HomeMy WebLinkAbout1977-10-04; City Council; 5217; Z'Berg-Kapiloff Solid Waste Control Act of 1976i—'NCITY OF CARLSBAD`'
Initial:
AGENDA BILL NO. �02 / _ Dept. Hd.
DATE: October 4, 1977 C. Atty. 1l F
DEPARTMENT: Public Works C. Mgr.
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i Subject: DESIGNATION OF ENFORCEMENT AGENCIES - COMPLIANCE WITH REQUIREMENTS OF
THE V BERG - KAPILOFF SOLID WASTE CONTROL ACT OF 1976.
Statement of the Matter
d
The Z'berg-Kapiloff Solid Waste Control Act of 1976 requires the designation of
Enforcement Agencies for enforcement of provisions of the Act and other related
M rules and regulations. Enforcement is required for the following general categories:
1. Non -Health Related
2. Health Related
3. Class I Wastes
4. Permitting of Facilities
Additionally, the Act requires the designation of a Hearing Panel.
EXHIBITS
A. Memo from Director o•` Utilities & Maintenance to City Manager.
! B. Proposed Resolution.
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RECOMMENDATION
If Council concurs with the Staff report, adopt Resolution No. SZ / Of.
Council action
10-4-77 Resolution #5219 was adopted, designating Solid Waste Enforcement
Agencies.
k-A
September 19, 1977
MEMORANDUM
TO: City Manager
FROM: Director of Utilities & Maintenance
SUBJECT: Designation of Enforcement Agencies -
City Compliance with the Z'berg-Kapiloff
Solid Waste Control Act of 1976
The Z'berg-Kapiloff Solid Waste Control Act of 1976 requires that Counties,
if receiving the endorsement of all cities having the majority of population,
or the County and the separate cities if the County does not receive such an
endorsement, designate enforcement agencies to achieve compliance with the
Act. A requirement of the Act is that an agency which operates a solid waste
facilit cannot be th,-- enforcement agency for that facility. As an example,
the County apartment o Sanitation and Floodon ro w is operates the
County landfills cannot act as the enforcement agency for regulations per-
taining to sanitary landfills. The City of San Diego is reluctant to accept
County proposals relating to enforcement matters, therefore all cities must
develop specific resolutions concerning enforcement.
The City presently administers it's Solid Waste Program essentially in com-
pliance with the Act, however the manner in which the enforcement is conducted
is ;ot memorialized in a single document - which is a requirement of the Act.
Additionally, the Act requires that a permitting procedure be established for
solid waste facilities and operations. Our contract and ordinances relating
to Solid Waste collection essentially meets this requirement. Should a land-
fill or other facility be located in the City, it will be necessary that a
permit be issued. I have recommended in the proposed resolution that the Pub=
tic Works Administrator be tasked with this responsibility similarly as he is
with industrial waste permits. Council could designate the County Board of
Health to be the permit agent in this regard - however, I expect Council would
not look with favor upon giving up this permit authority and this is the basis
for the recommendation. This will require that the County get a permit from
the City prior to operation of their proposed transfer station. A permit fee
of up to $500 is authorized by the Act which can be authorized by Council
action at some future time if desired. The Act requires designation of the
State Board of Health as the enforcement agency for Class I (toxic & explosive)
waste.
The Act also provides for the designation of a Hearing Panel to hear appeals
to the administrative decisions. The Council may serve in this capacity if
so designated. I recommend that the latter alternative be used since Council
as a routine hears such appeals to any staff actions and I do not foresee any
circumstances where Council will be required to perform this function.
ed is a r posed
R RV. G R
Director of Utilities &
Attachment
RWG:pag
Resolution for Council approval.
Maintenance
77-181
064
COUNTY OF SAN
', �• Ar
IN"CER-DEPARTMENTAL CORRESPONDENCE•
1:4JUM1977
TO: Board of Supervisors (A45)
FROM: Department of Public Health (A2I )
Department of Sanitation and Flood Control (0380)
SUBJECT: Designation of Erforcement Agency - Assembly Bill 2439
Z'berg-Kapiloff Solid Waste Control Act of 1976
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Under existing law, solid waste management and planning is conducted
primarily by local government and is required to ccnform with comp_Tahen-
i sive, coordinated county solid waste management plans which are'consis-
tent with stateoarpolicy developed and maintained by the State Solid ;caste
1 Management Bd. The recently enacted Z'berg-Kapiloff Solid Waste
Control Act of 1976 (AB 2439) establishes a program for the issuance of
solid waste facility and requires the
permits for the operation of a
designation of an enforcement agency to.carry-out the provisions of the
Act and to enforce State .mandated minimum standards for solid waste•
ng and disposal.
handliIn addition to the designation of an enforcement
that a hearing panel of five
agency the Act also requirespersons be
appointed by the local governing body. .
REC0MNIENDATION: That your Board
d resolution designating:
1. Approve the attache
} (a) The Department of'Public Health as the primary enforcement
agency within the unincorporated areas of the County for
both !,ealth and non -health related solid waste standards
other than storage and collection and for issuance of Solid
Waste Facility permits.
(b) The Department of Sanitation and Flood Control as the
enforcement agency within the unincorporated areas of the
County for ron-health related solid waste storage and collec-
tion standards.
(c) The State Dpp^
artment of Health as the enforcement agency fors
Class I solid waste facilities.
(232T
MAIN-MN,
1 Q7?
ANCE
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Board of Superviso
Page 2
2. Approve in congept the appointment of an independent hearing panel
as provided under the Act.
_tN_ 3. Encourage other San Diego County area cities to designate a local
enforcement agency within their respective jurisdictions as required
under the Act.
Discussion:
The California Government Code, Chapter 1309 required that "On or before
July 1, 1977, there shall be designated within each County an enforcement
agency to carry out the provisions of this chap•t�,,r. If an agency is not
designated by July, 1977, the (State Solid Waste Management) board, in
addition to its other powers, shall be the enforcement agency within the
county failing to make the designation." In addition, the Government Code
provides that the enforcement agency, within its jurisdiction, shall
enforce all provisions of the aforementioned chapter and the regulations
thereunder and of the minimum standards for solid waste handling and dis-
posal as set forth in Title 14, Division 7 of the California Administrative
Code.
The minimum standards mentioned above contain both health and non -health
related standards. The,California Administrative Code, Title 14,
Division 7, Section 17207 states that "It is the intent of the (State
Solid Waste Management) Board and the (State) Department (of Public,
Health) that the local health entity is the enforcement agency for'•health
standards." The designation of the enforcement agency may be made by
any of the following procedures:
1. The board of supervisors of the county may designate the
enforcement agency subject to the approval by a majority
of the cities within the county which contain a majority
of the population of the incorporated area of the county;
or
2. The county and cities within the county may form a joint
exercise of powers agreement pursuant to Section 6500 of the
Government Code for the purpose of establishing an enforce-
ment agency; or
3. The county and each city within the county may designate an`
enforcement -agency to carry out the provisions of this
chapter, In the case of I.city and county, the city and
county shall designate the enforcement agency,
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Board of Supervis
Page
On 31 March 1977 a. -letter was sent to all cities, within the County inviting
them to attend a meeting for the purpose of discussing the solid haste
management: enforcement program. The meeting was held on 11 April 1977 with
representatives from five cities in attendance. Four of the cities repre-
sented (Oceanside, Carlsbad, Escondido and La Mesa) indicated a preference
to designate the Department of Public Health as the primary enforcement
ageftcy with the cities retaining to themselves the enforcement function
for non -health related standards for solid waste storage and collection.
The City of San Diego representative indicated a preference that the
State,Solid Waste ,`•fanagement Board be the City's enforcement agency.
In view of the City of San Diego's indicated preference for the State
Solid Waste Management Board to be the City's enforcement agency, methods
1 and 2 above are not feasible. Therefore, it is our recommendation that
the County and each city make individual designations of an enforcement
agency or agencies. We further recommend that the Department of Public
Health be designated as the enforcement agency for the unincorporated.
areas of the County for all health related standards, for non;health
related standards pertaining to transfer/processing stations and disposal
sites, and for issuance of solid waste facility permits. It is
recommended that the Department of Sanitation and Flood Control be desig-
nated as the enforcement -agency for non -health standards relating to
Solid waste collection and storage.
In addition to the designation of an enforcement agency, the Government ,
Code also requires that a hearing panel of five persons be appointed by
the local governing body. Such hearing panel may be appointed under
either of the following methods:
1. The local governing body may appoint itself as the hearing
panel; or
2. An independent hearing panel may be appointed,
-Where the independent hearing panel is appointed, no more than one member
of the governing body shall serve on the hearing panel. Members of the
panel shall be selected for their legal, administrative or technical
abilities in areas relating to solid waste management. At least one mem-
ber of the panel shall be a technical expert with knowledge of solid
waste management methods and technology and at least one member shall be
a representative of the public at large.
Board of Supervi
Page 4
The appointment or•theAiiearing panel is to take place not more than 45
days following the apprcmval of the designation of the enforcement'"agency
or agencies by the Statee:Solid {Waste Management Board. It is recommended
that your Board appromiin concept the appointment of an independent
hearing panel in mccordiance with the Government Code Section 66797.58 as
described above. 'Follcmiing approval of the designation of the County's
enforcement agencies, -:will submit for your Board's approval a
recommended stxuctuxe x"aax the independent hearing panel.
.John R. Philp. IMI:D.. ¢ Houson
Director of Nblic Heal"tfih 1?' ector of Sanitation F
Flood Control
FISCAL IMPACT ff- ATENIENTp: :See Attachment
ADVISORY BOARD STiTENjENffS: 'See'Attachment
: Attachments: • Board Rescolution
FAT: Inppact Statement
AdwsorxyMoard Statements
1nID/jba
cc: CAO (tW/attaahm~retG�) :•A6
Asst. CAO=CSA (111/attachments) A249
Asst. CAO-HM QkMattachments) A249
Office of Rra-".mment, &. Budget (III/attachments) A249
Se
Community w ' i:cas Agency Advisory Board (;W/attachments) A249
Health Carr, ;,:ny'Advisory Board (ill/attachments) A22
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RESOLUTION NO. 5219
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA
DESIGNATING SOLID WASTE ENFORCEMENT AGENCIES
WHEREAS, the City of Carlsbad is required by'Section 66796
of the Government Code to designate enforcement agencies to carry out
the provisions of the Z'berg-Kapiloff Solid Waste Control Act of 1976
and;
WHEREAS, the City has been enforcing it's Solid Waste Program
essentially in the manner prescribed by the Z'berg-Kapiloff Solid Waste
Control Act of 1976 and the Act requires memorialization of these pro-
cedures by Resolution and;
WHEREAS,,the County Department of Public Health acts for.the
City in health related matters under existing agreements and possesses
the required capabilities in environmental health and solid waste
management to implement the Z'berg-Kapiloff Solid Waste Control Act
.of 1976.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows:
I. That the San Diego County Health Department is hereby
designated as the enforcement agency for the City of
Carlsbad for the enforcement of health related sections
of the Code pursuant to subsection (a)(3) of Section
66796 of the Government Code.
2. The Department of Utilities & Maintenance (Sanitation
Inspector) of the City of Carlsbad is hereby designated
as the enforcement agency for the City of Carlsbad for
the enforcement of non -health related sections of the
Cod( pursuant to subsection (a)(3) of Section 66796 of
the Government Code.
3. The State Department of Health is designated as the
enforcement agency for Class I waste facilities.
4. The Public Works Administrator of the'City of Carlsbad
is designated as'the permit issuing agent for solid
waste facilities and activities pursuant to Article 2
of Section 66796 of the Government Code.
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1 5. The City Council of the City of Carlsbad is hereby
2 designated as the Hearing Panel for The City of
Carlsbad pursuant to subsection (1) of Section 66796.58
3 of the Government Code.
4 PASSED AND ADOPTED by the City Council of the City of Carlsbad, California
5 this _ 4th day of ortob r 1977 by the following vote, to wit:
AYES:' Councilmen Frazee, Lewis, Packard, Skotnicki and
6 Councilwoman Casler
7 NOES: Nome
8 ABSENT:' None
9 ROBERT C. FRAZEE, Mayor
10 ATTEST:
R AR •.E:
/t ADAMS, Cit Cler
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