HomeMy WebLinkAboutItem 4.03 EDublinWasteMgtPln (2)
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: JULY 9,1996
SUBJECT:
Eastern Dublin Waste Management Plan
Report Prepared by: Steve Honse, Administrative Assistant
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EXIllBITS ATTACHED: 1. Resolution incorporating Eastern Dublin into the City's Waste
,Management Plan
RECOMMENDATION: ~dOpt Resolution
FINANCIAL STATEMENT:
No financial impact
DESCRIPTION:
The Eastern Dublin EIR imposes a requirement that the City's Source Reduction and Recycling Element
(SRRE) and Household Hazardous Waste Element (HHWE) be modified to include development in
Eastern Dublin. The intent of the requirement is to insure that Eastern Dublin Development is
incorpomted into the City' s Waste Management Plan. The plan is to be used as a guide to assist in
compliance with AB 939 diversion requirements. AB 939 requires the City to reduce, by 50%, solid
waste deposited into the landfill by the year 2000.
As written, .the EIR for the' Eastern Dublin Specific Plan anticipated that a separate waste management
plan would be developed which would project the amount of waste genemted and the quantity of material
diverted. Since the EIR was written, through AB 440, the State has. abandoned this generation-based
methodology, finding it to be inefficient and extremely expensive. Under AB 440, the City is no longer
permitted to use generation and diversion data to measure achievement of AB 939 requirements. Now,
the City may only use the California Integrated Waste Management Board (CIWMB) approved disposal-
based adjustment method. As a result, certain mitigation measures within the EIR have become
ineffective.
In response to the change in AB 939 reporting requirements brought about by AB 440, alternative
methods will be required in order to achieve the intent of the EIR. Each relevant mitigation measure and
possible alternatives are discussed below:
MM 3.4/37.0 (Action Program 8K): Prepare a solid waste management plan for Eastern Dublin
which includes the following:
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COPIES TO:
ITEMNO.~
Hlcc-formslagdastmt.doc
· A requirement for the City to compost all organic wastes resulting from the ongoipg
maintenance of pUblic parks and open space. ....
· Extension of Dublin's curbside collection program for recycling materials.
· Specific areas designated for the collection of recyclable materials in multi~family and
commercial areas, with coordination as needed for pick~up.: < ::
· Support for re-use of composted materials in landscaped areas of all new development. e:. ,: .>
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This mitigation measure is unaffected by AB 440 and can be satisfied by the adoption of the attached
resolution (Exhibit U I"). The Resolution states that, by reference, the policies and programs in the SRRE
and HHWE and all recycling services are extended to East Dublin. The resolution also provides that, to
the greatest extent practical, all waste from public parks and open space are to be composted and that the
site review process shall include a requirement for recycling collection areas.
MM 3.4/38.0: Revise Waste Generation Projections of the City's SRREIHHWE to reflect the
population and commercial land use projections of the Project and determine updated solid waste
generation and disposal capacity characteristics.
AB 440 eliminated the generation-based reporting system envisioned by AB 939. Public Resources Code
(pRC) Section 41780.1(c) mandates that, before measuring compliance with the 1995 solid waste
reduction goal of 25%, and the 2000 goal of 50%, each jurisdiction must use the board-approved standard
adjustment method, when calculating their maximum allowable disposal tonnage to meet the goal.
Under AB 440, the generation projections and waste characterization studies indicated by MM 3.4/38.0 are
no longer relevant to the City's waste management sttategy. Since the intent of the mitigation measure is
to incorporate Eastern Dublin into the City's SRRE and HHWE, the intent of the mitigation measure can ':-;-..
only be satisfied by the use of a method which utilizes California Integrated Waste Management Board .".,::')
disposal-based methodology. The Board-approved method allows for adjusunents related to increases or .:,' ,
decreases in population, inflation-adjusted taxable sales, employment and special events (such as natural
disasters) affect waste amounts.
Staff has developed a.proposed approach to comply with the intent of the EIR and AB 939 as amended by
AB 440. Under this approach, actual Eastern Dublin development would be incorporated into the SRRE
by periodically adjusting City-wide maximum disposal using Board-approved methodology. The
methodology recognizes changes in AB 939 reporting requirements mandated by AB 440 by using the
CIWMB approved adjustment method. Secondly, it would preserve the integrity of the City's, SRRE by
eliminating the introduction of speculative development projections.
Since the CIWMB.approved disposal-based reporting system is now mandated, effective mitigation can
only be achieved using this method. This 'option is incorporated into the attached resolution as a substitute
for the original mitigation measure.
MM 3.4/39.0: Solid Waste Mana,5!ement Plan .. Additional Reauirements. The Solid Waste
Management Plan (SWMP) for Eastern Dublin should address and incorporate the goals, objective
and program of Dublin's SRRE and IUlWE. This plan should be submitted to the City of Dublin's
City Manager's Office and the Public Works Department prior to building permit issuance. The
plan .~hould provide estimates of the amount of waste to be generated, and estimated diversion by
program. Impacts on available landfill shall be calculated. The plan should also develop a public .. ~'..":-.
education and citizen's awareness program to promote the attainment of target diversion and ,,~:-'
disposal levels. The program should provide information to the residents, merchants, and
employers about alternative diversion measures that are available, such as: area buyback centers
and markets for recyclables; other information and incentives for recycling and use of recycled
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products; use of recycled materials in construction; and provision of product space for residential
aJid retail units. ,', : .
As discussed in MM 3.4/38.0, AB 440 eliminated. the relevance of generation and diversion as measures for
AB 939. As a result, strict adherence to the language of MM 3.4/39.0 would not achieve its intent.
Therefore, as with MM 3.4/38.0, the language requiring quantification and characterization of generation
and diversion should be eliminated. To effectively incorporate Eastern Dublin development into the City's
Waste Management Plan, City Staff should periodically adjust maximwn disposal quantities using the
Board-approved method. This method is the only procedure that would satisfy AB 440 and meet the intent
of this mitigation measure.
In addition to reporting requirements, MM 3.4/39.0 requires that development in Eastern Dublin be
incorporated. into the programs required by the SRRE and HHWE. The attached resolution provides that
all development in Eastern Dublin is to be incorporated. into the City's SRRE and HHWE by reference.
The effect would be to subject Eastern Dublin to the City's existing duties under the SRRE and HHWE
and extend all programs and incentives to all residential and commercial uses in Eastern Dublin.
MM 3.4/40.0 Given the possibility that additional capacity would not be approved in the future, a
condition of approval for all Dew development will be the availability or the reasonable expectation
of adequate landfill capacity to accommodate all project wastes.
This mitigation measure has been fully satisfIed. Waste Management of Alameda County has conducted a
study and has detennined that, for the tenn of the agreement, sufficient capacity exists to accommodate all
development proposed in Eastern Dublin. Eastern Dublin's right to landfill space is contractually
guaranteed in the Franchise Agreement, Section 2.13.
Recommendation
The City Council should adopt the attached resolution which incorporates Eastern Dublin devel,opment
into the City's Solid Waste Management Plan as follows:
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1. Beginning August 1, 1996, City Staff shall incorporate actual development in Eastern Dublin
into the City-wide Solid Waste Management Plan using the disposal~based method approved by
the California Integrated Waste Management Board. The adjustment shall be perfonned at the
same frequency as the requirement for AB 440 reporting.
2. All duties and responsibilities imposed upon the City by the approved SRRE and HHWE shall
be deemed to apply to Eastern Dublin. These duties shall include public education and citizen
awareness programs.
3. To the greatest extent practical, organic waste from the ongoing maintenance of public parks
and open space, within Eastern Dublin, shall be composted
4. All recycling collection services shall be extended to Eastern Dublin.
5. As part of the Eastern Dublin site review process, multi-family and commercial developments
shall be designed so as to ensure that space is provided for the collection of recyclable
materials.
6. To the greatest extent practical, composed materials shall be used in landscaped areas for all
Eastern Dublin developments.
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RESOLUTION NO. . 96
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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EASTERN DUBLIN SOLID WASTE MANAGEMENT PLAN
WHEREAS, the Environmental Impact Report for the Eastern Dublin Specific Plan (SCH No.
91103064) identified potentially significant environmental impacts associated with the generation and
disposal capacity of solid waste (pages 3.4-20 to 3-4.23); and
WHEREAS, the EIR identified four mitigation measures to mitigate these impacts to a level of
insignificance (MM 3.4/37.0,38.0,39.0 and 40.0); and
WHEREAS, two of these mitigation measures (3.4/38.0 and 39.0) require the City to quantify
solid waste generation characteristics; and
WHEREAS, these mitigation measures were prepared in reliance on the state law then in effect
(Public Resources Code ~40000, et seq., the California Integrated Waste Management Act of 1989,
commonly referred to as "AB 939"); and
WHEREAS, AB 939 has since been amended to require that cities detennine compliance with AB
939's mandated diversion requirements by disposal characteristics rather than quantifying waste generation
characteristics. (See, e.g. Public Resources Code ~41780.1(c)); and
WHEREAS, the Council has detennined, pursuant to State CEQA Guidelines
U5162 that revision of MM 3.4/38.0 and 39.0 to conform to existing State law does not require
preparation of a subsequent EIR, negative declaration or addendwn; and
WHEREAS, the changes to the two mitigation measures will achieve the same result as the
mitigation measures as adopted.
NOW, TIIEREFORE, BE IT RESOLVED that Eastern Dublin EIR is modified as follows:
L The requirements of Mitigation Measures 3.4/38.0 and 39.0 shall be fully satisfied by
incorporating actual Eastern Dublin development into the City's Solid Waste Management Plan
using the California Integrated Waste Management Board approved disposal-based adjustment
method. The first adjustment shall be performed prior to August 1, 1996 and shall be
performed on a regular basis thereafter.
2. All duties and responsibilities imposed upon the City by the approved Source Reduction and
Recycling Element and Household Hazardous Waste Element shall be deemed to apply to
Eastern Dublin. These duties shall include public education and citizen awareness programs.
3. To the greatest extent practical, organic waste from the ongoing maintenance of parks and open
space. within Eastern Dublin, shall be composted.
4. All recycling collection services shall be extended to Eastern Dublin.
5. As part of the Eastern Dublin site review process, multi-family and commercial developments
shall be designed so as to ensure adequate space is provided for the collection of recyclable
materials.
6. To the greatest extent practical, composted materials shall be used in landscaped area~. "for. <tiT""
Eastern Dublin developments.
PASSED, APPROVED AND ADOPTED this _ day of
, 1996.
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AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Hlcc-fonns/reso.doc
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