Loading...
Ord 2021-133 ORDINANCE NO. 133 AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT AMENDING THE OPERATIONS CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 1383 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) WHEREAS, the Board of Directors has adopted an Operations Code that sets forth its regulations for sewer and solid waste; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. WHEREAS, the Board of Directors does hereby desire to amend its Operations Code to make changes in said Code consistent with the new state regulations and to otherwise amend the provisions to make terms current. NOW, THEREFORE the Board of Directors does hereby ORDAIN as follows: Section 1. That Section 1.06.070 of the District Operations Code is amended to read as follows: "Section 1.06.070 Administrative Fine. (a) Amount. Fines for administrative citations shall be assessed in the following amounts: "(1) A fine not exceeding Two Hundred Fifty Dollars ($250.00) for a first violation, except that a first violation of District Operations Code Section 7.01.060, pertaining to the Placement of Containers, or Chapter 7.03 pertaining to the Short-lived Climate Pollutant Reduction Act, shall be subject to a fine not exceeding Seventy-Five Dollars ($75.00). (2) A fine not exceeding Five Hundred Dollars ($500) for a second violation, except that a second violation of District Operations Code Section 7.01.060 pertaining to the Placement of Containers, or Chapter 7.03 pertaining to the Short-Lived Climate Pollutant Reduction Act shall be subject to a fine not exceeding One Hundred Fifty Dollars ($150). Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 2 of 14 (3) A fine not exceeding Nine Hundred Fifty Dollars ($950) for a third violation, except that a third violation of District Operations Code Section 7.01.060 pertaining to the Placement of Containers, or Chapter 7.03 pertaining to Short-Lived Climate Pollutant Reduction Act, shall be subject to a fine not exceeding Three Hundred Dollars ($300). (b) Continuing Violation. Each and every day during any portion of which any ordinance violation is committed, continued, maintained or permitted shall constitute a separate offense. (c) Payments. If the responsible party does not make a timely request for a hearing, he, she or it must pay the administrative fine directly to the Costa Mesa Sanitary District within fifteen (15) calendar days from the date the administrative citation is issued. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the District. (d) No waiver. Under no circumstances shall the payment of the administrative fine constitute a waiver of the responsibly party's right to a hearing. Therefore, a responsible party may pay the administrative fine within the fifteen (15) calendar day period and also obtain a hearing to protest the imposition of the administrative fine, provided that the responsible party makes a timely request for a hearing. (e) Obligation to Correct Violation. Nothing in this chapter shall be interpreted to mean that because a responsible party has paid the administrative fine, he, she or it is not required to correct the ordinance violation. If the responsible party fails to correct the violation (s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter." Section 2. That Section 2.01.010 of the District Operations Code is amended to include the following definitions: "Chapter 2.01 — Definitions Section 2.01.010 Definitions. Unless otherwise indicated, the following definitions shall apply to all provisions of this Operations Code: A. Black Container. "Black Container" has the same meaning as "Gray Container" and shall be used for the purpose of storage and collection of Black Container Waste. It includes all mixed waste except organic waste and prohibited container contaminants. (14 CCR section 18984.2) B. Black Container Waste. "Black Container Waste" means Solid Waste that is collected in a Black Container that is part of a two or three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Black Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 3 of 14 Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). C. CalRecycle, "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities (and others). D. California Code. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). E. Community Composting. "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). F. Compost. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. G. Container Contamination. "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). H. C & D- means construction and demolition debris. I. Curbside Service. "Curbside Service" shall be defined as the collection, transport, recycling, and disposal of Solid Waste from residential customers who are eligible to place such waste for collection at the curb in carts or cans (and shall specifically exclude commercial or industrial service or multi-family service which is not collected curbside or is collected in bins, roll-offs or other commercial containers). "Curbside" is further defined in Section 7.01.025 of this code. J. Designee. "Designee" means an entity that a District contracts with or otherwise arranges to carry out any of the District responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 4 of 14 K. Enforcement Action. "Enforcement Action" means an action of the District to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. L. Enforcement Official. "Enforcement Official" means the District General Manager or their authorized Designee(s) who is/are partially or wholly responsible for enforcing the ordinance. M. Food Scraps. "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. N. Food-Soiled Paper. "Food-Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. O. Food Waste. "Food Waste" means Food Scraps and Food Soiled Paper. P. Franchisee. "Franchisee," for the purposes of the solid waste collection portions of this code, shall be synonymous with the "Solid Waste Hauler" and include any contractor with the exclusive solid waste contract for solid waste, as those terms may be defined in the Integrated Waste Management Act, Public Resources Code Section 40000 et seq. including, but not limited to, Sections 40059 and 49501 . Q. Green Container. "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of II Source Separated Green Container Organic Waste. R. Hauler Route. "Hauler Route" means the designated itinerary or sequence of stops for each segment of the District's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). S. High Diversion Organic Waste Processing Facility. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11 .5); or, as otherwise defined in 14 CCR Section 18982(a)(33). T. Inspection. "Inspection" means a site visit where District representative reviews records, containers, and an entity's collection, handling, recycling, or landfill Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 5 of 14 disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). U. Lateral. "Lateral" means a "sewer lateral" and is that entire underground pipe structure including the connection between the sewer main and the structural improvements on private property and shall include both the portion on private property and the portion in the public or District right of way. (Ord. 8, 1971) V. Mixed Waste Organic Collection Container. "Mixed Waste Organic Collection Container"shall mean the Black or Gray Container. (See subsection A and 14 CCR section 18984.2.) W. Non-Compostable Paper. "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or paper as otherwise defined in 14 CCR Section 18982(a)(41). X. Non-Organic Recyclables "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Y. Notice of Violation (NOV). "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. Z. Organic Waste. "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, or as otherwise defined in 14 CCR Section 18982(a)(46) as the District Board may designate by resolution. Biosolids and digestate are as defined by 14 CCR Section 18982(a). AA. Organic Waste Generator. "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). BB. Paper Products. Paper Products include, but are not limited to paper, janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated, boxes, tissue, and toweling or as otherwise defined in 14 CCR Section 18982(a)(51). Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 6 of 14 CC. "Prohibited Container Contaminants" (1) Prohibited Container Contaminants. "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the District's Green Container; and, (ii) prohibited materials as defined in §7.01.070 of this Code, placed in any container. DD. Recovered Organic Waste Products. "Recovered Organic Waste Products" means products made from California, landfill-diverted Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). EE. Recovery. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). FF. Recycling. "Recycling" means the process by which recovered products are transformed into new products, and includes the collection, separation, recovery, and sale or reuse of metals, glass, paper products, plastics, and other materials. GG. Recycled-Content Paper. "Recycled-Content Paper" means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, oras otherwise defined in 14 CCR Section 18982(a)(61) HH. Recycling Material. "Recycling Material" means a material which would otherwise become residential industrial or commercial solid waste, which can be source separated, collected, processed, and returned to the economic mainstream in the form of raw materials or products. Permitted recycling materials are listed in Section 8.01.040. II. Renewable Gas. "Renewable Gas" means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62). JJ. Route Review. "Route Review" means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). KK. SB 1383. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce 11 Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 7 of 14 emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. LL. SB 1383 Regulations. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CaiRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. MM. Self-Hauler. "Self-Hauler" means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. NN. Sewerage Facilities. "Sewer Facilities means pipelines, plant facilities and appurtenances constructed, maintained and operated by the District primarily for the collection of sewage and the conveyance thereof to the sewage treatment plant for the treatment of the sewage. (Ord. 30, 1999) 00. Sewer Main shall also include the phrases "main sewer line" and "main sewer". A sewer main is the underground pipe structure in the public or District right of way which acts as a gathering system for one or more sewer laterals. (Ord. 8, 1971) PP. Solid Waste. "Solid Waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: (1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 8 of 14 Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. QQ. Source Separated. "Source Separated" means materials that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray/Black Container Waste or other Solid Waste for the purposes of collection and processing. RR. Source Separated Green Container Organic Waste. "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Mixed Waste Organic Collection Container Organic Waste and Non-Compostable Paper. Section 3. That Section 7.01.040 of the District's Operations Code is amended to read: "Section 7.01.040. Containers. (a) Containers used for residential collection shall be those provided by the District through its franchisee. Said containers shall be standardized to allow for fully automated collection as determined by the District. Except as hereinafter provided, no person may use and other types of containers after the standardized containers are provided. (a) The standardized containers for existing service shall be two mixed waste containers and one organic container. (b) The combined weight of the container and contents for collection shall not exceed 150 pounds. (c) All trash, recycling material, and organics (as defined in this Code along with exclusions) must be placed inside the containers so that the lid can shut to keep out flies and other pests. Trimmings must be cut so that they fit completely within the container and so that the container lid will shut. Residents shall obtain additional containers from the District as needed to comply with this requirement. Trash, recycling material and organics should not be jammed in so that it prevents emptying of the container." I Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 9 of 14 Section 4. That the District Operations Code is amended by adding Chapter 7.03 Short-lived Climate Pollutant Reduction to read as follows: "Chapter 7.03 — Short-lived Climate Pollutant Reduction Section 7.03.010. Residential organic waste generators. Residential organic waste generators shall comply with the following requirements: (a) Residents shall participate in the District's Organic Waste collection program for all Organic Waste generated as described in this chapter. The District shall have the right to review the number and size of residential containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, each residential household shall adjust its service level for its collection services as requested by the District. (b) Residents shall participate in the District's Organic Waste collection program by placing designated materials in designated containers and shall not place Prohibited Container Contaminants in collection containers. Section 7.03.020. Requirement for Haulers (a) The franchise hauler providing residential Organic Waste collection services within the District's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the District to collect Organic Waste: 1. Through written notice to the District annually on or before March 1st identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste. 2. Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. 3. Obtain approval from the District to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1. (b) The franchise hauler authorized to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement." Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 10 of 14 "Section 7.03.030. Requirement for Facility Operators. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon District request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Section 7.03.040. Inspections and Investigations (a) District representatives and/or its designated entity are authorized to conduct inspections and investigations, at random or otherwise, of any collection container placed curbside for collection, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from residents participating in the Organic Waste collection program or Source Separated materials to confirm compliance with this chapter by Organic Waste Generators, property owners, and haulers subject to applicable laws. This Section itself does not allow District staff or the District's designated officials to enter the interior of a private residential property or other areas within the "curtilage" for inspection unless otherwise authorized to do so. (b) Residents shall provide or arrange for access during all Inspections (with the exception of residential property interiors and areas within the curtilage) and shall cooperate with the District representative or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers or any other requirement of this ordinance described herein. Failure to provide or arrange for access is a violation of this ordinance and may result in penalties provided in Section 1 .06.070 of this code. (c) Any records obtained by the District during its inspections shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) District representatives, its designated entity, and/or Designee are authorized to conduct any inspections, or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws. If the District representative, its designated entity, and/or Designee determines that an Organic Waste Generator, hauler, or other entity is not in compliance with this chapter, the noncompliance or violation will be documented and enforced in accordance to Section 7.03.050 of this chapter. (e) The District shall receive written complaints from persons regarding person(s), household(s) and/or residential property owner(s) that may be potentially non- compliant with SB 1383 Regulations, including receipt of anonymous complaints." Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 11 of 14 "Section 7.03.050. Enforcement (a) Violation of any provision of this chapter shall be subject to receiving Notice of Violations and administrative fines. (b) Responsible Entity for Enforcement (1) Enforcement pursuant to this chapter may be undertaken by the District or their designated entity, or combination thereof. (c) Process for Enforcement (1) The District will monitor compliance with this chapter by random inspections and through Compliance Reviews, Route Reviews, investigation of complaints, and Inspections. (2) The District may issue an official notification to notify residents of their obligations under this chapter. (3) The District will issue a Notice of Violation to any resident and/or residential property owner found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants. (4) The Notice of Violation will require compliance within 60 days of issuance of the notice for conditions not easily correctable. (5) Absent compliance by violators within the deadline set forth in the Notice of Violation, the District shall enforce this chapter by issuing administrative citations as described in Chapter 1.06 of the Operations Code. Section 7.03.060. Compliance Deadline Extension. The District may extend the compliance deadlines set forth in a Notice of Violation issued if it finds that there are extenuating circumstances beyond the control of the violator that make compliance within the deadlines impracticable, including the following: (a) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (b) Delays in obtaining discretionary approvals or other government agency approvals; or, (c) Deficiencies in Organic Waste recycling infrastructure or if the District is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies." Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 12 of 14 Section 7.03.070. Education. The District will be responsible for conducting public outreach regarding the Short-lived Climate Pollutant Reduction Act. Inspections, Route Reviews or waste evaluations, and Compliance Reviews, will be conducted to determine compliance with the Act., and if the District determines that an organic waste generator, hauler, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter." Section 5. That District Operations Code Section 8.01.050 is amended to read: "Section 8.01.050. Permitted Organics Material. Only the following are permitted to be placed in the organics container for collection: A. Lawn clippings B. Branches C. Leaves and flowers D. Shrubs, bushes, and weeds E. Fruits and vegetables F. Meat, poultry and seafood G. Eggshells H. Rice I. Beans J. Pasta K. Frozen/refrigerated food L. Tea bags and coffee grounds M. Fats, oil and grease related to cooking and other organic liquids N. Compostable plastic bags" Section 6. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 13 of 14 Section 7. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law. PASSED and ADOPTED this 2 day of MIttnfl , 2021. it J_ .0 ;1 r l LOM I Lt Secretary President Ordinance No. 133 Mandatory Organic Waste Disposal Reduction Page 14 of 14 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No.133 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 22nd day of November 2021 by the following votes: AYES: Ooten, Scheafer, Schafer, Perry, Eckles NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 22nd day of November 2021. eraCI rk o tl}: o- es: -unitary District