Agenda

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INTERNAL OPERATIONS COMMITTEE

Meeting Date:	10/12/2015
Subject: WASTE HAULER ORDINANCE
Submitted For:	William Walker, M.D.
Department:	Health Services
Referral No.:	IOC 15/8
Referral Name:	Waste Hauler Ordinance
Presenter:	Marilyn Underwood	Contact:	Marilyn Underwood (925) 692-2521

Information

Referral History:

On May 8, 2012, the Board of Supervisors referred to the Internal Operations Committee a review of the Waster Hauler Ordinance in order to address a number of problems with illegal haulers including:

complaints that illegal haulers have been hired by private parties to remove refuse, and some of these companies have subsequently dumped the collected material along roadways and on vacant lots.
incidents in which the Sheriff's Department found refuse haulers with improperly secured loads, which pose a hazard to motorists if items fall onto roadways.
haulers that have been found transporting the collected materials to illegal transfer stations that have not undergone the required zoning, environmental, and permitting review, and pose significant threats to public health and the environment.
haulers that have been found collecting residential or commercial garbage in violation of local franchise agreements.
haulers that are not posting the bond required by Contra Costa County Ordinance Section 418-2.006. This bond is intended to ensure compliance with applicable laws. It is questionable if illegal haulers carry liability insurance, and they may not be in compliance with tax or labor laws.

The Internal Operations Committee held several discussions on this matter over the last three years, during which substantial work and progress were noted. The IOC requested Environmental Health staff to work with the County Counsel to develop a final draft ordinance for circulation to stakeholders for comment, and then for consideration by the IOC. Work on the ordinance was suspended for several months in 2014 but resumed in early 2015.

County staff studied existing agreements with franchise waste haulers to determine the extent to which they might conflict with the County's proposal. This examination necessitated meetings with the franchisees and the waste authorities to clarify and resolve any such conflicts. In July 2015, Environmental Health presented a conceptual draft of the waste hauler ordinance and ten key issues on which policy direction was needed before further work on the ordinance could proceed. The ten issues were discussed and the IOC provided direction to EH to return with a revised draft ordinance in October.

Referral Update:

Attached is an update from Environmental Health on the status of the development of a waste hauler ordinance.

Recommendation(s)/Next Step(s):

ACCEPT report on the status of the development of a waste hauler ordinance and provide policy direction to staff.

Attachments
Environmental Health Status Report on Development of Waste Hauler Ordinance_October 2015