscape Ordinance which promote a reduction in natural resource waste through recycling and repurposing of organic waste. Furthermore, none of the exceptions under CEQA Guidelines Section 15300.2 are applicable to the proposed Ordinance. MCDoT will post a notice of exemption in accordance with these findings following the Board’s action to adopt the proposed ordinance.
Alternative Action/Motion:
Do not amend the County Code as submitted; provide direction to staff.
Does This Item Support the General Plan? Yes
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: <https://www.calrecycle.ca.gov/organics/slcp>
Fiscal Details:
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source of funding: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Judy Morris, Deputy CEO |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Deputy Clerk II |
Final Status:Adopted |
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Date: June 9, 2022 |
Executed Item Type: Ordinance Number: 4506 |
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