Ord 2021-012 adding 3-24 Organics Reduction

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2021-012 AN ORDINANCE ADDING CHAPTER 3-24, ORGANICS REDUCTIONS AND RECYCLING, TO THE SAN LEANDRO MUNICIPAL CODE TO INCORPORATE AN ORDINANCE OF THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY TO REDUCE THE AMOUNT OF ORGANIC AND RECYCLABLE MATERIALS DEPOSITED INTO LANDFILLS WHEREAS, the purpose of this Ordinance is to comply with certain state laws requiring cities, counties, and special districts providing solid waste collection services to adopt ordinances and take other measures to reduce the amount of organic and recyclable materials deposited in landfills from commercial and residential generators, more specifically the Short -Lived Climate Pollutants Organic Waste Reduction regulations adopted pursuant to Senate Bill 1383 (Statutes of 2016) set forth in the California Code of Regulations (the "SB 1383 Regulations"); and WHEREAS, the City of San Leandro ("City") is a member of the Alameda County Waste Management Authority ("WMA"). The WMA is a joint powers agency comprised of all the cities in Alameda County, the County, and two sanitary districts; and WHEREAS, the SB 1383 Regulations require cities, counties, and special districts providing solid waste collection services to adopt and enforce an ordinance or other enforceable mechanism applicable to residents and businesses generating or processing solid waste to implement relevant provisions of the SB 1383 Regulations; and WHEREAS, in response to this mandate, the WMA's member agencies requested that it adopt an ordinance to establish a uniform and comprehensive countywide system to establish the local regulations required by the SB 1383 Regulations concerning regulation of organic waste collection services, generators of organic waste, waste haulers, and generators and processors of edible food, together with enforcement mechanisms and administrative civil penalties for violations of local regulations; and WHEREAS, on July 28, 2021 the WMA adopted the Organics Reduction and Recycling Ordinance ("ORRO"). In order for the ORRO to apply in the City, the City must adopt an ordinance declaring that it will apply within the City of San Leandro; and WHEREAS, the City Council intends that the ORRO apply in the City of San Leandro; and WHEREAS, the ORRO provides jurisdictions with the option to grant enforcement authority over various of its provisions to agencies specified in the ORRO; WHEREAS, the City Council intends to authorize WMA to enforce the ORRO within San Leandro; and