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DRAFT June 15, 2021 | Page 22 THE CITY OF PLEASANTON SB 1383 ACTION PLAN 2021 ─ 2025 3.2 Monitoring and Enforcement The City may either conduct these activities with City staff, or delegate monitoring through another entity, such as a hauler or third-party contractor. While StopWaste’s implementation approach assumes that member agencies will delegate contamination monitoring to a franchised hauler, preliminary assessments and meetings between the City and PGS have concluded not to recommend this approach. The City may either conduct these activities using City staff, such as Code Enforcement, or engage a third-party contractor. A preliminary cost and staffing assessment has been conducted for the annual contamination monitoring route reviews to compare use of City staff versus a third-party contractor. Due to lack of staffing capacity, it is recommended that the City use a third-party contractor for these inspections. Regardless of inspection delegation, the City will be responsible for managing NOVs and issuing penalties beginning January 1, 2024. Monitoring and enforcement of the Edible Food Recovery program will be primarily delegated to StopWaste and the County Environmental Health Department because of their existing programs and the need for regional collaboration. It is recommended that inspections of Tier One and Tier Two Commercial Edible Food Generators and food recovery organizations and services be conducted by the County Department of Environmental Health. There are multiple benefits to this approach, but the primary benefits are efficiency and legal authority. From an efficiency standpoint, the County Department of Environmental Health is already inspecting the businesses. Delegation of this role to the County Department of Environmental Health will only amount to adding a few lines to their inspection forms and reporting back to StopWaste and the City. Additionally, the Fourth Amendment of the U.S. Constitution protects citizens from illegal search and seizure, therefore there is a chance that individual member agencies may face challenges regarding legal authority to require businesses to allow them access to their property or to provide records. The County Department of Environmental Health does have the authority to enter the back of the business for inspections, or they can revoke a business’ Health Permit. It is recommended that the City collaborate with the County Department of Environmental Health to ensure all records required by SB 1383 are included in the applicable reports. Should the County decide not to perform SB 1383 inspections in conjunction with current Environmental Health inspections, then each member agency will be required to perform their own inspections. 3.2.2 State SB 1383 Requirements for Jurisdictions • Conduct contamination monitoring either through route reviews for prohibited container contaminants such that all routes are inspected annually or through twice yearly waste evaluation studies of all container types; and, notify generators if contamination is found (§18984.5). • Implement an inspection and compliance program including: conducting compliance reviews of all commercial garbage accounts producing over two cubic yards of solid waste and multi-family garbage accounts with five or more units; inspecting Tier One Commercial Edible Food Generators, food recovery organizations, and food recovery services; and, conducting generator compliance reviews through route reviews or waste evaluations (§18995.1). • Conduct inspections at least once every five years to verify de minimis and physical space waiver conditions, if applicable (§18995.1). • Starting January 1, 2022 through December 31, 2023, provide non-compliant generators with educational material (§18995.1). • Beginning January 1, 2024, take enforcement action, including issuing NOVs and imposing penalties for non- compliant generators, haulers, self-haulers, commercial edible food generators, or other regulated entities