Agenda

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INTERNAL OPERATIONS COMMITTEE - SPECIAL

Meeting Date:	02/29/2016
Subject: WASTE HAULER ORDINANCE
Submitted For:	William Walker, M.D.
Department:	Health Services
Referral No.:	IOC 16/8
Referral Name:	Waste Hauler Ordinance
Presenter:	Marilyn Underwood & John Kopchik	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 four years, during which substantial work and change in the scope of the draft ordinance occurred. 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. Recent discussions have focused on reconciling the ordinance with the County's existing franchise agreements, if and how the initial scope of the ordinance should or could be expanded or limited, exemptions to the ordinance, and how and by whom the ordinance could effectively be enforced.

At the most recent IOC discussion in October 2015, the Committee directed County Counsel and staff to prepare a final draft ordinance for IOC review in February 2016, and decided to address the enforcement aspect of the ordinance separately. Supervisor Gioia asked for a commitment from the franchises to raise fees sufficient to fund enforcement of the ordinance countywide. Mr. Evola reiterated his offer to fund one third of the cost of a CSO.

Referral Update:

Attached is a report prepared jointly by the Directors of Environmental Health and Conservation and Development on the status of the development of a waste hauler ordinance and transmitting the current version of the ordinance. Also attached is a recapitulation prepared by the County Counsel on how the current version of the Ordinance compares to the October 2015 version.

The status report includes a discussion regarding enforcement of the proposed ordinance. Undersheriff Mike Casten has been invited and plans to attend the meeting to discuss the roles of the Sheriff and California Highway Patrol may have in enforcing the ordinance and related enforcement issues.

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
Staff report prepared by Environmental Health and Conservation & Development Departments on Waste Hauler Ordinance
Exhibit A: DRAFT Waste Hauler Ordinance as of Feb 2016
Exhibit B: County Counsel Memo re Comparison of Feb 2016 Ordinance to Oct 2015 Ordinance
Exhibit C: County Wastehaulers Franchise Area Map