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BACKGROUND The Alameda County Waste Management Authority Board and the Source Reduction and Recycling Board are (known collectively as Stopwaste) function as one agency to provide waste management and program planning services in Alameda County. The ACWMA Board consists of elected officials from each of the seventeen member agencies. Recently, as part of implementing its Strategic Plan, and assisting in reaching its 90% waste diversion goal, Stopwaste adopted a mandatory commercial recycling ordinance for implementation in Alameda County. The Ordinance requires all Alameda County businesses that generate four cubic yards or more of garbage per week and all multi-family residential development with five or more units to segregate recyclable materials, including corrugated cardboard, newspaper, white paper, mixed recyclable paper, recyclable food and beverage glass containers, metal, food and beverage cans and PET containers. A second phase beginning in July 1, 2014, will require the segregation of organic materials. The ordinance also includes requirements related to the operation of transfer stations (including the PGS transfer station on Busch Road) and independent haulers. Stopwaste staff will be responsible for enforcement, and enforcement action will be taken only if approved by the City Manager (or a designee) of the affected jurisdiction. Exceptions and waivers, including those related to emergencies, lack of space, and financial hardship are at the sole discretion of Stopwaste and are limited to the terms defined in the Ordinance in Sections 9 and 10. Currently the city and PGS are providing for commercial recycling in accordance with AB341 that also sets mandatory commercial recycling standards statewide. The primary difference between the county's ordinance and the AB341 is as follows: • More specificity in identifying the types of material required to be recycled. • Establishes an enforcement and waiver policy. • Will most likely include some enforcement by Stopwaste. • Creates a great county presence in refuse and recycling matters. • Includes recycling of organics commencing July 1, 2014. • Will provide educational and compliance material to affected commercial accounts. • Takes the place of the City developing its own ordinance concerning commercial recycling requirements and guidelines as required in AB341. Regarding the overall justification for participating with the county's ordinance, two points come to mind. First, the City's recently approved Climate Action Plan that includes a goal to be a Zero Waste Community by 2025 has been adopted and implementation assumes enhanced recycling. Second, Stopwaste is currently evaluating additional Measure D requirements for those cities/agencies that are not participating in its mandatory ordinance which may lead to similar requirement. Third, there are advantages with having overall consistency throughout the county and currently only, Pleasanton, Dublin, Castro Valley Sanitation District and Ora Loma Sanitation district are not participating in the county's ordinance. Page 2 of 4