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HomeMy WebLinkAbout1993-376 RESOLUTrON NO. 93-376 RESOLUTrON OF THE MAYOR AND COMMON COUNCrL OF THE CrTY OF SAN 1 BERNARDrNO, CALrFORNrA, APPROVrNG THE SrTE rDENTrFrCATrON AND 2 DESCRrPTrON FOR THE BAKER SANrTARY LANDFrLL FACrLrTY FACrLrTY rDENTrFrCATrON # 36-AA-0049 3 WHEREAS, the facility under consideration is an existing, 4 refuse disposal facility operating under permit since 1979; and 5 6 7 WHEREAS, the operating Solid Waste Facilities Permit (SWFP), originally issued on June 29, 1979 is currently outdated; and WHEREAS, the Bernardino Waste Solid County (SBCo) San 8 anagement Department (SWMD), acting as the Lead Agency, with 9 concurrence from the 10 Planning Department as the SBCo Board of Supervisor's designated Environmental Lead Agency, will duly 11 complete a Solid Waste Facilities Permit (SWFP) application; and 12 13 updating WHEREAS, said SWFP is only issued for the revision and the of the facility's operations, including all current 14 Regulatory Agencies' requirements, statutes and regulations; and 15 16 Identification and Description of the project for submission to the 17 WHEREAS, the site has also completed the SBCo SWMD ci ty of San Bernardino, a copy of which is attached and marked 18 Exhibit "A"; and 19 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 WHEREAS, Public Resources Code S50000 requires that the "site 23 Identification and Description" of a new or changed (defined as a 24 significant increase in the amount of waste handled) solid waste 25 facility which has not been identified or described in a county 26 Solid Waste Management Plan (CoSWMP) must be approved or disapproved 27 28 September 10, 1993 1 93-316 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 23, 1993, 18 also subsequently filed at the Governor's Office of Planning & 19 Research on March 29, 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 27 September 10, 1993 28 2 93-376 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 6 for the Baker Solid Waste sanitary Landfill Facility. 7 fill 8 fill 9 fill 10 fill 11 fill 12 fill 13 fill 14 fill 15 /11/ 16 //11 17 11// 18 //11 19 fill 20 fill 21 fill 22 fill 23 fill 24 fill 25 fill 26 fill 27 28 September 10, 1993 3 93-376 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND 1 DESCRIPTION FOR THE BAKER SANITARY LANDFILL FACILITY FACILITY IDENTIFICATION # 36-AA-0049 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 reqular meeting thereof, h eld the 4th day of October on , 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 0~.~ C-~'-Ic city Clerk The foregoing resolution is hereby approved this Ld,\" day of October , 1993. ~) )"'i),'. " (.. ,.', !,r ..,.'-'\.. C-7~ / ,. ,_. --- TOM MINOR, Mayor City of San Bernardino 20 Approved as to form and 21 legal content: 22 James F. Penman, City Attorney :: B~~~_QU 25 26 27 28 September 17, 1993 4