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Minutes - Board - 2022-03-08COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS STUDY SESSION MARCH 8, 2022 NOTE: THIS HYBRID IN -PERSON AND TELECONFERENCED MEETING WAS CONDUCTED UTILIZING ELECTRONIC MEANS CONSISTENT WITH STATE OF CALIFORNIA ASSEMBLY BILL 361(Gov. CODE 54953(B)(3)). Members present Arlene Schafer, Art Perry, Bob Ooten, Brett Eckles, Mike Scheafer Members absent None Staff present Scott Carroll (General Manager), Noelani Middenway (District Clerk and Public Information Officer), Dyana Bojarski (Administrative Services Manager), Mark Esquer (District Engineer), Gina Terraneo (Management Analyst II), Nabila Guzman (Management Analyst I), Lieu Tran (Accountant) Others present Jim Mosher, District resident Mike Carey, CR&R Michael Balliet, Michael Balliet Consulting Meeting called to order at 8:04 A.M. A. OPENING ITEMS Procedural: 1. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) President Ooten called the meeting to order at 8:04 A.M. COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 8, 2022 District Clerk and Public Information Officer, Noelani Middenway, noted that President Ooten, Vice President Scheafer, Director Perry, and Director Eckles were present, while Secretary Schafer was not present at this time. B. PUBLIC COMMENTS Procedural: 1. Public Comments President Ooten opened public comments. Hearing none, he closed public comments. C. ITEMS OF STUDY Action, Receive and File: 1. Receive and File February 2022 Code Enforcement Officer Report Recommendation: That the Board of Directors receives and files this report. President Ooten introduced the report. Vice President Scheafer suggested for the District's Code Enforcement Officer to patrol the alleyways located on the east side of the District's service area. President Ooten stated that the City of Costa Mesa is trying to prevent residents from placing their trash carts in alleyways. Discussion followed regarding jurisdiction of alleyways. There was no further discussion, and the report was received. Action, Receive and File: 2. Receive and File Waste Composition Study #1 from Michael Balliet Consulting Recommendation: That the Board of Directors receive and file this report. General Manager, Scott Carroll, introduced the item. The District's solid waste consultant, Michael Balliet, provided report details. He reviewed the waste composition study's sampling process. He noted that the study's purpose is to analyze the amount of waste COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 8, 2022 contamination within Mixed Waste Carts. He reported that the study found minimal amounts of green waste in the Mixed Waste Carts' composition. He stated that approximately 75% of the waste found in the Mixed Waste Carts was mixed waste (recyclables and landfill waste), while about 22% was food waste. He suggested conducting two waste sorts per quarter to determine if customers' recycling behaviors are improving. Vice President Scheafer inquired about the amount of waste that CR&R can recover and recycle. Mr. Balliet stated that, historically. CR&R has recovered and recycled about 52% to 57% of the waste found in Mixed Waste Carts. He shared that CalRecycle is encouraging waste haulers to provide a three -cart system to decrease waste contamination and increase waste diversion rates. Discussion followed regarding the recycling market and waste recoverability. Secretary Schafer entered the meeting at 8:14 a.m. Vice President Scheafer discussed the amount of green waste found in the Mixed Waste Carts. Mr. Balliet suggested that the area from which the waste was collected is most likely utilizing landscapers who are potentially disposing of green waste offsite rather than placing it in a trash cart. He noted that cities have not regulated landscapers' recycling behaviors. Discussion followed regarding educating customers about using the Organic Recycling Carts to collect green waste. Mr. Balliet stated that all organic waste must be placed in the Organics Recycling Carts. He added that some cities require landscapers to dispose of their green waste at a proper facility that will convert it into compost or mulch. Director Perry asked if a waste characterization study has been performed on commercial waste. COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 8, 2022 Mr. Balliet stated that the City of Costa Mesa is requiring waste contamination studies as part of route audits. Director Perry inquired about which agency receives credit for the green waste collected and disposed of by landscapers. Mr. Balliet stated that landscapers are required to identify the jurisdiction of origin for the green waste when they take it to organics waste facilities for disposal. Discussion followed regarding Senate Bill 1383 regulations regarding organic waste. Secretary Schafer suggested for the District or the City to host a meeting with local gardeners/landscapers. Director Perry proposed having a local organics disposal site to increase the City's diversion rate. President Ooten inquired about other organics disposal sites. Mr. Balliet stated that small, unlicensed sites are less likely to track the jurisdiction of origin of green waste. He added that it is less complicated to permit sites for yard waste rather than food waste. President Ooten commented that the recycling costs for green waste have drastically increased. Mr. Balliet stated there is no system in place to control the price fluctuations of recycling facilities. Discussion followed regarding CR&R's mixed waste recycling rate. President Ooten inquired about the anticipated changes associated with transitioning to a three -cart recycling system. Mr. Balliet stated that, if customer participation is high, then all recycling and organics recycling will be recovered. He noted that CalRecycle has indicated a preference for three -cart systems. COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 8, 2022 District resident, Jim Mosher, inquired about a waste characterization study for the Organic Recycling Carts to determine the percentages of food and yard waste. Mr. Balliet stated that the percentage of food waste found in a green waste audit is about 5% or less. He noted that CR&R will be conducting their own facility studies on green waste material. He added that, historically, the District's green waste recovery rate is about 72-75%. Vice President Scheafer expressed support for determining the percentages of food and yard waste that are being collected in the Organics Recycling Carts. He noted that, ultimately, the food and yard waste is mixed for processing at CR&R's Anaerobic Digestion (AD) Facility. Mr. Balliet stated that, according to CalReycle's study, 18% of all food waste is being disposed of at landfills. He noted that there is not enough data available to determine the exact source of that food waste. Discussion followed regarding CR&R's waste sorting process. Secretary Schafer asked how many customers have received a food waste kitchen pail. She suggested conducting an outreach campaign to encourage more customers to use a kitchen pail to collect their food scraps. Mr. Carroll stated that the District has plenty of kitchen pails available. He shared that former Board member, Dan Worthington, has requested about a dozen kitchen pails for his neighborhood. Secretary Schafer recommended partnering with local real estate agents to deliver kitchen pails to new homeowners. Discussion followed regarding alternative methods of collecting food scraps. Director Perry inquired about the next waste composition study report. Mr. Balliet stated that another two trash routes will be inspected by the end of the month. He added that two studies will be reported every quarter. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 8, 2022 President Ooten discussed the timeline of CR&R's contract negotiations with the District. There was no further discussion, and the report was received. Action, Receive and File: 3. Receive and File Quarterly Legislative Report — Quarter 1 Recommendation: That the Board of Directors receive and file this report. President Ooten introduced the item. Management Analyst II, Gina Terraneo, provided a brief overview of the congressional legislative report. She discussed House of Representatives (HR) bill 2467, which seeks to limit the use of per- and polyfluoroalkyl substances (PFAS) and establish regulations by the Environmental Protection Agency (EPA). She reviewed the congressional bills on the District's watch list. She provided a brief overview of the California state legislative report. She discussed Assembly bill (AB) 361, which allows local agencies to continue using teleconferenced means to conduct public meetings while a state of emergency is declared, AB 818, which requires wipes products to be clearly labeled with the "do not flush" statement, AB 1201, which also addresses product labeling requirements and prohibits companies from selling items that are labeled as compostable or biodegradable unless they meet the specific criteria set by CalRecycle, AB 1276, which requires food establishments to provide single -use foodware like utensils and condiments only upon customers' request, and Senate bill (SB) 323, which sets a 120-day statue of limitations on challenging newly adopted waste and sewer fees. She reviewed the California state legislative bills on the District's watch list. Director Eckles inquired if there are any bills on the District's watchlist that the Board should take a position on. Ms. Terraneo stated that, according to District policy, the Board generally does not take positions on items of legislation unless partner agencies like the California Special Districts Association (CSDA) or Orange County Sanitation District (OCSD) declare a position. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 8, 2022 Vice President Scheafer stated that congressional bill HR 2467 could impact the Special Districts Risk Management Authority (SDRMA). He noted that SDRMA does not cover sanitary sewer cleanup fees. He discussed California state bill AB 1872, which proposes Election Day to be a government holiday. He inquired about SB 323. Discussion followed regarding the term "reasonable" as noted in SB 323. President Ooten shared OCSD's efforts to investigate and process PFAS chemicals. There was no further discussion, and the report was received. Action: 4. Discuss Proposed Reissuance of Statewide Sanitary Sewer System General Order Recommendation: That the Board of Directors discuss and comment on the proposed reissuance of Statewide Sanitary Sewer System General Order. President Ooten introduced the item. Mr. Carroll presented report details. He stated that the revised Statewide Sanitary Sewer System General Order includes a few significant changes since its original adoption in 2006. He provided a brief overview of the proposed revisions. He shared the District's system performance analysis of the past 10 years. Secretary Schafer inquired about the repercussions of not achieving all requirements. Mr. Carroll stated that the District could receive an administrative fine from the State Water Board for noncompliance. Secretary Schafer suggested that the District writes a protest letter in response to the General Order's requirement of performing a water quality test within 12 hours of a sanitary sewer overflow (SSO). Mr. Carroll stated that written responses must be submitted by April 8, 2022. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 8, 2022 Discussion followed regarding utilizing OCSD for water quality sampling. President Ooten suggested that the District writes a white paper to the State Water Board to determine how agencies should achieve the water quality sampling requirement. Vice President Scheafer asked if there is a distinction between waters of the U.S. and surface waters. District Engineer, Mark Esquer, stated that he is not sure if there is a difference between the two terms. Mr. Mosher commented that the term "potential" found in the General Order's first revision item is referring to a discharge or overflow that has a potential to reach the waters. He provided a proposed definition for the term "prohibited." There was no further discussion. D. CLOSING ITEMS Procedural: 1. Oral Communications and Director Comments Secretary Schafer reminded the Board to submit their 700 forms. Vice President Scheafer asked for an update regarding the District's negotiations with CR&R. Mr. Carroll stated that the District's discussions with CR&R will be publicly disclosed after an agreement is reached. He noted that, if the two agencies reach an impasse, then District staff will ask the Board for direction. Director Perry inquired about Board members attending the negotiation meetings with CR&R. He shared that the City of Newport Beach allows two council members to participate in their negotiation process with CR&R. He recommended for Vice President Scheafer to attend the District's negotiation meetings. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE BOARD OF DIRECTORS STUDY SESSION HELD MARCH 8, 2022 Mr. Carroll stated that the Board can determine if they would like Board members to attend the meetings. The Board agreed to add this discussion to the agenda for the March Board meeting. There were no additional comments by the Board. Procedural: 2. Adjournment President Ooten adjourned the meeting at 9:11 A.M. Arlene Schafer Secretary Bob Ooten President