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Sent via Certified Mail FIRST ADDENDUM TO CORRECTIVE ACTION PLAN NO. 1171.SLCP.CAP.2023.3
City of Diamond Bar Amendment of Tasks and Timelines in Corrective Action Plan No. 1171.SLCP.CAP.2023.3
On February 23, 2024, and later revised on March 26, 2024, the City of Diamond Bar (Jurisdiction) requested an amendment to part of its tasks and timelines for Corrective
Action Plan No. 1171.SLCP.CAP.2023.3. The justification provided for the timeline
amendments and task requirements is included in the attached request. Requested Changes to Tasks and Timelines:
Task # Original Task Language Proposed Task Language Original Date
First Amended Date
3
The Jurisdiction will require and verify the
hauler will distribute
344 organics recycling collection containers to all residential and multi-
family customers
currently without service.
The Jurisdiction will require and verify the
hauler will distribute
344 organics recycling collection containers to all residential and multi-family customers
currently without
service. Task 3a: The Jurisdiction will mail out
notifications to HOA
communities that do not have organic carts to inform them of delivery.
Task 3b: The
Jurisdiction will require the hauler to begin deliveries 4/1/ 2024, which will continue
throughout the month.
Auto-enrollment in services will commence once carts are delivered.
12/31/2023
Task 3a: 3/1/2024
Task 3b: 4/30/2024 Task 3c:
6/30/2024
Task 3c: The
Jurisdiction will address any delivery and/or operational issues to ensure all accounts
have a three-container
system.
4
The Jurisdiction will
provide three-container waste collection service to all residential and multi-family
customers that are not subject to an exemption or waiver from such service under Title 14 of the
California Code of Regulations (CCR) sections 18984.11, 18984.12, or other provision of the
Regulations, or are not an authorized self-hauler subject to the Jurisdiction’s ordinance requiring
compliance with the requirements of 14 CCR Section 18988.3. In implementing this
container system, the Jurisdiction will ensure materials are sorted into the containers properly
by generators.
N/A 12/31/2023 6/30/2024
21
The Jurisdiction will
annually procure a
quantity of recovered organic waste products that meets or exceeds its current
annual recovered
The Jurisdiction will
annually procure a
quantity of recovered organic waste products that meets or exceeds its current annual
recovered organic
3/1/2024
Task 21a:
5/31/2024 Task 21b: 6/30/2024
organic waste
product procurement target by one or both of the following:
• Directly
procuring recovered organic waste products for
use or
giveaway.
• Requiring, through a
written
contract or agreement, that a direct service
provider to the
Jurisdiction procure recovered organic waste
products and
provide written documentation of such procurement
to the
Jurisdiction.
waste product
procurement target by one or both of the following:
• Directly
procuring recovered organic waste products for use
or giveaway.
• Requiring, through a written contract or
agreement, that
a direct service provider to the Jurisdiction procure
recovered
organic waste products and provide written documentation
of such
procurement to the Jurisdiction. Task 21a: The
Jurisdiction will conduct
internal discussion(s) to discuss all compliance options. This includes performing research
and compiling
documents for a Request for Proposal (RFP) that will be posted on Planet Bids.
Task 21b: The Jurisdiction will abide by municipal rules outlined in Chapter 3.24
to go through the
bidding process. The RFP will be posted on
Task 21c:
8/31/2024 Task 21d: 10/31/2024
Task 21e: 11/30/2024 Task 21f:
12/31/2024
Planet Bids for a
minimum of 10 days. Task 21c: The Jurisdiction will present
the RFP to City Council
for approval. Task 21d: The Jurisdiction will present
the RFP to City Council
for a second reading. Task 21e: The Jurisdiction will
negotiate a Direct
Service Provider (DSP) agreement to purchase the current annual recovered organic
waste product
procurement target. Task 21f: The Jurisdiction will have
purchased the current
annual recovered organic waste product procurement target.
22
The Jurisdiction will identify additional procurement opportunities within
its departments and divisions for expanding the use of recovered organic waste products.
The Jurisdiction will identify additional procurement opportunities within its
departments and divisions for expanding the use of recovered organic waste products.
Task 22a: The Jurisdiction will reconvene with departments (Parks & Rec, Community
Development, Community Relations, Information Systems,
3/1/2024
Task 22a:
04/30/2024 Task 22b: 5/31/2024
Task 22c: 6/30/2024 Task 22d:
11/30/2024
Finance) to refine the
documentation and data collection procedures. The Jurisdiction will
evaluate the current
administrative policy to mirror SB 1383 procurement requirements.
Task 22b: The Jurisdiction will finalize the administrative procurement policy
draft.
Task 22c: The Jurisdiction will meet with the City Manager,
Assistant City Manager,
and other members of the Executive Team to review the administrative
procurement policy
draft. Task 22d: The Jurisdiction will officially
adopt an administrative
procurement policy.
23
The Jurisdiction will
meet regulatory procurement targets established by CalRecycle pursuant to 14 CCR Section
18993.1; enforcement of this provision by CalRecycle will be consistent with the
legislative directives in Public Resources Code (PRC) sections
N/A 3/1/2024 12/31/2024
42652.5 (a)(5)(B) and
42652.6, as amended in Assembly Bill (AB) 1985 (R. Rivas,
Chapter 344,
Statutes of 2022).
The Jurisdiction’s request for task and timeline amendments shows good cause and provides reasonable alternate tasks and timelines for completion. The impacted tasks affect the final completion date of the Corrective Action Plan (CAP). Therefore, Sections 3.d, 3.f, and 3.i will need to be changed to reflect the new final completion date of the CAP.
See below for the changes made to Sections 3.d, 3.f, and 3.i. SCHEDULE FOR COMPLIANCE
3. Based on the foregoing DETERMINATION OF VIOLATIONS, CalRecycle finds that: a. The Jurisdiction worked with CalRecycle to develop this CAP, which includes
schedule of actions necessary for the Jurisdiction to achieve address the violations disclosed in the Notification and described in Section 2 (Determination of Violations). b. CalRecycle hereby approves and issues this CAP pursuant to PRC Section 42652.5(c)-(e) and 14 CCR Section 18996.2.
c. The Jurisdiction will fully implement the programs identified in this CAP by the dates provided in the Section 3.2. d. CalRecycle will monitor the Jurisdiction’s continued implementation of the programs identified in the CAP from March 29, 2023 through January 31, 2025 (“the oversight period”) to assure implementation is
complete and timely. The oversight period may be extended at the discretion of CalRecycle if any extensions to the Schedule are granted as described in Sections 4.4 and 4.5. e. During the oversight period, the Jurisdiction will submit status reports to CalRecycle and attend status meetings with CalRecycle to demonstrate the
ongoing progress the Jurisdiction is making to address the violations described above. f. During the oversight period, the Jurisdiction will provide bimonthly status reports to CalRecycle:
Report Cycle Report 1: May 31, 2023, covering March 1, 2023 – April 30, 2023 Report 2: July 31, 2023, covering May 1, 2023 – June 30, 2023 Report 3: September 30, 2023, covering July 1, 2023 – August 31, 2023
Report 4: November 30, 2023, covering September 1, 2023 – October 31, 2023 Report 5: January 31, 2024, covering November 1, 2023 – December 31,
2023
Report 6: March 31, 2024, covering January 1, 2024 – March 1, 2024 Report 7: May 31, 2024, covering March 1, 2024 – April 30, 2024 Report 8: July 31, 2024, covering May 1, 2024 – June 30, 2024 Report 9: September 30, 2024, covering July 1, 2024 – August 31, 2024
Report 10: November 30, 2024, covering September 1, 2024 – October
31, 2024 Report 11: January 31, 2025, covering November 1, 2024 – December 31, 2024
g. The status reports are to be used to document the status and work completed
for each of the identified tasks in the CAP. For each task in the CAP, the Jurisdiction will explain the status of the task, specifying what actions have been taken to complete the task. h. If the work has been delayed or has not been completed, the Jurisdiction will
explain the reason(s) for the delay/incompletion. The Jurisdiction will also
attach any previously submitted extension requests made pursuant to Section 4.4 of this CAP and any extensions granted pursuant to Section 4.5 of this CAP, using additional sheets as necessary for the report. CalRecycle may consider the explanation in deciding whether to allow the Jurisdiction to
continue to operate under the Notification and CAP or to revoke approval of
the Notification and CAP pursuant to PRC Section 42652.5(d).
i. During the oversight period, the Jurisdiction will meet with CalRecycle telephonically or via other remote electronic means (such as Teams or Zoom) bimonthly to provide interim progress updates on the following schedule:
Meeting Cycle Meeting 1: During April 2023 Meeting 2: During June 2023 Meeting 3: During August 2023
Meeting 4: During October 2023 Meeting 5: During December 2023 Meeting 6: During February 2024 Meeting 7: During April 2024 Meeting 8: During June 2024
Meeting 9: During August 2024 Meeting 10: During October 2024 Meeting 11: During December 2024 j. The status meetings are to be used to discuss the most recent status report
and to discuss interim progress made by the Jurisdiction on each of the identified tasks in the CAP.
k. Prior to the close of the oversight period, CalRecycle may undertake a compliance review or field visit to supplement other status reporting. l. At any time prior to the conclusion of the oversight period, if CalRecycle
determines the Jurisdiction has failed to implement the programs identified in
the Notification and CAP, has failed to participate in status reporting during the oversight period, has substantially misrepresented its progress in status reporting, or has substantially failed to make interim progress on Tasks set out in Section 3.2 for four (4) consecutive reporting periods, CalRecycle may
immediately issue a notice revoking its approval of the Notification and CAP
and indicating its intent to impose penalties as provided in PRC Section 42652.5., 14 CCR sections 18997.3, 18997.5, and 18997.6 and PRC Section 42652.5 governs the process and considerations CalRecycle will utilize in calculating and assessing administrative civil penalties against the
Jurisdiction, which may be up to $10,000 per day per violation.
3.1 Based on the foregoing DETERMINATION OF VIOLATIONS, it is hereby ordered that the Jurisdiction will implement the actions described in accordance with the compliance deadlines contained in the schedule of actions to address violations as
set forth in Section 3.2.
The request is approved. The amendment will be included as an addendum to the March 29, 2023 Corrective Action Plan No. 1171.SLCP.CAP.2023.3.
Dated: January 9, 2025
Mark de Bie, Deputy Director
Waste Permitting, Compliance and Mitigation Division Department of Resources Recycling and Recovery Attachment: City of Diamond Bar’s Task and Timeline Amendment Request