HomeMy WebLinkAbout1994/08/23 Item 16
AUG I 8 199<1
I
d
,i " Ji
QIllUlttu of ~alt JEli~gll
ROBERT K. ROSS, M. D.
DIRECTOR
(619) 236.2237
DEPARTMENT OF HEALTH SERVICES
1700 PACIFIC HIGHWAY, SAN DIEGO. CALIFORNIA 92101-2417
August 11, 1994
Mr. John Goss, City Manager
City of Chula vista
276 Fourth Avenue
Chula Vista, California 91910
Dear Mr. Goss:
RE: LOCAL ENFORCEMENT AGENCY (LEA) DESIGNATION
San Diego County Environmental Health Services (EHS) serves the City of
Chula Vista as their designated LEA. As the LEA, we read, with
interest, the San Diego Union-Tribune article regarding Chula vista
expanding trash disposal options. This letter is an attempt to clarify
the position of EHS as the designated LEA for the City of Chula Vista,
and offer our assistance in whichever direction the City of Chula Vista
chooses to go.
The newspaper article indicated that there was a strong concern on the
part of the City Council, that because EHS is a County agency, we could
not act impartially on behalf of the City of Chula vista if the city
were to choose to withdraw from the County Waste System. We want to
reassure you and your council that EHS, as the designated LEA for the
City of Chula Vista, will respond to the City's LEA needs, and is not
influenced by the County Department of Public Works, who operates the
landfills and manages the County's Solid Waste System.
California Code of Regulations (CCR), Title 14, outlines the
requirements to be certified as an LEA. One of the requirements is "A
certified statement that the designated local agency is not the
operating unit for any solid waste handling or disposal operation, solid
waste facility, or disposal site in the designated jurisdiction".
Additionally, organizational charts documenting the separation of the
LEA from public agencies or departments that are the operating units
under the local governing body, are required. This separation and
autonomy from an operator is considered very important, and strictly
observed. To date, the LEA has never experienced an effort by the
County's Board of Supervisors, or the County's Chief Administrative
Officer to influence the activities of the LEA. This includes instances
"Prevention Comes First"
/t/j
John Goss, city Manager
-2-
August 11, 1994
when the LEA has initiated the beginning steps of enforcement actions
against the County. As the LEA, we respond to the California Integrated
Waste Management Board, who oversees our program and monitors to ensure
that no conflicts of interest between an LEA and a solid waste operating
agency develop. The only difficulty we see, as the LEA, with the city
of Chula Vista withdrawing from the county's solid waste system, is the
development of an equitable mechanism for the city of Chula Vista to
fund their fair share of the LEA program.
with the above in mind, please be assured that we take the City of Chula
vista's desires to site a solid waste transfer station very serious, and
are anxious to assist in the permitting process. The most important
element of the siting of a facility of this nature is the local land use
permit. Locating an appropriate site for the facility is a land use
decision of the City of Chula Vista. In making that decision, it is
usually best to be working concurrently on drafts of the documents
required for a Solid Waste Facility Permit (SWFP). This ensures that
all issues required for the SWFP are consistent with the issues
evaluated under the California Environmental Quality Act (CEQA) during
the land use decision. Historically, we have been successful in
expediting SWFPs when we are able to work with a proponent as they go
through the CEQA process. We would like to be able to assist the city
in the same fashion.
While we would like to remain the City of Chula vista's designated LEA,
if the City of Chula Vista does decide to withdraw its' designation, we
would like to cooperate and assist the City in the transition to a new
LEA. I understand staff from our LEA program have arranged a meeting
with members of your staff for Monday afternoon, August 18, to discuss
these issues and provide assistance. Again, we want to assure you that
we are the designated LEA for the City of Chula Vista, and will act as
such for the City within the City's Jurisdiction.
If you have any further questions, please call me at (619) 236-2237.
Sincerely,
~(v~ ~
GARY R. STEPHANY, Assistant Director
Department of Health Services
GRS:dmp
cc: Stephanie Snyder, City of Chula Vista
Mary Coyle, CIWMB
Christine McCracken, CIWMB
Lari Sheehan, DCAO
Tom Montgomery, County Counsel
Dan Avera, EHS
Ken Calvert, EHS
LeAnn Williams, EHS
/tf,r-;L