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Resolution No. 4326 " .. ~ 4 .. 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 4326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON CONTINUING THE USE OF CITY PROPERTY AT 2125 55th St., VERNON, CALIFORNIA, FOR A SOLID WASTE DISPOSAL SITE , THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS: WHEREAS, the City of Vernon has utilized City property located at 2125 55th St., Vernon, California, for a solid waste disposal site continuously since January 1, 1958; and WHEREAS, said solid waste disposal site has been used on~y for the disposal of non-hazardous wastes by City departments and City contractors; and WHEREAS, during the eighteen (18) years that said solid waste 10 11 12 disposal site has been in continuous use, it has provided the City 13 with an effective and sanitary method of disposal; 14 NOW, THEREFORE, BE IT RESOLVED: 15 SECTION 1: That the City Council of the City of Vernon finds 16 public need and necessity exists for the continuance of the City 17 of Vernon solid waste disposal site at 2125 55th St., Vernon, 18 California. 19 SECTION 2: That the City Clerk of the City of Vernon shall 20 certify to the passage of this Resolution and thereupon and there- 21 after the same shall be in full force and effect. 22 23 ADOPTED AND APPROVED this 6th day of May, 1975. I 24 25 26 ~T: .. :: ~~ City Clerk 29 30 31 32 .' .- II I I . I I 11 I 1!1 II 211 3;1 411 II 5i I 1 1 :[1 8 9 101 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ... STATE OF CALIFORNIA ) ) 55. COUNTY OF LOS ANGELES ) I, F. A. -ZIEMER, City Clerk of the City of Vernon, do hereby certify that the foregoing resolution, being Resolution No. 4326, was dulyadopteq by the City Council of the City of Vernon, and approved by the Mayor of said City, at a regular meeting of the City Council held on May 6 , 1975 Clerk t.o.. ~p STATE OF CALlFORNIA'"-THE RESOURCES AGENCY EDMUND G. BROWN JR., Governor STATE SOLID WASTE MANAGEMENT BOARD ROOM 1335, RESOURCES BUilDING 1416 NINTH STREET . SACRAMENTO 95814 - April 9, 1975 RECEIVED If- )"5.- 7r E. A, ZIEMER crrv CLERK TO: INTERESTED PARTIES Attached is a copy of the regulations for the implementation of Government Code Section 66783.1 (SB 1797 of 1974) concerning the siting of solid waste facilities and amendments to the guidelines for preparing county solid waste management plans. These regulations have been adopted by the State Solid Waste Management Board and will soon be included in the Administrative Code. This is being forwarded to you in order to inform you of the State's latest additional requirements for solid waste operations and county solid waste management planning activities. These regulations came about to a large extent, at the request of some cities and counties and are aimed at assisting in the county solid waste management planning process. Sincerely, L ~.~e;:t/l:/t(~rt;;;~< ~'~L Albert A. Marino Executive Officer Attachment aD RECYCLED PAPER ~ r 2/5/75 PROPOSED REVISION CALIFORNIA ADMINISTRATIVE CODE TITLE 14. NATURAL RESOURCES DIVISION 7. SOLID WASTE MANAGEMENT BOARD CHAPTER 1. (RESERVED) CHAPTER 2. PLANNING GUIDELINES FOR THE PREPARATION OF SOLID WASTE MANAGEMENT PLANS Article 1. General 2. Purpose and Intent 3. Definitions 4. Responsibility 5. Plan Preparation 6. Submittal, Review and Approval 7. Contents of the Plan CHAPTER 2. PLANNING GUIDELINES FOR THE PREPARATION OF SOLID WASTE MANAGEMENT PLANS Article 6. Submittal, Review and Approval 17150. Submittal of Preliminary Draft. One copy of the preliminary draft of the plan shall be submitted for review to the board concurrently with submittal for review to the cities and the regional planning agency for the region recognized by the Council on Intergovernmental Relations. for re7ic',. Informal oammento "ill be rct~rncd by The Board, the cities and the regional planning agency shall have at least 30 days but not more than 60 days in which to provide comments to the county from the time the plan is received. indicat~ su~~e~tcd revi3ien3, if nceded. The regional planning agency shall submit a copy of any comments to the board. 17151. Review by Regional Planning Agency. The proposed final plan shall shall be submitted by the county for review and comments to the regional planning agency for the region recognized by the Council on Intergovernmental Relations at least 15 days prior to submission to the board. The regional Wording in italics reflects changes made after the February 14 public hearing. ~ -2- plannin~ a~ency shall submit any comments to the county and the board within 30 days of the receipt of the proposed final plan. 17152. Approval by Cities. Cities shall either approve or disapprove the proposed final plan within 60 days of receipt of the plan. TR9 pIg lRust 68 Q9991Rp8iAi8Q liy Approval actions shall be in the form of resolutions ~ t1P:PJ'8~ral from the governing body of the cities eity 99\lR9ile within the county. The resolutions shall state the cities' concurrence in: (a) the objectives set forth in the plan, (b) the method and/or organization for implementation of the program, (c) procedures for financing the recommended program, and (d) the role identi1'ied in the plan for the particular city. Approval of the plan is required by a majority of the cities within the county which contain a majority of the population of the incorporated area of the county. The plan must be accompanied by copies of the cities' approved resolutions and a statement containing numerical tabulations showing conformance to this requirement. The population shall be based on those estimates prepared by the State Department of Finance, Population Research Unit, for carrying out the requirements of the Tax Reform Act of 1972 (Chapter 1406, Statutes of 1972 as amended by Chapter 358, Statutes of 1973). Where a city disapproves the proposed plan, the city shall notify the county stating its reasons for such disapproval. The county shall submit this information to the board. ... .. 10 II 12!1 1311 141 15 ~ I' ,! 11! DRAFT 2/3/75 CALIFORNIA ADMINISTRATIVE CODE TITLE 14 2 DIVISION 7. SOLID WASTE MANAGEMENT BOARD 3 4 Chapter 1. (RESERVED) 5 Chapter 2. PLANNING GUIDELINES FOR THE PREPARATION OF SOLID WASTE 6 71 I 81 91 MANAGEMENT PLANS Chapter 3. MINIMUM STANDARDS FOR SOLID WASTE HANDLING AND DISPOSAL (RESERVED) Chapter 4. CONFORMAHCE OF SOLID NASTE FACILITIES TO COUNTY SOLID WASTE MANAGE~mNT PLANS Articles: 1. Gene ral 2. De fini tions 3. Facilities Proposed Prior to Approval of County Plan Ie Chapter 4. CONFORMANCE OF SOLID WASTE FACILITIES TO COUNTY SOLID 4. Facilities Proposed After Approval of County Plan 17 18 19 WASTE MANAGEMENT PLANS Article 1. General 20 17900. Authority. The regulations contained herein are prescribed 21 22 23 24 25 :: I II \. :'w'''' "'''Pt:~ \,-('p,' 'I ".( (,'H ~"L .0"....1, .. .' ~ 1 '" ,Nt w ., :,".:., I I ....t '".. . -,' ..,... J .,." t by the State Solid Waste Management Board pursuant to authority granted in Government Code Section 66783.1 and 66784 to determine the need of a new solid waste transfer station or disposal site in counties where a solid waste management plan has not been approved by the Board and to assure that any new solid waste facilities will be in conformance with the solid waste management plan where such plans have been approved by the Board. .. .. -2- 1 17901. Scope. These regulations are intended to stipulate the 2 manner in which the Board will determine (1) the necessity of the .3 immediate implementation of a facility because of protection of the 4 public health or because of public need or, (2) if a facility is 5 in conformance with the county solid waste management plan. 6 7 17902. Applicability. The regulations of this Chapter are to be 8 followed by any person before commencing the ~ollowing actions: 9 (a) Operation of a new solid waste transfer station or disposal site 10 prior to the approval of the county solid waste management plan by II the Board, and 12 (b) Establishment or operation of a new solid waste disposal site, 13 transfer station, waste processing or resource recovery facility 14 after the county solid waste management plan has been approved by 15 the Board. 16 17903. Waivers. The Board at its discretion may waive the require- 17 mentsof this Chapter for solid waste disposal sites for such 18 reasons as size, duration of operation, purpose, types of wastes to 19 be disposed of, and emergency situations. 20 17904. Noncompliance. If a city or county or the Board finds a 21 facility has commenced operation after August 28, 1974 and the Board 22 has not made a determination of findings in accordance with Section 23 17931 and Section 17938 of this Chapter, the facility owner and/or 24 operator shall be required to file a notice of intent or notification 25 of proposed facilities as required in Section 17926 or Section 17936. 26 Failure to file a notification as required by this Section within 27 fifteen (15) days of notice by a city, county, or the Board may COllRT J'APFH COPY "'.rLO" C",\rt O~NI" ""u ,t _lA, P<., 'IA/ tl 7tll ....,..... J... .. "III 'r (,_1ft .. -3- 1 result in action through the Attorney General's Office. 2 17905. Violations. ~e Board shall after notification, at a 3 public hearing, make a finding of public health, need and necessity, 4 or the Board, a county or a city, may bring action to terminate 5 operation of a facility which was placed into operation in violation 6 of the requirements of this Chapter. 7 Article 2. Definitions 8 17906. General. (a) Whenever the following words are used in the\!!H! 9 regulations of this chapter, they shall have the meaning ascribed 10 to them in this Article unless otherwise defined. II (b) All terms defined in Article 2, Chapter 1, Title 7.3 of the 12 Government Code shall for the purpose of these regulatiOns be deemed 13 to be used with the same force and effect as in said Article, except 14 as expressly modified herein. 15 17907. Board. Means the State Solid Waste Management Board. 16 17908. Disposal Site or Sites. Includes, the place, location, tract 17 of land, area or premises in use, intended to be used, or which has 18 been used for the disposal of solid waste~. 19 17909. Emergency. Means a sudden unexpected occurrence demanding 20 immediate action to prevent or Iutigate loss or damage to life, 21 health, property, or essential public service. 22 17910. Establish. Means the commencement of construction sf any 23 iffi~Y6vemeftto for the purpose of erecting and operating solid waste 24 facilities including disposal sites, transfer stations, and waste 25 processing or resource recovery facilities. 26 17911. Facility. Includes a solid waste disposal site, transfer 27 station, waste processing facility or resource recovery facility or C'c..lll'.' PAPi: ~ LOP" ..IArt 01 C....LIH.HfrH.. "'11 II '4 .....IVit'I. '0)\ .""4' '''.1. ,,1 ..~'.. ,t " '_~" i -4- 1 any combination thereof. 2 17912. Land Use Approval or Use Permit. Means the official action 3 taken by the appropriate city or county granting approval for 4 specific use of a parcel for location and operation of the facility. 5 17913. Person. Includes an individual, firm, association, 6 copartnership, political subdivision, government agency, municipality, 7 industry, public or private corporation or any other entity whatso- 8 ever. 9 17914. Plan or County Plan. Means the county's official solid 10 waste management plan including any future approved amendments. 11 17915. Project Proponent. Means the person notifying the 12 respective local governmental entity or the Board of plans to 13 operate a solid waste facility pursuant to Section 66783.1 or 14 66784 of the Government Code. 15 17916. Resource Recovery Facility (Site). Includes the place 16 where reclamation or salvage of wastes for reuse, conversion to 17 energy or recycling is conducted. 18 17917. Solid Wastes or Wastes. Include all putrescible and non- 19 putrescible solid and semi-solid wastes, such as refuse, garbage, 20 rubbish, paper, ashes, industrial wastes, demolition and construction 21 wastes, abandoned vehicles and parts thereof, discarded home and 22 industrial appliances, manure, vegetable or animal solid and semi- 23 solid wastes, and other discarded solid and semi-solid wastes, and 24 also includes liquid wastes disposed of in conjunction with solid 25 wastes at solid waste transfer stations, processing facilities or 26 disposal sites, but excludes: (1) sewage collected and treated in 27 a Hl\iRiei!lal el!' rCl!fieRal seweraqesvstem 01" (2) materials 01" COLl"T ,....PtR CCf'Y __'A.TI O. (","'l.Ift."ltofhPA S"'r-. 1:l.. . ""t ~ d. ",,), ...... ....t. !,-I .,..... '1 0." substances having commercial value which have been salvaged for reuse, recycling 01" resale. .Ji' -5- 1 17918. Solid Waste Management. Includes a planned program for 2 effectively controlling the generation, storage, collection, 3 transportation, processing and reuse, conversion or disposal of 4 solid wastes in a safe, sanitary, aesthetically acceptable, 5 environmentally sound and economical manner. It includes all 6 administrative, financial, environmental, legal and planning 7 functions as well as the operational aspects of solid waste handl- 8 ing, disposal and resource recovery systems necessary to achieve 9 established objectives. 10 17919. Transfer Station. Includes those intennediate waste handl- II ing facilities where solid wastes are transferred from hauling 12 vehicles to a transfer vehicle and where the waste or a portion 13 thereof may undergo incidental processing, recycling or further 14 handling before transport to a disposal site, waste processing 15 facility, or other facilities. 16 17920. Waste Processing Facility (Site). Includes those plants 17 or sites where solid wastes are subject to processing operations 18 invblving reduction, separation, recovery ~ conversion.sF reeY91~Rg 19 17921. Environmental Impact Report Notice of Completion. Means a 20 report filed with the Secretary for Resources upon completion of . 21 the draft Environmental Impact Report as required by Section 22 15085(c) of the Guidelines for Implementation of the California 23 Environmental Quality Act of 1970, as amended, contained in Title 14 24 of the California Administrative Code. 25 26 27 ('()lIRT P/>'PCF! ,-op," . 1 A". CHc-.4LI' O...~IA ""Il .t.tA tNt W II It)l ..... 't... .... f..'W t l.t..",. 4> -6- 1 Article 3. Facilities Proposed Prior to 2 Board Approval of County Plan 3 17925. Purpose. This Article is intended to be applied only to 4 new solid waste disposal sites and transfer stations proposed to 5 be placed in operation prior to the completion and Board approval 6 of the county plan. 7 17926. Filing of Notice of Intent. (a) Persons planning to commence 8 operation of a new solid waste disposal site or transfer station 9 which has been granted land use approval by the city or county 10 shall file a notice of intent with the Board. Such notification II shall be made on forms provided by the' Board and shall be filed at 12 least forty-five (45) days before the scheduled operation of the 13 facility. 14 (b) Persons proposing to place a waste processing facility in 15 operation prior to Board approval of the county plan must submit of such intent 16 ~ notice Ito the Board accompanied by infonnation adequate to 17 permit the Board to detennine if the facility is governed by this 18 Article. For the purpose of this Article, a waste processing 19 facility is a facility to which solid wastes are delivered for 20 processing and from which the waste quantities to be disposed of 21 after processing, are incidental to the total quantity received. 22 However, if satellite storage bins or containers are used for 23 storage of solid waste prior to their delivery to the processing 24 facility site, and if such storage units are not secured from the 25 general public or do not have,an attendant in charg~ in order to 26 monitor the quality of waste placed in such units, then the proposed 27 processing facility shall be subject to the Article. COURT P"P. R COf>Y aT4TII OF C..Ll..Ot>t.....4. SlD 113" IP\it'Wt' 7CH .......'I~. .'" ......... '1' ~"ll.... ... " -7- 1 17927. Facility Location and Information. A map of the county in 2 which the transfer station or disposal site is to be located shall 3 be submitted with the notice. The map shall show the locations of 4 all communities and all existing transfer stations and disposal sites 5 in the county, together with the proposed site of the subject 6 facility. The service areas of the current facilities and the 7 anticipated service area of the proposed facility shall be shown 8 on the map. Information to be submitted shall include data needed 9 by the Board to make a finding, such as, the aIlOunt of acreage 10 involved, projected site life, type and volume of wastes handled. 11 17928. Land Use Approval. The project proponent shall submit with 12 the notice of intent, certification that the city or county has 13 granted land use approval for the proposed facility. 17929. Justification of Need. The project proponent shall submit 15 information justifying the need for the facility. The local entity 16 granting land use approval shall submit/a statement of any 17 information relative to public need and necessity as identified at submit a statement as to 18 the local level. The county shall Be-~~Veft-~Re-e~~~~~ft~~y-~e 19 ~ft~~ft the relationship of the proposed facility to the proposed 20 county plan. 21 17930. Review by the Board. Within thirty (30) days of receipt 22 of the notice of intent, the Board shall review the notice of intent 23 and inform the project proponent of any additional information 24 needed. 25 17931. Determination of Findings by the Board. Within forty-five 26 (45) days after the receipt of a complete notice of intent and the 27 certification that the applicable land use approval has been '.".'11 P"PlR CCPY "'...'1 (H t.'4Lr'OHN'A .....r. 11 "~A I"'-tw ".101 411 ... '.. . " 4."JN " l'~" COu"T rArfH COPY '-I.r. (U' ....ALtlONI'.... S'n ."" 1~.\Vd.'C\i ...'....."...~ ........., "-,, -8- 1 obtained, the Board at a public meeting shall make a finding for or 2 against the need of the facility to protect the public health or 3 because of public need and necessity. In matters peI'taining to pubUc 4 heaZth, the Board shaZZ obtain concurrence of the Department prior to 5 making a finding. The project proponent and the local entity and 6 where applicable, the Regional Water Quality Control Board, shall be 7 notified of the Board's action. 8 17932. Exemptions. Any facility is exempt from the requirements 9 of this Article if there has been an environmental impact report 10 notice of completion filed with the state, or if the land use 11 approval has been issued for the facility by the city or county 12 prior to August 28, 1974. 13 Article 4. Facilities Proposed After 14 Board Approval of County Plan 15 17935. Purpose. This Article is intended to be applied to new 16 solid waste disposal sites, transfer stations, and waste processing 17 or resource recovery facilities proposed to be established and 18 operated after completion and Board approval of the county plan. 19 17936. Notification of Proposed Facilities. Persons planning to 20 establish or operate a new solid waste disposal site, transfer 21 station, waste processing or resource recovery facility shall 22 notify the Board of their intent at least forty-five (45) days 23 prior to the scheduled commencement of construction of the 24 facility. A copy of the notice shall be submitted to the local , 25 agency that has been selected to maintain the county solid waste 26 management plan of the county in which the proposed facility is to 27 be located. "~.-.... -9- 1 17937. Coordination with the County. Within fifteen (15) days 2 after receipt of the notification from the project proponent or at 3 the request of the Board, the local agency that has been selected 4 to maintain the county solid waste management plan shall inform the 5 Board of their evaluation of whether the proposed facility conforms 6 or does not conform with the county plan. 7 17938. Determination of Findings by the Board. Within forty-five 8 (45) days after the receipt of a notification of a proposed 9 facility, the Board at a public meeting shall make a finding of, 10 conformance or non-conformance with the County Plan. The Board 11 may extend the time period to obtain additional information if 12 necessary. 13 17939. Determination of Non-Conformance. If after review of the 14 necessary information the Board determines the proposed facility 15 not to be in conformance with the county plan the Board may, after 16 public hearings inform the county and the project proponent that: 17 (1) the proposed facility is not in conformance with the county 18 solid waste management plan and cannot be implemented. 19 (2) that an amendment to the plan can be submitted to the Board 20 to include the proposed facility. Any amendment to a county solid 21 waste management plan shall be subject to the requirements of 22 Section 66780 of the Government Code and Title 14, Division 7, 23 Chapter 2, Articles 1 through 7 of the Administrative Code. 24 25 26 27 COllRT PAPER COpy .TATC 0' CO\L.'''OMNIO\ StD '1)~ t""lW tI.101 ......,'~"t ..,,,) ....,.,.. Ir os..