The URL can be used to link to this page

Home My WebLink About048-92RESOLUTION NO. 48-92 RE-DESIGNATION OF THE CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT AS THE SOLID WASTE LOCAL ENFORCEMENT AGENCY FOR THE TOWN OF DANVILLE WHEREAS, on June 6, 1983, with no other organization in place to represent the cities, the City Council of the City of Danville adopted Resolution No. 56-83 designating the Health Services Department of Contra Costa County as the solid waste management LEA; and WHEREAS, under previous law, the Z'berg-Kapiloff Solid Waste Control Act of 1976, Contra Costa County Health Services Department was designated and served as the sole LEA for all cities and unincorporated areas in Contra Costa County; and WHEREAS, the California Integrated Waste Management Board (CIWMB) adopted new regulations governing the designation and certification of LEAs in the areas of technical expertise, adequacy of staff resources, staff training and budget resources effective December 17, 1991; and WHEREAS, as a result, cities must certify and designate their LEA in view of the new standards; and WHERF~S, the Board of the recently formed Contra Costa Solid Waste Authority (CCSWA) has investigated the feasibility of taking over this function from the County for the member cities, of which Danville is one; and WHEREAS, a subcommittee of the CCSWA Board concluded that given the extensive technical expertise and resources required for LEA certification by the CIWMB, the only agency qualified and capable of becoming LEA is the County Health Services Department; and WHEREAS, the subcommittee recommended that the cities redesignate the County Health Service Department as the LEA subject to the following conditions: (1) The city reserves the right to designate another agency as the LEA at any time in the future as provided by law; (2) The Health Services Department and the Contra Costa Board of Supervisors ensure that in its function as the LEA it is independent of direct control by Contra Costa County; (3) Any fees levied relative to its function as LEA must not exceed the actual cost of solid waste enforcement; PAGE 1 OF RESOLUTION NO. 48-92 (4) The Board of Supervisors must appoint an independent hearing panel as follows: 1 member only from the Board of Supervisors 1 technical expert not employed by Contra Costa County or any solid waste facility permitted in the County I council member nominated by the CCSWA I sanitary district board member nominated by the CCSWA I non-elected person representing the public, such as the League of Women Voters, Sierra Club, etc.; and WHEREAS, should the C1WMB not approve the proposed composition for an independent hearing panel that one be established by the CIWMB pursuant to PRC 44801; and WHEREAS, the County's Health Services Department has served as the Town's LEA since 1983, and has requested that the Town redesignate and recertify it at this time; and WHEREAS, the recently formed Contra Costa Solid Waste Authority (CCSWA) has concluded that it is not feasible at this time for the CCSWA to take over this function from the County for the member cities, of which Danville is one; and WHEREAS, the CCSWA has requested that the Town adopt a resolution designating the Contra Costa County Health Services Department as the LEA for the Town; and WHEREAS, the County Board of Supervisors as the local governing body is requested to establish an independent hearing panel for permit, enforcement and appeals; and WHEREAS, as part of the Health Services Department's efforts to become designated and certified, the Notice of Designation (Form 1000) must be executed on behalf of the Town; and WHEREAS, adoption of Resolution No. 48-92 and the executed Form 1000 certifies and designates the Contra Costa County Health Serviced Department as the LEA, affirming Resolution No. 56-83; now therefore be it RESOLVED, that the Town Council of the Town of Danville hereby designates the Contra Costa County Health Serviced Department as the LEA for the Town subject to the following conditions: (1) The city reserves the right to designate another agency as the LEA at any time in the future as provided by law; (2) The Health Services Department and the Contra Costa Board of Supervisors ensure that in its function as the LEA it is independent of direct control by Contra Costa County; PAGE 2 OF RESOLUTION NO. 48-92 (3) Any fees levied relative to its function as LEA must not exceed the actual cost of solid waste enforcement; (4) The Board of Supervisors must appoint an independent hearing panel as follows: 1 member only from the Board of Supervisors 1 technical expert not employed by Contra Costa County or any solid waste facility permitted in the County I council member nominated by the CCSWA I sanitary district board member nominated by the CCSWA 1 non-elected person representing the public, such as the League of Women Voters, Sierra Club, etc.; and be it FURTHER RESOLVED, that by designating the County Health Services Department as the LEA, the County Board of Supervisors, as the local governing body, will establish an independent hearing panel for permit, enforcement and appeals. APPROVED by the Danville Town Council at a Regular Meeting held on April 21, 1992, by the following vote: AYES: LANE, SHIMANSKY, NOES: NONE ABSTAINED: NONE ABSENT: RITCHEY GREENBERG, DOYLE APPROVED AS TO FORM: t CITY ATTORNEY ATTEST: CITY CLERK PAGE 3 OF RESOLUTION NO. 48-92 CZ~IB Form 1000 page 1 NOTICE OF DESIGNATION OF LOCAL AGENCY (14 CCR SECTIONS. 18051 & 18052) Contra Costa County Health Services Department Environmental Health Division (Name of Agency) 20 Allen Street (Street Address) Martinez CA (city) (State) 94553 (Zip) (Date) TO: CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD PLEASE TAKE NOTICE that the Contra Costa County Health Services Department has (Name of Local Agency) been designated as the local agency in: Town of Danville le (County, City, or Special District) on (Date) ( ) Attached is a sheet listing additional jurisdictions. The designation was made in accordance with California Public Resources Code Section 43203, using the following procedure: a. ( ) 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; be A joint exercise of powers agreement pursuant to Government Code Section 6500, was formed as referenced in Public Resources Code Section 43203(b); ClWMB Form 1000 ~ . page 2 # c. (X) The local agency was designated by the Town of Danville since the city (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. is The above designation in specific accordance (is) (is not) with the designation indica%ed in the County-wide Integrated Waste Management Plan. · 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) · ~ The name and address of the governing body of this local agency is: Contra Costa County Board of Supervisors (NAME) 651 Pine Street, 1st Floor, Martinez, California 94553 (Street Address) (City) (State) (510) 646-2371 (Telephone Number) Name and address of the hearing panel of this local agency is/are: Contra Costa County Board of Supervisors (Name (s)) 651 Pine Street, 1st Floor, Martinez, California 94553 (Street Address) (City) (State) ( Zip Code) ( Zip Code) ( 510 ) 646-2371 (Telephone Number) CIWMB Form 1000 page 3 e m The person responsible for direction, or management, of the local agency and its designated persons are: William B. Walker, M.D. - Medical Director and County Health Officer (Name of Local Enforcement Agency Program Manager) (510) 370-5010 (Telephone No.) Daniel M. Guerra - Deputy Director, Environmental Health Charles Nicholson - Environmental Health Division Solid Waste Program (Name of Contact Person) (510) 646-2521 (telephone No.) · All resolutions and other documents relevant to compliance with Public Resources Code Section 43203, and Title 14 California Code of Regulations Sections 18051 and 18052, have been certified and are enclosed. · The undersigned certifies that the designated local agency is not the operating unit for any solid waste handling or disposal operation, solid waste facility, or disposal site in the designated jurisdiction. · Attached is a listing of every permitted, closed, abandoned, exempt, illegal, and inactive solid waste facility and disposal site in the local agency jurisdiction. Signed by ~ ~4~J BEVERLY LANE (Typed or Printed Name) MAYOR (Title)