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HomeMy Public PortalAbout06 County Solid and Hazardous WasteTown of Truckee California RESOLUTION NO. 96-06 JOINT RESOLUTION CREATING THE NEVADA COUNTY SOLID AND HAZARDOUS WASTE COMMISSION WITH THE CITIES OF GRASS VALLEY, NEVADA CITY AND THE TOWN OF TRUCKEE (SEE A TTA CHED RESOLUTION) RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA JOINT RESOLUTION CREATING THE NEVADA COUNTY SOLID AND HAZARDOUS WASTE COMMISSION WITH THE CITIES OF GRASS VALLEY, NEVADA CITY AND THE TOWN OF TRUCKEE WHEREAS, the Board of Supervisors adopted Resolutions 91-87 and 91-88 authorizing agreements between the County and the Cities of Grass Valley and Nevada City pertaining to a flow control agreement for solid waste disposal, and WHEREAS, said agreements included the requirement that a Sanitation District would be formed in the future to own and manage all solid waste facilities, and WHEREAS, the agreements have been amended requiring that a Commission be formed to assist the County in the management of solid and hazardous waste and whose participation, review and recommendation will be required before the County of Nevada may take any final action on solid and hazardous waste matters, and WHEREAS, a Joint Resolution Creating The Nevada County Solid and Hazardous Waste Commission was prepared based on the recommendation of the Solid Waste Planning and Review Committee and has been adopted by the Cities of Grass Valley, Nevada City and the Town of Truckee. NOW THEREFORE BE IT HEREBY RESOLVED that the Board of Supervisors: 1. Authorizes the Chairman of the Board of Supervisors to execute, on behalf of the County of Nevada, a Joint Resolution Creating the Nevada County Solid and Hazardous Waste Commission with the Cities of Grass Valley, Nevada City and the Town of Truckee. 2. Establishes the effective date of the Commission to be April 1, 1996. 3. Directs that By-laws be developed by the Commission after its formation and return to the Board of Supervisors, the Cities and Town for approval. 4. Rescinds the following Resolutions pertaining to the Solid Waste Planning and Review Committee: Resolution 96-12, Resolution 94-287, Resolution 94-67, and Resolution 93-516. PASSED AND ADOPTED by the Board of Supervisors of the County of Nevada at a regular meeting of said Board, held on the by the following vote of said Board: ATTEST; CATHY R. THOMPSON Clerk o.~l~e Board of~uper~so~ 12th day of March , 1996 , Ayes: Supervisors Christine Foster, Karen Knecht Fran Grattan, Rene Antonson, Sam Dardick Noes: None. Absent: N 0 n e. Abstain: None. Chairman DATE COPIES SENT TO 3-13-96 DOS Administration A-C Town of Truckee City of Grass Valley City_of Nevada City JOINT RESOLUTION CREATING THE NEV/tDA COUNTY SOLID ~D HAZARDOUS W~tSTE COMMISSION WHEREAS, the Nevada County Board of Supervisors and the City/Town Councils of the Cities of Grass Valley, Nevada City and the Town of Truckee individually and collectively find that it is to the mutual benefit of the County and the three incorporated cities/town and their citizens and businesses to establish a Commission that will include representatives from each of these jurisdictions in order to provide for the effective planning for and management of the disposal of solid waste and the effective diversion of recyclable materials and household hazardous materials from the solid waste stream; and WHEREAS, it is the mutual desire of the Nevada County Board of Supervisors and the City Councils of the Cities of Grass Valley, Nevada City and the Town of Truckee to jointly create a co~tmission that will be empowered to assist the County in the management of solid and hazardous waste and whose participation, review and recommendations will be required before the County of Nevada may take any final action on matters affecting solid and hazardous waste as set out herein. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE NEVA/~A COUNTY BOARD OF SUPERVISORS, THE GRASS VALLEY CITY COUNCIL, THE CITY COUNCIL OF NEVAiDA CITY, A/~D THE TOWN OF TRUCKEE TOWN COUNCIL TH-AT: 1. The Nevada County Solid Waste Planning and Review Committee, as created under Resolution adopted September 28, 1993 and amended by Resolution 94-67, adopted February 22, 1994, is hereby files\dos\solidwast\sld-wast.r-2 -- i -- 1/9/96 reconstituted as the Nevada County Solid and Hazardous Waste Commission for the express purpose of assisting the County in (1) the development of a comprehensive long range plan for the disposal and recycling of solid and hazardous waste within the County, and (2) the management of the County's solid waste operations, including all of the financial matters pertaining thereto. In the performance of these functions, the Commission shall, at a minimum, provide recommendations to the Board of Supervisors on each of the following matters: a. The fees and parcel charges that should be established each year for the operation of the County's solid waste disposal system; b. The cost of operation and funding for the solid and hazardous waste disposal system to be included in the budget each year; c. The level of service to be provided by the solid and hazardous waste system, including the number and types of facilities that should be maintained by the County, the days and hours of operation, and the types of services that should be provided by the County; Solutions to problems involving illegal dumping of solid and hazardous waste; Development of a closure and post-closure plan for the McCourtney Landfill; f. Development of an education program concerning solid and hazardous waste issues and the need for recycling and use of safer alternatives with the general goal of reducing the solid and hazardous waste stream; The planning and implementation of the County Integrated Waste Management Plan, including source reduction, recycling, and hazardous waste disposal programs; The need for and development or revisions of any flow control agreements; All matters pertaining to the operation of, planning for, establishment and and permitting or licensing of solid waste disposal facilities, as set out in Resolution No. 93516; and eo ho files\dos\solidwast\sld-wast.r-2 -- 2 - 1/9/96 j. Maintenance of the closed Hirschdale disposal site and continue performing post-closure monitoring and maintenance. 2. The Commission shall carry out all of the duties of the county task force as set out in Public Resources Code Section 40950 (A]~ 939). 3. The Commission shall assist in administration of the Hazardous Waste Management Plan in accordance with the provisions of Health and Safety Code Section 25135.2. 4. In order to carry out the functions and responsibilities assigned to the Commission hereunder, the Commission shall analyze all matters coming before it pursuant to this Resolution and shall have the authority to direct the preparation of such reports from the Departments of Sanitation and Environmental Health (or any successor department carrying out these functions) pertaining to the matters within its jurisdiction and if otherwise required by law shall, convene public hearings for the purpose of taking input from members of the public and in order to discuss and make recommendations to the Board of Supervisors and/or the County's Department of Sanitation (or any successor department carrying out these functions). The Commission shall take action on all matters within its jurisdiction in a timely manner, provided, however, that the Commission shall conclude its action on all matters and forward the matter to the Board of Supervisors within 90 days from the date of submission of the matter to the Commission, unless the Board of Supervisors directs that a shorter or a longer time limit for any matter shall apply. Should the Commission fail to take action on a matter within its jurisdiction within the timelines established or otherwise expressly approved by the Board of Supervisors, the matter shall be referred to the Board of Supervisors without any further action or review by the Commission. flles~dos\solidwast[sld-wast.r-2 -- 3 -- 1/9/96 5. Nothing herein shall be deemed to confer upon the Commission any authority to issue any permit or to otherwise involve itself in the licensing or approving of any land use or other application to the County for, and/or any zoning ordinance, or other legislative enactment, pertaining to a solid waste facility, unless the ordinance providing for any such licensing and/or permitting expressly requires that the application be submitted to the Commission. 6. The membership of the Commission shall be composed of nine voting members consisting of: 2 members of the Board of Supervisors; 3 city/town representatives or their alternates, one from each of the three incorporated cities/town, to be selected by the city/town council from their respective cities/town, who shall either be a member of the city/town council or a staff member; 1 citizen who shall be representative of local business, as appointed by the Board of Supervisors; 1 citizen who shall be knowledgeable of hazardous waste disposal practices, as appointed by the Board of Supervisors; 2 citizens who shall be selected at large, recommended by the Commission for appointment by the Board of Supervisors. 7. Ail 9 members of the Commission shall serve at the will and pleasure of their appointing body. 8. A quorum of the Commission shall consist of a majority of the membership of the Commission, provided, however, that in the files~dos\solidwast\sld-wast.r-2 -- 4 - 1/9/96 event that there is a vacancy on the Commission, the quorum shall be a majority of the Commissioners then appointed. 9. Commission meetings shall be on the first Wednesday and third Wednesday of each month at 1:30 P.M. in the Supervisors' conference room at the Eric Rood Center in Nevada City, provided, however, that the Commission shall be allowed to change the time and place of its regular meetings upon the majority vote of the membership of the Commission. Ail such meetings shall be duly noticed and conducted in accordance with the provisions of the Brown Act. County staff shall provide all necessary support to the Commission. In addition, staff from the County Administrator's Office and County Counsel shall assist the Commission as needed. 10. In the event that any Commission meeting is canceled due to a lack of a quorum, no formal action may be taken by the Commission provided that the Commission members in attendance may, at their election, entertain such discussion among themselves and/or with any members of the public or staff as they deem appropriate. 11. The Commission shall be disbanded and relieved of its duties upon the affirmative recommendation and vote of the majority of the Commission or the majority vote of the Board of Supervisors with the concurrence of the majority of the city or town councils. files\dos\solidwast\sld-wast.r-2 -- 5 -- 1/9/96 Adopted on this 12th County Board of Supervisors. ATTEST: CATHY ~. THOMPSON Clerk of Board of Supervisors day of March, 1996 by the Nevada COUNTY OF NEVADA By: ,3~i~ r~ ~ ~ i ·..~ ,. ~ ~ ~ 3~3 Chairman, Board of Supervisors Adopted on this ,a~?kC~. day of~/ ~. , 1996 by the Grass Valley City Council. ATTEST: CITY OF GRASS VALLEY Approved as to Form: Claude Biddle, City Attorney flles\dos\soltdwast\sld-wast.r-2 -- 6 - 1/9/96 Adopted on this City City Council. 26th day of February, 1996 by the Nevada ATTEST: CITY 0~N~VADA CITY Mayor Glenda Zan~' files\dos\solidwast\sld-wast, r-2 -- 7 -- 1/9/96 Adopted on this 1st Council of the Town of Truckee. ATTEST: day of February 1996 by the Town TOWN COUNCIL Mayor files\dos\solidwast \sld-wast. r-2 -- 8 -- 1/9/96