HomeMy WebLinkAboutMINUTES - 05211985 - IO.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 21 , 1985 , by the following vote.-
. AYES:
ote:. AYES: Supervisors Powers , Schroder , Torlakson, Fanden
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None.
SUBJECT: Landfill Siting Selection Process
The Internal Operations Committee (Supervisors Torlakson
and Powers) presented to the Board a report dated May 13, 1985 (copy
of which is attached hereto and by reference incorporated herein) on
the landfill siting selection process .
Board members reviewed the recommendations as set forth in
the report and APPROVED Items 1 , 4A, 5 and 6, but DEFERRED action on
Items 2, 3 and 4B.
cc: County Administrator
County Counsel
Community Development Director
Health Services Director
Solid Waste Commission
County Planning Commission
.Central Sanitary District
I hereby certify that this Is a true and correct copy of
an acUor, is%en and entered on ii-te minutes of the
Board of suparvisorc on the date shoven.
ATTESTED: -�'�--_.---
of su;;crvisxs and CJ::;i Administrator
By ��L, Deputy
TO:` BOARD OF SUPERVISORS y
Contra
FROM: INTERNAL OPERATIONS COMMITTEE Costa
DATE: May 13 , 1985 court/
SUBJECT: Landfill Siting Selection Process
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Encourage the efforts of the three privately processed sites
by requesting the Solid Waste Commission and staff of the
Community Development Department to monitor the progress of
the three privately proposed sites, and take appropriate
actions necessary to expedite the permit process.'
2. Direct the Community Development Department to proceed with
a study to identify possible public sites as described in
the "regional approach" alternatives in the staff report on
this subject dated May 9, 1985, including the "phased
approach" whereby the Board of Supervisors is given an
opportunity to discontinue or modify the study after initial
findings have been made.
3. Request the Solid Waste Commission to study and make
recommendations to the Board of Supervisors on available
methods of raising the approximately $110,000 needed to
perform necessary technical work to rank the already
identified sites. One alternative which should be explored
is the imposition of an increase in the solid waste
management planning tipping fee by approximately 10 cents
per ton, to be imposed for the period of time required to
raise the necessary funds.
4. Direct County Counsel and staff of the Community Development
Department to develop a legislative program which can be
shared with this County' s legislative delegation. This
program should include the following elements:
A. Legislation which would authorize the County to
regulate rates at private disposal sites in
non-emergency circumstances.
B. Authorize the County to control the wastestream in the:;`
incorporated and unincorporated area by imposing
conditions upon a land use permit to operate a sanitary
landfill in the unincorporated area of the County.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE �� ,-.,-,OTHER
SIGNATURE(s) Tom Torl akson oOP 4oJe
ACTION OF BOARD ON May 21 , APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator OF SUPERVISORS ON THE DATE SHOWN.
County Counsel
CC: Community Development Director ATTESTED .
Health Services Director PHIL BATCHELOR. CLERK OF THE BOARD OF
Solid Waste Commission SUPERVISORS AND COUNTY ADMINISTRATOR
County Planning Commission
Central Sanitary Dist.
M3e2/7.83 BY DEPUTY
Page 2
5. Request County Counsel to prepare and forward to the Board
an opinion on whether the County currently has authority to
restrict the amount of waste sent to a sanitary landfill on
a ton-per-day basis as a land use permit condition and
thereby force the remaining portion of the wastestream to be
disposed of at a new site.
6. Request County Counsel and staff of the Community
Development Department to provide some additional
clarification for our Committee on the conditions which are
necessary for the Board to consider tipping fee regulations
as an emergency condition.
BACKGROUND:
On March 26, 1985 and April 9, 1985, the Board adopted Orders
directing that a number of reports be made to our Committee on
May 13 , 1985. Our Committee met on May 13 with staff from the
Community Development Department, the County Counsel, County
Administrator' s Office, the Health Services Department, the
Central Contra Costa Sanitary District, the Chairwoman of the
Solid Waste Commission, the Chairwoman of the County Planning
Commission, and Councilwoman Jean Siri from the City of E1
Cerrito.
Before our Committee for consideration were three reports: one
from Paul Kilkenny dated May 9, 1985, subject: "Report on
Landfill Siting Selection Process" ; a second from Mr. Dehaesus
dated May 10, 1985, subject: "Report on Costs for Multiple
Landfill Scenarios" , and a third report from the County Counsel's
Office, subject: "Solid Waste--Landfill Site Regulation through
LUP, Control of Wastestream".
Staff reviewed these reports with the Committee and members of
the audience. In terms of the cost of a single landfill site
versus multiple sites, it is clear from the data presented that
there is no measurable economic advantage to proposing either a
single site or multiple sites.
Mr. Kilkenny then summarized the report on the siting selection
process and reviewed his department' s recommendations. Our
Committee modified those recommendations to the extent of
emphasizing the need for the private landfill applications to be
processed quickly. Our Committee does not mean to imply--nor
should the Board' s adoption of these recommendations imply--that
we are necessarily endorsing one or any of the private
applications; simply that we want the applications processed as
quickly as possible so the Board is aware of what alternatives
they have available. In addition, the recommendation regarding
an increase in the existing tonnage fee was modified in order to
emphasize that an increase in the tonnage fee is only one
possible alternative which should be reviewed, along with any
other alternatives the Solid Waste Commission can identify.
Finally, we have revised staff ' s recommendation regarding the
development of a study to identify a public site to eliminate the
reference to such a site as a "back up" to any of the privately
proposed sites. We are more interested in endorsing a regional
approach to dealing with solid waste disposal and do not wish to
imply at this time endorsement for either a public or a private
site until additional information is available.
There was general agreement, both from Councilwoman Bulman, Chair
of the Solid Waste Commission, and Mr. Bob Baker of the' Central
Sanitary District, that the Board of Supervisors should proceed
to implement Phase 2 of the Central Sanitary Landfill Siting
Study; namely, to identify possible public sites while at the
Page 3
same time not interfering with, nor attempting to preempt, the
development of the private sites.
County Counsel reviewed his report, which generally concluded
that while the Board has broad discretion in determining what
conditions may be imposed upon the grant of a land use
entitlement, the.. County has no general statutory authority to
regulate disposal fees at privately-owned and operated sites,
particularly in non-emergency circumstances. Further, the County
does not have authority to control the wastestream by .imposing
conditions upon a land use permit to operate a sanitary landfill
in the unincorporated area of the County. Therefore, we have
asked staff to prepare legislative proposals which would provide
the County with statutory authority in these areas.
Finally, County Counsel concluded that the Board may impose
reasonable conditions upon a grant of a land use permit to
operate a landfill in order to require usage of
"state-of-the-art" equipment and procedures.
The Board has also directed that a questionnaire be submitted to
all cities, and other franchising jurisdictions, requesting
answers to several questions relating to the ability and
willingness of the franchising jurisdiction to control the
- wastestream and direct it to a public site; the willingness of
the jurisdiction to contribute financially to the development of
a public site, and other related questions. Several responses
have been received, and several others are expected within the
next few days. We have asked staff to summarize these responses
and report them to our Committee in the near future.
The above recommendations are designed to continue the processing
of the private applications; proceed with the study for a public
site; identify possible methods of financing such a study for a
public site; clarify the County' s ability under emergency
conditions to regulate the tipping fee, and as a longer term
objective, develop legislation which would provide the County
with the needed authority to regulate disposal fees in
non-emergency circumstances and control the wastestream.
We believe we have made some significant progress in developing
the process of siting a sanitary landfill and will continue
making reports to the Board as additional information becomes
available.
i