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HomeMy WebLinkAboutMINUTES - 07292014 - C.26RECOMMENDATION(S): APPOINT Larry Sweetser to the Local Enforcement Agency (Solid Waste) Independent Hearing Panel to complete the current four-year term expiring on March 31, 2018. FISCAL IMPACT: State law allows an appellant to request a hearing before a hearing panel or hearing officer. This is an unfunded state mandate. The independent hearing panel members receive a per diem of fifty dollars ($50.00) on those days on which the panel meets; the per diem is intended to pay for any personal expenses incurred by the independent hearing panel members. When a hearing is necessary, it is anticipated that significant LEA staff time will be required in preparation for the hearing. The legal, technical, or other resources required of the independent hearing panel for its review and decision making will depend on the nature and complexity of the issue heard. The total cost to the county is not known, since the number these hearings cannot be predicted. Costs incurred in the implementation of the independent hearing panel would be borne by the LEA budget. BACKGROUND: On December 12, 2000, the Board of Supervisors approved a policy on the process for recruiting applicants for selected advisory bodies of the Board. This policy requires an open recruitment for all vacancies to At Large seats appointed by the Board. The Board also directed that the IOC personally conduct interviews of applicants for At Large seats on several boards, committees, and commissions including the Board-appointed seats on the Local Enforcement Agency (Solid Waste) Independent Hearing Panel. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/29/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V 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: July 29, 2014 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: IOC Staff, Health Services, CoB (Maddy Book) C. 26 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:July 29, 2014 Contra Costa County Subject:NOMINATION TO THE LOCAL ENFORCEMENT AGENCY (SOLID WASTE) INDEPENDENT HEARING PANEL BACKGROUND: (CONT'D) > Contra Costa Environmental Health, a division of the Contra Costa County Health Services Department, has been designated by the California Department of Resources Recycling and Recovery (CaIRecycle) as the LEA for all of Contra Costa County except for the City of Pittsburg, which acts as its own LEA. The LEA is required to enforce state minimum standards applicable to solid waste facilities, including landfills and transfer stations. These standards are intended to protect public health and safety, and the environment. The duties of the LEA include issuance of permits, routine inspections, complaint investigations, and enforcement actions. The LEA is required to request hearings before taking certain actions, including the denial, temporary suspension, and revocation of solid waste facility permits under specified conditions. (Public Resources Code, §§ 43200, 44305, 44306). If requested to do so by the person subject to the action, the LEA is also required to hold a hearing (1) upon the issuance of a permit that imposes conditions that the applicant contends are inappropriate, (2) upon the petition from any person requesting the LEA to review an alleged failure of the agency to act as required by law or regulation, and (3) after taking specified enforcement actions, including issuing corrective action orders, issuing cease and desist orders and imposing civil penalties, pursuant to Public Resources Code section 45000 et seq. The Board, acting as the governing body of the Local Enforcement Agency (LEA), may appoint an LEA independent hearing panel consisting of three members pursuant to Public Resources Code section 44308 at any duly noticed public meeting of the Board. The three-member independent hearing panel shall consist of the following members: (1) no more than one member of the Contra Costa County Board of Supervisors; (2) at least one member who is a technical expert with knowledge of solid waste management methods and technology; the technical expert shall have practical technical experience in solid waste facility operations or regulatory oversight programs pertaining to solid waste; experience may include employment in the solid waste industry, private sector providing services to assist in permitting or operation of solid waste facilities, or a government regulatory agency responsible for solid waste facility enforcement; the technical expert shall have a professional license or registration, such as Professional Engineer or Registered Environmental Health Specialist; and (3) at least one member a representative of the public at large who resides in Contra Costa County. A member of the independent hearing panel shall serve for a term of four years, and may not serve more than two consecutive terms. If a member of the independent hearing panel does not complete the member's term, the chairperson of the Board shall appoint a replacement to serve out the remainder of the unexpired term. On November 5, 2013, this Board, acting as the governing board of the LEA, adopted Resolution No. 2013/423 establishing an Independent Hearing Pane. (Pub. Resources Code, § 44308). On March 25, 2014, this Board, acting as the governing board of the LEA, adopted a Board Order appointing Ana Chavez and Darryl Young as the general members residing in Contra Costa County to the LEA IHP and directed LEA staff to continue recruitment for the technical expert member. The LEA continued this recruitment until April 30, 2014, and received applications from Diana Kato and Larry Sweetser. On July 7, 2014, the Committee interviewed and decided to nominate for Board of Supervisors consideration Larry Sweetser to the member seat on the LEA Independent Hearing Panel requiring technical expertise, giving consideration to the application filed by Diane Kato and acknowledging her inability to attend the interview due to a previous commitment. CONSEQUENCE OF NEGATIVE ACTION: If no appointment is made, there will remain a key vacancy on the three-member LEA Independent Hearing Panel. ATTACHMENTS Candidate Application_Larry Sweetser_LEAIHP