Staff Report.Organic Waste Disposal Reduction
PREPARED BY: Marina Chislett
Environmental Program Specialist
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 11/02/2021 ITEM NO: 13
DATE: October 27, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduction and First Reading of an Ordinance Amending the Los Gatos
Town Code Chapter 11 Regarding Garbage, Refuse, and Weeds to Include
Organic Waste Disposal Reduction and Amending Sections Conflicting with
Ordinance Definitions and Requirements.
RECOMMENDATION:
Accept public comment then move for the introduction and first reading of an Ordinance
(Attachment 1), by title only, amending the Los Gatos Town Code Chapter 11 regarding
Garbage, Refuse, and Weeds to include Organic Waste Disposal Reduction and amending
sections of the existing Code (Exhibit A) conflicting with Ordinance definitions and
requirements.
BACKGROUND:
In September 2016, Governor Jerry Brown signed into law Senate Bill 1383 (SB 1383), with
regulations finalized in November 2020. The purpose of this bill is to establish methane
emissions reduction targets in a statewide effort to reduce emissions of short-lived climate
pollutants (SLCP). SB 1383 is the most significant waste reduction mandate to be adopted in
California in the last 30 years.
SB 1383 established targets to achieve a 50 percent reduction in the level of statewide disposal
of organic waste from 2014 levels by 2020 and a 75 percent reduction by 2025. Additionally, a
food recovery target was established, including a target that no less than 20 percent of current
disposed of edible food is recovered for human consumption by 2025. SB 1383 grants the
California Department of Resources Recycling and Recovery (CalRecycle) the regulatory
authority required to achieve the organic waste disposal reduction targets. To reach this goal,
CalRecycle implemented initiatives to reduce the amount of solid waste sent to
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BACKGROUND (continued):
landfills and promote recycling in California, including organic waste recycling. The law focuses
on residential and commercial trash generators, with both performance targets and penalties
levied against the jurisdiction for non-compliance.
For the Town of Los Gatos, solid waste collections are managed by the West Valley Solid Waste
Management Authority (WVSWMA) where Councilmember Mary Badame has represented the
Town since January 2020. SB 1383 has been discussed with the WVSWMA in the course of that
agency’s regular business. On May 4, 2021, the WVSWMA Executive Director, Marva Sheehan,
provided an SB 1383 implementation update to the Town Council. On October 5, 2021, Senate
Bill 619 (SB 619) was signed into law granting jurisdictions an extension for compliance of SB
1383, with written intent to comply no later than May 1, 2022. SB 619 does not change the
required implementation date of January 1, 2022.
DISCUSSION:
Enactment of SB 1383 requires extensive collaboration between the Town of Los Gatos and the
WVSWMA to achieve compliance. Town staff are working diligently with the WVSWMA on SB
1383 progress and program implementation. The Town’s current implementation compliance
requirements include the adoption of new organic waste disposal reduction requirements as
presented in the draft Organic Waste Disposal Reduction Ordinance in Attachment 1. The new
ordinance includes single-family, commercial, and multi-family requirements; waiver
requirements; edible food generator and edible food recovery requirements; hauler
requirements; and inspections and enforcement. Below are summaries of the Ordinance
sections with the incorporated SB 1383 regulations.
Single-family, commercial, and multi-family requirements proposed in Sections 11.50.15 and
11.50.20:
• Generators of discarded materials shall participate in the franchised haulers
collection services;
• Containers for discarded waste must adequately provide collection for
separation of discarded materials through size, service rate, and designated
container colors (e.g., solid waste containers must have a black body or lid,
recycling containers must have a blue body or lid, and organic containers must
have a green body or lid);
• Generators shall not place prohibited container contaminants in collection
containers (e.g., generators shall not place materials designated for the solid
waste container into either the recyclable or organic materials container);
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DISCUSSION (continued):
• Commercial businesses and multi-family residential dwellings shall provide
education information to occupants regarding the new regulations; and
• Commercial business shall provide containers for the collection of recyclable and
organic materials in all indoor and outdoor areas that solid waste is collected.
Waiver requirements proposed in Section 11.50.25:
• The Town or WVSWMA may waive a commercial business or multi-family
residential dwellings obligation to the Ordinance if the generator generates
below a certain amount of discarded materials, or the premises lacks adequate
space for the collection containers required for compliance.
Edible food generator and food recovery requirements proposed in Sections 11.50.030 and
11.50.035:
All Santa Clara County jurisdictions have worked together to create uniform edible food
generator sections in the draft Ordinance. It is beneficial to maintain these County-wide
uniform sections as food generators and food recovery services tend to operate
throughout the County and benefit from that scale.
• Recover edible food that would otherwise be disposed;
• Arrange agreement with a food recovery organization or food recovery services
to collect and accept edible food;
• Keep records of the recovery organization and services that are used and the
quantity of edible food saved from the landfill; and
• Submit food recovery reports to the designated enforcement entity.
Hauler requirements proposed in Section 11.50.040:
SB 1383 hauler requirements have been incorporated in the current franchise
agreement between West Valley Collection & Recycling and the WVSWMA.
• Hauler shall transport recyclable, organic, and solid waste materials to facilities
approved by the WVSWMA through the franchise agreement; and
• Hauler shall comply with education, equipment, signage, container labeling,
container color, contamination monitoring, reporting, and other requirements
contained within its franchise agreement.
Inspection and enforcement requirements proposed in Sections 11.50.060 and 11.50.065:
Due to the nature of franchise agreements and countywide programs, the act of
inspections and enforcement within the Ordinance vary by enforcement entity (Town,
WVSWMA, exclusive haulers, and the administrators of the countywide edible food
generator and recovery program).
PAGE 4 OF 5 SUBJECT: Introduces Amendments to the Town Code to Include Organic Waste Disposal Reduction and Modifying Sections Conflicting with Ordinance Definitions and Requirements DATE: October 27, 2021
DISCUSSION (continued):
• To confirm compliance and enforcement of the regulations, the enforcement
entity is authorized to conduct inspection and investigations of any collection of
discarded materials collected from entities regulated by the applicable laws;
• Regulated entities shall provide or arrange for access during inspections and
route reviews. This section does not allow the enforcement entity to enter the
interior of a private residential property for inspection;
• Violation of the Ordinance shall constitute grounds for issuance of a notice of
violation and assessment of a fine; and
• Penalty amounts and appeals process carried out by the Town will follow Los
Gatos Municipal Code chapter 1.30.
Miscellaneous: SB 1383 Organic Waste Procurement Requirements (Administrative Policy):
Although not a part of the recommended ordinance, SB 1383 requires each jurisdiction
to procure recovered organic waste products including compost, renewable gas, and/or
electricity from biomass conversion at a formulaic quantity set by the State.
Jurisdictions are also responsible for procurement of recycled-content paper consistent
with Public Contract Code (§18993.3). All procurement requirements require ongoing
tracking of quantity, materials purchased, and an explanation if no feasible options were
available, to be reported to CalRecycle annually.
The procurement target for the Town of Los Gatos is 2,479 tons of organic waste.
Town staff has explored the possibility of reaching procurement targets with the
purchase, use, and giveaway of certified compost and mulch. This could achieve an
estimated 3% of the procurement target at a significant cost to the Town, an approach
that appears ineffective and therefore infeasible. Staff is working closely with
WVSWMA, Silicon Valley Clean Energy, as well as other municipalities and organizations
in identifying organic waste procurement compliance options, with the potentiality of
achieving compliance through a regional effort. Future approaches to compliance will
be incorporated into Town procedures and policies.
CONCLUSION:
Staff recommends that the Town Council introduce the first reading of an ordinance amending
the Los Gatos Town Code Chapter 11 regarding Garbage, Refuse, and Weeds to include Organic
Waste Disposal Reduction and amending sections that conflict with Ordinance definitions and
requirements.
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COORDINATION:
This report was coordinated with the WVSWMA.
FISCAL IMPACT:
The overall implementation of SB 1383 will include increased costs for the waste hauler and
administrative services as well as increased Town staff time. These costs will be recovered
through increased solid waste collection rates. Rates in the current fiscal year increased to
$40.11 from $35.16 for the most common, 35-gallon residential cart rate, largely due to SB
1383 impacts. This is a 14% rate increase as opposed to the typical annual increase range of 4%
- 8%. Organic waste procurement requirement costs are still to be determined as staffs
continues to explore options for compliance.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Ordinance with Exhibit A - Amendment to Chapter 11 – Garbage, Refuse and Weeds.