HomeMy WebLinkAbout2025-06-17; City Council; 08; Agreement with the Regional Solid Waste Association for Residential Household Hazardous Waste Collection Program ServicesCA Review CKM
Meeting Date: June 17, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Avecita Jones, Senior Program Manager
avecita.jones@carlsbadca.gov, 442-339-2542
Subject: Agreement with the Regional Solid Waste Association for Residential
Household Hazardous Waste Collection Program Services
Districts: All
Recommended Action
Adopt a resolution authorizing the City Manager to execute an agreement with the Regional
Solid Waste Association for residential household hazardous waste collection program services
for a five-year term.
Executive Summary
The California Integrated Waste Management Act requires the city to provide for the safe
disposal of household hazardous waste generated by residents.1 The city is also responsible for
implementing and managing programs intended to divert household hazardous waste from
disposal in local landfills.
For the past 25 years, the city has met these requirements by participating in a joint powers
agency known as the Regional Solid Waste Association. Staff are requesting the City Council’s
approval to continue this effective partnership.
Explanation & Analysis
Many common products that are used in our daily lives contain potentially hazardous materials
and must be disposed of carefully. It is illegal to dispose of hazardous waste in the garbage,
down storm drains or onto the ground. Chemicals in illegally or improperly disposed hazardous
waste can be released into the environment and contaminate our air, water and possibly the
food we eat. Examples of household hazardous waste include batteries, paint, household
cleaners, pesticides, fertilizers, automotive fluids and compact fluorescent bulbs.
Beginning in 2000, the city partnered with the Regional Solid Waste Association, a joint powers
agency comprised of the cities of Del Mar, Encinitas, Escondido, National City, Poway, Solana
Beach and Vista, to provide stable, long-term, environmentally responsible and cost-effective
options for all aspects of solid waste disposal, including recyclables and household hazardous
1 The California Integrated Waste Management Act, Assembly Bill 939, was approved by the legislature in 1989
because of an increase in waste and a decrease in landfill capacity.
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waste. Staff recommend continuing this partnership for a five-year term to continue providing
these services to residents.
The agreement gives Carlsbad residents access to a regional household hazardous waste drop-
off facility in the City of Vista, which operates every Saturday, and a pick-up program that
allows residents to schedule household hazardous waste collection from their homes.
The city reports the amounts of waste diverted through these programs to the California
Department of Resources Recycling and Recovery, or CalRecycle, on an annual basis, as
required under Carlsbad’s Integrated Waste Management Plan.
These services have been consistently used by residents, demonstrating ongoing community
engagement. The chart below shows the number of residents who participated in the program
for the last three calendar years:
Year Residents
2022 2,585
2023 2,449
2024 2,933
Fiscal Analysis
These programs are funded through the Environmental Sustainability Department, Sustainable
Materials Management Division’s operating budget. Over the past three fiscal years, the
division has allocated the following amounts to support this important residential program:
Fiscal year Allocation
2022–23 $189,831
2023–24 $216,531
2024–25 $234,523*
*estimated
Funding for the program for fiscal year 2025-26 is included in the operating budget that will be
presented to the City Council for adoption on June 17, 2025.
Next Steps
Once the agreement is approved by the City Council and signed by the City Manager, staff will
send the agreement to the Regional Solid Waste Association for final execution.
Environmental Evaluation
The proposed action is not a “project” as defined by California Environmental Quality Act, or
CEQA, Section 21065 and CEQA Guidelines Section 15378(a) and does not require
environmental review under CEQA Guidelines Section 15060(c)(2) because the action is limited
to residential household hazardous waste collection program services. The action has no
potential to cause either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment.
Exhibit
1. City Council resolution
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Exhibit 1 RESOLUTION NO. 2025-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE REGIONAL SOLID WASTE ASSOCIATION FOR
RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
SERVICES FOR A FIVE-YEAR TERM
WHEREAS, Assembly Bill 939, the California Integrated Waste Management Act of 1989 (Cal.
Public Resources Code Section 40000 et seq.), mandates all jurisdictions in the State of California
provide for the safe collection, recycling, treatment and disposal of hazardous wastes generated by
households within the jurisdiction; and
WHEREAS, AB 939 further requires all jurisdictions to prepare a household hazardous waste, or
HHW, plan which identifies program elements; and
WHEREAS, the Regional Solid Waste Association is a joint powers agency comprised of the cities
of Del Mar, Encinitas, Escondido, National City, Poway, Solana Beach and Vista; and
WHEREAS, the Regional Solid Waste Association primary purpose is to provide stable, long-
term, environmentally responsible, cost-effective options for all aspects of solid waste disposal,
including recyclables and household hazardous waste; and
WHEREAS, the city sponsors both the door-to-door household hazardous waste collection
program and the household hazardous waste drop-off service at the Regional Solid Waste Association
contract facility in Vista for Carlsbad residents to participate in; and
WHEREAS, the city reports the amounts diverted through these programs to the California
Department of Resources Recycling and Recovery, or CalRecycle, on an annual basis, as required under
the HHW element of the city’s approved Integrated Waste Management Plan; and
WHEREAS, the City Council of the City of Carlsbad has determined it is in the city’s best interest
to continue contracting with the Regional Solid Waste Association for household hazardous waste
disposal services through a five-year agreement, and has appropriated funds for these services in the
Environmental Sustainability Department’s Sustainable Materials Management Division operating
budget for fiscal year 2025-26, which is being presented to the City Council for adoption at the meeting
on June 17, 2025.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2. That the City Council has determined that the proposed action is not a “project” as
defined by California Environmental Quality Act, or CEQA, Section 21065 and CEQA
Guidelines Section 15378(a) and does not require environmental review under CEQA
Guidelines Section 15060(c)(2) because the action is limited to residential household
hazardous waste collection program services. The action has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment.
3.That the Regional Solid Waste Association Household Hazardous Waste Inter-
Jurisdictional Use Agreement between the City of Carlsbad and the Regional Solid Waste
Association (Attachment A) is approved.
4.That the City Manager is authorized to execute the agreement and any subsequent
amendments necessary to implement the household hazardous waste element of the
city’s Integrated Waste Management Plan during the agreement’s term, subject to the
City Council’s appropriation of funds for household hazardous waste disposal services.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 17th day of June, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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Inter-Jurisdictional Agreement
REGIONAL SOLID WASTE ASSOCIATION
HOUSEHOLD HAZARDOUS WASTE INTER-JURISDICTIONAL USE AGREEMENT
FOR THE FACILITY LOCATED IN THE CITY OF VISTA
THIS AGREEMENT (the “Agreement”) is made and entered into, to be effective the 1st day
of July, 2025, by and between the Regional Solid Waste Association (“RSWA”), a joint powers agency,
and the City of Carlsbad (“Participating Jurisdiction” or “City”).
RECITALS
WHEREAS, RSWA has contracted with EDCO Disposal Services (“EDCO”) for the operation
of regional permanent household hazardous waste collection facility (the “Facility”) in the City of
Vista (located at 1145 E. Taylor Street, Vista) that is available through RSWA to residents within the
County of San Diego;
WHEREAS, EDCO has subcontracted with Clean Earth Environmental Solutions (“Clean
Earth”) to operate the Facility, to provide household hazardous waste door-to-door pick-up services
described herein and to coordinate with the City for the conduct of household hazardous waste
collection special events;
WHEREAS, the Facility provides the ability for residents to dispose of household hazardous
waste;
WHEREAS, the proper disposal of household hazardous waste benefits all residents of the
County of San Diego;
WHEREAS, the Facility is required to comply with all federal, state and local laws and
regulations concerning the disposal of household hazardous waste; and
WHEREAS, Participating Jurisdiction agrees to share in the cost of operating the Facility
according to the number of residents that use the Facility.
AGREEMENT
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, RSWA and Participating Jurisdiction agree as follows:
1. The above recitals are true and correct.
2.Duties: RSWA shall contract with EDCO for the collection and disposal of household
hazardous waste (“HHW”) and to operate the Facility in accordance with all applicable federal, state
and local laws and regulations. The parties acknowledge that EDCO will subcontract with a licensed
subcontractor to provide HHW services which are the subject of this Agreement. RSWA shall require
the contractor to document and maintain records of individuals using the Facility and provide
Attachment A
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Participating Jurisdiction access to records for review. Facility shall be open every Saturday, excluding
legal holidays and the weekends associated with such legal holidays. RSWA reserves the right to close
the Facility on any Saturday, if necessary, for RSWA’s administrative convenience or for operational
reasons. RSWA’s obligation to contract with EDCO for operation of the Facility pursuant to this
Agreement is subject to the continued authorization by the City of Vista, which owns the Facility.
RSWA will contract with EDCO to provide, through EDCO’s subcontractor, door-to-door HHW collection for Carlsbad residents. The City agrees to reimburse EDCO or EDCO’s subcontractor (Clean Earth) for each pickup of HHW from door-to-door participants in the City. Each resident using
the services will pay $10.00 directly to EDCO or EDCO’s subcontractor (Clean Earth) upon collection
of their HHW. The City will be invoiced by EDCO’s subcontractor (Clean Earth) on a monthly basis in the same manner as invoices are generated when City residents use the permanent HHW Facility in the City of Vista, with invoices including the name and address of each door-to-door program participant.
RSWA will contract with EDCO to have EDCO’s subcontractor to work with City staff in selecting an appropriate site, in obtaining the necessary permits, and scheduling up to two residential HHW collection events per year. EDCO’s subcontractor (Clean Earth) will be responsible for the
disposal of the HHW collected, and any incidentals required to operate the event(s). The HHW special collection event(s) shall consist of a payment per vehicle charged to the City. The City reserves the right to cancel the event(s) for operational or budgetary reasons.
3. Term: The term of this Agreement shall end at midnight on June 30, 2030. However,
either party may terminate this Agreement prior to the termination date, upon thirty (30) days prior
written notice to the other party. RSWA will continue to allow residents from Participating Jurisdiction
to dispose of household hazardous waste at the Facility up to the termination date in the notice and
Participating Jurisdiction agrees to reimburse EDCO’s subcontractor for those residents disposing of
household hazardous waste between the time of filing the notice and the termination date.
4. Billings and Payments: The fees and services are described in Exhibit A attached
hereto. Each month, EDCO’s subcontractor shall bill Participating Jurisdiction for the services
provided. Participating Jurisdiction shall pay the subcontractor within thirty (30) days of receipt of the
bill.
5. Dispute: If a dispute should arise regarding the performance of this Agreement, the
parties hereby agree to attempt to settle the dispute by subsequent agreement between the
subcontractor’s staff and Participating Jurisdiction’s staff. In the event that a dispute continues, a
representative of each of the Participating Jurisdiction’s staff and the subcontractor’s staff shall state
their respective views of the dispute in a letter to the RSWA General Manager, sending copies to each
other. The RSWA General Manager shall, within ten (10) days of receiving the letter from both parties,
consider the facts and solutions recommended by each party. In such cases, the action of the RSWA
General Manager shall be binding upon both the subcontractor and the Participating Jurisdiction.
Nothing in this procedure shall prohibit the parties from seeking remedies available to them at law.
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6. Oral Agreement: No oral agreement or representation by an officer, agent or employee
of either party or the contractor (EDCO) or EDCO’s subcontractor (Clean Earth), made before, during
or after the execution of this Agreement shall become part of this Agreement except to the extent such
oral agreement or representation is expressly reflected in this written Agreement or a written
amendment to this Agreement.
7. Counterparts: This Agreement may be executed in several counterparts, each of
which shall be deemed an original, and all of such counterparts together shall constitute one and
the same instrument. These counterparts may be transmitted by facsimile or other electronic
signature (including Portable Document Format (PDF)) by either of the parties and the receiving
party may rely on the receipt of such document so executed and delivered electronically or by
facsimile as if the original had been received.
REGIONAL SOLID WASTE CITY OF CARLSBAD
ASSOCIATION
By: ____________________________ By:__________________________
James H. Eggart Geoff Patnoe
General Manager City Manager
Approved as to Form
By:__________________________
Cindie K. McMahon
City Attorney
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EXHIBIT A
SCOPE OF SERVICES AND FEES
City and RSWA agree as follows:
The parties have negotiated the fee schedule and services as follows:
1. The drop off collection and disposal program at the Vista facility is billable to the City
at a cost of $75.00 per car load for fiscal year 2025-26; and shall increase to $78.00 per car load for
fiscal years 2026-27; and shall increase to $81.00 per car load for fiscal year 2027-28; and shall
increase to $84.00 per car load for fiscal year 2028-29; and shall increase to $87.50 per car load for
fiscal year 2029-30; and there will be no charge for E-Waste (electronic waste) only loads disposed of
at the Facilities. Universal waste only loads (batteries, florescent tubes and sharps) shall be billed to
the City at a cost of $36.00 per car load for fiscal years 2025-26 through 2029-30.
2. The cost of the door-to-door collection is billable to the City at a cost of $82.00 for
each collection in fiscal years 2025-26 through 2029-30. There will be a reduced charge of $65.00 for
universal waste only service per door-to-door collection; and no charge for E-Waste (electronic waste)
only service per door-to-door collection. Carlsbad residents using the services will pay $10.00 directly
to EDCO or EDCO’s subcontractor (Clean Earth) upon collection of their HHW unless there is no
charge for service. The City will be invoiced by EDCO or EDCO’s subcontractor (Clean Earth) on a
monthly basis, the price per collection minus the residential co-payment of $10.00 in the same manner
as invoices are generated when City residents use the permanent HHW facilities operated by RSWA
in the City of Vista, with invoices including the name and address of each door-to-door program
participant.
3. The Special Event Collection and Disposal Program is billable to the City at a cost of
$85.00 per vehicle load. Clean Earth will work with City staff in selecting an appropriate site, in
obtaining the necessary permits and in scheduling the collection events. Clean Earth will be
responsible for disposal of the HHW collected and any incidentals required to operate the event.
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