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Home My WebLink About2008/02/05 Item 12 CITY COUNCIL AGENDA STATEMENT ~f::. Cln' OF ~=t~CHUlA VISTA 02/05/2008, Item / ~ SUBMITTED BY: RESOLUTION AUTHORIZING THE SUBMITTAL OF TIRE ENFORCEMENT GRANT APPLICATIONS IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSES OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE WORK SPECIFIED IN THE GRANT THROUGH JUNE 30, 2012.L1.. ____ DIRECTOR OF PUBLIC WORKS Vr CITY MANAGER c;. ] -Fa~ prz C, ASSIST ANT CITY MANAGER <<;,--r- 4/5THS VOTE: YES 0 NO 0 ITEM TITLE: REVIEWED BY: BACKGROUND In 1989, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board (CIWMB) was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. Consequently, the CIWMB adopted regulations to establish and enforce waste tire storage and handling standards. The CIWMB has delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at waste tire facilities to local solid waste enforcement agencies and cities and counties. To ensure a stable source of funding for these activities the CIWMB provides a non-competitive Tire Enforcement Grant program. The City of San Diego - Solid Waste Local Enforcement Agency (LEA) is the lead agency for this program in San Diego County and Chula Vista, Imperial Beach and National City are partnering with the City of San Diego on this program. This grant program will support the continuation of enforcement work that was started in 2007. ENVIRONMENTAL REVIEW Not applicable. 12-1 2/05/2008, Item_ Page 2 of 3 RECOMMENDATION Staffrecommends that Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION California is faced with the significant challenge of diverting or safely managing more than 40.2 million reusable or waste tires generated each year. It is estimated that 1.5 million waste tires have been illegally dumped or stockpiled. These stockpiles pose a potential threat to public health, safety, and the environment. In 1990, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board (CIWMB) was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. Consequently, the CIWMB adopted regulations to establish and enforce waste tire storage and handling standards. Public Resources Code Section 42961.5 required the CIWMB to develop a "California Uniform Waste and Used Tire Manifest" system. Its purpose is to provide accountability for monitoring the movement of waste and used tire loads within California. The CIWMB uses the Manifest System to ensure that all waste tires generated and transported within California have been accounted for and delivered to permitted end use facilities. Discrepancies are actively investigated and, if necessary, regulations are strictly enforced. The maximum civil penalties for violations of the waste tire hauling and manifesting requirements are $25,000 per violation per day as described in Public Resources Code Section 42962, and administrative penalties are $5,000 per violation per day. The CIWMB has delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at waste tire facilities to local solid waste enforcement agencies, cities and counties. The central objective of facility, site and hauler inspections, is to achieve compliance through oversight and education to the greatest extent possible and to provide accurate information for entry into a statewide database. Inspections may be performed by CIWMB staff or by waste tire enforcement grantees. To ensure a stable source of funding for these activities, the CIWMB provides a non-competitive Tire Enforcement Grant program. Each year there is approximately six million dollars available for the grant program. Eligible applicants may request up to a total of $300,000. To be eligible for grant money, the applicant must have 50 or more waste tire sites in its jurisdiction and must be one of the following: 1. A Local Enforcement Agency 2. An Environmental Health Agency 3. A Code Enforcement Agency 12-2 2/0512008, Item_ Page 3 of 3 The City of San Diego-Local Enforcement Agency has been operating a Tire Enforcement program for some time. Since the cities ofChula Vista, National City and Imperial Beach do not meet all the eligibility requirements to apply for the funding on their own, the City of San Diego invited the South Bay jurisdictions to partner with San Diego for this grant funding. The City of San Diego Local Enforcement Agency staff performs the initial inspections and follow-up inspections for all waste tire facilities and sites and will include the facilities and sites located within the partner jurisdictions. If there were a non-compliance issue, Enforcement staff would notify the City of Chula Vista and the CIWMB with enforcement activities pursued at the state level. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(I) is not applicable to this decision. FISCAL IMPACT There is no impact to the general fund as a result of applying for and accepting this grant and implementing the work; no matching funds are required. Prepared by: Lynn France, Environmental Services Program Manager, Public Works Department 12-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF TIRE ENFORCEMENT GRANT APPLICATIONS IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSES OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE WORK SPECIFIED IN THE GRANT THROUGH JUNE 30, 2012 WHEREAS, in 1990, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires; and WHEREAS, the California Integrated Waste Management Board [CIWMB] has delegated the responsibility for the administration of tire enforcement, compliance and surveillance activities at waste tire facilities to solid waste Local Enforcement Agencies [LEA]; and WHEREAS, funds are allocated and available from the CIWMB for grants to LEAs to perform enforcement, compliance, and surveillance activities at waste tire facilities; and WHEREAS, the City of San Diego ELA has agreed to act as lead jurisdiction on behalf of the cities ofChula Vista, Imperial Beach, and National City. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the submittal of tire enforcement grant applications in partnership with the City of San Diego - Local Enforcement Agency. BE IT FURTHER RESOLVED that the City Council does hereby authorize the City of San Diego to act on behalf of the City of Chula Vista to execute all necessary applications, contracts, payment requests, agreements and amendments for the purposes of securing grant funds and to implement and carry out the work specified in the grant through June 30, 2012. Dave Byers Director of Public Works Presented by J:\Attomey\RESO\GRANTS\Califomia Integrated Waste Mgmt Bd_02-05-08.doc 12-4