HomeMy WebLinkAboutItem 4.06 Solid Waste Mgmt Enforcement Agency (2) F
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 9, 1992
SUBJECT: Redesignation of the Local Enforcement Agency (LEA) for
Solid Waste Management
op,�/(Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED:`` Exhibit 1 : Letter dated February 27, 1992 from
Executive Director of Alameda County
Waste Management Authority (ACWMA)
Exhibit 2: ACWMA Resolution Approving Designation
of LEA
Exhibit 3: Proposed City of Dublin Resolution
RECOMMENDATION: Adopt Resolution.
FINANCIAL STATEMENT: None.
DESCRIPTION: The State Integrated Waste Management Board has
notified the Alameda County Waste Management Authority (ACWMA) of the need
to formally designate the Local Enforcement Agency (LEA) in accordance with
AB 939 . The ACWMA Joint Powers Agreement specifically calls for the County
Health Department to serve in this role. However, the revised State Law
requires action by a majority of the agencies representing a majority of
the population.
The LEA is required to perform duties associated with permitting,
inspection, and enforcement of regulations at solid waste landfills and
transfer stations. In the past, these tasks have been carried out under
the direction of the Alameda County Health Agency. The Waste Management
Authority has approved the designation which applies to all areas of the
County except the City of Berkeley. The City of Berkeley has its own
Health Department and they perform this duty at the Berkeley Transfer
Station.
ACWMA has requested that the City adopt a resolution redesignating Alameda
County Department of Environmental Health as the Local Enforcement Agency
(LEA) . Mayor Snyder serves as the City's representative on the Authority
and may be able to answer any further questions.
Staff recommends that the City Council adopt the resolution.
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COPIES TO:
ITEM NO. CITY CLERK
FILE 181 / .►
1992
ALAMEDA COUNT . FEB 2 8
WASTE MANAGEMENT AUTHORITY
Thomas M. Martinsen
Executive Director
February 27, 1992
Mr. Richard Ambrose, City Manager
City of Dublin
P. O. Box 2340
Dublin, CA 94568
RE: Redesignation of the Local Enforcement Agency (LEA) for Solid
Waste Management
Dear Mr. Ambrose:
The Waste Management Authority hereby submits, for adoption by your
City, a redesignation of the County Department of Environmental
Health as the Local Enforcement Agency for Alameda County,
excluding the City of Berkeley.
The proposed action is required by the California Integrated Waste
Management Board, in response to changes in State law that slightly
modify the process for designating LEAs. The County Department of
Environmental Health was originally designated as LEA by the
Authority in 1977 and was reconfirmed in 1987 and in 1990. Action.
to redesignate the LEA was taken by the Authority Board in its
February 26,- 1992 meeting. -
A sample resolution designating the LEA is attached. The proposed
designation has also been submitted to the County Board of
Supervisors, which must approve the action along with a majority of
the cities representing a majority of the incorporated population
of the county.
If you have any questions on this matter, please contact me or Dick
Edminster at the Authority offices. You may also wish to contact
Mr. Bill Raynolds, Program Manager at the Department of
Environmental Health, at [510] 271-4303 .
Sincerely,
Thomas M. Martinsen
Executive Director
enclosure
cc: Bill Raynolds, LEA
leadesig.doc
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1933 Davis St., Suite 308, San Leandro, CA 94577•(415) 639-2481, FAX: (415) 639-2491
ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY
RESOLUTION #188
MOVED: FOULKES
SECONDED: WIESRAMP
AT THE MEETING HELD FEBRUARY 26, 1992
DESIGNATION OF THE ALAMEDA COUNTY DEPARTMENT OF ENVIRONMENTAL
HEALTH AS ENFORCEMENT AGENCY TO CARRY OUT THE PROVISIONS OF
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989
WHEREAS, the County of Alameda and its incorporated cities are
required by Sections 43202-03 of the Public Resources Code
(PRC) to designate a local enforcement agency (LEA) to carry
out the provisions of the California Integrated Waste
Management Act of 1989 ; and,
WHEREAS, pursuant to this Authority's Joint Exercise of Powers
Agreement, February 13 , 1990, this Authority is responsible
for enforcement of the Alameda County Solid Waste Management
Plan and Integrated Waste Management Plan; and,
WHEREAS, the Alameda County Public Health Service was
designated as LEA in 1977 by the Alameda County Waste
Management Authority; and,
WHEREAS, the Alameda County Department of Environmental
Health, the renamed Public Health Service, was designated as
LEA in the Alameda County Solid Waste Management Plan,
July 29, 1987 ; and,
WHEREAS, the Alameda County Department of Environmental Health
possesses the required capabilities in solid waste enforcement
to implement enforcement provisions of the California
Integrated Waste Management Act of 1989 and the regulations
and ordinances that have been and will be adopted pursuant
thereto; and,
WHEREAS, the Alameda County Department of Environmental Health
has the technical expertise, adequate staff resources,
adequate budget resources, and training to carry out the
enforcement program specified by law; and,
WHEREAS, it is the understanding of this Authority that the
County of Alameda and a majority of the cities within the
County containing a majority of the population of the
incorporated area of the County intend to designate the
Alameda County Department of Environmental Health as the
enforcement agency for the county and all cities contained
within the county, with the exception of Berkeley which has
its own enforcement agency; and,
EXHIBMI
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WHEREAS, California PRC Section 44800 provides that all
hearings required to be conducted under Chapter 1 (commencing
with Section 45000) of Part 5 of the PRC and the California
Code of Regulations, Title 14 , Section 18060 and Section
18081 (d) (2) , shall be heard by a hearing panel appointed by
the local governing body of the designated enforcement agency,
which may appoint itself as hearing panel and/or appoint an
independent hearing panel.
NOW, THEREFORE, BE IT RESOLVED, by this Authority that it
hereby approves the designation of the Alameda County
Department of Environmental Health as the enforcement agency
for the County of Alameda and all cities except Berkeley .
contained within the County, pursuant to Sections 43202-03 of
the PRC; and,
BE IT FURTHER RESOLVED, that if a majority of the cities
containing the majority of the population in the incorporated
areas of the county fails to sustain this designation, or if,
as a result of the withdrawal of the concurrence of one or
more cities, the required sustaining majority ceases to exist,
then pursuant to PRC, Section 43203 (d) ., the Alameda County
Department of Environmental Health is designated as the
Enforcement Agency to carry out the provisions of the
California Integrated Waste Management Act of 1989 in the
unincorporated areas of the County of Alameda; and,
BE IT FURTHER RESOLVED, that the Board of Supervisors of the
County of Alameda, being the -local governing body,- shall. serve
as the hearing panel pursuant to Section 44800 of the PRC;
and/or appoint an independent hearing panel.
ADOPTED BY THE FOLLOWING VOTE:
AYES: WITHROW, RUBIN, CHANDLER, SNYDER, FERTIG, SWEENEY,
WIESKAMP, NAGY, MILEY, FOULKES, MERCER, FARIA,
MARTIN, KERR
NOES: NONE
ABSENT: KING, LOISEL, GARFINKLE
ABSTAINED:NONE
THOMAS M. MARTINSEN, EXECUTIVE DIRECTOR
ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY
feb2692.poc
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RESOLUTION NO. - 92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE DESIGNATION OF
THE ALAMEDA COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
AS ENFORCEMENT AGENCY
WHEREAS, the County of Alameda and its incorporated cities are required by Sections
4320-03 of the Public Resources Code to designate a local enforcement agency (LEA) to carry
out the provisions of the California Integrated Waste Management Act of 1989; and
WHEREAS, the Alameda County Public Health Service was designated as LEA in 1977 by
the Alameda County Waste management Authority; and
WHEREAS, the Public Health Service was renamed the Alameda County Department of
Environmental Health, and on July 29, 1987 was designated as LEA in the Alameda County Solid
Waste Management Plan; and
WHEREAS, the Alameda County Waste Management Authority on February 26, 1992 approved
designation of the Alameda County Department of Environmental Health as LEA pursuant to the
California Integrated Waste Management Act of 1989 and has requested that the County of
Alameda and each city in the County approve said designation; and
WHEREAS, the Alameda County Department of Environmental Health possesses the required
capabilities in solid waste enforcement to implement enforcement provisions of the
California Integrated Waste Management Act of 1989 and the regulations and ordinances that
have been and will be adopted pursuant thereto; and
WHEREAS, the Alameda County Department of Environmental Health has the technical
expertise, adequate staff resources, adequate budget resources, and training to carry out
the enforcement program specified by -law; and
WHEREAS, it is the understanding of the City that the County of Alameda and a
majority of the cities within said county containing a majority of the population of the
incorporated area of the County of Alameda intend to designate the Alameda County Department
of Environmental Health as the enforcement agency for the county and all cities contained
within the county, except Berkeley which has its own enforcement agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the designation of the Alameda County Department of Environmental Health as the
enforcement agency for the County of Alameda and all cities except Berkeley contained within
said county, pursuant to Sections 43202-03 of the Public Resources Code.
PASSED, APPROVED AND ADOPTED this 9th day of March, 1992.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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