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HomeMy WebLinkAboutMINUTES - 01101989 - IO.5 BOARD OF SUPERVISORS I . 0. 5 ^,,..,} FROM: INTERNAL OPERATIONS COMMITTEE V' tra January 9 , 1989 GIJJlG1 DATE: oio CN �' / SUBJECT: LEGISLATION: AB 2831 (La Follette) �/�� ��J SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND Alm JUSTIFICATION RECOMMENDATION: Remove this item as a referral to our Committee. No further action is required. BACKGROUND: On February 9, 1988, the Board of Supervisors referred to our Committee AB 2831 by Assemblywoman Marian La Follette. AB 2831 requires a solid waste facilities permit for a new landfill, or to increase the permitted capacity of an existing landfill, or for a new waste-to-energy facility, or for increasing the capacity of an existing waste-to-energy facility to include a permit condition precluding the facility from accepting any solid waste from a county unless the county from which the solid waste originates has adopted a recycling plan element for its solid waste management plan which describes the actions which will be, taken to reduce the volume of solid waste by 20% through recycling. This condition would be required to be included when the solid waste management plan is first amended after January 1 , 1990 . AB 2831 was passed by the Legislature and signed into law by the Governor on September 30, 1988. It is now Chapter 1588 , Statutes of 1988 . A copy of the chaptered version of the bill is attached. In view of the fact that AB 2831 has been enacted, there is no longer a need for the bill to remain on referral to our Committee. CONTINUED ON ATTACHMENT: _Y YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE _ X APPROOVE OTHER SIGNATURE(S): Sunne W. McPeak Tom Torlakson ACTION OF BOARD ON January 10, 1989 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT _ AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED 04 /O /PAO Community Development Director County Counsel PHIL BATCHEL R. CLERK OF THE BOARD OF Members--Solid Waste Commission SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY M382/7-83 v • e r }I; SOLID WASTE—RECYCLING—PERMIT CHAPTER 1588 ` A.B.No. 2831 y i AN ACT to amend Section 66796.32 of the Government Code, relating to solid waste. [Approved September 30, 1988) [Filed September 30, 1988] LEGISLATIVE COUNSEL'S DIGEST AB 2831, La Follette. Solid waste: recycling. !z Existing law requires a county solid waste management plan revised on or after January 1, 1988, to include a plan which establishes a goal of recycling 20% of the solid waste generated in the county and which establishes actions the county will take to achieve the goal. Existing law also requires an enforcement agency, as defined, to certify that a proposed solid waste facilities permit meets specified criteria, including consistency with standards ' set by the California Waste Management Board and with the county general plan. ;Y This bill would require a solid waste facilities permit, for a new landfill, to increase the permitted capacity of an existing landfill, for a new waste-to-energy facility, or to increases the capacity of an existing waste-to-energy facility to include a permit condition that xs precludes accepting any solid waste unless the county which is the source of the waste has adopted a.recycling plan element, as.specified. The bill would make this requirement applicable to a coup after the first required revision date after January 1 1990 of.the PP county q rY ,r.. county waste management plan,. as specified. :} The bill would make conforming changes to those provisions to become operative if AB 3289.is enacted. ; The people of the State of California do enact as follows.- SECTION ollows.SECTION 1. Section 66796.32. of the Government Code is amended to read: 66796.32. (a) Upon receipt of an application or report required by Section 66796.30, the enforcement agency shall submit a copy of the application or report to the board within seven days. " (b) The enforcement agency shall not issue, modify, or revise a solid waste facilities f; permit unless it has, at,least 45 days in advance, provided the board and the applicant with a copy of the proposed permit, which shall contain the terms and conditions the enforcement agency proposes to establish and unless the city or county in which the site is located has issued a land use permit authorizing the establishment or expansion of the site. (c) Any solid waste facility permit for any new landfill, for laterally expanding or • otherwise increasing the permitted capacity of an existing landfill, for any new waste-to- energy facility, or for increasing the capacity of an existing waste-to-energy facility, shall include a permit condition which precludes the solid waste facility from accepting any solid waste originating in a county which has not submitted a plan to the board meeting 1, the requirements of subdivision (f) of Section 66780.5. This subdivision applies to a county on and after the date which occurs after January 1, 1990, that the county's solid 4502 Additions in text are indicated by underline; deletions by asterlsh " " " Z 19881987-1988 REGULAR SESSION Ch. 15$8 XIII r. waste management plan is required to be revised as specified in subdivision (c) of Section j the 66780.5. ;ram W:m Prior to forwarding a copy of the proposed solid waste facilities permit, the enforcement agency shall certify all of the following findings: (1) The proposed solid waste facilities permit is consistent with the county solid waste t i' management plan prepared pursuant to Section 66780.1. (2) The proposed solid waste facilities permit is consistent with the standards adopted F by the board. j (3) The city or county has found the proposed solid waste facility, if for a new or ; :+ expanded site, consistent with its general plan pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7. U A decision to issue or not-issue the permit shall be made by the enforcement agency , within 120 days of the time application is filed unless waived by the applicant. �f The board shall, in writing, concur or object.to the issuance, modification, or revision ; of any solid waste facilities permit within 40 days of the board's receipt of any proposed solid waste facilities permit submitted under subdivision (b). If the board determines that 4 the permit would.not be consistent with the county solid waste management planor the state standards or if the city or county has.not found, or has failed to make the finding ' that, the proposed solid waste facility is consistent with the applicable general plan, .fter pursuant to Section 66796.41, the board shall object to provisions of the permit, and shall ,olid submit those objections to the enforcement agency for its consideration. . If the board I' .y J g Y e to fails to concur or object in writing within that 40 days, it is deemed to have concurred in the issuance of the permit as submitted to it. )sed SEC. 2. Section 66796.32 of the Government Code is amended to read: irds 66796.32. " (a) Upon receipt of' application or report required by Section 66796.30, the pp� flan, enforcement agency,shall submit a copy of the application or report to the board within f s I the seven days. 1l ease =< ' that x (b) The enforcement agency shall not issue, modify, or revise a solid waste facilities permit unless it has, at least 45 days in advance, provided the board and the applicant IiM aste with a copy of the proposed permit, which shall contain the terms and conditions the lent enforcement agency proposes to establish and unless the city or county in which the site i}N ' the i is located has issued a land use permit authorizing the establishment or expansion of the site. AB c Any solid waste facility permit for any new landfill for laterally expanding or }�'`E�1' otherwise increasing the permitted capacity of an xisting landfill for any new waste-to- 4�, energy facility, or for increasing the capacity of an existing.waste-to-energy facility, shall include a permit condition which precludes the solid waste facility from accepting any solid waste originating in a city, county, or city and county, which has not submitted a l?�: 1t! plan`meeting the requirements of Chapter 9 (commencing with Section 15000) of Division �M(� the 12.1 of the Public Resources Code. This subdivision applies to a city, county, or city and P; thin y county on and after the date which occurs after January 1 1990 that the county's solid I` ;t Gies h waste management plan is required to be revised as specified in subdivision (c) of Section rj 66780.52. it1' ant Ld) Prior to forwarding a copy of the proposed solid waste facilities permit, the ?1'W the enforcement agency shall certify all of the following findings: site the (1) The proposed solid waste facilities permit is consistent with the county solid waste management plan prepared pursuant to Section 66780.1. or (2) The proposed solid waste facilities permit is consistent with the standards adopted ` by the board. Tall (3) The city or county has found the proposed solid waste facility, if for a new or expanded site, consistent with its general plan pursuant to Article 5 (commencing with 1� Section 65300) of Chapter 3 of Division 1 of Title 7. a (e) A decision to issue or not issue the permit shall be made by the enforcement agency slid within 120 days of the time application is filed unless waived by the applicant. ;f�� i., Ch. 1588 STATUTES OF 1988"-. fico. z The board shall, in writing, concur or object,to the issuance, modification, or revision of any solid waste facilities permit within 40 days of the board's receipt of any proposed solid waste facilities permit submitted under subdivision (b). If the board determines.that t,y the permit would not be consistent with the county solid waste management plan or the state.standards.or if the city or county has not found, or has failed to make the finding .;, that, the proposed solid waste facility is consistent with the applicable general plan, s<A pursuant to Section 66796.41, the board shall object to provisions of the permit, and shall .;' submit those objections to the enforcement agency_ for its consideration. If the board :? fails to concur or object in writing within that 40 days, it is deemed to have concurred in the issuance of the permit as submitted to it. SEC. 3. Section 2 of this act shall become operative only if Assembly Bill No. 3298 of 'r NA the 1988-89 Regular Session enacts Chapter 9 (commencing with Section 15000) of: ,ry Division 12.1 of the Public Resources Code and becomes operative on July 1, 1989, m � which case Section 1 of this act shall not become operative. as:` i.