The URL can be used to link to this page

Home My WebLink About100-92RESOLUTION NO. 100-92 OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE AUTHORIZING DESIGNATION OF AN ENFORCEMENT AGENCY WHEREAS, Section 43203 of the Public Resources Code of the State of California requires that an enforcement agency be designated for the enforcement of the California Integrated Waste Management Act within the Town of Danville; and WHERF~S, Title 14, Division 7, Chapter 5 of the California Code of Regulations sets forth criteria and procedures for designation of an enforcement agency; and WHEREAS, the Town of Danville adopted Resolution No. 56-83 on June 6, 1983, designating the Contra Costa Health Services Department as the Enforcement Agency for the Town of Danville; and WHERF~S, the Health Officer and Environmental Health Director of Contra Costa.County has requested that the Town of Danville designate the Contra Costa Health Services Department as the Enforcement Agency for the Town of Danville; and WHEREAS, Section 43206 of the California Public Resources Code provides that a designation of an enforcement agency may be withdrawn in the same manner in which the designation was made by the local governing body for the purposes of designation or withdrawal of designation of Enforcement Agency for the Town of Danville; and WHEREAS, Section 44800 (b) and 44801 of the Public Resources Code and 14 California Code of Regulations, Section 18060 and 18081 (d)(2) provide that the local governing body of the Enforcement Agency, known as the Contra Costa County Board of Supervisors, may appoint an independent hearing panel; and WHEREAS, the state of California requires that the designation of the Contra Costa County Health Services Department as the enforcement agency for the Town of Danville be submitted to the State not later than March 15, 1992; and WHEREAS, with approval of this Resolution, any previous resolutions to date designating an enforcement agency for the Town of Danville are now rescinded; now therefore be it RESOLVED, that the Town Council of the Town of Danville hereby designates the Environmental Health Division of the Contra Costa County Health Services Department, pursuant to Section 43203 (c) of the California Public Resources Code, as the Enforcement Agency for the Town of Danville, provided that the Council reserves the right to withdraw said designation and designate another Enforcement Agency; and be it PAGE I OF RESOLUTION NO. 100-92 FURTHER RESOLVED, that the Town of Danville Council understands that Title 14 California Code of Regulations, Section 18081 (d)(2) requires that an independent hearing must be appointed when a publicly operated solid waste facility or disposal site exists within the jurisdiction of the Local Enforcement Agency; and be it FURTHER RESOLVED, that inasmuch as an independent hearing panel may be appointed by the Board of Supervisors for solid waste facilities and disposal sites within the jurisdiction of the County of Contra Costa, the Town Council acknowledges that the Board of Supervisors may maintain an independent hearing panel pursuant to Section 44800 (b) and 44801 (a) of the California Public Resources Code for all matters arising from Local Enforcement Agency actions affecting the Town of Danville. APPROVED by the Danville Town Council at a Regular Meeting held on June 16, 1992, by the following vote: AYES: LANE, NOES: NONE ABSTAINED: NONE ABSENT: NONE SHIMANSKY, DOYLE, RITCHEY, GREENBERG APPROVED AS TO FORM: [ CITY ATTORNEY ATTEST: CITY CLERK PAGE 2 OF RESOLUTION NO. 100-92 CIWMB Form 1000 page 1 NOTICE OF DESIGNATION OF LOC,4 L AGENCY (14 CCR SECTIONS.18051 & 18052) contra Costa county Health Services De~nt'~ Environmental Health Division (Name of Agency) 20 Allen Street (Street Address) Martinez CA (City) (State) March 17, 1992 (Date) 94553 (Zip) TO: CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD PLEASE TAKE NOTICE that the Contra Costa County Health Services Depa~nt (Name of Local Agency) been designated as the local agency in: Town of Danville (County, City, or Special District) on June 16, 1992 (Date) ( ) Attached is a sheet listing additional jurisdictions. le 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 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 indicated 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 p&qe 3 ® 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. e · 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 agencyjurisdiction. Signed by -, '~ _~.~J,. .... BEVERLY LANE (Typed or Printed Name) MAYOR (Title)