HomeMy WebLinkAbout1991-01-22; City Council; 10999; SELECTION OF SOLID WASTE FACILITY SITTING PROCEDURE*
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SELECHON OF SOLID WASTE FACILITY 1/22/91 MTG.
L3EPT.A SITING PROCEDURE
RECOMMENDED ACTION:
Following the close of the Public Hearing, adopt:
1. Resolution No. 91 -2% pertaining to the review and approval
process for solid waste transfer facilities designed to serve only one
jurisdiction.
2. Resolution No. ‘!/-:‘A? pertaining to the review and approval
process for solid waste transfer facilities designed to serve more than
one jurisdiction.
ITEM EXPLANATION:
Assembly Bill 2296 (AB 2296), which was signed by the Governor on
September 30, 1990, establishes approval procedures for new solid waste
facilities during the planning gap created by the enactment of Assembly Bill
939 (AB 939). Until the new Countywide Integrated Waste Management
Plans are in place, the old County Solid Waste Management Plans will serve
a limited role in the permitting of new facilities. AB 2296 defines this role
and creates new procedures for new facility permitting.
The legislation requires counties and cities to select which procedure they
wish to use to approve: 1) solid waste transfer facilities which recover less
than 15% by volume of the materials processed and serve more than one
jurisdiction; and 2) similar facilities which serve only one jurisdiction;. AB
2296 requires that jurisdictions hold a noticed Public Hearing prior to the
adoption of the resolutions required for each situation.
In summary, the AB 2296 options are:
1. Review by the Local Integrated Waste Management Task Force (for
San Diego County, this is the SANDAG Board), followed by host
jurisdiction land use approval and then review by the California
Integrated Waste Management Board (CIWMB).
Approval by the County and a majority of the cities having a majority
of the incorporated area’s population, followed by host jurisdiction
land use approval and then review by the CIWMB.
2.
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Page 2 of AB # /4/ 9 7 7
It should be noted that the procedures created by AB 2296 do not abridge the host jurisdiction's general plan/land use authority.
In accordance with AB 2296, failure to select between one of these two options by February 1, 1991, will result in
the imposition of option #l.
The San Diego County Integrated Waste Management Task Force and the Technical Advisory Committee have approved the selection of option #2, the procedure which most closely matches that used for the approval of the prior
County Solid Waste Management Plan.
FISCAL IMPACT:
None.
EXHIBITS :
1. Resolution No. 7b-28 pertaining to the review and approval process for solid waste transfer facilities designed to serve only one jurisdiction.
2. Resolution No. '3 /-L? pertaining to the review
and approval process for solid waste transfer facilities designed to serve more than one
jurisdiction.
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RESOLUTION NO. 9 1 - 2 8
RESOLUTION TO SPECIFY THE REVIEW AND
APPROVAL PROCESS FOR SOLID WASIE TRANSFER
FACILITIES DESIGNED TO, AS A CONDITION OF
THEIR PERMITS, RECOVER FOR REUSE OR
RECYCLING LESS THAN 15 PERCENT OF THE TOTAL.
VOLUME OF MATERIAL RECEIVED AND WHICH
SERVE ONLY ONE JURISDICTION.
WHEREAS, the State of California enacted AB 2296 which specifies th
review and approval process for permitting of solid waste management facilitif
until a Countywide Integrated Waste Management Plan has been approved by th
California Integrated Waste Management Board, and;
WHEREAS, AB 2296 requires the Board of Supervisors, with the approv
of a majority of the cities in the county containing a majority of the populatic
of the incorporated area of the county, before February 1, 1991, to specj
whether solid waste transfer facilities which are designed to, and as a conditic
of their permits shall, recover for reuse of recycling less than 15 percent of t
total material received by the facility, and serve only one jurisdiction, shall
subject to the review and approval process described in Section 50000 of i
Public Resources Code, subdivision (b) or the review and comment proc
described in Section 4, subdivision (c); and
WHEREAS, failure to specify which of the options shall be used, will re:
in the imposition of the review and comment process described in Section 500
subdivision (c); and
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WHEREAS, the review and approval process described in Section 50000
subdivision (b) is most like the procedure which has been used to approve prioi
County Solid Waste Management Plans and amendments thereto and affords th
cities and the county the maximum participation available under AB 2296'
defined requirements; and
WHEREAS, the San Diego County Integrated Waste Management Tas
Force and Technical Advisory Committee have approved the recommendation t
select the review and approval process described in Section 50000, subdivisic
(b) ;
NOW THEREFORE, the City of Carlsbad resolves as follows:
The process described in Section 50000 of the Public Resources Cod
subdivision (b) shall be used by the cities and County of San Diego for revie
and approval of solid waste transfer facilities which recover less than 15 percer
by volume, of the materials processed and serve more than one jurisdiction.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Ci?
, 1991 by the following vote Council held on the 22nd day of January
to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and
None NOES:
ABSENT: None
ATTEST:
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RESOLUTION NO. 91-29
RESOLUTION TO SPECIFY THE REVIEW AND
APPROVAL PROCESS FOR SOLID WASTE TRANSFER
FACILITIES DESIGNED TO, AS A CONDITION OF
THEIR PERMITS, RECOVER FOR REUSE OR
RECYCLING LESS THAN 15 PERCENT OF THE TOTAL
VOLUME OF MATEWAL RECEIVED AND WHICH
SERVE MORE THAN ONE JURISDICIION.
WHEREAS, the State of California enacted AB 2296 which specifies tl
review and approval process for permitting of solid waste management faciliti
until a Countywide Integrated Waste Management Plan has been approved by t
California Integrated Waste Management Board, and;
WHEREAS, AB 2296 requires the Board of Supervisors, with the appro\
of a majority of the cities in the county containing a majority of the populatic
of the incorporated area of the county, before February 1, 1991, to speci
whether solid waste transfer facilities which are designed to, and as a conditic
of their permits shall, recover for reuse of recycling less than 15 percent of tl
total material received by the facility, and serve more than one jurisdiction, sh
be subject to the review and approval process described in Section 50000 oft:
Public Resources Code, subdivision (b) or the review and comment prom
described in Section 4, subdivision (c); and
WHEREAS, failure to specify which of the options shall be used, will res1
in the imposition of the review and comment process described in Section 5000
subdivision (c); and
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WHEREAS, the review and approval process described in Section 50000
subdivision (b) is most like the procedure which has been used to approve prio:
County Solid Waste Management Plans and amendments thereto and affords th
cities and the county the maximum participation available under AI3 2296
defined requirements; and
WHEREAS, the San Diego County Integrated Waste Management Tas
Force and Technical Advisory Committee have approved the recommendation 1
select the review and approval process described in Section 50000, subdivisic
(b) ;
NOW THEREFORE, the City of Carlsbad resolves as follows:
The process described in Section 50000 of the Public Resources Cod
subdivision (b) shall be used by the cities and County of San Diego for revie
and approval of solid waste transfer facilities which recover less than 15 percer
by volume, of the materials processed and serve more than one jurisdiction.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Cil
, 1991 by the following votl Council held on the 22nd day of January
to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and I
NOES: None
ABSENT: None
ATTEST:
0 0
NOTICE OF PUBLIC HEARING
SELECTION OF SOLID WASTE FACILITY SITING PROCEDURE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad wil
a public hearing at the City Council Chambers, 1200 Carlsbad Village Dri
(formerly Elm Avenue), Carlsbad, California, at 6:OO P.M., on Tuesday,
January 22, 1991, to consider approval of a procedure for approving new
waste facilities in San Diego County, pursuant to Assembly Bill 2296.
If you have any questions regarding this matter, please call Luci Romerc
the City of Carlsbad Utilities/Maintenance Department, at 438-7753.
If you challenge the approval of the procedure in court, you may be lim:
raising only those issues raised by you or someone else at the public hc
described in this notice, or in written correspondence delivered to the
Carlsbad, City Clerk's Office, at or prior to the public hearing.
APPLICANT: City of Carlsbad
PUBLISH: January 10, 1991 CARLSBAD CITY COUNCII
* *
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to
N.C.C.N. Inc. P.O. Box 878, Encinitas, CA 92024 (619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitl
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general c
published weekly in the City of Carlsbad, County of San Diego, State of California, and which I
is published for the dissemination of local news and intelligence of a general character, q
newspaper at all times herein mentioned had and still has a bona fide subscription list
subscribers, and which newspaper has been established, printed and published at regular inte
said City of Carlsbad, County of San Diego, State of California, for a period exceeding one preceding the date of publica
notice hereinafter referred to; a
notice of which the annexed i
copy, has been published in e;
and entire issue of said newspa
in any supplement thereof on
ing dates, to-wit:
NOTICE OF PUBLIC HEARING
FACILITY SITING PROCEDURE SELECTION OF SOLID WASTE
NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at6 OOP M.,onTuesday,January22, 1991,toconsiderapprovalofa proc- edure for approving new solid waste facilities in San Diego Coun- ty, pursuant to Assembly Bill 2296 If you have any questions regard- ing this matter, please call Luci Romero, at the City of Carlsbad Uti- litieslMaintenance Department, at 438.7753 If YOU challenge the approval of the procedure in court, you may be limited to raising only those issues
public hearing described in this
ence delivered to the City of Carls-
to the public heanng. Applicant City of Carlsbad
Januarv 10
raisedby youor someoneelse atthe
notice, or in written correspond-
bad, City Clerk’s Office, at or prior
GI 5724 January 10,1991 day of JanQary, 1991
I certify under penalty of perj
foregoing is true and correct.
Carlsbad, County of San Diego,
fomia on the 10th CARLSBAD CITY COUNCIL
Proof of Publication 6/90 NDLA 5 Clerk