HomeMy WebLinkAboutRCC AGENDA PK 1992/01/06~ ~ e.~ ~.y~~~ iY
COUNCIL AGENDA STATEMENT
Item
Meeting Date 4 92
ITEM TITLE: Resolution Designating the San Diego County
Department of Health Services as the Local Enforcement Agency
(LEAj for solid waste issues
SUBMITTED BY: Principal Management Assistant Snyder
REVIEWED BY: City Manager (4/5ths Vote: Yes_No~( )
At the City Council meeting of June 11, 1991, Council considered options for
designating a Local Enforcement Agency (LEA) as required by A6939, the
California Integrated Waste Management Act of 1989 (Attachment A). As a
result of that review, staff was directed to send a letter of intent to the
County of San Diego indicating the City's initial interest in designating the
"aunty Department of Health Services (DHS) as its LEA for solid waste
management activities. At the time, it was expected that the State Board
would be establishing certification guidelines and codifying regulations
within two months. Staff expected to use the time to clarify ramifications of
the LEA designation with both the State Board and the County DHS.
Certification guidelines and regulations from the State were delayed until
recently. The City must now make a decision to support the original intention
to designate the County as its LEA in solid waste matters, or the State will
become the City's LEA by default. Another option of the City naming itself as
LEA is not viable at this time. These actions will be effective August 1,
1992 and a decision by the City is now necessary to allow sufficient
preparation and review time for all agencies.
RECOMMENDATION: Approve resolution.
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission
reviewed this report at its January 6, 1992 meeting. The Commission's
comments and/or recommendations were
DISCUSSION:
As previously reported, the California Integrated Waste Management Act of 1989
(AB 939) requires that a local jurisdiction designate an LEA to ensure that
minimum standards for solid waste handling and disposal are met. Prior to
this law, the City was able to designate itself as co-LEA and take
responsibility for enforcement of non-health related solid waste matters such
as litter control. For all other standards, the County Department of Health
Services (DHS) acted as the LEA for the City.
Under the new law, a local jurisdiction must designate a sole LEA to handle
all matters related to solid waste handling and disposal. A local
jurisdiction can designate itself to be the sole LEA only if a solid waste
facility exists within the jurisdictional boundaries. When the designation
Page 2, Item
Meeting Date~J14/92
issue was first reviewed in June 1991, consideration was given to the
alternative that the City could choose to designate itself as sole LEA. That
alternative initially was less attractive and cost effective than the option
to designate the County DHS to act on the City's behalf. The least attractive
alternative was to designate the State Board (CIWMB) or to fail to make any
designation, wherein the State Board becomes the City's LEA. by default.
Further examination of the option for the City to name itself as sole LEA
indicates that it is not a reasonable option at this time. In addition to the
previous responsibilities of a Local Enforcement Agency, the new law now
requires that an LEA meet additional certification guidelines for the
technical and professional ability of staff as well as task performance. The
law imposes voluminous requirements in the documentation of designation
information and a detailed Enforcement Program Plan. The lead time for
meeting the certification, documentation, application and training
requirements are estimated to be between six months and one year. Should the
City decide in the future to „ame itself as LEA, the law allows for a
withdrawal of the designation currently being recommended and a new
+iesignation meeting all State requirements. At the present time, all
incorporated cities within the County of San Diego have designated or are
planning to designate the County DHS as sole LEA.
One of staff's primary concerns when the issue was first reviewed was the
clarification of the effect this designation would have on any activities the
City is currently involved in related to solid waste collection, handling and
disposal, since the City would no longer be able to share the responsibility
for the enforcement of State laws and related regulations. The County has
stated, and the State has concurred, that local jurisdictions will be allowed
to retain control over local ordinances dealing with transportation route
issues, abandoned vehicles, curbside ~"equirements, and other similar issues.
The City's role is protected by its ability to adopt local ordinances which
are not preempted by State law.
FISCAL IMPACT: None as a result of this recommended action. The funding
mechanism for the program is expected to be through new charges for permit
review processes which will be paid directly by the applicant. Other
administrative costs of the County's program will be funded from the County's
Solid Waste Enterprise Fund (tipping fees).
WPC 3803A
ATTACHMENT A
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6 1
ITEM TITLE: Report: Considering options for re-designating a Local
Enforcement Agency (LEA) as required by the California
Integrated Waste Management Act of 1989
SUBMITTED BY: Principal Management Assistant Snyder
REYIEWED BY: City Manage (4/5ths Vote: Yes Nom)
The California Integrated Waste Management Act of 1989 (AB 939) requires that
each local governing body re-designate a Local Enforcement Agency to ensure
that minimum standards for solid waste handling and disposal are met. The LEA
must meet new State certification guidelines. It is responsible for solid
waste facility permits, including application review, approval and CEQA
review, and monthly inspections, enforcement and closure/post-closure
requirements. Affected facilities include landfills, transfer stations,
material recovery facilities, waste-to-energy plants, and composting projects.
`he certification guidelines for the LEA designation are now available in
draft form and will soon be codified in regulations to be adopted by the State
board (CIWMB) by August 1, 1991. Within 30 days of adoption of the
regulations, each governing body is required to submit a letter of intent to
the State on how the jurisdiction intends to meet the requirement. As an
overview, there are three alternatives available. The City may: 1) designate
the State (CIWMB); 2) establish its own LEA; or 3) enter into an agreement
with an appropriate jurisdiction (County) approved to perform the duties of
the LEA. Failure to take any action will result in a designation of the State
as the City's LEA by default.
The County of San Diego is preparing to meet the State certification
requirements and is offering to provide the service to the cities (Attachment
A). The request from the County to consider entering into an agreement asks
for an indication of interest by June 15, 1991. Although staff is pursuing
additional information and clarification, this report advises Council of the
need for a decision in the near future, discusses the alternatives in light of
available information, and provides a preliminary recommendation to be
followed up within the next three months.
RECOMMENDATION:
1. Authorize the City Manager to send a letter of intent to the County of
San Diego regarding the City's preliminary interest in designating the
County as its LEA for solid waste management activities; and
2. Direct staff to return to Council in August 1991 with a final
recommendation for designation.
BOARDS/COMMISSIONS RECOhPiENDATION: The Resource Conservation Commission
will review this report at its June 10, 1991 meeting. The Commission's
comments and/or recommendations will be reported to the City Council during
the discussion of this item or forwarded subsequently in an informational
report.
10-1
Page 2, Item_ .~
Meeting Date 6/11/91
DISCUSSION:
Prior to the enactment of the California Integrated Waste Management Act of
1989 (AB 939), minimum standards for solid waste handling and disposal were
addressed for enforcement purposes in two categories, health-related and
non-health related solid waste matters. A 3urisdiction could designate two
different LEA's if it so chose. The City of Chula Vista chose to designate
the County of San Diego, Department of Health Services (DHS) as the LEA for
health-related solid waste disposal and site storage regulations. For all
other standards, the City retained co-LEA status with the County as did 14
other cities in the region.
Under the new regulations, this practice will no longer be allowed and each
governing body must designate a sole LEA to handle all matters related to
solid waste handling and disposal. Over the next few months, staff will be
examining what changes this requirement will necessitate in the
non-health-related enforcement activities the City is currently performing,
such as litter control, space allocation relative to solid waste collection,
etc.
W OF ALTERNATIVES
The attached evaluation (Attachment B) details the advantages and
disadvantages and the estimated fiscal impact of each alternative previously
mentioned. At this time, it appears that the designation of the County
Department of Health Services as the City's LEA is the most cost-effective and
reasonable solution. That choice will retain the most amount of local control
while not requiring that the City engage in a time-consuming and expensive
endeavor to establish a staff of technical and professional experts in order
to meet State certification requirements. Although the funding mechanism is
still to be determined by the County, it is expected that the County's program
will be funded from the Solid Waste Enterprise fund (tipping fees) and
possibly new charges for permit revievr processes which will be paid directly
by the applicant. This choice would result in no direct cost to the City
unless the City chose to establish its own facility.
NECESSARY ACTIONS AND TIME LINES
The designation process will not be complete until August 1992. At this time
the County is requesting only a letter of intent in order to signal the City's
interest in designation. By August 1991, the City will be requested to
provide a resolution regarding intended designation. The County's request for
certification will be submitted to the State 1n December 1991. Local LEA
certifications are to be approved by the State by August 1, 1992 or the State
becomes the City's LEA by default.
It is stressed that the action recommended to Council at this time is
preliminary in nature and not binding upon the City. Council action is being
recommended because of the lead time necessary in the planning process for the
LEA designation.
FISCAL IMPACT: No direct cost to the City as a result of this action to
provide a letter of intent to the County. Should the designation eventually
take place, it is not expected that there will be any direct cost to the City.
WPC 3699A
to-Z
ATTACHMENT A
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NORMAN W. MICKEY
CN+EF .pDMIN1~TR4TVE OFFICER CHIEF ADMINISTRATIVE OFFICE
nrn u,-uso
FAx ro,n ss7.oso
1600 -ACIFIC MIOMWAV, iAN DIE00. CALIFORNIA Y2101-2474
May 14, 1991
John D. Goss
City Manager
City of Chula Vista
276 Fourth Avenue
Chula V' ta, CA 92D10-2688
Dear ss:
The alifornia Integrated Solid Waste Management Act of 1989
requires that each governing body designate a Local Enforcement
Agency (LEA). On May 2, 1991, the County of San Diego Department
of Health Services (DHS) staff provided an overview of the draft
regulations to the Solid Wa.~te Tecbn~cal A3visory Committee (TAC).
A copy of our presentation is enclosed. The information provided
to the TAC includes an overview of the responsibilities of an LEA,
the requirements an Y,]::A must meet in order to be designated and
certified, and the time limitations in which each governing body
must work. The information should also provide you with a better
understanding of your governing body's options.
In response to the new regulations, the DHS is actively preparing
to be designated and become the certified LEA for the
unincorporated areas of the county. In order to maintain
consistency in solid waste enforcement, DHS would also like to act
\ as the LEA for the other jurisdictions in the county. If your
governing body would like the DHS to act as the LEA for your
jurisdiction, we request that you notify them of your intent, in
writing, by June 15, 1991. Please direct your correspondence to:
Gary Stephany, Deputy Director
Environmental Health Services
P. O. Box 85261
San Diego, California 92186-5261
If you have any questions, please contact Gary R. .Stephany, Deputy
Director, Environmental Health Services at (619) 338-2211.
Sincerely,
N W. HICKEY
Ch of Administrative Officer
NWH:cad
Enclosure
cc: City DPW Director
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