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HomeMy WebLinkAbout21- Public Services CITY OF SAN BERNAINO - REQUEST FOP COUNCIL ACTION From: Manuel P. Moreon , Jr. Subject: Resolution concurring with the repermitting of County Landfill Dept: Public Services Date: 09/14/93 Synopsis of Previous Council action: Adopted Resolution No. 93-15 on 02/02/93 , Mid-Valley Landfill Adopted Resolution No. 93-16 on 02/02/93 , San Timoteo Landfill Recommended motion: Adopt the Resolution Signature Contact person:Kevin Barnes, Refuse Superintendent Phone: 5053 Supporting data attached: Staff Report, Resolution Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERNARW- !O - REQUEST FOR 0x`OUNCIL ACTION STAFF REPORT The County of San Bernardino Solid Waste Management Department owns and provides landfill capacity for the cities throughout San Bernardino County. Presently the Apple Valley, Baker, Barstow, Hesperia, Phelan and Yermo Landfills are in need of repermitting in order to continue operations. Because the county's waste stream currently has no other outlet, and because there is no definite negative impact within our jurisdictions caused by these landfills, we should agree with the repermitting and provide formal approval to the local enforcement agency of the county. 75-0264 RESOLUTION NO. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND 2 DESCRIPTION FOR THE BARER SANITARY LANDFILL FACILITY FACILITY IDENTIFICATION # 36-AA-0049 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; and 5 WHEREAS, the operating Solid Waste Facilities Permit (SWFP) , 6 originally issued on June 29, 1979 is currently outdated; and 7 WHEREAS, the San Bernardino County (SBCo) Solid Waste 8 Management Department (SWMD) , acting as the Lead Agency, with 9 concurrence from the Planning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, 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 §50000 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 September 10, 1993 1 28 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 28 September 10, 1993 2 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 September 10, 1993 3 28 RESOLUTION OF THE MAYOR AND COMMON COUNu.LL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SITE IDENTIFICATION AND 1 DESCRIPTION FOR THE BARER 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 meeting thereof, held on the day of , 5 1993 , by the following vote, to wit: 6 Council Members: Ayes Nays Abstain Absent 7 NEGRETE 8 CURLIN 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER 14 15 16 City Clerk 17 The foregoing resolution is hereby approved this day of 1993 . 18 19 TOM MINOR, Mayor City of San Bernardino 20 Approved as to form and 21 legal content: 22 James F. Penman, City Attorney 23 24 By` 25 26 27 September 17, 1993 4 28