HomeMy WebLinkAboutMINUTES - 02072012 - SD.6RECOMMENDATION(S):
1. APPROVE and AUTHORIZE the Board Chair to execute the Agreement Regarding
CCCSWA-EBMUD Food Waste-to-Energy Program (“Agreement”) by and among the
County, Central Contra Costa Solid Waste Authority (“CCCSWA”) and Allied Waste
Systems, Inc. (“Allied”), attached as Exhibit A.
2. APPROVE and AUTHORIZE the Board Chair to execute a letter to the chief officer of
the County Local Enforcement Agency (“LEA”), urging the LEA staff to use its best and
reasonable efforts to expedite the issuance of a revised solid waste facility permit to allow a
food waste-to-energy project to proceed at the Contra Costa Transfer and Recovery Station,
in substantially the form attached as Exhibit B.
FISCAL IMPACT:
The Agreement requires Allied, owner and operator of the Contra Costa Transfer and
Recovery Station (CCTRS) in Martinez, to pay the County solid waste tonnage fees on
commercial food waste that is separately collected by
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/07/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: Marilyn Underwood,
Ph.D., 692-2521
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: February 7, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Jacqueline Pigg, Demetria Gary
SD. 6
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:February 7, 2012
Contra
Costa
County
Subject:Approval of the Agreement Allied Waste Systems for payment of Solid Waste Tonnage Fees by Allied
Waste Systems
FISCAL IMPACT: (CONT'D)
Allied within the jurisdiction of the CCCSWA and received at CCTRS. The Agreement
thus will assist the County in recovering revenues from these fees, which fund costs of
solid waste enforcement incurred by the County LEA.
BACKGROUND:
The Environmental Health Division of the County Health Services Department, in its
capacity as the County LEA, is responsible for solid waste enforcement in all of Contra
Costa County except the City of Pittsburg. Among other duties, the County LEA reviews
applications for, and issues, permits to operate solid waste facilities. The activities of the
County LEA are funded by revenues from a tonnage fee on solid waste received at solid
waste facilities throughout the County. This fee is authorized by Public Resources Code
section 43213 and County Resolution No. 2007/509.
The CCTRS is currently permitted to operate as a transfer station and wood grinding
facility. Allied has requested a revision to the CCTRS permit to also allow the processing
of commercial food waste received at the facility. As part of a project involving Allied,
CCCSWA and the East Bay Municipal Utility District (“EBMUD”), commercial food
waste would be collected separately by Allied and delivered to CCTRS for processing.
After processing, the food waste would be transported to an EBMUD wastewater
treatment plant in Oakland, where the processed waste would be anaerobically digested,
producing methane, which would in turn be used to fuel an on-site power generation
station.
The County LEA has completed an environmental review of the food waste project and
has been working with CalRecycle, the state agency that oversees local enforcement
agencies, to draft a revised permit. As part of that process, CalRecycle advised that the
new permit may not contain a condition requiring Allied to pay the County’s solid waste
tonnage fees. The current CCTRS solid waste facility permit does contain such a
condition. The intent of the condition is to encourage payment of the fees, as
noncompliance with permit conditions can lead to permit suspension or revocation.
Without the condition, if fees are not paid, the County would need to evaluate other
avenues of enforcement. Nonpayment of these fees is a concern to the County LEA, as
Allied disputes that the food waste is subject to the solid waste tonnage fee.
The County LEA disputes CalRecycle’s position, but in the interest of moving the food
waste project forward, devised an alternative approach to the recovery of these fees. In
lieu of the permit condition, staff with the County LEA, CCCSWA and Allied negotiated
the Agreement, under which Allied would be required to pay the fee in return for the
right to pass the cost through to its commercial ratepayers in commercial collection rates
set by CCCSWA. The Agreement would also require this Board to formally request that
the County LEA staff use its best and reasonable efforts to expedite the issuance of the
revised solid waste facility permit to allow the Project to proceed as soon as possible.
Approval and execution of the letter attached as Exhibit B would satisfy the County’s
obligation under Paragraph 3 of the Agreement.
CONSEQUENCE OF NEGATIVE ACTION:
If the Agreement is not approved, and if Allied does not pay the required fees, the
County may need to evaluate other options for compelling payment.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
Speakers: Tim Arganti, Allied Waste Services.
ATTACHMENTS
Exhibit A - Agreement
Exhibit B - Letter