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Home My WebLink AboutMINUTES - 02121991 - 1.64 1.®064 � TO: BOARD OF SUPERVISORS HARVEY E. BRAGDON _ \` `� ) tm FROM: •; DIRECTOR OF COMMUNITY DEVELOPMENT a, y ,;, . - •E Coda. DATE: January 23, 19 91 °asr�.�--•nom COUNY . SUBJECT: LETTER FROM THE SEWER AND WATER AGENCIES OF CONTRA COSTA COUNTY REGARDING THE COUNTY'S AB 939 PLANNING SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACCEPT the staff .report regarding the letter .from the Sewer and Water'Agencies of Contra Costa County, dated November 5, 1990, in which they request participation "from.the beginning" in the AB 939 planning process. 2 . ACCEPT the report that -Sue McNulty-Rainey, Chair of the Sewer and Water Agencies of Contra Costa County, reported at the December 19, 1990 meeting of the Integrated Waste Management Task Force that the Sewer and Water Agencies will be pursuing legislation that would transfer the authority for AB 939 planning from the County to the franchising sanitary districts. Further, the Contra Costa Integrated Waste Management Task Force at that meeting agreed to consider their . request. 3 . AUTHORIZE the Chair to sign the attached letter to the Sewer and Water Agencies of Contra Costa County advising them of the County's intent to fulfill its responsibility.under State law to prepare the AB 939 plan for unincorporated areas of the County and to ensure that the unincorporated areas meet the AB 939 waste diversion goals. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: xx YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF igARD COMMITTEE' APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON F E Es 17, APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS '.IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. FEB 12W Orig: Community Development Department ATTESTED cc: County Administrator PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY CK:gms 939:SwrH2OAg.bo Letter from the Sewer & Water Agencies of CCC Regarding the County's AB 939 Planning Continued - Page Two BACKGROUND/REASONS FOR RECOMMENDATIONS The Sewer and Water agencies of Contra Costa County have expressed in their November 5, 1990 letter to the Board their vital interest in participating, "from the beginning" in the County's AB 939 planning process. Beyond the fact that staff began the planning process in July, the California Integrated Waste Management Board regulations set forth a lengthy review process for the County's Source Reduction and Recycling Element and Household Hazardous Waste Element. This includes distributing the Preliminary Draft of these documents to affected agencies (which includes the franchising sanitary districts) for a 30-day review period. The Final Draft. of these Elements are submitted also to the Task Force for their review. Membership of the Task Force includes representatives from the Central Contra Costa Sanitary District, the Oakley Sanitary District, and the West Contra Costa Sanitary District. A representative from Delta-Diablo Sanitation District is also a member of the Task Force. Sanitary Districts may also comment on the County's Elements during the public hearing which will be held by the Board for the adoption of the Elements. Furthermore, the franchising sanitary districts may submit, at any time, any items of particular interest or concern to staff so that we may keep them under consideration when preparing the Preliminary Draft Elements. At the December meeting of the Contra Costa Integrated Waste Management Task Force, representatives of the Central .Contra Costa Sanitary District and the West Contra Costa Sanitary District expressed their displeasure in the fact that sanitary districts did not have approval authority over the County's AB 939 Plan. In addition, Sue McNulty-Rainey, the Chair of the Sewer and Water Agencies of Contra Costa County, stated that their group would be proposing legislation to transfer the authority of AB 939 planning for the unincorporated areas to the franchising sanitary districts. Since the County currently carries the risk of potentially being fined up to $10, 000 per :day by the California Integrated Waste Management Board for failure to plan and implement a program to reduce solid waste in the unincorporated areas of the County, it may be advisable to reaffirm that it is the County's intent to carry out the responsibilities as prescribed by State law and to achieve the solid waste reduction goals for the unincorporated areas of the County. For any unincorporated areas franchised by another agency, those agencies should understand that they will need to implement programs set forth in the County's AB 939 Plan. Staff intends, in drafting these plans, to include program options so that there will be flexibility to tailor programs to meet local community needs. CK:gms 939:SwrH2OAg.bo Attachment: Letter to Sewer and Water Agencies of Contra Costa County The Board of Supervisors Contra Clerk of and County Administration BuildingCOSta County Administrator 651 Pine St., Room 106 (415)646-2371 Martinez, California 94553 County Tom Powers,1st District Nancy C.Fanden,2nd District .. •4. Robert I.Schroder,3rd District =, Sunne Wright MCPeaK 4th District Tom Torlakson,5th District _ February 12, 1991 Susan McNulty Rainey; Chair Sewer and Water Agencies of Contra Costa County 5019 Imhoff Place Martinez, CA 94553 D ar This letter is in response to your letter of November 5, 1990 written on behalf of the sanitary districts who franchise garbage collection. As you state in your letter, the County has the responsibility to prepare a Source Reduction and Recycling Element and a Household Hazardous Waste Element for the unincorporated area of the County. Assembly Bill 939 (Statutes of 1990) allows the California Integrated Waste Management Board to assess penalties of up to $10,000 per day on the County for failure to implement these elements. Your November, 1990 letter states that the sanitary districts wish to, "participate, from the beginning, in the planning process." Beyond the fact that the planning process began in July, the California Integrated Waste Management Board's regulations sets forth a lengthy review process which allows the districts ample opportunity to comment on the elements. This includes distributing the Preliminary Draft elements to affected agencies (which includes franchising sanitary districts) for a 30-day review period, and submitting the Final Draft elements to the Task Force for their review. As you know, the Task Force has representation from Central Contra Costa Sanitary District, the West County. Sanitary District, Delta-Diablo Sanitation District and the small sanitary districts. In addition, the Board of. Supervisors encourages the sanitary districts to submit to staff any items of particular interest or Susan McNulty-Rainey Date: February 12, 1991 Re: Sanitary Districts 72- File: R-55B concern so that they may be considered during the preparation of the preliminary.draft elements: Sincerely, KRI Tom Powers, Chair Board of Supervisors TP/CK:gms 939z:MeNu1ty.hr cc: Board Members Community Development Department Byron Sanitary District Central Contra Costa Sanitary District Crockett-VaIona Sanitary District Mt. View Sanitary District, Rodeo Sanitary District West Contra Costa Sanitary District File R=55B