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HomeMy WebLinkAboutStaff Report 1485City of Palo Alto (ID # 1485) City Council Staff Report Report Type: Consent Calendar Meeting Date: 7/18/2011 July 18, 2011 Page 1 of 7 (ID # 1485) Summary Title: Contract Approval for Household Hazardous Waste Title: Approval of a Contract with Clean Harbors Environmental Services, Inc. in the Amount of $418,000 Per Year for Household Hazardous Waste Management and Emergency Response Services From:City Manager Lead Department: Public Works Recommendation Staff recommends that Council: 1.Approve and authorize the City Manager or his designee to execute the attached contract with Clean Harbors Environmental Services, Inc. (Attachment A) for a period of three years in a not to exceed amount of $390,000 for the first year for household hazardous waste (HHW) and 24 hour emergency response services; and 2.Authorize the City Manager or his designee to approve fee increases to the contract for the second and third year, provided the proposed increased cost of the fees do not exceed the Consumer Price Index for all urban consumers (San Francisco-Oakland-San Jose, CA). 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. 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. July 18, 2011 Page 2 of 7 (ID # 1485) HHW Element -In 1989, AB 939 was passed mandating that cities adopt and submit a HHW Element (HHWE), 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 selected the development of a permanent HHW facility to phase out the monthly collection events that were taking place during that time. At the time, Palo Alto decided to continue its own program instead of joining the Santa Clara County HHW Program since Palo Alto had a mature well-run HHW program that predated the Santa Clara County program. RWQCP -In the early 1990’s, the Palo Alto 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 Currently, Palo Alto 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; 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 July 18, 2011 Page 3 of 7 (ID # 1485) Collection Facility. These recyclable HHW are stored in bulk quantities so that full loads of HHW can cost effectively be transported to a certified recycling facility; Curbside pickup –The City’s Waste Hauler (Greenwaste of Palo Alto) collects used motor oil, oil filters, and household batteries at the curb from residents during their routes. Also, Greenwaste of Palo Alto 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; 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 (ZWOP); 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”. July 18, 2011 Page 4 of 7 (ID # 1485) ·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 prevention programs which the Public Works’ Environmental Compliance Division must meet its obligations under the 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 most 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. Businesses are heavily regulated to prevent toxics from killing the “good” bacteria in the RWQCP. The RWQCP was not designed to remove toxic waste and a portion flows through the treatment plant and into the San Francisco Bay. Removal rates vary from extremely low to over 90% for some toxics that can absorb onto sludge particles. However, even that removal has a dark side as some “removed” pollutants volatilize to the atmosphere. With tens of thousands of chemicals now in use, local governments’ ability to monitor all of them has been overwhelmed. Landfill Groundwater Contamination Concerns: The HHW program contains a hazardous waste exclusion program to reduce the illegal disposal of HHW in the landfill. Illegal disposal of HHW in the landfill 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. 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. Exposure to HHW may cause health hazards. 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 July 18, 2011 Page 5 of 7 (ID # 1485) 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. Discussion The work to be performed under this contract includes the operation the City’s ongoing monthly HHW program, a CESQG Program, a door-to-door HHW pickup for physically limited residents program, the consolidation, packaging transportation and recycling of recycling center household batteries and fluorescent tubes and a weekly appointment- based HHW drop-off program at the hazardous materials storage locker at the entrance to the WQCP.The weekly appointment-based drop-off accommodates residents that can’t wait for the monthly event because they are moving or other reasons. Part of this scope of work also requires the Contractor to provide for 24-hour hazardous waste emergency spill response services. Selection Process A notice inviting formal proposals for the work was posted at City Hall and sent to four pre-qualified contractors on March 24, 2011, the bidding period was 26 days. Proposals were received from two qualified contractors on April 19, 2011. Summary of Solicitation Process Proposal Description/Number Household Hazardous Waste and Emergency Response Services/RFP #140620 Proposed Length of Project 36 months Number of Proposals Mailed 4 Total Days to Respond to Proposal 26 Pre-proposal Meeting Date N/A Number of Proposals Received:2 July 18, 2011 Page 6 of 7 (ID # 1485) An evaluation committee consisting of three staff members from the Public Works Operations Division reviewed the proposal to ensure that the firm was responsive to the criteria identified in the RFP. The criteria used to select the recommended firm included: ·Quality and completeness of proposal; ·Quality, performance and effectiveness of the solution and services to be provided by the Proposer; ·Proposers experience, including the experience of staff to be assigned to the project, the engagements of similar scope and complexity; ·Cost to the city; ·Proposer’s financial stability; ·Proposer’s ability to perform the work within the time specified; ·Proposer’s prior record of performance with city or others; and ·Proposer’s compliance with applicable laws, regulations, policies (including city council policies), guidelines and orders governing prior or existing contracts performed by the contractor. Clean Harbors was selected because of the experience of key staff that will be assigned to the City’s program, and because of their prior record with the City. Clean Harbors (or their subsidiaries) has been the City’s HHW Contractor for over 15 years. Staff confirmed that Clean Harbors has all of the State and local permits required for this work. The 3-year term, scope of work and procurement process used for this contract follow the same approach as HHW contracts let by the City in previous years. Resource Impact Funding for this contract is available in the Refuse Fund’s FY 2012. Policy Implications This project does not represent any change to existing City policies. Environmental Review The HHW program was reviewed in the negative declaration for the Source Reduction and Recycling Element and Household Hazardous Waste Element approved by Council on June 6, 1991 (Negative Declaration No. 91-EIA-12). The CESQG program was reviewed in the negative declaration for the implementation of the program approved by Council on June 24, 1993 (Negative Declaration No. 93-EIA-22). Attachments: ·Attachment A: Contract (PDF) July 18, 2011 Page 7 of 7 (ID # 1485) Prepared By:Ron Arp, Manager, Environmental Control Programs Department Head:J. Michael Sartor, Interim Director City Manager Approval: James Keene, City Manager