HomeMy WebLinkAboutAgenda Statement 1977/08/23 Item 05~. ~ ~ ~ ~ CITY OF CHULA VISTA
COUNCIL AGENDA STATEMENT %: Item No. s
`V Fo ~~ meeti nc~ of 8/ 23/ 77
ITEM TITLE Resolution 8787 Designating Local Enforcement Agency for Class I Solid
Waste Facilities and Health/Non-Health Related Solid Waste Standards under
the Z'Berg-Kapiloff Solid Waste Control Act of 1976.
SUBMITTED BY City Manager
ITEM EXPLANATION
(4/5TH'S VOTE REQUIRED YES NO X )
On July 1,1977, Chula Vista did not designate an enforcement agency for the Z'berg-
Kapiloff Solid Waste Control Act of 1976 (AB2439). By not naming a local office, the
State Solid Waste Management Board has become our enforcement agency for these regulations.
The State Board is not anxious to act as enforcement agency for local jurisdictions, so
on July 28, 1977 a schedule of fees was adopted to finance the program.
According to the regulations, when the State Board serves as the enforcement agency, it
will charge fees to the local governing body. These charges are open-ended. The expenses
will be based on manhours worked plus per diem, travel and overhead to cover the cost of
administration/inspection expenses; and the charges to investigate complaints. With two
disposal sites in Chula Vista, these costs could be astronomical.
In addition, each solid waste facilities permit will be issued at a fee of $500. This fee
will be charged directly to the local governing body, which may then collect the fee from
the facility operator.
To avoid these charges, the City could designate an enforcement agency for the Health and
Non-Health related standards. Under AB2439, the health regulations must by law be en-
forced by the County Health Department. The Health Department will then assess the permit
processing fees directly to the operator. For any Class I Solid Waste Facility (receives
hazardous materials that could contaminate underground water), the local governing body
must designate the State Department of Health as the enforcement agency. Chula Vista has
two such facilities.
For the Non-Health related standards, the City might designate the City Manager as the en-
forcement agency. These regulations apply to storage, collection and removal, disposal sites
and transfer and processing sites. This is essentially the current procedure of complaint
investigation through the Citizens Assistance Officer.
~.,~ ~ T T .T„ continued on Supplemental Page 2
~Ah1t51IJ
Agreement x Resolution X Ordinance Plat Notification List®~
Other ENVIRONMENTAL DOCUMENT: Attached Submitted ran
FINANCIAL IMPACT
N/A
STAFF RECOMMENDATION
Designate State Department of Health as enforcement agency for Class I Solid Waste Facilities
Designate County Department of Health as enforcement agency for the Health-related standards.
Designate City Manager as enforcement agency for the Non-Health related standards.
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION
A P t R 0 V E D
by the
Cit;7 Co~~.zzlcil
4
Chula ~`i3 ~a, California
:uate3 g~a
Item No. 5
Supplemental Page 2
The City might instead designate the County Department of Health as the enforcement agency
for Non-Health related standards. However, there is some question over the viability of
the County enforcing the standards relating to storage collection and disposal.
After the designation of an enforcement agency, staff will return to Council in the near
future regarding designation of a hearing panel to rule on appeals from enforcement actions.
Although there is not much information available at the present time, this hearing panel
will rule on appeals from collection and storage enforcement.