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HomeMy WebLinkAboutOrdinance No. 2412 ORDINANCE NO. 2412 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA (ADDING SECTION 3.08. 080 TO THE MUNICIPAL CODE) PROVIDING FOR SANITARY LANDFILL AND DISPOSAL FACILITY CHARGES FOR ROADWAY AND RELATED MAINTENANCE AND FACILITY REPLACEMENT OR EXPANSION. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: Section I. Findings: The City Council finds as follows: A. That within the City boundaries is the Azusa Landfill; B. That the landfill is owned and operated by Azusa Land Reclamation Company, a subsidiary of Browning-Ferris Industries; C. That a report by the Community Development Director attached and incorporated as Exhibit A states that at the present rate the landfill has a maximum potential useful life of twenty (20) years and then will require replacement or relocation; D. That as set out in that report the cost of such replacement or relocation is estimated to be in excess of $50 million in 1989 dollars (or $4.57 per ton deposited now) , including but not limited to roadway and related maintenance, the costs of planning, designing, financing, acquisition of property, closure of the current site and costs as defined in Azusa Municipal Code Section 3 . 08. 030; E. That funds for such expansion or relocation should be provided in part by current users of the landfill, as their use diminishes future capacity on a ton-by-ton basis; F. That residents of Azusa already contribute to the landfill by payment of property taxes which are used for administrative purposes and eventually could be used for future facilities, while non- residents do not so contribute; and G. That based on the costs of expansion or relocation and current costs covered by the City, a fee of $.25/ton or portion thereof, such fee to be levied on refuse generated outside Azusa, is fair and reasonable and does not exceed the pro rated share of providing for such future facilities. Section II. Azusa Municipal Code Section 3 . 080. 080 is added to read as follows: A. 3 . 08. 080 Landfill Replacement/Expansion Fee. There hereby is levied a fee of $.25/ton on each ton or portion thereof of solid waste generated outside the City of Azusa deposited at a sanitary landfill and disposal facility or site with such charge to be collected at the same time as the City, other tipping fees and landfill charges. The fee shall be collected by the landfill operator and remitted to the City on a quarterly basis. The City shall deposit all such fees in a separate interest-bearing account or subfund and shall use the proceeds of such fee, including interest, for the purpose of roadway and related maintenance, expanding or relocating the landfill, including but not limited to the costs of planning, designing and acquiring land for such expansion or relocation and the costs reasonably borne by the City (as defined in this chapter in Section 3 . 08. 030) in providing such future facilities. This fee is in addition to any other fees, charges or taxes levied on such sanitary landfills and disposal facilities. Section III. Effective Date. This Ordinance shall be effective thirty (30) days from the date of its adoption. Section IV. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 31st day of August 1989. 2504e MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No.2412 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 21st day of August 1989. That thereafter, said Ordinance was duly adopted and passed at regular meeting of the City Council on the 31st day of August 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ITY CLERK EXHIBIT 'A' REPORT ON THE AZUSA LANDFILL OVERVIEW The Azusa Landfill, located at 1201 W. Gladstone Street, is operated by Azusa Land Reclamation Company (ALR) , a subsidiary of Browning-Ferris Industries. The landfill is located in an active quarry operated by Transit Mixed, who is, a lessee on the property. As the sand and gravel is extracted, the excavated area is backfilled with solid waste. The facility is classified as a Class III landfill, which means that no hazardous waste can be accepted for disposal. At the present time, 1000 to 1200 tons of solid waste per day are accepted at the landfill. An application is pending before the Waste Management Board for an increase to 6000 tons per day. To varying degrees, the following cities use the landfill: Arcadia, Azusa, Baldwin Park, Covina, Duarte, El Monte, Irwindale, Rosemead, San Marino and Sierra Madre. Approximately 10% of the waste disposed at the facility is Azusa's. Hauling trucks utilize primarily Arrow Highway, Irwindale Avenue, Vincent Avenue, Azusa Avenue and Gladstone Street to access the landfill. At the present time, the landfill is restricted to an 80 acre area. A proposal is pending for expansion of the landfill operation into the reminder of the quarry site. At the present rate of disposal with the existing site boundary, the expected life of the facility is approximately 6 months to a year. If the expansion is approved, the remaining expected life of the landfill will be 20 years. State law sets forth closure requirements for landfill operators to ensure proper safeguards are implemented to protect the community and the environment. ALR has indicated that costs for the closure of the landfill is estimated at $11 million. ANALYSIS: The County is experiencing a serious shortage of landfill space which is rapidly becoming a crisis. Surrounding landfills such as Spadra in Pomona, BKK in West Covina and Rose Hills in Whittier, have relatively short remaining life expectancies, which will place a greater demand on the Azusa Landfill. Since the most optimistic outlook for the Azusa Landfill is a life expectancy of 20 years, it is important that plans and funding be commenced immediately for replacement sites, if Azusa wants to be part of the solution to the landfill crisis. New landfill sites are expensive, the process of permitting complex and lengthy, and environmental issues substantial. It is estimated by ALR that a new landfill would cost in excess of $50 million, including land acquisition, engineering, planning, design, permits and construction. AZUSA LANDFILL . PAGE 2 A surcharge on tonnage to be levied on all disposal over the remainder of the landfill's life expectancy could generate a portion of the funding requirements for a new landfill. Assuming 6000 tons per day, 5 days per week for 20 years, a total of 31 million tons could be disposed at the facility in the next 20 years. If a $. 25 surcharge is levied on that tonnage, approximately $12 .5 million could be generated, assuming a 5% annual inflation rate. While this would not be adequate to fund the entire cost for landfill replacement, a joint venture with another entity, using these financial resources and/or leverage and bonding would be highly feasible. Since Azusa has been, and will continue to receive substantial truck traffic from adjoining communities due to the landfill, a portion of the revenue should be made available for road repair and maintenance. It is estimated that $75, 000 annually, should be set aside for street maintenance and repair for the roads providing access to the landfill. Since Azusa residents have to endure the landfill activities in their community, it would be fair to exempt them from having to pay the surcharge. CONCLUSION: A $.25 surcharge per ton should be levied on disposal at the landfill for the purpose of acquiring a new site once the landfill is closed, and to fund road maintenance and improvement necessary due to landfill hauling trucks. REB/kh WORM ® OF AZUSA Finance Dept * 213 E Foothill Blvd * Box 1395 * Azusa 91702-1395 (818) 334-5125 TO: CONNIE LARA, ASSISTANT CITY CLERK FROM: GEOFF CRAIG, DIRECTOR OF FINANCF DATE: NOVEMBER 8, 1989 SUBJECT: LANDFILL "TIPPING FEE" ORDINANCE NO. 2412 In the rush of preparing the draft ordinance establishing the landfill "tipping fee" to be levied and collected at the Azusa Landfill and remitted quarterly by the Azusa Land Reclamation Company, two important provisions were omitted: 1. that the fee shall not apply to trash generated in Azusa; and 2 . that the fee shall be levied on each ton or fraction thereof. These provisions were clearly the intent of the Council, staff and Blue Ribbon Committee as witnessed during the two workshops and the public hearing. I have added to the earlier Ordinance No. 2412 these provisions and attached is a new draft for you to process. Please accept my apologies for the extra work that this will cause you. Please provide me two certified copies of the final Ordinance No. 2412 . Attachment: GJC:pap ■■