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HomeMy WebLinkAboutMINUTES - 09241991 - 2.4 A` TO: BOARD OF SUPERVISORS FROM: Sara Hoffman Solid Waste Manager Ff.'..-.. Contra DATE: September 24, 1991 r Costa SUBJECT: Landfill Sub-County Service Areas Coaty SPECIFIC REQUEST(S) OR RECOMMEN ATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ADOPT the procedure and criteria for determination of landfill sub- county service areas. 2 . DETERMINE that designation of sub-county service areas for landfills is not necessary at this time and DIRECT the Solid Waste Manager to so inform the Marsh Canyon Landfill operator and Keller Canyon Landfill operator. BACKGROUND/REASONS FOR RECOMMENDATIONS Section 4 .2 (b) , Sub-County Service Areas of the Landfill Franchise Agreements with the Marsh Canyon Landfill and Keller Canyon Landfill allow the County to establish landfill wasteshed areas on a temporary or long term basis provided that it establishes the criteria and procedure for doing so prior to October 1, 1991 and after consultation with the landfill operators. - The County must then make an initial determination of the boundaries of the serviice areas, if any, and inform the operators, in writing, of this initial determination prior to the opening date of the landfill. Since it is not yet certain that both these landfills will receive all necessary regulatory permits and/or survive court challenges, the designation of any sub-county service areas is not necessary at this time. The procedure and criteria preserve the Board of Supervisors' ability to protect the interests of the citizens of Contra Costa County in securing long-term disposal capacity without imposing undue burdens on the ratepayers. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION-101F BJAR COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON September 24, 1991 APPROVED AS RECOMMENDED OTHER X Due to lack of a majority vote, no action was taken. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED September 24, 1991 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: Community Development I BY , DEPUTY Staff has consulted with representatives of the Marsh Canyon and Keller Canyon landfills, in accordance with the provisions of the franchises. The proposed procedure and criteria were modified following the consultation. The modified version was then sent for further review and comment. Further comments were received from McCutcheon, Doyle (representing Marsh Canyon Landfill) and appropriate modifications were made to the text. Bruen & Gordon (representing Keller Canyon Landfill) opposes the creation of sub- county service areas (see attached letter) . The Landfill Franchise Agreements provide that the procedure used in establishing sub-county service areas shall include provision for findings by the County necessary to illustrate the basis of the County's decision. The franchise also requires that the criteria shall at a minimum include: • consideration of volumes of solid waste generated from geographic areas. • minimum thresholds of wastestream necessary for economic, efficient and profitable operation of a landfill. • appropriate rate adjustments. • location and activity of transfer stations. Based on the parameters established in the franchises, staff believes that the following procedure and criteria would be appropriate: Proposed Procedure Following a request by a landfill operator or upon its own initiative, the County may establish or modify sub-county service areas in accordance with the following procedure: 1. The County shall send out a notice to the landfill operators advising them that the Board will consider sub-county service areas. The notice shall include the date by which the operator must submit any information which the landfill operator would like the Board to consider regarding any minimum threshold of wastestream necessary for the economic, efficient and profitable operation of the landfill and other information required by the Board of Supervisors from the landfill operator. 2 . A notice of public hearing shall be published in accordance with Board policy. 3 . The Board of Supervisors shall hold a public hearing at which time it will receive and consider testimony from the landfill operators and interested parties and the staff report on the proposed sub-county service areas. 4. In establishing or modifying sub-county service areas, including any terms and conditions of such designations, the Board of Supervisors shall adopt findings that illustrate the basis of the Board's decision. Such findings shall discuss, at minimum: • impact on the ratepayers. • shipment limitations of transfer stations • impact on roads and highways. • impact on landfill disposal capacity. Proposed Criteria In establishing or modifying sub-county service areas, the Board shall consider a staff report which examines, at minimum, the following criteria: 1. Status of existing and approved solid waste disposal facilities in Contra Costa County. 2 . The existing solid, waste management structure in Contra costa County including the service boundaries of local haulers; rate-regulatory boundaries of franchising agencies; and wasteshed areas of transfer stations. 3 . Total volume of waste available for disposal at the landfills located within Contra Costa County, taking into account: a) terms and conditions of any existing disposal commitments or current receipts of waste generated within Contra Costa County; b) terms and conditions of any existing disposal commitments or current receipts. of out-of-county waste; C) materials recovery operations at transfer stations from which waste is transported to the landfills; d) other factors which may increase or decrease the volume of waste available for disposal at the landfills. 4. Minimum thresholds of wastestream necessary for the economic, efficient and profitable operation of the landfill, if such information is available. 5. Impact on the ratepayers, including any probable rate adjustments at the landfill due to anticipated changes in waste volumes and effect on transfer station rates. 6. Public benefit of securing long-term disposal capacity through the operation of more than one landfill in Contra Costa County. 7 . Shipment limitations of- the transfer station (or other point-of-origin of the transfer "vehicles bringing waste to the landfill) including maximum volumes and the logistics of time, distance and any peak our restrictions. 8. Impact of transporting waste on roads and highways including peak hour traffic volumes. 9. The ability of the landfill to process the anticipated volume of waste from its designated sub-county service areas in conformance with its Solid Waste Facilities Permit. 10. Any regulations or requirements of federal, state or regional agencies deemed relevant by the Board of Supervisors. h23 :subcnty.bos MCCUTCHEN, DOYLE, BROWN & ENERSEN COUNSELORS AT LAW SAN FRANCISCb 1331 NORTH CALIFORNIA 13OULEVARD WASHINGTON, O.0 LOS ANGELES POST OFFICE BOX V SHANOH41 gAN JOSE WALNUT CREEK. CALIFORNIA 945416 rAICCI WALNUT GR>:SK TELEPHONE ('10) 337-+3000 Arf"LIA7EO 0eriCr FACSIMILE (C10) 271_.5390 COSTA MESA BANGKOK. September 16, 1991 DIRCCT VIAL NVMMC� (510) 975-531C VIA FAX 646-1309 Ms . Sara Hoffman Solid waste Manager Community Development Department County of Contra Costa 651 Pine Street - Fourth Floor, North .Wing Martinez, CA 94553 Staff Report Landfill Sub-County Service Areas Board Agenda of 9/24/91 Our File No . 72678-001 Dear Ms , Hoffman: I Thank you for the opportunity to comment on !the draft staff report regarding the above subject which is scheduled for hearing by the Board of Supervisors at its meeting on September 24 , 1991 . Our comments follow: 1 . In the second line of the section entitled "Proposed Procedure" , insert following the word "may" and preceding the word "modify" the following: "establish or" . 2 . The franchise agreement requires that the Board adopt findings to illustrate the basis of its decision. In paragraph 4 of the section entitled ''Proposed Procedure" , you reflect that provision and then add a list of findings which are required to be discussed, We question the wisdom of itemizing the findings to be discussed because the `findings are to illustrate the basis of the Board' s decision to be made in the future. Neither staff nor the Board can tell at this time what will. be. the basis of its decision. The findings should accurately and truly reflect the thought processes of the Board - _7 T _== i e BRUEN & GORDON A PRPF94LSIONAL COIwPO►IAYION f990 NORTH CALIFORNIA SOULw..0 'SUIT(IQeO WALNUY ORtGI(,CALIFORNIA 94696 (418)205.3131 PAX(415)8P5.3132 September 18, 1991 Sara Hoffman Solid Waste Administrator County of Contra Costa 651 Pine Street Martinez, CA 94553 ' Re: Sub County Service Areas Dear Sara: As a follow up to our earlier conversation, 1 wanted to advise you that Keller Canyon Landfill Company does oppose Ithe creation of sub county service areas. we believe that the landfill disposal capacity in the County should be left open to free market competitive forces and should not be subject to any artificially created boundaries. In the long run, rate payers will benefit from competitive landfill disposal practices. The creation of sub county service areas to identify a franchise or guaranteed wasteshed zone would run counter to the goal of benefitting rate payers. We do wish to ,thank you for the opportunity to comment on the proposal . Very truly yours, Scott W. Gordon SWG:Jcf cc: Boyd M. Olney, Jr.