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HomeMy WebLinkAboutMINUTES - 03011994 - 1.9 (2) 1.88 through"• 1.90 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 1, 1994, by the following vote: AYES: Supervisors. Smith,. Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: CORRESPONDENCE 1.88 LETTERS dated January 27, 1994, from Nancy Michel, Appointments Consultant, Senate Rules Committee, State of California, State Capitol, Room 500, Sacramento 95814, advising of the Governor's appointments/reappointments to the California Regional Water- Quality Control Board that are subject to Senate confirmation. ***REFERRED TO DIRECTOR, GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY 1.89 LETTER dated February ' 7, 1994 from Congressman Bill Baker, 1801 North California Blvd, Walnut Creek 94596, advising that he has submitted to the Public Works and Transportation Committee proposals for federal funding for the major highway projects in Contra Costa County, and of his commitment to bringing federal assistance to the transportation needs of the 10th Congressional District. ***REFERRED TO PUBLIC WORKS DIRECTOR V 1.90 RESOLUTION adopted February 9, 1994, by the City Council Cit of Pittsburg, P.O. Box 1518, Pittsburg 94565, requesting a rate hearing for out-of-county wastes, and the imposition of a surcharge and inspection program for all direct-hauled wastes to the Keller Canyon Landfill. ***REFERRED TO DIRECTOR, GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY, AND COUNTY COUNSEL FOR RESPONSE IT IS BY THE BOARD ORDERED that the recommendations as referenced (***) are approved. cc: Corresondents County Administrator Public Works Director Growth Management & Economic Development Agency County Counsel nereby certity that this is a true and correct copy of an action taken and entered on the minutes bf the Board of Su sors�4 the,at sho ATTESTED: 11 PHIL BATCHELOR.Clerk of the Board of Supervisors and County Administrator gy t�LlYt00�� _ jJ .Deputy �+.. 1. clo 3 ' r City ®f Pittsburg Civic Center • P.O. Box 1518 Pittsburg,California 94565 RECEIVED OFFICE OF.THE CITY CLERK FM 15 04 CLERKCBOONTR OF A COSTA CO.�SORS February 8, 1994 Jeanne Maglio Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, 11th Floor Martinez, California 94553 Dear Ms. Maglio: Please find enclosed the City of Pittsburg's Resolution 94-8045, "a Resolution Requesting a Rate Hearing for Out-of-County Wastes and the Imposition of a Surcharge and Inspection Program for all Wastes Direct Hauled to Keller Canyon Landfill." Sincerely, illian J. P. 'dc, City Clerk dk enclosure (1) �-Hgo /9. California Healthy Cities Project �'� National Center/or Public Productivity Exemplary Award - 1993 City of New Horizons 4 State of California County of Contra Costa City of Pittsburg 1, Dorothy Kelleher, do hereby certify that the hereto attached and foregoing document is a full., true and correct copy of Pittsburg City Council Resolution 94-8045 on file in this office of said City. WITNESS, my hand and Official Seal this 1,Ith day of February 1994. vj 0 DorotlKelleDeputy Clerk for Lilliany Clerk 1 f . BEFORE THE CITY COUNCIL.OF THE CITY OF PITTSBURG In The Matter Of: Resolution No. 9A _ 8 0 4 5 A Resolution Requesting A Rate ) Hearing For Out-of-County ) Wastes And The Imposition Of ) A Surcharge And Inspection ) Program For All Wastes Direct ) . Hauled to Keller Canyon Landfill ) WHEREAS, on December 14, 1993, the Contra Costa County Board of Supervisors granted Keller Canyon Landfill a general authorization to import waste.from outside Contra Costa county pursuant to Keller Canyon Landfill Land Use Permit 2020-89 Condition 5.2; and, WHEREAS, this waste may include designated wastes, infectious wastes, wastes requiring special handling, and industrial wastes; and, WHEREAS, the nature of these wastes may preclude handling at a transfer station and thus require the wastes to be hauled directly to Keller Canyon Landfill, thereby avoiding transfer station fees charged for municipal solid waste generated in Contra Costa county ' and disposed of at Keller Canyon Landfill; and, , WHEREAS, wastes hauled directly to Keller Canyon Landfill are charged $56.17 a ton compared to wastes which are processed a transfer station prior to shipment to Keller Canyon which are charged $75.97 per ton; and, WHEREAS, designated wastes; infectious wastes, and wastes requiring special handling generated from within Contra Costa county and those imported from outside the county together may comprise up to 40% of the total waste disposed of in Keller Canyon Landfill, thus effectively reducing the landfill space available to dispose of Contra Costa municipal solid waste; and, WHEREAS, recent Supreme Court decisions, including Chemical Waste Management Inc. v. Hunt (1992) and Fort Gratiot Sanitary Landfill Inc .v Michigan Department of Natural Resources (1992), appear to prohibit Contra Costa County from banning the importation of waste; and, WHEREAS, Section 6.11 of the Keller Canyon Landfill Franchise Agreement requires the Board of Supervisors to set rates for Out-of-County Waste after public review; and, WHEREAS, the Board Order authorizing importation of wastes did not specify a rate for these wastes, thus precluding public review; and, Page One of Two WHEREAS, the Supreme Court decisions cited above prohibit establishing higher rates for Out-of-County Wastes than wastes originating within Contra Costa county; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pittsburg, that the City hereby requests Contra Costa County to: 1) Publicly set rates for Out-of-County Wastes, preferably at a Public Hearing, as' required by Section 6.11 of the Keller Canyon Landfill Franchise Agreement. 2) Impose a Surcharge, such as a Transfer Station Avoidance (TSA) Surcharge, on all wastes which by-pass Contra Costa transfer stations. This Surcharge should be equal to, or greater than the difference between the tipping fee charged at the most expensive Contra Costa transfer station and the tipping fee assessed on wastes hauled directly to the landfill. (Such a Surcharge.is permissible under Section 6.12 of the.Keller Canyon Franchise Agreement and will not contradict the intention of the Supreme Court since it applies equally to in-county and out-of-county wastes.) 3) Institute a load'monitoring and inspection program at the landfill which includes - having at least one independent specialist, funded through landfill fees, on-site during all hours of landfill operation to inspect all direct-hauled wastes and to ensure that the facility does not damage the health and safety of the surrounding community. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting duly held thereof, on the 7 thof February 1994, by the following vote: AYES: Members Canciamilla, -Davis, Lewis, Quesada, Mayor Erbez. NAYS: None. ABSENT:None. ABSTAINED: None. MarTbe , a r ATTEST: 6C\'KatlZr - lian J. Pri ity Clerk Page Two of Two Reso. No. 94-8045 �, t �R 1 • v1� City of Pittsburg Civic Center • P.O. Box 1518 • Pittsburg,California 94565 RECEIVED OFFICE OF.THE CITY CLERK 1504 CLERK ONTR SD OF ORS A COS A C February 8, 1994 Jeanne Maglio Clerk of the'Board of Supervisors County of Contra Costa 651 Pine Street, 11th Floor Martinez, California 94553 Dear Ms. Maglio: Please find enclosed the City of Pittsburg's Resolution 94-8045, "a Resolution Requesting a Rate Hearing for Out-of-County Wastes and the Imposition of a Surcharge and Inspection Program for all Wastes Direct Hauled to Keller Canyon Landfill." Sincerely, LFA' illian J. P 'de, City Clerk dk enclosure (1) v MY California Healthy Cities Pyojea National Center for Public Productivity Exemplary Award. 1993 City of New Horizons i State of California County of Contra Costa City of Pittsburg I, Dorothy Kelleher, do hereby certify that the hereto attached and foregoing document is a full, true and correct copy of Pittsburg City Council Resolution 94-8045 on file in this office of said City. WITNESS, my hand and Official Seal this Ith day of February 1994. DorotlKelleDeputy Clerk for Lilliany Clerk BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In The Matter Of: Resolution No. 9 4- 8 0 4 5 A Resolution Requesting A Rate ) Hearing For Out-of-County ) Wastes And The Imposition Of ) A Surcharge And Inspection ) Program For All Wastes Direct ) . Mauled to Keller Canyon Landfill ) WHEREAS, on December 14, 1993, the Contra Costa County Board of Supervisors granted Keller Canyon Landfill a general authorization to import waste from outside Contra Costa county pursuant to Keller Canyon Landfill Land Use Permit 2020-89 Condition 5.2; and, WHEREAS, this waste may include designated wastes, infectious wastes, wastes requiring special handling, and industrial wastes; and, WHEREAS, the nature of these wastes may preclude handling at a transfer station and - thus require the wastes to be hauled directly to Keller Canyon Landfill, thereby avoiding transfer station fees charged for municipal solid waste generated in Contra Costa county and disposed of-at Keller Canyon Landfill; and, WHEREAS, wastes hauled directly to Keller Canyon Landfill are chprged $56.17 a ton compared to wastes which are processed a transfer station prior to shipment to Keller Canyon which are charged $75.97 per ton; and, WHEREAS, designated wastes;infectious wastes, and wastes requiring special handling generated from within Contra Costa county and those imported from outside the county together may comprise up to 40% of the total waste disposed of in Keller Canyon Landfill, thus effectively reducing the landfill.space available to dispose.of Contra Costa municipal solid waste; and, WHEREAS, recent Supreme Court decisions, including Chemical Waste Management Inc. v. Hunt (1992) and Fort Gratiot Sanit= Landfill, Inc.-v Michigan n Department of Natural Resources (1992), appear to prohibit Contra Costa County from banning the importation of waste; and, WHEREAS, Section 6.11 of the Keller Canyon Landfill Franchise Agreement requires the Board of Supervisors to set rates for Out-of-County Waste after public review; and, WHEREAS, the Board Order authorizing importation of wastes did not specify a rate for these wastes, thus precluding public review, and, Page One of Two WHEREAS, the Supreme Court decisions cited above prohibit establishing higher rates for Out-of-County Wastes than wastes originating within Contra Costa county; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pittsburg, that the City hereby requests Contra Costa County to: 1) Publicly set rates for Out-of-County Wastes, preferably at a Public Hearing, as required by Section 6.11 of the Keller Canyon Landfill Franchise Agreement. 2) ' Impose a Surcharge, such as a Transfer Station Avoidance (TSA) Surcharge, on all wastes which by-pass Contra Costa transfer stations. This Surcharge should be equal to, or greater than the difference between the tipping fee charged at the most expensive Contra Costa transfer station and the tipping fee assessed on wastes hauled directly to the landfill. (Such a Surcharge is permissible under Section 6.12 of the Keller Capon Franchise Agreement and will not contradict the intention of the Supreme Court since it applies equally to in-county and out-of-county wastes.) 3) Institute a load monitoring and inspection program at the landfill which includes - having at least one independent specialist, funded through landfill fees, on-site during all hours of landfill operation to inspect all direct-hauled wastes and to ensure that the facility does not damage the health and safety of the surrounding community. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting duly held thereof, on the 7thof February 1994, by the following vote: AYES: Members Canciamilla, Davis, Lewis, Quesada, Mayor Erbez. NAYS: None. ABSENT;None. ABSTAINED: None. MaTr ATTEST: "J. Pr6if 'ty Clerk Page Two of Two Reso. No. 94-8045 City of Pittsburg Civic Center • P.O.Box 1518 • Pittsburg,California 94565 RECEIVED OFFICE OF THE CITY CLERK 1504 D OF CLERK SC CONTRA A COSTA CO.SqfqFMSOBS February 8, 1994 Jeanne Maglio Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, 11th Floor Martinez, California 94553 Dear Ms. Maglio: Please find enclosed the City of Pittsburg's Resolution 94-8045, "a Resolution Requesting a Rate Hearing for Out-of-County Wastes and the Imposition of a Surcharge and Inspection Program for all Wastes Direct Hauled to Keller Canyon Landfill." Sincerely, illian J. P 'de, City Clerk dk enclosure (1) Lei. .4 California Healthy Cities Project National Center for Public Productivity Exemplary Award - 1993 �''��A� City of New Horizons State of California County of Contra Costa City of Pittsburg I, Dorothy Kelleher, do hereby certify that the hereto attached and foregoing document is a full, true and correct copy of Pittsburg City Council Resolution 94-8045 on file in this office of said City. WITNESS, my hand and Official Seal this th day of February 1994. 0 DorotlKelleDeputy Clerk for Lilliany Clerk BEFORE THE CITY COUNCEL OF THE CITY OF PITTSBURG In The Matter Of: Resolution No. 94- 804 5 A Resolution Requesting A Rate ) Hearing For Out-of-County ) Wastes And The Imposition Of ) A Surcharge And Inspection ) Program For All Wastes Direct ) . Hauled to Keller Canyon Landfill )' •WHEREAS, on December 14, 1993, the Contra Costa County Board of Supervisors granted Keller Canyon Landfill a general authorization to import waste from outside Contra Costa county pursuant to Keller Canyon Landfill Land Use Permit 2020-89 Condition 5.2; and, WHEREAS, this waste may include designated wastes, infectious wastes, wastes requiring special handling, and industrial wastes; and, WHEREAS, the nature of these wastes may preclude handling at a transfer station and - thus require the wastes to be hauled directly to Keller Canyon Landfill, thereby avoiding transfer station fees charged for municipal solid waste generated in-Contra Costa county and disposed of at Keller Canyon Landfill; and, WHEREAS, wastes hauled directly to Keller Canyon Landfill are charged $56.17 a ton compared to wastes which are processed a transfer station prior to shipment to Keller Canyon which are charged $75.97 per ton; and, WHEREAS, designated wastes;infectious wastes, and wastes requiring special handling generated from within Contra Costa county and those imported from outside the county together may comprise up to 40% of the total waste disposed of in Keller Canyon Landfill, thus effectively reducing the landfill space available to dispose.of Contra Costa municipal solid waste; and, WHEREAS, recent Supreme Court decisions, including Chemical Waste'Mana eement. Inc. v. Hunt (1992) and Fort Gratiot Sanitary► Landfill. Inc. v Michigan Department of Natural Resources (1992), appear to.prohibit Contra Costa County from banning the importation of waste; and, WHEREAS, Section 6.11 of the Keller Canyon Landfill Franchise Agreement requires the Board of Supervisors to set rates for Out-of-County Waste after public review; and, WHEREAS, the Board Order authorizing importation of wastes did not specify a rate for these wastes, thus precluding public review; and, Page One of Two WHEREAS, the Supreme Court decisions cited above prohibit establishing higher rates for Out-of-County Wastes than wastes originating within Contra Costa county; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pittsburg, that the City hereby requests Contra Costa County to: 1) Publicly set rates for Out-of-County Wastes, preferably at a Public Hearing, as' required by Section 6.11 of the.Keller Canyon Landfill Franchise Agreement. 2) ' Impose a Surcharge, such as a Transfer Station Avoidance (TSA) Surcharge, on all wastes which by-pass Contra Costa transfer stations. This Surcharge should be equal to, or greater than the difference between the tipping fee charged at the most expensive Contra Costa transfer station and the tipping fee assessed on wastes hauled directly to the landfill. (Such a Surcharge is permissible under Section 6.12 of the.Keller Canyon ' Franchise Agreement and will not contradict the intention of the Supreme Court since it applies equally to in-county and out-of-county wastes.) 3) Institute a load'monitoring and inspection program at the landfill which includes _ having at least one independent specialist, funded through landfill fees, on-site during all hours of landfill operation to inspect'all direct-hauled wastes and to ensure that the facility does not damage the health and safety of the surrounding community. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting duly held thereof on the 7 thof February 1994, by the following vote: AYES: Members Canciamilla, Davis, Lewis, Quesada, Mayor Erbez. NAYS: None. ABSENT:None. ABSTAINED: None. M rbr. � ATTEST: Tian J. Pri kity Clerk Page Two of Two Reso. No. 94-8045