HomeMy WebLinkAboutRES 2022-11RESOLUTION NO. 2022-11
_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, AUTHORIZING RESOLUTION AND SUBMITTAL OF
NOTIFICATION OF INTENT TO COMPLY
The City Council of the City of Diamond Bar hereby consents to, adopts and ratifies the
following resolution:
WHEREAS, CalRecycle, in consultation with the California Air Resources Board,
has adopted regulatory requirements (Regulations), consistent with the mandate of
Senate Bill 1383 (Lara, 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;
WHEREAS, the City of Diamond Bar is a local jurisdiction required to comply with
the Regulations;
WHEREAS, the City of Diamond Bar is or expects to be facing continuing
violations of the Regulations commencing during the 2022 calendar year;
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section
42652.5 of the Public Resources Code (Statute), 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;
WHEREAS, the City of Diamond Bar is a local jurisdiction authorized by the Statute
to submit a Notification of Intent to Comply for CalRecycle approval;
WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly
adopted by the jurisdiction by formal written resolution and meets the requirements of the
Statute.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Diamond Bar as follows:
Section 1. The City Council of the City of Diamond Bar hereby formally adopts
the Notification of Intent to Comply attached as Exhibit "A".
Section 2. The City Council of the City of Diamond Bar hereby authorizes and
directs the City Manager, on its behalf, to submit the Notification of Intent to Comply
attached as Exhibit "A" to CalRecycle for approval pursuant to the Statute.
Resolution No. 2022-11
Section 3. By submitting the Notification of Intent to Comply pursuant to and
subject to the above referenced requirements, the City of Diamond Bar represents and
certifies that it will implement the proposed actions to remedy the violations according to
the proposed schedule as approved by CalRecycle and in accordance with the Statute
and Regulations.
Section 4. The City %J Diamond Bar by and through its City Manager also
acknowledges and agrees to comply with any maximum compliance deadline in any
corrective action plan that CalRecycle, in its sole discretion, determines to be necessary
and appropriate under the circumstances for the correction of any violation(s) of the
Statute and Regulations identified in its Notification of Intent to Comply.
PASSED, ADOPTED AND APPROVED this 1st day of March, 2022.
CITY OF DIAMOND BAR
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Ruth M. Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution was duly passed, approved and adopted by the City Council of the City
of Diamond Bar at a regular meeting held on the 1st day of March, 2022, by the following
vote:
AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low
NOES: COUNCIL MEMBERS: None;
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Kristina Santana, City Clerk
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