Sample Official Notification Letter

advertisement

1537 Webster Street, Oakland, CA 94612 (510) 891-6500

OFFICIAL NOTIFICATION

Date: April 11, 2020

To: [Business Name]

[Address 1]

[City] [State] [zip]

Store #: [store no.]

Via: Certified Return Receipt U.S. Mail

Re: Compliance with Alameda County Reusable Bag Ordinance 2012-02 at:

Property Address: [service address][street],[City]

Dear Store Owner or Manager,

On January 25 th , 2012, the Alameda County Waste Management Authority (Authority) adopted Ordinance 2012-02,

(ACWMA Ord. 2012-02). The purpose of the ordinance is to reduce the use of single use carry-out bags and promote the use of reusable bags at the point of sale in Alameda County.

ACWMA Ordinance 2012-02 became effective July 1, 2012, and after a six month phase in period, enforcement began January 1, 2013. Stores covered by the ordinance may no longer distribute single use carry-out bags and must charge a minimum of $0.10 for recycled content paper or reusable bags distributed at the point of sale, and are required to itemize that charge on the receipt. Additional requirements of ACWMA Ord. 2012-02 can be found by reading the text of the ordinance available for download at http://www.reusablebagsac.org

, or by reviewing the responses to frequently asked questions at http://www.reusablebagsac.org/faqs-retailers.html

.

Your store was recently inspected by an Authority Representative and based on that inspection it was determined your store is out of compliance.

NOTICE: This is OFFICIAL NOTIFICATION of your obligation to conform to the requirements of ACWMA Ord. 2012-02 or risk being subject to an enforcement action.

On __[inspection date]_________our inspection found the following violations (checked boxes).

Section Violation

2012-02.4(a) Distributing single-use bags

2012-02.4(b) Failure to charge or charging an insufficient fee for paper bags or reusable bags

2012-02.4(d) Failure to itemize on receipt charge for paper or reusable bags

2012-02.4(b) Provided non-compliant paper bags

The non-compliant bag met one or more of the following 3 criteria:

“Recyclable” not printed on bag

Name and country of manufacturer not printed on bag

Percentage of post-consumer recycled content not printed on bag

2012-02.4(b) Provided non-compliant reusable bags

Less than minimum lifetime of 125 uses

The non-compliant bag met one or more of the following 5 criteria:

2012-02.7(a)

Volume of less than 15 liters

Less than 2.25 mils thick, if made of plastic

Name and country of manufacturer not printed on bag or permanent tag

Statement about toxins not printed on bag or permanent tag

Failed to keep complete and accurate records of paper and reusable bag sales and purchasing starting from the required date; or reusable bag give away

One or more of the following 2 records violations is evident:

Failed to make inspection records available within 7 days of request

Provided false/incomplete information

Page 1 of 2 Official Notification ACWMA Ord. 2012-02

Your store will be in compliance after it corrects the current violation(s) noted above, and when it prevents future violations from occurring. Failure to correct the violation(s) before the next inspection could result in an enforcement action.

Violation(s) of ACWMA Ord. 2012-02 is punishable by fine: up to $100 for the first, $200 for a second, and $500 for each subsequent violation. Each ordinance requirement violated shall constitute a separate violation for each day on which a violation of the requirement occurs. The Authority may recover costs and attorneys’ fees incurred in connection with successful enforcement of this ordinance. A separate citation and fine may be imposed for each requirement of this ordinance violated for each day on which a violation occurs.

A fine is not being assessed at this time for the violation(s) listed in this notification.

Enclosed you will find a list of compliant paper and reusable bags, as well as a retailer fact sheet summarizing the details of the ordinance.

Future violations of the Reusable Bag Ordinance can result in fines. Please take the appropriate action to correct the violation(s) identified by this notice .

If you have questions regarding compliance with the Reusable Bag Ordinance, please contact our information hotline at 510-891-6575 or by email at bags@stopwaste.org

.

Brian Mathews

Senior Program Manager - Enforcement Officer

Enclosures: Retailer Fact Sheet

Reusable Bag Resources and Requirements

Recycled Content Paper Bag Resources and Requirements

Page 2 of 2 Official Notification ACWMA Ord. 2012-02 v.1

Download