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HomeMy WebLinkAboutNON-DISP FAC ELEMENT 11-07-94AGENDA_ , - NO. 1 11-7-94 ATE: NOVEMBER 7, 1994 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT NON-DISPOSAL FACILITY BLEI,~NT RECOMMENDATION It is recommended that the City Council hold a Public Hearing and after receiving testimony from any interested individuals adopt Resolution No. 94-123 approving the City of Tustin's Non-Disposal Facility Element (NDFE). FISCAL IMPACT There is no fiscal impact on the City. BACKGROUND In 1989, the California Legislature enacted the California Integrated Waste Management Act (AB 939). AB 939 requires cities and counties to prepare, adopt, and implement various planning documents for the reduction of solid waste disposal in landfills. These documents include a Source Reduction and Recycling Element (SRRE) and a Household Hazardous Waste Element (HHWE). In 1992, the California legislature enacted Assembly Bill 3001 (AB 3001), which amended AB 939. This statute required cities and counties to prepare another planning document, the Non-Disposal Facility Element {NDFE), which is to be adopted and submitted to the State for approval by December 31, 1994. DISCUSSION TO ensure that each local jurisdiction has adequately planned for waste diversion, AB 939 and AB 3001 require that the City prepare and adopt a NDFE. The intent of the NDFE is to identify all new or any necessary · expansions of existing non-disposal facilities which will be needed in the County through the year 2000 with capacity levels adequate for the continual successful implementation of the SRRE recycling and diversion programs. A Non-Disposal Facility is defined as, "any solid waste facility required to obtain a solid waste facilities permit". Specifically, Tustin's NDFE discusses future capacity needs for Sunset Environmental, the Materials Recovery Facility (MRF) utilized for the City's recycling program. The City's NDFE identifies the utilization of transfer stations, MRFs and composting facilities necessary to implement the programs selected for implementation in the city of Tustin's SRRE for both the short (1991 to 1995) and medium-term (1996 to 2000) planning periods. Figure 1 presents the general locations of existing, expanding, and proposed nondisposal facilities in Orange County. Table 1, within Tustin's proposed NFDE, describes the utilization of existing, expanding, and proposed nondisposal facilities required to implement the City of Tustin's SRRE and identifies future nondisposal facility capacity needs !as well. Table 2 describes the existing, expanding and known, proposed nondisposal facilities utilized by the City. The methodology followed to develop this NDFE is attached to document as Appendix A. While planning for NDFE preparation, a Countywide coordinated approach was employed, as was done with SRRE/HHWE preparation. This Countywide approach ensured consistency among cities for NDFE preparation, thereby minimizing costs. In October of 1993, the Orange County Integrated Waste Management Department contracted with a private firm to prepare a NDFE for each city and the unincorporated County area. A workshop was held for the cities on January 5, 1994 to involve each city in the process and to delegate each jurisdictions' responsibility in the preparation of the NDFE. To develop the data-base for the NDFEs, the City's SRRE programs and current and projected tonnage data were identified, and a Countywide survey was conducted of all cities, haulers and non-disposal facility owners/operators. Using this data, a preliminary NDFE was drafted for Tustin and reviewed by staff. Subsequently, the Final Draft NDFE was completed and transmitted to the County Local Task Force (LTF) for review on August 5, 1994. The LTF subsequently approved the City's NDFE on September 12, 1994, and recommended it for submittal to the California Integrated Waste Management Board, as required by law. CONCLUSION It is recommended that the City Council hold a Public Hearing and Adopt Resolution No. 94-123, approving and adopting the City of Tustin~s Non- Disposal Facility Element. After the City Council adopts Resolution No. 94-123, the NDFE will be submitted to the State for review and approval with a copy to the County for inclusion into the County Integrated Waste Management Plan ~CIWMP). Tim D. Serlet %-/ Director of Public Works/City Engineer Katie Pitcher Administrative Assistant II TDS:KP:ccg:nondisp Attachment: NDFE Resolution No. 94-123 CITY OF TUSTIN NON-DISPOSAL FACILITY ELEMENT (NDFE) Nondisposal Facility Element City of Tustin California Public Resources Code (PRC), Section 41730 et seq., requires every California city and county to prepare and adopt a Nondisposal Facility Element (NDFE) for .all new nondisposal facilities and any expansions of existing nondisposal facilities that will be needed to implement the city or county's Source Reduction and Recycling Element (SRRE). A nondisposal facility is defined as any solid waste facility required to obtain a State Solid Waste Facility Permit from the California Integrated Waste Management Board, except a disposal facility or a transformation facility (PRC Section 40151). Based on this definition, nondisposal facilities include transfer stations, material recovery facilities (MRFs), and composting facilities. This NDFE identifies the utilization of transfer stations, MRFs and composting facilities necessary to implement the programs selected for implementation in the City of Tustin's SRREfor both the short- (1991 to 1995) and medium-term (1996 to 2000) planning periods. Figure i presents the general locations of existing, expanding, and proposed nondisposal facilities in Orange County. Table 1 describes the utilization of existing, expanding, and proposed nondisposal facilities required to implement the City of Tustin's SRRE and identifies future nondisposalfacility capacity needs as well. Table 2 describes the existing, expanding and known, proposed nondisposal facilities utilized by the City. The methodology followed to develop this NDFE is attached as Appendix A. As indicated by PRC Section 41735(a), the adoption or amendment of this element is not subject to environmental review under the California Environmental Quality Act (CEQA). However, the development of individual nondisposal facilities may be subject to environmental review under CEQA during the permitting process. The NDFE and any amendments are required to be appended to the City's SRRE when it is included in the Countywide Integrated Waste Management Plan. The NDFE will be incorporated into the City's SRRE at the time of the first 5 year revision. Methodology for Developing the Nondisposal Facility Elements for City of Tustin Introduction The objective of the Facility Element (NDFE) is to identify the utilization of transfer stations, material recovery facilities (MRFs), and composting facilities necessary to implement the programs selected for implementation in the City of Tustin's Source Reduction and Recycling Element (SRRE) for both the short- (1991 to 1995) and medium-term (1996 to 2000) planning periods. For Orange County, a Countywide approach was used to develop the NDFE data for the County unincorporated area and for each of the cities. The NDFE data tables were developed based on information that was available to the cities and County at the time the NDFE was prepared. Countywide Survey A Countywide survey was conducted of city and county representatives, waste haulers, and nondisposal facility owners/operators to develop a database of current and future proposed utilization of various existing, expanding, and future proposed nondisposal facilities. The NDFE survey was discussed at a City/County Workshop on January 5, 1994, and the survey was conducted during the period of January through March 1994. The survey data was collected specifically for the development of the NDFEs and not for determining compliance with the diversion goals of AB 939. The City and County representatives, waste haulers and nondisposal facility owners/operators surveyed are listed on the following pages. NDFE Data Table Development Two sets of NDFE data tables were compiled: 1) a table for the County unincorporated area and for the City of Tustin that describes the utilization of existing, expanding, and proposed nondisposal facilities required to implement the City's SRRE, as well as identification of future nondisposal facility capacity needs; and 2) a series of tables that describe each of the existing, expanding and known proposed nondisposal facilities utilized by the County and cities. These tables were compiled based on the existing conditions as surveyed, the future programs specified in city and County representative surveys, and the programs and projected diversion tonnages identified in the County and the City's SRRE. Because City and County representatives, waste haulers, and nondisposal facility operators provided data for varying reporting periods, the total of the existing average daily use by the City may not match the average daily capacity reported by the nondisposal facility operator. Methodology for Nondisposal Facility Element Development Appendix A TABLE 2 SUNSET ENVIRONMENTAL PARTICIPATING ~-RISDICTION & AVERAGE DALLY FACIL1TY USE FU~RISDIL-i-iON EXI:~I'ING AVERAGE DAILY USE EXISTING RECOVERY RATE Costa Mesa 2 25 % h-vine 73 77 % Laguna Beach 26 62 % Laguna Hills 2 95 % Lake Forest 9 74 % Mission Viejo 34 97 % Newport Beach 93 16 % Santa Aha 368 8 % Tustin 213 17% County 86 87 % TOTAL 9O6 29 % 1995 1995 lmisdiction Future Additional Future Recovery Averago Daily Use Rate (for (tons/day) additional use) Laguna Beach (1995) 18 94% Mission Viejo (1995) 2 ** ** Santa Aha (7/94) 322 23 % Tustin (1995) 3 ** 25% TOTAL (1995) 345 ** Jurisdiction 2OOO 20OO Futura Additional Future Recovery Average Daily Use Rate (for (tons/day) additiooal use) h'vine (2000) 20 100% Laguna Beach (20(10) 56 25% Mission Viejo (2000) 12 ** ** Tustin (2000) 33 * 25% TOTAL (2000) 121 ** · weighted average **Total projected tonnage to be processed and recovery rate are unknown. Future average daily use figure represents total projected recovery tonnage. 1 $ ? 9 10 11 13 14 15 16 17 19 2O 21 23 25 27 RESOLUTION NO. 94-123 H RESOLUTZON OF THE CZTY COUNCZL OF THE CZTY OF TUSTZN, ~M)OPTZNG A NON-DISPOSAL FACILITY ELF~ENT PURSUANT TO THE REQUIREMENTS OF THE PUBLIC RESOURCES CODE WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939) directs state and local agencies to enact and implement aggressive new integrated waste management programs; and WHEREAS, AB 939 calls for maximizing the use of all feasible source reduction, recycling, and composting options in order to reduce the amount of solid wastethat must be disposed of by transformation and land disposal; and WHEREAS, AB 939 directed cities and counties to prepare Source Reduction and Recycling Elements identifying how source reduction, recycling, and composting programs will be developed and implemented; and WHEREAS, AB 2707 statutory requirements and criteria directed cities and counties to prepare Household Hazardous Waste Elements and required cities to devote reasonable expenditures to safe reduction, collection, recycling, treatment, and disposal of Household Hazardous Waste, and that these collection programs be made available for use by all households within each city and county; and WHEREAS, the City of Tustin Source Reduction and Recycling Element and Household Hazardous Waste Element were adopted by the City Council of the City of Tustin on December 2, 1991, by Resolution No. 91-153; and WHEREAS, AB 3001 requires each city and each county to submit a Non-Disposal Facility Element (NDFE); and WHEREAS, Section 41732 of the Public Resources Code provides requirements and criteria for describing new solid waste facilities, and the expansion of existing facilities, needed to implement the SRRE, and that meet the requirements of Section 41732; and WHEREAS, the City of Tustin NDFE was prepared based on AB 3001 and the Public Resources Code, Section 41732, 41733, and 41780; and WHEREAS, the City of Tustin NDFE was submitted to the Orange County Local Task Force for' review and comment; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 WHEREAS, the City Council of the Public Hearing, with adequate noticing, p~blic and agency comments. City of Tustin held a and has considered all NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Tustin thatthe Non-Disposal Facility Element is hereby adopted. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 7th day of November, 1994. Thomas R. Saltarelli, Mayor ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS CERTIFICATION OF RESOLUTION NO. 94-123 Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the 7th day of November, 1994 by the'following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, city Clerk