AGENDA ITEM NO. 10.3 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA TITLE: Consider an ordinance amending Elk Grove Municipal Code Title 30 related to Solid Waste Management, Sections 30.10.010, 30.40.50, 30.50.070, 30.60.130, and 30.90.080 MEETING DATE: January 9, 2019 PREPARED BY: Christian Punsal, Integrated Waste Coordinator Heather L. Neff, Integrated Waste Manager DEPARTMENT HEAD: Robert Murdoch, P.E., Public Works Director/ City Engineer RECOMMENDED ACTION: Staff recommends the City Council introduce and waive the full reading, by substitution of title only, an ordinance amending Elk Grove Municipal Code (EGMC) Title 30 Solid Waste Management, Sections 30.10.010, 30.40.050, 30.50.070, 30.60.130, and 30.90.080. BACKGROUND INFORMATION: The proposed amendment to EGMC Title 30 addresses a new California law, which requires local governments to divert green material from landfills. Existing law authorizes green waste to be used as an Alternative Daily Cover (ADC) at landfills and exempts green waste from a statewide disposal fee. This exemption encourages the use of green material for ADC instead of other more environmentally friendly uses such as composting. There are several additional proposed amendments to EGMC Title 30 that constitute related changes, as well as some clarifications and clean-up items. These include minor amendments to the definition of “dispose”, addition of the definition for “compostable materials”, and streamlining administrative processes. 1 Elk Grove City Council January 9, 2019 Page 2 of 4 Finally, while reviewing the Municipal Code, staff noted a requirement that would prohibit businesses from using roll-off containers for solid waste service, which is overly restrictive and could potentially preclude the growth of larger businesses in Elk Grove. As a result, staff is proposing an amendment to allow solid waste service with a roll-off container through the plan check process. ANALYSIS/DISCUSSION: The first proposed amendment to EGMC will ensure consistency with Assembly Bill 1594, signed by the Governor in September 2014. This law mandates that as of January 1, 2020, the use of green material (such as grass clippings, twigs, branches, and leaves) as alternative daily cover at landfills will no longer be considered diverted waste and will be considered disposal for purposes of measuring a jurisdiction’s 50 percent per capita disposal rate. Alternative daily cover (ADC) refers to cover material placed on the surface of the active face of a landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging. Currently, jurisdictions and regional agencies receive diversion credit for ADC use, as it is not reported as disposal. The initial rationale for using green waste as landfill cover was to create an incentive for collecting green waste when markets for green waste composting remained uncertain. However, the composting infrastructure has matured and using green waste as landfill cover threatens growth of this critical industry in California. Composting is considered a critical industry because it helps to reduce greenhouse gas emissions by keeping organic waste out of landfills, which protects air, water and soil quality. The amendment prohibiting the use of green waste as ADC is meant primarily to address commercial property as residential green waste has already been addressed within the Franchise Agreement with Republic Services, approved by the City Council in 2017 and effective on July 1, 2018. Currently, nearly all green waste generated by residential properties is being used as soil amendment, although Republic Services is not required to do so until January 1, 2020. The Franchise Agreement allows for a maximum of 30 percent of green waste to be used as ADC until January 1, 2020; to date Republic is averaging approximately two percent. This change was made at no additional cost to the rate payers. 2 Elk Grove City Council January 9, 2019 Page 3 of 4 In addition to the proposed amendment noted above, below is a summary of the additional proposed amendments within Title 30: • Section 30.10.010 - Definitions: Amendment to the definition of “dispose,” and an addition of the definition “compostable materials” pertaining to ADC. The amendment to the definition of “multifamily property” addresses an inconsistency between Title 23 and Title 30. • Section 30.40.050 and 30.90.080 – Roll-Off Containers: Currently, nonresidential customers may subscribe to a roll-off container service from an authorized commercial hauler for construction and demolition and clean-up projects. However, the option is not available for businesses that may generate more waste than can be accommodated within front-end loading bins (i.e. dumpsters). As the business community continues to grow, staff recommends making these containers available to business customers subject to zoning clearance/plan check. • Section 30.50.070 – Vehicle Inspections: The proposed amendment updates the provision relative to vehicle inspections and certifications to be conducted triennially versus annually to improve efficiencies. This change will streamline the hauler registration process and save staff time by eliminating a redundant annual process and transitioning it to a triennial process. • Section 30.60.130 - Reporting: The proposed amendment updates the provision relative to business and multifamily hauler status reporting to the City to be conducted annually versus quarterly to coincide with the City’s required annual reporting to the California Department of Resource Recycling and Recovery (CalRecycle). This is another change that will increase efficiencies for both the haulers and for staff by eliminating unnecessary requirements. ALTERNATIVE ACTIONS: The proposed code amendment pertaining to AB 1594 is not optional; the City must meet State requirements to divert green waste from the landfill. Annually, the City is required to report to CalRecycle on its efforts to address these new requirements. Consequently, there is no alternative action for this item. 3 Elk Grove City Council January 9, 2019 Page 4 of 4 The City Council may choose not to allow businesses to subscribe to roll- off container service from an authorized hauler. The alternative is for businesses to continue using front-end loading bins or compactors (for cardboard only) exclusively. This may impact larger businesses, who need higher volume solid waste service, even with more frequent service of the bin. Regarding streamlining the vehicle inspections and hauler reporting processes, the alternative action would be to continue the programs with no changes, which means continuing to devote staff time to reviewing reports quarterly and reviewing vehicle inspection reports annually. This alternative is not recommended. FISCAL IMPACT: There are no anticipated fiscal impacts to the City’s General Fund or the Solid Waste Fund from the recommended action. ATTACHMENT: 1. Ordinance 4 ATTACHMENT 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AMENDING ELK GROVE MUNICIPAL CODE TITLE 30 SOLID WASTE MANAGEMENT, SECTIONS 30.10.010, 30.40.050, 30.50.070, 30.60.130, AND 30.90.080 WHEREAS, the City of Elk Grove may enact ordinances to preserve and protect public safety, health and welfare; and WHEREAS, the City is responsible for administering programs related to solid waste generated in the City; and WHEREAS, the City sets forth the terms and conditions of its solid waste management in the Elk Grove Municipal Code (EGMC) through the adoption of an ordinance duly introduced and codified; and WHEREAS, the City wishes to clarify definitions and revise reporting requirements for commercial haulers in an effort to improve efficiencies; and WHEREAS, new State law requires the City to promote, enforce, and comply with recycling requirements and to maximize the use of feasible source reduction, recycling and composting options in order to reduce the amount of solid waste that must be landfilled. NOW, THEREFORE, the City Council of the City of Elk Grove does ordain as follows: Section 1: Purpose and Authority The purpose of this Ordinance is to amend the Elk Grove Municipal Code Title 30 regarding solid waste management. Under California Constitution Article XI, Section 7, the City of Elk Grove may enact ordinances to preserve and protect public safety, health and welfare. Section 2: Action – Amendments to EGMC Chapter 30.10. Note: Proposed deletions are shown with strikethrough, proposed additions are shown with bold and underline, unchanged subsections in a section are designated with asterisks (***), and notes are displayed in italics. A. The following definition shall be added to EGMC Section 30.10.010.C as follows: “Compostable materials” means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees, food scraps and any other organic material that when accumulated will become active compost and that are separated, set aside, handled, packaged or offered for collection by the waste generator in a manner different from solid waste. 5 B. EGMC Section 30.10.010.D.5 shall be amended to read as follows: 5. “Dispose” or “disposal” means disposal as defined in California Public Resources Code Section 40192(b), and as may be amended from time to time. the management of solid waste through landfill disposal or transformation, at a permitted solid waste facility. Disposal does not include the use of compostable materials as alternative daily cover (ADC). Commencing January 1, 2020, ADC use shall no longer be considered as compostable materials for diversion credits. C. EGMC Section 30.10.010.M.3 shall be amended to read as follows: 3. “Multifamily property”, for purposes of EGMC Title 30 only, means any multifamily dwelling building or group of buildings that contain five (5) or more individual dwelling units located on a single tax lot regardless of waste collection service level. Multifamily complexes include, but are not limited to, apartment complexes, mobile home parks, senior housing/care facilities, and condominium complexes. Section 3: Action – Amendments to Chapter 30.40: A.