Item 12 Staff Report Adopt Resolution Authorizing the Town Manager to Execute the Agency Agreement for Countrywide AB 939 Implementation Fee and the Agency Agrement for Countrywide Household Hazardous Waste Collection ProgramCOUNCIL AGENDA REPORT
S A'S
DATE: June 1, 2000
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
n
MEETING DATE: 6/5/00
ITEM NO. /�
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE AND
THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
RECOMMENDATION:
Adopt Resolution Authorizing the Town Manger to execute the Agency Agreement for Countywide AB 939
Implementation Fee and the Agency Agreement for Countywide Household Hazardous Waste Collection Program.
BACKGROUND:
The California Integrated Waste Management Act of 1989 (AB 939) was passed by the State Assembly to divert
materials from landfills in order to preserve decreasing landfill capacity and diminishing natural resources. The bill
authorized each California city and county to impose fees in amounts sufficient to pay the costs of preparing, adopting,
and implementing an integrated waste management plan. The Solid Waste Commission of Santa Clara County
determined that a Countywide AB 939 Implementation Fee was necessary and that the fee should be imposed on each
ton of waste disposed at landfills located within the County. This fee is currently $1.30 per ton.
AB 939 also requires jurisdictions to plan and implement household hazardous waste services as specified in the
Household Hazardous Waste Elements of the Countywide Integrated Waste Management Plan. The County Department
of Health implements and administers the Countywide HHW Program for the unincorporated areas and all participating
jurisdictions. Historically, the Countywide HHW Program has been funded annually by the participating jurisdictions
in varying amounts based on each jurisdiction's desired level of service.
DISCUSSION:
The Agency Agreement for Countywide AB 939 Implementation Fee provides for continued collection of the fee for
a three-year term beginning July 1, 2000 and for subsequent three-year extensions upon written agreement of the County
and jurisdictions. It also increases the fee by $1.50 to fund household hazardous waste (HHW) services to base number
of households in each jurisdiction. Finally, the Agreement extends the collection of the fee to non -disposal facilities
(e.g., transfer stations and processing facilities).
The Agency Agreement for Countywide Household Hazardous Waste Collection Program provides for convenient and
economical services to enable residents to safely dispose of their unwanted hazardous household products (e.g., paints,
PREPARED BY: Regina A. Falkner .
Community Services Director
Reviewed by: (? k'Attorney
N:\csd\tcrpts\scchhw. rpt
Revised: 6/ 1 /00 12:11 PM
Reformatted: 7/14/99
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE AND THE
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
June 1, 2000
solvents, pesticides, cleaning chemicals, aerosols, automotive fluids, and batteries. The County obtains all necessary
permits and licenses and provides for services, equipment, and supplies to handle wastes collected. The program
provides the following services:
1. Event Collections
A mobile trailer is temporarily located at pre -selected sites throughout the County to collect household
hazardous waste on an appointment only basis. Six collection events will be held in FY 1999-00. Residents
can schedule an appointment and receive information by calling the program's hotline number.
2. Permanent Facilities
In addition to the above collection services, the permanent hazardous waste facilities may also accept hazardous
waste from Conditionally Exempt Small Quantity Generators (CESQGs) by appointment and for a fee. The
three permanent Hazardous Waste facilities are located at:
• Sunnyvale Recycling Center, 164 Carl Road, Sunnyvale
• Tenth Street Center, 1600 10'h Street, San Jose
• San Martin, Murphy Avenue
Revenues derived from the HHW fee will be used to fund (1) fixed HHW program costs, (2) disposal of abandoned
HHW at nonprofit charitable reuse organizations, (3) variable program costs to serve households countywide at a 3%
service level, and (4) discretionary HHW activities within each jurisdiction, including the provision of service above
the base level.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The increase of $1.50 per ton in the Countywide AB 939 Implementation Fee was included in the calculation of the
garbage collection rates that were approved by the West Valley Solid Waste Management Authority at its March 16,
2000 Board Meeting. The increase in the fee was offset by a decrease in the City surcharges collected by the Town.
However, to provide HHW services at status quo levels, the Town will need to augment the funding provided by the
fee. Funds are available in the 210 fund balance, program 2210.
Attachments:
Resolution Authorizing the Town Manager to Execute the Agency Agreement for Countywide AB 939 Implementation
Fee and the Agency Agreement for Countywide Household Hazardous Waste Collection Program (with Exhibits A and
B)
Distribution:
Scott Hobson, Hilton, Farnkopf, and Hobson, 22885 SW Erio Place, Tualatin, OR 97062
Rob D'Arcy, Santa Clara County Department of Environmental Health, Household Hazardous Waste Program, P.O.
Box 28070, San Jose, CA 95159
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
THE AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
AND EXECUTE AN AGENCY AGREEMENT WITH THE COUNTY OF SANTA CLARA
FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM FOR FY 2001 THROUGH FY 2003 (JULY 1, 2000 - JUNE 30, 2003)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS
FOLLOWS:
That the Town Manager is authorized to execute:
1.) the Agency Agreement for Countywide AB 939 Implementation Fee (Exhibit A); and,
2.) the Agency Agreement with the County of Santa Clara to participate in the Countywide
Household Hazardous Waste (HHW) Collection Program for FY 2000-01 (Exhibit B); and,
3.) future amendments to the Agreements so long as they conform to the adopted Town budget.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of June, 2000, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
csd08: A:1Resos\cs060500. R01
AGENCY AGREEMENT FOR COUNTYWIDE .
AB 939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los
Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View,
Palo Alto, San Jose, Santa Clara, Saratoga and Sunnyvale (CITIES) and the County of Santa
Clara (COUNTY) on the day of 2000. The -term CITIES may
refer to CF I IES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and
county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
implementing an integrated waste management plan; and
WHEREAS, the Board of Supervisors established the Countywide AB939
Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting,
and implementing integrated waste management plans and programs; and
WHEREAS, the Solid Waste Commission of Santa Clara County has determined that
a Countywide AB. 939 Implementation Fee (Fee) is necessary, pursuant to Public
Resource Code 41901, to assist in funding the costs of preparing, adopting and
implementing integrated waste management plans and programs in the fifteen cities
and the unincorporated area of the county; and
WHEREAS, the Fee shall be imposed on each ton of waste disposed of at landfills
located within the county or taken to non -disposal facilities located within the county
where it is to be transported for disposal to landfills located outside of Santa Clara
County; and
WHEREAS, state law requires jurisdictions to plan and implement household hazardous
waste services; and
WHEREAS, household hazardous waste (HHW) programs provide household
hazardous waste management services to residents of Santa Clara County and are
necessary services to enable jurisdictions to meet the requirements of state law; and
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient,
and economical means for residents to properly dispose of household hazardous
wastes in an environmentally safe manner in order to avoid unauthorized or improper
disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a
manner which creates a health or environmental hazard. These wastes include, but
are not limited to, common household products such as household cleaning products,
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEB 1
spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints,
motor oil, antifreeze and car batteries; and
WHEREAS, the Solid Waste Commission has determined that a Household
Hazardous Waste Fee be added as part of the AB939 Implementation Fee to provide
the necessary funding to operate the household hazardous waste programs in Santa
Clara County; and
WHEREAS, the County will collect the Fee on behalf of the fifteen cities
and the unincorporated area and will apportion the Fee according to the terms of this Agreement.
NOW, THEREFORE, CITIES and COUNTY OF SANTA CLARA AGREE AS
FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the
COUNTY will collect and distribute the Fee of $2.80 per ton of waste to be disposed.
The Fee is divided into two parts 1) a Program Fee of $1.30 per ton to assist in
funding the costs of preparing, adopting, and implementing the integrated waste
management plan in the fifteen cities and the unincorporated area of the county; and
2) a HHW Fee of $1.50 per ton to provide funding to implement the Countywide
HHW Program. The Program Fee will be allocated among jurisdictions as described
in Exhibit B. The HHW Fee will be allocated to the COUNTY, CITIES, and
Countywide HHW Program and as described in Exhibit C. The Fee shall be imposed
on each ton of waste disposed of at landfills located within the county or taken to
non -disposal facilities located within the county where it is to be transported for
disposal to landfills located outside of Santa Clara County. Non -disposal facilities are
defined as those facilities included in the County of Santa Clara Non -Disposal
Facility Element (and subsequent amendments to that Element).
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from
landfills and non -disposal facilities listed in Exhibit A, and any landfill or non -
disposal facility subsequently permitted, on a quarterly basis using data from tonnage
reports filed by landfill and non -disposal facility operators with the County Integrated
Waste Management Program. The COUNTY shall require each landfill and non -
disposal facility to submit required payment, documentation of tonnages disposed,
and state -mandated Disposal Reporting System Reports on a quarterly basis, within
45 days of the end of each calendar quarter. Late submissions and/or payments shall
be subject to a late filing penalty and delinquent penalties. Collected funds and any
late filing payments and delinquency penalties shall be distributed ,to CHTiES and
Countywide HHW Program based on the formula set forth in Exhibits B and C.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 2
COUNTY shall not be obligated to distribute funds that COUNTY has been unable to
collect from landfill or non -disposal facility operators.
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and
submitted by the COUNTY and shall report to COUNTY, with appropriate
documentation, errors in waste allocations among jurisdictions within 30- days of
receipt.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the Fee at the non -disposal facility or
landfill, but not at both locations. Best efforts will be made to prevent tonnage
from being assessed a double fee (once at a non -disposal facility and again at a
landfill within Santa Clara County). The Program Fee funding share paid to
CITIES shall be used to assist in funding the costs of preparing, adopting, and
implementing the integrated waste management plan in CITIES and the
unincorporated area of the COUNTY. The HHW Fee portion shall assist in
funding the costs of each city's share of HHW operations:
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party
insurance, self-insurance or a combination thereof, against any claim, expense,
cost, damage or liability arising out of the performance of its responsibilities
pursuant to this Agreement.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might
otherwise be imposed between CITIES and COUNTY pursuant to Government
Code Section 895.6, the parties agree that all losses or liabilities incurred by a
party shall not be shared pro rata but instead the parties agree that each of the
parties hereto shall fully indemnify and hold each of the other parties harmless
from any claim, expense or cost, damage or liability arising out of, or in
connection with, performance of its responsibilities pursuant to this Agreement.
Additionally, CITY shall indemnify, hold harmless, and defend COUNTY, its
officers, agents, and employees with respect to any loss, damage, liability, cost
or expenses, including attorney fees, arising from misuse of the Fee distributed
to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its
officers, agents, and employees with respect to any actions brought by third
parties based on COUNTY's negligence in the collection or distribution of said
Fees.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 3
7. DISTRIBUTION OF FEE
COUNTY shall distribute the Fee to CITIES and the Countywide HHW
Program pursuant to the formulas described in Exhibits B and C within 45 days
of receipt of landfill and non -disposal facility payments and disposal
documentation required for calculation of Fee distribution amounts.
Distributions shall begin in December 2000, and continue quarterly through
August 2003.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW
Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
Regardless of whether CITIES enter into the Agreement, CITIES's share of
funds collected for Abandoned Waste Disposal Costs will be paid directly to the
Countywide HHW Program as described in Exhibit C.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or
non -disposal facility operators prior to scheduled distribution of payments to
CITIES and the Countywide HHW Program, payment distribution shall be
calculated on a pro rata share of monies received. Upon collection, late
payments and accrued delinquent penalties, if any, shall be distributed among
CITIES and the Countywide HHW Program according to the formula in
Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection and
distribution of the Fee for at least five (5) years after the termination date of this
Agreement, unless otherwise required by law to retain such records for a longer
period. Such records will be available for inspection upon written request by
CITIES, and will include but not be limited to tonnage reports submitted by
landfills and non -disposal facilities, waste stream documentation provided by
cities, and payments made by the landfills and non -disposal facilities to the
COUNTY and by the COUNTY to CITIES.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the
Fee, CITIES may request in writing a review by COUNTY within 10 days of
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 4
receipt of their Fee allocation. The review shall be performed within 30 days of
request and results shall be reported to CITIES in writing
12. EFFECTIVE DATE OF AGREEMENT
This agreement takes effect only upon approval by all fifteen cities and the
COUNTY.
13. AMENDMENT
This Agreement may be amended only by an instrument signed by the parties.
14. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any
of the parties hereto. Each party shall be solely responsible for the acts and
omissions of its officers, agents, employee, contractors and subcontractors, if
any. Nothing herein shall be considered as creating a partnership or joint
venture between the parties.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2000, to August 31, 2003, or
until all funds from the last quarter's Fee payments have been distributed,
whichever is later. COUNTY shall bill the operators of the landfills and non -
disposal facilities listed in Exhibit A for the Fee commencing with the Quarter
ending September 30, 2000. Said landfills and non -disposal facilities will be
billed for the Fee through June 30, 2003.
16. EXTENSION OF TERM
This Agreement may be extended in three-year extensions upon written
agreement of COUNTY and CITIES.
17. NOTICES
All notices required by this Agreement will be deemed given when in writing
and delivered personally or deposited in the United States mail, postage prepaid,
return receipt requested, addressed to the other party at the address set forth in
Exhibit D attached hereto or at such address as the party may designate in
writing in accordance with this section.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
18. CONTROLLING LAW
This Agreement shall be govemed and construed in accordance with the laws of
the State of California.
19. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect
to the subject matter hereof. No modification of this Agreement shall be
effective unless and until modification is evidenced by writing signed by all
parities or their assigned designates.
20. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute one
and the same instrument.
IN WITNESS WHEREOF, the parties have executed this AGENCY
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
Agreement on the dates as stated below:
"COUNTY" "CITY"
COUNTY OF SANTA CLARA, CITY OF
a political subdivision of the
State of California
By: By:
Donald F. Gage, Chairperson,
Board of Supervisors
Date:
Title Date
ATTEST: APPROVED AS TO FORM AND LEGALITY:
Phyllis Perez, Clerk,
'-t-VIA,t CU A-OCAMAIA (10 (oo
Kathy Kre'tchmer Date
Board of Supervisors Deputy County Counsel
Date:
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 6
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Owens—Corning Fiberglas Landfill
Palo Alto Refuse Disposal Area
Zanker Road Landfill
Pacheco Pass Sanitary Landfill
NON -DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED
IN SANTA CLARA COUNTY
City of Palo Alto Green Composting Facility
Material Recovery Systems Facility
Newby Island Compost Facility
Zanker Materials Processing Facility
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station)
Z-Best Composting Facility
GreenWaste Recovery Facility
ComCare Farms Composting Facility
Pacheco Pass Landfill Composting Facility
Butterick Enterprises Recyclery
Premier Recycling Facility
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
7
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Fach jurisdiction located in Santa Clara County will receive $1.30 per ton of
solid waste disposed of in landfills or taken to non -disposal facilities located in
Santa Clara County, as documented in quarterly reports submitted by the
County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside
of Santa Clara County, will be distributed according to each jurisdiction's percent of
countywide population, according to the latest available population report issued by
the California Department of Finance.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 8
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM HHW FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under AB939, which establishes
statutory authority to provide for funding to support planning and implementation of
integrated waste management programs. The HHW Fee of $1.50 per ton collected as
part of the AGENCY AGREEMENT FOR COUNTYWIDE AB 939
IMPLEMENTATION FEE will be the primary source of funding of HHW Program
services.
Funds derived from the HHW Fee will be allocated among four types of HHW
service costs as follows: •
A. Fixed Program Costs will be apportioned based on the number of households in
each participating jurisdictiion. The number of households will be determined at
the beginning of each Fiscal Year by statistics compiled by the Department of
Finance, Demographic Research Unit in their most recent Report E-1, "Population
Estimates for California Cities and Counties".
B. Abandoned Waste Disposal Cost will be apportioned based on the number of
households in all cities and towns in Santa Clara County and in the
unincorporated area of the county.
C. Variable Cost Per Car to provide a base level service to 3% of households in all
participating jurisdictions.
D. Discretionary Funding funded on tonnage generated per participating jurisdiction.
2. FIXED PROGRAM COST
Fixed Program Costs shall be calculated at $1.12, $1.19, and $1.24 per household per
jurisdiction for fiscal years 2001 through 2003 respectively. Fixed program costs
may include, but are not limited to 4.5 full-time equivalent staff members, facility
leasing costs, vehicle lease costs, office supplies, county administrative overhead,
training costs, equipment and facility maintenance, union negotiated salary and
benefit increases and state mandated facility closure costs.
3. ABANDONED WASTE DISPOSAL COST
Abandoned Waste Disposal Costs will be calculated at $0.17 per household for all
households in the cities and towns of Santa Clara County and in the unincorporated
area of the county. This portion of the funds shall be distributed directly to the
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 9
Countywide HHW Program. All jurisdictions throughout the COUNTY contribute to
this cost including jurisdictions not participating in the AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM. The abandoned waste disposal cost portion will fund disposal of HHW
illegally abandoned at nonprofit charitable reuse organizations. For the purposes of
this agreement, the PUBLIC RESOURCES CODE SECTION 41904 defines a
nonprofit charitable reuse organizations as follows:
(1) "Nonprofit charitable reuser" means a charitable organization, as defined in
Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or
division of the charitable organization, that reuses and recycles donated goods or
materials and receives more than 50 percent of its revenues from the handling and
sale of those donated goods or materials.
4. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County HHW
Collection Facilities and Mobile Events. This portion of the funds shall be
distributed directly to the Countywide HHW Program. The Variable Cost Per Car is
estimated to be approximately $60 per car for Fiscal Year 2001. The estimated cost
per car will be adjusted annually to reflect actual service costs. After Fixed Costs and
Abandoned Waste Costs are allocated on a per household basis, the Variable Cost Per
Car will be used to calculate the costs to service 3% of households across all
participating jurisdictions. If the level of 3% of households is not reached, the
Countywide HHW Program will use the remaining balance of funds, in cooperation
with the CITIES that has less than 3% participation levels, to increase public outreach
and/or provide additional services in that jurisdiction the following year..
5. DISCRETIONARY FUNDING
The Discretionary Funding portion will be allocated based on the tons of waste
generated within each jurisdiction and after allocation of Fixed Program Costs,
Abandoned Waste Disposal Costs and Variable Per Car Costs. Discretionary Funds
will be paid as directed by each jurisdiction. Discretionary Funds must be used for
HHW purposes. Options for how to spend these funds include, but are not limited to,
increasing the number of residents served in the jurisdiction by the Countywide HHW
Program, subsidizing curbside used motor oil collection, funding HHW public
education, or providing special programs such as door-to-door collection of HHW for
the elderly and/or disabled.
6. PROGRAM FUNDING PASS -THROUGH
Annual funding calculations include HHW Fees collected on behalf of all County
jurisdictions. CITIES, at their option, may participate in the Countywide HHW
Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 10
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES NOT
participating in the Agency Agreement will receive their pro-rata share of funding
received by the COUNTY from the HHW Fee, with the exception of funds for the
abandoned waste disposal cost, described above.
If CITIES NOT participating in the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit
residents to participate in HHW Program services on an emergency basis, then
services to these residents will be provided on a cost recovery basis. A charge equal
to the published rates charged to Conditionally Exempt Small Quantity Generators
will be billed to the CITIES. A CITIES' representative must call the Countywide
HHW Program appointment line to schedule an appointment for the resident. The
pro-rata share of liability will be shared as defined in Section 6 of the AGENCY
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
11
Exhibit D
List of Contacts
CITY OF CAMPBELL:
BILL HELMS
ENVIRO. PROGRAMS MGR.
70 NORTH FIRST STREET
CAMPBELL CA 95008
(408) 866-2150
billh@ci.campbell.ca.us
CITY OF GILROY:
LISA JENSEMA
ENVIRONMENT PROGRAM COORDINATOR
7351 ROSANNA STREET
GILROY CA 95020
(408) 846-0460
ljensema@ci.gilroy.ca.us
TOWN OF LOS ALTOS HILLS:
JIM RASP
PUBLIC WORKS MANAGER
26379 FREMONT ROAD
LOS ALTOS HILLS CA 94022
(650) 941-7222
jrasp@losaltoshills.ca.gov
TOWN OF LOS GATOS:
REGINA FALKNER
COMMUNITY SERVICES DIVISION
P O BOX 949
LOS GATOS CA 95030
(408) 354-6820
rfalkner@town.los-gatos.ca.us
CITY OF SUNNYVALE:
MARK BOWERS
PO BOX 3703
SUNNYVALE CA 94086
(408) 730-7421
mbowers@,ci.sunnyvale.ca.us
CITY OF CUPERTINO:
LAVENIA MILLAR
ENVIRONMENTAL PROGRAMS
10300 TORRE AVENUE
CUPERTINO CA 95014
(408) 777-3242
laveniam@cupertino.org
TOWN OF LOS ALTOS:
BRUCE BANE
ONE NORTH SAN ANTONIO RD
LOS ALTOS CA 94022
(650) 948-1491
bruce.bane@ci.los-altos.ca.us
CITY OF MILPITAS:
BARBARA DANIELS
SENIOR ADMINISTRATIVE ANALYST
455 E CALAVERAS BLVD
MILPITAS CA 95055
(408) 586-3353
bdaniels®ci.milpitas.ca.gov
CITY OF MORGAN HILL:
TONY EULO
ENVIRONMENTAL PROGRAM MGR
17555 PEAK AVE
MORGAN HILL CA 95037
(408) 779-7247
teulo@ch.morgan-hill.ca.gov
CITY OF SAN JOSE:
SKIP LACAZE
ENVIRONMENTAL SERVICES DEPT.
777 NORTH FIRST ST SUITE 450
SAN JOSE CA 95112
(408) 277-3994
skip.lacaze@ci. sj .ca.us,
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Exhibit D
CITY OF MONTE SERENO:
BRIAN LOVENTHAL
CITY MANAGER
18041 SARATOGA/LOS GATOS ROAD
MONTE SERENO CA 95030
(408) 354-7635
bloventhalRyahoo. com
L. SCOTT HOBSON
HILTON FARNKOPF & HOBSON, LLC
2201 WALNUT AVE. SUITE 280
FREMONT, CA 94538
(510) 713-3274
shobson@a hfh-consultants.com
CITY OF SANTA CLARA:
RICK MAUCK
DEPUTY DIRECTOR OF PUBLIC WORKS
STREET SUPERINTENDENT
1500 WARBURTON AVENUE
SANTA CLARA CA 95050
(408) 615-2050
rmauck@ci.santa-clara.ca.us
CITY OF SARATOGA:
PAULA REEVE
ASSISTANT TO THE CITY MANAGER
13777 FRUITVALE AVENUE
SARATOGA CA 95070
(408) 868-1267
cityhall@saratoga.ca.us
CITY OF MOUNTAIN VIEW:
CYNTHIA PALACIO
PUBLIC WORKS DEPT
P O BOX 7540
MOUNTAIN VIEW CA 94039
(650) 903-6229
cynthia.palacioAci.mtnview. ca.us
CITY OF PALO ALTO:
RUSSELL REISERER
MANAGER OF ENVIRONMENTAL PROGR
P O BOX 10250
PALO ALTO CA 94303
(650) 496-6951
russell reiserer(),city.palo-alto.ca.us
SANTA CLARA COUNTY:
MARGARET RANDS
PROGRAM MANAGER
INTEGRATED WASTE MANAGEMENT
1735 N FIRST ST STE #275
SANJOSECA95112
(408) 441-1198
margaret.randsRpin.co.santa-clara.ca.us
AND
SANTA CLARA COUNTY:
SHARON DOWELL
HAZARDOUS MATERIALS PROGRAM
MANAGER
HOUSEHOLD HAZARDOUS WASTE PROG
2220 MOORPARK AVE. SUITE 204
SAN JOSE CA 95128
(408) 299-6688
sharon.dowellPdeh.co.santa-clara.ca.us
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
AGENCY AGREEMENT FOR COL.. fYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the (CITY
or Participating Jurisdiction) and the County of Santa Clara (COUNTY) on the
day of 2000.
RECITALS
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Collection Program whereby residents of the county and
participating jurisdictions will have an opportunity to safely dispose of household
hazardous wastes, regardless of the specific location at which an event has been
scheduled; and
WHEREAS, the participating jurisdictions desire to provide residents with convenient
opportunities to safely dispose of their household hazardous waste (HHW) in order to
encourage the proper disposal of toxic products, and avoid unauthorized or improper
disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a
manner which creates a health or environmental hazard; and
WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and
economical means for residents to dispose of household hazardous wastes. These
wastes include, but are not limited to, common household products such as household
.cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides,
oil based paints, motor oil; antifreeze and car batteries. Residents of the CITY listed
above will be eligible to bring household hazardous wastes to any household
hazardous waste collection event where these wastes will be. accepted for proper
disposal as described below; and
WHEREAS, the participating jurisdictions desire to schedule Household Hazardous
Waste Collection Events (Events) for residents for FY'2001 through FY'2003 (July 1,
2000 - June 30, 2003); and
WHEREAS, the participating jurisdictions desire to provide household hazardous
waste collection services to a minimum of 3% of the households per fiscal year in
each participating jurisdiction; and
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Fee (HHW Fee), as authorized by Public Resources Code 41901, to
be collected at $1.50 on each ton of waste disposed of at landfills located within the
county or taken to non -disposal facilities located within the county where it is to be
transported for disposal to landfills located outside of Santa Clara County.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM .
1
NOW, THEREFORE, CITY, named above and COUNTY OF SANTA CLARA
AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which CITY
will participate in the Countywide Household Hazardous Waste Collection Program
(CoHHW Program) available to their residents. Participating jurisdictions are those
jurisdictions that enter into an "AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM."
2. PROGRAM FUNDING SOURCE
HIM Program services are directly mandated under AB939, which establishes
statutory authority to provide for funding to support planning and implementation of
integrated waste management programs. The HHW Fee, of $1.50 per ton, collected
as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB 939
IMPLEMENTATION FEE will be the primary source of funding for HHW Program
services.
Funds derived from the HEW Fee will be allocated among four types of HHW
service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in
each participating jurisdiction. The number of households will be determined at
the beginning of each Fiscal Year by statistics compiled by the Department of
Finance, Demographic Research Unit in their most recent Report E-1, "Population
Estimates for California Cities and Counties".
B. Abandoned Waste Disposal Cost will be apportioned based on the number of
households in all cities and towns in Santa Clara County and in the
unincorporated area of the county.
C. Variable Cost Per Car to provide a base level service to 3% of households in all
participating jurisdictions.
D. Discretionary Funding funded on tonnage generated per participating jurisdiction.
The projected HEW Fee funding allocation by jurisdiction is set out in Attachment A.
3. FIXED PROGRAM COST
Fixed Program Costs shall be calculated at $1.12, $1.19, and $1.24 per household per
jurisdiction for fiscal years 2001 through 2003 respectively. Fixed Costs are
projected for Fiscal Year 2001 through 2003 in Attachment B. Fixed Program Costs
may include, but are not limited to 4.5 staff members, facility leasing costs, vehicle
lease costs, office supplies, county administrative overhead, training costs, equipment
and facility maintenance, anion negotiated salary and benefit increases and state
mandated facility closure costs.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
4. ABANDONED WAb fE DISPOSAL COST
Abandoned Waste Disposal Costs will be calculated at $0.17 per household for all
households in the cities and towns of Santa Clara County and in the unincorporated
area of the county. The abandoned waste disposal cost portion will fund disposal of
HHW illegally abandoned at nonprofit charitable reuse organizations. For the
purpose of this agreement, the PUBLIC RESOURCES CODE SECTION 41904
defines a nonprofit charitable reuse organization as follows:
(1) "Nonprofit charitable tenser" means a charitable organization, as defined in
Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or
division of the charitable organization, that reuses and recycles donated goods or
materials and receives more than 50 percent of its revenues from the handling and
sale of those donated goods or materials.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County Household
Hazardous Waste Collection (CoHHWCF) Facilities and Mobile Events. The
Variable Cost Per Car is estimated to be approximately $60 per car for Fiscal Year
2001. The estimated cost per car will be adjusted annually to reflect actual service
costs. After Fixed Program Costs and Abandoned Waste Disposal Costs are allocated
on a per household basis, the Variable Cost Per Car will be used to calculate the costs
to service 3% of household across all participating jurisdictions. If the level of 3% of
households is not reached, the CoHHW Program will use the remaining balance of
funds, in cooperation with the CITY that has less than 3% participation levels, to
increase public outreach and/or provide additional services in that jurisdiction the
following year.
6. DISCRETIONARY FUNDING
The Discretionary Funding portion will be allocated based on the tons of waste
generated within each jurisdiction, and after allocation of Fixed Program Costs,
Abandoned Waste Disposal Costs, and Variable Per Car Costs. Discretionary Funds
will be paid as directed by each jurisdiction. Discretionary Funds must be used for
HHW purposes. Options for how to spend these funds include, but are not limited to,
increasing the number of residents served in any jurisdiction by the Countywide
HHW Program, subsidizing curbside used motor oil collection, funding HHW public
education, or providing special programs such as door-to-door collection of HHW for
the elderly and/or disabled.
7. ADMINISTRATION AND PAYMENT OF HHW FEE
The Santa Clara County Integrated Waste Management Program (IWMP) will
administer the Fee, as part of the existing landfill billing system. Administration
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
3
and payment will be made in accordance with the AGENCY AGREEMENT FOR
COUNTYWIDE AB 939 IMPLEMENTATION FEE.
8. PROGRAM PUBLICITY
The CoHHW Program shall have responsibility for developing and coordinating
countywide awareness of HHW and Oil Recycling Programs. HHW Program public
awareness responsibilities shall include, but may not be limited, to the following
activities:
• Serving as the formal contact to the major media.
• Providing participating jurisdictions with educational materials developed
for the CoHHW Program.
• Promoting oil and oil filter recycling by developing, purchasing, and
distributing educational materials, media relations materials, basic art
work and camera ready advertising materials for distribution countywide
and for use by jurisdictions.
• Representing the program through educational presentations for schools
and businesses and attendance at community events such as local fairs and
festivals.
• CoHHW Program will provide participating jurisdictions opportunities to
review and comment on the development of countywide outreach
materials.
CITY public awareness responsibilities, at the sole discretion of the CITY, shall
include, but mayriot be limited to the following activities:
• Provide a copy of HEW promotional materials to the CoHHW Program
for review for accuracy and completeness, prior to publication.
• Adapting and distributing the media relations materials developed by the
CoHHW Program to local newsletters, newspapers and to the electronic
media.
• Providing the HHW Program with a copy of locally produced materials.
• CITY is responsible for conducting supporting outreach and publicity to
attain the 3% goal of household participation.
9. DELEGATION OF AUTHORITY
The Board of Supervisors delegates all CoHHW Program management to the
Department of Environmental Health. The Director of the Department of
Environmental Health has the authority to execute all vendor contracts necessary to
operate the program, to execute any necessary license agreements, to add additional
services provided on a cost recovery basis and to terminate any contracts as
warranted. All contracts/agreements/amendments shall first be approved by County
Counsel.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4
10. MOBILE HHW EVENTS:
COUNTY shall conduct Household Hazardous Waste Collection Events at various
sites located in Santa Clara County. The COUNTY shall obtain all necessary permits
and licenses required for the Events and shall provide or contract for the services of
properly trained, qualified personnel and hazardous waste haulers, and shall provide
or secure suitable equipment and supplies to properly receive, package, label, haul,
recycle and dispose of the household hazardous wastes collected at Events.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous
Waste Collection Facilities (CoHHWCF). A third facility is planned and should
become operational in September 2001. The CoHHWCF will operate a reuse
program, offering usable materials to the public at no charge. The COUNTY shall
obtain all necessary permits and licenses required for the CoHHWCF and shall
provide or contract for services, equipment, and supplies to properly receive,
package, label, haul, recycle and dispose of wastes collected. The CoHHW Program
will schedule an adequate number of collection days to provide service to 3% of
households.
The CoHHWCFs are located at:
♦ Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale
♦ Tenth Street Center, 16001Oth Street, San Jose
• San Martin, Murphy Avenue ( future site, September, 2001)
12. CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR
DISPOSAL PROGRAM
COUNTY will provide services to accept hazardous waste from Conditionally
Exempt Small Quantity Generators (CESQG). A CESQG is defined by Federal
regulation as a business that generates less than 100 Kilograms (220 lbs.) of
hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month.
Eligible businesses within the county will be allowed to bring their hazardous waste
to CESQG collection events, which will be scheduled at the CoHHWCF. This
program will not be subsidized by participating jurisdictions. Services to businesses
will be provided on a cost recovery basis, which will include program administration,
on -site collection, transportation, and disposal costs. COUNTY will assume
responsibility for collecting fees from participating businesses. See Attachment D,
titled Santa Clara County CESQG Drop-off Price List.
13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government
agencies and nonprofit charitable reusers. Abandoned household hazardous waste
•
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
5
means a household hazardous waste left at a property by an unknown party.
Abandoned household hazardous waste does not include waste generated by a known
organization or agency in the course of normal business operations such as, but not
limited to, the assembly or manufacture of products from new or used materials or the
provision of charitable services such as classroom education, meal preparation, and
shelter, or the provision of services for a fee. Government agencies will be charged
for disposal of abandoned household hazardous waste according to the CoHHW
Program's published rates for conditionally exempt small quantity generators
(CESQGs).
14. NONPROFIT CHARITABLE REUSER
A Nonprofit Charitable Reuser organization, is a nonprofit as defined in Section
501C(3) of the Federal Internal Revenue Code, or a distinct operating unit or division
of the charitable organization. A Nonprofit Charitable Reuser is further defined as an
organization that reuses and recycles donated material and receives more then 50% of
its revenues from the handling and sale of those donated goods or materials. In order
to qualify as a Nonprofit Charitable Reuser, the business must submit to the Director
of Environmental Health a request to be so designated. The Director shall review the
request and supporting documentation and shall make a final decision on the
designation. COUNTY will accept abandoned household hazardous waste from
Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of
the abandoned household hazardous waste in an annual amount not to exceed funds
available from the Abandoned Waste Disposal Cost funding generated by the
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
(Fee). Disposal available to Nonprofit Charitable Reuser shall be on a first come first
serve basis. Once the cost for disposal of the abandoned household hazardous waste
from Nonprofit Charitable Reusers is equal to the available funds collected through
the Fee in any one fiscal year, disposal fees shall no longer be waived, and Nonprofit
Charitable Reusers shall be charged for disposal of abandoned household hazardous
waste according to the HHW Program's published rates for CESQGs. No costs shall
be applied to the budget of a participating CITY.
15. WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to materials as defined in
Health and Safety Code Section 25218.1(e) or as later amended, and include, but are not
limited to, automotive fluids, automotive and other types of batteries, latex and oil paint,
oil filters, garden chemicals, household cleaners, pool chemicals and other common
hazardous consumer products.
16. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These
include, but are not limited to, compressed gas cylinders larger than 5 gallons,
radioactive materials, and explosives. Other wastes not accepted by the CoHHW
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6
Program are wastes generated as part of operating a business, u. .ading a home
operated business, except that waste from CESQGS as provided for in Section 12
above shall be accepted.
17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
A CITY may elect to augment funding provided for in this Agreement with CITY
funds. Additional services shall be made available upon written agreement between
the CITY's authorized representative and the Director of the Department of
Environmental Health. Additional services may include, but are not limited to,
additional appointments (charged at the variable cost per car rate), Door -to -Door
HHW Collection, Used Oil Filter Collection and Abandoned Waste Collection.
CITY agrees to augment up to an additional $ 23,150 to the Countywide HHW
Program during Fiscal Year 2001 for the purpose of increased resident participation
above the 3% service level at the scheduled collection dates listed in Attachment C.
Augmentation will be calculated at the variable cost per car rate which is estimated at
$60.00 per car. Fiscal Year 2002 and FY 2003 funding augmentations shall be
agreed upon in writing by the Director of the Department of Environmental Health
and the designated CITY representative. Other services will be charged on a cost
recovery basis.
If the CITY elects to augment funding, the COUNTY will bill CITY, at the end of
each fiscal quarter for additional resident participation above the 3% service level.
Payment is due within 30 days of the invoice date. At the end of each fiscal year, a
final annual cost statement shall be prepared by the COUNTY and issued to the CITY
by September 15. The annual cost statement will take into consideration costs
incurred on behalf of the CITY for additional services and all payments made by the
CITY to the COUNTY. If any balance is owed to the COUNTY, it will be due by
October 15 following receipt of the annual cost statement. If any credit is owed to the
CITY, COUNTY will refund that amount to the CITY by October 15.
18. INFORMATION AND REGISTRATION LINE
COUNTY will operate a telephone information and registration desk Monday through
Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will register
residents for the Mobile HHW Events and CoHlIWF and provide information about
hazardous household materials. CITY will be notified when indicated resident
participation approaches the 3% base level of service.
19. SCHEDULING AND SITE SELECTION
COUNTY shall work with the CITY to determine the date(s) of the Events and
collections at the CoHHWCF. The CITY shall coordinate with the COUNTY in
locating and securing sites for Mobile HHW Events. It is recognized that some of the
cities participating in the Program may not have appropriate sites available. A
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
proposed schedule of Mobile HHW Events and collections at CoHHWCF is included
as Attachment C. COUNTY will schedule an adequate quantity of collection days to
serve the 3% level of service in each participating jurisdiction.
20. OUTSIDE FUNDING
During the term of this agreement, COUNTY will seek outside funding_sources to
begin services that would supplement existing services such as permanent collection
sites, equipment, and operational funding. If funding is obtained, the Program will, at
the COUNTY's discretion, proceed with development of additional programs without
affecting CITY's available funding allocation.
21. REGIONAL GRANT PARTICIPATION
The CoHHW Program is hereby given permission by all participating jurisdictions to
apply for future grants from the California Integrated Waste Management Board
which are available under the- California Oil Recycling Enhancement Act of 1991 and
all Household Hazardous Waste grants under the California Integrated Waste
• Management Act. The Countywide HHW Program will act in behalf of all
participating jurisdictions, as the lead applicant and grant administrator, and will use
the grant funds for the development of a Countywide HHW Program. The CoHHW
Program will oversee how the moneys are used and work in cooperation with CITY
as to how the funds will be spent. Nothing in this section shall preclude a
participating jurisdiction from applying for grant funds in any case where the
CoHHW Program does not apply.
22. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with
convenient emergency opportunities to safely dispose of their HHW in the event of a
disaster. The purpose of this emergency planning for HHW is to minimize potential
public health and safety impacts, as well as to minimize costs and confusion.
Attachment E will provide clarification to local jurisdictions about delegation of
CITY and COUNTY responsibilities for the collection of household hazardous wastes
in response to an emergency. CITY shall make good faith efforts to provide the
public with information related to the problems associated with HHW. Upon the
decision to hold an emergency collection event, it is the CITY's responsibility to
make a good faith effort to prepare and disseminate the necessary outreach to notify
the public of a special emergency event. An emergency collection event shall be
initiated by a written request from CITY to COUNTY. Collection events can be
scheduled in as little as ten (10) working days of a CITY's written request or at an
agreed upon date thereafter. The plan is set out in Attachment E, Household
Hazardous Waste Emergency Collection Plan.
COUNTY agrees to conduct the event at a mutually agreeable site 'and time. The
COUNTY will obtain the necessary permit from the State Department of Toxic
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Substances Control, and nandle wastes in accordance with State .-w. COUNTY will
bill CITY for all special emergency events on a cost recovery basis and all payments
shall be due thirty days following the receipt of the invoice.
23. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW
Collection Events for corporate employees and residents of participating jurisdictions.
The transportation, treatment and disposal liability for nonresident employee
participation in these events shall be shared by all participating jurisdictions and the
COUNTY, as described in Section 27 of this agreement Summary information
concerning these corporate sponsored events will be included in the HHW Program's
annual report to the participating jurisdictions.
24. INSURANCE CERTIFICATES
Contractorswho provide hazardous waste transportation, treatment, or disposal
services shall have insurance with the following minimum limits: General
Comprehensive - $1 million per occurrence, $2 million aggregate; Auto -$1 million;
workers compensation — statutory limits established by law; and environmental
impairment liability -$1 million per occurrence, $2 million aggregate. Other
contractors shall have insurance in amounts to be determined by the COUNTY
Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance
certificates from each of the contractors prior to the contractor providing service to
the program. All insurance certificates shall name the CITY, its officers and
employers as additional insured.
25. WASTE TRACKING AND REPORTING
Within 30 days following the end of each quarter, COUNTY will provide a report to
the CITY regarding participation rates from each participating jurisdiction. Midyear
and year end reports will outline the types and quantities of waste collected, the
amount of waste diverted for reuse or recycling and the waste management method
for each waste stream and associated costs for transportation and disposal. COUNTY
will prepare a report summarizing program activities which were delivered to the
participating jurisdictions no later than six months after the end of the COUNTY's
fiscal year.
It will be assumed for cost and reporting purposes that each participating jurisdiction
is contributing to the waste stream in proportion to the number of its residents who
directly participate. For purposes of any potential disposal liability, each
participating jurisdiction shall be deemed a discharger of only its pro rata proportion
of household participation in the Program. For example, if the program served 1,000
vehicles from the City of Milpitas and 10,000 vehicles total from all participating
jurisdictions, the pro rata portion of household participation from Milpitas would be
ten percent. See also Section 27.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
9
COUNTY shall take steps to assure that the quarterly statements to jurisdictions
reflect the funds necessary to cover costs for CITY participation in services scheduled
during the next quarter. Although the COUNTY will make every effort to keep the
Variable Cost Per Car at approximately $60, an adjustment to the Discretionary
Funding may be necessary.
26. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program.
27. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the
Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata
but instead COUNTY and CITY agree that pursuant to Government Code Section
895.4, each of the parties hereto shall fully indemnify and hold each of the other parties,
their officers, board members, employees and agents, harmless from any claim, expense
or cost, damage or liability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of the negligent acts or omissions or willful misconduct of
the indemnifying party, its officers, employees or agents, under or in connection with or
arising out of any work, authority or jurisdiction delegated to such party under this
Agreement. No party, nor any officer, board member, employee or agent thereof shall
be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of the other parties hereto, their officers, board
members, employees or agents, under or in connection with or arising out of any work
authority or jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any
liability incurred and attributed to the Countywide HHW Program for the
transportation, treatment, or disposal of the household hazardous waste, once the
waste has been accepted by a licensed hazardous waste hauler. Apportionment for
disposal liability shall be determined by each participating jurisdiction's pro rata
proportion of household participation in the Program. Apportionment for
transportation and treatment liability shall be determined by each participating
jurisdiction's pro rata household participation at the event where the waste was
generated. The COUNTY will use reasonable efforts to obtain recovery from all
available resources, including insurance, of any liable hauler or liable disposal facility
operator. No liability shall be apportioned to the CITY for transportation, treatment
or disposal in any case where the COUNTY has contracted for such services and has
failed to require the contractor to maintain the insurance requirements set forth in
Section 24 above.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10
CITY shall further indeiwiify COUNTY for CITY's apportion.. .tare of liability
incurred and attributed to the Countywide HHW Program for the transportation,
treatment or disposal of household hazardous waste at corporate sponsored events
where non -county resident employees of the corporate sponsor are authorized to
participate in the event. Liability for the nonresident portion of the disposal of waste
shall be shared by the cities and the county as described above. The nonresident
portion shall be determined by calculating the percentage of nonresidents
participating in the event. This percentage will then be subtracted from the total
liability for the household hazardous waste prior to assessing the CITY's apportioned
share of any liability for the household hazardous waste.
COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify
COUNTY for their apportioned share of any liability incurred and attributed to the
Countywide HHW Program for the transportation, treatment, or disposal of their
hazardous waste, once the waste has been accepted by a licensed hazardous waste
hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be
determined by calculating the percentage, by weight, of the total household hazardous
waste accepted by the Countywide HHW Program. This percentage will be used to
calculate the portion of liability attributed to CESQGs and Nonprofit Charitable
Reusers and will be subtracted from the total liability prior to assessing the CITY's
apportioned share of any liability for household hazardous waste.
28. TERMINATION
This agreement may be terminated by any party upon one-year (365 days) written
notice given by the anniversary date of each contract year.
29. _ TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2000, to June 30, 2003, or until all
revenue from the last quarter's Fee payments has been distributed, whichever is later.
30. EXTENSION OF TERM
This. Agreement may be extended for succeeding three-year terms if COUNTY and
participating jurisdictions so agree in writing.
31. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the
parties hereto. Each party shall be solely responsible for the acts and omissions of its
officers, agents, employee, contractors and subcontractors, if any. Nothing herein
shall be considered as creating a partnership or joint venture between the parties.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECION PROGRAM 11
32. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall
for all purposes be deemed an original and all of which shall together constitute one
and the same instrument.
33. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
34. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect
to the subject matter hereof. No modification of this Agreement shall be
effective unless and until modification is evidenced by writing signed by all
parities or their assigned designates.
35. NOTICES
All notices and communications herein required shall be in writing to the other party
as follows, unless expressly changed in writing:
CITY of City Representative
Representative's Title
City Address
Santa Clara County
Ben Gale, Director
Department of Environmental Health
PO Box 28070
San Jose, CA 95129
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12
IN WITNESS WHEREOF, the parties have executed this AGENCY
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM on the dates as stated below:
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
By:
Donald F. Gage, Chairperson,
Board of Supervisors
Date:
ATTEST:
Phyllis Perez, Clerk,
Board of Supervisors
Date:
APPROVED AS TO FORM AND LEGALITY:
ibL"\-\(\ LW(Oc)
Kathy Kretchmer Date
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
by:
Title: Date
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13
Attachments:
A FY 2001 Allocation of $1.50/ton AB 939 HHW Fee by Jurisdiction
B Estimated HHW Program Fixed Costs by Fiscal Year
C Draft HHW.Schedule For Fiscal Year 2000/2001
D Santa Clara County CESQG Drop-off Price List
E Household Hazardous Waste Emergency Collection Plan
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
14
City
Discretionary
Fund
000
�t
e'--
6F)
e-
cri
7)
6R
..-
E9
M
CD
bg
-$223'
$13,537�
U)
co_co
1)
fii
0
V)
69
COO
to
O
10
s-
6R
CO
e-
(D
O
6
eN--
co
CO
69
N
C)
r
61
0)
to
C)
T
I
e-
ep
0
tO
6
$219,1481
* Values will fluctuate based on tonnage and number of households in each jurisdiction
** Values will fluctuate based on actual cost
*** City will receive pass-thru of revenue except Nonprofit portion
0
m w %
al 0 U
= ,.,v
> 0 Q
C)
CO
00
O
0
6N9696
.-
10
CO
(M)
.3-
0
O
0
CO
e-
Ci
69
er
N-
O
to
ti
CD
CO
CA1
696�691
r-
00
co_
I
CO
CO
N
6
e--
t!)
to
00
$59,377
tf)
e-
0
0
�'
LC)
N-
M
Cn
69
1 $97,754
N.
00
r~
(0
696%
CO
to
N
Nonprofit
$.17 per
household
P-
't
t`
69
'r
CD
O
6NR6964
U)
CO
CA
N
e-
CO.
$4791
N
- •
.-
Eft
"t
CO.
*
of
e-
N
N
10
N..
'CR694EA
CO
0 e-
CD "ci
N CO
CO
t co
(D
O CO
CO
69
$1,830
N
C')
N
496
'Kr
N
0
CON
CO
00
1-
vt
CO
CD
CO
69
FY 2001 Allocation of $1.50fTon AB 939 HHW Fee by Jurisdiction
Landfill Total Revenue Fixed Cost C4)
Disposal by' at $1.50 per $1.12 per
ton 1998 ton* . household
CO41)
0)
O
00
e-
6A
t`
0
CO
OC
e-
69
co
CO.
�-
fA
O
.�
0)
e-
6R
f`
CA
e-
52
ti
e-
0)
CM
6R
$111,7401_ $19,5291
O
e-
.
.-
6R
E-
69
$101,7711 $36,945
Co
CO
.f
0
N-
10
CO
to
O
CN
i—
69-
CO
N
CO
O
CO
69
0)
CO
CD
Cr;Cr
M
69
ti
CO
Cr)
t`
ti
e-
'Cr.
64
0
(0
CD
N:
co
69-
CO
to
N
CS
10
69
0
.-
CI
N
cou)
69
5,659 $8,4881
CI
Ch
CO.
N.
69
CO
CO
O
C..
6R
CO
N
'
T
to
669-69
'
.--
N
.-
LO
CO
6A
1 19,633 $29,449
CO
Cr)
O
CO
COVA
00
CO
co
N
69
ti
O
C)
Cr)
N
6R
CO
(D
e--
41)
150,545 $225,817
42,945
0�
V�
tID
M
21,540
CND-
M
74,4931.
O
N
N
CC
CO
r-7
(0
.
co
N
CO
t-
N
82,025
�-
co
COco
M
77,848
fa
'0
O 0
L
d
C7 N
7
0
L
to
CO
NI-tf)
0')
N
347
320
U)
CO
373
M
N
toCOO.
00
C'')
309 1
0
CO
0)
8,486
e)
N
C
Q)
N
.-
Ch
CD
O
r
15,492
0)
h
P-
1,177
41, V!
0
a) t
.0 w
E to
3 0
Z O
t
Cr)
(D
.-
N
'.Q_
t-
r-
11,558
O
O
e-
0)
00
N
CD
N
.-
N.
e j'
N.
r-
1,259
CO
0
0
e-
32,987
25,952
282,861
39,231
e4-
co
O
e'
54,308
35,437
581,582
25,952
N
Cr;
Cr)
WZ
Q00„wOQ
0
O-1
0
C9
i_
o
-I
ILOS ALTOS HILLS I
.1-Vi<
Ic
1 0-1
1 -1
Lc((n0�zQ
E
O
ui
0
J
(..9n0O-,FQ_QzZ
0
5
0¢¢¢¢
M
!
Ocw00>
n-
Cn
i
(n
v)
w
D
u)
O
0
a
0
F-
i
�O
O
¢
a
!q
LL
a
U
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Attachment B
ESTIMATED HHW PROGRAM FIXED COSTS BY FISCAL YEAR
2001 2002 2003
Staff Salary And Benefits $375,000 $400,000 $420,000
County Admin Overhead $95,000 $100,000 $105,000
Facilities Lease Costs $25,000 $25,000 $25,000
Vehicle Lease Costs $25,000 $25,000 $25,000
Office Supplies $25,500 $30,000 $30,000
Maintenance $5,000 $5,000 $5,000
Staff Training $10,000 $10,000 $10,000
Facility Closure $20,000 $20,000 $20,000
ESTIMATED ANNUAL TOTAL $580,500 $615,000 $640,000
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
DRAFT HHW SCHEDULE FOR FISCAL YEAR 200IJ, 2001
Year
Month
Saturday Location
ype o ven County Holidays (BOLD- NO EVENT)
-
-^
•
r•
.
1 NO EVENT
NO EVENT TUES JULY 4 INDEPENDENCE DAY
8
SAN JOSE
PERMANENT
15
SUNNYVALE -
PERMANENT
22
SAN JOSE
PERMANENT
29
SUNNYVALE
PERMANENT _`
- _-
5
SAN JOSE
PERMANENT
12
SAN JOSE
PERMANENT
19
SUNNYVALE
PERMANENT
26
CUPERTINO
TEMPORARY
-
2
NO EVENT
NO EVENT
MON SEPT 4 LABOR DAY
-
-
9
SAN JOSE
PERMANENT
16
SUNNYVALE
PERMANENT
23
SAN JOSE
PERMANENT
30
SAN JOSE
PERMANENT
______ _ _ -_____ __ _._--
'
7
SOUTH COUNTY
TEMPORARY.
MON.00T 9 COLUMBUS DAY
14
SAN JOSE
[ i-ii. ►lai
21
SUNNYVALE
PERMANENT
28
WEST VALLEY •
TEMPORARY
7
L---.-----
�-
-__
,
;
-
_'
4 62234..a1111.1
NO EVENT
STAFF &HR REFRESHER TRAINING
11 SAN JOSE
PERMANENT
SAT NOV 11 VETERANS DAY
18 SUNNYVALE
PERMANENT
.
25 NO EVENT
NO EVENT
THURS NOV 23 & 24 THANKSGIVING
2
SAN JOSE
PERMANENT
-
9
SAN JOSE
PERMANENT
16
SUNNYVALE
PERMANENT
23
NO EVENT
NO EVENT
MON DEC 25 CHRISTMAS
NO EVENT
EVENT
MON JAN 1 NEW YEARS DAY
7
j30
'
4
tNO
(
FFTl"T
1
L
l
:
.
=
6
SAN JOSS
PERMANENT
13
SAN JOSE
PERMANENT
MON JAN 15 MARTIN LUTHER KING DAY
20
SUNNYVALE
PERMANENT
27
L.
SAN JOSE
PERMANENT
3
SOUTH COUNTY
TEMPORARY
10
SAN JOSE
PERMANENT
-
-- 17
SUNNYVALE
PERMANENT
MON FEB 19 PRESIDENTS DAY
24
SAN JOSE
PERMANENT
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Attachment C
DRAFT HHW SCHEDULE FOR FISCAL YEAR 2000/ 2001 continued
Year
Month
Saturday
Location
Type of Event
County Holidays (BOLD- NO EVENT)
-
t . ?L.�.,
L ::.:::_ �.
L_. 7 __::.�
E__.---- __::
c�
3
MT VIEW
TEMPORARY
-
10
SAN JOSE
PERMANENT
17
SUNNYVALE
PERMANENT
24
SAN JOSE
PERMANENT
31
SAN JOSE
PERMANENT
7
MILPITAS
TEMPORARY
14
SAN JOSE
PERMANENT
SUNNYVALE APR 15 EASTER
21
SUNNYVALE
PERMANENT
28
LOS ALTOS -
TEMPORARY
5
STANFORD
_1
TEMPORARY
12
SAN JOSE
PERMANENT
19
SUNNYVALE
PERMANENT
26
NO EVENT
NO EVENT
MON MAY 28 MEMORIAL DAY
Eii-tvj E
2
L
C--- . -
SOUTH COUNTY
TEMPORARY
-
-
-
9
SAN JOSE
PERMANENT
16
SUNNYVALE
PERMANENT
23
SAN JOSE
PERMANENT
30
SAN JOSE
PERMANENT
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
$5.00 EACH
$2.70/LB
$5.50/LB
$4 EA/ $11 IF DIOXIN
$7.00/GAL
$8.00/GAL
$2/ QUART CONTAINER
$10/ 1 GAL CONTAINER
$2/ QUART CONTAINER
<1 GAL $5.50/LB
$18/ 1 GAL CONTAINER
$90/ 5 GAL CONTAINER
W z
0
Z Q
V>
Q
�
Q
CI
0
O O O
I0
J Q 00
O
.- to
O O
0
W 00
0
0
t�
'o.
�:
F w U_
o
0
ID N lf)
CO
W
69 63 •� Ea
N-
> to Z
>
v?
u.
w
z
0
U
w
w
0
2
0
L)
u
0
0)
co
U
a
>-
C
0
III
Q
U
Cn
Q
J
o
O
(L
p
2
aNj
l'
FLAM SOLID
SLUDGE
LAB PACK
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Attachment E
HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1: PURPOSE
The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public
health and safety impacts, as well as to minimize costs and confusion during an emergency or
disaster. This Attachment will provide clarification to local jurisdictions about services the
County can provide and the responsibilities of each party for the collection of household
hazardous wastes (HHW) in response to an emergency.
Jurisdictions should contact local emergency agencies, the Governor's Office of
Emergency Services (OES), and the Department of Toxic Substances Control (DTSC)
for more specific information on hazardous materials emergency response.
2. Timing of HHW
While it is important to have special collection opportunities for disaster -related HHW
as soon as possible to avoid illegal disposal or harm to people and/or the environment,
having an event or service too soon after a disaster may result in low participation.
Sufficient public notification, assessment and monitoring of the disaster and cleanup
process by the City HHW Coordinators is essential.
3. Public Information/Notification:
Cities should be prepared to provide the public with information related to the problems
associated with HHW along with information about special collection events and
services. Upon the decision to hold an emergency collection event, it is the City's
responsibility to prepare and deliver the necessary public outreach to notify the public
of an upcoming event. A City's public outreach program should evaluate all forms of
media including: newspaper ads, posters, flyers, press releases, banners, door -to-door
notices, roadside signs, signs on dumpsters, radio public service announcements, and
television public access stations. Be aware of communities where multiple language
ads will be necessary.
4. State HHW Collection Permits
The State Department of Toxic Substances Control (DTSC) is responsible for issuing
the necessary state permits for HHW collection facilities. During an emergency, the County will
obtain the necessary emergency permit, for special collection of household hazardous waste,
from DTSC through their expedited approval process.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM .1
tti
5. Collection Events
Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, neighborhoods needing service, and at landfills or a centralized location to
service larger segments of the population. Waste collected can be transported with the HHW
Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the
two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The
following options are available to each participating City.
• Neighborhood Drop-off Events: The County is able to provide localized service to specific
areas in need of household hazardous waste collection services. The County will work with
City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area.
After a specific event, waste will be transported by County staff or a hazardous waste
contractor to an appropriate facility.
• Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event
(Events) at various sites located in Santa Clara County throughout the year. Events will be
expanded to give priority to disaster victims when requested by the City. The County shall
obtain all necessary permits and licenses required for the events and shall provide and/or
contract for the services of properly trained personnel and hazardous waste haulers. The
County shall also provide or secure suitable equipment and supplies to properly receive,
package, label, haul, recycle and dispose of the household hazardous wastes collected at
events.
• CoHHWCF: The County operates two permitted HHW collection facilities for the collection
and storage of HHW. The County shall provide or contract for services, equipment, and
supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at
the BOP Centers.
The CoHHWCF are located at:
• Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale
• Tenth Street Center, 16001Oth Street, San Jose
6. Costs, Documentation and Reimbursements
Cities will be billed on a cost recovery basis commensurate with the charges specified in the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. Costs of emergency events will be tracked and billed separately.
Emergency funding applications pending from the State or Federal government for
reimbursements in no way relieves the City of responsibility to make timely payment to the
County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
2
The County agrees to provide the City with a detailed accounting of services provided
for an emergency collection. Documentation will track the time and materials of staff,
outside contractor expenses, and quantities and types of waste collected to
demonstrate that the wastes were generated above and beyond existing collection
programs.
Services to businesses will be provided on a cost recovery basis and according to Attachment
D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration,
on -site collection, transportation, and disposal
costs. The County will assume responsibility for collecting fees from participating
businesses.
7. State and Federal Assistance and Funds
It is the city's responsibility to pursue reimbursement from State or Federal agencies.
State Office of Emergency Services (OES)
The OES is responsible for requesting assistance on behalf of local jurisdictions for
resources beyond the capability of the jurisdiction. State assistance. may include
assistance available from State, Federal, or private sources. If a local jurisdiction is
declared a state disaster area, and the local jurisdiction deems that the needs of the
disaster response are beyond its capabilities, then the local jurisdiction can request
assistance and reimbursement of costs from OES.
Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS.
The State Department of Toxic Substances Control may have funding available
for hazardous waste response and collection.
Federal Assistance
If a state disaster area Is declared a federal disaster, then federal funding assistance
may be available through the State OES. Funding and assistance may be available
from Federal agencies such as FEMA and the U.S. EPA.
Damage estimates: The city should provide to the State OES estimates
of damages and a "scope of work requested." It is recommended that the local HHW
coordinator meet ahead of time with local emergency agencies or State OES contacts
regarding the proper procedures and wording of requests for assistance.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
3
Funding Process: The funding process may vary depending on the unique
circumstances of the disaster. The process can either be the traditional FEMA
reimbursement process, or by direct assistance from EPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
4
Emergency Planning Contacts and Personnel
Primary County Contact:
Department of Environmental Health
Household Hazardous Waste Program
Ed Ramos
Hazardous Material Specialist
408-299-7300
Responsibility: Coordinate and establish proper collection and disposal methods
for household hazardous waste. Assess the need for HHW and
CESQG services in consultation with the City and other operations.
Santa Clara County
Department of Environmental Health
Hazardous Materials Compliance and Solid Waste enforcement Division
Erwin Koehler
Director
408-299-6930
Information and Public Affairs
2800 Meadowview Road
Sacramento, CA 95832
916/262-1843
916/262-1841 (voice/TDD)
OES - Coastal Region
1300 Clay Street, Suite 400
Oakland, CA 94612
510/286-0895
510/286-0877 (voice/TDD)
CHEMTREC Emergency number, (800) 424-9300
Non -emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The
Center was developed as a resource for obtaining immediate emergency response information to
mitigate accidental chemical releases, and as a means for emergency responders to obtain
technical assistance from chemical industry product safety specialists, emergency response
coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents
involving chemicals.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5
RESOLUTION OF THE BOARD OF SUPERVI�JRS
OF THE COUNTY OF SANTA CLARA
AMENDING THE COUNTYWIDE SOLID WASTE PLANNING FEE
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or
city and county may impose fees in amounts sufficient to pay the costs of
preparing, adopting, and implementing an_integrated waste management plan;
and
WHEREAS, a Countywide Solid Waste Planning Fee (Fee) was established in
1984 to support the Countywide Planning Program and is expended only on
cooperative countywide solid waste planning, programs, and activities; and
WHEREAS, a fee of 420 per ton of wastes disposed of at landfills located within
the county was approved in 1996; and
WHEREAS, the Solid Waste Commission of Santa Clara County has determined
that the Fee should be imposed on each ton of waste disposed of at landfills
located within the county or taken to non -disposal facilities located within the
county where it is to be transported for disposal to landfills outside of Santa
Clara County in order to assure equal assessment of the Fee on wastes and in
order to fund countywide costs of preparing, adopting, and implementing the
integrated waste management plan, countywide programs, and other state -
mandated activities; and
WHEREAS, each ton of waste will be subject to the Fee at the non -disposal
facility or landfill, but not at both locations; and
WHEREAS, in accordance with the California Environmental Quality Act
(CEQA), the Fee is a categorical exemption under Section 15308 and is a statutory
exemption under Section 15273 of CEQA.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF SANTA CLARA:
1. The County of Santa Clara approves the collection of a Fee of 420 per ton
on all wastes landfilled at permitted disposal sites located within the county and
at permitted non -disposal facilities located within the county which send wastes
for landfill disposal.
2. The Fee shall be effective on July 1, 2000.
3. The County shall bill disposal site operators at the end of each calendar
quarter; payment shall be due to the County within 45 days of the end of the
Solid Waste Planning Fee Resolution, Page 1 of 2
calendar quarter for which the payment applies. If Fees are not paid on a timely
basis, additional charges shall be added as follows:
(a) a late processing fee of $100 shall be added if Fec, are not paid within
45 days of the end of the calendar quarter for which the payment applies;
(b) a delinquent penalty of 1% per month shall be added if balance is not
paid within 60 days of the end of the calendar quarter for which the payment
applies.
4. In accordance with CEQA, the Board of Supervisors finds that the
collection of the Fee at non -disposal facilities as well as at disposal facilities is
necessary for meeting the costs of preparing, adopting, and implementing the
integrated waste management plan, expenses of countywide programs, and costs
of other state -mandated activities. The collection of the Fee is a categorical
exemption under Section 15308 and a statutory exemption under 15273 of the
State CEQA guidelines.
PASSED AND ADOPTED by the Board of Supervisors of the County of Santa
Clara, State of California on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Al"1'BST:
Donald F. Gage, Chairperson
Board of Supervisors
Phyllis Perez, Clerk of the Board
APPROVED AS TO FORM AND LEGALITY:
4A_16-)AA/v3/1
Kathy Kret er, Deputy‘
eputy ounty Counsel
Solid Waste Planning Fee Resolution, Page 2 of 2
RESOLUTION 2000 - 56
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
THE AGENCY AGREEMENT FOR COUNTYWIDE AB 939
IMPLEMENTATION FEE
AND EXECUTE AN AGENCY AGREEMENT WITH THE COUNTY OF
SANTA CLARA
FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE
COLLECTION
PROGRAM FOR FY 2001 THROUGH FY 2003 (JULY 1, 2000 - JUNE 30,
2003)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS
FOLLOWS:
That the Town Manager is authorized to execute:
1.) the Agency Agreement for Countywide AB 939 Implementation Fee (Exhibit
A); and,
2.) the Agency Agreement with the County of Santa Clara to participate in the
Countywide Household Hazardous Waste (HHW) Collection Program for FY
2000-01 (Exhibit B); and,
3.) future amendments to the Agreements so long as they conform to the adopted
Town budget.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos, California, held on the 5th day of June, 2000, by the
following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski,
Mayor Steven Blanton
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
/s/ Steven Blanton
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT':
Number:
Date of Adopt:
2ern..)46.4,1)-1
-5 00
12,
RESOLUTION
02,,een
6-5-00
PUBLICATION REQUIRED:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
f,G141-1=..`t tee.?
att.
COUNCIL MEMBERS NAMES:
46144- Zagd&-
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski,
Mayor (or Chairman) STEVE BLANTON
ORDINANCE
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC: D7: RESO-ORD
Town Council Minutes June 5, 2000
Redevelopment Agency Los Gatos, California
SHANNON ROAD 16321/SUBDIVISION/COMPLETION NOTICE/RESOLUTION 2000-52 (08.09)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-52 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF HASTINGS
DEVELOPMENT, THREE LOT SUBDIVISION AT 16321 SHANNON ROAD AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE
AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried
unanimously.
LOS GATOS CREEK BRIDGE @ LARK AVE (37C-0286)BLOSSOM HILL RD BRIDGE (37C-
0286)CALIFORNIA DEPARTMENT OF TRANSPORTATION/RESOLUTION 2000-53 (09.35)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-53 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO ENTER INTO PROGRAM SUPPLEMENT AGREEMENT #001-M1 WITH THE STATE
OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ADMINISTER AGENCY -
STATE AGREEMENT #04-5067 COVERING PRELIMINARY ENGINEERING,
CONSTRUCTION, AND CONSTRUCTION ENGINEERING FOR LOS GATOS CREEK
BRIDGE AT LARK AVENUE (37C-0286) AND BLOSSOM HILL ROAD BRIDGE (37C-0104)
IN THE TOWN OF LOS GATOS. Carried unanimously.
CLEAN, SAFE CREEKS/NATURAL FLOOD PROTECTION/RESOLUTION 2000-54 (10.37)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-54 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING PLACEMENT OF SANTA
CLARA VALLEY WATER DISTRICT'S PROPOSED PROGRAM FOR CLEAN, SAFE
CREEKS AND NATURAL FLOOD PROTECTION ON THE NOVEMBER 2000 BALLOT.
Carried unanimously.
RENTAL DISPUTE MEDIATION/PROJECT SENTINEL/RESOLUTION 2000-55 (11.19)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-55 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT WITH PROJECT SENTINEL FOR RENTAL DISPUTE
RESOLUTION SERVICES. Carried unanimously.
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM/RESOLUTION 2000-56 (12.14)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-56 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO EXECUTE THE AGENCY AGREEMENT FOR COUNTYWIDE AB 939
IMPLEMENTATION FEE AND EXECUTE AN AGENCY AGREEMENT WITH THE
COUNTY OF SANTA CLARA FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM FOR FY 2001 THROUGH FY 2003 (JULY 1, 2000 - June
30, 2003.) Carried unanimously.
PATROL CAR SURVEILLANCE CAMERAS/RECORDERS/RESOLUTION 2000-57 (15.09)
Motion by Mr. Hutchins, seconded by Mr. Pirzynski, that Council adopt Resolution 2000-57 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO
ACCEPT FUNDS FROM THE OFFICE OF CRIMINAL JUSTICE PLANNING, CALIFORNIA
LAW ENFORCEMENT TECHNOLOGY EQUIPMENT PURCHASE PROGRAM, FOR THE
LOS GATOS-MONTE SERENO POLICE DEPARTMENT TO PURCHASE PATROL CAR
SURVEILLANCE CAMERAS & RECORDERS. Carried unanimously.
TC:D11:MM060500
3