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Monthly Board Meeting – This Thursday in Oakland – All are welcome

NORTHERN CALIFORNIA RECYCLING ASSOCIATION

BOARD MEETING – THURS May 17, 2018

Location: John Moore’s Office, 1970 Broadway St, Oakland, CA 94612

Food served at 6 pm; meeting begins at 6:30 pm.

Open to the public – all welcome to attend. Please RSVP to the NCRA Office if you wish to attend. Coming late? Let the office know so someone can be prepared to come down to let you in; the doorperson leaves at 6pm.

DRAFT Meeting Agenda

Fodder For Thought: Recovering Food and Feeding Animals

By Food Waste Reduction Committee Members, Susan Miller Davis, Infinite Table and Susan Blachman, Blachman Consulting
According to the US EPA food recovery hierarchy, after prevention and feeding humans comes feeding animals. Below are some places in Northern California that accept food for animals.

 The Oakland Zoo, home to more than 700 animals and dedicated to conservation, is a unique local resource for food recovery in Alameda County.  The Zoo has the potential to use a large quantity and variety of foods, including meat, bones, excess bread and bakery goods, and imperfect produce, which may not be suitable for human consumption.

According to a 2012 article, the zoo spends over $300,000 annually on feed.  A single tiger eats 10 bones and 15 pounds of meat daily, and an 11,000-pound bull elephant eats 100 pounds of “browse” or vegetation each day.  The park is about to expand significantly, opening the new “California Trail” exhibit which will feature several large species like bison and bears and scavengers like condors, which could open up new donation possibilities.  The Zoo currently works with a number of donors according to specific donation guidelines, and hosts an annual  Feast for the Beasts event, this year on July 28, inviting the public to feed the elephants breakfast using donated produce.

Tiny Farms is an agricultural technology company headquartered in San Leandro. The company is building high-efficiency modular cricket farms, and producing cricket powder for human and animal food. They are currently hatching about 1 million crickets per month in their San Leandro facility and are experimenting with substituting recovered food such as stale bread and sturdy vegetables (e.g. root vegetables such as carrots, potatoes, sweet potatoes etc. that may be softening or sprouting but are not yet rotting), for some of their animal feed as a way to reduce their business’ environmental impact.

They believe there is the potential to replace as much as half of their cricket feed with recovered food. And they’ve just recently begun supplying Oaktown Crickets with seasoned fried crickets in snack packs and as a salad topper at the Oakland Coliseum.

O2 Artisans Aggregate, O2AA, an eco-industrial park located in West Oakland, is home to a network of artisans and enterprises working collectively to develop and promote environmentally progressive projects. The systems created at O2 enable tenants and the community to utilize alternative energy and reduce and up-cycle various waste-streams.

The Perennial Farming Initiative has an aquaponic greenhouse facility which uses organic material, other than wood chips, compostable utensils and putrid material.  In the closed-loop system, that organic material is fed to fish, the fish waste is then used to fertilize plants on hydroponic rafts and the plants are harvested for consumption.  Other organic material, not easily composted (onions, citrus, bones), is fed to worms that in turn feed the fish.  O2 Feeds is a new on-site initiative upcycling food waste, including wet and dry grains, okara (a waste by-product from a local tofu manufacturer) and tortilla chips, to create a sustainable animal feed.

Livestock farming is concentrated in the eastern part of Alameda County – for more information see the Alameda Farm Bureau.  There are several large operations in nearby counties that accept excess food.

M-R Ranch is a 200-cow operation near Sacramento that takes material from the Alameda County Community Food Bank, including stale bread, spent grain, chocolate, oatmeal and old produce such as onions, potatoes, and cilantro.

Devil’s Gulch Ranch, a diversified family farm located in Nicasio, Marin County, within California’s North Coast region, raising rabbits, pigs, sheep, premium wine grapes and asparagus for retail customers and direct sales to restaurants. They accept donations of brewer’s grains, milk, bread and tortillas for their pigs.

To find other farms in and around Alameda County that will accept food waste:

  • Post material on CropMobster, an online community-based exchange system for trade and exchange within the food and agricultural space. CropMobster SF Bay is focused on providing a locally based community for hunger relievers, tackling food waste and building a “farm-to-fork” economy in the San Francisco Bay Area.
  • Talk to animal farmers at Alameda County farmers markets

Please let us know if you are aware of other animal operations that accept recovered food.

Burn Them, Burn Them All

Burn Them, Burn Them All [1]

By John D. Moore, NCRA Vice President and Legal Counsel, Henn, Etzel & Moore, Inc.

CA Department Of Public Health Enjoined From Enforcing Restriction On Medical Waste Crossing State Lines. Does new ruling impact Al Co drug take back ordinance?

The Commerce Clause of the US Constitution (Art. I, Sec. 8) has an odd relationship to the field of solid waste. In 1978 the US Supreme Court issued its first decision since 1905 that related to garbage and found that solid waste was an “article of commerce” covered by the Commerce Clause [2] .

The Commerce Clause reserves to Congress the right to regulate interstate commerce; the purpose being to preserve a “Union” and guard against state “protectionist” laws. The 1979 case involved a state (New Jersey) passing a law forbidding the importation of solid waste into that state; a law passed because of dwindling landfill space there, a situation then existing in many East Coast states. The Supreme Court struck down the New Jersey law finding that “solid waste” is an “article of commerce” that New Jersey improperly regulated. The Court did not say exactly what about the nature of solid waste makes it an “article of commerce”. [3]

By labeling “solid waste” an article of commerce, the Court later struck down laws where local government commanded that solid waste be disposed of only at a facility directed by the local government. [4] The Court later modified its holding to allow local government to direct solid waste to facilities owned and operated by the local government. [5]

The Commerce Clause was applied to Alameda County’s pharmaceutical take back ordinance, and held constitutional by the Ninth Circuit Court of Appeals. [6] An intrastate limitation on the import of solid waste was held constitutional by the Solano County Superior Court. [7] A state case found that the Commerce Clause did not preclude an exclusive solid waste franchise arrangement in Pleasant Hill, CA. [8]

Last week the Ninth Circuit Court of Appeals struck down a portion of the state of California’s laws, as applied by Cal DPH, regulating the disposal of medical waste, on Commerce Clause grounds. Again, the Court did not examine why medical waste is an “article of commerce” and both it and the parties assumed that it was.

Under California law, medical waste collected within the state must be incinerated, and, if transported out of state, must be “consigned to a permitted medical waste facility in the receiving state. [9]

The plaintiff in the case operated a permitted medical waste transfer station in Fresno, where it received medical waste collected by an affiliated company. Because there was not a permitted medical waste incinerator in California, the plaintiff transported the medical waste first to an incinerator in Maryland. Then, to reduce disposal expenses, the plaintiff began transporting the medical waste to facilities in Kentucky and Indiana for “autoclave” and “thermal deactivation” treatment permitted in those states. Both of these processes involve heating the medical waste; it does not appear that anyone argued that these processes are de facto incineration under state law.

Cal DPH then threatened the plaintiff with fines, taking the position that medical waste shipped out of state still must be incinerated. The only statutory support for this position is when the “receiving state” does not have a permitted facility, in which case the medical waste must be incinerated. (Where that could be is an unresolved question.) But the plaintiff’s medical waste was taken to permitted facilities in Kentucky and Indiana.

Plaintiff filed suit in US District Court and obtained a preliminary injunction against the state, forbidding imposition of penalties or other regulatory action by Cal DPH. The Ninth Circuit affirmed the preliminary injunction stating

“Were it otherwise, California could purport to regulate the use or disposal of any item—product or refuse—everywhere in the country if it had its origin in California. The district court did not abuse its discretion when it determined that Daniels was likely to succeed on the merits and enjoined the Department officials from “enforcing the MWMA against Daniels’s out-of-state waste disposal.”

The Ninth Circuit treated this as a clear case of violating the Commerce Clause, as it considered Alameda County’s pharma ordinance to not impair interstate commerce. The Ninth Circuit did not comment on the difference between the statute requiring out of state treatment of medical waste at a permitted facility and Cal DPH’s interpretation of this statute. From experience I can relate that there often are facts in a case on appeal that the parties deem pertinent, where the Court does not share this view.

Hopefully the technology for safe disposal of medical waste will provide a solution besides incineration, possibly by the field of fungi-based  mycoremediation. Please continue looking to this column to report on new applications of the Commerce Clause to solid waste and recyclable material.

And if you have read all the way to the end, please send me an email at jmoore@recyclelaw so I can tell if these legal articles are worth publishing in the NCRA News.

[1] Game of Thrones quoting the last words of Aegon Targaryen, King of Westeros

[2] Philadelphia v. New Jersey (1978) 437 US 617, 622-623

[3] Indeed, if the California Supreme Court was right in saying that “solid waste” was something valueless that an owner paid to dispose, how could something valueless, like solid waste, be an “article of commerce”. See Waste Management of the Desert v. Palm Springs Recycling Center (1994) 7 Cal.4th 478

[4].C & A Carbone v. Town of Clarkstown (1994),511 U.S. 383

[5] United Haulers Ass’n v. Oneida-Herkimer Solid Waste Mgmt. Auth., 550 U.S. 330, 344 (2007)

[6] Pharm. Research & Mfrs. of Am. v. County of Alameda (9 Cir. 2014) 768 F.3d 1037

[7] NCRA v. County of Solano case no. FCS03687 Judgment entered May 30, 2009

[8] Waste Mgmt. of Alameda Cty. Inc. v. Biagini Waste Reduction Sys., Inc. (1988) 63 Cal. App. 4th 1488

[9] Health and Safety Code Section 118000(c)

 

2018 Recycling Update – Speaker Video Presentations

We are pleased to offer you the video presentations for the 2018 Recycling Update conference; more will be added weekly, so please check back and spread widely!

Allie Lalor , Greg Dudish , Alina Bekkerman , Dennis Uyat, “Lessons Learned from Zero Waste Youth Brazil”

Terry McDonald , Executive Director, St. Vincent de Paul of Lane County, Inc.

Nicole Tai , CEO, GreenLynx

David Allaway, Senior Policy Analyst, Oregon Department of Environmental Quality

Jeff Denby , Co-Founder of The Renewal Workshop,“Enabling a Circular Economy for Apparel”

Jerame Rentaria , Zanker Materials Processing, “DM Reduction System at Zanker Facility”

Hilary Gans , Manager, SBWMA

Michael Lok, Asian Health Services

Kevin Kumataka, SF Green Business Program

Sharon Daraphonhdeth, UC Berkeley

Jennifer Acton & Erin Cooke, San Francisco International Airport

Kelly McBee, Californians Against Waste

Mikhail Davis, Interface

Will Bakx, Sonoma Compost Company

Patrick Mathews, Salinas Valley Recycles

 

 

Annual Members Meeting! Thursday April 19th at StopWaste Office

Please join us for our annual meeting where we will brainstorm our focus for 2018.  Meeting will be held at the StopWaste office at 1537 Webster Street, Oakland 94612. Email us at ncrarecycles at gmail.com to RSVP, or with any questions you may have.

Tentative Agenda is as follows:

6:00pm Food and Group Sharing

6:30pm Annual Membership Address

7:00pm Group Activity: Priority-setting for committees

7:30pm Groups come back together for report out

7:45pm Screening of STRAWS with brief Q&A after

8:30pm Meeting adjourns & off to green drinks!