REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 10, 2025
FROM
NOEL CASTILLO, Director, Department of Public Works - Solid Waste Management
SUBJECT
Title
Revisions to Designated Approved Electronic-Waste Collector Agreement Template and Designations for the County’s Disposal Site Operations Contractor, Solid Waste Franchise Haulers, and Other Entities
End
RECOMMENDATION(S)
Recommendation
1. Approve the revised Waste Hauler Designated Approved Electronic-Waste Collector Agreement template to allow the County’s Franchise waste haulers and Class “A” permit waste haulers to collect electronic-waste within their respective County Franchise Areas or permit areas for five-year terms.
2. Approve the revised Miscellaneous Entities Designated Approved Electronic-Waste Collector Agreement template to allow miscellaneous entities to collect electronic-waste within the County Franchise Areas or permit areas for five-year terms.
3. Authorize the Director of the Department of Public Works or the Deputy Director of the Solid Waste Management Division to execute the following:
a. Individual Designated Approved Electronic Waste Collector Agreements with the County’s Franchise Haulers and Class “A” permit waste haulers.
b. Individual Designated Approved Electronic Waste Collector Agreements with miscellaneous entities.
c. Proof of Designation, California Department of Resources Recycling and Recovery, CalRecycle Form 184, including any amendments or revisions to the form, with the County’s Disposal System Operations Contractor as the Approved Collector of Covered Electronic Waste for the Department of Public Works, Solid Waste Management Division disposal sites.
d. Proof of Designation, California Department of Resources Recycling and Recovery, CalRecycle Form 184, including any amendments or revisions to the form, with the County’s Franchise waste haulers and Class “A” permit waste haulers as Approved Collectors of Covered Electronic Waste within each hauler’s County Franchise Area or permit area.
e. Proof of Designation, California Department of Resources Recycling and Recovery, CalRecycle Form 184, including any amendments or revisions to the form, with miscellaneous entities as Approved Collectors of Covered Electronic Waste at specified locations within the County Franchise Areas or permit areas.
(Presenter: Noel Castillo, Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this Item will not result in the use of Discretionary General Funding (Net County Cost) as the Department of Public Works - Solid Waste Management Division (SWMD) is financed by fee revenue. SWMD established the Refuse Franchise Fee, which is included in the County Fee Ordinance and is utilized to manage the franchise agreements to meet the mandate of providing solid waste handling services in the unincorporated areas of the county. Sufficient appropriation and revenue are included in SWMD’s 2024-25 budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
On October 19, 2010 (Item No. 45), the Board of Supervisors approved the current Designated Approved Electronic-Waste (E-Waste) Collector Agreement template and authorized the Director of the Department of Public Works (Director) or Designee to execute Agreements with the County franchise waste haulers for 2-year terms. The Item also authorized the Director or Designee to execute the Proof of Designation, California Department of Resources Recycling and Recovery, CalRecycle Form 184 (Form 184), including any amendments or revisions to the form, with the County’s Disposal System Operations Contractor and the County franchise waste haulers.
The first recommendation of this item would approve a revised Waste Hauler Designated Approved Electronic-Waste Collector Agreement template to allow the County’s Franchise waste haulers and Class “A” permit waste haulers to be a Designated Approved Collector (Collector) of E-Waste within their respective County Franchise Areas (CFAs) or permit areas. The Revised Waste Hauler Agreement template makes changes to the current Designated Approved Electronic-Waste Collector Agreement template by changing the term for each executed agreement to five years, allowing the agreement to also be entered into with the County’s Class “A” permit haulers, adding Collector reporting requirements, expanding on termination language, and adding language allowing the Collector to list a subcontractor as the Collector on the Form 184 only after a separate subcontractor agreement obligating the subcontractor to comply with the terms of the Waste Hauler Designated Approved E-Waste Collector Agreement is provided to the County.
The second recommendation of this item would approve a revised Miscellaneous Entities Designated Approved Electronic-Waste Collector Agreement template to allow miscellaneous entities located within a CFA or permit area to be a Collector of E-Waste at specified locations within a CFA or permit area. The Revised Miscellaneous Agreement template makes changes to the current Designated Approved Electronic-Waste Collector Agreement template by changing the term for each executed agreement to five years, revising and removing sections and exhibits to specify locations where e-waste collection services will be provided by the Collector, adding Collector reporting requirements, expanding on termination language, and adding language allowing the Collector to list a subcontractor as the Collector on the Form 184 only after a separate subcontractor agreement obligating the subcontractor to comply with the terms of the Miscellaneous Entities Designated Approved E-Waste Collector Agreement is provided to the County.
The third recommendation of this item would authorize the Director of the Department of Public Works or the Deputy Director of the Solid Waste Management Division to execute the Designated Approved E-Waste Collector Agreements for the County’s Franchised Haulers, Class “A” Permit Haulers, and for miscellaneous approved entities; and the Form 184 for the County’s Disposal System Operations Contractor, the County’s Franchise waste haulers, the County’s Class “A” permit waste haulers, and miscellaneous entities as Approved Collectors of Covered Electronic Waste (CEW).
Designating the County Disposal Site Operator, County Franchise waste haulers, County Class “A” permit waste haulers, and miscellaneous entities as Approved Collectors will allow them to participate in the CalRecycle electronic waste collection program and collect E-Waste on behalf of the County. The Electronic Waste Recycling Act (EWRA) of 2003 banned certain electronic products that contain substances such as mercury and lead from landfill disposal. Examples of covered E-Waste are televisions and computer monitors that contain a cathode ray tube (CRT), laptop computers, and most consumer electronics with an electric cord.
The EWRA also designated certain products as being covered by a fee and payment system to encourage the proper recovery and recycling of the products. To participate in the payment program, the E-Waste collector must provide specific information regarding the origin of the item such as the name and address of the product’s owner, unless designated as an approved E-Waste collector. “Designated Approved E-Waste Collectors” are approved collectors that have been designated by a California local government to collect covered electronic wastes on behalf of the local government and are not subject to the source documentation requirements. This allows the County disposal site operator, County franchise waste haulers, and County Class “A” permit waste haulers, which are also approved e-waste collectors or use a subcontracted E-Waste collector, to participate in the recovery and recycling payment program for CEW collected at County-owned disposal sites or for waste haulers collecting CEW within their respective CFA or permit area. This would also allow miscellaneous entities, which are also approved E-Waste collectors or use a subcontracted e-waste collector, to participate in the recovery and recycling payment program for CEW collected at specified locations within a CFA or permit area.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jolena Grider, Deputy County Counsel, 387-5455) on May 28, 2025; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5442; on May 20, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on May 23, 2025.