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Home My WebLink About4.06 Solid Waste Mgmt Enforcement Agency 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. a:391ea.agenda#8 ----------------------------------------------------------------------- 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 E u . B IT-� 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 50% Recycled TOO l p 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 rM Recycled .Paper RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** 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 g a:reso-lea.a enda#8 �`��