HomeMy WebLinkAboutMINUTES - 06252014 - C.25RECOMMENDATION(S):
1. APPOINT Ana Cortez (Richmond) and Darryl Young (San Ramon) to the Local Enforcement Agency Hearing
Panel to four-year terms beginning April 1, 2014 and ending March 31, 2018.
2. DIRECT the County Administrator and the Local Enforcement Agency to continue recruiting to fill the third
panelist seat and to forward any additional nominations to the Internal Operations Committee for consideration.
FISCAL IMPACT:
None.
BACKGROUND:
In 1992, the Board of Supervisors, in its capacity as the governing body of the County Local Enforcement Agency,
adopted Resolution No. 92/153, which among other things appointed the full Board to serve as the hearing panel, a
body that implements enforcement and permitting activities at local solid waste facilities pursuant to a statute that
was later repealed. Under current law, hearings regarding the above matters may be conducted by either a hearing
officer or by a hearing panel, which may be either (1) a panel of three members of the LEA governing body or (2) an
independent three-member panel appointed. (Pub. Resources Code, § 44308.)
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 03/25/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Mary N. Piepho, District III
Supervisor
Contact: Julie DiMaggio Enea
925.335.1077
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: March 25, 2014
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: CAO (Sansoe), CAO (DiMaggio Enea), LEA
C. 25
To:Board of Supervisors
From:INTERNAL OPERATIONS COMMITTEE
Date:March 25, 2014
Contra
Costa
County
Subject:NOMINATIONS TO THE LOCAL ENFORCEMENT AGENCY HEARING PANEL
BACKGROUND: (CONT'D)
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The California Code of Regulations requires the appointment of either an independent hearing panel or hearing
officer when in the jurisdiction of the LEA there exists a publicly owned or operated solid waste facility or
disposal site. In Contra Costa County, the following jurisdictions own solid waste facilities: City of El Cerrito
(Registration Tier Permit Transfer Station), City of Brentwood (Brentwood Transfer Station), City of Martinez
(Martinez City Rubbish-closed landfill), City of Richmond (Naval Fuel Depot Pt. Molate-closed landfill), the
City of Antioch (Antioch City Landfill-closed landfill), and the California Department of Water Resources
(Banks Delta Pumping-closed dump site in Byron). For this reason, CalRecycle has recommended that an
independent hearing panel be established. CalRecycle has also advised that there can be only one LEA hearing
panel.
Among the specific duties of the County LEA are the permitting of solid waste facilities. Solid waste facilities
include solid waste transfer or processing stations, composting facilities, transformation facilities and disposal
facilities. The permitting process includes the issuance of solid waste facilities permits as well as the denial,
revision, modification, suspension and revocation of permits. The County LEA also performs regular inspections
of solid waste facilities. A solid waste facility is required to comply with applicable laws and regulations and the
terms and conditions of any solid waste facilities permit issued by the County LEA to the facility. Compliance is
usually achieved through inspection reports and compliance schedules. Where violations are found, the County
LEA works with affected parties on corrective measures as long as those parties make a good faith effort to
comply with the requirements.
Public Resources Code section 44308 governs appointments to the Hearing Panel as follows:
No more than one member of the Board of Supervisors shall serve on the Hearing Panel.1.
Members of the Hearing Panel shall be selected for their legal, administrative, or technical abilities in areas
relating to solid waste management.
2.
At least one member shall be a technical expert with knowledge of solid waste management methods and
technology.
3.
At least one member shall be a representative of the public at large.4.
A member shall serve for a term of four years and may not serve more than two consecutive terms.5.
On November 5, 2013, the Board of Supervisors adopted Resolution No. 2013/423, establishing the Contra Costa
County Local Enforcement Agency Independent Hearing Panel. The Board decided that it would not appoint one
of its members to the LEA Hearing Panel and subsequently referred to the IOC the recruitment of three County
resident nominees, for BOS consideration, to serve on the panel. On December 9, the IOC approved a recruitment
plan and schedule prepared by the County Administrator’s Office in consultation with Environmental Health,
calling for interviews to be held in February 2014. The recruitment attracted two candidates whose applications
are included in the attached report from the Health Services Department. On March 17, the IOC interviewed Ms.
Cortez and reviewed Mr. Young's application and, today, recommends their appointment to the LEA Hearing
Panel.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to appoint a panel would place the County out of compliance with California Code of Regulations.
ATTACHMENTS
LEA Hearing Panel Recruitment and Applicants Summary