HomeMy WebLinkAbout05/05/1992, C-6 - THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY HEALTH DEPARTMENT - DIVISION OF ENVIRONMENTAL HEALTH AS LOCAL ENFORCEMENT AGENCY TO CARRY OUT PROVISIONS OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989. III IB`Il�lnll��l IpI�1II ��l�l MEEfWG GATE:
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City Of
SA1�n L�IS OBISpO May 92
ITEM NUMBEA:�
.
COUNCIL AGENDA REPORT
FROM: PREPARED BY:
Dave Romero Cyndi Butterfield
Public Works Director Solid Waste Coordinator
SUBJECT:
The designation of the San Luis Obispo County Health Department -
Division of Environmental Health as Local Enforcement Agency to
carry out provisions of the California Integrated Waste Management
Act of 1989.
CAO RECOMMENDATION:
Adopt Resolution approving designation of San Luis Obispo County
Health Department - Division of Environmental Health as Local
Enforcement Agency.
DISCUSSION
Background
The San Luis Obispo Health Department - Division of Environmental
Health was originally designated as Local Enforcement Agency (LEA) in
1977 and has functioned as the LEA for the unincorporated county area
and incorporated .cities since that time. County Environmental Health
is currently responsible for the enforcement of laws and regulations
governing the storage, collection, transportation and disposal of solid
and liquid waste throughout the county.
Under AB 939, the California Integrated Waste Management Act of 1989,
existing LEA's must be redesignated under new requirements. New
Requirements include the addition of a registered civil engineer for
review of technical documents, a stepped-up inspection schedule of all
permitted solid waste facilities, as well as the development and
implementation of inspection, enforcement, and training programs.
Solid waste responsibilities include landfills, composting facilities,
material recovery facilities (MRF's) and transfer stations. Liquid
waste responsibilities include septage and grease trap wastes.
The Solid Waste Task Force (SWTF) has unanimously recommended the
redesignation of County Environmental Health as LEA.
Consequences of Not Taking Recommended Action
If an LEA is not redesignated, the State would take over the role of
solid waste Enforcement Agency. State staff located in Los Angeles
would respond to enforcement needs in San Luis Obispo county. This
would result in a lack of immediate response and increased costs
related to travel expenses. Also, County Environmental Health staff
would respond to collection, storage, transportation and disposal
issues whereas State enforcement would be limited to landfill disposal
issues.
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Local Enforcement Agency
Page 2
FISCAL IMPACT
The new requirements mandated under AB 939 will increase the cost of
enforcement. Current revenues for enforcement programs are fee based
and the sources are landfills, collectors, septage sites and septic
pumpers. County Environmental Health intends to meet increases in the
cost of expanded programs under AB 939 with increases in the existing
fee based revenues and does not intend to charge jurisdictions
directly. Although an as yet unknown increase in rates may result from
service fee increases, the City will experience no direct fiscal impact
as a consequence of redesignation of County Environmental Health as
LEA.
Attachment: Resolution
I
I
i
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY HEALTH
DEPARTMENT - DIVISION OF ENVIRONMENTAL HEALTH AS SOLID WASTE
ENFORCEMENT AGENCY FOR THE CITY OF SAN LUIS OBISPO
WHEREAS, the County of San Luis Obispo and its incorporated
cities are required by Sections 43202-03 of the Public Resources
Code to designate an enforcement agency to carry out the
provisions of the California Integrated Waste Management Act of
1989; and
WHEREAS, the San Luis Obispo Health Department - Division of
Environmental Health possesses the required capabilities in solid
waste enforcement to implement enforcement provisions of the
California Integrated Waste Management Act of 1989 and the
regulations and ordinances that have been and will be adopted
pursuant thereto; and
WHEREAS, the San Luis Obispo County Health Department -
Division of Environmental Health will provide the technical
expertise, adequate staff resources, adequate budget resources,
and training to carry out the enforcement program specified by
law; and
WHEREAS, it is the understanding of this Council that the
County of San Luis Obispo and a majority of the cities within
said county containing a majority of the population of the
incorporated area of the County of San Luis Obispo intend to
designate the San Luis Obispo County Health Department - Division
of Environmental Health as the enforcement agency for the county
and all cities contained within the county;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo that it hereby approves the designation of the
San Luis Obispo County Health Department - Division of
Environmental Health as the enforcement agency for the City of
San Luis Obispo pursuant to Sections 43202-03 of the Public
Resources Code.
On motion of , seconded by
and on the following roll. call vote:
AYES:
NOES:
ABSENT:
C-�-3
Resolution No.
The foregoing Resolution was passed and adopted this
day of , 1992 .
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Mayor Ron Dunin
ATTEST:
City Clerk, Pam Voges
APPROVED:
City inistrative Officer
Pttt rn
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Public Works Director