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File Number: 11 -333 require Alameda County businesses that generate four cubic yards or more of solid waste per week and all multifamily properties, to segregate recyclable materials starting July 1, 2012 (Phase 1) and would require all Alameda County multifamily properties and businesses, regardless of the amount of solid waste they generate, to segregate recyclables and organic materials starting July 1, 2014 (Phase 2). Waste generators that self -haul materials to Alameda County landfills or transfer stations would also be subject to the ordinance. Landfill and transfer stations would be required to check loads and assess a fee on self - haulers that do not properly sort material. According to a preliminary draft of the Mandatory Recycling Ordinance, StopWaste.Org staff will lead enforcement with some City assistance. Enforcement action will be taken only if approved by the chief executive of each covered jurisdiction. Waste generators may apply to the StopWaste.Org Enforcement Official for waivers if they cannot comply with the ordinance. Possible waivers include: • Emergency - emergency situations deem recycling infeasible; • De Minimus - generator produces less than 10% recyclables; • Physical space - generator does not have adequate space on -site for recycling bins; • Financial Hardship - generator must pay an additional 30% or more for recycling services; • Unavailable Service - generator cannot obtain recycling collection services; or • Compliance Schedule - generator needs additional time to become compliant. The City must comply with the State's forthcoming recycling regulations in Assembly Bill 341, even if the proposed ordinance is not adopted by StopWaste.Org. AB 341 requires a business that generates more than four cubic yards of solid waste per week, or is a multifamily property of five units or more to arrange for a basic level of recycling service, on and after July 1, 2012. Local agencies are required to conduct outreach, monitor compliance and notify businesses that are out -of- compliance. The law authorizes, but does not require, local enforcement provisions. Analysis Single Use Bag Reduction Ordinance Staff supports the Single Use Bag Ordinance as a countywide strategy for significantly reducing negative environmental impacts caused by bag litter and the disposal of plastic bags in landfills. The proposed ordinance should reduce litter in the City's creeks, streets, storm drains, and shoreline. It may reduce the cost of litter control and address disposal issues. Supporting a Single Use Bag Reduction Ordinance will help the City meet the requirements of the Municipal Regional Stormwater Permit for trash load reductions in storm sewers and catch basins. Customers who do not bring their own reusable bags to stores may be inconvenienced and impacted by the fee for paper or reusable bags. The impact would be greatest for low- income residents and seniors on fixed incomes. The ordinance is limited to stores that sell packaged food, so plastic bags will still be available for use and distributed by food establishments and other retailers. Affected stores should see cost savings from purchasing fewer bags and from receiving the 10 cent fee on paper bags or reusable bags. The use of paper bags could increase substantially once the City of San Leandro Page 3 Printed on 11/15/2011