HomeMy WebLinkAboutMINUTES - 06051990 - 1.66 f. ~_ ®06G
TO: BOARD OF SUPERVISORS Contra
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Phil Batchelor, County Administrator County
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DATE: May 29, 1990 q
SUBJECT: LEGISLATION: SB 2221 (Vuich)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICATION
RECOMMENDATION
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 24, 1990 the Board reaffirmed
its support for SB 2221 as it was amended April 2, 1990. On May
15, 1990 SB 2221 was again 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1989) repealed most provisions of law dealing with solid waste,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
CONTINUED ON ATTACHMENTYe s YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
�C APPROVE OTHER
SIGNATURE S: y
ACTION OF BOARD ON June , APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
XI HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT 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 " O
PHIL BATC LOR,CLERK OF TH BOARD OF
Pleasesee Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
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
adoption and submission to the State until 1991 . In the meantime
most of the existing requirements were repealed, meaning that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
approved pursuant to AB 939 , a county solid waste management
plan which was in compliance with law and regulations
existing 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 as it relates to the
consideration, modification, or expansion of a solid waste
facility. 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 except as provided.
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 in
compliance with law and regulations on December 31, 1989 or
for facilities not identified in a solid waste management
plan 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, where there is no feasible alternative
to the granting of the waiver and where granting the waiver
will be consistent with and will not substantially impede or
impair progress toward the goals and objectives outlined in
specified statutes.
SB 2221 also contains an urgency clause and. thus would become
effective upon approval by the Governor.
SB 2221 has passed the Senate Natural Resources and Wildlife
Committee and Senate Appropriations Committee and is now awaiting
a vote on passage on the Senate Floor.
.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
continue to indicate its support for SB 2221.
cc: Senator Vuich
County Administrator
Community Development Director
Solid Waste Manager
County Counsel
Les Spahnn, SRJ. Jackson, Barish & Associates