RESOLUTION APPROVING THE SECOND AMENDMENT TO THE COUNTYWIDE NON-DISPOSAL FACILITY ELEMENT OF THE COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN

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1 Agenda Item No. July 27, 2010 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager Rod Moresco, Director of Public Works/City Engineer RESOLUTION APPROVING THE SECOND AMENDMENT TO THE COUNTYWIDE NON-DISPOSAL FACILITY ELEMENT OF THE COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN DISCUSSION: The California Integrated Waste Management Act of 1989, required each City and County to prepare, adopt, and implement a Source Reduction and Recycling Element and Household Hazardous Waste Element. It also required counties to prepare a Countywide Siting Element. All of these Elements were included in a Countywide Integrated Waste Management Plan. In 1992, after the adoption of the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the legislature enacted Assembly Bill 3001, which required Cities and Counties to prepare another element; a Non-Disposal Facilities Element (NDFE). The primary purpose of a NDFE is to identify new, existing, or expanding non-disposal facilities within a jurisdiction s borders. Only those non-disposal facilities required to obtain a stateissued Solid Waste Facility Permit to operate are included in the NDFE. The NDFE describes the recycling and composting facilities the City may need to use in order to implement its Source Reduction and Recycling Element. Disposal facilities, such as landfills, are not described in the Non-Disposal Facilities Element. In addition, small scale recycling centers that do not need state approved solid waste facility permits are likewise not included. Vacaville s Draft Non- Disposal Facilities Element was reviewed by the Solano County Task Force for Integrated Waste Management and was found to be consistent with waste management goals of other Solano County jurisdictions. The Vacaville City Council approved the City s Non-Disposal Facility Element on January 10, In 1998, the Solano County unincorporated area amended its original Non-Disposal Facilities Element. This first amendment included updates on all non-disposal facilities utilized by the cities and county of Solano. In 2009, Solano County s Local Task Force for Integrated Waste Management directed the update of the Countywide Integrated Waste Management Plan elements beginning with the Non-Disposal Facilities Element. It was determined that the shared use of the Non-Disposal Facilities Element justified a single multi-jurisdictional submission. Each Solano County jurisdiction submitted a letter authorizing the County of Solano to prepare and submit, on their behalf, a jointly amended Non-Disposal Facilities Element to the Solano County Task Force for Integrated Waste Management for their review and comment. The second amendment to the Countywide Non-Disposal Facility Element (Exhibit A) is intended to update existing, identify new, and adequately describe non-disposal facilities utilized in the collection and processing of commingled recyclables, green waste and organics, construction, demolition, and inert debris material generated within the cities and County of Solano that contribute to the mandatory waste diversion mandate under AB 939.

2 In the second amendment to the Non-Disposal Facilities Element, there is the addition of fourteen newly identified facilities and eight updated facilities from the first amendment. However, there were four facilities identified in the first amendment that were not included in the second amendment due to these facilities no longer assisting the cities and County of Solano in meeting their waste reduction goals. (Exhibit B) All Solano County cities have brought this item, or are scheduled to bring this item, to their agencies for review and approval. To date, unincorporated Solano County and the cities of Vallejo, Dixon, Benicia, Suisun, and Fairfield have brought this item to their individual governing agencies and have received council or board approval of this second amendment to the Countywide Non-Disposal Facility Element. The City of Rio Vista is expected to bring this item to their Council for review and approval in August. FISCAL IMPACT: There is no impact to the General Fund. RECOMMENDATION: By simple motion, that the City Council of the City of Vacaville adopt the resolution approving the second amendment to the Countywide Non-Disposal Facility Element of the Countywide Integrated Waste Management Plan.

3 RESOLUTION NO. RESOLUTION APPROVING THE SECOND AMENDMENT TO THE COUNTYWIDE NON- DISPOSAL FACILITY ELEMENT OF THE COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN WHEREAS, Public Resources Code (PRC) Section et seq. describe the requirements to be met by cities and counties when developing and implementing integrated waste management plans; and WHEREAS, PRC Section et seq. require that each city and county prepare and adopt a Non-Disposal Facility Element (NDFE) which includes a description of existing and new solid waste facilities, and the expansion of existing solid waste facilities, that are needed to implement a jurisdiction s Source Reduction and Recycling Element, to enable it to meet the requirements of PRC Section 41780; and WHEREAS, PRC Section defines a non-disposal facility as any solid waste facility required to obtain a state-issued solid waste facility permit, except a disposal facility or transformation facility; and WHEREAS, 14 California Code of Regulations (CCR) et seq. allow the inclusion of other facilities, such as recycling centers, in the NDFE that are not defined as non-disposal facilities, but assist the jurisdictions in meeting the waste diversion mandate; and WHEREAS, the County of Solano s original NDFE was adopted on December 13, 1994, and the first amendment was adopted on August 11, 1998; and WHEREAS, the County of Solano led the preparation of the NDFE update to supersede the first amendment on behalf of the Cities of Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville, and Vallejo and determined that the shared use of non-disposal facilities justified a single, multi-jurisdictional submission recognized as the Countywide NDFE of the Countywide Integrated Waste Management Plan; and WHEREAS, PRC Section requires that prior to the adoption or approval of an amendment, the Solano County Local Task Force ( LTF ) for Integrated Waste Management shall assess regional impacts of the potential diversion facilities in its technical reviews and formally comment on the final copy; and WHEREAS, PRC Section provides that the adoption or amendment of the NDFE is not subject to environmental review under the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Vacaville approves the second amendment to the Countywide Non-Disposal Facility Element of the Countywide Integrated Waste Management Plan. I HEREBY CERTIFY that the foregoing resolution was introduced and passed by at a regular meeting of the City Council of the City of Vacaville, held on the 27 th day of July 2010, by the following vote: AYES: NOES: ABSENT: ATTEST: Michelle A. Thornbrugh, City Clerk

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48 EXHIBIT B The following chart displays the facilities described in the first amendment and the corresponding change and/or update to them found in the second amendment. Of these twelve facilities below, eight have been updated in the second amendment while four were excluded due to them no longer assisting the cities and county of Solano in meeting their waste reduction goals. Table Facility Name Facility Name Change 1 B&J Drop Box Landfill Composting 2 Potrero Hills Composting Facility 3 Solano Garbage Intermediate Processing Jepson Prairie Organics Composting Facility Potrero Hills Compost Facility Facility Type Change Facility Description Updated Facility Capacity Updated Diversion Rate Updated Participating Jurisdictions Updated Location Change No Yes Yes Yes Yes No No Yes Yes Yes No No This facility is not identified in the NDFE s second amendment because it no longer processes on-site the commingled recyclables collected curbside from residential and commercial sectors. Instead, the materials are transported to West County Resources Recovery, Inc. in Richmond, California for source-separation and commodity market sales. Facility 4 Devlin Road Transfer Station Same Yes Yes Yes Yes Yes No 5 Napa Garbage Service Composting Facility 6 Pacific Rim Intermediate Processing Facility 7 Vallejo Garbage Service Intermediate Processing Facility 8 Travis Air Force Base Composting 9 California Waste Solutions Napa Materials Diversion Facility Pacific Rim Recycling Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes No Recology Vallejo Yes Yes Yes Yes Yes No This facility is not identified in the NDFE s second amendment because it closed as per the 2007 Solano County Local Enforcement Agency inspection report. This facility is not identified in the NDFE s second amendment because the commingled recyclables generated within the City of Benicia and the unincorporated areas outside Benicia are no longer transported to this site for processing. Instead, these materials are direct-hauled to Pacific Rim Recycling in Benicia, California for source-separation and commodity market sales. 10 Contra Costa Landscaping Goodyear Road Composting Facility 11 Concrush Concrete and Asphalt Facility 12 Solano Garbage Materials Recovery Facility Goodyear Road Compost Facility No Yes Yes Yes Yes No Concrush Yes Yes Yes Yes Yes No This was a proposed facility that was determined to be excluded from the NDFE s second amendment since it is not a current project recognized by a local planning agency.

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