HomeMy WebLinkAbout1990-12-18; City Council; 10964; AB 939: THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989AB# /!I q6 -#
MTG. 12/18/90
DEPT. U&M
TITLE: AB 939: DEPT. t
TEE CALIFORNIA INTEGRATED CITY A1
OF 1989 CITY MI WASTE MANAGEMENT ACT
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RECOMMENDED ACTION:
Adopt Resolution No. @-#2x
1. Authorizing the development of the City of Carlsbad Source Reduction and Recycling Element.
2. Authorizing the City to enter into an agreement for
Consultant services to assist in the preparation of the Source Reduction and Recycling Element.
Authorizing the development of a Solid Waste Enterprise
current fiscal year.
4. Authorizing a loan not to exceed $70,000 from the General Fund Unreserved Fund Balance account to the Solid Waste Enterprise Fund.
Authorizing the Mayor to execute an agreement to accept
funds from the County equal -to $.50 per capita to
promote and partially fund uniform planning for integrated solid waste management.
3 Fund and Solid Waste Management Program during the
5.
ITEM EXPLANATION:
On January 1, 1990 State Assembly Bill 939 (AB 939), the
California Integrated Waste Management Act of 1989 (ACT),
became effective. Prior to the enactment of AB 939, County
solid Waste management. AB 939 changes the foundation of solid waste management by placing responsibility for the planning and implementation of solid waste activities on both city and county governments. Additionally, each jurisdiction must meet minimum solid waste diversion goals of 25% and 50%
by the years 1995 and 2000, respectively. To accomplish these mandates, cities and counties must establish a hierarchy of waste management practices in their communities, through source reduction, recycling and composting, and environmentally safe landfill disposal and transformation of solid waste.
The diversion levels which have been mandated by the State
require a new approach to solid waste management, an
integrated approach. Mandated diversion levels cannot be achieved without a clear set of priorities and long range goals. An integrated approach to solid waste management
comprehensive plans to accomplish the diversion goals.
Solid Waste Management Plans provided the guidelines for
provides the forum for establishing coordinated and
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AB 939 mandates the development of a Countywide Integrated Wastc
Management Plan. As part of the Plan, each city and county in th
State is required to develop a Source Reduction and Recycling (SRR Element. The SRR Element sets forth the combination of programs tl divert the maximum amount of waste feasible from landfilling. Thl
SRR Element must include an implementation schedule which shows ho1
the each jurisdiction will divert 25% of all solid waste fro]
landfill or transformation facilities by January 1, 1995, througl source reduction, recycling, and composting activities. One of thc
AB 939 legislative clean-up bills which was recently adopted, alsc
requires the development of a Household Hazardous Waste Element.
Attachments A details the provisions of AB 939. Attachment 1
details the components of the SRR Element. Staff previousl: presented a summary of the AB 939 requirements to the City Council This summary outlined the requirements which the City is mandatec to meet. The attachments further explain the components of AB 93! and the requirements for meeting the State mandated sourct
reduction goals.
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The SRR Element components are as follows:
1. Waste Characterization
3. Recycling
4. Composting
5. Special Waste
6. Education and Public Information
7. Funding
8. Solid Waste Facility Capacity
9. Household Hazardous Waste
2, Source Reduction
The SRR Element process involves two primary phases: developmeni
and implementation. The first phase is the development of the plai for accomplishing the diversion goals. The City's adopted SRI The Element is to be submitted to the County by July 1, 1991.
California Integrated Waste Management Board (CIWMB) may impose
administrative civil penalties of up to $10,000 per day to citie:
and counties for failure to comply with the planning an( implementation mandates.
Forty-five (45) days prior to the City's adoption of the SRI Element, a preliminary draft SRR Element is to be circulated tc adjacent cities, the County, the Local Task Force and the CIWMB foi review. The reviewing jurisdictions have thirty (30) days tc respond to the draft SRR Element. This process ensures that al: effected cities, the CIWMB and the general public are given a1 opportunity to provide input on the planning issues, objectives an( policies which are incorporated into the SRR Element prior to loca: adoption. Concerns raised by the reviewing jurisdictions must bc addressed by the submitting agency prior to adoption of it's SRI
Element. Additionally, informative meetings and public hearings are required to be held, by statute, in order for the public to be
given an opportunity to become involved in the preparation anc adoption of the SRR Element.
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The second phase is the implementation of the plan. The
combination of programs (composting, source reduction and
recycling), by which jurisdictions will accomplish the diversion goals will be implemented during this phase. As most cities in the
County have done, the City of Carlsbad has already proceeded
forward with the implementation of one type of waste diversion
program, the curbside recycling program. Given that the SRR Element is only a plan, an environmental impact is not required. However, implementation of the SRR Element may result in environmental impacts. Therefore, the City's SRR Element require
compliance with the California Environmental Quality Act (CEQA)
prior to local approval.
Cooperation between cities and counties is provided for in the ACT.
Toward this effort the County Integrated Waste Management Task Force (Task Force) which consists of representatives of the County of San Diego and each of the eighteen cities have convened in accordance with requirements of the Act to provide for such cooperation. Council member Mamaux represented the City on the Task Force. The Utilities and Maintenance Director is the City's
representative on the Technical Advisory Committee (TAC).
Based on a series of meeting, the following recommendations were formulated by the TAC and subsequently approved by the Task Force:
1. Consultant Services: Given that the plans and implementation
strategies for the SRR Element components would be identical
or similar for all of the jurisdictions involved, efficiency
the County has prepared and distributed a Request for Proposals (RFP) to obtain the services of a 'Master Consultant' for the cities and County to use jointly for the development of the specific Source Reduction and Recycling
(SRR) Elements at their discretion. The cities would have the
option of utilizing the services of the consultant for any or
all of the AB 939 components. The RFP has been distributed to vendors and the deadline for submittal of proposals is
December 13, 1990. A subcommittee of the TAC representing
nine jurisdictions in the County will review the RFP
submittals and make a recommendation for selection of the
consultant. It is anticipated that a recommendation will be
submitted to the Task Force in January.
would be maximized by pursuing these efforts jointly. Thus
2. Waste Characterization: Given that the County operates the
region's landfills it is appropriate for the County to assume the lead for the Waste Characterization component. Thus, the
be made available to all cities in the County. County will fund and conduct the study. The study will then
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3. Source Reduction: The County will assume the lead for thc Source Reduction component. Source reduction activities limil
the production of excess materials so that they do not entei
the waste stream. This could include, for example, packagin! bans, disposal surcharges, or mandatory reductions in materia:
quantities. Estimated time for completion is three months.
Local education program, workshops and/or model ordinanceE
could supplement possible state programs. To promote cooperation and regional consistency, the County could worl
with the cities on the development of these activities.
Jointly planned source reduction activity could also include
programs designed to target individual industries on a county-
wide basis.
4. Recyclinq: The Recycling components must be developec individually by each city and the county for thc unincorporated areas. Each jurisdiction will be required tc
report on their individual recycling programs. Preliminary
discussions with the California Integrated Waste Management
Board staff indicates that jurisdiction-specific program data
will be required. In addition, the County could provide per capita recycling estimates which could supplement the city- provided data on local city-run programs. The County's data will be based on on-going recycling marketing studies with numbers generated on a per capita basis for each jurisdiction. Estimated time for completion is six months.
5. Compostinq: The County will assume the lead for the Composting component; cities may supplement. Since the County
operates the region's landfills, it is the appropriate agency to coordinate composting efforts. Composting is best effected
by regional or subregional cooperation. The TAC felt that active and inactive landfill sites might be appropriately used for composting activities. One early consideration will be a determination as to the type of composting which is appropriate for San Diego County (yard wastes and brush versus other source separated organic mixed wastes). The estimated time for completion of this component is contingent upon
responses to the County's alternative technologies RFP.
6. SDecial Waste: The Special Waste component will be jointly
addressed by the cities and County. Special waste as defined
by the California Integrated Waste Management Board's (CIWMB) Emergency Regulations, are best handled at the regional level.
Some of this material may be handled in the County's existing
hazardous wastes plan. More specific assessment of this
component will require discussion with CIWMB.
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7. Solid Waste Facility: The County will assume the lead for the Facility Capacity component; however, each city will be required to supplement the County component for those facilities which service the jurisdiction individually. The
County is in the process of completing the environmental work
for new landfill sites and transfer stations. Accordingly, the subcommittee felt that much of this information could be
used for the Facility Capacity component. Estimated time
required for completion is three months.
8. Education and Public Information: The Education and Public Information component will be jointly addressed by the cities and County. The County would coordinate this component to
promote regional consistency and to ease access to county-wide media. County prepared model programs (flyers, curricula, public service spots, etc.) and plans could be implemented by each city or county-wide. Estimated time required for
completion is three months.
9. Fundinq: The Funding component will be addressed jointly by
the cities and County. The County Solid Waste Enterprise fund could support some of the Source Reduction and Recycling Element components. For those components which are jointly undertaken, the County SRR Element should contain the appropriate financial plan. Those activities which are
locally enacted should be addressed in the cities' individual SRR's. This component refers to the funding requirements for the enactment of the other components and the efforts required
to meet the diversion goals; it does not refer to the funds
required to prepare the Source Reduction and Recycling Element
itself. Estimated time required for completion is six months.
10. Household Hazardous Waste: One of the AB 939 legislative
clean-up bills has altered the Household Hazardous Waste
component by making it a separate Element, similar to the SRR Element. Given that the County Department of Health Services currently handles household hazardous waste, this Element will be developed in conjunction with the County's efforts.
The direction currently being pursued by the cities and the County lays the foundation for preparation of the City's SRR Element.
Related issues as they pertain to the City of Carlsbad are
addressed in the following discussion.
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Prosram Development:
At this juncture, it would be appropriate to develop a Solid Waste Manayement Program, which would be the division within which all solid waste related activities would be administered. The
comprehensive and integrated approach to managing solid waste which
is required by AB 939 would be most effectively coordinated under
this umbrella. To further maximize the efficiency of operation, existing solid waste related programs, such as litter control,
city-wide clean-ups and street sweeping should also be included in
the program activities.
Consultant Services:
As specified in Number 1 of the TAC recommendations (Page 3), the services of a 'Master Consultant' would be obtained by the County as lead agency. The City of Carlsbad, would, as would all cities within the County, have the option of utilizing the services of the
consultant for all or part of the preparation and implementation of the City's Source Reduction and Recycling Element. The cost
estimate for consultant services for the city of Carlsbad are estimated to be $50,000 to $75,000.
Additionally, when the City Council discussed the most recent
refuse collection rate increase on August 7, 1990, staff indicated that a consultant would be utilized to develop a refuse collection
rate review process acceptable to the City and Coast Waste
Management. The City could have the option of using the 'Master Consultant' to accomplish this task as well. Staff believes that this task can be accomplished within the cost estimated above.
Staff inq:
The proposed Solid Waste Management Program centralizes new and
existing decentralized functions. The new functions include the preparation, administration and implementation of the City's Source
public lnfOrmatlOn, etC.) . Additionally, AB 939 requires reviea and update of each jurisdiction's solid waste plan every five years. Other solid waste related activities such as Lead
Enforcement Agency, citywide cleanup event, litter abatement and street sweeping would also be administered through the Solid Wastc Management Program.
Reduction and Recycling Element, (lee. , recycling, composting,
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Existing staff in conjunction with consultant services will be utilized during the initial planning phase of the program. Continued administration and implementation of the City's SRR
Element could potentially require the addition of staff, as well as consultant support on an as needed basis. Upon completion of the City's SRR Element, staff will return to the City Council for review and approval of the Element and staffing considerations.
Fundinq
AB 939 requires jurisdictions to demonstrate a funding source, or
sources to pay for preparing, adopting and implementing the element
or plan. A key provision of AB 939 is that it enables
jurisdictions to impose fees to pay these costs. Jurisdictions may directly collect the fees or may arrange for the fees to be collected by the jurisdiction's solid waste hauler. Therefore, the direction to pursue at this time is toward the establishment of City Council policy pertaining to the levying fees for solid waste
programs and services.
The financing provision in AB 939 recognizes the fiscal impact that this state mandate will have on jurisdictions. Therefore, it is appropriate to give consideration to an 'AB 939 Financing Fee'. Incorporating this direction, the possible options for funding solid waste activities are outlined below:
1. New and existing solid waste activities are funded through
fees which are levied to all refuse collection customers.
New solid waste activities are funded through a combination of
and landfill tipping subventions. Existing solid waste
activities (i.e. litter control, street sweeping) may continue to be funded entirely or partially by the General Fund.
3. New and existing solid waste activities are funded entirely
At this time the most apparently viable option is Option 2. This option is in accordance with the AB 939 financing provision and
would reduce the impact of this state mandate on the General Fund. Thus, staff seeks to pursue this option.
Staff further seeks to establish a Solid Waste Enterprise Fund. This fund would be utilized to account for the total costs of solid
waste programs and services. The Fund's revenue sources may
include the AB 939 financing fee, refuse contractor
service/franchise fees, grants, landfill tipping fee subventions,
2. new fees, refuse contractor service/franchise fees, yrants,
through the General Fund.
and General Fund transfers.
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The Solid Waste Enterprise Fund is proposed to be established
during the current fiscal year and funded through a 'loan' from the
General Fund Unreserved Fund Balance. Repayment of the loan to the
General Fund is proposed through the implementation of the AB 939 financing fee. Upon completion of the SRR Element, staff will
financial plan which will include consideration of revenues and
expenditures.
A revenue source for the Enterprise Fund in the current fiscal year is a landfill tipping fee subvention from the County. Since a
portion of the County landfill tipping fee is used for solid waste planning, the County is proposing to subvent a portion of the tipping fee revenues to cities to assist in the planning and implementation of AB 939. The funding formula which has been approved by the AB 939 Task Force and the County Board of Supervisors, calls for $.50 per capita with a $20,000 minimum.
Based on the funding formula, the City of Carlsbad would receive approximately $32,000. The Funding Agreement for this subvention is attached for review and authorization to execute by the Mayor.
return to the City Council with a Solid Waste Management Program
SUMMAaU!
AB 939 mandates a new approach to solid waste management. This change requires consideration of the many aspects related to this issue. Staff has addressed some of the key considerations herein. Additional recommendations will be presented to the City Council upon completion of the Source Reduction and Recycling Element.
FISCAL IMPACT:
The required AB 939 funding for the current fiscal year is estimated to be $101,000. However, the current fiscal year program
costs would be offset by the County's per capita funding to the
City of approximately $32,000. The remainder of the funding would be secured via a loan in an amount not to exceed $70,000 from the General Fund Unreserved Fund Balance to the Solid Waste Enterprise
Fund.
The long term funding plan for the Solid Waste Management Program
recommended by staff requires the establishment of a user fee which
will be added to current monthly refuse collection rates. These
fees will be collected into the new Solid Waste Enterprise Fund to
support all costs related to the AB 939 Program. (An enterprise
fund is one that is primarily supported by user fees and charges
for services.) As indicated above, the initial funding for the Program will be provided by the General Fund and County funds, however this is not a viable approach to fund on-going operations.
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Revenue provided by feesmust reach approximately $300,000 by 1992-
proceeds with the Solid Waste Management Program, staff will return
with future actions to establish the necessary rates and charges.
EXHIBITS :
1. Resolution No.
2. Attachment A
3. Attachment B
4. Funding Agreement
92 for the Program to be financially stable. If City Council
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RESOLUTION NO. 90-455 1
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A RESOLUTION OF THE CITY COUNCIL
PERTAINING TO THE CITY OF CARLSBAD
SOURCE REDUCTION AND RECYCLING ELEMENT
OF '!HE CITY OF CARLSBBD, CALIFORNIA,
WHEREAS, the California State Legislation through AB
939, the California Integrated Waste Management Act of
1989, has mandated local governments to implement
recycling measures and to meet refuse source reduction
goals of 25% by 1995 and 50% by 2000; and
WHEREAS, the development of a Solid Waste Management
Program facilitates the preparation and implementation of
the City's Source Reduction and Recycling Element.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Carlsbad as follows:
1. The above recitations are true and correct.
2. Staff is authorized to:
a. Develop the City of Carlsbad Source
Reduction and Recycling Element.
b. Enter into an agreement for Consultant
services to assist in the preparation of
the Source Reduction and Recycling
Element.
c. Develop Solid Waste Enterprise Fund and
Solid Waste Management Program in Fiscal
Year 1990-91.
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d. Execute a loan not to exceed $70,000 for
the General Fund Unreserved Fund Balance
account to the Solid Waste Enterprise
Fund.
e. Execute an Agreement with the County of
San Diego to accept funds equal to $.50
per capita to promote and partially fund
uniform planning for integrated Solid
Waste Management.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council held on the 8th day of January
199 by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: NOne
ABSENT: None
ATTEST:
Lz.&z& 4 Rd- ALETHA L. RAUTENKRANZ, City Cl*k
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ATTACHMENT A
AB 939 PROVISIONS
INTRODUCTION
On February 6, 1990, the City Council reviewed a summary of the AB
939, the California Integrated Waste Management Act of 1989 (AB
939). The measure, which was passed during the last days of the
State legislative session, enacts a comprehensive reorganization of the State I s solid waste management planning process, changing the focus from solid waste management to integrated waste management.
The most significant element in this reorganization is increased City involvement in the management of solid waste.
Prior to the adoption of AB 939, the County Solid Waste Management
Plan (COSWMP) and the County-wide Hazardous Waste Management Plan
(HWMP) , guided solid waste management policies and programs. In addition, the State of California Waste Management Board (CWMB) served as the regulatory authority. As a result of AB 939, a new
six-member full-time California Integrated Waste Management Board
(CIWMB) replaces the part-time CWMB and assumes regulatory authority.
The development and adoption of AB 939 is in response to the growing solid waste management crisis brought about by diminishing landfill space. Also contributing to this situation is the
approximately 4 million tons or 1 1/2 tons per person of solid waste is generated.
AB 939 establishes a comprehensive state policy for integrated waste management which emphasizes source reduction and recycling
measures. Each city in the county, and the county for unincorporated areas, must prepare, adopt, and implement a Source Reduction and Recycling (SRR) Element, which identifies how the jurisdiction will divert through source reduction, recycling, and
composting 25% of solid waste from landfill by 1995 and 50% by the
year 2000. These Source Reduction and Recycling Elements become
part of the Countywide Integrated Waste Management Plan (COIWMP).
The City SRR Element is due to the County by July 1, The
CIWMB may impose administrative civil penalties on cities or
counties of up to $10,000 per day for failure to develop an
adequate SRR Element.
OVERVIEW
increase in the amount of solid waste generated. Each year
1991.
There are four major parts to AB 939. The first part reorganizes
the California Waste Management Board. The second part reorganizes
the current COSWMP to a process designed to develop a Countywide
Integrated Waste Management Plan, including city and county
recycling plans. The third part strengthens the Local Enforcement
Agency structure. The fourth makes minor changes to, and consolidates existing law with other solid waste codes in the
Public Resources Code. Parts one through three of AB 939 are
presented below.
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Page 2 of ATTACHMENT A
I. WASTE BOARD REORGANIZATION
AB 939 reorganizes the current California Waste Management Board from a 9 member, part-time Board, to a 6 member, full- time Board, called the California Integrated Waste Management Board.
A. One member who has private sector experience in the solid waste industry.
B. One member who has served as an elected or appointed
official for a non-profit environmental protection organization whose principal purpose is to promote recycling and air/water quality;
The Board consists of the following:
c. Four members, with no specified expertise or experience, who represent the public.
11. COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLANS. CITY AND COUNTY SOURCE REDUCTION AND RECYCLING ELEMENTS.
One of the major impacts of AB 939 is the changes it makes in solid waste management planning at the city and county level.
While it repeals County Solid Waste Management Plans (COSWMPs)
and instead requires preparation of a Countywide Integrated
Waste Management Plan (COIWMP), many of the existing features
and procedures of the traditional COSWMP remain intact. Key provisions are summarized below.
A. Local Planning Committees
On or before March 1, 1990, and every five years
thereafter, each county shall convene a countywide Task
Force to assist in the development of a Countywi.de Integrated Waste Management Plan, individual city and county Source Reduction and Recycling Elements and the Countywide Siting Element. The goal of the Task Force is
to ensure a coordinated and cost-effective integrated waste management program. The Task Force is charged with the following tasks:
1. Identify solid waste management issues of countyWi.de or regional concern.
2. Determine the need for countywide solid waste collection systems, processing facilities and
marketing strategies that can serve more than one
local jurisdiction.
Facilitate the development of multi-jurisdictional
materials.
3. arrangements for the marketing of recycling
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Page 3 of ATTACHMENT A
4. To the extent possible, facilitate resolution of conflicts and inconsistencies among or between city Source Reduction and Recycling Elements.
Guides the development of the Siting Element of the
Countywide Integrated Waste Management Plan.
5.
B. Countywide Integrated Waste Manayement Plan
Each county shall prepare and submit to the California Integrated Waste Management Board a Countywide Integrated
Waste Management Plan, which consists of the following:
1. All the city Source Reduction and Recycling Elements.
The county's Source Reduction and Recycling Element prepared for the unincorporated areas of the county.
2.
3. The Countywide Siting Element.
The plan shall also include a statement of the goals and objectives set forth by the Task Force.
The Countywide Integrated Waste Management Plan and any
amendments to it, except for the individual city and
county Source Reduction and Recycling Elements, shall be
approved by the county and by a majority of the cities
within the county which contain a majority of the
population of the incorporated areas in the county. If
a city fails to act upon the Plan or the proposed amendments within 90 days after receiving the Plan or the amendment, the city or county shall be deemed to have approved the Plan or the amendment as submitted.
Each Countywide Integrated Waste Management Plan and the
Elements of it shall be revised, and, if necessary,
submitted to the Board every 5 years.
The Countywj.de Integrated Waste Management Plans are to be submitted by counties to the Board for review and approval based upon the following schedule:
Date Due # Years Capacity Remaininq January 1, 1992 less than 5 years January 1, 1993 5 to 8 years January 1, 1994 more than 8 years
The deadline for submittal by the County of San Diego is
January 1, 1994.
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Page 4 of ATTACHMENT A
C. City Source Reduction and Recycling Elements
On or before July 1, 1991, each city shall prepare, adopt, and submit to the county in which the city is
located a Source Reduction and Recycling Element. The
SRR Element should be designed to place primary emphasis
on implementing all feasible source reduction, recycling,
and composting programs while identifying the amount of
landfill and transformation (incineration) capacity that
will be needed for solid waste which cannot be recycled,
throughout AB 939; it refers to facilities which undertake incineration, pyrolysis, distillation, gasification, or biological conversion other than
composting. The local jurisdiction has the sole determination of how to dispose of wastes than cannot be
recycled, reduced or composted -- that is, it will be a
local decision whether landfill or incineration will be
the disposal methodology that will be used.
Each city and county Source Reduction and Recycling Element shall include all of the following components for
wastes generated within the jurisdiction. Local jurisdictions shall determine what mix of source
reduction, recycling and composting activities it will
choose to achieve the waste diversion goals required by
the bill. These components are detailed in Attachment B:
1. Waste Characterization
2. Source Reduction
3. Recycling
4. Composting
5. Special Waste
6. Education and Public Information
7. Funding
8. Solid Waste Facility Capacity
9. Household Hazardous Waste
The Source Reduction and Recycling Elements shall include an implementation schedule that, for the initial element,
will show how the city will divert 25% of all solid waste
from landfill or transformation facilities by January 1,
1995 through source reduction, recycling, and composting
activities.
Following the Board's approval of a Source Reduction and Recycling Element, the city shall submit an annual report to the Board summarizing progress and implementation of the element. In addition, each city or county shall review its Source Reduction and Recycling Element at least once every 5 years to correct any deficiency and
shall submit this revised element to the Board for review
or approval.
reduced or composted. The term Vransformationn is used
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Page 5 of ATTACHMENT A
D. Countywide Siting Elements
The Countywide Siting Element is very similar to the
traditional COSWMP. Each county shall prepare a Countywide Siting Element which includes a description of
the areas to be used for development of adequate
development and implementation of the county and city Source Reduction Recycling Elements. The disposal capacity requirements in each Countywide Siting Element is generally based upon the facility components of the individual city and county Source Reduction and Recycling
Elements. These facility capacity components provide a
projection of the amount of solid waste capacity which will be needed to accommodate the solid waste generated within the city or the county for a 15 year period, taking into consideration the total amount of solid waste
generated, minus the amount of solid waste that is
expected to be reduced, recycled, composted or
transformed.
The Countywide Siting Element and any amendments to it,
must be approved by the county and by a majority of the cities within the county which contain a majority of the population of the incorporated area in the county. This approval process is identical to that of the traditional
COSWMP.
The Countywide Siting Element shall include a resolution
from each affected city or county stating that any areas identified for location of new or expanded solid waste transformation or disposal facilities is consistent with the applicable local agency general plan.
transformation or disposal capacity consistent with the
111. LOCAL ENFORCEMENT AGENCIES
AB 939 strengthens the Local Enforcement Agency (LEA) process by enhancing performance standards and certification criteria. On or before August 1, 1991, the Board shall prepare and adopt
new certification regulations for Local Enforcement Agencies.
These regulations shall specify the requirements that a local
regulations shall include, but are not limited to, all of the following: technical expertise, adequacy of staff resources,
adequacy of budget resources, training requirements, and the
existence of at least one permitted solid waste facility
within the jurisdiction of the local agency.
agency must meet before being designated as an LEA. The
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These regulations shall specify four separate types of certifications for which an enforcement agency may be
designated, as described below:
A. Permitting, inspection, and enforcement of regulations at solid waste landfills;
B. Permitting, inspection, and enforcement of solid waste
incinerators;
C. Permitting, inspection, and enforcement of transfer and processing stations;
Inspection and enforcement of litter, odor, and nuisance
regulations at solid waste landfills.
After August 1, 1992, no enforcement agency shall be
designated unless the Board determines that the agency fully
complies with one of the more certification types specified above. No existing enforcement agency shall, after August 1,
1992, exercise its powers as an enforcement agency unless the agency has been certified by the Board.
The designation of an enforcement agency may be made by three
procedures.
D.
A. The board of supervisors of a county may designate the enforcement agency subject to the approval of the
majority of the cities with the majority of the
population in the incorporated areas.
The county and the cities within the county may enter
into a JPA to establish an enforcement agency.
C. A city council may designate an enforcement agency.
If an LEA is not designated and certified within a county, the state Board shall be the enforcement agency within the county.
No local government department or agency, which is the operating unit for a solid waste handling or disposal operation shall be the enforcement agency for the types of solid waste handling or disposal operation it conducts.
B.
SUMMARY
The enactment of AB 939, along with a number of other bills
designed to stimulate the development of markets for recycling
materials, culminates several years of legislative activity in the solid waste field. The results of this activity are currently
under review and are being fine tuned. Staff will continue to
monitor progress and remain apprised of the City's requirements.
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ATTACHMENT B
SOURCE REDUCTION AND RECYCLING ELEMENT COMPONENTS
WASTE CHARACTERIZATION COMPONENT
Objectives:
The Waste Characterization component will identify solid waste
generation by jurisdiction, by source, by waste category and by waste type. There are three elements in the Study: 1) Solid Waste Generation; 2) Solid Waste Disposal
Characterization; and 3) Solid Waste Divers ion Characterization. Data obtained from the Study will determine
the total quantity of solid waste generated within the
jurisdiction, as well as identifying the quantities and type of materials to be diverted from landfill deposit.
Requirements:
AB 1820 (Sher), one of several AB 939 clean-up bills, revises the requirements of this component by requiring information to be lIrepresentativett as opposed to Itstat ist ically representative". AB 1820 also clarifies what type of solid waste may be counted toward the 25% and 50% recycling goals. Specifically, AB 1820 specifies that the following types of
solid waste that are diverted from the landfill and which are
recycled, composted or reused, may be counted: inert solids
(i.e., concrete, asphalt), scrap metals, and white goods
(i.e., large appliances), and agricultural wastes. Recycled
sludge may not be counted until March 1, 1991, after which
date it may count towards the diversion goals if it normally
went to a landfill and is diverted form normal disposal and
put to a beneficial use. During the "sludge moratorium", the state will conduct a study on the regulatory structure
surrounding sludge and sludge recycling. AB 1820 also provides that compost material that is separated at a centralized facility, not just at the curb, may count towards the recycling goals.
Additionally, the regulations:
1. Permit the use of studies or data developed on a regional
basis and adapted to the conditions which exist in a county preparing its waste characterization component.
2. Permit the use of pre-existing data or studies, including
those data and studies prepared by local governments with
similar waste characteristics.
Require seasonal sampling and waste characterization only of those categories of waste necessary to achieve the established source reduction, recycling, and compos-ting requirements.
3.
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4. Change the date that counties must complete their Source
Reduction and Recycling (SRR) Element from January 1,
1991 to July 1, 1991 to coincide with the due date for
the City's SRR Element.
SOURCE REDUCTION AND RECYCLING ELEMENT
Objectives:
Each component must state the specific objectives to be
accomplished during the short-term and medium-term planning
periods. The component objectives must be based on the
results of the Solid Waste Generation Analysis and other local considerations which may be necessary to accomplish integrated
waste management.
Requirements;
The following format shall be used in the preparation of each of the following individual components of the Source Reduction and Recycling Element:
1. Source Reduction Component.
2. Recycling Component.
3. Composting Component.
4. Special Waste Component.
Each jurisdiction must also identify specific waste categories or waste types, as found in the Solid Waste Generation Study.
Priorities for waste diversion are based on analysis of the
solid waste generated, in terms of criteria which may include:
1. Volume of solid waste.
2. Weight of the solid waste.
3. Hazard of the solid waste.
4. Material, products or packages, contributing to the waste category or waste type, that are made of non-renewable resources.
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AS applicable, the components referenced herein shall include
a description of the existing diversion alternatives for each
component program in the City. The description shall include, but not be limited to, the following:
1. A brief description of each existing diversion alternative implemented in the City.
2. The quantity of waste diverted, listed by waste category and waste type where applicable, for each diversion alternative described by volume.
3. An identification and description of the existing
diversion alternatives within the City that will be
decreased in scope, phased out or closed during the
short-term and medium-term planning periods. This description must include a discussion of the effects of such closure on existing solid waste management activities within the City and its impact on the attainment of the solid waste diversion mandates.
Each component must include an evaluation of diversion
alternatives which have been considered for implementation for
the purpose of achieving the required objectives: Each alternative must be evaluated in terms of the following
criteria and any other local considerations:
1. Effectiveness in reducing either solid waste volume.
2. Hazard created by the alternative considered.
3. Ability to accommodate changing economic, technological
4. Consequences of the diversion alternative on the
characterized waste, such as shifting solid waste generation from one type of solid waste to another.
5. Whether it can be implemented in the short-term and
medium-term planning periods.
The consistency of each alternative with applicable local
policies, plans and ordinances.
7. An estimate of costs related to the implementation of each alternative being evaluated for the short-term and
medium-term planning periods.
The availability of markets for the diverted materials.
and social conditions.
6.
8.
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EDUCATION AND PUBLIC INFORMATION COMPONENT
Obi ectives :
The Education and Public Information component of AB 939
requires jurisdictions to increase public awareness of and
participation in Recycling, Source Reduction and Composting Programs. Under this component, the City has the responsibility to develop a public education and information plan to increase awareness of and participation in recycling
and source reduction. The objective is to meet the mandatory goals of AB 939 and reduce the waste stream by 25% by 1995 and
50% by the year 2000. The accomplishment of this will enable us to achieve the following solid waste goals: extend the life expectancy of the existing and future landfills; help contain the costs of solid waste management; and safeguard the
environment and natural resources by reusing those or
recycling many items which are currently discarded in the landfills.
Requirements:
This plan must be comprehensive and incorporate all types of media, such as newspapers, magazines, radio stations and public access television. Other outlets for this campaign include Homeowner's Association news letters, City
newsletters, posters, billboards, and local school district
awareness programs.
SOLID WASTE FACILITY CAPACITY COMPONENT
Objectives:
The Solid Waste Facility Capacity component shall include a
projection of the amount of disposal capacity which will be
needed to accommodate the solid waste generated within the
City for a 15-year period, reduced by:
1. Source reduction, recycling and cornposting or through
implementation of other waste diversion programs.
2. Any permitted processing, destruction, or transformation capacity which will be available during the 15-year
period .
3. All disposal or transformation capacity which has been
secured through an agreement with another city or county, or through an agreement with a solid waste enterprise.
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Page 5 of ATTACHMENT B
Requirements:
1. The Solid Waste Facility Capacity component shall identify and describe all existing permitted solid waste
landfills and transformation facilities within the jurisdiction. This description shall contain the
following:
a. Identification of the owner and operator of each
permitted solid waste disposal facility.
Quantity and waste types of solid waste disposed. b.
c. Permitted site acreage.
d. Permitted capacity.
e. Current disposal fees.
f. For solid waste landfills, remaining facility
The Solid Waste Facility Capacity component shall include a solid waste disposal facility needs projection which
estimates the additional disposal capacity, in cubic
yards per year. The component also needs to accommodate anticipated solid waste generation within the
jurisdiction for a 15-year period commencing in the year
1991.
3. The Solid Waste Capacity component shall include
discussions of:
a. Solid waste disposal facilities within the jurisdiction which will be phased out or closed during the short-term and medium-term planning
periods and the anticipated effects of such phase- outs or closures on the disposal capacity needs of
the jurisdiction.
b. Plans to establish new or expanded facilities for
the projected additional capacity of each new or
expanded facility.
capacity in cubic yards and years.
2.
the short-term and medium-term planning periods and
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FUNDING COMPONENT
Objectives :
To establish a funding plan for the preparation, adoption and implementation of the Source Reduction and Recycling Element.
Reuuirements:
The City funding component shall identify and specifically describe projected costs, revenues, and revenue sources to
implement all components of the City Source Reduction and Recycling Element.
HOUSEHOLD HAZARDOUS WASTE
Objectives:
To establish a plan for the proper handling and disposal of Household Hazardous Waste.
Requirements:
The City Household Hazardous Waste component shall include a
treatment, and disposal of hazardous waste generated by
residences within the jurisdiction of the plan.
proqram and implementation schedule for the collection,
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INTEGRATED WASTE MANAGEMENT PLANNING AND FUNDING AGREEMENT
BETWEEN THE CITY OF CARLSBAD
AND THE COUNTY OF SAN DIEGO
This Integrated Waste Management Planning and Func
Agreement (hereinafter referred to as llAgreement") is made bet1
the CITY OF CALRSBAD, a municipal corporation (hereinafter refei
to as Vityll) , and the COUNTY OF SAN DIEGO (hereinafter refei to as l'County11) .
PURPOSE OF AGREEMENT
The purpose of this Agreement is to promote and partially uniform planning for integrated waste management throughout
Diego County as required by the California Integrated W
Management Act of 1989 (referred to as the "Act1*) , as amended,
to increase cooperation between the City and County. The Agree also provides for the transfer of funds between the County and City for the purpose of supporting the efforts of a common Cou
wide consultant to assist in the preparation of the County Integrated Waste Management Plan, and other related plan
efforts.
RECITALS
A. The County and the eighteen (18) cities located in County are engaged in the development of a Countywide Integr Waste Management Plan (referred to as the l'Planll), as requirc
the Act.
B. The County, for the unincorporated area, and the Citl
required to prepare Source Reduction and Recycling and Houst Hazardous Waste Elements as part of the Plan. All c:
throughout the County are required to submit their Source Reduc
and Recycling and Household Hazardous Waste Elements to the Cc
of San Diego by July 1, 1991; or later if so required by amend]
to the Act.
c. The various Source Reduction and Recycling and Haus,
Hazardous Waste Elements and their components are required 1
integrated into a Countywide Integrated Waste Management Pla
D. Cooperation between cities and counties is provided f
the Act; and the County of San Diego Integrated Waste Manag Task Force consisting of representatives of the County and ea
the eighteen (18) cities has been convened in accordance wit requirements of the Act to provide for such cooperation.
E. Consistency of format and the use of a uniform approa
the cities and the County will enhance both the Plan's scop ease of preparation.
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F. The County operates, and funds through the Solid Wa
Enterprise Fund, the major disposal facilities used by the Cit
G. The County will engage the services a consultant consultants) to assist the County and the cities with preparation of Source Reduction and Recycling and Househ
Hazardous Waste Elements.
DEFINITIONS
A. San Dieqo County Inteqrated Waste Manaqement Task Forc
Representatives of the County's eighteen (18) cities the Board of Supervisors, as convened by the Board. Hereinaf
referred to as the "Task Force."
B. Source Reduction and Recvclina Element
The initial integrated waste management planning docur as defined by and required by the California Integrated w; Management Act of 1989, as amended, and related regula1 promulgated by the California Integrated Waste Management BOi
Referred to herein as the "SRR Element.11
C. Household Hazardous Waste Element
The sections of the Countywide Integrated W
Management Plan dealing with the management and disposal
household hazardous waste as defined by and required by California Integrated Waste Management Act of 1989 I as amended, related regulations promulgated by the California Integrated w Management Board.
NOW, THEREFORE, incorporating the recitals of facts
definitions above and in consideration of the mutual coven herein contained, the parties agree as follows:
1. city
a. City agrees to submit to the County the reg
Source Reduction and Recycling and Household Hazardous F
Elements (and/or Element components) in a format defined by
Task Force: said Elements/Components will be submitted accordance with the schedule established by the Act,
b. City agrees to reimburse county for services OJ
consultant(s) requested by City. City agrees to provide County with written approval of the work performed for the Cia
the consultant(s) in order to authorize County payment tc
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consultant (s) .
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c. Should the City's costs incurred in the develop: of the required Elements exceed those provided for in agreement, City agrees to fund that difference.
d. City agrees to provide the County with wri
notification that the funds were used for AB 939 planning purpo
2. County of San Diego
a. County agrees to partially fund, from the Solid W
Enterprise Fund, City efforts towards integrated waste manage
planning and SRR and Household Hazardous Waste Element prepara
as described in paragraph (b), of this section.
b. City will be funded at a rate of $0.50 (fifty ce
per capita with a minimum payment of $20,000 (twenty thou
dollars) based upon the population listed on Attachment A. agreement is for $31,726.
c. County agrees to provide drafts of the folloa
Waste Generation; Education and Public Information; Disr
Facility Capacity; and Funding SRR Element components;
Household Hazardous Waste Element. County provided drafts wil:
include activities or programs which serve only a single c
those remain the responsibility of the City.
d. County agrees to contract for one or more consult
to assist the City in the preparation of the other components mentioned in paragraph Icl, above) and to assist, if so reque:
in the modification of those components mentioned in paragrapl to meet the specific requirements of the City. Several citiei
selected by the AB 939 Technical Advisory Committee, will work the County to select the consultant (s) through their participi
on a Selection Committee.
e. County agrees to waive any administrative
associated with the funds transfer.
3. Successors in Interest
This agreement and all rights and obligations cont
herein shall be in effect whether or not any or all parties to agreement have been succeeded by another entity, and all right
obligations of the parties signatory to this agreement sha: vested and binding on their successors in interest.
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If any term, provision or condition of this Agree] shall be found to be invalid or unenforceable, the remaining te:
and effect.
provisions and conditions shall, nevertheless, remain in full €1
5. Entire Agreement
This Agreement contains the entire understanding of parties. NO term or provision hereof may be changed, wai discharged or terminated unless the same be in writing, signed executed by the parties to the Agreement.
6. Effective Date
This Agreement shall become effective immediately
its execution by all parties; it shall remain in effect until
City has submitted all of the required Source Reduction
Recycling and Household Hazardous Waste Elements as required bl
Act.
7. Manner of Giving Notice
Notices required or permitted herein shall
sufficiently given if in writing and if either served persor
upon or mailed by certified mail to:
City of Carlsbad
Carlsbad, CA 92-
County of San Diego
William A. Worrell
Deputy Public Works Director
Solid Waste Division, M.S. 0383
5555 Overland Avenue
San Diego, CA 92123
8. Governing Law
This agreement is entered into, and shall be cons1 and interpreted, in accordance with, the laws of the Stat
California.
9. Audit and Inspection of Records
a. General. The County shall have the audit inspection rights described in this section.
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% b. Cost or Pricins Data. The County Contracting Off or his representatives or its agent shall have the right to exa
all books, records, or documents and other data of the City re1
to the negotiation pricing or Performance of such contract, ct or modification, for the purpose of evaluating the accuracy completeness of the cost or pricing data submitted.
The materials described above shal
made available at the office of the City, at all reasonable ti for inspection, audit or reproduction, until the expiratio
three (3) years from the date of final payment under this contr
or by (1) or (2) below:
(1) If this contract is completely or partj
terminated, the records relating to the work termir
shall be made available for a period of three years the date of any resulting final settlement.
(2) Records which relate to appeals under the @'Dispi
clause of this contract, or litigation of settlemei claims arising out of the performance of this conti shall be made available until such appeals, litigal or claims have been disposed of, or three years i
contract completion, whichever is longer.
The City shall insert a clause containing all
provisions of this entire clause in all subcontracts here1 except altered as necessary for proper identif icatior
contracting parties and the contracting officer under the Coui
prime contract.
c. Availability.
io. Disputes
a. Any dispute arising under this contract shal
decided by the Technical Advisory Committee's Steering Comm: (Committee) in consultation with the County Contracting Of j
within thirty (30) days after the dispute has been submitted ti
Committee. The Committee shall then issue its decision in wr'
to the city. The decision of the Committee shall be final
conclusive within 60 days from the date of said decision unles decision is contested in a court of competent jurisdiction.
shall proceed diligently with the performance of the con pending a final decision.
b. The llDisputes@l clause does not preclude consider,
of legal questions in connection with decisions provided fc paragraph (a), above. Nothing in this contract shall be cons
as making final the decision of any administrative offil representative, or board in a question of law.
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IN WITNESS, WHEREOF, this agreement is executed by the
of Carlsbad, acting by and through its Mayor , pursuan
Resolution No. 90-455 authorizing such execut and by the County of San Diego, acting by and through the Co
Board of Supervisors, pursuant to Minute Order authorizing such execution.
THE CITY OF CARLSBAD
A Municipal Corporation THE COUNTY OF SAN D
By : By: CLAUDE A. LEWIS, Mayor Clerk of the B of Supervisor
I HEREBY APPROVE the form and legality of the foreg
agreement this day of , 1990.
City Attorney
city of Carlsbad
San Diego County Cou
By: BY :
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