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INTERNAL OPERATIONS COMMITTEE
Meeting Date: 03/12/2018  
Subject:    NOMINATION TO THE LOCAL ENFORCEMENT AGENCY INDEPENDENT HEARING PANEL
Submitted For: David Twa
Department: County Administrator  
Referral No.: IOC 18/5  
Referral Name: LOCAL ENFORCEMENT AGENCY HEARING PANEL RECRUITMENT
Presenter: Julie DiMaggio Enea Contact: Marilyn Underwood (925) 692-2521
Information
Referral History:
In 1992, the Board of Supervisors, in its capacity as the governing body of the County Local Enforcement Agency, adopted Resolution No. 92/153, which, among other things, appointed the full Board to serve as the hearing panel, a body that implements enforcement and permitting activities at local solid waste facilities, pursuant to a statute that was later repealed. Under current law, hearings regarding the above matters may be conducted by either a hearing officer or by a hearing panel, which may be either (1) a panel of three members of the LEA governing body or (2) an independent three-member panel appointed. (Pub. Resources Code, § 44308.)

The California Code of Regulations requires the appointment of either an independent hearing panel or hearing officer when in the jurisdiction of the LEA there exists a publicly owned or operated solid waste facility or disposal site. In Contra Costa County, the following jurisdictions own solid waste facilities: City of El Cerrito (Registration Tier Permit Transfer Station), City of Brentwood (Brentwood Transfer Station), City of Martinez (Martinez City Rubbish-closed landfill), City of Richmond (Naval Fuel Depot Pt. Molate-closed landfill), the City of Antioch (Antioch City Landfill-closed landfill), and the California Department of Water Resources (Banks Delta Pumping-closed dump site in Byron). For this reason, CalRecycle has recommended that an independent hearing panel be established. CalRecycle has also advised that there can be only one LEA hearing panel.

On November 5, 2013, the Board of Supervisors adopted Resolution No. 2013/423, establishing the Contra Costa County Local Enforcement Agency Independent Hearing Panel. The Board, at that time, decided that it would not appoint one of its members to the LEA Hearing Panel and subsequently referred to the IOC the recruitment of three County resident nominees, for BOS consideration, to serve on the panel. As a result of the 2013 recruitment, the Board of Supervisors appointed the first Independent LEA Hearing Panel, composed by Daryl Young, Larry Sweetser (technical expert), and Ana Cortez. The terms of those appointments will expire on March 31, 2018.
Referral Update:
Among the specific duties of the County LEA are the permitting of solid waste facilities. Solid waste facilities include solid waste transfer or processing stations, composting facilities, transformation facilities and disposal facilities. The permitting process includes the issuance of solid waste facilities permits as well as the denial, revision, modification, suspension and revocation of permits. The County LEA also performs regular inspections of solid waste facilities. A solid waste facility is required to comply with applicable laws and regulations and the terms and conditions of any solid waste facilities permit issued by the County LEA to the facility. Compliance is usually achieved through inspection reports and compliance schedules. Where violations are found, the County LEA works with affected parties on corrective measures as long as those parties make a good faith effort to comply with the requirements.

Public Resources Code section 44308 governs appointments to the Hearing Panel as follows:
  1. No more than one member of the Board of Supervisors shall serve on the Hearing Panel.
  2. Members of the Hearing Panel shall be selected for their legal, administrative, or technical abilities in areas relating to solid waste management.
  3. At least one member shall be a technical expert with knowledge of solid waste management methods and technology.
  4. At least one member shall be a representative of the public at large.
  5. A member shall serve for a term of four years and may not serve more than two consecutive terms.

Since its establishment in 2014, the Hearing Panel has met twice in Concord (one hearing, split into two eveining sessions).

On February 12, 2018, the IOC approved a recruitment plan and schedule prepared by the County Administrator’s Office in consultation with Environmental Health, calling for interviews to be held by the Internal Operations Committee on March 12, 2018. In response to the call for applications, the County received two applications, from incumbents Larry Sweetser and Darryl Young, who are eligible to serve second terms.
Recommendation(s)/Next Step(s):
1. CONSIDER reappointment of Larry Sweetser and Darryl Young to the Local Enforcement Agency Independent Hearing Panel to new four-year terms ending on March 31, 2022.

2. CONSIDER options for filling the remaining seat:
a. Direct staff to continue to recruit until the vacant seat can be filled, and/or
b. Recommend that the Board appoint a Board of Supervisors member to the vacant seat.
Fiscal Impact (if any):
None.
Attachments
Candidate Application_Darryl Young_LEA
Candidate Application_Larry Sweetser_LEA
Resume_Larry Sweetser_LEA

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