HomeMy WebLinkAbout026-90
RESOLUTION NO. 26-90
ESTABLISHING THE MEMBERSHIP OF THE TASK FORCE FOR THE INTEGRATED
WASTE MANAGEMENT PLAN
WHEREAS, AB 939 requires that each city and the County prepare and
adopt a Source Reduction and Recycling Element on or before July
1, 1991 and that the County compile these Source Reduction and
Recycling Elements and a county-wide Siting Element into a single
document, the Integrated Waste Management Plan:
WHEREAS, to assist in coordinating the development of the city
Source Reduction and Recycling Elements and the Siting Element, the
County is charged with convening a Task Force, by March 1, 1990,
whose membership shall be determined by the Board of Supervosors
and a majority of cities within the County with a majority of the
population:
WHEREAS, AB 939 specifically states that the Task Force may include
representatives of the solid waste industry, environmental
organizations, general public, special districts and affected
governmental agencies:
WHEREAS, the existing Solid Waste Commission is composed of
representatives of cities, sanitary districts and the public and
has extensive experience in solid waste issues:
WHEREAS, the Solid Waste Commission has considered the requirements
of AB 939 regarding formation of the Task Force and after due
deliberation recommended to the Board of Supervisors that the
current Solid Waste Commission be reformed into the Task Force with
an expanded membership to include city, county, solid waste
industry, environmental organizations and public representatives.
WHEREAS, the recommended membership of the Task Force acknowledges
the experience of the Solid Waste Commission in dealing with solid
waste matters at the same time as broadening the representation in
accordance with AB 939: now, therefore,
BE IT RESOLVED by the Town council of the Town of Danville
that the Integrated Waste Management Plan Task Force is hereby
establishe, and the membership of such Task Force is designated
as follows:
Two members - representing Eastern cities: Antioch, Pi ttsburg ,
Brentwood
Two members representing Western cities: EI Cerrito,
Hercules, Pinole, Richmond, San Pablo
Two members - representing Central cities: Orinda, Clayton,
Walnut Creek, Lafayette, Martinez, Moraga,
Pleasant Hill, San Ramon, Danville
representing the city of Concord
representing the West Contra Costa Sanitary Dist
representing Delta Diablo Sanitary District
representing the Central Contra Costa Sanitary
District
One member - representing other sanitary districts: Byron,
Mountain View, Crockett-Valona, Oakley,
Kensington Community Services District
One member - representing the Mayors' Conference
One member - representing the Board of Supervisors
Three members-representing the public
Two members - representing the solid waste industry
Two members - representing environmental organizations; and
One member -
One member -
One member -
One member -
be it FURTHER RESOLVED that the Town Council of the Town of
Danville resolves that the process for selection of membership
shall be by appointment by the Board of Supervisors upon nomination
by the representative organization(s); and be it
FURTHER RESOLVED that the Town of Danville hereby agrees that until
and unless the representative organizations nominate
representatives other than their current representatives to the
Solid Waste Commission, those representatives shall become the
representatives to the Task Force.
PASSED, APPROVED AND ADOPTED by the Town council of the Town of
Danville at the regular meeting duly held this 20th day of
February , 1990, by the following vote:
AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NOES: NONE
ABSTAIN: NONE
ABSENT:
NONE
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Coatra Coeta Coaly SoUd Wute lIaDaIemeat. 8S1 Plae aL. <Ida I'L. llartlaa. CA MSS3 ftoae: 848-1390
AS 939 - NEW WASTE MANAGEMENT PLAN
Effective January 1. 1990. AB 939 makes sweeping changes In solid waste law. The current
Solid Waste Plan has no force or effect. A new Integrated Waste Management Plan must be
prepared that includes city and county Source Reduction/Recycling Elements and a county-
wide Siting Element. The cities have greater responsibility for Plan preparation and
unplementation.
Waste Diversion Goals
AB 939 calls for diverting waste from the landf1lls:
+ 25% by 1995
+ 500/0 by 2000
Current recycling activities can be credited towards the recycling goals. Penalties of up to
$10.000/day can be imposed upon dtles and counties if the goals are not met. .
P1aD Elements
Source Reduction/Recycling Elements must Include the fonowing components:
charactertzation of the wastestream: source reduction: recycl1ng: composttng: education/
public information: funding for element implementation: apedal wastes: disPOSal capacity
needs: and household ha?.ardous wastes. Each city Is responsible for its own Source
Reduction/Recycling Element: however. multiJurIsd1ctional efforts are encouraged under the
new law.
The StUng Element must be prepared by the County and Include goals. policies and
Jdentdlcation of appropriate areas for transformation (Incineration) and disposal ~ctl1t:fes.
RespoDSlblUty for the Plan
AB 939 allocates specific responsibilities to the cities and County:
(over)
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City ReaponslbWt,.:
-0- Prepare and implement City Source Reduct1on/Recycllng Elements
-0- Approve county-wide SiUng Element (majority vote)
-0- Approve Waste Management Plan (majority vote)
County RelponslbWt,.:
-0- Prepare and implement unincorporated Source Reduction/Recycling Element
-0- Prepare Siting Element
-0- Prepare Waste Management Plan
-0- Prepare yearly report on meeting Plan goals to the State
The California Waste Management Board has the responsibility to review and approve the
Waste Management Plan and to review the yearly status reports.
Task Force Plan Due Dates
-0- July 1. 1991 - Cities must adopt Source Reduction/RecycUng Elements
-0- Jan. I, 1992 - Submit Plan to State if landfill capacity less than 5 years
-0- Jan. I, 1994 - Submit Plan to State if landfill capacity greater than 8 years
.Tuk Force
By March 1. 1990 the County must convene a Task Force. Composition of the Task Force is
determined by the Board of Supervisors and a majority of dties. It may include representatives
'of the solid waste industry, environmental organizations, general public. special districts and
governmental agencies.
The Task Force responsibilities are to:
1. Identify solid waste issues
2. Identify multtjurlsdicttonal needs
3. Fadl1tate multlJurtsdicttonal arrangements for recycUng
4. Fadlitate resolution of element conf1tcts
5. Develop Siting Element goals. poliCies and procedures
The BoDd Waste Commls.lon and Board of Supervisors are developing a proposal for the
'Task Force. Ro,. Hawes. ChaIrmaD of the SoDd Waste Comlnl.slon, will be addressing the
Juue at the February I, 1990 Mayors' Conference meetiDg.
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Outline of AB 939 - prepared
by Central Sanitary District
IS 939
Reorganizes California Waste Management Board into California Integrated
Waste Management Board
A. Pranotes the foll adng waste aanagement practices
1. Source reduction
2. Recycling and composting
3. Environmentally safe transformation and 1 andfnl disposal
B. Maximizes use of all feasibl e source reduction, recycling and
composti ng options in order to reduce solid waste that aust be
transformed or landfi11ed
C. Inel udes 6 full-tfme Ill8llbers to repl ace 9-lIBIftber part-time Board; tenn
of office fs 4 years
1. One IlSlllber appointed by Governor wfth experfence in sol id waste
industry (by 7/1/90)
2. One IISIIIber appofnted by GoYernor who represents non profft
environmental protectfon organizatfon
3. Two IIElIIIbers appo1 nted by Governor to represent public
4. One IIIElIIIber appoi nted by Senate Canmfttee to represent publ f c
S. One member appointed by Speaker of Assembly to represent public
D. Establishes strict conflict of interest provisfOf'is for Board IIElIIIbers
and prohibits non reported ex-parte communication
E. By 4/1/91,. Board must establ ish new organizatfonal and management
structure
F. By 1/1/91, Board must fl1 e biennial report wfth legisl ature that
i ncl udes :
1. Procedures for reviating county and cfty source reduction and
recycl ing elements, countywide siting el.ents, and countywide
1 ntegrated waste management pl ans
2. Identiffcat'fon of IIIjor existing and potential reeycl able lIarkets
3. Market clevelopment strategi es to prevent oversuppl y of recovered
lIlateri al
4. Recommendations for publ ic education and 1 nformati on activ iti es
needed to pranote reduction and recycl fng of sol id waste
G. By 1/1/91, Board must submit report to legislature/Governor on
fmplementing a disposal cost fee system on goods (excluding regular
l"ecycl abl e items) normally disposed of in landfill s or processed in
transformation facflftfes
Integrated Waste Management P1 ans
A. By 3/1190, and every 5 years thereafter, each county wnl convene a
Task Foree to coordinate the development of city source reductfon and
recycling elements and prepare countywide sftfng element
1. Membershfp on Task Foree to be cleteJ"llfned by Board of Supervisors
and majority of cities within County. Membership _y 1nel ude
representative fran sol fd waste fndustry, envfronmental
organization, publ ie, special distrfct, affected goverment
agencies.
2. The rol e of the task force is to:
a. Identify sol fd waste management fssues of countywfde/regional
concern
b. Determfne need for sol id waste collection systems, processing
facilfties, and marketfng strategies that can serve lIore than
one local jurisdiction within the region
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c. Fac11 ftate clevelopment of lIul tf-jurisdfctional arrangements
for lIarketi ng recycl abl e IIIIteri al 5
By 7/1/91, each cfty to submft a source reduction and recycling
el ement which incl udes:
1. Waste characterfzatfon CDlDponent
a. Identffies lIaterials found in cfty's solid waste
b. Refl ects seasonal varfations
c. Identffied by vol une, percentage in weight, INlterial type,
source of generation (residentfal, commercial, industrial,
governnental, etc.)
2. Source reductfon component
a. Deta11 5 haw city w111 reduce sol id waste to canply with
establ fshed recycl ing goal s
b. Descri bes type of IIIterf al 5 to be reduced
c. Descrfbes haw city w111 determfne Blount and categories of
sol fd waste to be diverted fran landfill through source
reduction .
d. Describes new f~c11 ities and expansion of. existing facn itfes
needed :to fllpl ement source reduction, recycl fng, and
composting components
e. Eval uates economfc fncentfves and rate structures that reduce
the use of non-recyclabl e lIateri al 5, repl ace disposabl e
products w fth reusabl e ones, reduce packagf ng, and fncrease
efffcfency of paper, cardboard, gl ass, lleta', and other
lIaterf al s
3. Recycl ing component
a. Deta 11 s hOrl ci ty w n, reduce 501 i d waste to comp' y with
establ ished recycl ing goals
b. Descrf bes lIaterfal s to be recycl ed
c. Describes haw cfty w111 determine Blount and categories of
501 id waste to be dfverted from landfill through recycl fng
d. Describes new fac11 ities and expansfon of existing facn ities
needed to fmpl ement recycl ing cornponent
e. Descrfbes hOlf to increase I!IIrkets for recycled lIaterials: each
cfty may grant price preference to encourage purchase of
recycl ed products
f. Eval uates types of recycl ing programs, ..nual and autanated
lIaterf al recovery facn 1ties, and rate structures whfch
encourage recyclfng of ...terials
.. . Compost f ng component
a. Detans how city w111 reduce sol fd waste to comply with
establfshed recyclfng goals
b. Descr1 bes uteri al s to be canposted
c. Descrfbes how city w111 deterwine Blount and categories of
sol id waste to be dfverted fran landfill through canposting
d. Descrfbes new faen fties and expansion of existing facn fties
needed to fmpl ement CClllpostf ng canponent
e. Describes how to fncrease nrkets for COIIIposted lIIaterial s:
each cfty I118Y grant price preference to encourage purchase of
composted products
5. Sol id waste facfl fty capacity component
a. Projects .ount of disposal capacfty needed to accommodate
city's sol fd waste for 15 year perfod, reduced by
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i. Imp 1 ementati on of req ui red source reduct ion. recycli ng,
and composting programs
11. Pennitted processing, destruction or 'transfonnation
available during 15-year period
i11. Disposal or transfonnation capacity secured thru an
agreement with another city or county
6. Education and public infonmation component
a. Describes hew city will increase public wareness of and
, participation in recycling. source reduction. and canposting
programs
7. Funding component
a. Identifies projected costs. revenues and revenue sources to
impl Ement all components of city source reducti on and
recycli ng el Ement
B. Special waste component .
a. Describes existing waste handling and disposal practices for
special wastes. incl uding asbestos and sewage sl udge which is
not hazardous waste
b. Describes current and proposed programs 'to ensure proper
handling, reuse. long-tenn disposal of special wastes
9. Househol d hazardous waste canponent
a. Describes program and impl Ementation schedul e for the
collection. treatment and disposal of hazardous waste
generated by residences within jurisdiction of pl an
C. By 1/1/91. each County must submit a source reduction and recycl ing
pl an for unincorporated areas which incl udes
1. Waste characterization component
2. Source reduction canponent
3. Recycling component
.. Composting component
S. Solid waste facl1 ity capacity canponent
6. Education and public information component
7. Funding component
B. Special waste component
9. Househol d hazardous waste component
D. Countywide Siting ElEments
1. Describes areas to be used for development of adequate
transfOl"lllati on or disposal capacity consistent with source
reducti on and recycling e1 Ement
a. Provisions for transformation or disposal of solid waste which
cannot be reduced. recycling or canposted
b. Transformation or disposal capacity needed for 15 year period
c. R8naining canbined capacity of existing sol id waste
'transfonnation or disposal facilities existing at time of
preparation of siting el.ent
d. Identification of new transfor'llation or disposal facn ,ties
consistent with city or county general pl an. if county
detennines that existing capacity is 1 ess than 15 years or if
additional capacity is desired
2. Includes resolution fran each affected city or county stating
identified areas for new or expanded sol id waste 'transfonnation or
disposal facn ities consistent with the general pl an
3. Must be approved by county and majority of cities within county
E. Countyw i de Integrated Waste Management P1 ans i ncl udes
1. All city source reduction and recycling elElllents
2. County's source reduction and recycling element for unincorporated
areas
3. Countywide siting element
4. SlIIIIIIary of significant waste .anagement prob18lls facing county or
city & county, and overview of steps taken to achieve pruposes of
division
5. Must be submitted to ClWte every 5 years
F. Additional Pl anning Requirements
1. By 1/1/1995 city or county wnl divert 25S of all sol id waste fran
1 andf11 1 or transformation
2. By 1/1/2000 city or county wnl divert 50S of all sol id waste fran
landfill or transformation
3. The lIIIount of sol id waste fran which the required reductions are
Il8BSured is the Mount existing on the date the county or city
source reduction and recycl ing el8llent is approved (by 7/1/91>
4. To determine recyclfng levels, counties and cities will include
all existing residential, commercial and industrial source
reduction, recycl ing, and composting that divert solid weste fran
1 andf11 1 or transformation facilities
5. City or county may be exempted or recycling goal reduced if they
generate lOf lIIIount of sol id waste
6. For city or county source reduction and recycl ing el EIIIent
submitted after 1/1/95, the 50S source reduction and recycl ing
requi rement may incl ude no more than 10S through transformati on
7. Recycling goals may be reduced if city or county is doing all it
can
8. Recycl ing goal s may be reduced if city or county is disposing of
751 of its solid waste through transformation by 1/1/89
9. By 1/1192, any city or county with less than 5 years of remaining
1 andfnl must submit countywide fntegrated waste management pl an
10. By 1/1193, any city. or county wfth 5-8 years of remaining landf111
must submit countyw ide integrated weste .anagement pl an
11. By 1/1194, any city or county wfth over 8 years of remaining
1 andf n 1 must subm i t c:ountyw ide f ntegrated weste .anagement pl an
12. Source reduction and recyclfng element can be submitted at any
tfme before CIWMP fs due
G. Approval of Local P1 anning
1. CIWte has 120 days to approve or disapprove element or pl an
2. If CIWfoB disapproves, they w111 fdentify reasons and
recommendatfons to rectify
3. City or county has 120 days to resubmft
4. If cnue still dfsapproves, they w111 hold public hearfng and lIay
illpose achinfstratfve penal ties of not ltere than S10,000 per day
if city or county fans to submit adequate pl an
5. Every years after el EIIIent or pl an is approved, city or county w11 1
submit report to ClWfoB slllllllarizing fts progress fn reducing sol id
waste
6. City or county must revfew fts element or pl an once every 5 years
to correct deficiencies
7. City or county lilY enter fnto a MOO w fth another city, county,
regional pl anning agency, agency formed under a JPA, or district
established to onage sol td waste, to prepare and tllplElllent an
el ement or pl an
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8. By 1/1/g). ClWte will prepare emergency regulations for use by
cities/counties to prepare elenents and plans
9. At least fINery 2 years. ClWfo'B wnl revi8lf city/county element to
determine if they are implementing it. City/county can get fined
up to S10.000/day if they are not.
H. Local Fee Authority
1. City/county .ust show funding sources to pay for preparing.
adopt i ng, and 1mpl enent i ng el ement or pl an
2. City/county can impose fees to pay for preparation. 11lplBltentation
and adopt i on of el enent or pl an
3. Host lIitigation fees for accepting exported garbage OK. However.
exporti ng city/county IlUst have an approved .1 ement and pl an
within one yar following the due date of the plan and .lenent.
I. Only authorized recycl ing agent uy pick up designated recycl abl es
from curb.
III. Solid Waste Facilities
A. By 1/1/91, CIWM3 w111 adopt standards which w111 require operator of
disposal facility to show adequate financial ability to respond to
personal injury claims/dlmage claims which occur before closure
B. Local Enforcement Agencies (LEAs)
1. By 8/1/91. ClWMB w111 adopt certification regulations for local
enforcement agencies
2. Four types of LEA certification
a. Pennitting, inspection and enforcement at landfnls
b. Pennitting, inspection and enforcement at incinerators
c. Pennitti ng, inspection and enforcement at transfer and
proCessing stations
d. Inspection and enforcement of litter. odor. and nuisance
regulattons at landfills
3. After 8/1/92. all LEA's IIUst be certified by ClWfo'B
4. ClWte becomes enforcement agency if another LEA fs not designated
S. The lEA will
a. Enforce standards
b. Develop inspection. enforcement and training programs
c. Adopt necessary enforcement program to carry out standards
6. LEAs have no authority over hazardous waste only facn fties; state
Depar'bnent of Heal th Services does
7. LEA can charge fee to recover cperati ng costs from aech sol i d
waste facn ity operator if local governing body or agency with
ratesetting authority has approved rate adjustments to CClllpensate
haul er or facility cperatC!r for the ..ount of surcharge imposed
8. LEA w111 inspect each sol id waste fac11 ity within its jurisdiction
at 1 east once a month
9. ClW M3 w 11 1 . in conj unct f on with LEA. 1 nspect each 501 f d waste
facn ity annually .
C. C1 osure P1 ans
1. By 1I31/g), or upon applfcatfon to becane a solid waste landfill
operator. operator must certify to ClWte that he has
a. Prepared inftial estillate of closure and post-Closure
maintenance costs
b. Establ ished trust fund or equival ent
c. Deposited adequate closure and post-closure costs into trust
fund or equival ent
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2. Operator lIuSt submit to regional water board and cIne closure and
post-closure plans
3. ClW~ or LEA can look at all operator's documentation relating to
closure and post-closure costs
4. Cl osure abnd post-closure pl ans .ust be submitted by the fi rst
date after 7/l/gJ that the sol id waste facn ities permit is
required to be reviewed
5. If operator intends 'to close 1 andffl by 9/28/92, pl ans must be
submitted by 7/l/gJ
6. Operator .ust submit evidence of financial abfl 1ty 'to provide
closure and post-closure costs for closure and 15 years of
post-closure maintenance
IV. Sol id Waste Disposal Site Clean-up and Maintenance
A. A Sol id Waste Disposal Site C1 ean-up and Ma1 ntenance fund shoul d be
financed through fees coll ectged fran solid waste 1 andffll operators.
The funds w nl be used to:
1. Provide resources to erspond to potential health and enviromental
probl ems at on-site and offs1te 1 andfnl s
2. Support state and local landffll permit enforcement progrllns
3. Provide. grants to local agencies to initiate "and implement waste
separation progrllns to prevent househol d hazardous wastge fran
e1ng disposed in solid waste landfills
4. Preserve remaining sol id waste disposal capacity
B. ClWM3 lIay provide grants to counties and cities for househol d
hazardous wa~te programs
C. ClWMB may provide guaranteed loans to solid waste disposal operators
to 1mpl ement corrective actions
D. Sol i d W aste Disposal S1 te Cl ean-up and Maintenance Account
1. Landfill operator w111 pay fee based on llllount, by weight or
vol &IIletr1c . equfval ent. of sol id waste disposed at each disposal
site. ClWt.e warits S20,OOO.OOO collected annually up to
S100.000,000
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Other Provisions
A. Public information program
1. ClWN3 to develop and illplement public infomat1on program to
provide consistent information on proper disposal of househol d
hazardous wastesJ designed to provide uniform responsesJ includes
development of pamphl ets to pranote consistency
B. Househol d Haz ardous Waste Management
1. ClWN3wnl develop guidelines for
I. Model operation pl an for canmunity househol d hazardous waste
collection programs .
b. tbt to handl e and dispose generic types of. househol d hazardous
waste substances
C. landfill operator .nl pay quarterly fees 'to State Board of
Equalization based on all solid waste disposed on or after 1/1/50;
first paYID8nt due 4/25/50
1. for period 1/1/50 to 6/30/50 fee .nl be S.SO/ton
2. for period 7/l/gJ to 6/30191 fee wnl be S.7S/ton
3. After 7/1191, fee wfll not e~eed Sl.OO/ton
4. Money deposfted into Integrated Waste Management Account to pay
for adminfstration and implementatfon of 18 939
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IMPORT~T OATES
1/1/~ CIWte will prepare mergeney regulations for use by citiesl
counties to prepare source reduction and reeycl1ng elements
and countyw 1 de f nteg rate d waste .anagement pl ans
1/1/~ Landff11 operators/owners w nl begin paying quarterly fees to
State Board of Equalization:
- For period 1/1/~ to 6130/~ fee wnl be S .SO/ton
- For period 7/1/~ to 6/30/91 fee w nl be S .7S/ton
- After 7/1/91 fee will not exceed Sl.00/ton
3/1/~ County wnl convene Task Force to coordinate clevelopment of
city source reduction and reeycl1ng elements and prepare
countywide siting element
1/1/91 CIWMB must fne biennial report with Leg1s1 ature that provides
procedures to revi8lf source reduction and. reeycl ing elements,
countywide siting elements, and countY" ide fntegrated waste
management pl ans
1/1/91 CIWMB must submit report to Legislature/Governor on
implementing a disposal cost fee system on disposable goods
1/1/91 Each county to submit a source reduction and reeycl ing pl an
for unincorporated areas
4/1/91 CIWMB must establish new organizational/management structure
7/1/91 Each city to submit a source reductfon and .reeycl fng el ement
8/1/91 CIWMB wnl adopt certification regulatfons for local
enforcement agencies
1/1/92 City or County with less than S years of landfill capacity
.ust submit countywide fntegrated waste eanagement pl an
8/1/92 All local enforcement agencfes .ust be certiffed
1/1/93 City or county with 5 to 8 years of 1 andfn 1 capacfty must
submit countywide integrated waste ..nagement pl an
1/1/94 Cfty or county with lIOI"'e than 8 years of 1 andfnl capacity
must submit countyw fde fntegrated waste ..nagement pl an
1/1/95 City or county must dfvert 2S1 of all sol fd waste fran
landfill or transformation
1/1/2000 City of county must divert 501 of all sol id waste fran
landff1l or transformation
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