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HomeMy WebLinkAboutResolution No. 12-C13RESOLUTION NO. 12-C13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING THE CITY OF AZUSA'S AMENDED NONDISPOSAL FACILITY ELEMENT. RECITALS WHEREAS, Nondisposal Facilities include material recovery facilities, transfer stations, large-scale compost facilities, that are required to obtain a solid waste facilities permit pursuant to Public Resources Code 44001; and WHEREAS, Public Resources Code Section 41732 requires that each City in California adopt a Nondisposal Facility Element (NDFE) which identifies all Nondisposal Facilities that are being used or proposed to be used by each jurisdiction to comply with the California Integrated Waste Management Act of 1989 ("AB 939"); and WHEREAS, Public Resources Code Section 41734.5 requires each city to amend its NDFE from time -to -time to reflect changes in Nondisposal Facilities used or planned to be used by each jurisdiction to comply with AB 939; and WHEREAS, the City of Azusa last adopted its NDFE on August 15, 1994, and each of the three facilities named in the existing NDFE is no longer in operation; and WHEREAS, the City of Azusa entered into a contract with Athens Services in October 2000, which required that all waste collected in Azusa by the refuse contractor be taken to Athens' material recovery facility located in the City of Industry; and WHEREAS, Waste Management, Inc. is planning to build a material recovery facility in the City of Azusa at 1501 West Gladstone Street; and WHEREAS, the Waste Management's proposed material recovery facility will process clean loads of mixed recyclables, yard waste, and serve as a transfer facility for mixed waste; and WHEREAS, the California Department of Resources Recycling and Recovery ("CalRecycle") is requiring that Waste Management, Inc.'s proposed material recovery facility be named in the City of Azusa's NDFE in order to receive a solid waste facility permit; and WHEREAS, there are currently numerous independent contractors, such as landscape maintenance and construction contractors, that haul their own waste to the Puente Hills landfill from Azusa; and WHEREAS, the Puente Hills landfill has been instrumental in helping Azusa achieve its AB 939 goals by using landscape debris delivered to it by Athens Services and landscape contractors as a landfill cover material for which the City of Azusa gets recycling credit; and WHEREAS, the Puente Hills landfill is scheduled to close in October 2013, which will prevent Azusa from getting recycling credit for landscape debris hauled there by Athens Services and independent contractors; and WHEREAS, Waste Management, Inc.'s proposed material recovery facility will accept yard waste and other debris generated by independent contractors operating from within the City of Azusa and will divert said waste from landfills; and WHEREAS, Waste Management, Inc.'s material recovery facility will be critical to the City of Azusa's continued compliance with AB 939 following the closure of the Puente Hills landfill since it will accept locally generated recyclables, yard waste and other materials, and will recycle much of said waste; and WHEREAS, the American Organics compost facility located in Victorville, CA, has been acquired by Athens Services, and is likely to be used by Athens to divert landscape debris collected by Athens pursuant to its Franchise Agreement with the City of Azusa; and WHEREAS, the City of Azusa has prepared a revised NDFE which is attached to this resolution as "Exhibit A" that names Athens Services' material recovery facility, American Organics' compost facility, and Waste Management, Inc.'s material recovery facility as Nondisposal Facilities likely to be used by the City of Azusa in complying with AB 939; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: 1. That the recitals set forth herein are true and correct. 2. That the attached Nondisposal Facility Element is exempt from the California Environmental Quality Act of 1970 per Public Resources Code 41735(a). 3. That the attached Nondisposal Facility Element is adopted. 4. That staff is directed to file the Nondisposal Facility Element with CalRecycle, Los Angeles County, and any other agencies required by state law. 5. That the City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 21st day February, 2012 oseph R. Rocha, Mayor ATTEST: Vera Mendoza, City ClerkG� I HEREBY CERTIFY that the foregoing Resolution No. 12-C 13 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof on the 21"day of February, 2012, by the following vote: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: OUNCILMEMBERS: NONE Vera Mendoza, City Clerk EXHIBIT A CITY OF AZUSA NONDISPOSAL FACILITY ELEMENT AMENDED FEBRUARY 21, 2012 Prepared by Cary Kalscheuer Assistant to the Director of Utilities Azusa Light & Water 729 N. Azusa Ave. Azusa, CA 91702 Table of Contents Page Introduction Definition Background Description of Nondisposal Facilities Section A — Nondisposal Facilities Located within Azusa Table A-1: Waste Management, Inc.'s "Proposed" Material Recovery Facility Section B — Nondisposal Facilities Located outside Azusa Table B-1: Athens Services' Material Recovery Facility Table B-2: American Organics Compost Facility Appendix Description of Nondisposal Facility Element Regulations Introduction The California Integrated Waste Management Act of 1989 (AB 939) requires cities and counties in California to develop, adopt and implement Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs), and a Countywide Siting Element (counties only). All of these Elements are to be included in a Countywide Integrated Waste Management Plan (CIWMP). In 1992, the California Legislature enacted Assembly Bill 3001 which amended AB 939, requiring cities and counties to prepare and adopt a Nondisposal Facility Element (NDFE). Definition "Nondisposal Facility" is a solid waste facility that is required to obtain a state solid waste facility permit, but is not a solid waste disposal or transformation facility. Therefore, the types of facilities to be addressed in the NDFE include material recovery facilities, transfer stations, large- scale composting facilities, and other waste processing or recycling facilities. Background The City of Azusa adopted a NDFE on August 15, 1994, which included three separate facilities. Since that time, each of the facilities listed in the 1994 NDFE has ceased operation. Since Public Resources Code (PRC) Section 41734.5 requires that changes in nondisposal facilities be reflected in an updated NDFE, this document has been prepared to amend the City of Azusa's NDFE. Description of Nondisposal Facilities The City of Azusa's NDFE identifies nondisposal facilities as defined by PRC Section 41733, including material recovery facilities, transfer stations, large-scale composting facilities, and large scale aggregate/inert processing facilities that the City intends to utilize to implement its SRRE and meet the solid waste diversion requirements of PRC Section 41780. Section A identifies and describes one proposed facility to be located in the jurisdiction of the City of Azusa, which will recover for reuse or recycling at least five percent of the total volume of material received by the facility. Section B identifies and describes two facilities which the City is either using currently or plans to utilize that are located outside of the jurisdiction, that recover for reuse or recycling at least five percent of the total volume of material received by the facility. Page 1 Section A Nondisposal Facilities Located within Azusa Table A-1 Waste Management, Incorporated Proposed Azusa Material Recovery, Waste Transfer Station, Material Recovery Facility will process up to 800 tons per day of recyclable materials: glass, cardboard, plastic, metal, mixed paper and aluminum. Materials will be shipped to manufacturing markets. TYPE OF FACILITY Waste Transfer Station will process a total of 2,500 tons of municipal solid waste per day and 500 tons per day of landscape waste. Material Recovery Station: 800 tons per day Waste Transfer Station: 2,500 tons per day FACILITY CAPACITY Greenwaste: 500 tons per day Total Permitted Capacity: 3,800 tpd ESTIMATED AMOUNT OF WASTE SENT Up to 3,800 tons per day TO FACILITY EXPECTED DIVERSION RATE 90% of incoming recyclables and yard waste. City of Azusa, City of Pasadena, City of PARTICIPATING JURISDICTION Baldwin Park, City of San Dimas, Los Angeles County, City of Claremont, and City of Los Angeles 1501 W. Gladstone Street LOCATION Azusa CA 91702 Section B Nondisposal Facilities Located outside Azusa Table B-1 Arakelian Enterprises, Inc. Dba Athens Services Material Recovery Facility, Transfer/Processing Facility Material Recovery Facility and Transfer/Processing Facility are permitted to process up to 5,000 per day of non hazardous — refuse, separated or commingled recyclables and inert. Some of the recyclable materials TYPE OF FACILITY recovered are: newspaper, glass, metals, plastics, inert materials, and organics. Materials will be shipped to manufacturing markets. FACILITY CAPACITY Total Permitted Capacity: 5,000 tons per day ESTIMATED AMOUNT OF WASTE SENT Up to 5,000 tons per day TO FACILITY DIVERSION RATE A minimum of roughly 25-30% of incoming municipal solid waste. In addition, roughly 90% diversion for incoming source separated recyclable material. Los Angeles County and the cities of Azusa, PARTICIPATING JURISDICTION Bell Gardens, Covina, Irwindale, Glendora, La Canada Flintridge, Monrovia, Montebello, Monterey Park, Pasadena, Redondo Beach, San Gabriel, San Marino, Sierra Madre, South EI Monte, South Pasadena, Temple City, West Covina, West Hollywood, and other cities in the general vicinity. LOCATION 14048 Valley Boulevard Industry, CA 91746 Table B-2 American Organics Compost Facility TYPE OF FACILITY Organics & composting facility. FACILITY CAPACITY Total Permitted Capacity: 700 tons per day ESTIMATED AMOUNT OF WASTE SENT Up to 700 tons per day TO FACILITY DIVERSION RATE 100% of incoming green waste and organics. Los Angeles County and the cities of Azusa, PARTICIPATING JURISDICTION Bell Gardens, Covina, Irwindale, Glendora, La Canada Flintridge, Los Angeles City, Monrovia, Montebello, Monterey Park, Pasadena, Redondo Beach, San Gabriel, San Marino, Sierra Madre, South EI Monte, South Pasadena, Temple City, West Covina, West Hollywood, and other cities in the general vicinity. LOCATION 20055 Shay Rd., Victorville, CA 92394 Appendix This appendix provides a copy of certain sections out of the California Code of Regulations regarding nondisposal facility elements. Title 14. Natural Resources Division 7. California Integrated Waste Management Board Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans '@Article 6.4. Nondisposal Facility Element (Refs & Annos) *§ 18752. Scope. (a) The Nondisposal Facility Element (NDFE) shall identify the nondisposal facilities to be used by a jurisdiction to assist in reaching the diversion mandates of Public Resources Code Section 41780. (b) The NDFE shall include the items identified in Sections 18752 through 18754.5 of this chapter. (c) For the purpose of this Article, a nondisposal facility is any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) Chapter 3, Part 4 of the Public Resources Code, except a disposal facility or a transformation facility. (d) The NDFE shall reflect information available to a jurisdiction at the time of the development of the document. The NDFE may also contain additional information as determined by a jurisdiction. (e) A jurisdiction may include other facilities not defined as nondisposal facilities (i.e. recycling centers, drop-off centers, household hazardous waste facilities, etc.). (f) For the purpose of this Article, a jurisdiction is a city, county, city and county, or regional agency. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code. Title 14. Natural Resources Division 7. California Integrated Waste Management Board Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans 'I Article 6.4. Nondisposal Facility Element (Refs & Annos) *§ 18753. Description of Nondisposal Facilities within a Jurisdiction. The NDFE shall identify all existing, expansion of existing, and proposed nondisposal facilities located within a jurisdiction which recover for reuse or recycling at least five percent of the total volume of material received by the facility. (a) Each facility description shall include, but is not limited to: (1) type of facility; (2) facility capacity; (3) anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives; and, (4) participating jurisdictions. (b) Each facility location description may include, but is not limited to: (1) address of the facility; or, (2) description of the general area, (include a land use map, zoning map, or other type of planning map). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code. Title 14. Natural Resources Division 7. California Integrated Waste Management Board Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans "11Article 6.4. Nondisposal Facility Element (Refs & Annos) y§ 18753.5. Description of Nondisposal Facilities outside a Jurisdiction. The NDFE shall identify all existing, expansion of existing, and proposed nondisposal facilities which jurisdiction, plans to utilize, but which are not located within the jurisdiction, and which recover for reuse or recycling at least five percent of the total volume of material received by the facility. (a) Each facility description shall include, but is not limited to: (1) type of facility; (2) estimated amount of the waste the jurisdiction will transport to the facility; (3) anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives; and, (4) location of facility. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code. Title 14. Natural Resources Division 7. California Integrated Waste Management Board Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans "&Article 6.4. Nondisposal Facility Element (Refs & Annos) *§18754. Description of Transfer Stations within a Jurisdiction. The NDFE shall identify existing, expansion of existing, and proposed transfer stations located within a jurisdiction, which recover less than five percent of the volume of materials received for reuse or recycling. (a) Each facility description shall include, but is not limited to: (1) name of facility; and, (2) participating jurisdictions. (3) facility capacity. (b) Each facility location description may include, but is not limited to: (1) address of the facility; or, (2) description of the general area, (include a land use map, zoning map, or other type of planning map). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code. Title 14. Natural Resources Division 7. California Integrated Waste Management Board Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans "MArticle 6.4. Nondisposal Facility Element (Refs & Annos) *§ 18754.5. Description of Transfer Stations outside'a"Jurisdiction. The NDFE shall identify existing, expansion of existing, and proposed transfer stations to be used by a jurisdiction but not located within the jurisdiction, which recover less than five percent of the volume of materials received for reuse or recycling. (a) Each facility description shall include, but is not limited to: (1) name of facility; and, (2) location of facility. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code.