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HomeMy WebLinkAboutMINUTES - 09091986 - 2.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 9 , 1986 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None -------------------------------------------------------------------- -------------------------------------------------------------------- SUBJECT: Control7of Solid Wastestream/Host Community Mitigation In response to a Board referral of July 29 , 1986 , Harvey Bragdon, Director of Community Development, presented the attached report on control of the solid wastestream and local host community mitigation. After discussion by Board members, IT IS BY THE BOARD ORDERED that the report from the Director of Community Development is ACCEPTED. IT IS FURTHER ORDERED that the County Administrator, County Counsel and Community Development Director, in coordination with the Solid Waste Commission, are REQUESTED to: 1 ) develop a policy to determine at what point in the process the issue of host community mitigation should be addressed; 2) review and report on the feasibility of requiring the private landfill facility applicants to submit a host community mitigation program; and 3) determine the legal authority of the County to impose such requirements. IT IS FURTHER ORDERED that the County Administrator is REQUESTED to seek an author for legislation related to control of the wastestream, for introduction in the 1987 Legislative session. IT IS FURTHER ORDERED that the County Administrator is REQUESTED to provide, within the next two or three weeks, an update on solid waste activities in the County. cc : County Administrator County Counsel Community Development Director 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Superviso on the date shown. ATTESTED: 9 �� PHIL BATCH OR, Clerk of the Board of Supervisors and County Administrator BY , Deputy Ojos TO: BOARD OF SUPERVISORS FROM: HARVEY E. BRAGDON, DIRECTOR OF COMMUNITY DEVELOPMENT (ACTING) DATE: AUGUST 27, 1986 SUBJECT: CONTROL OF SOLID WASTESTREAM--HOST COMMUNITY MITIGATION Specific Requests or Recommendation(s) b Background & Justification RECOMMENDED ACTION ACCEPT the report from the Director of Community Development explaining local host community mitigation and updating the Board on activities concerning control of the solid wastestream. FINANCIAL IMPACT None REASONS FOR RECOMMENDATION/BACKGROUND On July 29, 1986, the Board referred to County Counsel and the Community Development Department questions concerning local host community mitigation and control of the solid wastestream in the context of the pol icy statements that the Board approved upon recommen- dation of the Solid Waste Commission. The Board further requested that the Community .Development Department review legislative activity relative to control of the wastestream . The attached report is in response to the Board Referral .and recommends no further action by the Board of Supervisors on seeking additional control of the wastestream other than to recommend that cities and sanitary districts acquire ability to direct the solid wastestream. r Continued on attachment: yes Signature: Recommendation of County Administrator en n f Board Comm dee Approve Other: f Sic natures): n of Board on: Approved as Recommended Other Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN _ Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attach (SWbo.fl�it .t9) A ted Orig, Div.: Community Development PHIL BATCHELOR , CLERK cc: County Counsel HE BOARD AND COUNTY County Administrator ADMI TRATOR BY , DEPUTY 'CLERK CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: August 26, 1986A-CONT FILE: R-34 TO: Board of Supervisors FROM: Harvey E. Bragdon Director of Communit SUBJECT: HOST COMMUNITY MITIGL SOLID WASTESTREAM On July 29, 1986, the Board referred to County Counsel and the Community Development Department questions concerning local host community mitigation and control of the solid wastestream in the context of the policy statements the Board approved upon recommendation of the Solid Waste Commission. The Board further requested the Community Development Department to review legislative activity relative to control of the wastestream. County Counsel has reviewed this memo concerning host community mitigation and control of the wastestream, and concurs in its content. Local Host Mitigation The policy adopted by the Board of Supervisors states as follows: "Local host community mitigation means mitigation measures beyond traditional mitigation required by the California Environmental Quality Act (CEQA) . In order to compensate communities for impacts not covered by the CEQA process, proponents of new, expanded, or modified solid waste projects shall be required to meet with the impacted commu- nity to discuss project impacts and mitigation. " The Board asked "What host mitigation measures are available and their application to existing issues?" . In developing this policy statement, the Solid Waste Commission discussed possible host mitigation measures, but decided not to include them within the policy statement because application of the policy statement will be different for each site, depending on the nature of the project and the location of the project. Examples of host community mitigation that were discussed by the Solid Waste Commission include pay- ments of fees, construction of road improvements, construc- tion of parks, and additional operational restrictions. Since the policy statement requires the project applicants to meet with the impacted community, it would be premature Board of Supervisors -2- August 26 , 1986 Host Community Mitigation - Control of Solid Wastestream for staff to list appropriate local host community mitiga- tion measures for any specific project. We wish to remind the Board that local host community mitigation measures are those beyond those required by the California Environmental Quality Act. If the project proponents have a difficult time agreeing with the local impacted community on local host mitigation measures, the County could intervene and mediate the negotiations. Note that the policy statement does not require local host community mitigation in all cases, the policy statement only requires the project proponent to meet with impacted communities in an attempt to reach agreement. Control of the Wastestream The policy statement adopted by the Board, as recommended by the Solid Waste Commission, reads as follows: "Public agencies should acquire the ability to direct their solid wastestream to transfer stations, resource recovery facilities, and landfills, through renegotiation of `fran- chise agreements. In the future, there may be a need to assign solid waste from communities to various facilities in conformance with the Solid Waste Management Plan. The Solid Waste Management Plan must be approved by a majority of the cities containing a majority of the incorporated population, and the Board of Supervisors. Modifications to franchise agreements should also state that the public agency will assign waste from their jurisdiction in accordance with a duly approved County Solid Waste Management Plan. Public agencies should work closely with the private sector in developing the County Solid Waste Management Plan. " This policy statement has two parts. The first part is that cities and sanitary districts need to acquire the ability to direct the wastestream. Currently, only one agency (the City of El Cerrito) has complete authority to direct the wastestream. In order to proceed to the second stage, which is collective (cities, sanitary districts, and the County) control of the wastestream, cities and sanitary districts must first control their own wastestream. The County cannot "order" cities and sanitary districts to renegotiate their franchise agreements to incorporate wastestream control language. On September 10, 1985, the Board requested County Counsel to develop legislation to authorize control of the wastestream through the Solid Waste Management Plan, essentially as described above. The proposed legislation was sent, via the County Administrator' s office, to the County' s lobbyist for consideration of introduction of legislation in January of Board of Supervisors -3- August 26, 1986 Host Comfnunity Mitigation - Control of Solid Wastestream this year. For- various reasons, no legislation was intro- duced. Should the Board feel that this legislation is necessary, an author should be sought for introduction in the 1987 Legislative Session. Note that the proposed legislation does not give the County authority to control the wastestream, but allows for control of the wastestream through the County Solid Waste Management Plan which must be approved by the cities. Given the situation where solid waste collection is performed in accordance with a contract between a city or district and a private company, it is doubtful that the County can obtain complete control of the wastestream without complete cooperation of the agencies and private companies. Although control of the wastestream may be a desirable . authority,it may not be necessary to formalize the situation in the County Solid Waste Management Plan. If there are competing facilities for waste (transfer stations, waste to energy projects, and landfills) , then it may be desirable to direct wastestreams via the County Solid Waste Management Plan. However, if future solid waste facilities are planned in a logical manner, waste will likely be directed voluntar- ily to these facilities without the need for a centrally empowered plan -that specifies certain designations. Our Departments recommend that the .Board not take any action at this time to seek additional control of the wastestream other than to recommend that cities and sanitary districts acquire the ability to direct the solid wastestream in the future. There are currently no bills in the State Legislature concerning control of the solid wastestream. DBOcl CR1:MswHOST.t8 cc: County Counsel County Administrator Solid Waste Commission