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Home My WebLink About0210.091llarch 28, un THI! HONORABLE CITY COI1NCrL Palo Alto, california peaiqnation of Santo Clara county pepartment of PUblic Heolth DR Local Infgrcgent. Agency Cor the Pa.lo Alt.o Landfill X-"" of the Council, _port in Brief Thi. report rf!!colmlends that council approve the attached resolution designating the santa Clara COunty Oepartment of Public Health as the sole Loc~l Enforcement Aqency (LEA) for tha Palo Alto Landfill and requesting that the county of santa Clara and the California l:ntelJrated Wute Management Board (CIWMB) approve this designation. Baqkqround state lav requires that a LEA be designated to permit and regulate landfills in California. Since ~977, the Palo Alto City Manager's Office has been designated as the LEA tor non-health related .tandarda and the County of Santa Clara bas bean designated as the LEA for health related standards. The CIWMB granted a conditional waiver to the City Manaqer'. Office to delegate LEA Assembly Bill 939, which vas s.igned into law In 1989, prohibits a local governaent or agency trOll actinq as both a LEA and an operatinq unit tor a solId waste disposal operation. In February 1991, the CINKB sent a letter to the Xanaqer's Office requesting that the City resolve this issue. n should be noted that the .. ctions bei!l9 taken are not based on any deficiency in the City'. performance of its duties as the LEA, but on a change in law prohibiting the LEA arram;ement the City currently has .. Diacrussion Staff is recommending that the City Council designate the Santa Clara County Department of Public Health as the sole LEA for the City of Palo Alto. The designation will aean that the County will aalte weakly 1nspec::tions of the landfill, report to the CIWMB, and facilitate actions .uch as permit reviews and revision.. stat.! bas worked clo.ely and cooperatively with the County over the past few years .s co-LEA. Statf will continue to pertora it~ own weekly l ... pe~iona of the landfill. to ensure that the faoility is in COIIpHanee vi th the regulations. '!'he COU!]ty b.... alJraed to take over a. ~e LEA for the City, when the Santa Clara County Beard of SUpervisors accept. the City's designation by resolution and the new designation 1 .. approved by the CIWIIB. -1- CHR:210:91 <.' ' .. ! 4 , 1 i II I . ~~ .::.;,~i. ....... .,/ "-. 'l'gol Impac;t; The City currently pay. f.e. to the county at santa Clara, which inclUde LEA t ••• ror the County'. actIvit!... The tee rate vill r ... ln. tbe .... tor the county to tunction •• the 801e LEA. As in the pa.t, .pec!al activit! •• such as perait reviews and revi.ions viII be .ubject to special asses.ment fees. 80p0R.MAt.i on' Steff recoaaenda that the Council approve the attached resolution Which duiqn .. tea the Santo. Clara County Department of Public Health a. the 801e Local Enforcement Agency for the Palo Alto Landfill and requests that the COUnty of santa Clara Soar~ of Supervisor. and the california Integrated Waste X""ag_ent BaareS approve thlB ct.aignatlan. . Respectfully aubaitted, ,-//k.L.h7~~/i' MICHAEL B. MILLER Deputy Director. Public Works Operations DAVID G. ADAKS D ector of Attachaent.: Resolution ce: county of Santa Claro, Department of Public Healtb california Integrated Waste Xanog_ent BoarcS -2- CIIR:UO:U • , " ," o !U!SOWTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO REQUESTING THE COONTY OF SANTA CLARA HEALTH DEPARTXEI/T TO ACT AS 'l'lIE LOCAL ENFORCEMENT AGENCY FOR THE CITY UNDER T'dE CALIFORNIA INTEGRATED WASTE MANAGD!EN'l' ACT WHEREAS .. under a waiver qranteQ by the Californ1& Waste Management Board pursuant to California Government Code Section 66796 eel. the Public Works Department of the City of Palo Alto (the ·City-) was named the local enforcement a.gency res-p?nsible for non-health related issues affecting ~olid waste handling and disposal in the City pursuant to the Z'berq--Rapiloff solid Waste Control Act of 1976; and WHEREAS. Government Code Section 66796 {e) was repealed. when the California Integrated Waste Manaqement Act was enacted in 1989 (Public P.esources Code Section 40000 et seq; the -Act-): and WHEREAS, the City council has determined that such local enforcement activities would best be served by L~e County of Santa Clara~ which has ali enforc~ent powers over he~lth related issues a~fectlnq solid vaste bandlinq and disposal in the city; and WHEREAS, the callfccnia Integrated Waste Management Board must approve the designation of the County of Santa Clara as the sole local enforcement aqency for the City under the Act: NOW, THEREFORE~ the Council of the city of Palo Alto does hereby RESOLVE as follows: SECTION 1. The Council hereby withdraws its deSignation of the City Public Works Department as a local enforcement agency for the city and requests that the County of santa Clara act to assume all local enforcement agency functions for the city under the Act. SECTION' 2. "i"'he Council hereby dir-ects the City Manager, if the County of Santa Clara acts favorably to asaume such responsi bilities" to request on behalf of. the city that the California Integrated waste Management Beard approve the transfer pursuant to the Act, SECTION 3. Prior to any approval by the county of Santa Clara and the California Inteqrated Waste Manaqement Board of 5uch transfer, the Council hereby directs the city PUblic Works Department to retain its current local enforcement aqency powers with respect to solid waste handling and disposal matters in the City. 1 ~--"---- • '§Lerro" 4. This resolution Is not a project tor purposes of the California Environmental Quality Act. DITROO!1CEll AND PASSED: AYES: lfOES: ABSZN'l': ABSTENTIONS: ATTEST: APPROVED: city Clerk Mayor APPROVED AS TO FOllM: city Manager AssIstant City Attcrney Director ot Public Works 2