HomeMy WebLinkAboutAGENDA REPORT 1992 0304 CC REG ITEM 08Km
ITEM g
MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
M E M O R A N D U M
tiC I i�i�:
TO: Honorable City Council
t _-r -4N
FROM: Mary K. Lindley,..Assistant to the City Manager
DATE: February 25, 1992 (3/4 Council Meeting)
SUBJECT: Consider Designation of a Local Enforcement Agency
The Integrated Waste Management Act of 1989 (AB 939) requires each
jurisdiction to designate a Local Enforcement Agency (LEA) for the
enforcement of State solid waste laws. The Ventura County Resource
Management Agency, Environmental Health Division has been acting in
this capacity for all of Ventura County since 1977 and is currently
seeking designation under AB 939.
The responsibilities of a LEA include processing solid waste
facilities permits, environmental documents, and closure /post
closure permits; inspection or monitoring of disposal sites,
transfer stations, waste processing facilities and refuse hauling
vehicles; enforcement of health permit violations, illegal dumps
and routine complaints; and site plan reviews.
The Integrated Waste Management Act identifies four options that
will satisfy the LEA designation requirements:
1. Designate a County -wide LEA, in which the LEA would have
the authority to enforce State statutes and regulations
in both the incorporated and unincorporated areas of
Ventura County.
2. Each city and the County elects to be the designated LEA
within their respective jurisdictions. (A jurisdiction
can only act as an LEA if a waste facility is located
within its boundaries.)
3.
PAUL W. LAWP.ASON JR
Participate in a joint powers authority.
JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ;OY E TALLEY JR.
Mavor Pro Tem Councilmember Councilmember Councilmember
Designation of a LEA
February 25, 1992
Page 2
4. The County and /or City elects not to designate an LEA,
and thus, the State (CIWMB) becomes the LEA within that
jurisdiction.
If all of the cities in Ventura County indicate their intent to
support the designation of the Environmental Health Division as the
LEA, a recommendation will be taken to the Board of Supervisors on
either March 3 or 10 for its consideration. If approved by the
Board of Supervisors, each jurisdiction will then be asked to adopt
a Resolution designating the Environmental Health Division as the
LEA.
Recommendation
Staff recommends that Council support the designation of the
Ventura County Resource Management Agency, Environmental Health
Division as the City's Local Enforcement Agency and direct staff to
notify the County of its intention.
l
RESOURCE MANAGEMENT AGENCY
county vEntura Er.•.i�o�ma -;� -+earl Division
e�C Al (oepo
Z'rCCtCr
March 3, 1992 (Agenda) RECE: VP L
FEB 2 E 92
Board of Supervisors awr
800 South Victoria Ave.
Ventura, CA 93009
SUBJECT: NOTICE OF DESIGNATION TO THE CALIFORNIA INTEGRATED WISTE
MANAGEMENT!' BOARD OF THE ENVIROI+ UMAL HEALTH DIVISION AS
THE LOCAL ENFORCEMENT AGENCY
RECOXNZNDED ACTIONS
1. Designate the Environmental Health Division (EHD) as the Local
Enforcement Agency (LEA) for solid waste handling and disposal
for the County of Ventura, subject to the approval of a
majority of the cities in the County representing a majority
of the incorporated population, and authorize the Chair to
sign the attached Resolution. (Attachment 1)
2. Authorize the Chair to sign a "Notice of Designation"
1000), to the California Integrated Waste Management (Board
designating the Ventura County Environmental Health Division
as the LEA. (Attachment 2)
3. Authorize the Chair to sign the Letter of Intent to appoi-t a
Solid Waste Appeals Hearing Panel. (Attachment 3)
4. Direct staff to report back to the Board on recommendations
for appointments to the Solid Waste Appeals Hearing Pane?.
DISCUSSION
The passage of the California Integrated Waste Management Act (AB
939) mandated numerous changes in California solid caste
regulations. Among those changes affecting local government is a
requirement that local governing bodies formally designate a L cal
Enforcement Agency (LEA) . The LEA performs permitting, inspection,
- and enforcement duties for permitted, closed, abandoned, and
inactive solid waste facilities. The County's Environmental Health
Division is currently the LEA for Ventura County.
1
The changes in State statue 1-_ave provided essentially four (4) LEA
designation options:
a. County -Wide LEA, in which the LEA would have authority to
enforce State statutes and regulations in the
incorporated and u, incorporated areas of the County.
This requires a Resolution by the County Board of
Supervisors (Attachment 2) and Resolutions by a majority
of the cities representing a majority of the incorporated
population. This is the current situation.
b. Each city, and the County, may elect to designate an LEA
within their respective jurisdictions.
C. Each jurisdiction may exercise a joint powers authority.
d. The County and /or the cities elect not to designate an
LEA, and thus, the State (CIWMB) becomes the LEA within
that jurisdiction.
BACKGROUND
The Environmental Health Division (EHD) has been the Ventura County
Solid Waste Local Enforcement Agency since 1977. This designation
was made as part of the adoption of the original County Solid Waste
Management Plan (COSWMP) in 1977, and reconfirmed in 1985. As
previously mentioned, the newly adopted State- regulations require
that each jurisdiction again formally designate an LEA. In
addition to a presentation to the Ventura County Waste Commission,
staff have met with each city manager to inform them of the new
designation requirements and options. All 10 cities have given
support to the idea of maintaining the Environmental Health
Division as the county -wide LEA. Letters of support or verbal
assurances have been received from all 10 cities.
Continuation of the Environmental Health Division as Ventura
County's LEA has been well received and is recommended. Upon
designation by your Board, staff will work with staff of the cities
to obtain the required Resolutions of Approval from each city
council.
No new costs are anticipated as a result of this designation
process because it merely confirms the existing situation.
Hearing Panel
Should your Board elect to designate the Environmental Health
Division as the LEA, regulations require your Board to appoint a
Hearing Panel, independent of your Board, to act as a local appeals
body. This panel would hear appeals by solid waste facility
operators or permit applicants on conditions, denial, suspension
2
and revocation of solid waste facilities permits.
Should your Board proceed with the recommended actica tc �jesi
the Environmental Health Division as the count -gnate
necessary for your Board to a county-wide LEA, it is not
However, the Board must notify polthea earing Pane: at �zis time.
Management Board of its intention California C° In�egra�ed waste
(Attachment 1). It is recommended that the appoint oard direct staff to report back to the Board at a later date to consider this item.
This item has been reviewed b
Administrative Officer and County Coun�sel. offices of the Chief
If you have any questions regardin
Terrence Gilday at extension 2815, g this item, please contact
GJ�
DONALD W. KOEPP, DIRECTOR
ENVIRONMENTAL HEALTH DIVISION
DWK /sam /ehdlea \rh:bdletter.des
Attachments: 1. Resolution
3
2. Notice of
Designation
3. Letter of
Intent
c: City of Camarillo -
Mayor
City of Fillmore -
City Manager
Mayor
City of Moo
Moorpark -
city Manager
Mayor
City of
Ojai _
City Manager's
Mayor
City of
Oxnard -
City Manager
Mayor
City of
Port Hueneme -
City Manager
Mayor
City of
San Buenaventura
- city Manager
Mayor
City of
Santa Paula -
city Manager
Mayor
City of
Simi Valley -
City Manager
Mayor
City of
Thousand oaks -
City Manager
Mayor
City Manager
3
RESOLUTION NO.
A RESOLUTION OF THE COUNTY OF VENTURA DES.G'ATING
THE COUNTY OF VENTURA, RESOURCE MANAGEMENT" AGE2iCY,
ENVIRONMENTAL HEALTH DIVISION AS
THE VENTURA COUNTY LOCAL ENFORCEIiENT 2.zz-1;cY
AS REQUIRED BY
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989
WHEREAS, Section 43203 of the Public Resoux—ces Code (PRC)
authorizes a local governing body to designate a local Enforcement
Agency (LEA) to carry out the provisions of the California
Integrated Waste Management Act of 1989; and
WHEREAS, the Integrated Waste Management Act (PRC 43201) requires
an LEA to,be designated by August 1, 1992; and
WHEREAS, in order to qualify for county -wide designation, the''
majority of cities with a majority of the incorporated population
have notified the County of their intent to approve of this
designation (PRC 43203).
NOW, THEREFORE, BE IT RESOLVED, that the Ventura County Board of
Supervisors designates the Resource Managgement Agency,
Environmental health Division as the county -wide local Enforcement
Agency.
Upon motion of Supervisor , seconded by
Supervisor , and duly carried, the forgoing
Resolution was approved on , 1992.
CHAIR, BOARD OF SUPERVISORS
ATTEST:
RICHARD D. DEAN, County Clerk
County of Ventura
State of California, and
ex officio Clerk of the
Board of Supervisors
thereof.
By
Deputy Clerk
Attachment 1
C: HE _:00
NOTICE OF DESIGNATION
OF LOCAL AGENCY
(14 CCR SECTIONS 18051 & 18052)
ENVIRONME`TAL HEALTH DIVISION
RESOURCE MANAGEMENT AGENCY
(Name of Agency)
COUNTY OF VENTURA
800 S. VICTORIA AVE.
(Street Address)
VENTURA CA 93009
(City) (State)
(Zip)
(Date)
TO: CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
P.tRASE TA" NOTICE that the Environmental Health Division
has
(Name of Local Agency)
been designated as the local agency in:
Yen
(County, City, or S on
Special District) (Date)
( ) Attached is a sheet listing additional jurisdictions.
1-
The designation was made in accordance with California
=lblic Resources Code Section 43203, using the following
P-rocedure:
a- ( x) The local agency was designated by the County
Board of Supervisors, and was approved by a
majority of the cities within the county which
contain a majority of the population of the
incorporated area of the county;
A joint exercise of powers agreement pursuant to
Government Code Section 6500, was formed as
referenced in Public Resources Code Section
43203(b);
Attachment 2
c:'--Xs --c= 1000
;:age 2
C. ( ) The local agency was designated by the
(City) since the city
has decided to designate a separate enforcement
agency;
d. ( ) The County Board of Supervisors designated the
local agency for the unincorporated areas of the
county.
2. The above designation
is
in specific accordance
(is) (is not)
with the designation indicated in the County -wide Integrated
Waste Management Plan.
3. The following are exceptions to our territorial jurisdiction
shown in the first paragraph of this NOTICE: (Please
include a map clearly identifying the jurisdictional
boundaries)
N/A
4. The name and address of the governing body of this local
agency is:
Board of Supervisors — Ventura County
(NAME)
800 S. Victoria Ave. Ventura CA 93009
(Street Address) . (City) (State) (Zip Code)
(805) 654 -2929
(Telephone Number)
5. Name and address of the hearing panel of this local agency
is /are:
(See attached Letter of Intent)
(Name(s))
(Street Address) (City) (State) (Zip Code)
1 1
(Telephone Number)
CIWMB Fcz= 1000
page
6. The person responsible for direction, or management, Of the
local agency and its designated persons are: `
Donald W. Koe , Director
(Name of Local Enforcement Agency Program Manager)
(805) 654 -2818
(Telephone No.)
Terry Gildav, Manager
(Name of Contact Person)
(805) 654 -2815
(telephone No.)
7. All resolutions and other documents relevant
With Public Resources Code Section 43203, and
California Code of Regulations Sections 18051
have been certified and are enclosed.
8• The undersigned certifies that th
to compliance
Title 14
and 18052,
is not the operating unit for any =
solid 9waste handling ory
disposal operation, solid waste facility, or disposal site
in the designated jurisdiction.
9• Attached is a listing of eve
exempt, illegal, and inactive solidiwaste facilityaanddoned,
disposal site in the local agency jurisdiction.
Signed by
(Typed or Printed Name)
-Chair —Board of Supervisors
(Title)
. . .r.
Ralph Chandler, Executive Director
California Integrated Waste Management Board
8800 Cal Center Drive
Sacramento, CA 95826
LETTER OF INTENT TO APPOINT AN INDEPENDENT HEARING PANEL FOE
VENTURA COUNTY
In accordance with Public Resources Code (PRC), Section 43203, the
County Board of Supervisors designated the Ventura County, Resource
Management Agency, Environmental Health Division as the Local
Enforcement Agency by Resolution, dated , 1992. In
addition, the Chair of the Board of Supervisors has signed the
Notice of Designation of Local Agency (CIWMB Form 1000).
Title 14, California Code of Regulations, Section 18081(d) (2),
requires that the Ventura County Board of Supervisors, as Local
Governing Body, appoint an Independent Hearing Panel for solid
waste facilities permit, enforcement, and appeal purposes.
The above mentioned Notice of Designation requires the names of
members and the mailing address of the Hearing Panel. As of the
date of this letter, this information is not yet known.
It is the intent of this Board to provide all required information,
with respect to the appointment and identification of the
Independent Hearing Panel, to the Local Enforcement-Agency and tc
the California Integrated Waste Management Board not later that
August 1, 1992.
JOHN FLYNN, CHAIR
BOARD OF SUPERVISORS
JF /DWR /sal /leaint\rh:hpintent.lea
c: M. Coyle - CIWKB
D. Roepp - EHD /LEA
Attachment 3