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Home My WebLink AboutMINUTES - 05051998 - D5 D, TO: BOARD OF SUPERVISORS PROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR DATE: MAY 5, 1"8 SUBJECT: REGULATION OF GARBAGE TRUCK WEIGHT LOADS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION REENDAT ACCEPT report that indicates enforcement authority for overweight vehicle resides in the California Highway Patrol, Staff should communicate Beard concerns to the CHP. Should committee follow up be necessary the transportation committee would be appropriate. AL IMPAC Extensive pursuit of this issue will require Public Works traffic division staff time. BACKGRO[M/REA`ONS FOR RECOMM 3ATTOM-- On April 14, 1998, while considering a status report on the negotiations between. Browning Ferris Industries and Teamsters Focal 315, and following testimony, the Board of Supervisors voted unanimously to consider the following item, and take the following action: REFERRED to the County Administrator the issue of overweight trucks and consequent safety and/or road damage issues for (1) a :recommendation CONTINUED ON ATTACHMENT: X YES SIGNATURE: r '. RECOMMENDATION OF COUN'T'Y ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ APPROVE —OTHER SIGNATIMWL ACTION OF BOARD ON MAY 5, 19. APPROVED AS RECOMMENDED_X_ OTHER X._ ACCEPTED the report of the County Administrator, and .REFERRED the matter to the Transportation Committee for follow-up with the California Highway Patrol. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN ANIS ENTERED UNANIMOUS{ABSENT 1 ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN, AXES: NOES; ATTESTED �_;�,�.. ABSENT: ABSTAIN: `5 PHIL BATCHELOR,CLERK OF THE BOARD OF SUP ORS AND C UNT"Y ADMINISTRATOR VA:dg BY ` � DEPUTY garbage.bo.wpd Contact: Val Alexeeff(646-1620) CC: County Administrator County Counsel GMEDA Departments Board Order: Regulation of Garbage Truck Weight Leads Page 2 as to which Board committee would be appropriate to review the matter, (2) to identify which law enforcement agencies would have jurisdiction, and (3) to recommend a method of communicating the Board's concerns to those agencies. In addition, we have received supplemental questions from Supervisor Uilkema. The fallowing are comments and responses to the issues raised at the April 14 Board meeting and by Supervisor Uilkema: April 14 Board Meeting (1) Recommendation as to which Board committee would be appropriate to review the matter. The Transportation Committee is the appropriate Board committee, should fallow up be necessary. (2) Identify which law enforcement agencies would have jurisdiction. The California Highway Patrol has jurisdiction over this matter. (3) Recommend a method of communicating the Board's concerns to those agencies. Staff f�'can communicate with CHS and express staff concerns. Staff can invite appropriate parties to discuss the matter at a Berard committee. Supervisor Uilkema Question: What enforcement agency is responsible for monitoring weight of garbage trucks? Reporting mechanism for monitoring violation records? Response: The CHP keeps records. The traffic division of Public Works receives copies of those reports. In the last twelve months, BFI transfer trucks were issued 3 citations for overweight and BFI garbage trucks were issued 22 citations for overweight. There are approximately 17,100 garbage trucks that pass on 680 per year that are subject to the scale which issues citations according to BFI records. Citation logs attached. Question: Does the county have established weight limitations for refuse trucks? Response: The County has not established weight limits for refine trucks. The County is pre-empted. There are load limits on streets, but access for refuse trucks cannot be denied. Board Order: Regulation of Garbage Truck Weight Loads Page 3 Question: Are all garbage handlers in Contra Costa County held to the same weight standard? Response: The general weight standard for trucks is based on the number of axles and the distances between axles and all handlers are held to the same standards. Garbage trucks were exempted from front axle load requirements of 8,000 pounds until 1996 when the front axle weight limit was increased to 20,000 pounds. Question: Are weight standards a part of the franchise agreements? If so, what are the monitoring agreements? Response: Weight standards are not part of the franchise agreements. Weight standards have not been specifically set by local jurisdiction, CCSWA or WCCIWMA, franchise agreements because local government is preempted; trucks vary in weight, garbage haulers insist on flexibility and some local governments would set weights unreasonably low. There is a general provision that haulers must abide by all State laws. Question: Does weight monitoring occur at transfer stations? How? Response: Weight monitoring occurs at transfer stations. Every load is weighed at a transfer station, but there are no monitoring requirements in franchise agreements with weight limits in mind. The normal operation at transfer stations is to weigh in and weigh out to establish load weight. If truck weight is known, a single weigh in will suffice. Records are kept on load weight to monitor charges. The County can review these records to determine if overweight loading is routinely occurring. It is possible that weights could be underestimated at transfer stations, but it is highly unlikely since there would be cause for action by the County, the State Franchise Tax Board and the IRS to claim fraud, since revenues are based on those weights. In addition, the transfer operation would not receive revenue to compensate for waste deposit. Question: What are the responsibilities of the CCCSWA and. WCCIWMA regarding the issue of weight monitoring? Response: There are no responsibilities within CCSWA and.WCCIWMA regarding weight monitoring. Question. Are there weight requirements on all sizes of trucks which are used? Response: There are weight requirements on all sizes of trucks used. * * * * * P A G E 1 BFI - WASTE SYSTEMS OF NORTH AMERICA INC CHP# CA 106560 951 WAT'ERBIRD WAY MARTINEZE, CA 94553 DATA AS OF 14:10 3/30/98 TERMINAL: CCD REQUESTOR: A08654? * * * CARRIER BASIC INFORMATION * * * EMERGF..NL7CY CONTACT(S) : DAY NIGHT NONE ON FILE OWNERSHIP TYPE: CORPORATION EIN: 952772010 CA CORPORATION # PRINCIPAL OFFICER: LYNNE ASHCRAFT PRINCIPAL OFFICE: TELEPHONE: (510) 313-8987 CHP LOCATION CODE: 320 COUNTY CODE: 07 MAILING ADDRESS: PO BOX 23727 PLEASANT HILL, CA 94S23 ?� TYPE OF OPERATION: TRUCK TOTAL TERMINALS: 1 ACTIVE 0 INACTIVE STATUS: ACTIVE EFFECTIVE: 4/22/93 LAST CHP362 UPDATE: 3/03/98 ENTERED INTO MISTER BY CHP LICENSES/OPERATING AUTHORITIES/REGISTRATIONS: US ICC # CA PUC # US DOT # IRP # BASE STATE: HAZARDOUS WASTE REGISTRATION(S) : NONE ON FILE INSPECTION AND MAINTENANCE STATION LICENSE(S) : NONE ON FILE CHP HAZARDOUS MATERIALS LICENSE(S) : NONE ON FILE COMPANY FLEET: TOTAL TRUCKS 14 TRAILERS 14 DRIVERS: 11 NO COMPANY CALIFORNIA MILEAGE ON FILE * * * CARRIER ALSO DOING BUSINESS AS 1. ) BFI-MARTINEZ * * * CARRIER BIT SUMMARY PYMT DATE AMT INSP DATE FC# TERMINAL ADDRESS BIT STATUS EFF DATE 138299 951 WATERBIRD WY 7/17/97 $400 2/18/98 MARTINEZ, CA 94553 MOTOR CARRIER 7/17/97 * * * CARRIER CITATION HISTORY * * * CHP OFFICER DRIVERS DRIVERS CARRIERS DATE TIME AREA ID VIOLATION(S) STATE LICENSE NUMBER NAME 2/20/98 1240 320 06947 35551A CA N2328295 BFICO 2/04/98 0741 391 07741 35551A 00561476 BFI 8/06/97 0945 550 10626 35551A CA C6315018 USAWA 6/23/97 1900 366 11638 *27154 A1116230 BFI *VIOLATION DISMISSABLE BY THE COURT UPON PROOF OF CORRECTION (CHP215) (REFERENCE 40610 CVC) . * * * * * E N D 0 F P A G E 1 * * * * * P A G E 2 BFI - WASTE SYSTEMS OF NORTH AMERICA INC DATA AS OF 14:10 3/30/98 'TERMINAL: CCD REQUESTOR: A08654? CITATIONS PRIOR TO 3/30/97 ARE AVAILABLE BY SPECIAL REQUEST TO COMMERCIAL RECORDS UNIT IN SACRAMENTO. THIS INCLUDES INFORMATION FROM THOSE CITATIONS ENTERED INTO THE SYSTEM BY THE CHP ONLY. IT MAY NOT BE A COMPLETE HISTORY OF THE CARRIERS VIOLATIONS. THE FILE DOES NOT INCLUDE CITATION ADJUDICATION. ACCIDENT INFORMATION PRIOR TO 3/30/97 IS AVAILABLE BY SPECIAL REQUEST TO COMMERCIAL RECORDS UNIT IN SACRAMENTO. NO SPILLS ON FILE * * * CARRIER TERMINAL LOCATIONS FILE TERMINAL LATET CODE STREET ADDRESS CITY TIP RATING 138299 951 WATERBIRD WY MARTINEZ 9455.3 S * * * * * E N D O F P A G E 2 * * * * * P A G E 1 BFI WASTE SYSTEM OF NORTH AMERICA INC CHP# CA 553 441 NORTH BUCHANAN CIR PACHECO, CA 94553 DATA AS OF 13:04 3/30/98 TERMINAL: CCD REQUESTOR: A08654? * * * CARRIER BASIC INFORMATION * * * EMERGENCY CONTACT(S) : DAY NIGHT KEN ETHERINGTON (510) 685-4716 (510) 685-4888 BARBRA HANSON (510) 685-4716 (510) 685-4888 OWNERSHIP TYPE: CORPORATION EIN: 411696636 CA CORPORATION # PRINCIPAL OFFICER: DENNY FENTON PRINCIPAL OFFICE: TELEPHONE: (510) 685-4716 CHP LOCATION CODE: 320 COUNTY CODE: Q� TYPE OF OPERATION: TRUCK HAZARDOUS WASTE TRANSPORTER TOTAL TERMINALS: 1 ACTIVE 0 INACTIVE STATUS: ACTIVE EFFECTIVE: 3/16/87 LAST CHP362 UPDA'T'E: 1/23/98 ENTERED INTO MISTER BY CHP LICENSES/OPERATING AUTHORITIES/REGISTRATIONS: US ICC ## CA PUC # US DOT # IRP # BASE STATE: HAZARDOUS WASTE REGISTRATION(S) : NONE ON FILE INSPECTION AND MAINTENANCE STATION LICENSE(S) : NONE ON FILE CHP HAZARDOUS MATERIALS LICENSE(S) : NONE ON FILE COMPANY FLEET: TOTAL TRUCKS 104 TRAILERS 2 DRIVERS: 139 COMPANY CALIFORNIA MILEAGE: 1993 100,001 1987 990,000 1.) BFI * * * CARRIER ALSO DOING BUSINESS AS 2 . ) BROWN-FERRIS INDUSTRY INC 3 .) PLEASANT HILL BAYSHORE DISPOSAL, INC * * * CARRIER BIT SUMMARY PYMT DATE AMT INSP DATE FC# TERMINAL ADDRESS BIT STATUS EFF DATE 98449 441 NORTH BUCHANAN CIR 7/30/97 $400 2/05/98 PACH CO, CA 94553 MOTOR CARRIES?. 7/30/97 * * * CARRIER CITATION HISTORY * * * CHP OFFICER DRIVERS DRIVERS CARRIERS DATE TIME AREA ID VIOLATION(S) STATE LICENSE NUMBER NAME 3/26/98 0915 320 08240 35551A CA E0721065 BFILY 3/13/98 101.5 320 08240 35551A CA E0721065 BFILY 3/12/98 1030 320 08240 35551A CA E0721065 BFILY * * * * * E N D 0 F P A G E 1 * * * * * P A G E 2 BFT WASTE SYSTEM OF NORTH AMERICA INC DATA AS OF 13:04 3/30/98 TERMINAL: CCD REQUESTOR: A086547 3/10/98 1020 320 08240 35551A CA E0721065 BFILY 3/06/98 0905 320 12108 35551A CA C5518068 BFI 2/19/98 1305 320 08240 35551A CA C2047290 DEBRI 2/02/98 1311 320 08240 ##04454A C2047290 BFI 2/02/98 1310 320 08240 35551A *04000A CA C2047290 BFILY 1/12/98 1330 320 08240 35551A CA N0601660 BFILY 1./07/98 1120 320 08240 35551A CA N2428750 BFILY 12/02/97 0840 320 08240 35551A CA N4270802 BFELY 11/10/97 1240 320 08240 35551A CA N4270802 BFILY 11/04/97 131.5 320 08240 35551A CA N2221815 BFI 9/29/97 1300 320 08240 35551A CA N2428750 PLEAS 8/29/97 0725 320 08240 35551A CA N5262857 BFI 7/17/97 0755 320 08240 35551A CA N0597881 BFI 6/19/97 1340 320 06947 35551A CA M0398375 BFINO 6/12/97 1000 320 06947 35551A CA N2221815 BFIPE 6/09/97 0845 320 06947 35551A CA N0212332 BFI W 6/03/97 1336 320 08240 35551A CA N3473939 BFI 6/03/97 0850 320 08240 35551A CA N4270802 BFI 5/20/97 1005 320 08240 35551A CA E6394610 BROWN 4/24/97 1330 320 08240 35551A CA N3305009 PLEAS *VIOLATION DISMISSABLE BY THE COURT UPON PROOF OF CORRECTION (CHP215) ##VIOLATION DISMISSABLE BY THE CHP UPON PROOF OF CORRECTION (CHP281) (REFERENCE 40610 CVC) . CITATIONS PRIOR TO 3/30/97 ARE AVAILABLE BY SPECIAL REQUEST TO COMMERCIAL RECORDS UNIT IN SACRAMENTO. THIS INCLUDES INFORMATION FROM THOSE CITATIONS ENTERED INTO THE SYSTEM BY THE CHP ONLY. IT MAY NOT BE A COMPLETE HISTORY OF THE CARRIER'S VIOLATIONS. THE FILE DOES NOT INCLUDE CITATION ADJUDICATION. ACCIDENT INFORMATI0N PRIOR TO 3/30/97 IS AVAILABLE BY SPECIAL REQUEST TO COMMERCIAL RECORDS UNIT IN SACRAMENTO. NO SPILLS ON FILE * * * CARRIER TERMINAL LOCATIONS FILE TERMINAL LATEST CODE STREET ADDRESS CITY ZIP RATING 98449 441 NORTH BUCHANAN CIR PACHECO 94553 S * * * * * E N D 0 F P A G E 2 REQUEST TO SPEAK 'FORK (THREE (3) XINUTZ LIMI'T') Complete this form and place it in the box near the speakers' rostrum before addressing the Board.'' Name: ' _I Phone: Address: Ai city: I an speaking for myself or organization: (Hary>;ot organs:■tion) CRECK ONES I wishto speak on Agenda Item # Datei My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider Y v .s' n