HomeMy WebLinkAbout9-28 Agreement A-23-513 with Mid-Valley Disposal.pdf Agreement No. 23-513
1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement") is dated September 19, 2023 and is between
3 Mid-Valley Disposal, a California limited liability company ("Contractor"), and the County of
4 Fresno, a political subdivision of the State of California ("County").
5 Recitals
6 A. The County has need for solid waste collection, transportation, disposal, and recycling
7 services from a vendor that maintains federal, state, and local regulatory compliant standards.
8 B. On June 20, 2023, the County issued a Request for Quotation (RFQ) No. 23-028 for
9 solid waste collection, transportation, disposal, and recycling services to be handled by a vendor
10 that maintains federal, state, and local regulatory compliant standards. The RFQ closed on June
11 27, 2023 and the Contractor submitted the lowest bid for the requested services throughout the
12 projected term.
13 C. The County desires to engage the Contractor to perform solid waste collection,
14 transportation, disposal, and recycling services. The Contractor is qualified, ensures they will
15 abide by federal, state, and local regulations, particularly those regulations that are indicated
16 and accepted herein by the Contractor as found in Exhibit E, Regulations and Definitions, and is
17 willing to perform these services as described in this Agreement. The Contractor will also utilize
18 Exhibit F, Accepted Organic Waste Materials list, Exhibit G, Contaminated and Overfilled
19 Containers, and Exhibit H, Corrective Action Plan (CAP), in conjunction with Exhibit E when
20 performing services.
21 The parties therefore agree as follows:
22 Article 1
23 Contractor's Services
24 1.1 Scope of Services. The Contractor shall perform all of the services provided in
25 Exhibit A to this Agreement, titled "Scope of Services."
26 1.2 Representation. The Contractor represents that it is qualified, ready, willing, and
27 able to perform all of the services provided in this Agreement.
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1 1.3 Compliance with Laws. The Contractor shall, at its own cost, comply with all
2 applicable federal, state, and local laws and regulations in the performance of its obligations
3 under this Agreement, including but not limited to workers compensation, labor, and
4 confidentiality laws and regulations.
5 Article 2
6 County's Responsibilities
7 2.1 The County shall a County representative to represent the County and who will serve
8 as point of contact for the Contractor in the fulfillment of its duties under this Agreement with the
9 County. The County Representative will be the County Internal Services Department's Facility
10 Services Manager, and/or their designees. The Contractor shall provide a contact person to the
11 County Representative upon execution of this Agreement.
12 2.2 The County will negotiate with the Contractor to determine an appropriate weekly
13 schedule, for the regular collection, transportation, disposal, and recycling of solid waste. The
14 County is not obligated to schedule a minimum amount of services under this Agreement.
15 Article 3
16 Compensation, Invoices, and Payments
17 3.1 The County agrees to pay, and the Contractor agrees to receive, compensation for
18 the performance of its services under this Agreement as described in Exhibit B.
19 3.2 Maximum Compensation. The maximum compensation payable to the Contractor
20 for the initial one-year term is $992,920. The maximum compensation will increase by $493,508
21 if the first extension option is utilized. The maximum compensation will increase by an additional
22 $518,183 if the second extension option is utilized. If the third extension option is utilized the
23 maximum compensation will again increase by $544,092. Should the fourth and final extension
24 option be utilized the maximum compensation will increase by a further $571,297. The total
25 maximum compensation payable to the Contractor under this Agreement is $3,120,000 for the
26 entire potential five-year Agreement. The Contractor acknowledges that the County is a local
27 government entity and does so with notice that the County's powers are limited by the California
28 Constitution and by State law, and with notice that the Contractor may receive compensation
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1 under this Agreement only for services performed according to the terms of this Agreement and
2 while this Agreement is in effect, and subject to the maximum amount payable under this
3 section. The Contractor further acknowledges that County employees have no authority to pay
4 the Contractor except as expressly provided in this Agreement.
5 3.3 Invoices. The Contractor shall submit all monthly invoices electronically and shall
6 reference the provided agreement number based upon location serviced. Invoices for the Plaza
7 location should be submitted electronically to isdap-ar(a)-fresnocountyca.gov and
8 --acilityServices(a�fresnocountyca.gov . The address to be listed on these invoices is: Fresno
9 County Facility Services, 4590 E. Kings Canyon Road, Fresno, CA 93702. Invoices for the
10 Public Works Road Yards should be submitted electronically to
11 PWPBusinessOffice(a)_fresnocountyca.gov. The address to be listed on these invoices is: Public
12 Works & Planning — Roads, 2220 Tulare St., 6th Floor, Fresno, CA 93721. Invoices for the
13 Sheriff Central Kitchen and Jail location should be submitted electronically to
14 sheriff.PayablesCa)-fresnosheriff.org. The address to be listed on these invoices is: Sheriff-
15 Coroner's Office, Attn: Business Office—Account Payables, 2200 Fresno St., Fresno, CA
16 93717. The Contractor shall submit each invoice within 60 days after the month in which the
17 Contractor performs services and in any case within 60 days after the end of the term or
18 termination of this Agreement.
19 3.4 Payment. The County shall pay each correctly completed and timely submitted
20 invoice within 45 days after receipt. The County shall remit any payment to the Contractor's
21 address specified in the invoice.
22 3.5 Incidental Expenses. The Contractor is solely responsible for all of its costs and
23 expenses that are not specified as payable by the County under this Agreement.
24 Article 4
25 Term of Agreement
26 4.1 Term. This Agreement is effective upon execution and terminates one year from the
27 effective date, except as provided in section 4.2, "Extension," or Article 6, `Termination and
28 Suspension," below.
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1 4.2 Extension. The term of this Agreement may be extended for no more than four, one-
2 year periods only upon written approval of both parties at least 30 days before the first day of
3 the next one-year extension period. The Director of Internal Services/Chief Information Officer
4 or his or her designee is authorized to sign the written approval on behalf of the County based
5 on the Contractor's satisfactory performance. The extension of this Agreement by the County is
6 not a waiver or compromise of any default or breach of this Agreement by the Contractor
7 existing at the time of the extension whether or not known to the County.
8 Article 5
9 Notices
10 5.1 Contact Information. The persons and their addresses having authority to give and
11 receive notices provided for or permitted under this Agreement include the following:
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For the County:
13 Director of Internal Services/Chief Information Officer
County of Fresno
14 333 W. Pontiac Way
Clovis, CA 93612
15 �nocountvca.go_v
16 For the Contractor:
Jonathan Kalpakoff, Vice President
17 Mid-Valley Disposal
15300 W. Jensen Ave
18 Kerman, CA 93630
IOScui lKnmiuvaiir-ydlsposal.com
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5.2 Change of Contact Information. Either party may change the information in section
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5.1 by giving notice as provided in section 5.3.
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5.3 Method of Delivery. Each notice between the County and the Contractor provided
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for or permitted under this Agreement must be in writing, state that it is a notice provided under
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this Agreement, and be delivered either by personal service, by first-class United States mail, by
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an overnight commercial courier service, or by Portable Document Format (PDF) document
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attached to an email.
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(A) A notice delivered by personal service is effective upon service to the recipient.
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1 (B) A notice delivered by first-class United States mail is effective three County
2 business days after deposit in the United States mail, postage prepaid, addressed to the
3 recipient.
4 (C)A notice delivered by an overnight commercial courier service is effective one
5 County business day after deposit with the overnight commercial courier service,
6 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
7 the recipient.
8 (D)A notice delivered by PDF document attached to an email is effective when
9 transmission to the recipient is completed (but, if such transmission is completed outside
10 of County business hours, then such delivery is deemed to be effective at the next
11 beginning of a County business day), provided that the sender maintains a machine
12 record of the completed transmission.
13 5.4 Claims Presentation. For all claims arising from or related to this Agreement,
14 nothing in this Agreement establishes, waives, or modifies any claims presentation
15 requirements or procedures provided by law, including the Government Claims Act (Division 3.6
16 of Title 1 of the Government Code, beginning with section 810).
17 Article 6
18 Termination and Suspension
19 6.1 Termination for Non-Allocation of Funds. The terms of this Agreement are
20 contingent on the approval of funds by the appropriating government agency. If sufficient funds
21 are not allocated, then the County, upon at least 30 days' advance written notice to the
22 Contractor, may:
23 (A) Modify the services provided by the Contractor under this Agreement; or
24 (B) Terminate this Agreement.
25 6.2 Termination for Breach.
26 (A) Upon determining that a breach (as defined in paragraph (C) below) has
27 occurred, the County may give written notice of the breach to the Contractor. The written
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1 notice may suspend performance under this Agreement, and must provide at least 30
2 days for the Contractor to cure the breach.
3 (B) If the Contractor fails to cure the breach to the County's satisfaction within the
4 time stated in the written notice, the County may terminate this Agreement immediately.
5 (C) For purposes of this section, a breach occurs when, in the determination of the
6 County, the Contractor has:
7 (1) Obtained or used funds illegally or improperly;
8 (2) Failed to comply with any part of this Agreement;
9 (3) Submitted a substantially incorrect or incomplete report to the County; or
10 (4) Improperly performed any of its obligations under this Agreement.
11 6.3 Termination without Cause. In circumstances other than those set forth above, the
12 County may terminate this Agreement by giving at least 30 days advance written notice to the
13 Contractor.
14 6.4 No Penalty or Further Obligation. Any termination of this Agreement by the County
15 under this Article 6 is without penalty to or further obligation of the County.
16 6.5 County's Rights upon Termination. Upon termination for breach under this Article
17 6, the County may demand repayment by the Contractor of any monies disbursed to the
18 Contractor under this Agreement that, in the County's sole judgment, were not expended in
19 compliance with this Agreement. The Contractor shall promptly refund all such monies upon
20 demand. This section survives the termination of this Agreement.
21 Article 7
22 Independent Contractor
23 7.1 Status. In performing under this Agreement, the Contractor, including its officers,
24 agents, employees, and volunteers, is at all times acting and performing as an independent
25 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint
26 venturer, partner, or associate of the County.
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1 7.2 Verifying Performance. The County has no right to control, supervise, or direct the
2 manner or method of the Contractor's performance under this Agreement, but the County may
3 verify that the Contractor is performing according to the terms of this Agreement.
4 7.3 Benefits. Because of its status as an independent contractor, the Contractor has no
5 right to employment rights or benefits available to County employees. The Contractor is solely
6 responsible for providing to its own employees all employee benefits required by law. The
7 Contractor shall save the County harmless from all matters relating to the payment of the
8 Contractor's employees, including compliance with Social Security withholding and all related
9 regulations.
10 7.4 Services to Others. The parties acknowledge that, during the term of this
11 Agreement, the Contractor may provide services to others unrelated to the County.
12 Article 8
13 Indemnity and Defense
14 8.1 Indemnity. The Contractor shall indemnify and hold harmless and defend the
15 County (including its officers, agents, employees, and volunteers) against all claims, demands,
16 injuries, damages, costs, expenses (including attorney fees and costs), fines, penalties, and
17 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to
18 the performance or failure to perform by the Contractor (or any of its officers, agents,
19 subcontractors, or employees) under this Agreement. The County may conduct or participate in
20 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or
21 defend the County.
22 8.2 Survival. This Article 8 survives the termination of this Agreement.
23 Article 9
24 Insurance
25 9.1 The Contractor shall comply with all the insurance requirements in Exhibit D to this
26 Agreement.
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1 Article 10
2 Inspections, Audits, and Public Records
3 10.1 Inspection of Documents. The Contractor shall make available to the County, and
4 the County may examine at any time during business hours and as often as the County deems
5 necessary, all of the Contractor's records and data with respect to the matters covered by this
6 Agreement, excluding attorney-client privileged communications. The Contractor shall, upon
7 request by the County, permit the County to audit and inspect all of such records and data to
8 ensure the Contractor's compliance with the terms of this Agreement.
9 10.2 State Audit Requirements. If the compensation to be paid by the County under this
10 Agreement exceeds $10,000, the Contractor is subject to the examination and audit of the
11 California State Auditor, as provided in Government Code section 8546.7, for a period of three
12 years after final payment under this Agreement. This section survives the termination of this
13 Agreement.
14 10.3 Public Records. The County is not limited in any manner with respect to its public
15 disclosure of this Agreement or any record or data that the Contractor may provide to the
16 County. The County's public disclosure of this Agreement or any record or data that the
17 Contractor may provide to the County may include but is not limited to the following:
18 (A) The County may voluntarily, or upon request by any member of the public or
19 governmental agency, disclose this Agreement to the public or such governmental
20 agency.
21 (B) The County may voluntarily, or upon request by any member of the public or
22 governmental agency, disclose to the public or such governmental agency any record or
23 data that the Contractor may provide to the County, unless such disclosure is prohibited
24 by court order.
25 (C)This Agreement, and any record or data that the Contractor may provide to the
26 County, is subject to public disclosure under the Ralph M. Brown Act (California
27 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
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1 (D)This Agreement, and any record or data that the Contractor may provide to the
2 County, is subject to public disclosure as a public record under the California Public
3 Records Act (California Government Code, Title 1, Division 10, Chapter 3, beginning
4 with section 7920.200) ("CPRA").
5 (E) This Agreement, and any record or data that the Contractor may provide to the
6 County, is subject to public disclosure as information concerning the conduct of the
7 people's business of the State of California under California Constitution, Article 1,
8 section 3, subdivision (b).
9 (F) Any marking of confidentiality or restricted access upon or otherwise made with
10 respect to any record or data that the Contractor may provide to the County shall be
11 disregarded and have no effect on the County's right or duty to disclose to the public or
12 governmental agency any such record or data.
13 10.4 Public Records Act Requests. If the County receives a written or oral request
14 under the CPRA to publicly disclose any record that is in the Contractor's possession or control,
15 and which the County has a right, under any provision of this Agreement or applicable law, to
16 possess or control, then the County may demand, in writing, that the Contractor deliver to the
17 County, for purposes of public disclosure, the requested records that may be in the possession
18 or control of the Contractor. Within five business days after the County's demand, the
19 Contractor shall (a) deliver to the County all of the requested records that are in the Contractor's
20 possession or control, together with a written statement that the Contractor, after conducting a
21 diligent search, has produced all requested records that are in the Contractor's possession or
22 control, or (b) provide to the County a written statement that the Contractor, after conducting a
23 diligent search, does not possess or control any of the requested records. The Contractor shall
24 cooperate with the County with respect to any County demand for such records. If the
25 Contractor wishes to assert that any specific record or data is exempt from disclosure under the
26 CPRA or other applicable law, it must deliver the record or data to the County and assert the
27 exemption by citation to specific legal authority within the written statement that it provides to
28 the County under this section. The Contractor's assertion of any exemption from disclosure is
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1 not binding on the County, but the County will give at least 10 days' advance written notice to
2 the Contractor before disclosing any record subject to the Contractor's assertion of exemption
3 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs
4 or attorney's fees under the CPRA that results from the Contractor's delay, claim of exemption,
5 failure to produce any such records, or failure to cooperate with the County with respect to any
6 County demand for any such records.
7 Article 11
8 Disclosure of Self-Dealing Transactions
9 11.1 Applicability. This Article 11 applies if the Contractor is operating as a corporation,
10 or changes its status to operate as a corporation.
11 11.2 Duty to Disclose. If any member of the Contractor's board of directors is party to a
12 self-dealing transaction, he or she shall disclose the transaction by completing and signing a
13 "Self-Dealing Transaction Disclosure Form" (Exhibit C to this Agreement) and submitting it to
14 the County before commencing the transaction or immediately after.
15 11.3 Definition. "Self-dealing transaction" means a transaction to which the Contractor is
16 a party and in which one or more of its directors, as an individual, has a material financial
17 interest.
18 Article 12
19 General Terms
20 12.1 Modification. Except as provided in Article 6, "Termination and Suspension," this
21 Agreement may not be modified, and no waiver is effective, except by written agreement signed
22 by both parties. The Contractor acknowledges that County employees have no authority to
23 modify this Agreement except as expressly provided in this Agreement.
24 12.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
25 under this Agreement without the prior written consent of the other party.
26 12.3 Governing Law. The laws of the State of California govern all matters arising from
27 or related to this Agreement.
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1 12.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
2 County, California. The Contractor consents to California jurisdiction for actions arising from or
3 related to this Agreement, and, subject to the Government Claims Act, all such actions must be
4 brought and maintained in Fresno County.
5 12.5 Construction. The final form of this Agreement is the result of the parties' combined
6 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
7 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
8 against either party.
9 12.6 Days. Unless otherwise specified, "days" means calendar days.
10 12.7 Headings. The headings and section titles in this Agreement are for convenience
11 only and are not part of this Agreement.
12 12.8 Severability. If anything in this Agreement is found by a court of competent
13 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
14 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
15 this Agreement with lawful and enforceable terms intended to accomplish the parties' original
16 intent.
17 12.9 Nondiscrimination. During the performance of this Agreement, the Contractor shall
18 not unlawfully discriminate against any employee or applicant for employment, or recipient of
19 services, because of race, religious creed, color, national origin, ancestry, physical disability,
20 mental disability, medical condition, genetic information, marital status, sex, gender, gender
21 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
22 all applicable State of California and federal statutes and regulation.
23 12.10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation
24 of the Contractor under this Agreement on any one or more occasions is not a waiver of
25 performance of any continuing or other obligation of the Contractor and does not prohibit
26 enforcement by the County of any obligation on any other occasion.
27 12.11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
28 between the Contractor and the County with respect to the subject matter of this Agreement,
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1 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
2 publications, and understandings of any nature unless those things are expressly included in
3 this Agreement. If there is any inconsistency between the terms of this Agreement without its
4 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
5 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
6 exhibits.
7 12.12 No Third-Party Beneficiaries. This Agreement does not and is not intended to
8 create any rights or obligations for any person or entity except for the parties.
9 12.13 Authorized Signature. The Contractor represents and warrants to the County that:
10 (A) The Contractor is duly authorized and empowered to sign and perform its
11 obligations under this Agreement.
12 (B) The individual signing this Agreement on behalf of the Contractor is duly
13 authorized to do so and his or her signature on this Agreement legally binds the
14 Contractor to the terms of this Agreement.
15 12.14 Electronic Signatures. The parties agree that this Agreement may be executed by
16 electronic signature as provided in this section.
17 (A) An "electronic signature" means any symbol or process intended by an individual
18 signing this Agreement to represent their signature, including but not limited to (1) a
19 digital signature; (2) a faxed version of an original handwritten signature; or (3) an
20 electronically scanned and transmitted (for example by PDF document) version of an
21 original handwritten signature.
22 (B) Each electronic signature affixed or attached to this Agreement (1) is deemed
23 equivalent to a valid original handwritten signature of the person signing this Agreement
24 for all purposes, including but not limited to evidentiary proof in any administrative or
25 judicial proceeding, and (2) has the same force and effect as the valid original
26 handwritten signature of that person.
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1 (C) The provisions of this section satisfy the requirements of Civil Code section
2 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
3 Part 2, Title 2.5, beginning with section 1633.1).
4 (D) Each party using a digital signature represents that it has undertaken and
5 satisfied the requirements of Government Code section 16.5, subdivision (a),
6 paragraphs (1) through (5), and agrees that each other party may rely upon that
7 representation.
8 (E) This Agreement is not conditioned upon the parties conducting the transactions
9 under it by electronic means and either party may sign this Agreement with an original
10 handwritten signature.
11 12.15 Counterparts. This Agreement may be signed in counterparts, each of which is an
12 original, and all of which together constitute this Agreement.
13 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Agreement on the date stated in the introductory clause.
2
MID-VALLEY DISPOSAL COUNTY OF FRESNO
3
4 ,Z ll_ _.
}cnathan Kalpako(F 20.316:37P )
5 Jonathan Kalpakoff, Vice President Sat Q int ro, Chairman of the Board of
Supefvisols of the County of Fresno
6 15300 W. Jensen Ave
Kerman, CA 93630 Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno, State of California
9
By:,4�a�. r;c.
10 Deputy
11 For accounting use only:
12 Org No.:8935, 45104514,3111
Account No.:7431, 7295
13 Fund No.: 1045, 0010,0001
Subclass No.:10000, 11000
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Exhibit A
1 Scope of Services
2 On a regular basis, as established by the Department of Internal Services -- Facility
3 Services Division, the Contractor will collect and dispose of solid waste, including organic and
4 recyclable waste. The segregation, packaging, transport, and disposal of waste, herein
5 collectively referred to as "removal', will be completed by the Contractor based upon a set
6 schedule as established between the County and the Contractor. The Contractor shall possess
7 all required government permits and approval necessary for the removal of solid waste,
8 including organic and recyclable waste. The services are to be provided only for County
9 locations which have more than 10-yard container. On September 19, 2016, the State of
10 California enacted Senate Bill 1383 (SB 1383), which has quickly become known as one of the
11 most sweeping pieces of solid waste management legislation since the enactment of the
12 Integrated Waste Management Act in 1989. SB 1383 focuses on organic waste management
13 and establishes strict standards for achieving significant reductions in Short-Lived Climate
14 Pollutants (SLCP), as part of its strategy for addressing air quality throughout the State. SB
15 1383 calls for a 75 percent reduction in organic waste disposed of in landfills, as well as a 20
16 percent reduction of"edible food" disposal by 2025. SB 1383 regulations address a multitude of
17 areas pertaining to organic waste management and SLCP reduction. Normal business hours for
18 pickup of waste are 7:OOAM to 5:OOPM, Monday through Friday, unless otherwise indicated by
19 the County. The Plaza pickup location is the exception and must be picked up before 5:30AM
20 Monday-Friday.
21 The Contractor shall comply with the following specifications:
22 1. Execute a NEWHA in accordance with Fresno County Ordinance Code Section
23 8.24, et. Seq.
24 2. Possess all required government permits and approvals necessary to collect and
25 dispose of solid waste, including organic and recyclable waste.
26 3. Possess all the required equipment, documentation, facilities, and resources to
27 successfully perform the services requested in this Agreement.
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A-1
Exhibit A
1 4. Perform services, including but not limited to the collection, transportation, and
2 disposal of solid waste, in accordance with all applicable local, state, and federal
3 laws which govern solid waste and materials.
4 a. The Contractor will provide education and outreach materials for the staff
5 at each location in accordance with regulation. It is the responsibility of
6 the Contractor to ensure compliance with SB 1383 regulations. Costs
7 associated with compensations as dictated in Exhibit B shall be all
8 inclusive of providing required containers in both the interior and the
9 exterior of buildings in addition to providing education and outreach
10 materials.
11 b. Support the County in meeting the requirements as outlined in the
12 Corrective Action Plan (CAP) as described in Exhibit H.
13 5. Perform services, including but not limited to the collection, transportation, and
14 disposal of solid waste on a regularly scheduled basis.
15 6. Maintain a clean area around dumpsters and will remove any debris created as a
16 result of the collection activity.
17 7. Respond to irregularities in waste generation within 24 hours to any
18 unforeseen/special pickups requested by the County.
19 COUNTY-WIDE RECYCLING PROGRAM
20 Fresno County is committed to waste reduction and recycling. Recycling is an official
21 County policy and employees have been participating in an in-house recycling program.
22 Depending on service levels, if needed, the Contractor will provide each site between one to
23 three 96 gallon recycling carts (with the exception of the Plaza Building):
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A-2
Exhibit A
1 Non Organic Waste
2 White Ledger #1 PET Plastic Bottles Boxes
3 Colored Ledger #2 HDPE Plastic Bottles Frames (Certificate)
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Computer Print Out Milk Cartons Press Board
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Copier&Laser Print Paper Drink Boxes Cups
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Newspapers Steel Cans Containers
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8 Magazines Aluminum Cans Peanuts/Popcorn
9 Boxboard Blueprints Envelopes
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11 Organic Waste
12 Contractor to provide provisions for organics recycling to be implemented at County facilities.
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Food Waste Green Waste Landscape and Pruning Waste
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Non-hazardous Wood Waste Food-soiled Paper
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I. ADDITION OR DELETION OF BUILDINGS
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A. The Director of Internal Services/Chief Information Officer (CIO) of the
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County, or his designee, reserves the right at any time during the term of this
19 agreement to add or delete new or additional sites to those listed in this
20 Agreement.
21 B. If it is determined by the CIO that additional pickups are needed for a site
22 listed within this Agreement during the contracted period, the dates of the
23 additional pickups are to be mutually agreed upon by both the Contractor and
24 the County and the price shall remain the same as the contracted price for
that site.
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C. In the event the County withdraws any site from service during the term of the
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contract, the Contractor shall agree to negotiate an acceptable cost reduction
27 for services not provided for the remainder of the contract period.
28 II. REPORTING REQUIREMENTS
A-3
Exhibit A
1 Monthly Invoicing
2 The Contractor shall submit an invoice to the County monthly in arrears. The invoice and
3 all accompanying documentation must be received by the County within 60 days after
4 the month in which the Contractor performs services. At a minimum, the Contractor's
5 invoice shall contain the following information:
6 a. An exact description and count by date of each of the services (pickups, loads,
etc.) at each location provided in the previous calendar month and extended by
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the appropriate service rate.
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b. Signed copies of dispatch tickets from the Contractor and certified weight tickets
9 from the disposal or processing site, including the date, truck number, and tare
10 weight and net weight of recyclable materials, compostable materials, and trash
11 hauled during the month.
12 c. A summary, shown as a credit, of the proceeds from the sales of recyclables,
13 must be part of the invoice.
14 The Contractor's monthly invoice shall include any other information that the County
15 deems necessary. In the event that errors, overcharges or omissions are identified in the
16 monthly invoice, the Contractor shall provide a new corrected invoice for the month in
question. The County shall remit payment to the Contractor in accordance with California
17 State prompt payment act.
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Monthly Report
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The Contractor shall prepare a monthly report summarizing the services (pickups, loads,
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etc.) provided at each County facility location for the prior month. All reports should be
21 submitted electronically to: ISDContracts(cD-fresnocountyca.gov, with a cc to
22 FCSWDR_Desk@fresnocountyca.gov. The monthly report and all accompanying
23 documentation must be received by the County by the 15th of the month for the previous
24 month.
25 The monthly report will be provided in the following format for each facility location and
26 summarized for all County facilities.
27
28
A-4
Exhibit A
1 Facility A (add lines for multiple service locations or multiple containers at each facility)
2 Services Container Size and Frequency #Pickups in Total Tonnage
January 2023 Collected in
3 (actual) January 2023
(scheduled pickups per week)
4 Recycling 25 cubic yards/1 per week 5 150
5 Organics 14 cubic yards/1 per week 5 70
6 Solid Waste 6 cubic yards/1 per week 5 30
Total Diversion Recycling+Organics 220
7 Total Disposal Solid Waste 30
8 Total Generation Total Diversion +Total Disposal 250
Diversion Rate Total Diversion/Total Generation 88%
9
10
Annual Report
11
12 The Contractor shall prepare an annual report summarizing the services (pickups, loads,
etc.) provided at each County facility location for the calendar year. All reports should be
13 submitted electronically to: SDContracts(cDfresnocountyca.gov with a cc to
14 FCSWDR Desk(aD-fresnocountyca.go % The annual report and all accompanying
15 documentation must be received by the County by the 15th of March each year.
16 The annual report will be provided in the following format for each facility location and
17 summarized for all County facilities.
18 Facility A (add lines for multiple service locations or multiple containers at each facility)
19 Services Container Size and #Pickups in Total Tonnage
Frequency 2022 Collected in 2022
20 (scheduled pickups per (actual)
21 week)
Recycling 25 cubic yards/1 per week 52 1,300
22 Organics 14 cubic yards/1 per week 52 728
23 Solid Waste 6 cubic yards/1 per week 52 312
24 Total Diversion Recycling + Organics 2,028
Total Disposal Solid Waste 312
25 Total Generation Total Diversion+Total Disposal 2,340
26 Diversion Rate Total Diversion/Total Generation 87%
27
III. PLAZA BUILDING SITE
28
A-5
Exhibit A
1 The Contractor recognizes that the Plaza Building location has limited spacing as shown
2 in Exhibit B, page B-3, and ensure they have the ability to execute services despite the
3 pre-existing spatial issues.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A-6
Exhibit B
1 Compensation
2 The Contractor will be compensated for performance of its services under this
3 Agreement as provided in this Exhibit B. The Contractor is not entitled to any compensation
4 except as expressly provided in this Exhibit B.
5 Prices shall be fixed for the entire initial term of the contract, which is one year. There is
6 an option for an additional four One-year periods. A maximum of a five percent increase per
7 year, to coincide with the SF-Oakland-Hayward Consumer Price Index, may apply for any
8 additional optional renewal terms utilized. The ISD Director/CIO has the authority to approve
9 price increases up to a maximum of five percent per utilized extension term. Any planned price
10 increase must be approved by the County within 30 days before the increase goes into effect,
11 not to exceed five percent.
12 Department and Location Service Type QTY Pickups UOM Unit Cost
13 (per week)
Public Works Roads Area 3 30 Yard Roll Off 1 1
14 779 E.Polk Ave.
Coalinga,CA 93210 Haul Charge Each $895.00
15 Tonnage Fee Ton $55.00
16 96 Gallon Recycle Cart 1 1 Monthly $57.56
17 96 Gallon Organic Cart 1 1 Monthly $115.20
18
Public Works Roads Area 5 30 Yard Roll Off 1 1
19 2544 W.Mountain View Ave.
Caruthers,CA 93609 Haul Charge Each $350.00
20 Tonnage Fee Ton $55.00
21 96 Gallon Recycle Cart 1 1 Monthly $56.19
22 96 Gallon Organic Cart 1 1 Monthly $86.28
23
Public Works Roads Area 7 25 Yard Roll Off 1 1
24 9400 N Matus Ave.
Fresno, CA 93720 Haul Charge Each $300.00
25
Tonnage Fee Ton $55.00
26 96 Gallon Recycle Cart 1 1 Monthly $56.19
27 96 Gallon Organic Cart 1 1 Monthly $86.28
28 ANME-
B-1
Exhibit B
1 Public Works Roads Area 8 25 Yard Roll Off 1 1
9525 E.Olive
2 Sanger,CA 93657 Haul Charge Each $375.00
Tonnage Fee Ton $55.00
3
96 Gallon Recycle Cart 1 1 Monthly $56.19
4 96 Gallon Organic Cart 1 1 Monthly $86.28
5
6 Public Works Roads Area 9 25 Yard Roll Off 1 1
3633 S. Del Rey Ave.
7 Sanger,CA 93657 Haul Charge Each $375.00
8 Tonnage Fee Ton $55.00
96 Gallon Recycle Cart 1 1 Monthly $56.19
9 96 Gallon Organic Cart 1 1 Monthly $86.28
10
11 Public Works Roads Area 11 10 Yard Roll Off 1 1
33148 Auberry Road
12 Auberry,CA 93602 Haul Charge Each $825.00
13 Tonnage Fee Ton $55.00
96 Gallon Recycle Cart 1 1 Monthly $64.80
14
96 Gallon Organic Cart 1 1 Monthly $98.44
15
NrF--
16 Sheriff-Coroner 30 Yard Roll Off 1 1
Central Kitchen
17 200 N. H Street Haul Charge Each $200.00
Fresno, CA 93701
18 Tonnage Fee Ton $55.00
4 Yard Organic Bin 2 5 Monthly $1326.67
19
20 Plaza Building* 25 Yard Compactor- 1 1
21 2220 Tulare Street
Fresno, CA 93721 Recycle
22 Haul Charge Each $195.00
23 Tonnage Fee Ton $55.00
24 6 Yard Solid Waste Bin 1 1 Monthly $274.74
14 Yard Roll Off Organic 1 1
25
Bin
26 Haul Charge Each $195.00
27 Tonnage Fee Ton $55.00
28 Contamination and/or Overfilled Container Fees,if Applicable=$50 Per Documented Incident.
*Please see Exhibit B,page B-3,for Special Instructions
B-2
Exhibit B
The 25-yard compactor is located on the basement level of the Plaza Building. There is only one entrance
that trucks can enter and exit. The entrance is located on the Kern St. side of the building. See pictures
below for the dimension of the entrance/exit. Due to spacing constraints of employee parking, pick up must
be accomplished by 5:30 am and immediately returned. Please see measurements below.
Exterior of entrance—Ht.: Interior of entrance—W.: 8'
10' 2" W.: 8' Interior clearance—Ht.: 12'
vAuLfry
a[.ritts
tt
Compactor dimensions—Height: 6.5' Length: 22.5'
Width: 8.75'
r_
B-3
Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno ("County"), members of a
contractor's board of directors ("County Contractor"), must disclose any self-dealing transactions
that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest."
The definition above will be used for purposes of completing this disclosure form.
Instructions
(1) Enter board member's name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation's transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
The form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
C-1
Exhibit C
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code § 5233 (a)
(5)Authorized Signature
Signature: Date:
C-2
Exhibit D
Insurance Requirements
1. Required Policies
Without limiting the County's right to obtain indemnification from the Contractor or any third
parties, the Contractor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial General Liability Insurance with limits of not
less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate
of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence
basis. County may require specific coverage including completed operations, product
liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any
other liability insurance deemed necessary because of the nature of the contract. In the
event, the CONTRACTOR purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the COUNTY, its officers, officials, employees,
agents and volunteers. If the CONTRACTOR maintains broader coverage and/or higher
limits than the minimums shown above, the COUNTY requires and shall be entitled to
the broader coverage and/or the higher limits maintained by the CONTRACTOR. Any
available insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the COUNTY.
(B) Automobile Liability. Comprehensive Automobile Liability Insurance with limits of not
less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for
property damages. Coverage should include any auto used in connection with this
Agreement. The MCS-90 is a required endorsement to a business automobile policy for
hazardous material/waste transporters. It originated in response to the Motor Carrier Act
of 1980. Its purpose is to ensure that funds are available for damages arising from a
trucking accident that involves hazardous materials. However, it only applies to vehicles
subject to financial assurance requirements of the Act; that is, which are subject to
Federal jurisdiction. It may not provide coverage in situations where substances are
transported that do not specifically fall within the definitions contained in the Act. In the
event, the CONTRACTOR purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the COUNTY, its officers, officials, employees,
agents and volunteers. If the CONTRACTOR maintains broader coverage and/or higher
limits than the minimums shown above, the COUNTY requires and shall be entitled to
the broader coverage and/or the higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the County.
(C) Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
D-1
Exhibit D
(D) Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must
be prior to the date on which services began under this Agreement; (2) the Contractor
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
with a retroactive date prior to the date on which services begin under this Agreement,
then the Contractor shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement,
and at any time during the term of this Agreement as requested by the County's Risk
Manager or the County Administrative Office, the Contractor shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
Floor, Fresno, California 93721, or , and by
mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Contractor has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and include
an endorsement, that the County of Fresno, its officers, agents, employees, and
volunteers, individually and collectively, are additional insureds insofar as the
operations under this Agreement are concerned. The commercial general liability
insurance certificate must also state that the coverage shall apply as primary
insurance and any other insurance, or self-insurance, maintained by the County
shall be excess only and not contributing with insurance provided under the
Contractor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
which services began under this Agreement.
D-2
Exhibit D
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no
less than A: VI I.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Contractor shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Contractor shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Contractor shall, or shall
cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Contractor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County's Entitlement to Greater Coverage. If the Contractor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer
to deliver, to the County's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as required
under this Agreement.
(E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Contractor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Contractor's waiver of subrogation under this paragraph is effective
whether or not the Contractor obtains such an endorsement.
(F) County's Remedy for Contractor's Failure to Maintain. If the Contractor fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Contractor. The County may offset such
charges against any amounts owed by the County to the Contractor under this
Agreement.
(G)Subcontractors. The Contractor shall require and verify that all subcontractors used by
the Contractor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Contractor to provide services under this Agreement using subcontractors.
D-3
Exhibit E
Regulations and Definitions
I. REGULATION INFORMATION
This is not an exhaustive list. The burden of understanding and remaining in compliance
with local, state, and federal regulations remain the responsibility of the Contractor.
On November 3, 2020, the Department of Resources Recycling and Recovery
("CalRecycle"), in consultation with the California Air Resources Board, adopted regulatory
requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Chapter 395,
Statutes of 2016) designed to achieve the organic waste reduction goals established in Section
39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the
statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in
the level of the statewide disposal of organic waste from the 2014 level by 2025.
Regulations require local Jurisdictions to implement collection programs, meet
processing facility requirements, conduct contamination monitoring, provide education, maintain
records, submit reports, monitor compliance, conduct enforcement, and fulfill other
requirements; and, this Jurisdiction has chosen to delegate some of its responsibilities to the
Contractor, acting as the Jurisdiction's designee, through this Agreement
Among other things the Regulations, codified in 14 CCR Sections 18981.1-18998.4,
placed requirements on Jurisdictions to support achievement of those Statewide Organic Waste
disposal reduction targets through implementation of an organic waste collection program.
The County of Fresno is a Jurisdiction as that term is defined in 14 CCR Section
18982(a)(36) and is therefore subject to the Regulations.
On January 1, 2022, the County had not yet achieved compliance with the Regulations
as required by CalRecycle.
On or near February 1, 2023, the Department of Resources Recycling and Recovery
(CalRecycle) issued a Corrective Action Plan (CAP) to the County of Fresno for failure to
achieve compliance with SB 1383 regulations by implementing SB 1383 collection and
associated programs. The CAP outlines specific tasks to be completed by the County with
deadlines for implementation of the various regulations. The CAP allows the County to avoid
significant administrative civil penalties and other enforcement actions that could be imposed by
CalRecycle in the enforcement of SB 1383 regulatory compliance. Full execution of all tasks
outlined in the CAP will allow the County to emerge from corrective action with CalRecycle
E-1
Exhibit E
Given these facts, it is expressly acknowledged and understood by the Contractor that the
implementation of SB 1383 programs within the County of Fresno, are undertaken and executed
by the Contractor on behalf of the County. Therefore, the Contractor shall comply to the fullest
extent possible with the requirements outlined in the CAP. The State enacted Senate Bill 619,
which created a mechanism titled "Notification of Intent to Comply" (NOIC) for jurisdictions not
yet in compliance to avoid significant administrative civil penalties by identifying the key areas of
non-compliance and establish a timeline for corrective action.
Designated Collection System
The Contractor shall implement SB 1383 organic waste collection services consistent with the
County's Designated Collection System as defined by Fresno County Ordinance Code Section
8.27.045.
Organic Waste Cart Service
The Contractor shall provide organic waste collection service in carts that are approximately 96
gallons in volume.
a. Any customer who fills an organic waste cart in excess of the designated capacity or
contaminates an organic waste cart with inappropriate waste shall be subject to the per
incident rate as identified in Exhibit B pertaining to overfilled containers. When imposing
per incident fees, Contractor shall follow the process outlined in Exhibit G.
b. Rates for cart service are inclusive of SB 1383-compliant organic waste collection in the
locations as dictated in Exhibit B-2023.
Organic Waste Bin Service
The Contractor shall provide organic waste collection service in bins that are either 30, 25, 14,
6, or 4 cubic yards in volume.
Collection Frequency
It is acknowledged by the Parties that the extended accumulation of Organic Waste facilitates
the harborage of flies, vectors, and other health and safety risks. Additionally, extended
E-2
Exhibit E
accumulation of Organic Waste generates obnoxious and offensive odors and is generally
unsightly due to its putrescible nature. Because of this, there is a high potential to create a
Public Nuisance as that term is defined in Fresno County Ordinance Code Section 1.16.030.
Accordingly, Organic Waste shall be collected at least once every seven (7) days.
Organic Waste Acceptable Materials
Organic Waste shall be collected from designated Containers at one or more onsite locations as
designated by the County and agreed upon by the Contractor. The materials to be collected
shall include those listed in Exhibit F.
CONTRACTOR RESPONSIBILITIES IN SB 1383-APPLICABLE AREAS
In Service Rate Areas where the Regulations are applicable, the Contractor shall provide
services and perform ancillary activities that facilitate the County's comprehensive compliance
with the Regulations.
Organic Materials Collection, Transfer and Processing
Unless specifically waived from organic waste collection requirements pursuant to 14 CCR
Section 18984.12, Contractor shall, consistent with the Effective Date(s) indicated in the
County's CAP , make available to its Customers the collection and processing of Organic
Materials in accordance with Applicable Law promulgated by the Department of Resources
Recycling and Recovery (CalRecycle), including Short-Lived Climate Pollutants (SB 1383)
regulations (Regulations) and, where applicable, Mandatory Organics Recycling (AB 1826)
regulations.
a. Nothing in this section shall be construed as to prohibit the Contractor from offering
organic waste collection services in Service Rate Areas where collection requirements
are waived when the waived area is in reasonable proximity to the SB 1383-applicable
area in which the Contractor is already providing organic waste collection services. Such
service shall be provided at the rates established for the proximate SB 1383-applicable
area.
Container Color Requirements
Consistent with the Effective Date(s) indicated in the County's CAP and the associated
Regulations, the Contractor may continue to utilize existing container inventory in the
performance of organic waste collection services until such time as the containers meet useful
E-3
Exhibit E
life expectancies. Any new or replacement container inventory secured by hauler following the
Effective Date shall comply with container coloring requirements pursuant to Fresno County
Ordinance Code Section 8.27.045 and 14 CCR Section 18982.
For purposes of this section and consistent with 14 CCR Sections 18982(5), 18982(28), and
18982(29), container color shall refer to the following:
a. Green container means a container where either the lid of the container is green in color,
or the body of the container is green in color and the lid is green, gray, or black in color.
Hardware such as hinges and wheels on a green container may be any color.
b. Blue container means a container where either the lid of the container is blue in color, or
the body of the container is blue in color and the lid is either blue, gray, or black in color.
Hardware such as hinges and wheels on a blue container may be any color.
c. Gray container means a container where either the lid of the container is gray or black in
color, or the body of the container is entirely gray or black in color and the lid is gray or
black in color. Hardware such as hinges and wheels on a gray container may be any
color.
Container Labeling Requirements
Consistent with the Effective Date(s) indicated in the County's CAP and the associated
Regulations, the Contractor shall comply with container labeling requirements pursuant to
Fresno County Ordinance Code Section 8.27.110 and 14 CCR Section 18984.8.
a. All labeling prepared by the Contractor for application to containers shall be
submitted to County for review and approval prior to official use by the Contractor.
Organic Processing Facilities
The Contractor shall transport all collected Organic Waste to one or more CalRecycle-permitted
Organic Waste Processing Facilities approved by the County. To assist the County in its
Organic Waste capacity planning efforts as required by CalRecycle, the Contractor shall provide
documentation of available organic waste processing capacity at the selected facility or facilities
where collected Organic Waste is delivered.
Outreach and Education
The Contractor shall, consistent with the Effective Date(s) indicated in the County's CAP and
the associated Regulations, provide a robust public outreach and education messaging program
E-4
Exhibit E
as required by the Regulations. The Contractor will utilize established marketing channels
including, but not limited to, website, social media, periodic customer newsletters, and billing
inserts to disseminate SB 1383 program information. Topics may include waste prevention,
proper recycling and Organic Waste container use, home and on-site composting, self-
hauling/backhauling, and edible food recovery. The Contractor shall track and report its
outreach and education activities to the County in a format deemed acceptable to the County.
Reporting shall include quantities, types, topics, and dates of outreach posted, delivered and/or
presented.
The Contractor shall continue to provide public outreach and education messaging relating to
other State-mandated programs, including Mandatory Recycling (AB 341), and Mandatory
Organics Recycling (AB 1826).
Complaints and Compliance Monitoring
Complaints relating to possible violations of the Regulations that are discovered by the
Contractor, or are brought to the Contractor's attention shall be responded to promptly. Specific
complaint details shall be forwarded to the County within seven (7) business days of receipt in a
format deemed acceptable to the County.
To assist the County in compliance monitoring, the Contractor shall provide complete service
level data for all customers in a frequency and format deemed acceptable to the County.
a. Service level data shall include addresses, names of businesses when applicable, types
of service, container size, days/frequency of collection.
b. The Contractor shall, consistent with the Effective Date(s) indicated in the County's CAP
and the associated Regulations, provide the County with Organic Waste collection route
plans.
Assessment of Generator Waivers
Organic Waste Generators shall only be eligible for requesting the following types of waivers,
pursuant to the Regulations:
a. De Minimis waivers may be granted when a Commercial Business generates:
i. two or more cubic yards of solid waste per week and less than 20 gallons per
week of Organic Waste, or
ii. less than two cubic yards of solid waste per week and less than 10 gallons of
Organic Waste
E-5
Exhibit E
b. Physical Space Waivers may be granted when a Commercial Business' premises lack
adequate space for the Organic Waste Container configuration designated by the County
pursuant to Fresno County Ordinance Code Section 8.27.045.
When an Organic Waste Generator requests a waiver from the collection requirements of the
Regulations, the Contractor shall conduct a preliminary inspection of Generator's premises to
assess the potential for Generator's request.
a. The Contractor shall gather any and all pertinent information related to Generator's
request.
i. Pertinent information shall include a brief summary of Generator's justification,
description of premises and areas where Containers would be typically stored on
premises, and photographs of the premises.
ii. Following the inspection, Contractor shall forward all pertinent information to the
County for review.
iii. Pursuant to 14 CCR Section 18984.11, the County shall have the sole authority
to determine if a waiver may be issued to a Commercial Business.
iv. The issuance of a waiver shall follow the protocol established within Fresno
County Ordinance Code Section 8.27.080 pertaining to De Minimis and Physical
Space Waivers.
Jurisdictional Procurement Assistance
The Contractor shall comply with the Regulations pertaining to procurement as follows:
a. Contractor shall procure paper products and printing and writing paper with a minimum
30 percent post-consumer fiber content, pursuant to minimum recycled content
requirements of Public Contract Code Section 12209, when:
i. available at no greater cost than nonrecycled paper products; and
ii. fitness and quality are equal to nonrecycled paper products.
b. If, during the remaining term of the Agreement, the Contractor opts to utilize Organic
Waste-derived Renewable Natural Gas (RNG) compliant with the specifications outlined
in the Regulations, the Contractor shall report on quantities procured in a frequency and
format acceptable to County.
E-6
Exhibit E
Contamination Monitoring
The Contractor shall, consistent with the Effective Date(s) indicated in the County's CAP and
the associated Regulations, meet the contamination monitoring requirements outlined in the
Regulations on an annual basis:
a. Contractor shall routinely monitor for Organic Waste Contamination in accordance with 14
CCR Section 18984.5, and report to the County in a frequency and format acceptable to the
County that complies with the Regulations.
b. When Contractor observes or otherwise becomes aware of Contamination, the Contractor
shall follow the protocol outlined in Exhibit G for addressing the Contamination.
c. The Contractor shall forward information on the violation to the County as soon as
possible, but no later than seven (7) business days following the encounter.
d. The County shall initiate enforcement action consistent with the protocol outlined in
Fresno County Ordinance Code Section 8.27.140(C)(3) against any Generator found in
violation of the Contamination standards.
e. Generators found to be in violation may be subject to a per incident charge, as specified
in Exhibit B, which may be in addition to any administrative fines issued by the County for
being found in violation.
County Reporting
The Contractor shall report to the County as specifically referenced in this Exhibit A and shall
continue to provide annual reporting to the County as prescribed in Exhibit A. Such reports shall
be in a frequency and format acceptable to the County.
The Contractor shall continue to report as stipulated by 14 CCR Section 18815.4 pertaining to
Recycling Disposal and Reporting System reporting requirements for haulers.
The Contractor shall exercise best efforts in assisting the County with the confirmation and/or
identification of Tier 1 and Tier 2 Edible Food Generators (EFGs) within its service territories. As
it becomes aware of businesses which may be classified by the Regulations as a Tier 1 or Tier
2 EFG, Contractor shall report businesses to the County.
E-7
Exhibit E
CONTRACTOR RESPONSIBILITIES IN SB 1383-WAIVED AREAS
AB 1826 Regulations Still Apply
For County facilities that fall within SB 1383-waived areas, the provision of AB 1826 Mandatory
Organics Recycling for Commercial Businesses shall still apply.
The Contractor shall be responsible for offering Organic Waste collection service to Commercial
Businesses who generate two cubic yards or more of solid waste per week pursuant to the
requirements of Public Resources Code Section 42649.8 et seq.
II. DEFINITIONS
For purposes of this Agreement, unless a different meaning clearly is required by the
context, the following words and phrases shall be defined as set forth in this Article I (and
additional definitions relevant to this Agreement are set forth in Chapter 8.24 of the
Ordinance Code).
A. "AB 341" means the California legislation (Stats. 2006, Ch. 476), as it may be amended
from time to time, that, among other things, added Chapter 12.8 (commencing with Section
42649) to Part 3 of Division 30 of the Public Resources Code, imposing mandatory
commercial recycling and requirements that each jurisdiction implement an outreach and
education program and monitor compliance with the mandatory commercial recycling
requirements.
B. "AB 1826" means the California legislation (Stats. 2014, Ch. 727), as it may be amended
from time to time, that, among other things, added Chapter 12.9 (commencing with Section
42649.8) to Part 3 of Division 30 of the Public Resources Code, imposing requirements that
each jurisdiction implement an organic waste recycling program and provide for education,
outreach and monitoring of businesses subject to the requirements.
C. "Collection" (and "Collect," "Collected," and "Collecting") means the pickup and removal
by Contractor from its Customers' premises of Solid Waste, or other material and
transportation of such material to a Processing Site or Solid Waste Facility as appropriate
and consistent with Contractor's obligations under the Non-Exclusive Waste Hauler
Agreement ("NEWA").
D. "Construction and Demolition Debris" means the debris from used construction
materials, dredging, grubbing, and rubble resulting from constructing, remodeling, repair,
E-8
Exhibit E
razing, renovation, demolition, excavation, or construction clean-up activities at residential,
commercial, or governmental buildings, and any other structure or pavement.
E. "Container(s)" means roll-off boxes, compactors, trailers, or similar containers with a
capacity of ten (10) cubic yards or more used to provide Solid Waste Handling Services. All
Containers shall be clearly labeled with the company name and phone number on a
minimum of two sides with a minimum font size of four inches. This definition does not
include carts or bins as defined in Chapter 8.21 and utilized as part of delivery of services
under a Exclusive Service Area Program ("ESAP Agreement").
F. "Contractor" means the Party identified as Contractor on page 1 of this Agreement.
G. "County" means the legal entity knows as the County of Fresno, California, a political
subdivision of the State of California.
H "County" can also mean the geographical area within the territorial boundaries of the
County of Fresno, as it exists now or in the future.
I. "County Representative" means the Director of the Department of Internal Services, or
his/her designee, who may be a County official, or an agent of County specifically
designated to serve as the County Representative and thereby authorized by Chapter 8.24
to administer the program and enforce the terms of this Agreement on County's behalf
J. "Customer" means the person or entities receiving Solid Waste Handling Services
pursuant to this NEWA.
K. "Discarded Material" means Solid Waste, Recyclable Materials, and Organic Materials
placed by a Generator in a Collection Container and/or at a location that is designated for
Collection.
L. "Disposal," "Disposing," "Dispose," or "Disposed" means the final disposition, at a
Solid Waste Facility, of Solid Waste Collected by Contractor.
M. "Diversion" or "Diverted" means activities that reduce or eliminate the amount of Solid
Waste from Solid Waste Disposal including, but not limited to, recycling and composting.
N. "ESAP Hauler" means a Solid Waste Enterprise engaged in commercial hauling of Solid
Waste in the unincorporated area of the County governed by the Exclusive Service Area
Program provisions of Chapter 8.21. Only an ESAP Hauler can be both an ESAP Hauler
and a NEWHA Hauler
E-9
Exhibit E
O. "Exclusive Services Area Program" or "ESAP" means the program established by the
enactment of Chapter 8.21, including the contracts described therein ("ESAP Agreements")
that establish the Exclusive Service Areas that are assigned thereunder to designated
private waste haulers ("ESAP Haulers"), to provide weekly collection services as provided
therein.
P. "Excluded Waste" means any of the following:
i. Hazardous Waste,
ii. Medical and Infectious Waste
iii. Volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or
material
iv. Waste that Contractor reasonably believes would, as a result of or upon
Disposal, be a violation of local, State or Federal law, regulation or ordinance,
including land use restrictions or conditions,
v. Waste that in Contractor's reasonable opinion would present a significant risk to
human health or the environment, cause a nuisance or otherwise create or
expose Contractor or County to potential liability, and
vi. Special Waste.
Q. "Non-Exclusive Waste Hauler(s)" or "NEWHA Hauler" means a person or entity
authorized to engage in commercial hauling of Solid Waste in the unincorporated area of
the County that is not governed by the Exclusive Service Area Program provisions of
Chapter 8.21. Only an ESAP Hauler can be both an ESAP Hauler and a NEWHA
Hauler.
R. "Non-Exclusive Waste Hauler Agreement" or "NEWHA" means the agreement
between the County and any NEWHA Hauler that is a prerequisite to the authorized
provision of the Solid Waste Handling Services as specified therein, including all exhibits
and future amendments thereto.
S. "Non-Exclusive Waste Hauler Agreement Permit," or "NEWHA Permit," or
"Permit" means the permit required to engage in authorized commercial hauling of
Solid Waste in the unincorporated area of the County that is not governed by the
Exclusive Service Area Program provisions of Chapter 8.21.
E-10
Exhibit E
T. "Organic Materials" or "Compostable Materials" means Discarded Materials from
the Customer intended for and capable of being composted, digested or otherwise
processed (such as food scraps, yard trimmings or compostable paper), and that are
separated, set aside, handled, packaged, offered, or otherwise delivered for collection by
a Customer in a manner different from Solid Waste. Organic Materials shall not include
any Excluded Waste.
U. "Quarterly Remittance(s)" means the quarterly payment made to the County by
each NEWHA Hauler of Service Fees and County Solid Waste Surcharges by the forty-
fifth day following the end of the preceding quarter, as more thoroughly provided in
Article VI of this Agreement.
V. "Recyclable Materials" or "Recyclables" means Discarded Materials from the
Customer intended for and capable of being recycled, and that are separated, set aside,
handled, packaged, offered, or otherwise delivered for collection by a Customer in a
manner different from Solid Waste. Recyclable Materials shall not include any Excluded
Waste.
W. "Residual" means the non-recyclable, non-compostable materials left over after
processing residual waste or source-separated Recyclables or Organics. This material is
typically disposed in a landfill.
X. "SB 1383" means Chapter 395, Statutes of 2016 (Lara, SB1383), commonly referred
to as 1 "SB1383", as amended, supplemented, supersedes, and replaced from time to
time, that among other things, adopted methane emissions reduction goals that include
the following targets to reduce the landfill disposal of organics:
i. A 50-percent reduction in the level of the statewide disposal of organic waste
from the 2014 level by 2020.
ii. A 75-percent reduction in the level of the statewide disposal or organic waste
from the 2014 level by 2025.
Y. "Solid Waste" means Solid Waste as defined in California Public Resources Code,
Division 30, Part 1, Chapter 2 (particularly Section 40191) and regulations promulgated
thereunder, and without limitation includes the following: (1) Solid Waste (2) Bulky Items;
(3) vehicle parts as defined in California Code of Regulations, Title 23, Division 3,
Chapter 15, Section 2520(d)(3) and Section 2523(c); and (4) electronic materials
E-11
Exhibit E
classified as universal wastes pursuant to CCR Title 14, Section 66260.22, et seq.
Excluded from the definition of Solid Waste are: Excluded Waste, Recyclable Materials
kept separate from Solid Waste for the purpose of Recycling, Organic Materials, and
Construction and Demolition Debris with less than 10% Residual.
Z. "Solid Waste Enterprise" means any individual, partnership, joint venture,
unincorporated private organization, or private corporation, which is regularly engaged in
the business of providing Solid Waste Handling Services.
i. "Solid Waste Facility" includes a solid waste transfer or processing station, a
composting facility or organics processing facility, a gasification facility, a
transformation facility, an Engineered Municipal Solid Waste conversion facility,
or a disposal facility as consistent with California Public Resources Code
§40194.
ii. "Solid Waste Handling Services" means the removal of Solid Waste and
placement in a Collection Vehicle for transport, storage, or processing of Solid
Waste for residential, commercial, institutional, or industrial users or Customers.
iii. "Source Separated" means the segregation, by the Generator, of materials
designated for separate Collection for some form of recycling, processing,
composting, recovery, or reuse.
iv. "Special Waste" includes any materials that under current or future statute or
regulation require the application of special treatment, handling, or Disposal
practices beyond those normally required for Solid Waste. "Special Waste" shall
be deemed to include, without limitation, all of the following: flammable waste;
liquid waste transported in a bulk tanker; sewage sludge; pollution control
process waste; residual and debris from cleanup of a spill or release of chemical
substances, contaminated soil, waste, residual, debris, and articles from the
cleanup of a site or facility formerly used for the generation, storage, treatment,
recycling, reclamation, or Disposal of any other Special Wastes; dead animals;
manure; waste water; explosive substances; radioactive substances; fluorescent
tubes; and abandoned or discarded automobiles, trucks, motorcycles or parts
thereof, including tires.
E-12
Exhibit F
ACCEPTED ORGANIC WASTE MATERIALS LIST
Organic Waste shall be collected from designated Containers at one or more on-site locations
as designated by the property owner and agreed upon by the Contractor. The materials to be
collected shall include, but not be limited to the following types of waste:
• Whole Fruit and Fruit Peelings
• Whole Vegetables and Vegetable Peelings
• Bread and Grain Products
• Pasta and Rice Products
• Eggshells and Nutshells
• Meat Scraps
• Dairy Products in small quantities only
• Plant and Flower Materials
• Grass and Yard Trimmings
• Tree and Shrub Prunings, Excluding Large Stumps
• Christmas Trees, Cut into Two Foot Sections
• Untreated Wood Materials
• Other Miscellaneous Green Waste Materials
F-1
Exhibit G
CONTAMINATED AND OVERFILLED CONTAINERS
The Contractor and the County anticipate that Customers will participate in the Contractor's
programs in such a manner as to minimize the total level of contamination in Containers. the
Contractor and the County also anticipate that Customers will not overfill Containers beyond
capacity, or spill contents next to the Containers. the County and the Contractor agree to utilize
the following procedures to assist in minimizing contamination or overfilling:
OVERFILLED CONTAINERS
`Overfilled' Containers refer to a Container which is filled with materials to such a level that
spillage of said materials is imminent. For purposes of this section, if the lid of the container
does not close flat, it shall be the Contractor's discretion if the container can still be serviced
safely without risking spillage onto the ground or onto the vehicle, creating a fire hazard.
Upon encountering an overfilled container, the Contractor shall document the incident of
overfilling at the Customer location. the Contractor shall then make a good faith effort to service
the Container. If the Contractor determines that it would not be safe to service the Container,
the Contractor will document why the Container was not serviced and tag the Container with a
notice as described below. Where feasible, the Contractor will obtain photographic evidence of
the overfilled Container. Whether the container was serviced or not, the Contractor will tag the
Container with a notice that includes:
a. A statement informing the Customer that the Container required special services due to
overfill of the Container. If the Container was not serviced, the tag should also include
directions on removing the additional items and the charge that will be placed on the
Customer account for an additional service in accordance with the maximum rates set
forth in the Exhibit B of this Agreement.
b. An explanation that a subsequent incident of overfilling may result in the imposition of an
overfilled container special service rate and, where warranted, will require additional or
larger-sized containers at an additional cost to the Customer.
c. A phone number to contact the Contractor to obtain additional information and/or receive
responses to questions the Customer may have.
In the event the Customer in question continues to place overfilled containers out for Collection,
the Contractor may collect the Container, clean the surrounding area, and charge the Customer
the corresponding overfilled container special service rate as set forth in the Exhibit B of this
G-1
Exhibit G
Agreement. In addition, where there have been three or more instances of overfilling by a
Customer in any 12 month period, the Contractor may, with approval of the County, deliver
additional or larger containers to the Customer, or require additional weekly collections as
appropriate, and charge the Customer for the additional services at rates that do not exceed the
maximum rates set forth in the Exhibit B.
CONTAMINATED RECYCLING AND ORGANICS CONTAINERS
For purposes of this Agreement, as modified by Amendment No. 2 thereto, the term
'Contaminated' refers to materials placed in a Container other than those which the Contractor
and County agree are appropriate for Collection therein as more fully set forth in Exhibit E of this
Agreement.
Upon encountering a contaminated recycling or organics container, the Contractor shall
document the incident of contamination at a particular Customer location. The Contractor shall
then service the Container, making whatever accommodations are necessary. Where feasible,
the Contractor will obtain photographic evidence of the contaminated container. the Contractor
will tag the Container with a notice that includes:
a. The fact the Container required special services due to the presence of inappropriate
material in the Container.
b. A description of the materials that are inappropriate for Collection in the Container.
c. An explanation that a subsequent incident of contamination may result in the imposition
of a contamination special service rate and, where warranted, will require additional
Solid Waste Containers, at an additional cost to the Customer.
d. A phone number to contact the Contractor to obtain additional information and/or receive
responses to questions the Customer may have.
In the event the Customer in question continues to place Containers with contamination out for
Collection, the Contractor may collect the Container, and charge the Customer a contamination
special service rate as set forth in Exhibit B to this Agreement, as modified by Amendment No. 2
thereto. In addition, where there have been three (3) or more instances of contamination by a
Customer in any twelve (12) month period, the Contractor may, with approval of the County,
deliver additional Solid Waste Containers to the Customer, and charge the Customer for the
additional services at a rate that does not exceed the maximum rates set forth in Exhibit B to
this Agreement.
G-2
Exhibit H
STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
CORRECTIVE ACTION PLAN AND COMPLAINT FOR PENALTY
1204.SLCP.CAP.2023.3
Before: The State of California
Department of Resources Recycling and Recovery
1001 I Street
Sacramento, CA 95814
In the Matter of: Fresno - Unincorporated
2220 Tulare Street - 6t" Floor
Fresno, CA 93721
BACKGROUND AND PURPOSE
1. The California Department of Resources Recycling and Recovery is hereinafter
referred to as "CalRecycle."
1.1 CalRecycle, in consultation with the California Air Resources Board, adopted
regulatory requirements, consistent with the mandate of Senate Bill 1383 (Lara,
Chapter 395, Statutes of 2016), that are designed to achieve the organic waste
reduction goals established in section 39730.6 of the Health and Safety Code
through a 50 percent reduction in the level of the statewide disposal of organic
waste from the 2014 level by 2020 and a 75 percent reduction in the level of the
statewide disposal of organic waste from the 2014 level by 2025. The purpose of
these reductions is to further the statewide effort to reduce emissions of short-lived
climate pollutants (SLCP), including methane. These SLCP regulations are
referred to hereinafter as the "Regulations" and can be found at Title 14 California
Code of Regulations (CCR) sections 18981.1 through 18998.4. Cities, counties,
and special districts are responsible for implementing these Regulations in their
communities starting January 1, 2022.
1.2 Fresno - Unincorporated is hereinafter referred to as "Jurisdiction." Jurisdiction is
required to comply with the Regulations.
1.3 Jurisdiction is or expects to be facing continuing violations of the Regulations
commencing during the 2022 calendar year, which could result in significant
administrative civil penalties under the Regulations.
Corrective Action Plan
Page 1
H - 1
Exhibit H
1.4 Senate Bill 619 (Laird, Chapter 508, Statutes of 2021), through amendments to
section 42652.5 of the Public Resources Code (PRC), created a mechanism called
a Notification of Intent to Comply through which a local jurisdiction may secure
administrative civil penalty relief from any continuing violations of the Regulations
for the 2022 calendar year and may be eligible for a broader and longer-term
regulatory compliance path, including suspended administrative civil penalties,
through a Corrective Action Plan.
1.5 Under PRC section 42652.5(e), the Notification of Intent to Comply must include a
description of proposed actions to remedy the violations, as well as a proposed
schedule for those actions, that the Jurisdiction commits to undertake to remedy
the violations.
1.6 The Notification of Intent to Comply is hereinafter referred to as "Notification."
1.7 For violations taking more than 180 days to correct, PRC section 42652.2 allows
CalRecycle to determine, in its sole discretion, that violations identified in a
Notification may be addressed through a Corrective Action Plan issued pursuant to
14 CCR section 18996.2.
1.8 The Corrective Action Plan is hereinafter referred to as "CAP."
1.9 For violations disclosed in the Notification approved by CalRecycle as meeting the
requirements of PRC section 42652.5(e), CalRecycle shall waive administrative
civil penalties during the 2022 calendar year if the Jurisdiction implements the
proposed actions according to the approved Notification's schedule of actions and,
as applicable, approved CAP schedule of actions.
1.10 For violations disclosed in the Notification that commence during the 2022
calendar year and continue into the 2023 calendar year, administrative civil
penalties may begin accruing as of January 1, 2023. SB 619 provides
administrative civil penalties accruing on and after January 1, 2023, shall be
waived upon complete compliance with an approved CAP schedule of action.
DETERMINATION OF VIOLATIONS
2. As authorized by PRC section 42652.5(c), the Jurisdiction notified CalRecycle of
its ongoing or anticipated violations of the Regulations and the PRC through a
Notification submitted February 25, 2022.
2.1 CalRecycle reviewed the Jurisdiction's Notification, its description of the
Jurisdiction's disclosed violations of the Regulations, and proposed actions and
schedule for those actions to remedy those violations for compliance with PRC
section 42652.5(e). CalRecycle approved the Notification's proposed actions and
schedule of actions, as modified by this CAP.
Corrective Action Plan
Page 2
H - 2
Exhibit H
2.2 The Jurisdiction's Notification identified the following violations of the Regulations
as follows:
2.2.1 The Jurisdiction is and has been in violation of 14 CCR section 18984.1 in
that since January 1, 2022, the Jurisdiction has not provided three-container
organic waste collection service to all residential and commercial generators
and has not included food scrap collection service in the three-container
collection system provided to all residential and commercial generators.
2.2.2 The Jurisdiction is and has been in violation of 14 CCR section 18984.4 in
that since January 1, 2022, the Jurisdiction has not met recordkeeping
requirements for compliance with Organic Waste Collection Services.
2.2.3 The Jurisdiction is and has been in violation of 14 CCR section 18984.5 in
that since January 1, 2022, the Jurisdiction has not conducted container
contamination minimization for the residential or commercial sector.
2.2.4 The Jurisdiction is and has been in violation of 14 CCR section 18984.6 in
that since January 1, 2022, the Jurisdiction has not met recordkeeping
requirements for compliance with container contamination minimization.
2.2.5 The Jurisdiction is and has been in violation of 14 CCR section 18984.7 in
that since January 1, 2022, the Jurisdiction has not distributed new containers
meeting the container color requirements.
2.2.6 The Jurisdiction is and has been in violation of 14 CCR section 18984.8 in
that since January 1, 2022, the Jurisdiction has not distributed new containers
with proper container labeling.
2.2.7 The Jurisdiction is and has been in violation of 14 CCR section 18984.11 in
that since January 1, 2022, the Jurisdiction has not verified each waived
generator is eligible for a waiver.
2.2.8 The Jurisdiction is and has been in violation of 14 CCR section 18984.14. in
that since January 1, 2022, the Jurisdiction has not met recordkeeping
requirements for jurisdiction-issued waivers and exemptions.
2.2.9 The Jurisdiction is and has been in violation of 14 CCR section 18988.1 in
that since January 1, 2022, the Jurisdiction has not required haulers providing
residential, commercial, or industrial organic waste collection services to
generators within its boundaries to meet the requirements and standards of
the Regulations as a condition of approval of a contract, agreement, or other
authorization to collect organic waste.
2.2.10 The Jurisdiction is and has been in violation of 14 CCR sections 18981.2 and
18988.1 in that since January 1, 2022, the Jurisdiction allows generators to
self-haul, but has not adopted an ordinance or a similarly enforceable
mechanism that requires compliance with the requirements in section
18988.3 of the Regulations.
Corrective Action Plan
Page 3
H - 3
Exhibit H
2.2.11 The Jurisdiction is and has been in violation of 14 CCR section 18988.4 in
that since January 1, 2022, the Jurisdiction has not met recordkeeping
requirements for compliance with jurisdiction hauler program.
2.3 CalRecycle accepted the Jurisdiction's self-reported Notification and
characterization of its violations therein. CalRecycle has not undertaken a
compliance review of Jurisdiction, and thus CalRecycle's approval of the
Notification or this CAP should not be taken as an indication that Jurisdiction is in
full compliance with Regulations in other respects. CalRecycle will be undertaking
a compliance review of all jurisdictions in the future.
SCHEDULE FOR COMPLIANCE
3. Based on the foregoing DETERMINATION OF VIOLATIONS, CalRecycle finds
that:
a. The Jurisdiction worked with CalRecycle to develop this CAP, which includes
schedule of actions necessary for the Jurisdiction to achieve address the
violations disclosed in the Notification and described in Section 2
(Determination of Violations) above.
b. CalRecycle hereby approves and issues this CAP pursuant to PRC section
42652.5(c)-(e) and Title 14 CCR section 18996.2.
c. The Jurisdiction will fully implement the programs identified in this CAP by the
dates provided in the Section 3.2 below.
d. CalRecycle will monitor the Jurisdiction's continued implementation of the
programs identified in the CAP from March 29, 2023 through March 31, 2024
("the oversight period") to assure implementation is complete and timely. The
oversight period may be extended at the discretion of CalRecycle if any
extensions to the Schedule are granted as described below in Sections 4.4
and 4.5.
e. During the oversight period, the Jurisdiction will submit status reports to
CalRecycle and attend status meetings with CalRecycle to demonstrate the
ongoing progress the Jurisdiction is making on remedying the violations
described above.
f. During the oversight period, the Jurisdiction will provide bimonthly status
reports to CalRecycle:
Report Cycle
Report 1: May 31, 2023, covering March 1, 2023 — April 30, 2023
Report 2: July 31, 2023, covering May 1, 2023 — June 30, 2023
Report 3: September 30, 2023, covering July 1, 2023 —August 31, 2023
Report 4: November 30, 2023, covering September 1, 2023 — October 31,
2023
Report 5: January 31, 2024, covering November 1, 2023 — December 31,
2023
Corrective Action Plan
Page 4
H - 4
Exhibit H
Report 6: March 31, 2024, covering January 1, 2024 — March 1, 2024
g. The status reports are to be used to document the status and work completed
for each of the identified tasks in the CAP. For each task in the CAP, the
Jurisdiction will explain the status of the task, specifying what actions have
been taken to complete the task.
h. If the work has been delayed or has not been completed, the Jurisdiction will
explain the reason(s) for the delay/incompletion. The Jurisdiction will also
attach any previously submitted extension requests made pursuant to section
4.4 of this CAP and any extensions granted pursuant to section 4.5 of this
CAP, using additional sheets as necessary for the report. CalRecycle may
consider the explanation in deciding whether to allow the Jurisdiction to
continue to operate under the Notification and CAP or to revoke approval of
the Notification and CAP pursuant to PRC section 42652.5(d).
i. During the oversight period, the Jurisdiction will meet with CalRecycle
telephonically or via other remote electronic means (such as Teams or Zoom)
bimonthly to provide interim progress updates on the following schedule:
Meeting Cycle
Meeting 1: During April 2023
Meeting 2: During June 2023
Meeting 3: During August 2023
Meeting 4: During October 2023
Meeting 5: During December 2023
Meeting 6: During February 2024
j. The status meetings are to be used to discuss the most recent status report
and to discuss interim progress made by the Jurisdiction on each of the
identified tasks in the CAP.
k. Prior to the close of the oversight period, CalRecycle may undertake a
compliance review or field visit to supplement other status reporting.
I. At any time prior to the conclusion of the oversight period, if CalRecycle
determines the Jurisdiction has failed to implement the programs identified in
the Notification and CAP, has failed to participate in status reporting during
the oversight period, has substantially misrepresented its progress in status
reporting, or has substantially failed to make interim progress on Tasks set
out in Section 3.2 for four consecutive reporting periods, CalRecycle may
immediately issue a notice revoking its approval of the Notification and CAP
and indicating its intent to impose penalties as provided in PRC section
42652.5. Title 14 CCR sections 18997.3, 18997.5, and 18997.6 and PRC
section 42652.5 governs the process and considerations CalRecycle will
utilize in calculating and assessing administrative civil penalties against the
Jurisdiction, which may be up to $10,000 per day per violation.
3.1 Based on the foregoing DETERMINATION OF VIOLATIONS, it is hereby ordered
that the Jurisdiction will implement the actions described below in accordance with
Corrective Action Plan
Page 5
H - 5
Exhibit H
the compliance deadlines contained in the schedule of actions to remedy violations
as set forth in Section 3.2 below.
3.2 Schedule and Program of Actions
Section 18984.1 Three-Container Organic Waste Collection Services
The Jurisdiction will provide three-container organic waste collection service to all
residential and commercial generators.
Task # Description Target Completion
Date
TASK The Jurisdiction's Board of Supervisors will adopt an 5/1/2022
1 enforcement ordinance requiring compliance with organic waste (Task completion to
collection service. be verified)
The Jurisdiction will complete negotiations with the eight
Exclusive Service Area Program (ESAP) haulers for 1383 12/31/2022
TASK services, inclusive of, but not limited to: rates, container colors, (Task completion to
2 labeling specifications, completion of implementation be verified)
outreach/education, container contamination monitoring, and
reporting.
TASK The Jurisdiction will receive ESAP haulers signatures and 2/24/2023
3 finalize Staff Report on ESAP rates and 1383 Franchise Side- (Task completion to
Agreements. be verified)
The Jurisdiction will send out a survey and receive responses
from its eight ESAP haulers to obtain information regarding:
TASK • Haulers' needs to purchase additional collection 3/1/2023
4 vehicles, (Task completion to
• Haulers' needs to purchase additional organic waste and be verified)
recycling containers, and
• Haulers' need to modify collection routes.
TASK The Jurisdiction's Board of Supervisors will approve and 3/28/2023
5 implement rates and the ESAP 1383 Franchise Side (Task completion to
Agreements. be verified)
TASK The Jurisdiction will require and verify the haulers will purchase 9/1/2023
6 additional collection vehicles, as necessary.
Corrective Action Plan
Page 6
H - 6
Exhibit H
TASK The Jurisdiction will require and verify the haulers will purchase
7 additional organic waste and recycling collection containers, as 9/1/2023
necessary.
TASK The Jurisdiction will require and verify the haulers will modify 9/1/2023
8 collection routes as needed.
The Jurisdiction will require and verify that County Facilities are
TASK participating in Organics Collection once the Department of 3/1/2024
9 Internal Services (ISD) completes and implements the Request
for Proposals (RFP) selection process.
The Jurisdiction will require and verify the 8 haulers will
distribute and implement residential and commercial food
scraps/organics collection program services for the following
TASK zones identified: Zone 1, Zone 2A, Zone 3A.
10 Task 10a: The Jurisdiction will require and verify distribution of Task 10a: 9/1/2023
containers will commence.
Task 10b: The Jurisdiction will require and verify distribution of Task 10b: 3/1/2024
containers is complete.
The Jurisdiction will provide three-container waste collection
service to all residential and commercial customers that are not
subject to an exemption or waiver from such service under 14
TASK CCR sections 18984.11, 18984.12, or other provision of the
11 Regulations, or are not an authorized self-hauler subject to the 3/1/2024
Jurisdiction's ordinance requiring compliance with the
requirements of section 18988.3. In implementing this container
system, the Jurisdiction will ensure materials are sorted into the
containers properly by generators.
Section 18984.4 Recordkeeping Requirements for Compliance with Organic
Waste Collection Services
The Jurisdiction will document or keep records for compliance with Organic Waste
Collection Services.
Task # Description Target Completion
Date
Corrective Action Plan
Page 7
H - 7
Exhibit H
The Jurisdiction will establish a system for documenting organic
waste collection services for recordkeeping and reporting.
TASK The Jurisdiction will include the following information and 9/1/2023
12 documents in the Implementation Record:
1. A description of which collection method(s) it will use to
comply.
2. The geographical area for each collection method.
The Jurisdiction will compile a complete list of covered
TASK generators annually. 9/15/2023
13 The Jurisdiction will obtain lists from the haulers based
on the haulers' waste and recycling service records.
The Jurisdiction will establish a system for determining,
TASK documenting, and educating self-haulers on an annual basis. 3/1/2024
14 The Jurisdiction will perform periodic compliance
analysis of identified self-haulers.
Section 18984.5 Container Contamination Minimization
The Jurisdiction will monitor generators using a three-container organic waste collection
service for contaminants.
Task # Description Target Completion
Date
The Jurisdiction will collaborate with its haulers on which
method it will use to monitor container contaminants for both
residential and commercial programs. Route reviews or waste
evaluations.
Minimum requirements - Route reviews
• All hauler routes must be reviewed annually.
TASK • Containers may be randomly selected along a hauler 9/1/2023
15 route. Not required that every container on a hauler route
be sampled annually.
Minimum requirements - Waste evaluations
• Conducted at least twice per year and the studies will
occur in two distinct seasons of the year.
• Include samples of each container type served by the
Jurisdiction.
Corrective Action Plan
Page 8
H - 8
Exhibit H
• Include samples taken from different areas in the
Jurisdiction that are representative of the Jurisdiction's
waste stream.
• Include at least the following minimum number of samples
from all the hauler routes included in the studies.
• All material collected for sampling must be transported to
a sorting area at a permitted solid waste facility where the
presence of prohibited container contaminants for each
container type is measured to determine the ratio of
prohibited container contaminants present in each
container type by weight.
TASK The Jurisdiction will require and verify the ESAP haulers will
16 develop schedules for conducting route reviews/waste 9/1/2023
evaluations.
The Jurisdiction will require and verify ESAP haulers will
implement residential and commercial contamination
TASK minimization inspection program for Jurisdiction-identified
17 zones: 9/1/2023
• Zone 1
• Zone 2A
• Zone 3A
The Jurisdiction will, and will require and verify the haulers will,
establish a system for notifying generators of violations.
Minimum requirements - Route reviews:
• The contamination notice will, at a minimum, include
information regarding the generator's requirement to
properly separate materials into the appropriate
containers.
• The contamination notice may be left on the generator's
TASK container, gate, or door at the time the violation occurs, 12/1/2023
18 and/or be mailed, e-mailed, or electronically messaged to
the generator.
Waste evaluations, options:
• Notify all generators on the sampled hauler routes of their
requirement to properly separate materials into the
appropriate containers.
• Perform a targeted route review of containers on the
routes sampled for waste evaluations to determine the
sources of contamination and notify those generators of
their obligation to properly separate materials.
Corrective Action Plan
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Exhibit H
• In either scenario, the Jurisdiction may provide this
information by placing a contamination notice on the
generator's container, gate, or door, and/or by mail, e-
mail, or electronic message to the generator.
The Jurisdiction will require and verify the haulers will conduct
the prescribed number of route reviews annually.
or
TASK The Jurisdiction will require and verify the haulers will conduct 3/1/2024
19 waste evaluations in season 1.
The Jurisdiction will require and verify the haulers will conduct
waste evaluations in season 2.
The Jurisdiction will require and verify the haulers will have
completed annual review of all routes.
TASK or 3/1/2024
20
The Jurisdiction will require and verify the haulers will have
completed waste evaluations in two seasons.
The Jurisdiction will perform container contamination
minimization for all routes that are not subject to an exemption
TASK or waiver from such service under 14 CCR sections 18984.11
21 and 18984.12 (a) and (c), or are not an authorized self-hauler 3/1/2024
subject to the Jurisdiction's ordinance requiring compliance with
the requirements of section 18988.3.
Section 18984.6 Recordkeeping Requirements for Container Contamination
Minimization
The Jurisdiction will keep records of the number of residential or commercial violations
identified and number of notices issued.
Task # Description Target Completion
Date
TASK The Jurisdiction will document the methods used to monitor 3/1/2024
22 container contaminants.
Corrective Action Plan
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Exhibit H
The Jurisdiction will establish a system for documenting route
reviews and/or waste evaluations conducted and tracking the
violations for recordkeeping and reporting.
The Jurisdiction will include the following information and
documents in the Implementation Record:
1. A description of the Jurisdiction's process for
determining the level of container contamination.
2. Documentation of route reviews conducted, if
applicable.
3. If applicable, documentation of waste evaluations
TASK performed, including information on targeted route 3/1/2024
23 reviews conducted as a result of the studies. The
documentation will at a minimum include dates of the
studies, the location of the solid waste facility where the
study was performed, routes, source sector (e.g.,
commercial or residential), number of samples, weights
and ratio of prohibited container contaminants and total
sample size.
4. Copies of all notices issued to generators with prohibited
container contaminants.
5. Documentation of the number of containers where the
contents were disposed due to observation of prohibited
container contaminants.
TASK The Jurisdiction will begin documenting contamination 3/1/2024
24 minimization efforts and tracking number of violations.
Section 18984.7 Container Color Requirements
The Jurisdiction will distribute new containers meeting the container color requirements.
NOTE: A jurisdiction is not required to replace functional containers, including
containers purchased prior to January 1, 2022, that do not comply with the color
requirements prior to the end of the useful life of those containers, or prior to January 1,
2036, whichever comes first.
Task # Description Target Completion
Date
If purchasing new containers, the Jurisdiction will require and
TASK verify the haulers will provide containers for collection services 9/1/2023
25 to generators that comply with the container color requirements
specified in Article 3 of the Regulations.
Corrective Action Plan
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Exhibit H
Section 18984.8 Container Labeling Requirements
The Jurisdiction will distribute new containers with proper container labeling.
Task # Description Target Completion
Date
The Jurisdiction will develop labeling or use model labeling
provided by CalRecycle for use on containers.
1. Labels on containers must include language or graphic
TASK images or both indicating the primary materials accepted
26 and the primary materials prohibited in that container, 11/1/2023
OR
2. Containers must include imprinted text or graphic images
indicating the primary materials accepted and the
primary materials prohibited in that container.
The Jurisdiction will require and verify the haulers will label
TASK each new container or lid provided to generators.
• Labels will be consistent with the applicable container 2/1/2024
27 collection requirements specifying what materials are
allowed to be placed in each container.
Section 18984.11 Waivers
The Jurisdiction will verify each waived generator is eligible for a waiver.
Task # Description Target Completion
Date
TASK The Jurisdiction will establish waiver application (de minimis 4/1/2022
28 and/or physical space), waiver qualification, and approval (Task completion to
process. be verified)
Section 18984.14 Recordkeeping Requirements for Waivers and Exemptions
The Jurisdiction will establish recordkeeping for waivers and exemptions.
Task # Description Target Completion
Date
Corrective Action Plan
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Exhibit H
TASK The Jurisdiction will establish a system for documenting and
29 compiling records related to waivers and exemptions for 8/1/2023
recordkeeping and reporting.
TASK The Jurisdiction will begin documenting and compiling waiver 2/1/2024
30 and exemption records.
Section 18988.1 Jurisdiction Approval of Haulers and Self-Haulers
The Jurisdiction will adopt an ordinance or similarly enforceable mechanism requiring
self-haulers to comply.
Task # Description Target Completion
Date
TASK The Jurisdiction's Board of Supervisors will adopt an 5/1/2022
31 enforcement ordinance requiring self-haulers to comply. (Task completion to
be verified)
TASK 7/7/2022
32 The enforcement ordinance will be effective. (Task completion to
be verified)
The Jurisdiction will require haulers providing residential, commercial, or industrial
organic waste collection services to meet the requirements as a condition of approval of
a contract, agreement, or other authorization to collect organic waste.
Task # Description Target Completion
Date
TASK 3/28/2023
33 The Jurisdiction will amend ESAP franchise hauler agreements. (Task completion to
be verified)
TASK The Jurisdiction will require and verify the hauler providing 3/28/2023
34 organic waste collection services will meet the requirements. (Task completion to
be verified)
Corrective Action Plan
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Exhibit H
Section 18988.4 Recordkeeping Requirements for Compliance with Jurisdiction
Hauler Program
The Jurisdiction will establish recordkeeping for compliance with jurisdiction hauler
program.
Task # Description Target Completion
Date
TASK The Jurisdiction will establish a system for documenting and
35 compiling records related to haulers and self-haulers for 9/1/2023
recordkeeping and reporting.
TASK The Jurisdiction will establish hauler and self-hauler facility 9/1/2023
36 reporting process for approval.
The Jurisdiction will begin tracking and compiling
documentation in the Implementation Record and will include at
a minimum:
• Ordinances, contracts, franchise agreements, policies,
procedures, or programs relevant to this section.
• A description of the Jurisdiction's hauler program
including:
o Type(s) of hauler system(s) the Jurisdiction uses.
o Type(s) and condition(s) of approvals per type of
hauler, and criteria for approvals, denials and
TASK revocations. 9/1/2023
37 o The process for issuing, revoking, and denying
written approvals. Any requirements associated
with self-hauling and back-hauling.
• A record of hauler compliance with local ordinance(s)
and the requirements of Article 7 of the Regulations
including the following information:
o Copies of all reports required from haulers.
o Copies of all written approvals, denials, and
revocations.
All records will include the date of action, the name of the
hauler, and the type of the action taken by the Jurisdiction.
COMPLIANCE REVIEW, ENFORCEMENT, AND RELEASE
4. Communications. All approvals and decisions of CalRecycle regarding notifications
will be communicated to the Jurisdiction in writing by the Branch Chief, Jurisdiction
Corrective Action Plan
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Exhibit H
and Agency Compliance and Enforcement Branch, Waste Permitting, Compliance
and Mitigation Division, or the Branch Chief's designee. No formal advice,
guidance, suggestions, or comments by CalRecycle regarding reports, plans,
specifications, schedules, or any other writings by Jurisdiction shall be construed to
relieve the Jurisdiction of the obligation to obtain such formal approvals as may be
required.
4.1 Submittal. All reporting from the Jurisdiction described in section 3 (Schedule for
Compliance), paragraph 3.f, shall be submitted through an online portal or
compliance module developed by CalRecycle with instructions provided to
Jurisdiction. All other communications from the Jurisdiction according to this CAP
shall be sent in writing electronically to:
Kathryn Ferrer
Kathryn.Ferrer@calrecycle.ca.gov
4.2 Compliance Review. At the end of the oversight period or at any time deemed
appropriate by CalRecycle, CalRecycle will meet with the Jurisdiction to assess the
Jurisdiction's CAP implementation efforts and to determine whether or not the
Jurisdiction has timely complied with all commitments in all sections of this CAP. If
requested by the Jurisdiction, CalRecycle has discretion to issue notice of a
hearing at any time upon its staff's recommendation that the Jurisdiction has
completed the conditions of the CAP. In accordance with PRC section 42652.5,
failure to implement programs and or comply with all sections of the CAP at any
time may result in CalRecycle's revocation of its approval of the Notification and
CAP and imposition of administrative civil penalties retroactively to the date of
violation in 2022, for administrative civil penalties accruing in 2023, and for
administrative civil penalties accruing during any other additional time covered by
the Notification and CAP. These potentially applicable penalties are described in
Section 5.0 of this CAP.
4.3 CalRecycle Review and Approval: If CalRecycle determines that any report, plan,
schedule, or other document submitted for approval pursuant to this CAP fails to
comply with the Notification as amended by this CAP or fails to achieve successful
implementation of the Regulations, CalRecycle may:
a. Amend the CAP as appropriate to remedy the violations of the Regulations
expeditiously, and/or
b. Serve a notice that CalRecycle will revoke approval of the Notification and
consider the imposition of penalties in accordance with Title 14 CCR sections
18997.3, 18997.5, and 18997.6.
4.4 Extension Request and Other Task Modification Requests: If the Jurisdiction
determines that it will be unable to perform any activity or submit any document
within the time required under this CAP, the Jurisdiction may, as far in advance of
the due date as possible, request an extension of time in writing. The extension
Corrective Action Plan
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Exhibit H
request shall include a justification for the delay. If the Jurisdiction finds that a task
required by this CAP in Section 3.1 is not feasible, despite the Jurisdiction's best
and substantial efforts, the Jurisdiction may propose an alternative task that is
substantially similar or equally effective to the original task, subject to the approval
of CalRecycle. The modification request shall include an explanation of the
infeasibility, an explanation of how the alternative task is substantially similar or
equally effective, and a justification for any extension of time associated with the
change.
4.5 Extension and Other Task Modification Approvals: If CalRecycle determines that
good cause exists for an extension, considering the factors set out in Title 14 CCR
section 18996.2(a)(2), it will grant an extension as appropriate and specify in
writing a new compliance schedule. If CalRecycle determines that good cause
exists for the change in task because the original task is infeasible and the
alternative task is substantially similar or equally effective, it will grant an approval
and extension as appropriate and specify in writing the new task; additionally, if
CalRecycle determines that good cause exists for any extension associated with
the change in task, considering the factors set out in Title 14 CCR section
18996.2(a)(2), it will grant an extension as appropriate and specify in writing a new
compliance schedule.
4.6 Compliance with Applicable Laws: The Jurisdiction shall carry out this CAP in
compliance with all Local, State, and Federal requirements, including but not
limited to requirements to obtain necessary permits.
4.7 Liability: Nothing in this CAP shall constitute or be construed as a satisfaction or
release from liability for any conditions or claims arising as a result of past, current,
or future operations of the Jurisdiction, including for violations of the Regulations
that were not disclosed in the Notification and any violations of the Regulations that
the Jurisdiction fails to remedy notwithstanding commitments in the Notification
and this CAP.
4.8 Government Liabilities: The State of California and CalRecycle shall not be liable
for injuries or damages to persons or property resulting from acts or omissions in
carrying out activities pursuant to this CAP, nor shall the State of California be held
as a party to any contract entered into by the Jurisdiction or its agents in carrying
out activities pursuant to the CAP. The Jurisdiction shall indemnify, defend, and
save harmless the State, its officers, agents, and employees from any and all
claims and losses accruing or resulting in connection with the performance of this
CAP.
4.9 Parties Bound: This CAP shall apply to and be binding upon the Jurisdiction and
upon CalRecycle and any successor agency (regional agency, etc.) that may have
responsibility for, and the authority over, the subject matter of this CAP.
Corrective Action Plan
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Exhibit H
PENALTY
5. Penalties, if any, shall be assessed and calculated in accordance with the
provisions of PRC 42652.5 and Title 14 CCR sections 18997.3, 18997.5, and
18997.6. Penalties shall be calculated based on the factors set out in section
18997.3 and may be as much as $10,000 per day per violation for the duration of
the violation(s).
5.1 Penalty Procedures. Penalty, if any, shall be imposed in accordance with the
procedures and methodology set out in PRC section 42652.5 and Title 14 CCR
sections 18997.3, 18997.5, and 18997.6. Regulatory violations that are considered
"minor," meaning they involve violations constituting minimal deviation from
regulations, shall be subject to penalties of no less than five hundred dollars ($500)
per violation and no more than four thousand dollars ($4,000) per violation per day;
"moderate" violations are subject to no less than four thousand dollars ($4,000) per
violation and shall be no more than seven thousand five hundred dollars ($7,500)
per violation per day; and "major" violations, are subject to penalties no less than
seven thousand five hundred dollars ($7,500) per violation per day and no more
than ten thousand dollars ($10,000) per violation per day. The following types of
deviations are deemed to be "major" under the regulations for the purposes of
assessing penalties:
a. Failure to have any ordinance or similarly enforceable mechanism for organic
waste disposal reduction and edible food recovery.
b. Failure to have a provision in a contract, agreement, or other authorization
that requires a hauler to comply with the requirements the Regulations.
c. Failure to have an edible food recovery program.
d. Failure to have any Implementation Record.
e. Implementation or enforcement of an ordinance, policy, procedure, condition,
or initiative that is prohibited under Title 14 CCR sections 18990.1 or 18990.2.
f. Failure to submit the reports required in Title 14 CCR sections 18994.1 and
18994.2.
EFFECTIVE DATE
6. Issuance. This Corrective Action Plan is final and effective from the date of
issuance.
6.1 Date of Issuance March 29, 2023
Mark de Bie, Deputy Director
Waste Permitting, Compliance and Mitigation Division
Department of Resources Recycling and Recovery
Corrective Action Plan
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