HomeMy WebLinkAbout20 - Response to the Recommendations of the Orange County Grand Jury Report "Talking Trash: Recyclables and Organic Waste"Q �EwPpRT
CITY OF
NEWPORT BEACH
<,FORNP City Council Staff Report
August 27, 2024
Agenda Item No. 20
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Charles Springer, Senior Management Analyst - 949-718-3466,
cspringer@newportbeachca.gov
TITLE: Response to the Recommendations of the Orange County Grand
Jury Report "Talking Trash: Recyclables and Organic Waste"
ABSTRACT:
The Orange County Grand Jury (OCGJ) released a report entitled, "Talking Trash:
Recyclables and Organic Waste" and the City of Newport Beach must provide responses to
the findings and recommendations in the report no later than September 10, 2024. The
Public Works Department requests City Council review and approval of the attached
response letter.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Approve the City's response to the 2023-2024 Orange County Grand Jury report entitled
"Talking Trash: Recyclables and Organic Waste" and authorize the Mayor to sign and
submit the letter to the Presiding Judge of the Superior Court.
DISCUSSION:
On June 5, 2024, the OCGJ released a report entitled "Talking Trash: Recyclables and
Organic Waste," (Attachment A) an investigative report on how Orange County jurisdictions
are responding to Senate Bill (SB) 1383, their successes and challenges, and the impact of
this new requirement on Orange County residents. As part of that analysis, the OCGJ
recommended improvements in several areas, including container standardization, funding
and enforcement, education and outreach, and procurement of recovered organic waste
products.
The City is required to respond to the report's findings and recommendations. The Newport
Beach Public Works Department has drafted a response letter (Attachment B) for the City
Council's review. With the approval of City Council, the letter will be forwarded to the
Presiding Judge of the Superior Court.
20-1
Response to the Recommendations of the Orange County Grand Jury Report "Talking
Trash: Recyclables and Organic Waste"
August 27, 2024
Page 2
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — OCGJ Report
Attachment B — Proposed Response Letter to the OCGJ
20-2
Attachment A
CITY OF NEWPORT BEACH
Received by J.B.
June 5, 2024
The Honorable Will O'Neill
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mayor O'Neill:
JUN 10 2024
Office of the City Manager
ORANGE COUNTY GRAND JURY
700 CIVIC CENTER DRIVE WEST • SANTA ANA, CALIFORNIA 92701 • 714/834-3320
www.ocgrandjury.org • FAX 714/834-5555
Enclosed is a copy of the 2023-2024 Orange County Grand Jury report Talking Trash: Recyclables and Organic Waste.
Pursuant to Penal Code 933.05(f), a copy of the report is being provided to you at least two working days prior to its public
release. Please note that under that subsection, "No officer, agency, department, or governing body of a public agency shall
disclose any contents of the report prior to the public release of the final report." (Emphasis added.) It is required that you
provide a response to each of the findings and recommendations of this report directed to your office in compliance with
Penal Code 933.05(a) and (b), a copy is enclosed.
Please distribute this report to your governing body.
For each Grand Jury recommendation accepted and not implemented, provide a schedule for future implementation. In
addition, by the end of March of each subsequent year, please report on the progress being made on each recommendation
accepted but not completed. These annual reports should continue until all recommendations are implemented.
Please mail the response to the recommendations to Maria Hernandez, Presiding Judge of the Superior Court, 700 Civic
Center Drive West, Santa Ana, CA 92701, with a separate copy mailed to the Orange County Grand Jury, 700 Civic Center
Drive West, Santa Ana, CA 92701, no later than 90 days after the public release date, June 11, 2024, in compliance with
Penal Code 933, copy enclosed. The due date then is September 10, 2024.
Should additional time for responding to this report be necessary f'or further analysis, Penal Code 933.05(b)(3) penrrits an
extension of time up to six months from the public release date. Such extensions should be advised in writing, with the
information required in Penal Code 933.05(b)(3), to the Presiding Judge of the Superior COUI"t, with a separate copy of the
request to the Grand Jury.
We tentatively plan to issue the public release on June 11, 2024. Upon public release, the report will be available on the
Grand Jury website at www.ocarandiurti.orV.
Very truly yours,
Michael J. Verrigia, Foreperson
2023-2024 ORANGE COUNTY GRAND JURY
MJV:jm
Enclosures: Grand Jury Report
Penal Code 933, 933.05
Cc: Grace K. Leung, City Manager
20-3
Talking Trash:
Recyclables and
Organic Waste
OF
rF��
Talking Trash: Recyclables and Organic Waste
TABLE OF CONTENTS
SUMMARY...................................................................................................................... 3
BACKGROUND.............................................................................................................. 3
REASON FOR THE STUDY...........................................................................................4
METHOD OF STUDY......................................................................................................5
INVESTIGATION AND ANALYSIS.................................................................................6
Overviewof SB 1383.................................................................................................. 6
How Are Jurisdictions Impacted by SB 1383?........................................................ 7
Orange County Jurisdictions' SB 1383 Implementation Status .............................8
How do jurisdictions assess their own progress?..................................................... 8
Main Implementation Issues..................................................................................... 8
COMMENDATIONS......................................................................................................18
FINDINGS.....................................................................................................................18
RECOMMENDATIONS.................................................................................................19
RESPONSES................................................................................................................ 21
ResponsesRequired...............................................................................................22
Findings — 90 Day Response Required.................................................................. 22
Recommendations — 90 Day Response Required .................................................. 24
REFERENCES.............................................................................................................. 25
GLOSSARY.................................................................................................................. 26
APPENDICES............................................................................................................... 28
APPENDIX A — SURVEY RESULTS......................................................................... 28
APPENDIX B — CIRCULAR ECONOMY STARTS IN YOUR KITCHEN ................... 33
2023-2024 Orange County Grand Jury Page ii
20-5
Talking Trash: Recyclables and Organic Waste
n 11 _ : �
In 2016, the State of California enacted Senate Bill (SB) 1383, requiring counties, cities,
and other organizations responsible for waste collection to coordinate with their
residents to divert organic waste, including food scraps, from the landfill waste disposal
stream. Another provision makes jurisdictions responsible for procuring a quantity of the
recovered organic waste products resulting from the diversion. The 2023-2024 Orange
County Grand Jury (OCGJ) investigated how Orange County jurisdictions are complying
with the requirements and goals of SB 1383 that impact single-family residential units.
The investigation revealed that the approaches to meeting SB 1383's requirements vary
greatly from jurisdiction to jurisdiction. The majority of Orange County jurisdictions have
not yet distributed residential waste containers that meet the SB 1383 standardization
requirements, leaving outdated labeling/embossing in place. Education and outreach
have not yet taken place at all in some jurisdictions. Even when information has been
disseminated in other jurisdictions, the methods disproportionately favor intermittent
paper mailings. Also, the State's unrealistic targets for the procurement of recycled
organic waste products do not account for a jurisdiction's population density or
geographic size, which frequently makes them extremely difficult to meet.
The local enforcement stage of SB 1383 started on January 1, 2024. However, the
majority of Orange County jurisdictions are unlikely to meet the SB 1383 targeted
seventy-five percent reduction in the amount of organic waste sent to landfills by
January 2025.
The OCGJ concludes there is a clear need to improve education and outreach efforts,
develop enforcement mechanisms and processes, and to coordinate and collaborate
among all jurisdictions to collectively address the challenges and to achieve the goals
and targets of SB 1383.
BACKGROUND
Organic waste comprises more than a third of the waste stream in California and
includes green waste, wood, food waste, and fibers such as paper and cardboard.
When left to decompose in landfills, organic waste releases large amounts of methane
gas which is harmful to the environment (CalRecycle, 2024). In September 2016, SB
1383 set reduction targets in a statewide effort to reduce emissions of Short -Lived
Climate Pollutants (SLCP) including methane. Simply put, this required all statewide
jurisdictions to implement mandatory organic waste collection and recycling to divert
organic waste from landfills. Another key benefit of the diversion of organic and other
recyclable material from landfills is the preservation of overall landfill capacity.
In 2014, the State conducted random sampling of twenty-six landfills, Material Recovery
Facilities (MRF), and Transfer Stations located in twenty-one of California's fifty-eight
counties (none in Orange County). The results were used to establish the baseline for
2023-2024 Orange County Grand Jury Page 3
20-6
Talking Trash: Recyclables and Organic Waste
the required reduction in organic waste destined for landfills. SB 1383 then set goals to
reduce organic waste sent to landfills below the 2014 baseline by fifty percent no later
than January 1, 2020, and seventy-five percent by January 1, 2025. However, despite
the law's requirements, the amount of organic waste sent to landfills statewide actually
increased by twenty-three percent above the 2014 baseline (Little Hoover Commission,
2023).
SB 1383 requires all jurisdictions to memorialize the bill's requirements in their
municipal codes and ordinances no later than January 1, 2022. One of the results of
these changes is that each jurisdiction had to amend or renegotiate their waste haulers'
franchise agreements to incorporate the new requirements.
In accordance with SB 1383, as of January 1, 2024, all jurisdictions (and therefore all
waste producers) will be subject to enforcement, including monetary fines. While SB
1383 has a myriad of requirements for commercial as well as residential waste
producers, the OCGJ narrowed its investigation to the impacts associated with local
jurisdiction compliance with SB 1383 on Orange County residents. This report focuses
on the specific requirements associated with SB 1383, the local actions taken so far to
meet those requirements, the success of those actions and how they are measured,
local agency outreach and education efforts, and the challenges that remain for the
County of Orange and the county's thirty-four cities.
REASON FOR THE STUDY
The organics diversion mandate under SB 1383 began to take effect in California on
January 1, 2022. This means that jurisdictions in California were required to implement
programs for the separation and diversion of organic waste, including food scraps, from
landfill disposal. The actual enforcement of this requirement started on January 1, 2024.
The OCGJ's intent was to take a closer look at how Orange County jurisdictions are
responding to this mandate, their successes and challenges, and the impact of this new
requirement on the Orange County residents.
The OCGJ initially focused on two questions:
• What actions have Orange County jurisdictions taken to implement organics
collection for their residential customers, and how do they measure the success
of these actions?
Given that one key to the success of SB 1383 is public participation, have local
jurisdictions conducted sufficient outreach and education?
While investigating the answers to these questions, the OCGJ discovered additional
information about Orange County recycling and waste management that is notably
relevant to this topic and is included in this report.
2023-2024 Orange County Grand Jury Page 4
20-7
Talking Trash: Recyclables and Organic Waste
METHOD OF STUDY
The OCGJ toured several local waste facilities, including:
The Frank R. Bowerman landfill in Irvine, owned by the County of Orange and
managed and operated by OC Waste & Recycling (OCW&R). This enabled the
OCGJ to gain a better understanding of the refuse collection and disposal
process.
The MRF operated by Rainbow Environmental Services, located at 17121
Nichols Lane in the city of Huntington Beach. This facility was previously
decommissioned then reopened on short notice when the newer Anaheim MRF
was destroyed by fire in February 2022.
• The MRF operated by Waste Management, located at 2050 North Glassell Street
in the city of Orange. This tour allowed the OCGJ to gain information on the
operation of a newer, larger MRF.
The OCGJ reviewed SB 1383 and related documents, training videos, public meeting
recordings, and presentations available on the CalRecycle website.
The OCGJ reviewed online publications from various organizational and media sources
related to trash hauling and general operations of the waste and recycling industry and
conducted fourteen interviews with representatives from the waste industry, local
jurisdictions, and the State's enforcement agency.
The OCGJ also disseminated a nine -question survey to each of the thirty-four Orange
County cities and the County to obtain their perspectives on local implementation of SB
1383. Follow-up interviews were conducted with representatives of the same ten cities
included in the 2019-2020 OCGJ report "OC Recycling: Doing it the Right Way" and the
County for additional insight into each jurisdiction's implementation of, and compliance
with, SB 1383's requirements.
The OCGJ utilized the same sampling of ten cities as well as the County of Orange (for
its unincorporated areas) because they represent different geographical areas of the
county (from Brea in the north to Dana Point in the south) and reflect a variety of larger
cities by population and/or land area (e.g., Santa Ana, Irvine) and some that are smaller
(e.g., Buena Park, Mission Viejo).
Individual members of the OCGJ also observed the types and colors of carts, their
labeling, and their contents at various locations throughout the county. These
observations were documented via photographs to illustrate dissimilar details and
nuances among jurisdictions and haulers.
2023-2024 Orange County Grand Jury Page 5
20-8
Talking Trash: Recyclables and Organic Waste
INVESTIGATION AND ANALYSIS
Overview of SB 1383
SB 1383 set ambitious targets for reducing organic waste disposal in landfills from the
2014 baseline: fifty percent by January 2020 (which was not met), and seventy-five
percent by January 2025. Organic waste comprises more than half the waste stream in
California and includes green waste, wood, food waste, and fibers such as paper and
cardboard. When left to decompose in landfills, organic waste releases large amounts
of methane gas. The overall goal of the bill is to reduce greenhouse gas emissions by at
least four million metric tons per year by 2030 by requiring that "organics" going to the
landfill be reduced to 5.7 million metric tons by 2025.
This groundbreaking legislation is a statewide effort to reduce Short -Lived Climate
Pollutants (SLCPs). SLCPs such as methane, black carbon, tropospheric (ground level)
ozone, and hydrofluorocarbons remain in the atmosphere for a shorter time than carbon
dioxide but have a much stronger warming effect. Therefore, reducing SLCPs has the
potential to significantly slow global climate change in the near term (California Air
Resources Board, 2024). The State's efforts and policies are intended to substantially
increase the rate of organic material diversion away from landfills. This diversion goal is
meant to move the State towards the desired "circular economy" where organic waste is
collected, converted into new materials or products, and reused for other purposes.
September
2016
Jan. 2019 January 1, 2025
Regulati,
oannfAa
50 Percent
Reduction in Organic
Waste Dis osal
2016-2019 2020 2021
Figure 1
Regulations Take
Effect and State
Enforcement
Begins
Jan. 1, 2024
Source: CalRecycle
ri
ICI
2023-2024 Orange County Grand Jury Page 6
20-9
Talking Trash: Recyclables and Organic Waste
How Are Jurisdictions Impacted by SB 1383?
In this context, a jurisdiction may be a city, county, city and county, or special district
that collects solid waste.
The jurisdictions' responsibilities specified by SB 1383 relating to residential units
include (CalRecycle, 2024):
• Providing organics collection services to all residents
• Conducting education and outreach to community
• Procuring recyclable and recovered organic products
• Securing access to recycling capacity
• Monitoring compliance and conducting enforcement
SB 1383 contains a significant amount of detail regarding the types of allowable
collection programs. Critical requirements are listed below:
Each resident must subscribe to an organic waste collection service that either
"source -separates" the waste by using separate bins or transports all
unsegregated waste to a facility that recovers seventy-five percent of the organic
content collected.
• SB 1383 requires one of the following collection options:
A one -can system — all contents are transported to a facility that recovers
seventy-five percent of the organic content.
A two -can system — at least one of the containers (whichever includes organic
waste and garbage) must be transported to a facility that recovers seventy-
five percent of the organic content.
A three -can system — organic waste is required to be source separated
(recyclables in blue, food and yard waste in green).
Jurisdictions must also conduct education and outreach to all residents regarding
collection service requirements, contamination standards, self -haul requirements, and
overall compliance with SB 1383. Educational material must be linguistically accessible
to non-English speaking residents.
2023-2024 Orange County Grand Jury Page 7
20-10
Talking Trash: Recyclables and Organic Waste
.Jurisdiction Responsibilities
Provide
Establish
Organics
Edible Food
Collection
Recovery
Services to All
Program
Residents and
Businesses
Figure 2
Conduct
Procure
Secure
Monitor
Education and
Recyclable
Access to
Compliance
Outreach to
and Recovered
Recycling
and Conduct
Community
Organic
and Edible
Enforcement
Products
Food
Recovery
Capacity
Source: CalRecycle
Orange County Jurisdictions' SB 1383 Implementation Status
How do jurisdictions assess their own progress?
The OCGJ sent a ten -question survey to thirty-four cities and OC Waste & Recycling
(OCW&R) and received thirty-one responses. The purpose of the survey was to verify
how these agencies measure their progress on the implementation of various aspects of
SB 1383. Survey participants were asked to mark their progress on the scale from 1
(significant challenges) to 5 (excellent) for each of the questions. The survey questions
as well as more detailed information on responses and follow-up comments and
explanations is included in Appendix A.
Main Implementation Issues
To follow-up on the survey, the OCGJ conducted a series of interviews with jurisdictions
to learn more about their specific challenges in implementing SB 1383, successes,
concerns, and solutions to common issues. The eleven jurisdictions interviewed were
the same included in the 2019-2020 OCGJ report "OC Recycling: Doing it the Right
Way" representing different geographical areas of the county and a variety of
populations and/or land areas. Several themes emerged from the interviews:
• Container Standardization
SB 1383 requires standardized colors for residential and business curbside containers
(green for organics, blue for recyclables, and grey for trash). It also requires container
2023-2024 Orange County Grand Jury Page 8
20-11
Talking Trash: Recyclables and Organic Waste
labels on new containers. The color scheme for collection containers must meet either
of these requirements:
o The lid of the container is the correct designated color
o The body of the container is the correct designated color, and the lid is also
the same specified color or may be gray or black
Out of the eleven jurisdictions interviewed, only two have distributed containers that
meet the State requirements. However, jurisdictions are not required to replace
containers prior to January 1, 2036. Most are replacing their containers gradually over
time. The variety of colors used by various jurisdictions contributes to the confusion and
potentially increases contamination rates. In many cases, existing containers include
embossed information that is no longer accurate or labels with outdated information
(see examples below).
4
, 5
b.e RA
A Y' :t-
� v.
I
�i;.i1l�?�:LGLt..-- l-L:a�iu=Ll;ll_I:IS1 L4L�'�-'.•',
ENS
Figure 3. The embossed information wrongly directs residents to put
plastic grocery bags in the recycling container. Photo: OCGJ
2023-2024 Orange County Grand Jury
Page 9
20-12
Talking Trash: Recyclables and Organic Waste
Figure 4. The old sticker incorrectly directs residents to put shoes, clothes,
and other textiles in the recycling container. Photo: OCGJ
Figure 5. Outside label on the 'green waste' container contains
no information regarding food scraps. Photo: OCGJ
The following two images of the "Food Scrap" container (outside and inside) were taken
by an OCGJ member in a public park. The contents of the container, which contains
unallowable items, such as plastic packaging, further underscores the need for clear
signage and more public education.
2023-2024 Orange County Grand Jury Page 10
20-13
r
�dQIG7 SGPiAPS ra..aMti.re.a.y' .. .. 1•._ �!.•...._ ��•:C7,«:`t'r��
. a v..parertiine r ey.r �� � ', l�•11.x.—.1 'i.vea' I�'�tic
�� � �'J4 �. !.� � ' � �� 'Tp.... QS�,.nl^1n vn1 V� •..�: rOYidCTi�p
• �� �. !fir �.•.�. r_ .ram
�` _ - ,, :tip' t � ` ��:,,.R i "-- ' • I •�
tiaK
Talking Trash: Recyclables and Organic Waste
Another standardization issue is that what is accepted for recycling varies among the
jurisdictions and haulers.
For example, some allow palm fronds into organics bins while others do not, and some
allow food scraps to be deposited in compostable bags while others do not, further
adding to the confusion.
• Funding and Enforcement
While conducting interviews with the Orange County jurisdictions, the OCGJ learned
that there are two approaches to funding their solid waste management programs
(including SB 1383 implementation activities): (1) using an enterprise fund; and (2)
using the general fund. Using an enterprise fund ensures that all revenues generated by
the solid waste management program are reinvested in that program rather than being
diverted into other needs of the jurisdiction.
Even though enforcement activities were effective starting January 1, 2024, jurisdictions
only conduct inspections and spot-checks of residential customers' organic and trash
containers using either "lid flipping" or smart trucks that record the contents of the
containers as they are being emptied. Haulers (via contracts) have been designated to
perform these functions. If residents are found to be in violation, the first step is to
provide them with additional educational materials and information. If the violation
persists, warning notices are issued. The final step is issuing fines. The penalties
imposed by a jurisdiction are based on Government Code Sections 53069.4, 25132,
and 36900, and are as follows:
• First violation: $50-$100 per violation,
• Second violation: $100-$200 per violation;
• Third or subsequent violation: $250-$500 per violation
Penalties increase when an entity violates the same requirement within a one-year
period (CalRecycle, 2024).
While jurisdictions have yet to collect fines, some have not even established the
collection protocol or the account where collected fines will be deposited.
• Education and Outreach
Clearly, there is a need for more education and outreach. The success of SB 1383
implementation and the ability to reach the CalRecycle goal of a seventy-five percent
diversion rate depend largely on residents' compliance and behavior change. Education
and outreach is the first and most critical component of that change.
"The accuracy of consumer disposal decisions directly influences the
performance of the recycling system." (Christian Blanco C. S., 2023)
2023-2024 Orange County Grand Jury Page 12
20-15
Talking Trash: Recyclables and Organic Waste
Most interviewed jurisdictions collaborate with haulers to create and distribute
educational materials. Others also use consulting services for that purpose. Outreach
strategies, the number of outreach events and communications, as well as participation
rates vary greatly from jurisdiction to jurisdiction, but most rely heavily on paper
mailings, which may not be the most effective way of reaching the public. If combined
with junk mail, the educational material may go unread into a recycling bin, if not the
trash. Frequently, the information flyers are mailed together with hard -copy utility bills,
which may overlook those who subscribe to electronic billing.
As part of their outreach/education campaigns, some of the interviewed jurisdictions
purchased kitchen pails for recycling food scraps to distribute to some or all households.
These purchases were funded through SB 1383 assistance grants from CalRecycle,
which most of the Orange County jurisdictions applied for and received.
The OCGJ reviewed a sampling of educational materials being distributed by several
cities and concluded that the quality of these materials can range from highly
informative publications with accessible and attractive designs to flimsy "newsletters"
issued by haulers for their respective jurisdictions with graphics and instructions that are
barely legible.
Paper mailings have their role but represent only one of many possible outreach
methods. The recycling industry itself is embracing technological advancements,
including the use of Artificial Intelligence (AI), in waste sorting, predicting trends, the use
of smart hauler trucks and smart bins, as well as in outreach and education (Recycling
Inside, 2023).
According to Recycling Inside, "Al can play a pivotal role in educating the public about
recycling practices. Chatbots and virtual assistants powered by Al can provide real-time
guidance on waste disposal, recycling guidelines, and collection schedules. By
engaging with individuals through personalized interactions, AI -driven platforms can
raise awareness, promote recycling behavior, and facilitate proper waste management
at the consumer level."
According to research by the Recycling Partnership, "People have a misconception that
what is recyclable doesn't change. They are recycling incorrectly in some cases
because they are basing decisions on past guidelines and recycling knowledge such as
believing milk cartons are wax coated and should not be recycled, or envelopes with
windows should not be recycled. They think they know what they need to know about
recycling because that's what they've always known." (Center for Sustainable Behavior
& Impact, 2022)
More than seventy percent of people surveyed wish there was an easier way to
get information on what can and can't be recycled in their community. (Center for
Sustainable Behavior & Impact, 2022)
2023-2024 Orange County Grand Jury Page 13
20-16
Talking Trash: Recyclables and Organic Waste
Determining the success of their outreach efforts is another challenge that Orange
County jurisdictions are facing in the near future. Most jurisdictions need to determine
how to measure outreach efforts, as the enforcement started January 1, 2024. Having
common standards and methods to measure the success of public education and
compliance, and regularly posting this information on the jurisdiction's website related to
SB 1383 goals, will give the public an incentive to comply with SB 1383. However, in the
interim, there is a significant amount of visual evidence regarding the level of residents'
confusion as evidenced by the photo below. The photo is the amount of waste in the
first five hours of a workday that was improperly included in residential recyclable
containers and delivered to a MRF, where it had to be hand sorted out.
Figure 8: Waste improperly included in recyclable containers Photo: OCGJ
• Procurement of Recovered Organic Waste Products
Representatives from most of the jurisdictions the OCGJ interviewed indicated that
meeting the procurement requirements of SB 1383 is challenging. This is due to their
jurisdictions' State -calculated procurement targets far exceeding the quantity of
recovered organic waste products that they can utilize.
To comply with SB 1383, jurisdictions must procure recovered organic waste
products to meet an annual procurement target. Recovered organic waste
products include:
o Compost
o Mulch
2023-2024 Orange County Grand Jury Page 14
20-17
Talking Trash: Recyclables and Organic Waste
o Renewable energy (transportation fuel, electricity, and gas for heating)
from anaerobic digestion
o Electricity from biomass conversion
Each jurisdiction's procurement target is calculated by multiplying its population,
as reported by the California Department of Finance, by the per capita
procurement target (0.08 tons of organic waste per California resident per year).
The resulting procurement target can then be multiplied by product conversion
factors (as established by the regulations) to determine the annual procurement
requirements for recovered organic waste products.
Source: CalRecycle
As one of the survey respondents stated:
"Meeting the annual procurement target presents a significant challenge. In addition, the
formula used to calculate a jurisdiction's procurement target does not account for
density or square miles. Denser areas equal less space to distribute mulch or compost.
More people equals higher procurement target."
As a result, a number of jurisdictions with high procurement targets had to use grant
funding to purchase the required amounts of compost/mulch. Because the required
target procurement amounts exceeded what they can utilize in their communities, they
had to distribute the compost/mulch (via hauler) to agricultural communities outside
Orange County. They also admitted that without grant funding, meeting the targets will
be even more difficult and will require diverting resources from their own communities or
raising rates.
The regulations limit procurement to "use or giveaway, and do not include the sale of
products (14CCR Section 18993.1(e)(1)] so jurisdictions cannot sell the procured
recovered organic waste products, such as compost, via a third party." (CalRecycle,
2022)
Renewable Natural Gas (RNG) is one of the products that can be counted towards
meeting a jurisdiction's procurement goal. Haulers operating in Orange County,
including Republic, CR&R, and Waste Management, utilize trucks powered by RNG.
However, in most cases the RNG they use is not purchased from an approved facility so
it cannot be counted towards the required procurement goal. CalRecycle maintains a list
of anaerobic digestion facilities in California to help jurisdictions find renewable gas that
may be eligible towards their SB 1383 procurement obligations.
Currently, this list contains only six facilities that produce Compressed Natural Gas
(CNG), which in this case is presumably compressed RNG. None of these facilities is
located in Orange County. The closest are located in Riverside County (Perris), San
Bernardino County (Victorville and Rialto), and San Diego County (Escondido).
The issue of RNG is further complicated by the fact that some sewage treatment plants
also produce RNG, which (according to CalRecycle) is mostly ineligible. Below is the
2023-2024 Orange County Grand Jury Page 15
20-18
Talking Trash: Recyclables and Organic Waste
information included in "Frequently Asked Questions" on RNG on the CalRecycle
website (CalRecycle, 2022):
Renewable gas derived solely from sewage is ineligible for meeting the
procurement target because a Publicly Owned Treatment Work (POTW) is not a
solid waste facility and therefore not in the scope of the legislative intent of SB
1383. Sewage is also not typically destined for a landfill, so its use does not help
achieve the landfill diversion goals.
However, Title 14 explicitly authorizes POTWs to accept food waste without a solid
waste facility permit, making it functionally similar to incentivizing biomethane from
a solid waste facility. Therefore, it is justifiable to allow the portion of renewable
gas resulting from the digestion of food waste at POTWs to count toward the
procurement targets, provided the POTW accepts food waste from specified
facilities or operations (see 14 CCR Section 18993.1(h)(1)j and meets all other
applicable regulatory requirements. For more information, please see the Final
Statement of Purpose and Necessity (pages 178-180).
The issue of procurement difficulties encountered by California jurisdictions is
mentioned in the Little Hoover Commission 2023 report on the implementation of SB
1383. The Commission recommended that "the state should expand the list of
compliance pathways and products eligible to count toward a jurisdiction's procurement
requirements." (Little Hoover Commission, 2023)
• Coordination and Vision for the Future
In a county with thirty-four cities and several other jurisdictions, coordination,
collaboration, and sharing resources and best practices can be a challenge. The OCGJ
learned that county -wide groups meet on a regular basis, including a waste
management coordinators' group, a haulers' group, and a market development group.
Additionally, the OCGJ learned that OCW&R has assumed a leadership role in
positioning Orange County for a greener, more sustainable future.
OCW&R has a clear vision for a regional, county -wide approach to the implementation
of SB 1383, which includes not only organics and edible food strategies, but also market
creation and development, procurement and compliance, and regional standardization
and collaboration.
The details of their vision are outlined in the 2024 presentation to the legislative group,
which is available on the OCW&R website (OC Waste & Recycling, 2024).
The following slide has been taken from this presentation.
2023-2024 Orange County Grand Jury Page 16
20-19
Talking Trash: Recyclables and Organic Waste
ORNGE is the New Green — System Concept
HOW
0RNGE
WORKS
IF -ID
CIRCULAR
ECONOMY 4t� o3
0ed"-
Resiential
Organic Waste
0
Commercial
Organic Waste
In final draft stages for long term plan.
• Jr •
■ r ® ,
° IP Anaerobic •
• Co-DigestioriO Digestion
e
• Ilia ■
■ IF ■
• Phase2 r Phase ■
Organics to Renewable Natural Gas and Energy
Current 3 Compost Facilities Built
Phase/ Next stages of growth
Compost Healthy Soil
Solids Solar Farm
System FS
4>
Renewable Natural Gas and Energy
10
Figure 9. Circular economy concept for Orange County Source: OCW&R
• Other Issues
Multi -family housing units: While not within the scope of this report, it should be noted
that services to multi -family units still pose a significant challenge. Jurisdictions are
required to provide organic waste collection to multi -family units. Many find it difficult to
provide a three -bin source -separated service to these units due to limited space.
Creative solutions, such as providing smaller organics containers or containers that are
placed in a common area to serve multiple units, have been utilized by Orange County
cities, but full compliance is difficult to achieve.
The cost of SB 1383 implementation: The Little Hoover Commission Report states that
the gross cost of implementation was determined to be $40 billion between 2019 and
2030. (CalRecycle, 2019) "About 5 percent of this figure represents soft costs (i.e. the
work local jurisdictions must do to create organic waste programs, educate the public,
and ensure health, safety, and quality control measures are met). The other 95 percent
represents the cost of disposing of organic waste, including constructing infrastructure"
(Little Hoover Commission, 2023). Most Orange County jurisdictions interviewed by the
OCGJ indicated that they had to increase their residential and/or business waste
collection rates to cover the cost of expanded services mandated by SIB 1383.
2023-2024 Orange County Grand Jury Page 17
20-20
Talking Trash: Recyclables and Organic Waste
COMMENDATIONS
• County of Orange, OC Waste & Recycling is commended for having successfully
met SB 1383 mandates, developing new composting infrastructure, a model
education and outreach program, moving towards robust and repurposing
recycling programs, and developing gas -to -energy facilities to produce renewable
energy.
• City of Mission Viejo, Solid Waste Program is commended for their proactive
implementation of SB 1383 mandates, distributing compliant waste containers to
all residents, and producing a robust outreach and education program using
numerous delivery methods.
City of Santa Ana Public Works, Trash and Recycling Program is commended for
proactively revising their hauler contract to meet SB 1383 requirements,
producing a notable and ongoing outreach and education program, distributing
compliant waste containers to all residents, and fostering a highly collaborative
relationship with their hauler.
FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024
Grand Jury requires responses from each agency affected by the findings presented in
this section. The responses are to be submitted to the Presiding Judge of the Superior
Court.
Based on its investigation titled "Talking Trash: Recyclables and Organic Waste," the
2023-2024 Orange County Grand Jury has arrived at the following principal findings:
Container Standardization
F1. The majority of Orange County jurisdictions have not yet required their haulers to
distribute residential containers that meet the CalRecycle standardized colors,
leaving legacy and often incorrect or illegible labeling and embossing in place.
Funding and Enforcement
F2. While a jurisdiction may not delegate its overall responsibility for compliance with
State requirements to a hauler, some jurisdictions have designated the task of
imposing and collecting fines from residents to the hauler in accordance with
State law. However, not all jurisdictions are clear on who ultimately receives and
retains the collected fines.
F3. All jurisdictions will eventually start collecting fines from residents for non-
compliance, but some have not yet determined whether the revenues will go into
a waste and recycling enterprise fund or into the jurisdiction's general fund.
2023-2024 Orange County Grand Jury Page 18
20-21
Talking Trash: Recyclables and Organic Waste
Education and Outreach
F4. In most jurisdictions, education and outreach is a joint effort between jurisdiction,
hauler, and sometimes consultants, with the jurisdiction reviewing the materials
before publication. The methods of dissemination vary by jurisdiction and hauler
but frequently rely on a resident actively seeking the information, which requires
the resident to have some awareness of the new mandates in the first place.
Most efforts primarily revolve around intermittent hard -copy paper mailings.
F5. Most jurisdictions currently have no way to accurately determine the
effectiveness of their respective education and outreach efforts other than the
eventual inspections or audits that will take place.
Procurement of Recovered Organic Waste Products
F6. There is some concern that there are not enough composting facilities in Orange
County to process all organic waste, forcing some jurisdictions/haulers to
transport it long distances for processing.
F7. There is currently no infrastructure in the county that is a State -approved source
of Renewable Natural Gas (RNG) and energy from organic waste. Jurisdictions
that use vehicles running on RNG procured from non -approved sources cannot
count that RNG towards fulfillment of their procurement requirement.
F8. The formula used by the State to calculate a jurisdiction's procurement target
does not account for a jurisdiction's population density or geographic size
(square miles). As such, meeting the annual procurement target presents a
significant challenge for most jurisdictions.
F9. Many Orange County jurisdictions were unable to meet the requirement in SB
1383 to reduce organic waste sent to landfills by the 2020 deadline. It is unlikely
the required seventy-five percent reduction will be achieved by the 2025
deadline.
F10. The current procurement requirements mandated by SB 1383 are unrealistic and
likely unachievable by most jurisdictions.
IV=11 � I � 11LIA011 11 ► 11_ 0����
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024
Grand Jury requires responses from each agency affected by the recommendations
presented in this section. The responses are to be submitted to the Presiding Judge of
the Superior Court.
2023-2024 Orange County Grand Jury Page 19
20-22
Talking Trash: Recyclables and Organic Waste
Based on its investigation titled "Talking Trash: Recyclables and Organic Waste," the
2023-2024 Orange County Grand Jury makes the following recommendations:
Container Standardization
R1. All jurisdictions should expedite the acquisition and distribution of residential
containers that meet the CalRecycle standardized colors. Additionally, until the
compliant containers can be distributed, all jurisdictions should ensure the
distribution of labeling for non -compliant containers that explain the current SB
1383 requirements applicable to their jurisdiction by June 30, 2025.
Funding and Enforcement
R2. By December 31, 2024, all jurisdictions should ensure their waste hauling
agreements are in compliance with State statute so that haulers may be
designated to perform certain required tasks but are not improperly delegated
overall responsibility for compliance. Additionally, all jurisdictions should ensure
that any fines collected by a hauler are forwarded to the jurisdiction.
R3. The OCGJ recommends that all jurisdictions utilize a dedicated waste and
recycling enterprise fund for collection of fines for non-compliance with SB 1383
by December 31, 2024.
Education and Outreach
R4. By December 31, 2024, all jurisdictions should diversify the methods and media
used for education and outreach to include, among others, various social media
platforms, emails to residents, newspaper, television, flyer mailings, community
events, and appearances at other public gatherings.
R5. By December 31, 2024, and in order to gauge the effectiveness of their
education and outreach efforts, all jurisdictions should develop new methods to
engage residents directly to help determine their awareness of the requirements
associated with SB 1383, such as surveys, online quizzes, and door-to-door
polling.
Procurement of Recovered Organic Waste Products
R6. By June 30, 2025, the OCGJ recommends that all jurisdictions participate in the
OCW&R-led efforts to develop a coordinated county -wide approach to the
organics recycling infrastructure and programs as well as procurement
requirements associated with SB 1383, working towards creating circular
economy as a long-term goal.
2023-2024 Orange County Grand Jury Page 20
20-23
Talking Trash: Recyclables and Organic Waste
R7. By December 31, 2024, the Orange County Board of Supervisors and all Orange
County cities should lobby appropriate members of the State Legislature and/or
CalRecycle to revise the organic waste diversion targets to better reflect Orange
County's waste amounts, revise the jurisdictions' procurement requirements to
better represent the limited options currently available for procurement,
the jurisdictions' varying populations, population densities, and geographic size,
and to delay associated enforcement actions by the State.
RESPONSES
The following excerpts from the California Penal Code provide the requirements for
public agencies to respond to the Findings and Recommendations of this Grand Jury
report:
Section 933
(c) No later than 90 days after the grand jury submits a final report on the operations of
any public agency subject to its reviewing authority, the governing body of the public
agency shall comment to the presiding judge of the superior court on the findings and
recommendations pertaining to matters under the control of the governing body, and
every elected county officer or agency head for which the grand jury has responsibility
pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the
superior court, with an information copy sent to the board of supervisors, on the findings
and recommendations pertaining to matters under the control of that county officer or
agency head and any agency or agencies which that officer or agency head supervises
or controls. In any city and county, the mayor shall also comment on the findings and
recommendations. All of these comments and reports shall forthwith be submitted to the
presiding judge of the superior court who impaneled the grand jury. A copy of all
responses to grand jury reports shall be placed on file with the clerk of the public
agency and the office of the county clerk, or the mayor when applicable, and shall
remain on file in those offices. One copy shall be placed on file with the applicable
grand jury final report by, and in the control of the currently impaneled grand jury, where
it shall be maintained for a minimum of five years.
Section 933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the
responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the
response shall specify the portion of the finding that is disputed and shall
include an explanation of the reasons thereof.
2023-2024 Orange County Grand Jury Page 21
20-24
Talking Trash: Recyclables and Organic Waste
(b) For purposes of subdivision (b) of Section 933, as to each grand jury
recommendation, the responding person or entity shall report one of the following
actions:
(1) The recommendation has been implemented, with a summary regarding the
implemented action.
(2) The recommendation has not yet been implemented, but will be implemented
in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the
scope and parameters of an analysis or study, and a timeframe for the matter
to be prepared for discussion by the officer or head of the agency or
department being investigated or reviewed, including the governing body of the
public agency when applicable. This timeframe shall not exceed six months
from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is
not reasonable, with an explanation, thereof.
Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code
Section 933.05 are required from:
Findings - 90 Day Response Required
OC Board of Supervisors:
City Councils of:
Aliso Viejo
Anaheim
Brea
Buena Park
Costa Mesa
Cypress
Dana Point
Fountain Valley
Fullerton
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
2023-2024 Orange County Grand Jury Page 22
20-25
Talking Trash: Recyclables and Organic Waste
Garden Grove
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Huntington Beach
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Irvine
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
La Habra
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
La Palma
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Beach
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Hills
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Niguel
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Woods
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Lake Forest
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Los Alamitos
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Mission Viejo
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Newport Beach
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Orange
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Placentia
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Rancho Santa Margarita
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
San Clemente
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
San Juan Capistrano
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Seal Beach
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Stanton
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Tustin
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Villa Park
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Westminster
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
2023-2024 Orange County Grand Jury Page 23
20-26
Talking Trash: Recyclables and Organic Waste
Yorba Linda F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
mecornrnendations - 90 Day Response Required
OC Board of Supervisors:
R1, R2, R3, R4, R5, R6, R7
City Councils of:
Aliso Viejo
R1, R2, R3, R4, R5, R6, R7
Anaheim
R1, R2, R3, R4, R5, R6, R7
Brea
R1, R2, R3, R4, R5, R6, R7
Buena Park
R1, R2, R3, R4, R5, R6, R7
Costa Mesa
R1, R2, R3, R4, R5, R6, R7
Cypress
R1, R2, R3, R4, R5, R6, R7
Dana Point
R1, R2, R3, R4, R5, R6, R7
Fountain Valley
R1, R2, R3, R4, R5, R6, R7
Fullerton
R1, R2, R3, R4, R5, R6, R7
Garden Grove
R1, R2, R3, R4, R5, R6, R7
Huntington Beach
R1, R2, R3, R4, R5, R6, R7
Irvine
R1, R2, R3, R4, R5, R6, R7
La Habra
R1, R2, R3, R4, R5, R6, R7
La Palma
R1, R2, R3, R4, R5, R6, R7
Laguna Beach
R1, R2, R3, R4, R5, R6, R7
Laguna Hills
R1, R2, R3, R4, R5, R6, R7
Laguna Niguel
R1, R2, R3, R4, R5, R6, R7
Laguna Woods
R1, R2, R3, R4, R5, R6, R7
Lake Forest
R1, R2, R3, R4, R5, R6, R7
Los Alamitos
R1, R2, R3, R4, R5, R6, R7
Mission Viejo
R1, R2, R3, R4, R5, R6, R7
Newport Beach
R1, R2, R3, R4, R5, R6, R7
Orange
R1, R2, R3, R4, R5, R6, R7
2023-2024
Orange County Grand Jury Page 24
20-27
Talking Trash: Recyclables and Organic Waste
Placentia
Rancho Santa Margarita
San Clemente
San Juan Capistrano
Seal Beach
Stanton
Tustin
Villa Park
Westminster
Yorba Linda
REFERENCES
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
R1, R2, R3, R4, R5, R6, R7
California Air Resources Board. (2024). Short -Lived Climate Pollutants. Retrieved from
https://ww2.arb.ca.gov/our-work/programs/slcp/about
CalRecycle. (2019, October 2). Initial Statement of Reasons Appendix A: Cost Update.
Retrieved from CalRecycle: https://www2.calrecycle.ca.gov/Docs/Web/115980
CalRecycle. (2022, December 5). Procurement Questions and Answers. Retrieved from
CalRecycle: https://calrecVcle.ca.gov/organics/slcp/fag/recycledproducts /
CalRecycle. (2023). SB1383 Education and Outreach Resources. Retrieved from
CalRecicle: https://calrecVcle.ca.gov/organics/slcp/education/
CalRecycle. (2024). 2022 State of Disposal and Recycling Report. Sacramento:
Department of Resources Recycling and Recovery (CalRecycle). Retrieved from
https://www2.calrec\/cle.ca.gov/Publications/Details/1732
CalRecycle. (2024). Enforcement Questions and Answers. Retrieved from
https://caIrecycle.ca.gov/organics/slcp/fag/enforcement/
CalRecycle. (2024). SB 1383 Education and Outreach Resources. Retrieved from
https://calrecycle.ca.gov/organics/slcp/education/
2023-2024
Orange County Grand Jury Page 25
20-28
Talking Trash: Recyclables and Organic Waste
Center for Sustainable Behavior & Impact. (2022). Consumer Insights on Packaging,
Labels, and Claims for Recycling. The Recycling Partnership. Retrieved from
htti)s://recyclinqpartnership.org/wp-
content/uploads/dlm uploads/2023/06/Consumer Labeling Research Final.pdf
Christian Blanco, C. S. (2023, May 30). America's Broken Recycling System. Retrieved
from California Management Review : https://cmr.berkeley.edu/2023/05/america-
s-broken-recvclinq-system/
Christian Blanco, C. S. (2023, May 30). Is it Time to Consider a National Recycling
Standard? California Management Review. Retrieved from
hht s://cmr.berkeley.edu/2023/05/is-it-time-to-consider-a-national-recycling-
standard /
Little Hoover Commission. (2023). Reducing California's Landfill Methane Emissions.
SB1383 Implementation. Sacramento: Little Hoover Commission.
Mouchard, A. (2024, May 4). Tech meets trash in Orange County's landfill future.
Orange County Register. Retrieved from
https://www.ocregister.com/2024/05/04/tech-meets-trash-in-orange-countys-
landfill-future/
OC Waste & Recycling. (2024). OCW&R. Retrieved from OCW&R:
https://oclandfills.com/sites/ocwr/files/2024-
03/1383%201MAGINE%20WHAT%20CAN%20BE%20Presentaiton.pdf
Recycling Inside. (2023, June 2). Revolutionizing Recycling: The Relevance of Artificial
Intelligence in the Recycling Industry. Retrieved from
https://recyclinginside.com/the-relevance-of-artificial-intelligence-in-the-recycling-
industry/
Savage, S. (2023, February 16). Forbes. Retrieved from
httr)s://www.forbes.com/sites/stevensavage/2023/02/16/the-golden-states-
circular-economy-goals-is-that-lust-california-dream in-or-the-
future/?sh=95c357338e58
GLOSSARY
AB Assembly Bill
CalRecycle California Department of Resources Recycling and Recovery
2023-2024 Orange County Grand Jury Page 26
20-29
Talking Trash: Recyclables and Organic Waste
Circular Economy Current economic models consist of acquiring materials, making
them into products, and then those products become waste. A
circular economy reduces material use, redesigns materials and
products to be less resource intensive, and recaptures "waste" as a
resource to manufacture new materials and products.
Compost Compost is made from a variety of organic materials and is used to
add nutrients and improve soil structure by mixing it into the soil.
Mulch Mulch is typically made from a single material like straw, grass
clippings, or wood chips and is spread on top of the soil to suppress
weeds, retain moisture, regulate soil temperature, and protect plant
roots.
MRF Material Recovery Facility
OCGJ Orange County Grand Jury
OCW&R OC Waste & Recycling, a department of the County of Orange
Organic Waste Solid wastes originated from living organisms and their metabolic
waste products, and from petroleum, which contain naturally
produced organic compounds, and which are biologically
decomposable by microbial and fungal action into the constituent
compounds of water, carbon dioxide, and other simpler organic
compounds. Sometimes called biodegradable waste.
ORNGE Organics to Natural Gas and Energy
POTW Publicly Owned Treatment Work
Recycling Using waste as material to manufacture a new product. Recycling
involves altering the physical form of an object or material and
making a new object from the altered material.
RNG Renewable Natural Gas
SB Senate Bill
SLCP Short -Lived Climate Pollutants
Solid Waste Discarded or abandoned materials. Solid wastes can be solid,
liquid, semi -solid or containerized gaseous material.
Waste Objects or materials for which no use or reuse is intended.
2023-2024 Orange County Grand Jury Page 27
20-30
Talking Trash: Recyclables and Organic Waste
APPENDICES
APPENDIX A — SURVEY RESULTS
Survey participants were asked to mark their progress on a scale from 1 (significant
challenges) to 5 (excellent progress) for each of the nine questions. On the following bar
graphs, the `x' axis (horizontal) depicts the rating scale from 1 to 5. The `y' axis (vertical)
represents the number of respondents that gave themselves a particular rating.
Was your city successful in meeting the goal of reducing organic waste disposal 50% by
2020?
b
3
2.79
Average Rating
3
S
1 _ 3 i _
Are you confident that your city will meet the goal of reducing organic waste 75% by
2025?
3.40
Average Rating
0
1 a
2023-2024 Orange County Grand Jury Page 28
20-31
Talking Trash: Recyclables and Organic Waste
How would you rate your city's success in providing organic waste collection services to
all residents?
12
3.97
Average Rating
How successful is your city in recycling these organic materials?
4.17 $
Average Rating
x
3 4 5
How would you rate your confidence that city residents have been educated to have
sufficient knowledge of the composting requirements (and associated restrictions) with
the proper disposal of yard trimmings and food scraps?
3
3
c
3.60
Average Rating ;
3
J ■ ■ 1
1 ? 3 a
2023-2024 Orange County Grand Jury Page 29
20-32
Talking Trash: Recyclables and Organic Waste
How successful was your city in procuring a quantity of recovered organic waste
products annually?
3.31
Average Ratting
How would you rate your city's success in meeting the record -keeping requirements
associated with S131383, including but not limited to, inspection and enforcement,
compliance reviews, investigation of complaints, and alleged violations?
3.90
Average Rating
3
0
1
How satisfied are you that your current agreements(s) with the hauler(s) that service
your city are adequate to comply with all provisions of residential services required by
SB1383?
,o
,s
12
10
3.93 a
Average Rating
Q
2023-2024 Orange County Grand Jury Page 30
20-33
Talking Trash: Recyclables and Organic Waste
Are your city's current staffing levels that are, or will become, responsible for all aspects
of full SB1383 compliance adequate to meet the tasks at hand?
The following examples of additional comments or explanations for their answers to the
questions above were provided by survey respondents:
"Comprehensive implementation and effective management of SB 1383 would require
additional resources and financial support. Despite our gurisdiction's] proactive
approach, including securing a new hauler/franchise agreement ... that aligns with SB
1383's requirements and achieving near -complete adoption of these guidelines, there
remains a widespread reluctance towards organic recycling. Ongoing educational
efforts are in place and will continue; however, achieving significant behavioral change
and compliance will require additional resources. "
"[Our jurisdiction has] been working on compliance regarding SB 1383 with new
franchise agreements, building out local infrastructure, meeting the SB 619 procurement
targets, providing education and outreach, programs are being implemented to
incrementally improve participation and increase diversion. We are increasing staffing
levels to help with continued support for compliance as it requires increased effort for
more inspections, waste characterizations, more education and outreach, further
program development, market creation and development for compost and mulch,
inspections, education, and enforcement support. Although meeting the 75% goal
requires more heavy lifting, 1 anticipate we will see incremental improvements from our
efforts. "
"SB 1383 has proven to challenge the recycling habits of many throughout the
(jurisdiction]. Through updated franchise agreements ... and CalRecycle grant funding,
we have been able to educate and encourage change in disposal habits as required via
SB 1383. Additional outreach outlining the requirements and benefits of recycling
organic material will be key in successfully transitioning residents and business owners
to recycle organic material."
"[We] started a new franchise agreement after an RFP process .... This allowed us to
incorporate all hauler -related SB 1383 compliance activities and select an innovative
2023-2024 Orange County Grand Jury Page 31
20-34
Talking Trash: Recyclables and Organic Waste
organic waste collection program. We are facing procurement challenges as energy
related products are not readily available (particularly) RNG for collection vehicles.
Staffing may prove to be a challenge, depending upon the amount of complaints,
inspections, and enforcement actions we are required to address."
"Procurement [is our] biggest challenge.
"Our agreement with [the hauler] required that they implement 1383 compliant
programming immediately for residential. It also includes education/outreach,
contamination monitoring, purchase or compost/mulch on our behalf. Residential 3-cart
was implemented on day one of the agreement. However, even with education,
residents are hesitant to participate with food in the organics container due to not being
allowed to use compostable bags and therefore attracting bugs and vermin."
"Meeting the annual procurement target presents a significant challenge. [The hauler's]
collection trucks are fueled with RNG. The RNG purchased is California produced,
though not SB 1383 qualified. In addition, the formula used to calculate a jurisdiction's
procurement target does not count for density or square miles. Denser areas equal less
space to distribute mulch or compost. More people equals higher procurement target."
"As with any new program where you need to change habits and behavior, it is going to
a long-term project to get adults in the habit of separating their food scraps. State of CA
should implement a statewide outreach campaign, and not just rely on local jurisdictions
to provide all the outreach."
2023-2024 Orange County Grand Jury Page 32
20-35
Talking Trash: Recyclables and Organic Waste
APPENDIX B - CIRCULAR ECONOMY STARTS IN YOUR KITCHEN
ircula conomy
00 .7
�y LIZ- 2
at work
2023-2024 Orange County Grand Jury Page 33
20-36
20-37
ATTACHMENT B
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3004 1949 644-3039 FAX
newportbeachca.gov
August 27, 2024
Mayor
Will O'Neill Honorable Maria Hernandez
Mayor Pro Tem Presiding Judge
Joe Stapleton Superior Court of California, Orange County
Council Members 700 Civic Center Drive West
Brad Avery Santa Ana, CA 92701
Noah Blom
Robyn Grant
Lauren Kleiman Re: City of Newport Beach's Response to "Talking Trash: Recyclables and
Erik Kenneth Weigand Organic Waste" Grand Jury Report
Dear Honorable Judge Maria Hernandez:
In accordance with Penal Code 933.05 (a) & (b), the City of Newport Beach (City)
and the Newport Beach Public Works Department (PW) provides the following
responses to "Findings" F1, F2, F3, F4, F5, F6, F7, F8, F9, and F10, and
"Recommendations" R1, R2, R3, R4, R5, R6, and R7, as detailed in the 2023-
2024 Orange County Grand Jury Report, "Talking Trash: Recyclables and Organic
Waste."
FINDINGS:
F1 "The majority of Orange County jurisdictions have not yet required their
haulers to distribute residential containers that meet the CalRecycle
standardized colors, leaving legacy and often incorrect or illegible labeling
and embossing in place."
RESPONSE:
The City of Newport Beach partially disagrees with the finding. In 2022, the City
entered into a new residential refuse contract with CR&R, Inc. that contained the
provisions necessary to help the City meet the requirements of Senate Bill 1383
including, but not limited to, the requirement to provide a three -container waste
system to residential households throughout Newport Beach. With that the City
still has a small amount of non -compliant containers that are being phased out
with compliant ones over several years.
F2 "While a jurisdiction may not delegate its overall responsibility for
compliance with State requirements to a hauler, some jurisdictions have
designated the task of imposing and collecting fines from residents to the
hauler in accordance with State law. However, not all jurisdictions are clear
on who ultimately receives and retains the collected fines."
III
Office of the Mayor
RFSPnNSF-
The City of Newport Beach disagrees wholly with the finding. Chapter 6.04 and
6.06 of the Newport Beach Municipal Code were amended several times since
2019 to require residents and commercial businesses operating within Newport
Beach to comply with SB 1383. The City enforces all municipal code elements,
including those pertaining to state mandated enforcement. While the City works
cooperatively with waste haulers to determine where improvements can be made,
this role has not and will not be delegated to a hauler.
F3 "All jurisdictions will eventually start collecting fines from residents for
noncompliance, but some have not yet determined whether the revenues
will go into a waste and recycling enterprise fund or into the jurisdiction's
general fund."
RESPONSE:
The City of Newport Beach disagrees wholly with the finding. The City pays for
the majority of residential refuse service within its jurisdiction through its general
fund budget, as required by Section 6.04.140 of the Newport Beach Municipal
Code. Since the City has implemented all aspects of SB 1383 including continued
monitoring with existing general funds, the City does not believe there is a need
for a waste and recycling enterprise fund. Therefore, all related fines collected will
be deposited to the City's general fund.
F4 "in most jurisdictions, education and outreach is a joint effort between
jurisdiction, hauler, and sometimes consultants, with the jurisdiction
reviewing the materials before publication. The methods of dissemination
vary by jurisdiction and hauler but frequently rely on a resident actively
seeking the information, which requires the resident to have some
awareness of the new mandates in the first place. Most efforts primarily
revolve around intermittent hard -copy paper mailings."
.m"Tli7►O 61a
The City of Newport Beach disagrees partially with the finding. The City, its
residential hauler, and consultants actively educate residents in various formats
and outreach, including but not limited to: City social media posts and newsletters;
updating the City's website with a page dedicated to trash and recycling;
developinand posting a source separation, video, and announcements at City
Council meetings, in addition to hard -copy paper mailings generated by the City's
hauler. In 2023 alone, the City developed and posted several social media posts
in conjunction with a local student group interested in diversion. The City tracks
the number of impressions, reach, shares, likes, interactions, and other metrics
in order to gauge how and what additional information should be provided.
Additionally, the City provides education through community outreach events. For
example, the City works cooperatively with its residential and commercial haulers,
and consultants to conduct outreach at community association events,
community waste diversion events, and departmental open houses. Finally, City
staff also participates in annual local news media interviews.
20-39
F5 "Most jurisdictions currently have no way to accurately determine the
effectiveness of their respective education and outreach efforts other than
the eventual inspections or audits that will take place."
RESPONSE:
The City of Newport Beach disagrees wholly with the finding. The City evaluates
the effectiveness of its outreach methods. As indicated above, social media post
data is aggregated to identify the number of viewers. Community event participant
data is collected to identify where better to improve service and outreach. The
City also issues surveys to gauge effectiveness, tracks the number of "knock and
talks" (door to door visits with residents) that are conducted, and distributes
organic kitchen pails.
Between January 2022 and the end of May 2024, 8,208 kitchen pails for organics
recycling were distributed, and 4,009 "knock and talks" were completed. Finally,
the City tracks the number of event participants by zip code to best review trends
and shortfalls.
Through monthly tracking and reporting, the City and its residential hauler have
been able to identify residential diversion progress over time. The source -
separated organic tonnage collected in 2022 averaged 296.88 tons. In 2024
(January to May) 518.54 tons has been collected. Source -separated recycling
has maintained a 65% diversion rate.
F6 "There is some concern that there are not enough composting facilities
in Orange County to process all organic waste, forcing some
jurisdictions/haulers to transport it long distances for processing."
RESPONSE:
The City of Newport Beach agrees with the finding.
F7 "There is currently no infrastructure in the county that is a State -
approved source of Renewable Natural Gas (RNG) and energy from organic
waste. Jurisdictions that use vehicles running on RNG procured from non -
approved sources cannot count that RNG towards fulfillment of their
procurement requirement."
The City of Newport Beach agrees with the finding
F8 "The formula used by the State to calculate a jurisdiction's procurement
target does not account for a jurisdiction's population density or
geographic size (square miles). As such, meeting the annual procurement
target presents a significant challenge for most jurisdictions."
RESPONSE:
The City of Newport Beach agrees with the finding
20-40
F9 "Many Orange County jurisdictions were unable to meet the requirement
in SB 1383 to reduce organic waste sent to landfills by the 2020 deadline. It
is unlikely the required seventy-five percent reduction will be achieved by
the 2025 deadline."
RESPONSE:
The City partially disagrees with this finding as it cannot confirm that many
Orange County jurisdictions were unable to meet the requirement in SB 1383 to
reduce organic waste sent to landfills by the 2020 deadline. In Newport Beach,
the City's residential three -container system was implemented in January 2022.
In 2023, the City's residential organic diversion rate was 90.6%, and as of the end
of June 2024, its residential diversion rate was approximately 91 %.
F10 "The current procurement requirements mandated by SB 1383 are
unrealistic and likely unachievable by most jurisdictions. "
RESPONSE:
The City wholly agrees that the current procurement requirements mandated by
SB 1383 are unrealistic and likely unachievable by other jurisdictions.
RECOMMENDATIONS
R1 "All jurisdictions should expedite the acquisition and distribution of
residential containers that meet the CalRecycle standardized colors.
Additionally, until the compliant containers can be distributed, all
jurisdictions should ensure the distribution of labeling for non -compliant
containers that explain the current SB 1383 requirements applicable to their
jurisdiction by June 30, 2025."
The City of Newport Beach has implemented this recommendation. In January
2022, the City implemented a three -container system for residential customers
that aligns with CalRecycle's standardized colors, labels and appropriate lids as
required by 14 CCR Section 18984 et seq. If non -compliant containers are
identified, they are removed and replaced with compliant containers.
R2 "By December 31, 2024, all jurisdictions should ensure their waste
hauling agreements are in compliance with State statute so that haulers
may be designated to perform certain required tasks but are not improperly
delegated overall responsibility for compliance. Additionally, all
jurisdictions should ensure that any fines collected by a hauler are
forwarded to the jurisdiction."
RESPONSE:
The City has implemented this recommendation. The City's commercial waste
franchise agreement requires franchise haulers to account for requirements
associated with higher diversion percentages and enhanced or expanded
20-41
diversion programs. Commercial waste haulers are tasked with implementing all
State mandates, however, the City maintains responsibility for overall
enforcement and compliance. Commercial waste haulers do not collect fines on
behalf of the City.
R3 "The OCGJ recommends that all jurisdictions utilize a dedicated waste
and recycling enterprise fund for collection of fines for non-compliance
with SB 1383 by December 31, 2024."
RESPONSE:
The recommendation will not be implemented because it is not warranted or is
not reasonable. All fines collected by the City are appropriately accounted for
under existing laws and governmental accounting standards.
R4 "By December 31, 2024, all jurisdictions should diversify the methods
and media used for education and outreach to include, among others,
various social media platforms, emails to residents, newspaper, television,
flyer mailings, community events, and appearances at other public
gatherings. "
e»ylSIOMIfts
The City has implemented this recommendation. The City actively informs and
educates residents through various formats and outreach including, but not
limited to, social media posts, newsletters, a page dedicated to trash and
recycling on the City's website, video, City Council meeting announcements,
community outreach events, and local news media interviews conducted
approximately once per year.
R5 `By December 31, 2024, and in order to gauge the effectiveness of their
education and outreach efforts, all jurisdictions should develop new
methods to engage residents directly to help determine their awareness of
the requirements associated with SB 1383, such as surveys, online quizzes,
and door-to-door polling."
RESPONSE:
The City has implemented this recommendation. The City works with its
residential waste hauler to conduct outreach at City events and to conduct door-
to-door "knock and talks" to directly connect with residents. "Knock and talks"
facilitate conversation about source separation and gain feedback on the City's
outreach efforts. Residents are offered a complimentary kitchen pail. The
effectiveness of the City's education and outreach is demonstrated through
increasing diversion rates. In 2022, the City recognized a monthly organic
collection average of 297 tons, while in 2023, that number rose to 458.5 tons, and
in 2024, the monthly collection average is 518.5 tons.
R6 "By June 30, 2025, the OCGJ recommends that all jurisdictions
participate in the OCW&R-led efforts to develop a coordinated county -wide
approach to the organics recycling infrastructure and programs as well as
20-42
procurement requirements associated with SB 1383, working towards
creating circular economy as a long- term goal."
RESPONSE:
The City has implemented this recommendation. The City actively participates in
OCW&R-led recycling coordinator meetings to provide jurisdictional insight in
support of a coordinated, county -wide approach to organics recycling
infrastructure and programs, as well as procurement requirements associated
with SB 1383. The City currently procures compost and mulch from OCW&R
facilities and is awaiting issuance of OCW&R's Waste Infrastructure and Systems
Enhancement Agreement (WISE) between the County and each jurisdiction.
R7 "By December 31, 2024, the Orange County Board of Supervisors and
all Orange County cities should lobby appropriate members of the State
Legislature and/or CalRecycle to revise the organic waste diversion targets
to better reflect Orange County's waste amounts, revise the jurisdictions'
procurement requirements to better represent the limited options currently
available for procurement, the jurisdictions' varying populations,
population densities, and geographic size, and to delay associated
enforcement actions by the State."
73.Y7�I�[.y3
The recommendation will not be implemented because it is not warranted or is
not reasonable. The City actively supports and/or opposes State legislation in
accordance with the City Council's legislative platform.
The City appreciates this opportunity to respond to the findings and
recommendations contained in the Orange County Grand Jury's report, "Talking
Trash: Recyclables and Organic Waste." Should you have any further questions
or need additional information, please contact the City at (949) 644-3311.
Sincerely,
Will O'Neill
Mayor
20-43