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HomeMy WebLinkAbout1992-04-28; City Council; 11657; DESIGNATION OF LOCAL ENFORCEMENT AGENCY -LEA- FOR SOLID WASTE LAWS AND REGULATIONSDESIGNATION OF LOCAL - AB#,+= TITLE: 4/28/92 ENFORCEMENT AGENCY (LEA) FOR SOLID MTG. DEPT. U&M WASTE LAWS AND REGULATIONS DEF CIT CIT "4 a 9 0 g ' 2 g '0 a $ z 3 0 0 OF CARLSBAU 1- AUtNL, BILL - c'm RECOMMENDED ACTION: 1. Adopt Resolution No. 4a-1 I[o designating San Diego County Departmei Health Services as the Local Enforcement Agency (LEA) for implementatic solid waste laws and regulations in the City of Carlsbad. ITEM EXPLANATION: Pursuant to the California Integrated Waste Management Act of 1989 (AB 939) City of Carlsbad is required to designate a Local Enforcement Agency (LEA: implementation of solid waste laws and regulations within the City, inclu conducting monthly inspections of solid wasr-e facilities. The City may designate as a LEA or another agency such as the State, the County Department of Hc Services or a joint powers agency (JPA). Should the City fail to designate an LE1 State Integrated Waste Management Board assumes the responsibility by default Under previous law the City was co-LEA with the County Department of HI Services. AB 939 and the new regulations no longer permit co-LEA status. The regulations also require a LEA to maintain at least one technically qualified member devoted solely to solid waste issues. Further, staff allocated to solid waste work must have environmental health, Registered Civil Engineering, Geologist, Engineer, and Land Surveyor expertise. Since the City does not have any staff del solely to solid waste issues, let alone qualified staff as required by the regulations Council could not designate the City without committing to staffing and training which are not justified by the expected LEA workload. ALTERNATIVES: Since each local governing body must designate a single LEA, the City Council sf consider one of the following alternatives: Alternative No. 1 The County Department of Health Services, Environmental Services Division (DE proposing to perform the LEA service at no direct cost to cities. The program w funded from tipping fee revenue and permit fees charged to solid waste facilities. meets all of the State's requirements for LEA certification, and all other cities ii County have designated DHS as their LEA. However, it should be noted that reports directly to the County Board of Supervisors, which has not always responsive to the City's needs regarding solid waste issues in the past. 0 ' - PAGE2 OFAB# /I h --+ Alternative No. 2 The City may designate the CIWMB as the Ciiy's LEA. This alternative would reqi the City to pay CIWMB for all services, Le. monthly inspections or hvestigatiom complaints, conducted at solid waste facilities (Coast Waste Management) loca within the City. These services are staff time (reimbursable at a rate of $65h during FY 90-91), plus all associated per diem, travel expenses, and legal fees. Beca enforcement staff is based in Orange County or Sacramento, these costs could considerable. The City could recoup these costs through the levy of a solid WE facility inspection fee. It should be noted that the City's landfill tipping fees will be reduced if the City designates the State. However, the CIWMB has indicated that they may not perform LEA responsibilities a single city in the County and have requested the County to designate itself pursi to a Public Resources Code section which allows the County to assume I responsibilities with approval of a majority of the cities with a majority of incorporz population. Failing approval of the County as LEA, the CIWMB may contract dire with the County to perform LEA responsibilities. Alternative No. 3 The City may choose to not designate an LEA, in which case the CIWMB becomes City's LEA by default on August 1, 1992. In this case the CIWMB has the s: alternatives discussed in Alternative 2. Joint Powers Authority for Solid Waste Purpirxes Formation of a JPA for solid waste purposes is under consideration by several n county cities and LEA functions could be one of the services provided by suc€ agency. It is unlikely that a JPA for LEA purposes could be formed within the constraints established by the State, and thus is not an option at this time. As v continues on the possibility of forrning a JPA for solid waste purposes, City staff evaluate the benefits of using a JPA for LEA functions in the future. Should a ch in the designated LEA be desired in the future, the City may withdraw an designation at any time, with 90 days notice to the CIWMB. Conclusions and Recommenda~ons Originally, based on a past history of dubious decisions by the County Boar Supervisors regarding solid waste issues, staff was prepared to recommend desigm CIWMB as Carlsbad's LEA. However, in view of the State's indication that it doe! wish to be an LEA for a single jurisdiction within a county, and its intent to con1 indirectly or directly, with the County for LE,4 services, staff recommends that the Council adopt Resolution No. qd-//h designating the County DHS Environmc Services Division as the Local Enforcement Agency for Carlsbad. The designation be changed in the future if the City decides to designate a JPA as the LEA. ' - PAGE3OFAB#\I I h# 0 FISCAL IMPACT: No direct fiscal impact will occur as a result of designating DHS as the City's Should the City choose to designate the CIWMB as LEA, the City will be responsibl reimbursing CIWMB for all associated costs, including: $65/hour of staff time, per d travel expense, and legal fees, or possibly up to $120,000 each year should a full- staff person be required, or possibly contract ,services provided by DHS. The City c recover these costs by assessing a solid waste facility inspection fee. These f impacts would also occur should CIWMB be designated by default. EXHIBITS: 1. Resolution No. , designating CIVVMB as the City's LEA 2. LEA designation overview 3. 4. 5. 4g-llh Department of Health Services February 7, 1992 letter California Integrated Waste Management Board February 18, 1992 letter Chief Administrative Office March 9, 1992 letter m 0 Mountg of @lnn piego J WILLIAM COX. M D PhO DIRECTOR STEVEN A ESCOBOZA DEPARTMENT OF HEALTH SERVICES ASSISTANT DIRECTOR ENVIRONMENTAL HEALTH SERVICES HAZARDOUS MATERIALS MANAGEMENT DMSXON P. 0. BOX 85261 SAN DIEGO, CA 92186-5261 (619) 338-2222 May 1, 1991 - - TO: FROM: TAC MEETING PRESENTATION: LEA DESIGNATION OvERvlEU All Members of the Technical Advisory Committee (TAC) San Diego County Department of Health Services Under the California Integrated Solid Waste Managment Act of 1989 (AB 939, Sher) Enforcement Agency (LEA) will have to be redesignated by each local governing body. In i designated LEA must demonstrate to the California Integrated Waste Management Board (C they can meet new certification guidelines. Regulations outlining these guidelines are cur drafted. Our Department has reviewed drafts of these: regulations and it is $parent that t significant impacts to each jurisdiction. It is our intention to give you an overview and regulations, as we understand them, so that you can begin thinking abut what course of governing body wiil take. The regulations are to be adopted by August 1, 199i, ana kiters how each governing body proposes to meet them are lo be submitted to the CIWMB withir their adoption. In response to the new regulations, the County of Sam Diego Department of Health Sen, Enwonmental Health Services, Hazardous Materials Mkmagement Division is actively prepar designated and become the certified LEA for the unincorporated areas of the county. We wo to act as the LEA for the other jurisdictions in the county in order to maintain consistency ir en for semen t practices . -1- 0 0 ~ Technical Advisory Committee May 1, ROLE OF TEE LEA The LEA is responsible for the oversight of specific Solid Waste Facility (SWF) activities outfj laws and regulations, inciuding: SWFPermits - Administering the permit applicxtion, review and approval process, CEQA review. Monthly inspections of all SWF’S, including landfills, transfer stations, recovery facilities, waste-to-energy facilities, cornposting facilities, and ( related to facility activities. Enforcement - Facility compliance documentation, Notice and Orders, hearings, court ac CIosure - Administer closurdpost closun: requirements for certification of Inspections - mechanism, funding, ciosurdposl: closure plan review. The LEA must also interface with the CIWMB to coordinate and provide documentation fc activities. OVERVIEW OF LEA ALTERNATIVES Formerly, most cities have retained wLEA status with the County where the County has been 1 for health-related standards only. Under the new regulations, this practice will no longer b Each governing body must designate a sole LEA. There are three alternatives to be consider I. The governing body may designate the State (CDNMB), or take no designation action, in the State becomes the designated LEA by default. The governing body may establish their own LEA. The governing body may enter into an agreement with the County of San Diego DHS to I duties of the LEA. 2. 3. Aliernative 1: The CIIYhlB may be chosen by a governing body to act as the LEA for their jurisdiction. If thc body fnils to designate an LEA, the CIWMB will automatically become the LE.4 by d considering this alternative, the governing body should be aware of the following: STATE AS DESIGNATED LEA -2- @ 0 f- Technical Advisory Committee May 1, Costs to the governing body will include a staff member service fee of $128/per hour, plu, charges, plus travel expenses incurred, plus legal fees. SWF’s must be inspected month LEA must also respond to compIaints. Enforcement staff will not be based in San Diego County, but instead, staff will be travc Orange County or Sacramento, The ability for CIWMB staff to be effective and Iesponsive to local needs and concerr hindered due to distance and workload. Discussions with CNVUB staff cleariy indicate that the State would prefer local gr involvement rather than direct State enforcement. Affernative 2: If this alternative is being considered, it is important to note that all aspects of enforcerner included in the LEA’S duties and responsibilities (e.g., hedth and non-health; storage, collection processing; and, active, inactive, closed, illegal sites). All LEA functions are required to be LEA organization. To be certified as an LEA, the folIowkg requirements must be met: 1. There must be at least one permitted Solid Waste Facility (SWF) within the LEA’S juri3 2. The LEA must demonstrate staff adequacy: INDIVIDUAL GOVERNING BODY AS IXA The LEA must have at least one budgeted, fiiil-time staff position that must be a Environmental Health Specialist (REHS) . Staff must have appropriate technical expertise based on the types of fadities jurisdiction (Le., environmental health specialists, engineers, geologists, waste m specialists, financial analysts, etc.). 3. The LEA must have sufficient legal staff to conduct court actions. Legal staff must be ir of counsei serving solid waste facilities to preclude: conflicts of interest. The LEA must have an adequate budget derived from a comprehensive program plan. 1 must be separate from other accounts and must employ standard accounting practices wi sources clearly identified. Thz LEA must have adequaie equipmcnt and other cescurces such as safety equipment, in and vehicles to perform tie duties required within its jurisdiction. 4. 5. 7- * 0 i. Technicai Advisory Committee May 1, 6. A training program must be provided which will enable staff to perform the functions requi their jurisdiction. This will include OSRA safety lxaining as well as other technical trai A program pian must be provided which includes goals and objectives, organization cha of pertinent resolutions and ordinances, a SWF list, and specific descriptions of LEA I related to Permitting, Closure/postcfosure Inspection & Enforcement Training Demonstration of Techid Expertise TimdTask - Staff Adequacy Study Budget Adequacy LEA regulatory procedures must conform to perfolrmance standards adopted by the CIW] Public Resources Code (PRC). An independent hearing pad must be appointed. [f any publicly operated SWF’s are Ioc the jurisdiction the local governing body may not act as the hearing panel. 10. The LEA must not have operational involvement in any SWF’s of the types over whici enforcement authority, induding consultants to the LEA- 7. .- - 8. 9. Alternative 3: The DHS is currently preparing to qualify as an LEA under the new CIWMB requirements as li The DHS has staff with technical expertise in environmental health, solid waste m hydroogeology, and geoiogy. These staff participate in a comprehensive training prograr compliance with the laws. We are budgeting to expand our program to conform with the requirements for technical expertise. We are also in the process of drafting a comprehensive E Program Plan (EPP). The DHS will work with ail jurisdictions who designate us as their LE, intent to address each jurisdiction’s needs and concerns, including specific issues from those ; who will no longer be able to main co-LEA status. DESIGNATE THE COUNTY DHS As LEA -4- a 0 " . - Technical Advisory Committee May 1, TIME LIMITATIONS August 1, 1991: August 31,1991: December 31, 1991: August 1, 1992: Final certification regulations to take effect (as mandated by la Letter of Intent to be filed wih the cIwM8. Designation and Cdficattion packages to be submitted to the 1 Local LEA Certified by ClIWMB or CIWMB becomes jurisdicb default. An LEA Designation & Certification Process flowchart firom the CIWMB, and the DHS project for accomplishing LEA certification are attached. The first step in complying with the regulations will be to submit a Letter of Intent to the August 31, 1991. All governing bodies who would like the DHS to act as their LEA, must their intent, in writing, by June 15, 1991. The DHS has copies of current dmft LEA certification Iegulations available for review. We Y to monitor these regulations and attempt to keep you updated as new draft versions are avail; waste legislation is continuaily changing and we recotrimend that the governing bodies mon which may affect their jurisdictions. If you have any questions, please contact Tom Pittman, Waste Management Specialist, at 33 -5 - 1 33 ;a3 e 1 "f- c Y) V .- u, c .= t 4 e- -.- 1.; :1 1: .9 5 29 , C O Oh11 ~2 kn -. t: 2: yl m .= z n rnr3" l!. I , i5 ;; ga 'CL aJ* .e I :L 8 :I d 3 0 I 2: 2- q* j 1 J .s 2!Uh I - 80-1 -upc =bo i :.;"$;I Zd 0') i i -32 .- ue' - 'b%/ b 0 '3 2:- c .- m i;i 3 I i :2= 0: ! x D i d d =v zz r- 2 I =*P fbZ%g - l!gs- < *-?:z=, - 32 2- m I $0 O ;;.E.; Zf $27 - I 3; 33?;;- rzz3Q$ 4 C"<Z? 0 c.2: I sz - - .d A I I I - - q 3 O" rn u tx N PI L o h - 0-2 3 vi n =au - xa: -u" -. 4 0 u .-! 3v2 -* P -3 .=o 2 - : ;3 <-:- - d - 7 r. 2- v-JF03=u jJzzz c;: c<; 3 =< (= 3 -. - 1-3- - I, !I 1 * e 1. . .. 4 1 OI OI - Y '1 rc Q1 2 g CI 3 bJ ir; g 6 E- z 0 b 4 u b ci Irl u 4 Lr! Lr! E- v) I c E: U 1 w v: 2 n k c 1 c 0 w2 @ e I) .. . _. alYmtQ of an $%ego OFFICE OF THE DEPl P.O. BOX 8 DEPARTMENT OF HEALTH SERVICES SAN DIEGO, CA 5 (619) 338- ASSISTANT DIRECTOR ENVIRONMENTAL HEALTH SERVICES Fax #: 338- J WILLIAM COX M.D, Ph D STEVEN A ESCOBOZA DIRECTOR February 7, 1992 Ms. Barbara Baker, Solid Waste Speclalist California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826 Dear Ms. Baker: DESIGNATION INFORMATION PACKAGE - DESIGNATION APPROVAL REQUEST The San Diego County Department of Health Services, Environmen Health Services (EHS) formally requests California Integrated Wa Management Board (CIWMB) approval of our designation as a Lo Enforcement Agency (LEA) . Enclosed for your review is Designation Information Package (DIP) as required by the Califor Code of Regulations, Title 14. As required by Title 14, we have included certified resoluti from the local jurisdictions who have designated EHS to act their LEA. To date, we have not received a letter of intent o certified resolution from the City cf Carlsbad. Therefore, we proceeding with the certification process and submitting this for all areas in San Diego County except the City of Carlsbad. City of Carlsbad has indicated that they do not intend to design EHS as the LEA in their jurisdiction. In addition to the other elements required for the DIP, we h enclosed a certified copy of the SAN DIEGO COUNTY SOLID WA HEARING PANEL ordinance which established an independent hear panel. This ordinance was adopted on January 21, 1992. We currently in the process of nominating the panel members. M Coyle stated in a telephone conversation that DIP review would be delayed if hearing panel member information was not immediat available. Accordingly, we submit the DIP for your review with understanding that panel member information will be forwarded you as soon as they are appointed. I a .> * *-+ 0 pls. Barbara Baker -2- February 7, 15 Should you have any questions or require additional informatic please contact Ken Calvert, Program Coordinator, at (619) 338-24t Sincerely, Hk- __)__ GARY R. STEPHANY, Deputy Director Environmental Health Services GRS : lw Enclosures cc: Ralph Chandler, Executive Director California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826 Mary Coyle, Solid Waste Special-ist California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826 Raymond R. Patchett, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1949 Lari Sheehan, Chairperson AB 939 Technical Advisory Comm.ittee MS S-30 Victoria Gallagher, Chief Hazardous Materials Management Division * e . STATE OF CALIFORNIA * CALIFQWNIA INTEGRATED WASTE MANAGEMENT BOARD 8800 Cal Center Dnve Sacramento, California 95826 TO: ALL LEA Co-Directors Subject: Solid Waste - Local Enforcement Agency Designation and Certification Regulati Dear Co-Director: This letter is being sent to all existing Co-LEA issues to obtain the intentions of both the Co-LEAS and their Local Governing Bodies with regards to the Designation and Certification of a single Sole Enforcement Agency for your existing jurisdiction (pursuant to Public Resources Code Divi 30 and Title 14 California Code Regulations Division 7, Chapter 5. The llnewll Designation and Certification Regulations (Title 1L California Code of Regulations (14 CCR Division 7, Chapter 5) became effective December 17, 1991. Pursuant to 14 CCR Sectj 18051, "After the effective date of this chapter, each local governing body that wishes to designate a local agency as thc enforcement agency shall so notify the board." Additionally, LEAs are not allowed, after August 1, 1992, under the new Certification Regulations, Failure to designate and obtain certification(s) for one of the existing LEAs in your jurisdiction or to designate a neb local agency causes the California Integrated Waste Management Board (CIWMB) to becor the enforcement agency for your jurisdiction, after August 1, 1992. The California Integrated Waste Management Board requests a written indication as to the decision of your co-enforcement agencies and their local governing. bodies to designate one oj existing LEAs or a new local agency as the enforcement agenc! The CIWMB requests your immediate attention in regards to th. matter so as to prepare for a possible exchange of enforcemei agencies in your jurisdiction. If you have any further questions please contact Mary T. Coy (916) 255-2408 or Skip Amerine at (916) 255-2409. Sincerely, Myron H. Amerine A.W.M.S.; R.E.H.S. LEA Section, Permitting and Compliance Division Skip:coleades.ll *??l+ \ 2n Recycled Paper -- 0 Fpq 1 a Maunig NORMAN W HICKEY CHIEF ADMINISTRATIVE OFFICER (619) 531-5250 FAX (619) 557 4060 CHI EF AD M i N I STRATIVE OFF1 C E 1600 PACIFIC HIGHWAY, SAN DIEC; March 9, 1992 Mr. Raymond R. Patchett, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1949 Dear Mr. Patchett: SOLID WASTE LOCAL ENFORCEMENT AGENCY - NOTICE OF ADDITIONAL COL DESIGNATION RESOLUTION As you are aware, the County Department of Health Services seeking certification from the California Integrated WE Management Board (CIWMB) to act as the Local Enforcement Age (LEA) for solid waste issues. We have been designated by sevent cities, through local resolutions, t.o act as the LEA for indivic jurisdictions. Pursuant to a conversation with your office, understand that the City of Carlsbad does not intend to desigr the County as their LEA. It is wi-th this understanding that submitted our Designation 1nformat:Lon Package (DIP) to the C1 for approval. Specifically, this document was submitted for incorporated and unincorporated jurisdictions in San Diego COI except for the City of Carlsbad. After a preliminary review of the DIP, the CIWMB has indicated t may not accept enforcement responsikilicy for a single jurisdict within a county. Therefore, the CIWMB has requested that the Bc of Supervisors follow up with a second resolution accepting responsibilities pursuant to Public Resources Code sect 43203(a). (A copy of this code section is enclosed for 1 reference.) Section 43203(a) essentially states that the Boarc Supervisors may designate the LEA for the entire county I approval by a majority of cities within the county, with a majoi of the population of the incorporated areas. The resolution been drafted and will go before the Board of Supervisors approval on March 17, 1992. Pnnted on recyclt d paper 0 0 Mr. R. Patchett -2- March 4, 1 It is our understanding that the City of Carlsbad still has opportunity to formally designate itself or another entity to as the LEA. Your city's designation would then be subject review and approval by the CIWMB. If I can be of further assistance, please let me know. Respectfully, Ghief Q?liiE4~ Admin * st ative Officer NWH:LW Enclosure cc: J. William Cox, M.D., Ph.D., Director Department of Health Services Lari Sheehan, Chairperson AB 939 Technical Advisory Committee Barbara Baker, Solid Waste Specialist California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826 I.l*:(; IL4'1'KI) W.4S'I'I.: Mr\S:\GP:\f I.:ST 0 , which contains the iiiajority of the population oft I1 ISP0S.A L, incorporated area of the county. (Chtiptcr 1 'itfdcd I,! St'its. ISXS, Ch. 109.3. Scc. 22) (b) The county and the cities within the cour may enter into a joint exercise of powers agreeme Article 1. Local Enforcement Agencies pursuant to Section 6500 of the Government Co (.-lrticlt 1 ddtd ti!. Stat\. 1989, <;h. 1095. Scc. 22) for the purpose of establishing an enforceme agency to carry out this chapter in the jurisdiction the joir.t powers aW1cy. (c) A city council may designate an enforceme (d) The board of supervisors of the county m designate an enforcement agency to carry Out t' chapter in the unincorporated areas of that coun (Amended by Stats. 1990. Ch. 1355, Sec. 28. Effect September 27, 1990.) 43204:. No enforcement agency may exercise I powers and duties of an enforcement agency ur the de:;ignation is approved by the board. Af August 1, 1992, the board hall not approve designa.tion unless it finds that the designated 6 forcement agency is capable of fulfilling its respc sibilities under the enforcement program and me the certification requirements adopted by the bo2 pursuant to Section 43200. (Amecded by Stats. 1990, Ch. 1355, Sec. 29. Effect September 27, 1990.) 43208. If no enforcement agency is designah the board shall become the enforcement agenr and shdl assume all powers and authorities est: lished pursuant to this chapter. Nothing in t chapter prevents a designation of an enforceme agency under Section 43202 at a later date. 0 ,* ' 48. : CI-IAFI'EH 2. SOLIL) L2'.4S?'E IJ[ASDI.ING AND 43200, (a) on or before A~~~~~~~ 1. 1991, the board shall prepare and adopt certification regula- tions for local enforcement agencies. The regula- shall meet before being designated as an enforce- ment agency. The regulations shall include, but are not limited to, all of the following: (1) Technical expertise. (2) Adequacy of staff resources. (3) Adequacy of budget resources. (4) Training requirements. (5) The existence of at least one permitted solid waste facility within the jurisdiction of the local agency. (b) The regulations adopted pursuant to subdivi- sion (a) shall specify four separate types of certifi- cations for which an enforcement agency may be designated, as follows: (1) Permitting, inspection, and enforcement of regulations at solid waste landfills. (2) Permitting, inspection, and enforcement of solid waste incinerators. (3) Permitting, inspection, and enforcement of transfer and processing stations. (4) Inspection and enforcement of litter, odor, and nuisance regulations at solid waste landfills. tions shall specify requirements that a local agency agency to carry out this chapter in the city. (Added by Stats. 1989, Ch. 1095, Sec. 22.) 43201. After August 1, 1992, no enforcement 43206. A designation made pursuant to this a cle may be withdrawn in the same manner in wh it was inade. (Added by Stats. 1989, Ch. 1095, See. 22.) agency shall be designated pursuant to this article unless the board determines that the agency fully complies with one or more of the certification types specified in Section 43200. No enforcement agency shall, after iiugust 1, 1992, exercise the powers of an the agency has been certified by the board. (Adde~d by Stats. 1989, Ch. 1095, Sec. 22.) 43207'. No local governmental department agency which is the operating unit for a solid wa ment agency for the types of solid waste handling disposal operation it conducts. enforcement agency pursuant to this chaPter un1ess handlirlg or disposal operation shall be the enfor (Added by Stats. 1989, Ch. 1095, Sec. 22.) 43202. There may be designated within each county an enforcement agency to carry out this chapter. If an agency is not designated and certified, the board, in addition to its other powers, shall be the enforcement agency within the county. (Addead by Stats. 1989, Ch. 1095, Sec. 22.) 43208. Notwithstanding any other provision law, except as provided in Chapter 6.5 (cornme] ing with Section 25100) of Division 2o of the Hea and Safety Code, and Section 731 of the Code Civil Procedure, no local governing body may ena 43203. The designation of the enforcement issue, enforce, suspend, revoke, or modify any 01 agency shall be made by any one of the following nance, regulation, law, license, or permit relating procedures: a facility that accepts both hazardous wastes 2 (a) The board of supervisors of the county may other :jolid wastes and which meets any of % designate the enforcement agency to carry out this criteria. enumerated in subdivision (a) of Sect chapter in the county. The designation is subject to 25148 of the Health and Safety Code, and 1 the approval by a majority of the cities within the operating as of May 1, 1981, pursuant to a valid sc county Lvhich contain a majority of the population of waste facility permit, so as to prohibit or unreasl the incorporated areas of the county except in those ably regulate the operation of, or the dispo counties lvhich have only two cities in which case treatmmt, or recovery of resources from sc the designation is subject to approval by the city wastes at any such facility. However, nothing in t (Added by Stats. 1989, Ch. 1095, Sec. 22.) 1 2 3 4 5 ' 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 io F RESOLUTION NO. 92-116 RESOLUTION OF THE CITY COIJNCIL OF THE CITY OF CARLSBN CALIFORNIA DESIGNATING THE SAN DIEGO COUNTY DEPARTMEN OF HEALTH SERVICES As THE L,OW ENFORCEMENT AGENCY FO SOLID WASTE ISSUES WHEREAS, Division 30, Part 4, Chapter 2 of the Public Resour (California Integrated Solid Waste Management Act of 1989) requires that Enforcement Agencies (LEAS) for solid waste issues be certified by the C Integrated Waste Managemenr Board (CIWMB); and WHEREAS, each local jurisdiction must designate an LEA, or ren responsibility to the CIWMB, and make notification to the CIWMB as to the des NOW, THEREFORE, BE IT RESOLVED, that the Carlsbad Citj hereby designates the County of Saji Diego, Department of Health Environmental Health Services as the LEA for solid waste issues in this juris( PASSED, APPROVED AND ADOPTED by the City Council of tk Carlsbad at its regular meeting held on the 28th day of ADril the following vote, to wit: Y AYES: Council Members Lewis, Kulchin, Larson, Stanton, NOES: None ABSENT: None &4 UDEA.LE I , Ma ATTEST: r%. (SEAL) i m<TSm1erlc *.- ‘4 May 1, 1992 Gary Stephany Deputy Director Environmental Health Services P.O. Box 85261 San Diego, CA 92186-5261 Dear Mr. Stephany: Attached is a copy of Resolution No. 91-116, designating the County of San Di Department of Health Services, Environmental Health Services as the local enforcr id waste issues in the City of Carlsbad. 38-7753 should you have any questions or concerns. J Utilities & Maintenance Director RWA: JR Attachment 7@(5G ,I.? &P&! C: Barbara Baker c*7> q 2- California Integrated Waste Management Board .i& 8800 Cal Center Drive Sacramento, CA 95826 ir JSC- yl’m H:\LIBRARYVJM\WPDATAUTRUTR92101 .SW 2075 Las Palmas Drive - Carlsbad, California 92009-1 51 9 - (61 9) 438- .- e 1 2 3 4 5 ' 7 a 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 0 e e RESOLUTION NO. 9 1 - 11 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WBAI CALIFORNIA DESIGNATING THE (SAN DIEGO COUNTY DEPAR'IWEn OF HEALTH SERVICE!3 AS THE LOCAL ENFORCEBENT AGENCY FC SOLID wm ISSUES WHEREAS, Division 30, Part 4, Chapter 2 of the Public Resour (California Integrated Solid Waste Management Act of 1989) requires that Enforcement Agencies (LEAS) for solid waste issues be certified by the ( Integrated Waste Managemenr Board (CLINMB); and WHEREAS, each local jurisdiction must designate an LEA, or ren responsibility to the CMrMB, and make notification to the CIWMB as to the de NOW, THEREFORE, BE IT RESOLVED, that the Carlsbad C$ hereby designates the County of Sart Diego, Department of Health Environmental Health Services as the LEA for solid waste issues in this juris( PASSED, APPROVED AND ADOPTED by the City Cound of tl Carlsbad at its regular meeting held on the 28th day of Ami1 the following vote, to wit: 1 AYES: Council Members Lewis , Kulchin, Larson, Stanton, NOES: None ABSENT: None &A UDE A. ATTEST: