HomeMy WebLinkAboutORDINANCES - 11071989 - 89-81 ' I
ORDINANCE NO. 89- 81
(PROCESS FOR DETERMINING COMPENSATION TO
IMPACTED COMMUNITIES, TO BE PAID BY
BENEFITTING COMMUNITIES, AS MITIGATION FOR
WASTE DIVISION. )
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. SM4KARY. This ordinance sets forth a process for
determining compensation to be paid by benefitted communities to
communities negatively impacted as a result of a significant
diversion of the waste stream; i.e. , the disposal of waste at a
site other its usual place of disposal.
SECTION II. FINDINGS AND PURPOSE. The 1989 County Solid Waste
Management Plan, adopted by the Contra Costa County Board of
Supervisors, recognizes that diversion of the wastestream, i .e. ,
the disposal of waste at a site other than its usual or
historical place of disposal, may cause significant adverse
impacts upon the community surrounding the alternative receiving
disposal site, and that compensation (mitigation) for the impacts
is proper. However, the Plan also recognizes that the
compensation should be fair to both parties, and be founded upon
real impacts. It is not intended to be a revenue measure for the
host community. As a result, the following policy was included
in said plan:
"Compensation for Impacts of Waste Diversion.
Communities benefitting from waste diversions
will fairly compensate impacted communities
for adverse impacts (i.e. , loss of capacity,
increased traffic, etc. ) caused by the waste
diversion. "
This ordinance sets forth a procedural guideline for
determining the proper compensation to impacted communities.
SECTION III. FORMAL NOTICE BY HOST COMMUNITY. Whenever a
community (e.g. , host city(s ) or other community(s) ) believes
that there is a possibility or likelihood that there will be a
significant diversion of waste that will negatively impact the
host community, the host community should provide formal written
notice to the agency with permit authority over the landfill
operator, requesting the permitting agency to commence
negotiations with the host community, the hauler, and other
potentially involved parties as to the appropriate mitigation for
any negative impacts of the diversion upon the host community.
SECTION IV. DISCUSSION. The permitting agency, the host
community, the hauler and other parties shall immediately
commence discussions on appropriate mitigation measures .
Negotiations shall be concluded within 90 days of the date
the host community provided formal notice to the permitting
agency requesting the commencement of negotiations . The 90-day
negotiation period may be extended once for a period of 30 days,
upon agreement of all involved parties.
SECTION V. DETERMINATION OF APPROPRIATE MITIGATION. Whether and
to what extent the host community will be negatively impacted,
including appropriate mitigation measures, will be decided in
accordance with the environmental review process of the .
California Environmental Quality Act. The parties may agree to
mitigation measures in addition to those required by any
environmental review document. However, all mitigation should
bear a direct and reasonable relationship to impacts suffered by
ORDINANCE NO. 89- 81 -1-
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the host community as a result of the diversion; it is not to be
a revenue measure.
The cost of any mitigation measure shall be separately
identified on the customers, garbage bill so that customers will
be informed on the reason for the additional charge.
SECTION VI. SOLID WASTE CONXISSION. Immediately after
conclusion of the 90-day negotiation period (or 120-day
negotiation period if there has been an extension) , the issue of
appropriate mitigation shall be submitted to the Solid Waste
Commission for comment. In appropriate cases, the Solid Waste
Commission may be requested to mediate disputes.
SECTION VII. FINAL DECISION. Unless the parties agree
otherwise, the final decision as to the appropriate mitigation to
a host community for a waste diversion shall be made by the
permitting agency.
SSECTION VIII. EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days of passage shall be
published once with the names of the Supervisors voting for and
against it in the Contra Costa Times, a newspaper published in
this County.
PASSED on November 7, 1989 by the following vote.
AYES: Supervisors Powers , Fanden, McPeak, Torlakson
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
ATTEST: Phil Batchelor, Clerk
of the Board of Supervisors
and County Administrator
By:_ 1111f ji77 il'e�r,2� X > IIS!<s�✓'�
Deputy Board Chair
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