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HomeMy WebLinkAbout1999 048 CC RESO1999 048 CC RESO¹òw @˜Ž¼RESO 99-48 JUL 21 1999H$p8 RESOLUTION NO.99-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA INCREASING THE INTEGRATED WASTE MANAGEMENT FEES AB 939) Whereas, as part of Amendment No.2 to the franchise agreement with Waste Management, the City established an Integrated Waste Management AB939) fee for the purpose of finding diversion programs aimed at meeting the mandates of AB939 legislation. This legislation requires that the City reduce the overall waste stream by a goal of 50% by the ye& 2000; and Whereas, AB939 fees were first charged with the Waste Management billing cycle commencing in July 1993. The fees were initially set at $0.25 per month for residential customers and 1.5% of the gross annual receipts for commercial service and have remained unchanged since their inception; and Whereas, as each year passes, the City finds more and more regulations taking effect that are not funded and require unique approaches to financing in order to allow for minimal compliance. In many cases, the City can achieve compliance by systematically combining the efforts of overlapping programs. Mandates that have taken effect, and those that will be in place during the next twelve months, deal extensively with waste diversion and prevention of storm water pollution; and Whereas, it has been determined that a need to review how we currently do business in each of our environmental programs, most specifically street sweeping due to the volume of waste mated materials generated and the need to obtain diversion credit for the materials collected in the City streets and drainage system; and Whereas, the City of Baldwin Park sweeps all fully improved streets twice per month and manually cleanse City- owned drainage structures and inlets on an as-needed basis and does not provide any mechanism for diverting waste materials from the landfill. This way of doing business does not ensure compliance with the current NPDES National Pollutant Discharge Elimination System) permit mandated under Federal legislation and is not sufficient to insure the safety of the community with respect to potential flooding dangers. Furthermore, as a result of recent litigation with environmental groups, the California Regional Water Quality Authority Board will be setting limits during the next twelve months addressing the total amount of waste materials pollutants) that any City or jurisdiction can eliminate through their storm drain system. These limits are known as TMDL'S total maximum daily loading), many of which the street sweeping program can address. The limits are expected to be in place within the next twelve months and failure to comply can result in penalties of up to $25,000 per day. NOW THEREFORE, the City Council of the City of Baldwin Park does hereby resolve as follows: Section 1. In order to comply with these NPDES mandates, it will become necessary to increase the frequency of street sweeping from two times per month to weekly. By doing so, the City assures itself of complying with the TMDL'S by taking a preventative approach and keeping the majority of the litter from entering the storm drain system at the source. In addition, as a part of this program it is possible to create a diversion program for all of the waste materials collected rather than simply sending it to the landfill as is the current practice. By creating a new mandatory diversion program for sweeper debris, the City can expect a 2'/o reduction rate attributable to the 50% by the year 2000 goal. While this figure may appear insignificant, the overall impact toward the City's required good faith effort is substantial. Failure to make a good faith effort toward AB939 compliance can result in fines of up to $10,000 per day. Section 2. The new fee for Integrated Waste Management AB939) is $0.75 per month. Section 2. That the City Clerk shall certify to the adoption of this Resolution and the same shall be in frill force immediately upon its adoption. BIB] 37175-U01 RESO-U02 99-48-U02 JUL-U02 21-U02 1999-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 FO2302-U03 DO2315-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-48-U05 JUL-U05 21-U05 1999-U05 BIB] 37426-U01 1999-U02 048-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 DO2315-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-48-U05 JUL-U05 21-U05 1999-U05 1999 048 CC RESO¹òw @˜Ž¼RESO 99-48 JUL 21 1999H$p8Resolution No.99-48 Approved and Adopted byte City Council of the City of Baldwin Park this 21st day of July 1999. Manuel Lozano, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss. CITY OF BALDWIN PARK I, KATHRYN V. TIZCARENO, City Clerk of the City of Baldwin Park, do hereby certify tat the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on July 21, 1999, by the following vote: AYES: COUNCILMEMBERS: Pacheco, Gair, Van Cleave and Mayor Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None BIB] 37175-U01 RESO-U02 99-48-U02 JUL-U02 21-U02 1999-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 FO2302-U03 DO2315-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-48-U05 JUL-U05 21-U05 1999-U05 BIB] 37426-U01 1999-U02 048-U02 CC-U02 RESO-U02 LG1-U03 LI3-U03 FO1126-U03 FO1996-U03 DO2315-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 99-48-U05 JUL-U05 21-U05 1999-U05