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Home My WebLink About1992/01/14 Item 6 COUNCIL AGENDA STATEMENT Item (p Meeting Date 1/14/92 ITEM TITLE: Resolution l,41..~ Designating the San Diego County Department of Health Services as the local Enforcement Agency (lEA) for solid waste issues SUBMITTED BY: Principal Management Assistant SnYde~ REVIEWED BY: City Manager J<"~~ (4/Sths Vote: Yes___No-X-) /;) At the City Council meeting of June 11, 1991, Council considered options for designating a Local Enforcement Agency (LEA) as required by AB939, the California Inte9rated Waste Management Act of 1989 (Attachment 1) . 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 County Department of Health Services (DHS) as its LEA for solid waste management act i vit i es. At the time, it was expected that the State Board would be establishing certification guidelines and codifyi ng 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 guidel ines and regulations from the State were del ayed unt il recently. The City must now make a decision to support the original intention to designate the County as its LEA in sol id 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 act ions will be effective August 1, 1992 and a decision by the City is now necessary to all ow sufficient preparation and review time for all agencies. RECOMMENDATION: Approve resolution. BOARDS/COMMISSIONS RECOMMENDATION: At the Resource Conservation Commission meeting on January 6, 1992, the Commission unanimously approved the staff recommendation. An excerpt from the unoffi ci a 1 mi nutes are attached to thi s report (Attachment 2). 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 sol id waste handl ing and disposal are met. Pri or 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 1 aw, a local jurisdiction must designate a sole LEA to handle all matters related to sol id waste handling and disposal. A 1 oca 1 jurisdiction can designate itself to be the sole LEA only if a sol id waste facility exists within the jurisdictional boundaries. When the des i gnat ion ~ - J .--.-....- ... _____"0.' .__n"__._._._.__.__··___·___._,·__·_··_ Page 2, Item to Meeting Date 1/14/92 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 sol e LEA indicates that it is not a reasonable option at this time. The City does not currently have staff resources available and able to meet the necessary profess i ona 1 standards. In addition to the previ ous respons i bil it i es of a Local Enforcement Agency, the new law now requires that an LEA meet additional certification guidelines for the technical and profess i ona 1 abil i ty of staff as well as task performance. The 1 aw imposes vol umi nous requ i rements in the documentat i on of des i gnat ion i nformat ion and a detailed Enforcement Program Plan. The lead time for meeting the certification, documentation, application and training requirements is estimated to be between six months and one year. Should the City decide in the future to name itself as LEA, the law allows for a wi thdrawa 1 of the designation currently being recommended and a new designation 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 responsibil ity for the enforcement of State 1 aws and rel ated regul at ions. 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 requirements, and other similar issues. The City's role is protected by its ability to adopt local ordinances which are not preempted by State law. FI SCAL IMPACT: None as a result of this recommended act ion. The funding mechani sm 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 /'-2- -_._-_._----~---,._"-- -.-.-.... RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE SAN DIEGO COUNTY DEPARTMENT OF HEALTH SERVICES AS THE LOCAL ENFORCEMENT AGENCY FOR SOLID WASTE ISSUES WHEREAS, Division 30, Part 4, Chapter 2 of the Public Resources Code (California Integrated Waste Management Act of 1989) requires that all Local Enforcement Agencies (" LEAs ") for solid waste issues be certified by the California Integrated Waste Management Board ("CIWMB"), and WHEREAS, each local jurisdiction must designate an LEA, or remand that responsibility to the CIWMB, and make notification to the CIWMB as to the designation. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby designate the County of San Diego, Department of Health Services, Environmental Health Services as the LEA for solid waste issues in this jurisdiction. Presented by Approved as to form by Stephanie Snyder, Principal BruC~B~~a:¿ Management Assistant Attorney C:\RS\LEA for solid waste iBlues <e,~ -~.~--- --.-_._- ATTACHMENT 1 COUNCIL AGENDA STATEMENT Item 1f) Meeting Date 6/11/91 ITEM TITlE:· Report: Considering options for re-designating a Local Enforcement Agency (LEA) as required by the Cal ifornia Integrated Waste Management Act of 1989 SUBMITTED BY: Principal Management Assistant SnYde~ REVIEWED BY: City Managetf (4/Sths Vote: Yes___No-X-) 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 guidel ines. It is responsible for solid waste hcil ity permits, including application review, approva 1 and CEQA review, and monthly inspections, enforcement and closure/post-closure requirements. Affected hcil it i es include landfill s, transfer stations, material recovery facilities, waste-to-energy plants, and composting projects. The 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 juri sdi ction intends to meet the requi rement. As an overview, there are three alternatives available. The City may: 1) designate the State (CIWMB); 2) establ ish 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 IS, 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 avail abl e information, and provides a preliminary recommendation to be followed up within the next three months. REC0ff4ENDATION: 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 REC~ENDATION: 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. ('~5 :fð::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 sol id waste handl ing and disposal were addressed for enforcement purposes in two categories, health-related and non-health related solid waste matters. A jurisdiction 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-rel ated sol id waste di sposal 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 so 1 i d waste handl i ng and d i sposa l. 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. REVIEW OF ALTERNATIVES The attached evaluation (Attachment B) deta il s the advantages and di sadvantages and the estimated fi scal impact of each al ternat i ve previ ously 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 review 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 Ci ty wi 11 be requested to provide a resolution regarding intended designation. The County's request for certification will be submitted to the State in 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 reconvnended to Counc il at this time is preliminary in nature and not binding upon the City. Council action is being reconvnended 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 ~ ,-(, , - ATTACHMENT A . . Q1UUl1tU uf ~Nl1 ¿BiCBl1 NORMAN W. HICKEY CHIEF ADMINI8TRATlVE OFFICER CHIEF ADMINISTRATIVE OFFICE t.181 &31-8250 FAX: Ce'81 H7..-080 1800 PACIFIC HIGHWAY, SAN DIEGO. CALIFORNIA 8210'-2472 May 14, 1991 ~ John D, Goss ,. City Manager City of Chula Vista 276 Fourth Avenue ChUl~' CO "'1'-"" Dear . oss: 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 Waste Technical Advisory 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 LEA 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 '--- -{ì. 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, Enyironmental Health Services at (619) 338-2211- Sincerely, N W, HICKEY Ch ef Administrative Officer NWH:cad Enclosure cc: City DPW Director ~~., ..~..~ --...- .. - o .. > .. ~ .. L 0 m... c "0 L . ~ . .. .. .. ... .. "fi: ~~¡ ::>- ~ ._:ä. .)oo.~¡: ". ..--0 _...0'" U~ __~:::JC CCIÞ -U ...u.~- m:::J_~ t ~8.§.~ ~ß8::¡; :~ ~0U~~ !.= ~ = ~~-.... ~~ 1... III ....... ., .... .... ... ~ _ _ " &I-UCI"D CD>_ .... v... c.·_.~ E:t._ z ., o"c. .oo-u w >0. 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U «I CI- ,c'_"':::J ...._ ... ., .....0- .0 ¡ :;t; ;;:I~ :'fi > ... c . .. o .. .. c u o _ . > ... «I 0 L. .. ... at .. c .. .en - - > a~ ø ~ II . c: - Q - . . " .. .. , .c z L> .. ø 0 .. .. .. 0 > 0 >- - II ... . C ... ... >- c: ... 0 111. ... :J Q. 0 c: ... 0 .. ..... ... en u uo I'f'I .. ~ L> . CL C C .. u :II 4:Ð-!f- (,..~ .."----_.~"._,-- 4820682 EXPRESS SECRETRRIRL 140 P02 JRN 10 '92 13:36 DRA~'~"'T . .,. t . '. ¡;;, ATTACHMENT 2 , " . ~ï MINUTES OF A SCHEDULED REGULAR MEETING Resource Conservation Commission Chula Vista, California 6:00 p.m. Conference Room 1 Monday, January 6. 1992 Public Services Building CALL MEETING TO ORDER/ROLL CALL: Meeting was celled to order at 6:06 p.m, by Chairperson Hall, City Staff Environmental Review Coordinator Doug Reid called roll. Present: Commissioners Fox. McQuade, Kracha, Hall. Excused: Johnson and Ghougassian. John Ray arrived at 6:10 p.m. APPROVAL OF MINUTES: It was MSUP (Fox/Kracha) to approve the minutes of Decembet 16, 1991, NEW BUSINESS: 1. Stephanie Snyder gave å staff summary of the Household Hazardous Waste Element (HHWE) and solicited comments from the Commission. Hall posed a question on the proper disposal and collection of paint cans, aerosols cans, etc. by APTEC. They are currently accePtable, per the state. Kracha noted the Environmental Health Coalition is going to the Port Commission to get grant for collection of hazardous waste from the marinas. The city does recognize the need to address the special needs such as marinas. Athena Bradley noted it is a separate state law to implement that. She is also writing a grant to the state for household hazardous waste education. A SANDAG public hearing on this issue will be January 24 at 8:30 a.m. 2. The Source Reduction & Recycling Element (SRREI was summarized by Stephanie Snyder. Kracha noted the document was quite vetbose and repetitive, however it is informational for the state. Staff followed guidelines mandated by the state. Hall commented on the fee charge. Kracha further commented on the lack of good public information. He suggested working with schools on recycling and getting sponsors for this information. Staff noted that handouts have been given to stores. California Conservation Corps to go door to door to hand out information on the Mandatory Recycling Element. 3. An explanation of the Local Enforcement Agency Designation (LEA) was presented by Stephanie Snyder. Kracha questioned why this was process was necessary. It was suggested that it was solely for political reasons. After a brief discussion, it was MSUP (Kracha/Fox) to support approval of the resolution as presented, designating the County as its LEA for solid waste management activities. The above comments from RCC regarding the whole recycling element will be presented by Staff for the public hearing, 4. The discussion of Public Hearings on EIR's is continued to the next mSl!ting. &:,.q -' ._____._ -0-------0-·--_-