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• Any of the Covered Materials taken to the Pleasanton Garbage Transfer Station (Transfer Station) by a self-hauler(which includes any person, including residents, delivering material to the Transfer Station) must be separated from garbage, be processed by the Transfer Station (if WMA determines that it is a"High Diversion Mixed Waste Processing Facility"), or the self-hauler may pay a 10% increase over the standard tipping fee. Any revenue would be kept by the Transfer Station. • PGS would be required to submit to WMA for its approval, a compliance plan describing the actions it will take to compel with the ordinance. Failure to comply is subject to administrative penalties or a misdemeanor offense as determined by the WMA subject to approval or disapproval by the City. • Allows PGS to send notices prepared by the WMA and approved by the City in a manner specified by the WMA detailing the mandatory recycling program or requires PGS to provide the WMA with a listing of all relevant account information. • Transfer Station operations that separate Covered Materials from garbage collected at locations that don't have source separated recycling collection service must comply with WMA material processing standards. • WMA may conduct inspections without notice of commercial properties and the Transfer Station to determine compliance with the ordinance. Also, any other related inspections as determined by the WMA are permitted. • Businesses or the City on behalf of a class of businesses or multi-family buildings, may seek approval of a waiver from the WMA, which shall consult with the City prior to making its decision. All waiver requests would be processed by the WMA and the City is not provided with the authority to process waiver request exclusive of the WMA. Waiver types are established in the ordinance. • WMA is responsible for enforcement of the ordinance except that notices of violation require written City approval or disapproval of the WMA's action. The City's decision to approve or disapprove of the WMA's enforcement action must be taken in a timely manner. • Contains opt out provisions (one for each of the two phases) allowing jurisdiction the option of not participating with certain aspects of the ordinance. However, City's cannot opt out of the self-hauler provisions, including WMA's oversight of the Pleasanton Transfer Station. A decision to opt-out must be taken by resolution no later than March 2, 2012. (Based on staff's read, failure to take action by this date would result in being subject to all aspects of the ordinance.) Also includes the option of opting-in at a later time subject to approval of the WMA. It should be noted that Phase I includes Covered materials while Phase II adds discarded food and compostable paper. It should be noted that guidelines for implementing the State AB341 mandatory commercial recycling program are currently being developed by the State and as such, it may be prudent to wait until those guidelines are issued before implementing mandatory commercial recycling in Pleasanton. However, depending on the timing of the State's action, the City may have to exercise the ordinance's opt-out provision. For convenience purposes, staff has included Attachment A that summarizes City and WMA comments regarding the proposed ordinance.