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HomeMy WebLinkAboutAGENDA REPORT 1992 1216 CC REG ITEM 11HMOORPARK ATE"' N• if. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 A G E N D A R E P O R T MCC- 199 /,2 /C. ACTION: 6' L ' , 44Z'41'— �'-- TO: Honorable City Council FROM: Mary K. Lindley, Assistant to the City Manager o) DATE: December 8, 1992 (CC Meeting of 12/16) SUBJECT: Consider and Provide Comment Regarding the Draft Legislation for the Creation of the Ventura County Waste Management Authority. Summary On November 19, the Ventura County Waste Commission (VCWC) directed its staff to release the draft legislation for the creation of the Ventura County Waste Management Authority (VCWMA) to the cities and the Ventura Regional Sanitation District (VRSD) for comment. Council is being requested to discuss the draft legislation and provide comments to VCWC. Background On July 1, 1992, the City Council gave its conceptual approval of the Reorganization Proposal for the Ventura County Waste Management Authority. The Proposal creates a Waste Management Authority empowered to act on behalf of the cities and County for the provision of solid waste. It proposes that the State Legislature transfer specific powers and authorities relevant to solid waste management form local governments to the Authority. These powers and authorities are consolidated into a countywide structure for the mutual benefit of the cities anq County. Included in the purpose of the Authority is: Reduce redundancy and enhance consistency in regulatory activities countywide. Reduce service duplication PAUL W LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR Mayor Mayor Pro Tam Councilmember Councilmember Councilmember Pnnted Or, Rec yc;ed Paoer Draft Legislation for VCWMA December 8, 1992 Page 2 Least -cost pricing through competitive bids Non Discriminatory rate structures and regulated, stable profits for service providers. Provides for complete management of the waste stream. Provides for economy -of -scale in waste processing, marketing, and disposal. Provides for regional and local compliance with State planning and waste diversion mandates. Reduces public liability exposure through the allocation of risk via the creation of public trusts and system contingencies. To date all of the cities, with the exception of Santa Paula, have reviewed and acted upon the Reorganization Proposal. The next step ,- is the introduction of urgency legislation by the State Legislature in the 1993 session. The deadline for the introduction of bills in the new two -year session will fall in the first or second week of March 1993, according to County Solid Waste Department staff. The draft legislation under consideration is attached to this agenda report. Items of significance are as follows: Article 5. Authority Integrity: "No member agency may withdraw from the Authority..." Article 6. Limitations on Power: "...member agency shall no longer have any solid waste flow control..." Article 8. Voting Requirements: "Each member of the board shall have one vote." Article 9. General Powers and Authorities: All of "j" dealing with the ability to adopt and enforce ordinances, and "m" which provides for joint powers agreements. Article 10. Specific Powers: All of "d" dealing with flow control, "h" which identifies the Authority's ability to market materials, "j" which states the Authority's ability to own and /or operate or acquire ownership of any solid waste facility, "k" which deals with VRSD owned facilities, and "m" which addresses the Authority's power to establish and collect fees in pay for its activities. Draft Legislation for VCWMA December 8, 1992 Page 3 Article 11. Assumption and Management of Liabilities: All of "a" which identifies assumption of liabilities. Article 13. Transition to the Ventura County Waste Management Authority: To be discussed further with VRSD. On December 7, the draft legislation was reviewed and discussed by the Public Works, Facilities and Solid Waste Committee of the Council (Montgomery, Wozniak). The Committee expressed concern over Article 11, Assumption of Liabilities. There is no mention of funding liabilities based on wastesheds, as identified in the Reorganization Proposal. Eastern and western wastesheds should also be defined in Article 2. Recommendation Staff and the Committee recommend that the Council discuss the draft legislation for the creation of the Ventura County Waste Management Authority and authorize the Mayor to transmit the Council's comments by way of a letter to VCWC. PROPOSED DRAFT LEGISLATION FOR THE VENTURA COUNTY WASTE MANAGEMENT AUTHORITY CHAPTER _. VENTURA COUNTY WASTE MANAGEMENT AUTHORITY ARTICLE 1. ACT This Act shall be known, and may be cited, as The Ventura County Waste Management Authority Act. ARTICLE 2. DEFINITIONS Unless the context otherwise requires, the definitions in this Article govern the construction of this Chapter. ACT. "Act" means the Ventura County Waste Management Act. AUTHORITY. "Authority" means the Ventura County Waste Management Authority, created by this Act. BOARD. "Board" means the Board of Directors of the Authority. COMPOST. "Compost," "Composted" or "Composting" means the controlled biological decomposition of solid waste. COLLECTOR. "Collector" means any person who collects any solid waste at any time within the jurisdiction of any member agency, whether or not properly permitted or conducted under federal, state or local law. COUNTY HAZARDOUS WASTE PLAN. "County Hazardous Waste Plan" means the Hazardous Waste Management Plan for Ventura County, or modifications thereof, prepared in accordance with Health and Safety Code, commencing with sections 25135 et. seq., as amended. DISPOSE or DISPOSAL. "Dispose" or "Disposal" means the final disposition of solid waste or, as the case may be, hazardous waste onto land or into the atmosphere or water. HAZARDOUS WASTE. "Hazardous Waste" means those wastes defined as hazardous under federal or state law. HAZARDOUS WASTE FACILITY. "Hazardous Waste Facility" means any structure and/or site utilized for disposal of hazardous waste, whether or not properly permitted or operated under federal, state or local law. INTEGRATED WASTE MANAGEMENT ACT. "Integrated Waste Management Act" means the Integrated Waste Management Act of 1989, enacted in Public Resources Code, Sections 40000 et.seq., as amended. MARKET OR MARKETING. "Market or Marketing" means the sale, brokering, and/or manufacturing of solid waste materials either generated by member agencies or received and bulked by an operator. MEMBER AGENCY. "Member Agency" means the County of Ventura and any city, present or future, located within the County of Ventura. OPERATOR. "Operator" means any person who operates a solid waste facility or hazardous waste facility, whether or not properly permitted or operated under federal, state or local law. PERSON. "Person" means an individual, firm, association, copartnership, Political subdivision, government agency, mu nici alit Y, industry, public or private corporation, or any other entity whatsoever. PROCESS or PROCESSING. "Process" or "Processing" means the reduction, separation, recovery, conversion, or recycling of solid waste. RECYCLE. "Recycle," 'Recycled" or "Recycling" means the collecting, sorting, cleansing, treating, and reconstituting of materials that would otherwise be solid waste, and marketing and returning such material to the economic mainstream in the form of raw material for new, reused, or reconstituted products. SOLID WASTE. "Solid Waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including home, industrial and commercial garbage, trash, refuse, paper, rubbish, ashes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes and any other discarded solid and semisolid wastes. Unless otherwise provided herein, "solid waste" shall include any waste that may be recycled, composted or transformed. "Solid waste" shall not include hazardous waste, as defined under federal or state law, except that it shall include any household hazardous waste and any solid waste that has become hazardous due to deterioration or decomposition after disposal. SOLID WASTE FACILITY. "Solid Waste Facility" means any structure and /or site utilized as a solid waste transfer or processing station, composting facility, transformation 2 facility or disposal facility, whether or not properly permitted or operated under federal, state or local law. SOLID WASTE FLOW CONTROL. "Solid Waste Flow Control" means the power and authority to determine how, when and where and under what terms and conditions solid waste generated by, from or within any member agency shall be processed, transformed, composted, recycled, marketed and/or disposed. SOLID WASTE PLANS. "Solid Waste Plans" means any and all plans or any part or element thereof, or any modification thereof, required to be prepared pursuant to the Integrated Waste Management Act, including, without limitation, the Countywide Integrated Waste Management Plan, the Countywide Siting Element, and each member agency's Source Reduction and Recycling Element and Household Hazardous Waste Element. TRANSFER or PROCESSING STATION. "Transfer or processing station" or "station" means those facilities utilized to receive solid waste, temporarily store, separate, convert, or otherwise process solid waste, or to transfer solid waste for transport. "Transfer or processing station" or "station" shall not mean a facility whose principal function is to receive, store, or convert material which has already been separated for reuse and which is not intended for disposal. TRANSFORM or TRANSFORMATION. "Transform" or "Transformation" means incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. ARTICLE 3. AUTHORITY AND BOUNDARIES The Ventura County Waste Management Authority is hereby created. The Authority shall be a legally separate and distinct entity from its member agencies. The territory of the Authority shall be all of the territory of the County of Ventura lying within the exterior boundaries thereof, including the incorporated cities and the islands of Anacapa and San Nicholas. The Authority shall be composed of member agencies, which shall include the County of Ventura and all cities, both existing and future, located within the County of Ventura. ARTICLE 4. AUTHORITY GENERAL PURPOSES The Authority's primary purpose is to provide one regional agency that will manage all solid waste generated by all member agencies, that will make common and consistent policy as to solid waste for all of the member agencies and that will coordinate the processing, recycling, composting, transformation, or disposal of such material. Additional purposes are: coordinated preparation and implementation of solid waste plans and the county hazardous waste plan; provision for regional and local compliance with state solid waste diversion mandates; provision for common ki solid waste flow control; reduction of redundancy and enhanced consistency in regulatory activity pertaining to solid waste and solid waste facilities; reduction in service duplication; creation of .. nondiscriminatory rate structures and stable profits for solid waste facilities; provision for economies of scale; creation of incentives to reduce solid waste generation, to encourage composting, recycling and reuse of solid waste; preservation of the option for the ownership or operation of solid waste facilities by the public sector; and provision for the management and reduction of public liability exposure with respect to solid waste facilities and hazardous waste facilities. ARTICLE 5. AUTHORITY INTEGRITY It is the intent of the Legislature that the Authority and its boundaries maintain their integrity. Hence, the Authority is not a "district" or "special district" for purposes of Government Code section 56036 and the Cortese -Knox Local Government Reorganization Act of 1985 (Government Code section 56000 et seq.). No member agency may withdraw from the Authority except when permitted to do so by amendment to this Act. ARTICLE 6. LIMITATIONS ON POWERS Notwithstanding any other provisions of law, and subject to the provisions of Article 13 hereof, each member agency shall no longer have any solid waste flow control over solid waste generated by, from or within its jurisdiction, and the Ventura Regional Sanitation District shall no longer prepare or implement, or assist in the preparation or implementation, of any solid waste plans and shall no longer engage in the operation and ownership of any solid waste facility. ARTICLE 7. BOARD OF DIRECTORS The Authority shall be governed by a board of directors. The board shall be composed of one member from each city that is a member agency and two members from the County of Ventura. Each agency member shall be an elected council or board member of the respective member agencies. Each agency member shall be elected or appointed by, and shall serve at the discretion of, each respective member agency. For each member there shall also be an alternate, selected in the same manner as the member, and that alternate shall act in case the member is absent or unable to act. ARTICLE 8. VOTING REQUIREMENTS Each member of the board shall have one vote. Except as otherwise provided by law, a majority of the members of the board shall be required to approve or otherwise act on any matter, provided however, that a two - thirds vote of the members of the board shall be required: 1) to establish rates for any solid waste facility; 2) to make any determination regarding solid waste 4 flow control; 3) to make a compelling need determination that any solid waste facility should be operated or owned by the Authority, in accordance with Article 10 hereof; and, 4) to utilize the power of eminent domain for the acquisition of property. ARTICLE 9. GENERAL POWERS AND AUTHORITIES The Authority may: a. Employ a general manager and staff and fix their duties, qualifications, compensation and retirement benefits. b. Retain legal counsel, auditors, engineers, facility managers, private consultants, and advisors by contract or employment. c. Establish offices wherever necessary. d. Sue and be sued. e. Condemn or acquire, by gift, grant, subvention, purchase, transfer or otherwise, and own, control, manage, and dispose of any interest in real or personal property. ,- f. Appoint advisory councils. g. Contract with or establish franchises for private and public entities, located within or outside of Ventura County, to provide or receive services of whatever nature and administer such contractual or franchise relationships. h. Borrow money and incur indebtedness. i. Issue revenue bonds pursuant to Government Code section 54300 et seq. and otherwise. j. Adopt and enforce ordinances that implement the powers and authorities enumerated in this Article and in Article 10, in the manner provided in Government Code section 25120 et seq. The board may establish misdemeanors and/or civil penalties for violation of its ordinances. Said civil penalties shall be paid to the Authority. k. Make and enforce all rules and regulations necessary for the administration of the Authority and adopt regular procedures for exercising its powers that are not in conflict with state law. 1. Make plans, designs, design criteria, surveys, studies and investigations to carry out any of the powers and authorities enumerated in this Article and Article 10. m. Enter into joint powers agreements and memorandums of understanding with other governmental entities. n. Do all things necessary for the performance of its designated duties and fulfillment of its responsibilities and obligations as provided in this Act. ARTICLE 10. SPECIFIC POWERS The Authority shall have the following authority and specific powers which, unless otherwise indicated, may be exercised by ordinance or resolution without the separate concurrence of the member agencies: a. The Authority shall serve as the Local Task Force in the County of Ventura, pursuant to the Integrated Waste Management Act, and shall have all those powers associated therewith. The Authority shall plan and coordinate on a countywide basis all solid waste facilities, solid waste plans and the county hazardous waste plan and shall also assist and coordinate the implementation of all solid waste plans and the county hazardous waste plan. The Authority shall monitor, administer and periodically review said plans and may perform waste characterization studies and audits. The Authority shall prepare documents required by the California Environmental Quality Act, and review and comment on environmental documents. The Authority may conduct legislative monitoring and advocacy related to solid waste or hazardous waste. b. The Authority shall prepare for the member agencies and recommend to the member agencies for adoption, all solid waste plans and the county hazardous waste plan, and any modifications thereto. Each member agency shall retain the power to adopt and the liability for adopting such plans, as may otherwise be required by law. Where the Integrated Waste Management Act or any other law requires that any member agency prepare all or any part of said solid waste plans or the county hazardous waste plan, said member agency may, in its discretion, prepare such plans at the member agency's expense, without the assistance of the Authority. c. The Authority shall assist the member agencies in the implementation of solid waste plans and the county hazardous waste plan, so that said plans are implemented in compliance with all federal, state and local laws and regulations. Said assistance shall include assisting member agencies to achieve compliance with all waste diversion mandates of the Integrated Waste Management Act. Such assistance may include, without limitation, the creation, coordination and implementation of solid waste and household hazardous waste programs, hazardous waste programs, source reduction programs, recycling programs, composting programs, transformation Programs, public education programs, and market development programs, on both local and regional levels. Notwithstanding the above, each member agency shall retain its responsibility and liability for implementing solid waste plans and the county hazardous waste plan, as may otherwise be required by the Integrated Waste Management Act or any other applicable law. C • d. The Authority shall exercise all solid waste flow control with respect to all solid waste generated by, from or within any member agency. The Authority shall determine all solid waste facility requirements to accommodate and manage such solid waste generated by or from all member agencies and may determine where such solid waste facilities shall be located and their character. The Authority shall also determine with which solid waste facilities it shall do business and the terms and conditions under which it shall do business. Subject to these limitations, each member agency shall retain the power to own or operate solid waste facilities or hazardous waste facilities. e. The Authority may regulate any publicly or privately owned solid waste facility wherever located within the Authority's jurisdiction with respect to all matters that may affect the health and safety of the public, and shall have the exclusive power to determine the rates charged to the public, member agencies, and collectors for use of any such facility, provided however, that each member agency shall retain all local land use zoning and general plan controls provided by state law, and any state agency and the Local Enforcement Agency, designated pursuant to the Integrated Waste Management Act, shall retain all powers with respect to regulation of solid waste facilities and the issuance and administration of permits for such facilities, required by the Integrated Waste Management Act or any other state law. The Authority may regulate solid waste facilities by ordinance or by contract or franchise, or both, as may be required by the Authority. f. The Authority may regulate collectors of solid waste with respect to all matters that may affect the health and safety of the public, including without limitation the rates charged for use of the collector's services, provided however, that no such regulation shall be effective within the jurisdiction of any member agency unless that member agency consents for the Authority to so act in that member agency's jurisdiction. Where such consent has been obtained, the Authority may regulate collectors by ordinance or by contract or franchise, or both, as may be required by the Authority. g. The Authority shall be assigned, where possible, and shall assume the administration of, any existing contract or franchise between any member agency and any solid waste facility. h. The Authority shall own and may market and sell any product or service resulting from the recycling, composting or transformation of solid waste generated by, from or within the member agencies. The Authority shall determine how net revenue from recycling, composting or transformation shall be utilized but shall utilize such revenue equitably for all member agencies. i. In accordance with Article 11 hereof, the Authority shall manage and, where necessary , pay for those assumed liabilities. The Authority may contest whether such liabilities exist and may seek reimbursement for any such liabilities from any responsible party, other than member agencies or the Ventura Regional Sanitation District. j. The Authority may own and/or operate or acquire ownership or operation of any solid waste facility, or any other facility, such as a facility for manufacturing product from recycled material, provided however, that the board first makes a determination that there is a compelling 7 NI_ need for such public ownership or operation. To make such a determination, the board must find that one or more of the following findings are true: (1) That continuous and dependable service for public health and safety cannot be provided by the private sector; (2) That compliance with applicable laws, regulations, policies and objectives at levels which meet or exceed environmental standards of the community cannot be provided by the private sector. (3) That private sector participation alone will fail to ensure diversity within the system, and will result in the pervasive and unregulated control of essential solid waste facilities by a single private operator; (4) That public accountability, full public disclosure, public decision making, or controlled costs cannot be provided by the private sector; (5) That maximum recovery of resources and return on investment to the public cannot be provided by the private sector; or, (6) That private sector participation will increase costs to ratepayers or increase public liability exposure. k. Notwithstanding the provisions of subparagraph j., the Authority shall assume control '�- over, ownership of, and liability for, and may operate where the board deems appropriate, all solid waste facilities now or at any time owned or operated by the Ventura Regional Sanitation District. The Authority shall receive funding from any property tax reallocation, by statute or otherwise, and shall receive the Ventura Regional Sanitation District's fund balances relating to any solid waste activities, including without limitation closure and post - closure accounts, and all operating equipment used for solid waste operations. I. Where the Authority is the owner or operator of any solid waste facility or any other facility, the Authority shall have all those powers attendant to such ownership or operation including, without limitation, the power to manage such facilities, to construct, improve, or extend such facilities, to contract with private and public entities, wherever located, to provide or receive services or products related to such operations, to establish, adjust and impose rates for use of said facilities, and to purchase, lease or rent all types of equipment related to such operations. The Authority's operation and/or ownership of existing facilities shall be reevaluated every 3 -5 years to determine if such operation and/or ownership should be continued pursuant to the findings of compelling need in this Article 1088. m. The Authority shall have the power to and may establish, adjust, impose and collect fees in amounts sufficient to pay for all of the Authority's direct and indirect costs or expenses associated with any of the Authority's activities or the Authority's assumption of liabilities authorized by this Act. Said fees may be imposed on users, collectors, operators or solid waste 8 facilities, privately or publicly owned, or in any combination thereof, wherever located within the jurisdiction of any member agency. Fees established to pay for liabilities assumed in accordance with Article 11 hereof shall be imposed in the western or eastern region of Ventura County, as the case may be, where the solid waste facility giving rise to such liability is located. If solid waste facility giving rise to such liability is located in the northern area of Ventura County, such fees shall be imposed throughout the entire Authority. ARTICLE 11. ASSUMPTION AND MANAGEMENT OF LIABILITIES a. Except as otherwise limited by this Article, the Authority shall assume any and all known or unknown liabilities of each member agency, and of any dependent agency or district thereof, and of the Ventura Regional Sanitation District, related directly or indirectly to being an owner or operator at any time of any solid waste facility or any hazardous waste facility, whether or not permitted or legally operated. Said assumption of liability shall not include any liability associated with the generation, use, storage, or transport of hazardous waste or solid waste by any member agency, except the Authority shall assume such liability where that liability relates to the remediation of a solid waste facility or hazardous waste facility for which the Authority has otherwise assumed liability. b. The Authority may, but is not required, to assume the following liabilities of any member agency: (1) Those liabilities of any member agency associated with allowing residential or commercial development at or near a solid waste facility or a hazardous waste facility where the Authority is otherwise required to assume any liability of any member agency in accordance with subparagraph a. hereof. (2) Those liabilities known at the time the solid waste facility or hazardous waste facility was acquired or was operated by the member agency, if said facility was acquired or operated by the member agency after formation of the Authority. (3) Those liabilities of a member agency associated with a solid waste facility or hazardous waste facility that the member agency refuses to deed to the Authority if that member agency continues to own the site. c. The Authority shall indemnify and hold harmless each member agency, any dependent district or agency thereof, and the Ventura Regional Sanitation District, and any director, supervisor, manager, employee, agent or servant of any such entity, with respect to any liability assumed in accordance with subparagraph a. hereof. Such indemnity shall include the costs of defense associated therewith. With respect to any liability assumed by the Authority under subparagraph b. hereof, the Authority shall only indemnify and hold harmless the same persons if the Authority expressly undertakes such indemnification at the time of the assumption of such liability or thereafter. 0 d. The Authority may, when requested by a member agency, assist in managing and -- funding nonassumed liabilities of any member agency if such liabilities relate directly or indirectl to solid waste or hazardous waste or to any solid waste facility or hazardous waste facility. y ARTICLE 12. FINANCIAL MANAGEMENT AND AUDITS Each year the Authority shall cause to be conducted an audit of its financial affairs. At least eve ry three years, the Authority shall also cause to be conducted a management audit to determine the efficiency of the Authority's operations, including without limitation, a cost - benefit analysis of all major programs and operations. Such audits shall be published annually by the Authority. Y ARTICLE 13. TRANSITION TO THE VENTURA COUNTY WASTE MANAGEMENT AUTHORITY [To be determined] ARTICLE 14. URGENCY LEGISLATION This Act is an urgency statute necessary for the immediate preservation of the ublic health, or safety within the meaning of Article IV of the Constitution and shall p peace, effect. The facts constituting the necessity are: g o into immediate In order to implement solid waste diversion goals throughout Ventura County as soon which such goals are required by the Integrated Waste Management Act, it is necessa at possible, Act, which provides for the creation of a new authority to assist in such im lementa ' ry hat this immediate effect. P tton, go into 10