HomeMy WebLinkAboutStaff Report 328-10TO:
FROM:
DATE:
REPORT TYPE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER
AUGUST 2, 2010
INFORMATION
Household Hazardous Waste Program Cost Effectiveness Review and
Comparison to Santa Clara County's Program
This is an informational report and no Council action is required.
DEPARTMENT: PUBLIC WORKS
CMR:328:10
SUMMARY
This is an information report that describes Palo Alto's household hazardous waste (HHW) program
and presents an evaluation of the program's costs, benefits and effectiveness. This report was
prepared in response to a Council request for a cost effectiveness review in an approved motion to
proceed with HHW facility improvements on May 10, 2010 (CMR:183:10).
MOTION: Council Member Scharff moved, seconded by Council Member Klein to: 1) accept the
Regional Water Quality Control Plant (RWQCP) Site Feasibility Study in concept for the purposes
of proceeding with the preliminary design and environmental review to include cost effectiveness
review and comparison of household hazardous waste program compared to the Santa Clara County
program.
This report summarizes the major components of both the Palo Alto and County of Santa Clara
HHW programs and compares the cost and effectiveness of each program.
The City's estimated cost to operate the monthly HHW drop-off program compares favorably to the
cost that the County would charge the City to provide the same level of service (see Table 3 below
for a detailed cost analysis).
Table 1 - Cost and Effectiveness Comparison to the Santa Clara County HHW Program
Palo Alto Program
Santa Clara County
Program
Total Cost Estimate (1)
$330,333
$345,748
Cost per Vehicle
$75.50
$79.03
Participation (households)
17.0%
4.9%
Pounds Collected per Capita
4.12 pounds
1.85 pounds
Notes: (1) 2010 cost estimates for the City and County to operate Palo Alto 's monthly HHW
program at FY 08/09 service levels.
CMR:328:10
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Table 1 shows that the City's HHW program cost per vehicle $75.50 is slightly less than what the
County would charge the City to operate the HHW program at the same level of service $79.03. The
City's level of service is one of the highest in the State with a household participation rate of 17%
(347% higher than the County's program 4.9%) with the direct benefit of the collection and removal
of 223% more HHW than the current County program (4.12 pounds to 1.85 pounds per capita of
HHW per capita).
BACKGROUND
Program History
Palo Alto's HHW program began in 1983 when Palo Alto became the second jurisdiction in the state
to provide collection of household hazardous wastes to its residents in response to community
concerns about toxic wastes in the environment. Household hazardous wastes are wastes such as
poisons/toxic wastes, corrosive wastes, flammable/ignitable wastes or reactive wastes that if not
disposed of properly could pose a threat to human health or the environment. The objectives of the
HHW program were to provide a point of contact for educating the public about the safe use, storage,
disposal and alternatives to HHW products, and to help reduce the release of HHW to storm drains,
landfill and the sanitary sewer. In 1986, the Tanner Bill (AB 2948) was passed requiring counties to
establish hazardous waste management plans (Health & Safety Code 25135-25135.9). In 1987, the
Greene Bill (SB 477) was passed requiring each City to either adopt a city hazardous waste
management plan or incorporate the County's plan into the City's plan.
HHW Element - In 1989, AB 939 was passed mandating that cities adopt and submit a HHW
Element, a document that sets policies, objectives and programs for collection of HHW in
compliance with state mandates. Palo Alto's HHWE (June, 1991) evaluated HHW alternatives and.
since Palo Alto's program predated the Santa Clara County program, and since Palo Alto had a
mature well -run HHW program, Palo Alto decided to continue its own program instead of joining
the Santa Clara County HHW Program. The City's HHWE selected the development of a permanent
HHW facility to phase out the monthly collection events that were taking place during that time.
RWQCP - In the early 1990's, the City's Regional Water Quality Control Plant (RWQCP) became a
permitted permanent HHW collection facility, focusing on the collection and proper disposal of
target wastes that directly affected the waste water effluent such as photo chemicals, mercury wastes,
certain types of pesticides and more recently pharmaceutical wastes. In 2008, the RWQCP upgraded
its hazardous wastes storage structures by adding a new hazardous waste storage locker (and related
improvements) at the entrance to the RWQCP. This new storage locker allows the RWQCP to store
both plant generated hazardous wastes as well as HHW collected through the permanent facility
permit.
Current HHW Program Components
Palo Alto currently provides a comprehensive program for HHW management that includes:
Monthly Drop-off (1St Saturday of the Month) — This is the most popular HHW program and involves
once per month collection events for residents. These events are conducted at the RWQCP parking lot on
the first Saturday of each month and operate under a Temporary HHW Collection Facility Permit. All of
the collected HHW is manifested and transported to a disposal facility the same day as the event. In
addition, all HHW collected during the month by the RWQCP and by staff through the landfill's load
check program are consolidated with the monthly event HHW and transported offsite for disposal;
CMR:328:10
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RWQCP Permanent Facility Drop-off — This program involves a Monday through Friday collection of
selected HHW related to problem chemicals for sewage effluent (photo chemicals, mercury wastes,
pesticides and pharmaceuticals). An appointment based mid -month HHW drop-off program was added
in late 2008 when more storage capacity was added through the installation of a larger storage locker.
The RWQCP's HHW collection program operates under a Permanent HHW Collection Facility Permit.
All HHW collected at the RWQCP is properly segregated and stored onsite until the monthly events
where the HHW are manifested and transported the 1st Saturday of each month;
Recycling Center Drop-off — The recycling center accepts recyclable HHW such as oil, oil filters,
antifreeze, household/vehicle batteries, and fluorescent lights. The Recycling Center operates seven days
per week and is registered as a Recycle Only HHW Collection Facility. These recyclable HHW are
stored in bulk quantities so that full loads of HAW can cost effectively be transported to a certified
recycling facility;
Curbside pickup — The City's Waste Hauler "Greenwaste" collects used motor oil, oil filters, and
household batteries at the curb from residents during their routes. Greenwaste also accepts certain e -
waste from residents and commercial customers in the recycling carts;
Door-to-door HHW pickup — Qualified residents that are physically limited and cannot bring their HHW
to the monthly events can schedule their pickups at their homes. The City's HHW Contractor will
dispatch personnel to the homes to collect and transport the HHW to the monthly events for manifesting
and transportation;
Small Businesses/Non-Profit Organizations - Conditionally Exempt Small Quantity Generator such as
small businesses and non-profit organizations can dispose of their wastes by appointment with the City's
HHW contractor. CESQGs are responsible for the payment of disposal fees to the Contractor at City
rates.
County of Santa Clara Program Components
Since 1991, the Santa Clara Countywide HHW Program has provided residents with a safe,
convenient disposal service with year-round access. The County and 14 cities participate in the
countywide program and share costs based on the number of households served from each
jurisdiction. The County periodically operates two permanent facilities (San Martin and Sunnyvale)
and may operate temporary events within some cities periodically during the year. All of the
County's permanent and temporary events are appointment based (except for Sunnyvale residents).
HHW Quantities Collected
All of the City's programs combined collected a total of 486,121 lbs (243 tons) of HHW in FY
08/09. Unfortunately, according to the City's latest waste composition study, in 2005 there was still
584,000 pounds per year of toxic wastes illegally disposed in the garbage. In addition to these
wastes, there is an unknown quantity of toxic wastes illegally disposed in the sanitary sewer, the
storm drains, or abandoned on properties within the City limits. HHW quantities collected through
all of these comprehensive programs during the 2008/09 fiscal year are listed below.
Table 2 FY 08/09 waste tunes and quantities in hounds
Flammable Solids/Liquids
17,536
Bulked Flammable Liquids
16,725
Oil Based Paints
46,300
Poisons
50,207
Reactive and explosive
476
Acids
3,392
Bases
4,569
Oxidizer
1,815
PCBs
821
Antifreeze
12,140
CMR:328:10
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Auto Batteries
40,040
Latex Paint
117,426
Motor Oil
79,557
Oil Filters
4,000
Mercury
117
Fluorescent Lights
19,513
Rechargeable Batteries
1,843
Other Batteries
31,517
Electronic Devices
18,700
Aerosol Cans
10,167
Home Generated Sharps
1,392
Pharmaceutical Wastes
4,620
Gas Cylinders
3,248
Total (FY 08/09) = 486,121 pounds of HHW collected through all of the City's programs
DISCUSSION
Palo Alto's HHW program is instrumental in satisfying City goals and objectives and is essential for
implementing: 1) the City's Comprehensive Plan; 2) the City's Zero Waste Operational Plan; 3) the
City's HHW Element; and 4) the City's National Pollutant Discharge Elimination System (NPDES )
Permit. The City's HHW program is also part of a broader pollution prevention program developed
to protect Palo Alto's creeks and San Francisco Bay by diverting toxics from disposal that could
otherwise occur to the sanitary sewer and/or the storm drain system.
Palo Alto Comprehensive Plan - The HHW program is an integral part of the City's Comprehensive
Plan relating to environmental concerns. Some of the comprehensive plan references include:
• GOAL N-4: Water Resources that are Prudently Managed to Sustain Plant and Animal Life,
Support Urban Activities, and Protect Public Health and Safety.
• POLICY N-23: Reduce the discharge of toxic materials into the City's sanitary sewer
collection system by promoting the use of Best Management Practices (BMPs). One of the
BMPs for the City is "Hazardous waste collection and recycling".
• GOAL N-6: An Environment Free of the Damaging Effects of Biological and Chemical
Hazardous Materials. "Palo Alto will also continue its household hazardous waste
collection programs and will strive to make these programs more convenient and accessible
to residents" (Page N-21).
• POLICY N-30: "Minimize the use of toxic and hazardous materials. Encourage the use of
alternative materials and practices that are environmentally benign ".
• PROGRAM N-48: "Continue sponsoring a regular household hazardous waste collection
event".
• PROGRAM N-50: "Continue the program that allows small quantity generators to dispose
of hazardous waste at cost"
Regional Water Quality Pollution Prevention: As mentioned above, the HHW program serves as an
integral part of the broader Pollution Prevention Programs developed to protect Palo Alto's creeks
and San Francisco Bay by diverting toxics from disposal that could otherwise flow to the sanitary
sewer and/or the storm drain system. The HHW programs are key components of the water pollution
CMR:328:10 Page 4 of 8
prevention programs which the Environmental Compliance Division must have to meet its
obligations under State National Pollutant Discharge Elimination System (NPDES ) Permits issued
for the City's Wastewater Treatment Plant and the Storm Drain System. Without these programs,
increased intentional and accidental discharge of pollutants both to interior drains (sewer lines) and
external drains (storm system) would likely occur. Pesticides, fertilizers mercury, heavy metals,
solvents, paints, oils, batteries and cleaners all contain pollutants for which permit limits exist.
These limits are designed to protect aquatic ecosystems from chemicals which can be toxic,
bioaccumulative, persistent, or all three. Degrading ecosystems effects people quite directly because
humans depend on aquatic plants and animals for food and other resources. The RWQCP relies on
the HHW program to divert toxics that could upset treatment operations or pass through to the
natural environment.
Landfill Groundwater Contamination Concerns: The HHW program contains a hazardous waste
exclusion program to reduce the illegal disposal of HHW in the City's landfill. Illegal disposal of
HHW in either the City's landfill or the Kirby Canyon Landfill (where curbside garbage is disposed)
could cause contamination in the underlying groundwater and thereby cause a groundwater
"corrective action" to occur. A corrective active involves groundwater extraction and treatment and
additional monitoring in order to reduce the contamination of the groundwater. The landfill's
potential cost for corrective action due to groundwater contamination is estimated to be as high as
$650,000 per event. The City is required to maintain a corrective action fund of $650,000 in case of
groundwater contamination from refuse disposal.
Worker Safety: The HHW program provides a level of safety for workers at the landfill, recycling
center and SMaRT where solid waste workers may come in contact with illegally disposed hazardous
wastes. Providing an effective HHW program minimizes risks caused by illegal disposal.
Sustainability and Zero Waste Policies: The City's adopted Zero Waste Operational Plan
recommends a local recycling center and permanent HHW facility (Section 7.2). A robust and
effective HHW program is an important part of the City's sustainability and zero waste policies.
Removing toxic contaminates from the garbage, sanitary sewer and storm drains will help to protect
the environment. In addition, the HHW program provides education, and a point of contact for
public/small business disposal of toxic wastes and usage of alternative safe products. The Palo Alto
HHW program requires that the majority of the HHW collected be either recycled or used as
beneficial fuel substitution. Moreover, local collection of HHW, as opposed to usage of the Santa
Clara County regional HHW facility, reduces the distance residents and small businesses have to
travel, thereby reducing the amounts of energy and greenhouse gas vehicle emissions into the
atmosphere. Local collection also demonstrates Palo Alto's commitment to take responsibility for
the HHW that is generated. Palo Alto's HHW program meets these objectives by providing
convenient and safe collection and proper disposal of the HHW as well as encouraging the use of
safer less toxic products and the reuse of these products. Improvements to the existing permanent
HHW facility in Palo Alto would enhance these plan objectives by increasing operating hours
thereby increasing the frequency and convenience for residents, and allowing for the reuse of
unopened hazardous products.
CMR:328:10 Page 5 of 8
Comparison with Santa Clara County's Program
Cost Comparison: A cost comparison is included below for a scenario in which Santa Clara County
would take-over the City's temporary once per month drop-off and mid -month appointment program
and perform an equivalent level of service as the City's current program. The City's HHW program
costs are funded by the Refuse Fund and by a HHW fee for each ton of solid waste disposed in the
County, collected by the County on behalf of the City. The HHW fee collected by the County totaled
$121,000 in FY 08/09
Table 3 Projected costs for both the City and Santa Clara County to provide equivalent level of
service in Palo Alto in FY 2010/11
FY 2010/11 Estimates
City Provided HHW Service
Estimate
Santa Clara County
Provided HHW Service
Estimate
Fixed Cost of Service
$39,937 (1)
$52,623 (2)(3)
Number of vehicles FY 08/09
4,375
4,375
Variable Cost of Service
$290,396 (4)
$293,125 (2)
Total Cost
$330,333
$345,748
Average Cost Per Vehicle
$75.50
$79.03
Table 3 Notes and explanations:
(1) 33% of City FY 2010/11 budget for staff salary and benefits in Refuse Fund (50050105
"Hazardous Waste Management"). The other 67% of the City's salary and benefit costs relate to
oversight and management of other HHW programs (recycling center, permanent facility, landfill
load check programs) and for City -generated hazardous waste management. There are no direct or
indirect allocated costs budgeted or otherwise associated with the City's program.
(2) Santa Clara County Agency Agreement (Attachment A). Fixed costs $1.85 per total household
(Section 2) and variable costs of $67 per vehicle (Section 4). The County's fixed costs include
expenses allocated to the County's HHW program including salaries/benefits, facility and vehicle
leases, office rent, office supplies, County administrative overhead, legal counsel, training, and
equipment and facility maintenance costs. Other than staff salary and benefit costs there are no
direct or indirect allocated costs associated with the City's program.
(3) Santa Clara County's agreement fixed costs is based on 28,445 total households. This number of
households is updated by the State Department of Finance, Demographic Research Unit
http://www.dof.ca.gov/research/demographic/reports/estimates/e-5/2001-10/documents/E-
5 2010.xls Table 2: E-5 City/County Population and Housing Estimates, 1/1/2010
(4) Contractor fee to manage 4,375 vehicles during FY 08/09 ($291,081) adjusted to current 2010
Contractor pricing 3.2% CPI increase ($300,396). Less an estimate of $10,000 to disposal of
RWQCP selected wastes and landfill load checking HHW that is normally disposed with the
monthly HHW event wastes ($290,396).
Costs to operate the RWQCP permanent facility - Monday through Friday (for selected wastes), were
not compared to the County's estimate because: 1) Costs for accepting and managing these HHW are
incremental to the RWQCP operations: i.e. staff are performing other duties while collecting and
CMR:328:10 Page 6 of 8
storing the HHWs; and 2) The County does not have pricing in their agency agreement (Attachment
A) for operating a permanent facility in Palo Alto.
Program Participation Comparison: Palo Alto's monthly HHW program is an efficient program that
has one of the highest participation rates in the State (17% compared with 4.9% Santa Clara County
and 4.8% State average). Palo Alto collects an average of 4.12 pounds of HHW per capita through
the monthly collection program compared to the Santa Clara County program average of 1.85 pounds
per capita. Table 4 below compares Palo Alto's HHW Monthly Program key statistics side -by -side
with the Santa Clara County Program statistics.
Other City HHW programs such as the permanent facility collection for specific wastes, the recycling
center drop-off and the curbside collection of specific HHWs are not included in this comparison
with the County's programs because the County does not provide these types of collection programs.
Table 4 FY 08/09 Palo Alto's Monthly HHW Collection Program compared to the Santa Clara
County HHW Program
FY 2008/09 Data
Palo Alto's Monthly HHW
Program
Santa Clara County's HHW
Collection Program
Number of households
28,291 (1)
626,659 (2)
Population
65,408 (1)
1,763,747 (1)
Participating households
4,817 (3)
30,607 (2)
Participation Percentage
17.0%
4.9%
HHW Pounds Collected
265,539 lbs (3)
3,260,764 lbs (2)
Pounds of HHW per Capita
4.12 pounds
1.85 pounds
Notes: (1) http: //www. dof. ca.gov/research/demographic/reports/estimates/e-5/2001-
10/documents/E-5_2010.xls Table 2: E-5 City/County Population and Housing
Estimates, 1/1/2010
(2) Santa Clara County Form CIWMB 303a Report For FY 08/09
(3) City of Palo Alto Form CIWMB 303a Report For FY 08/09
Permanent Facility Plans and Cost Estimates
The goal of improving the existing City's HHW permanent facility is to add storage capacity so that
the facility can be open to residents more often. Ideally, the facility would be open to residents 2 or 3
times per week. By making HHW drop-off more convenient to residents Staff expects more
participation and less illegal dumping (less toxic wastes in the environment).
Staff is not proposing new personnel or increased operating budget for this fiscal year. Once the
facility improvements are made, some added expenses estimated at $25,000 to $30,000 per year
could occur due to being open more often (staffed by the City's contractors). However, some cost
savings could be realized since longer waste storage time would allow the use of full containers of
HHW before shipment resulting in transportation savings and elimination of some pre -collection
setup tasks. Larger container disposal pricing is typically significantly cheaper per gallon than
smaller container disposal pricing. In addition, staff proposes a reuse area where collected HHW can
be inspected and given to residents for reuse, saving the City disposal costs and saving residents
costs for the purchase of new products. The reuse program would be modeled after an existing
CMR:328:10 Page 7 of 8
program operated by the County that addresses liability through the use of a standard waiver to be
signed by participants.
Lastly, it may be possible that in the future, HHW program participation and cost sharing can be
increased if the RWQCP partners are interested and if the costs can be kept competitive. Staff will
pursue such discussions with our partner cities. Any changes such as this would be presented to
Council for approval and consideration of formal agreements to enhance the existing partnerships.
RESOURCE IMPACT
Resources for the Household Hazardous Waste Program are included in the Refuse Fund Operating
Budget.
POLICY IMPLICATIONS
All of the above programs are consistent with the City's Comprehensive Plan, the Zero Waste
Operational Plan, The City's Household Hazardous Waste Element, and The City's Sustainability
Policy.
ENVIRONMENTAL REVIEW
This report is informational in nature and does not constitute a project under the California
Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A: Agreement for Countywide Household Hazardous Waste Collection Program
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
RON ARP
Manager, Environmental Control Programs
GLENN S. ROBERTS
Director of Public Works
JAMES KEENE
City Manager
CMR:328:10 Page 8 of 8
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i
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Attachment A
AGENCYAGREEMENTFORCOUNT~DE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of C~pbell, Cupertino, Gilroy,
Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View,
Palo Alto, San Jose, Santa Clar~aratoga, and Sunnyvale (CITIES) and the County of Santa
Clara (COUNTY) on the \ '6 ' day of J ~ 2010. Thetenn CITIES may refer to
CITIES collectively or individually. ' ,
RECITALS
WHEREAS, pursuari.t to Public Resources Code Section 41901, a city, couhty, or city and
county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
, implementing an integrated waste management plan; and
WfiEREAS, the Board of Supervisors established the Countywide AB939 ,
Implementation Fee effective July 1, 1992 to fund local costs ofpreparing,-adopting, and'
implementing integrated waste management plans and programs; ~d '
WHEREAS! the Recycling and Waste Reduction Commission of Santa Clara County has
determined that a Countywid.e AB939 Implementation Fee (Fee) is necessary, pursuant to Public
Resource Code 41901, t6 assist in funding the costs of preparing, adopting and implementing
'integrated waste management plans, and programs in the fifteen ,cities and the unincorporated area
of the county; and
WHEREAS, the Fee shall be imposed, on each ton of waste landfilled or incinerated
within the County; received at any non-disposal or collection facility located within the County
and subsequently transported for disposal or incinemtion outside of the CountY; collected from
any location within the County by a solid waste hauler operating pursuant toa franchise, contract,
license, or permit issued by any local jurisdiction and subsequently transported for disposal or
incineration outside of the CoUnty; or removed from any location in the County by any person 6f
business for disposal Of incineration outside the County; and
WHEREAS, state law requires jurisdictions to plan and iinplement houSehold hazardous
waste (HHW) services; and
, WHEREAS, HHW programs provide household hazardous waste management services '
to residents of Santa Clara CountY an~ are necessary services to enable jurisdictions to meet the
requirements of state law; and ' "
WHEREAS, jurlsdictiOIis in Santa Clara County desire to provide safe, convenient, and
economical means for residents to properly dispose of household hazardous wastes in an
environmentally safe manner in order to avoid unaut~orized or improper disposal in the garbage,
sanitary sewer, stonn drain' system, or on the ground, in a manner which creates a health or "
environmental hazard. These wastes include, but are not limited to, common household products
such as household cleaning products, spot remover, furniture polish, solven~, Qve~ cleaner,
pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and car ,batteries; and
, 1
AGENCY AGREEMENT FOR COUNTYWIDE AB '939 IMPLEMENTATION FEE FY 2011
" \
I,
WHEREAS, the County will collect the Fe.e on behalf of the fifteen cities and the
unincorporated area and will apportion the Fee according to th~ tenns of this Agreement. . .
NOW, THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the COUNTY
will collect and distribute the Fee of$4.10 per ton in FY 2011 of waste to'be disposed. The Fee
is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of
preparing, adopting, and implementing the integrated waste management plan in the fifteen cities
and·the unincorporated area. of the 'County; and 2) a HHW Fee of $2.60 per ton to provide
fun~ng to implement the Countywide HHW Program. The Program Fee will be allocated
among jurisdictions as described in Exhibit B, attached hereto and incorporated herein: The
. HHW Fee will be ~located to the COUNTY, CITlES, and Countywide HHW Program and
participating jurisdictions as described in Exhibit C, attached hereto and incorporated herein.
The F~e shall be imposed on each ton of waste landfilled or incinerat~d within·the County;
received at any non-disposal or collection facility located within the County and subsequently
transported for disposal or incineration outside of the CountY; collected from any location within
the County by a solid waste hauler operating pursuant to a franchise, contract, license, or pennit
. issued by any local jurisdiction and subsequently transported for disposal or incineration outside
of the County; or removed from any location in the County by any person or business for
disposal or incitieration outside the County. Non-Disposal Facilities are defined as those faciliti~s
included in the County of Santa Clara Non.;.Disposal Facility Element (and subsequent
amendments to that Element) and are listed in Exhibit A~ attached. hereto and incorporated
herein. . .
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and
non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently
permitted, on a quarterly basis USing data from tonnage reports filed by landfill and noil-disposal
facility operators with the County Integrated Waste Management Division. The COUNTY shall'
require each landfill and non-disposal facility to submit required payment, "documentation of
tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, '
within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be
subject to a late filing penalty and delinquent penalties. COUNTY wiU research Santa Clara
·County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts
to detennine the identity of the hauler.· That hauler will subsequently be billed in.thesame .
fashion subject to the same penalties as mentioned above ... Collected fuD.ds and any late filing
payments and delinquency penalties shall be distributed to CITIES and C<?untywide HHW.
Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to .
distribute funds that-COUNTY has been unable,to collect from landfill or non-disposal facility
. operators. .
II
II
2
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTA nON FEE FY 2011
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the
.' COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate
documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage
from being'assessed a dOl,lble fee (once at a non-disposal facility and again at a landfill
within Santa CIani County). The.ProgramFee funding share paid to CITIES shall be used
to assist in funding the costs of preparing, adopting, and implementing the integrated waste
management plan of each of the CITIES and the unincorporated area of the COUNTY. The
HHW Fee portiop shall assist in funding the costs of each city's share ofHHW operations.
5. INSURANCE
. Each party shall maintain its own insurance' coverage, through third party insurance, self
insurance or a combination thereof, against any claim, expense, cost, damage or liability
arising out of the perfonriance of its responsibilities pursuant to this Agreement. CITIES
agree to provide evidence of SUC:h insurance to COUNTY via Certificate of Insurance or
other documentation acceptable to the COUNTY upon request.
6. INDEMNJFICATION
Inlieu of and not withstanding the pro rata risk allocation which might otherwise be
. imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the parties agree that each of the parties hereto shall fully indemnify and hold each
of the other parties harmless from any claim, expense' or cost, damage or liability arising
out of, or in connection with, performance of its responsibilities pursuant to this .
Agreement. ,-,
Additionally, CITY shall indemnify, hold harmless, and defend COUNTY, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses,
including attorney fees and court costs, arising from any misuse of the Fee distributed to
CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, .
agents, and employees with respect to any loss, damage, liability,cost or expenses, .
including attorney fees and court costs, brought by third parties based on COUNTY's sole
. negligence in the collection or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant
to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non
disposal facility payments and disposal documentation required for calculation of Fee
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2011
3
distribution amounts. Distributions shall begin December 15, 2010, arid continue quarterly
through October 15, 2011. '
8. ' PARTICIPATION IN THE COUNTYWlPE HHW,PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by
entering into the AGENCY AGREEMENT FOR COUNTYWIDE-HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES enter'
, into the Agreement, CITIES's share offunds collected for Abandoned Waste Disposal
Costs will be paid directly to the Countywide HHW Program as described in Exhibit C,
Section 3. '
9. LATE PAYMENTS
, If Fee payments and disposal documentation are not received from landflll or non-disposal
facility operato;rs prior to scheduled distribution of payments to CITIES and the
Countywide HHW Program, payment distribution shall be calculated on a pro rata share of
moneys receiv.ed .. Upon collection, late payments and accrued'delinquent penalties, if any,
sh~l be distributed among CITIES and the Countywide IrnW Program according to the
formula in Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and
distribution of the Fee for at least five (5) years after the tennination date of this
Agreement, unless otherWise required by law to retain such records for a longer period.
Such records will be available for inspection upon written request by CITIES, and will
include but not be limited to tonnage reports submitted by landfills and non-disposal
facilities, waste stream documentation provided by cities, payments inade ,by the landfills
and non-disposal facilities to the COUNTY and by-theCOUNrY to CITIES, and
expenditures for programmatic ap.d overhead costs. '
11. REQUEST FOR REVIEW
, In the event CITIES have a dispute regarding the calculation of its share of the Fee or the
distribution or use of the Fee, CITIES may request in writing a review'by COUNTY within
10 days of receipt' of their Fee allocation. The review shall be perfonned withirt30 days of
, request and results shall be reported to CITIES in writing.
'12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and
the COuNTY. ' '
AGENCY AGREEMENT FOR COqNTYWJDE AB 939 IMPLEMENTATION FEE FY 2011
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, 14. INDEPENDENT CONTRACTOR
Each party shall perfonn responsibilities and activities described herein as, an independent
contractor and not as an officer, agent, servant or employee of any of the parties hereto.
Each party shall be solely responsible for the acts and omissions of its officers, agents,
employee, contractors and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between the p~es. '
15. TERM OF AGREEMENT
The tenn of.this Agreement 'shall be from July 1, 2010 ~o June 30, 2011, or until all funds
from the last quarter's Fee payments have been distributed, whichever is later. COUNTY
shall bill the operators of the landfills and non-disposal facilities listed in'ExhiQit A for the
Fee commencing with the Quarter ending September 30,2010. Said landfills and non
dispos,al facilities will be billed for the Fee through June 30, 2011.
16. NOTICES
All notices required by this Agreement will be deemed given when in writing and delivered
personally or deposited in the United States mail" postage prepaid, return receipt re,quested,
addressed to the other party at the address set forth below or at such address as the party
, may designate in writing in accordance with this section.
City of 'Pet l6 ·rt I ~
Contact: f2.on Atj?
Title: &~e/, Gnr/;vtMn-w..ft1 Cu),(./v;,I4crJ~vs
Address: (J()t fx¥ IO~~'V J & 10' ;/-11c., C; 'IJf(J
County of Santa Clara
Contact: Program Manager
Program: Integrated Waste Management Division
, "
Address: , 1553 Berger Drive Building 1
City: San Jose, CA 95112
17. ~ONTROLLING LAW
This Agreement shall be govemedand construed in accordance with the laws of the State
of California. '
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2011
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18. ENTIRE AGREEMENT
. This document embodies the entire Agreement between the parties with respect to the
subject, matter hereof. No modification of this Agreement shall be effective unless and until
modification is' evidenced by writing sign~ by all parties ot their assigned desigtEes.. '
19. COUNTERPARTS
This Agreement may be ·executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
instrument. ,. \
. IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FORCOUNTYW1DE AB939 IMPLEMENTATION FEE on the dates as stated
below:
"COUNTY" , "CITY"
Am s~~ KeVin~
Acting Director of Department of Agriculture and
By: #~~---#~~-+-"""--T-:r-
Title;_~-.aoz.:....lolQ....--"""'-""I...:...>o..<=.w"",",,,,,-;J.-._
Enviro$nental Management .
Date: . G r-t:B:--fa
APPROVED AS TO FORM AND LEGALITY:
'LL F1i"beth 4. PiJmca
Deputy County Counsel
Date: 0 6 (~ 6' (B.. 0 10 ..
Date: _ . ..:...-.3....:..h.;....J~/L..!..IO ____ _
APPROVED BY THE OFFICE OF THE
x,,>J~~.lL Y EXECUTIVE
a Ie '.,
coun~E:utlive .
Date: 0. ~'rC..d-16 . I .
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AGENCY AGREEMENT FOR COUN1YWIDE AB 939 IMPLEMENTAtION FEE FY 2011
~XHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Zanker Materials Processing Facility
. Zanker Road Landfill
NON-DISPOSALFACILTIES AND TRANSFER STATIONS LOCATED IN SANTA
CLARA COUNTY .
Butterick Enterprises Recyclery
California Waste Solutions Recycling & Transfer Station·
City of Palo Alto Green Compo sting Facility
ComCare Fanns Compo sting Facility
Environmental Management Systems Facility
Green Waste Recovery Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility .
Pacheco Pass Landfill. Compo sting Facility
. Pacific Coast Recycling, mc. . . .
Premier Recycling Facility _
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station)
Z-Best Composting Facility
Zanker Materials Processing Facility .
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2011
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EXIllBITB
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each juri~diction located in Santa Clara CountY will receive $1's"0 pe~ ton of solid waste
disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that.
originates from that jurisdiction, as documented in quarterly reports submitted by the
County to the State Disposal Reporting System ..
Fees collected from undocumented disposed tonnage, or tonnage ·originating outside of Santa
Clara County, will.be distributed according·to.eachjurisdiction's percent of countywide
population, according to the latest available population report -issued· by the California
Department of Finance. .
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EXHIBITC
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (BHW Fee)
01. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under AB939, which establishes statutory
authority to provide for funding to o support planning 0 and oimplementation of integrated waste
management programs. The HHW Fee, $2.60 per ton in FY 2011, collected as part of the AB939
Implementation Fee, will be the primary source of funding for Countywide Household Hazardous
Waste Collection Program (ColIHW Program) services. 0 0
Funds denved from the HHW Fee will be allocated among five types ofCoHHW Program
service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each
participating jurisdiction. The numb~r of households will be determined at the beginning of
each Fiscal Year by statistics compiled by the California Department of Finance,
Demographic Research Unit from their most recent Report, "Population Estimates for
California Cities and Counties."
B. Abandoned Waste Disposal Costs will fund disposal ofHHW illeOgally abandoned at
nonprofit charitable reuse organizations. The existmg fund balance from previous years will
fund the Abandoned Wastes Disposal Costs for FY 2011.
C. Variable Cost Per Car to provide a base level service to :4% °of households in all participating
jurisdictions. The number of households is determined by the most receilt "Population
Estimates for California Cities and Counties" Report as published by the California
Department of Finance, 0 DemQgraphic Research Unit
D. 0 Available Discretionary Funding funded on tonnage generated per participating jurisdiction.
2. FIXED PROGRAM COST
Funds shall be distributed on a per hoUsehold basis for Fixed Program CostS. This portion of the
funds shallobe distributed directly to the 0 Countywide HHW Program. Fixed Program Costs
funding shall be calculated at $1.85 per household in FY 20 11. fixed Program Costs may
include, but are not limited to eight (8) CoHHW Program staff members, facility leasing costs,
vehicle lease costs, office rent, office supplies, county administrative overhead, county legal
counsel,. training costs, equipment and facility maintenance, and union negotiated salary and
benefit increases.
AGENCY AGREEMENT FOR COUN1YWIDE AB 939 IMPLEMENTATION FEE FY 2011
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.3. ABANDONED WASTE DISPOSAL COST
The existing unexpended abandoned waste fund balance of $112,000 will fund disposal of HHW
illegally abandoned at nonprofit charitable reuse organizations forFY 2011 .. Therefore it is not
necessary to apportion any of the Fee fqr FY 2011 for abandoned waste disposal costs. All
jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not
participating in the AGENCY AGREEMENT FOR COUNTYwIDE HOUSEHOLD .
. HAZARDOUS WASTE COLLECTION PROGRAM.
For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a'
nonprofit charitable reuse organization as follows: "Nonprofit charitable reus~rtl means a
charitable organization, as defined in Section 50 1 (c)(3) of the federal Internal Revenue Code, or
a distinct operating unit or division of the charitable organization, that reuses and recycles .
. donated goods or materials and receives more than 50 percent of its revenues from the handling
and sale of those donated goods or materials.'
4. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation
and other services provided to the residents at the County HHW Collection Facilities and
Temporary Events. This portion of the, funds shall be distributed directly to the Countywide
HHW Program. The Variable Cost Per Car is estimated to be $67 per car for Fiscal Year 2011.
The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed
costs are allocated on a per household basis, the variable cost per car will be used to calculate the
costs to service 4% of households across all participating jurisdictions. If the level of 4% of
households is not reached, the CountYwide HHW Program will use the remaining balance of
funds, in co()peration with the CITIES, to increase public outreach and/or provide additional
. services in that jurisdiction where the level of 4% is not reached the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste
generated within each jurisdiction and after allocation of fixed program cost and variable per car
cost. Available Discretionary Funds will be paid as directed by each jurisdiction. Available
Dis~retionary Funds must be used for HHW purposes. Options for how to spend these funds
include, but are not limited to, increasing the number of residents served in the jurisdiction by the
Countywide HHW Program, subsidizing curbside used motor oil collection, universal waste
collection, emergency HHW services, funding HHW public education, or providing special
programs such as door-to-door collectionofHHW for the elderly and/or persons with disabilities'
and neighborhood clean-up events.
7. PROGRAM'FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions.
CITIES, at their option, IJlay participate in the Countywide HHW Program by entering into the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. CITIES not participating in the Agency Agreement will receive
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2011
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their pro-rata share of funding received by the COUNTY from the HHW Fee, with the exception
of funds for the abandoned waste cost, described above.
If CITIESnot participating in the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents
to participate. in HHW Program services on ari emergency basis, then services to these residents
will be provided on a cost recovery basis. A charge equal to the established rates charged by the
Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to
the CITIES. A CITIES' representative must call the Countywide HHW Program appointment
line to schedule an appointment for the resident. The pro-rata share of liability will be shared as
defined in Section 28 .of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D.
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AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2011
EXHIBITD
SECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
HOLD HARMLESS AND INDEMNIFICATION
. In lieu of and not withstanding the pro rata ·risk allocation which might otherwise be imposed
between CITY and COUNTY pursuant to Goveinment Code Section 895.6~ the parties agree that
.. all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and
· CITY agree th~t pursuant to Government Code Section 895.4; each of the paities hereto shall
fully indeninify and hold each of the other parties, their officers, board members, employees Imd
agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as
· defined by Government Code Section 810.8) occurring by reason of the negligent acts or
· omisSions or willful misconduct of the indemnifying party,its officers, employees or agents,
under or in connection with or arising out of any work, authority or jurisdiction delegated to such
party.underthis Agreement. No party, nor any officer, board member, employee or agent thereof
· shall be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misConduct of the other parties hereto, their officers, board members,
employees or agents, under or in connection wilb. or arising out of any work authority or .
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jurisdiction delegated to such other parties under this Agreement. ..
Additionally~ CiTY shall indemnifY COUNTY for CITY'\S 'app~rtioned share of any liability
incurred and attributed to the Countywide HHW Program for the transportation, treatment, or
disposal of the household hazardous waste, once the waste has been accepted by a licensed
hazardous waste hauler. Apportionment for disposal liability shall be detennined by each
participating jurisdiction's pro rata proportion of household participation in the Program. '
Apportionment for transportation and treatment liability shall be determined by each
,participatingjurisdiction's pro rata hoUsehold participation at the event where the waste was
genenited. COUNTY ,will use reasonable efforts to obtain recovery frolll all available 'resources,
including insurance, of any liable hauler or liable disposal facility operator. 'No liabiiity shall be
apportioned to CITY for transportation, treatment or disposal in 'any case where COUNTY has
contracted' for such s~rvicesand' has failed to require the contractor to maintain the insurance
requirements set forth in Section 25 above.
CITY shall furth~r indeQ1I1ifyCOUNTY for CITY's apportioned share of liability, incurred and
attributed to the Countywide HHW Program for the transportation, treatment or disposal of
household hazardous waste at corporate sponsored events where non-county resident employees
of the corporate sponsor are authorized to participate in the event. Liability for the nonresident
portion of the disposal of waste shall be shared by ,the cities and the county as described above., '
The nonresident portion shall be determined by calculating the percentage of nonresidents '
participating in the event. This percentage will then be subtracted from the total liability for the '
household hazardous waste prior to assessing CITY's apportioned share of any li;tbility for the
household hazardous waste.' ,
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AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2011
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COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for
their apportioned share of any liability incurred and attributed to the Countywide HHW Program
for the transportation, treatment; or disposal of their hazardous waste, once the waste has been
accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser
portion of the waste shall be determined by calculating the percentage, by weight, of the total
household hazardous waste accepted by the CoHHW Program. This percentage will be used to
calcQ.late the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will
be subtracted from the tota1liability prior to assessing CITY's apportioned share of any liability
for: household hazardous waste.
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AGENCY AGREEMENT FOR COUNTYWlDE AB 939 IMPLEMENTATION FEE FY 2011