HomeMy WebLinkAbout02/18/2003, C4 - DESIGNATION OF THE SLO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY (IWMA) AS THE SOLID WASTE LOCAL I
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C I T Y O F SAN LU I S O B I S P O
FROM: John Moss, Utilities DirectoN",*-
Prepared By: Ron Munds, Utilities Conservation Coordinator
SUBJECT: DESIGNATION OF THE SLO COUNTY INTEGRATED WASTE
MANAGEMENT AUTHORITY (IWMA) AS THE SOLID WASTE
LOCAL ENFORCEMENT AGENCY.
CAO RECOMMENDATION
Adopt a resolution designating the IWMA as the solid waste Local Enforcement Agency.
DISCUSSION
The enactment of the California Integrated Waste Management Act of 1989 and the resulting
regulations promulgated in the California Code of Regulations (CCR), Titles 14 and 27,
mandated numerous changes in the way solid waste laws are enforced. Among those changes
affecting local government is a requirement that local governing bodies formally designate a
Local Enforcement Agency (LEA). The LEA performs permitting, inspection and enforcement
duties for permitted, closed, abandoned and illegal solid waste facilities, such as landfills,
compost facilities and transfer stations.
Public Resources Code Section 43203 provides four LEA designation options:
1. A County-wide LEA approved by the County Board of Supervisors and by a majority of the
cities representing a majority of the incorporated population.
2. The County and Cities may enter into a joint exercise of powers agreement to establish a LEA.
3. The City Council may designate a LEA.
4. The County may designate a LEA for the unincorporated area of the County.
In 1992, the County of San Luis Obispo, Environmental Health Division was designated as the
County-wide LEA by the County Board of Supervisors and by a majority of the cities
representing a majority of the incorporated population. Subsequent to this action, the City of
Paso Robles withdrew its designation and is currently relying on the California Integrated Waste
Management Board as the enforcement agency.
At the September 11, 2002 IWMA Board Meeting, staff was directed by the Board (whose
representatives are the five Board of Supervisors and elected officials from the incorporated
cities in the County) to develop a list of options for managing the LEA program. It was the
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Council Agenda Report—IWMA-LEA
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consensus of the Board that the IWMA could better represent the interests of both the
unincorporated county and the cities in regard to solid waste regulation enforcement. At the
November 13, 2002 IWMA Board Meeting, the options were presented and the IWMA Board
directed staff to develop an action plan for the IWMA to become the LEA. On January 8, 2003,
the IWMA Board adopted the action plan and directed staff to prepare the documents required to
switch the LEA from County of San Luis Obispo Environmental Health Division to the IWMA.
As part of the application package, each city must withdraw its designation of the County of San
Luis Obispo Environmental Health Division as its LEA and then designate the IWMA as the
LEA. Adopting the attached Resolution fulfills this requirement. The City of Paso Robles
intends to continue to rely on the California Integrated Waste Management Board as the
enforcement agency for the City of Paso Robles and the city-owned landfill.
There are six active solid waste facilities in the County which are currently inspected and
permitted by County of San Luis Obispo Environmental Health Division. All six facilities are
located in the unincorporated area of the County. Inspection and permitting of these facilities
would become the responsibility of the IWMA. In addition, there are about 25 inactive or
unpermitted facilities which will also be inspected by the IWMA.
CONCURRENCES
The SLO County Board of Supervisors, as members of the IWMA Board, concur with the
recommended action.
FISCAL IMPACT
There is no direct fiscal impact associated with the recommended action. The IWMA has
estimated that it can perform the LEA function at a decreased cost. Since this is a pass through
cost for San Luis Garbage Company and Cold Canyon Landfill, the savings will be reflected in
future solid waste rate applications.
ALTERNATIVES
Retain the County of SLO Environmental Health Division as the LEA. Since there is unanimous
concurrence on the IWMA Board to designate the IWMA as the LEA, staff does not recommend
this option.
ATTACHMENTS
Resolution
Attachment
RESOLUTION NO. (2003 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE DESIGNATION OF THE SAN LUIS OBISPO COUNTY
INTEGRATED WASTE MANAGEMENT AUTHORITY,ENFORCEMENT SECTION, AS
ENFORCEMENT AGENCY FOR THE CITY OF SAN LUIS OBISPO.
WHEREAS, the City of San Luis Obispo is 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 City of San Luis Obispo has previously designated the San Luis Obispo
County Health Department Division of Environmental Health to be the enforcement agency and
now in accordance with Title 14, California Code of Regulations, Section 18056 wishes to
withdraw that designation; and
WHEREAS, the City of San Luis Obispo in accordance with Title 14, California Code of
Regulations, Section 18051 wishes to designate the San Luis Obispo County Integrated Waste
Management Authority Enforcement Section as the enforcement agency; and
BE IT RESOLVED by the Council of the City of San Luis Obispo that it hereby
withdraws the designation of the San Luis Obispo County Health Department Division of
Environmental Health as the enforcement agency and designates the San Luis Obispo County
Integrated Waste Management Authority Enforcement Section as the enforcement agency. This
action is conditioned on the California Integrated Waste Management Board certification of the
San Luis Obispo County Integrated Waste Management Authority Enforcement Section.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of 2003.
Mayor David F. Romero
ATTEST:
Lee Price, City Clerk
APP ED AS TO F
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