HomeMy WebLinkAboutMINUTES - 04241990 - 1.29 T 0'0911:9 P44
TO: BOARD OF SUPERVISORS Contra
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FROM: .;_ •„
Phil Batchelor, County Administrator of - - s
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DATE: A o� County
April 17 9
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SUBJECT: LEGISLATION: SB 2221 (Vuich)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECONNENDATION
Indicate that the Board of Supervisors continues to SUPPORT SB
2221 by Senator Vuich which would, among other provisions,
require that a Solid Waste Management Plan which was current on
December 31, 1989 and which had been adopted pursuant to the law
as it read prior to January 1, 1990 continue to govern waste
management in affected counties until a new Integrated Waste
Management Plan is approved. Affected cities and counties are
required to be guided by and employ the adopted county solid
waste management plan in the consideration, approval or
disapproval, modification or expansion of a solid waste facility.
No approval of that action is required by the State Integrated
Waste Management Board.
BACKGROUND:
On March 27, 1990 the Board of Supervisors voted to support SB
2221 by Senator Vuich. On April 2, 1990 SB 2221 was amended.
Legislation enacted in 1989 (AB 939, Chapter 1095, Statutes of
1989) repealed most provisions of law dealing with solid waste,
including the requirements for each County to have a Solid Waste
Management Plan. However, this legislation also subordinated its
provisions to any other law which amended the same sections of
law. This has made it very difficult to determine exactly what
law is in effect. Chapter 1095 requires the preparation of a new
Integrated Waste Management Plan, but does not provide for its
d �
CONTINUED ON ATTACHMENT:YeS YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
=APPROVE OTHER
SIGNATURE(S):
&6 �
ACTION OF BOARD ON April-24 , 1990 APPROVED AS RECOMMENDED _2L OTHER
VOTE OF SUPERVISORS
/� I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT 31 ) 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: ATTESTED
APR 2 4 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 10/88 BY DEPUTY
adoption and submission to the State until 1991. In the meantime
the existing requirements were repealed, meaning that there was
no law governing the siting of solid waste facilities or
providing for the many other elements which had been contained in
local Solid Waste Management Plans.
The Board of Supervisors has indicated that it wishes to have the
existing provisions of law left in place until the new Integrated
Waste Management Plan is prepared, approved locally and submitted
to the State for approval.
Several pieces of legislation have been introduced to correct or
clean-up the provisions of solid waste law enacted in 1989. One
of these, SB 2221 by Senator Vuich, would provide as follows:
1. Until a countywide integrated waste management plan is
adopted pursuant to AB 939, a county solid waste management
plan which was current on December 31, 1989 and which was
adopted pursuant to former provisions of the Government Code
as they read prior to January 1 , 1990 shall govern the waste
management of affected cities and counties. Affected cities
and counties are required to be guided by and employ the
adopted county solid waste management plan in the
consideration, approval or disapproval, modification, or
expansion of a solid waste facility. No approval of this
action is required by the State Integrated Waste Management
Board.
2. The State Integrated Waste Management Board is authorized to
approve a solid waste facility permit in counties which did
not have a county solid waste management plan which was
current on December 31, 1989 if specified conditions are
met.
3. In issuing or revising a solid waste facility permit, the
State Integrated Waste Management Board may grant waivers of
individual standards adopted pursuant to current law only
for hardship cases or for experimental purposes.
SB 2221 also contains an urgency clause and thus would become
effective upon approval by the Governor.
In view of the Board of Supervisors expressed interest in having
the previously approved solid waste management plan remain in
existence it is recommended that the Board of Supervisors
indicate its support for SB 2221.
cc: Senator Vuich
County Administrator
Community Development Dir.
Solid Waste Manager
County Counsel
Les Spahnn
SRJ. Jackson, Barish & Assoc.