HomeMy WebLinkAboutMINUTES - 12121995 - C53 TO: BOARD OF SUPERVISORS Contra
Ill a
FROM: VAL ALEXEEFF, DIRECTOR, Costa
GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY
COU*� ��
DATE: December 12, 1995
SUBJECT: KELLER CANYON LANDFILL DIRECT HAUL FEES
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. DIRECT GMEDA staff and County Counsel to draft amendment #2 to the Keller Canyon Landfill
First Amended Franchise Agreement to conform the County fees applicable to direct haul
wastes with the fees applicable to wastes received at the landfill via a transfer station.
2. SCHEDULE amendment #2 of the Keller Canyon Landfill First Amended Franchise Agreement
for consideration by the Board.
FISCAL IMPACT
The establishment of a uniform fee vastly reduces ambiguity and accounting requirements. If a uniform
fee is established for all wastes received at the landfill which was based on the 25% County
Surcharge, AB 939 fee and LEA fee it would produce more revenue than the existing fees currently
applicable to incoming direct haul waste, 10% Surcharge plus other fees.
BACKGROUND:
On November 1, 1994 the Board of Supervisors established a new fee structure for the BFI Transfer
Station and the Keller Canyon Landfill. The fees were established as new franchise agreements for
both facilities were being finalized. \f
CONTINUED ON ATTACHMENT: X YES SIGNATURE: V
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON December 12 , 19 9 5 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
x UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Val Alexeeff (510) 646-1620
cc: Community Development Department ATTESTED December 12 , 1995
Growth Management&Economic Development Agency PHIL BATCHELOR, CLERK OF THE
County Counsel BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CL
0
BY: , DEPUTY
VA:DD:rw
RDD3:KCL-am2.bod
j Board Order
Keller Canyon Landfill Direct Haul Fees
December 12, 1995
-Page 2-
BACKGROUND (CONT'D)
The new fee structure is applied per ton to incoming wastes processed through the Transfer Station
and disposed in the Landfill. The County fees applicable to incoming wastes received at the landfill
via a transfer station became: 25% County Surcharge (calculated from the facilities' base rates), LEA
fee (currently $1.00/ton), and AB 939 fee (currently $0.15/ton). These new fees are not the same
as the fees applicable to wastes hauled directly to the Landfill.
The fees which were imposed on direct haul wastes, under the First Amended Franchise Agreement
for Keller Canyon Landfill, are as follows:
"The surcharge on special handling and/or direct haul waste received at the landfill
other than via a transfer station shall be 10% of the base rate plus all other then-
applicable mandated fees."
The then-applicable mandated fees pertinent to direct haul wastes include the following:
1. State Eastin Bill (CIWMB) $1.34/ton
2. Mitigation Fee $3.00 - $4.00/ton
3. County Franchise/Surcharge 10%
4. LEA $1.00/ton
5. AB 939 $0.15/ton
6. Household Hazardous Waste $2.12/ton*
*(this fee ceased being collected from solid waste facilities effective 7/1/95)
Staff recommends that the Landfill Franchise Agreement be amended to establish equal County fees
which would be applicable to waste received at the Landfill regardless of whether it has first been
processed through a transfer station. The County fees for direct hauled wastes would become the
same as the fees currently charged on waste received via a transfer station. The result of this would
be to assure that no waste received at the landfill will be charged fees at a discount above any other
wastes received at the landfill. The uniform County fees would also resolve current ambiguities. Upon
direction from the Board amendment #2 would be drafted subject to Board approval on a subsequent
date.
Staff recommends that upon Board's approval of amendment #2 and the new County fees applicable
to direct haul wastes, the landfill operator pay the amount due to the County for direct haul wastes
received since November 1, 1994 based on the new uniform County fees.
If problems are created by incoming special wastes, additional studies and measures may be warranted
and would be based on need rather than current revenue and would be funded on a true time and
materials basis.
Prior to approval of the First Amended Franchise Agreement and Amendment #1, the landfill operator
paid annual lump sum amounts towards the County Resource Recovery Management Program (LUP
Condition 31.9) & Resource Recovery Fee (LUP Condition 35.4) which funded resource recovery
activities. These have not been imposed since the changes to the fee structure and Franchise
Agreement approximately a year ago, due in part to the ambiguities regarding these particular fees as
well as the potential inequity in imposing this fee only for direct haul wastes received at Keller Canyon
Landfill.
There are additional costs (not fees) the landfill operator has been and will continue to be required to
pay associated with the Landfill Land Use Permit (LUP) 2020-89 Conditions of Approval. These costs
include but are not necessarily limited to: funding the Implementation and Mitigation Monitoring
Program (Condition 11.6) which covers staff costs, funding for the Development Coordinator
(Condition 11.5) which covers engineering consulting costs, and funding the Property Valuation
Compensation Program (Condition 35.3). These costs are not based on incoming waste amounts but
instead vary dependant on factors such as project activity, billable staff hours and amount of service
required from the consultants.
Staff proposes that the above described Land Use Permit 2020-89 Conditions of Approval requiring
the landfill operator to fund the costs associated with the Implementation/Mitigation Monitoring
Program (Condition 1 1.60, the Development Coordinator (Condition 1 1.5) and the Property Valuation
Compensation Program (Condition 35.3) continue to be enforced as necessary.
RDD3:KCL-am2.bod