HomeMy WebLinkAbout1993-372
RESOLUTION NO. 93-372
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND
2 DESCRIPTION FOR THE PHELAN/SBCO SANITARY LANDFILL FACILITY
FACILITY IDENTIFICATION # 36-AA-0044
3
WHEREAS, the facility under consideration is an existing,
4 refuse disposal facility operating under permit since 1979; and
5
WHEREAS, the operating Solid Waste Facilities Permit (SWFP),
6 originally issued on March 12, 1993 is currently outdated; and
7
8 Management Department
Bernardino County (SBCo) Solid
WHEREAS,
the
San
Waste
(SWMD), acting as the Lead Agency,
with
9 concurrence from the Planning Department as the SBCo Board of
10 Supervisor's designated Environmental Lead Agency, will duly
11 complete a Solid Waste Facilities Permit (SWFP) application; and
12
WHEREAS, said SWFP is only issued for the revision and the
13 updating of the facility's operations, including all current
14 Regulatory Agencies' requirements, statutes and regulations; and
15
WHEREAS, the SBCo SWMD has also completed the site
16 Identification and Description of the project for submission to the
17 City of San Bernardino,
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19
a copy of which is attached and marked
Exhibit "A"; and
WHEREAS, this facility can continue to provide the SBCo SWMD a
20 method of disposing of municipal solid wastes, inert wastes, and
21 non-hazardous solid wastes; and
22
23 Identification and Description" of a new or changed (defined as a
24
25
WHEREAS, Public Resources Code S50000 requires that the "site
significant increase in the amount of waste handled)
solid waste
facility which has not been identified or described in a County
26 Solid Waste Management Plan (CoSWMP) must be approved or disapproved
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September 9, 1993
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93-372
by the county Board of Supervisors, and by a majority of the
1 Cities/Towns within the County which contain a majority of the
2 population of the incorporated area of the County, within ninety
3 (90) days after the site Identification and Description is submitted
4 to the City/Town or County. If the City/Town or County fails to
5 approve or disapprove of the site Identification and Description
6 within ninety (90) days, the City/Town or County shall be deemed to
7 have approved the site Identification and Description, as prepared
8 and submitted by the applicant; and
9 WHEREAS, the Mayor and Common Council of the City of San
10 Bernardino may not disapprove the proposed site Identification and
11 Description unless it determines, based upon substantial evidence in
12 the record, that there will be one or more significant adverse
13 impacts within the City's boundaries from the proposed project: and
14 WHEREAS, pursuant to the California Environmental Quality Act
15 (CEQA), a Mitigated Negative Declaration was adopted by the SBCo
16 SWMD/Planning Department and a Notice of Determination was filed
17 with the San Bernardino County Clerk of the Board on March 12, 1993,
18 also subsequently filed at the Governor's Office of Planning &
19 Research on March 15, 1993; and
20 WHEREAS, the County Department of Environmental Health
21 Services/Local Enforcement Agency (LEA) Program, pursuant to CEQA,
22 is the Regulatory Responsible Agency for the project entrusted to
23 issue the SWF Permit with concurrence provided from the California
24 Integrated Waste Management Board (CIWMB); and
25 WHEREAS, provided that the conditions of the permit are
26 complied with, there is no substantial evidence in the record that
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September 9, 1993
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92-372
there will be one or more significant adverse impacts, (within the
1 city of San Bernardino boundaries) as determined by findings made by
2 the CEQA Lead Agency noted above, caused by the proposed project;
3 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common
4 Council of the city of San Bernardino, in the County of San
5 Bernardino, hereby approves the site Identification and Description
Phelan/SBCo Solid Waste sanitary Landfill Facility.
6 for the
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september 9, 1993
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93-372
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND
1 DESCRIPTION FOR THE PHELAN/SBCO SANITARY LANDFILL FACILITY
FACILITY IDENTIFICATION # 36-AA-0044
2
I HEREBY CERTIFY that the foregoing resolution was duly adopted
3 by the Mayor and Common Council of the City of San Bernardino at a
4
4th
October
meeting thereof, held on the
reqular
day of
5 1993, by the following vote, to wit:
6 Council Members: Aves Navs Abstain Absent
7 NEGRETE x
8 CURLIN x
9 HERNANDEZ x
10 OBERHELMAN x
11 DEVLIN x
-
12 POPE-LUDLAM x
-
13 MILLER x
14
15
16
17
18
19
Q~ ~'-
~ city Clerk
The foregoing resolution is hereby approved this ~ day of
October , 1993.
~.. /-,,1. ,
!,9IV\ l "l~/\
TOM MINOR, Mayor
City of San Bernardino
20 Approved as to form and
21 legal content:
22 James F. Penman,
City Attorney
23 By: /:L_-",~~c.~
24~
25
26
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September 17, 1993
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