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D. 2

To:	Board of Supervisors
From:	Catherine Kutsuris, Conservation & Development Director
Date:	December 15, 2009

Contra

Costa

County

Subject:

Amend County File # LP2054-92 adding Condition of Approval #6.17 for the collection of a Local Enforcement Agency fee

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/15/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

John Oborne, 925-335-1207

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 15, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. OPEN the public hearing and take testimony on the proposed land use permit amendment.



2. CLOSE the public hearing.

RECOMMENDATION(S): (CONT'D)

3. FIND that the action is exempt from CEQA pursuant to Section 15061 (b) (3); the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

4. ACCEPT the recommendation of the County Planning Commission contained in Resolution No. 29-2009 (attached as Exhibit 1).

5. APPROVE an amendment to Land Use Permit No. 2054-92 (attached as Exhibit 2), adding Condition of Approval No. 6.17 (attached as Exhibit 3) to facilitate the collection of fees to fund the County's Local Enforcement Agency.

6. Direct the Conservation and Development Department to post the Notice of Exemption with the County Clerk.

FISCAL IMPACT:

The approval of this amendment would facilitate the collection of a Local Enforcement Agency fee of $353,010.00.

BACKGROUND:

The Environmental Health Division of Contra Costa Health Services is certified by the California Integrated Waste Management Board to be the Local Enforcement Agency (“County LEA”) of Contra Costa County with the exception of the City of Pittsburg. The County LEA is authorized to collect tonnage fees established by the Contra Costa Board of Supervisors from solid waste facility operators to fund the cost of the County LEA’s solid waste enforcement activities.


In July 1993, the County Board of Supervisors approved a Land Use Permit (LUP 2054-92) allowing West Contra Costa Sanitary Landfill (“WCCSL”) (Applicant & Operator) to construct and operate a bulk material processing and resource recovery center at the landfill site in North Richmond. In December 2004, amendments to the Use Permits issued by the County and City of Richmond were approved allowing expansion of various permitted resource recovery operations on-site as well as a new solid waste transfer station, know referred to as the Golden Bear Transfer Station (“Golden Bear”).


In or about September of 2006, active landfill disposal operations at the West County Landfill ended and utilization of the Golden Bear facility to manage and transfer solid wastes began. No LEA tonnage fees were remitted to the County for the solid waste deposited at Golden Bear from October 1, 2006 through January 31, 2008. The accrued LEA fees for this period are $353,010.00.

Representatives of Republic Services Inc. (Republic) , the parent company of the owner and operator of Golden Bear Transfer Station (West County Landfill, Inc. and Golden Bear Transfer Services, Inc., respectively) have advised that fees were not collected from waste haulers or other customers with which to pay LEA tonnage fee to the County.

County staff and representatives of Republic have developed a mechanism by which the County can recover the past due LEA fees. The applicant filed a land use permit amendment to add a condition which requires an additional tonnage fee be paid to the County at the rate $0.50/ton on a monthly basis until the sum of $353,010.00 has been paid in full. At that time, the condition will become null and void. The permit amendment will not become effective, however, unless and until the Board’s approval of a settlement agreement among the County and the owner and operator of Golden Bear which is currently being drafted.

The County Planning Commission conducted a public hearing on December 1, 2009 and unanimously recommended the Board approve the land use permit amendment.