06 Staff Report - AB939 Implementation FeeMEETING DATE: 6/5/06
°w" 0 ITEM NO.
COUNCIL AGENDA REPORT
!ps G Asps
DATE: April 25, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE "AGENCY AGREEMENT FOR COUNTYWIDE AB939
IMPLEMENTATION FEE" AND THE "AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM"
RECOMMENDATION:
Adopt a resolution authorizing the Town Manager to execute the "Agency Agreement for
Countywide AB939 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 promote the diversion of materials from the landfill, in order to preserve decreasing
landfill capacity and diminishing natural resources. AB 939 and subsequent legislation requires
cities and counties to prepare, adopt, and implement waste management plans to reduce their
jurisdiction's waste disposed in landfills by 50% by 2000, and to implement programs to properly
manage household hazardous waste. Jurisdictions must maintain the mandated diversion level of
50% in subsequent years, to submit annual reports documenting compliance, and to periodically
update their adopted waste management plans. Fines of up to $10,000 per day may be assessed to
jurisdictions which do not develop and/or implement waste management plans. Finally, AB 939
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.
Pursuant to Public Resource Code 41901, the Recycling and Solid Waste Reduction Commission
of Santa Clara County determined that such a fee was necessary for the solid waste reduction efforts
PREPARED BY: Regina A. Falkf mmunity Services Director
N:\CSD\TCRPTS\2006 TCRPTS\HHW Agt 0709. i
Reviewed by: -Assistant Town Manager f&To'wn Attorney Clerk Administrator
!-,,L Finance Community Development Revised: 4/25/06 11:46 am
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE "AGENCY AGREEMENT FOR COUNTYWIDE AB939
IMPLEMENTATION FEE" AND THE "AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM"
April 25, 2006
of the fifteen cities and the unincorporated areas of the county. Effective July 1, 1992, the Board of
Supervisors established the Countywide AB 939 Implementation Fee, to 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 and subsequently transported for disposal to landfills located outside ofthe county.
The County collects the fee on behalf of all jurisdictions, and remits it to them for funding of locally-
benefitting solid waste reduction programs.
DISCUSSION:
The County collects and distributes the Countywide AB 939 Implementation Fee on behalf of the
Town and the other j urisdictions in the county under a three-year agreement, the "Agency Agreement
for Countywide AB939 Implementation Fee," which expires June 30, 2006. Under this agreement,
a fee of $3.35 per ton is collected; $1.85 per ton funds household hazardous waste services to
residents, and the remaining $1.50 per ton funds AB 939 compliance activities. The Town receives
its portion of the fees collected based on the tonnage of solid waste originating in Los Gatos.
Countywide AB 939 Implementation Fee Adjustment
In order that the Countywide AB 939 Implementation Fee (AB 939) continue to be collected, a new
three-year "Agency Agreement for Countywide AB 939 Implementation Fee" must be executed.
Because the County collects the AB 939 Fee on behalf of fifteen other jurisdictions, it contracts with
each jurisdiction. All fifteen municipalities, including the Town, must approve the "Agency
Agreement for Countywide AB 939 Implementation Fee" by June 30, 2006. If one or more
jurisdictions do not approve the agreement, the AB 939 Fee will not be collected.
The Recycling and Waste Reduction Commission of Santa Clara County has considered the AB 939
Fee, and recommends that it be adjusted for 2006/07, though not for the full term of the Agreement
(2006-2009). The Recycling and Waste Reduction Commission of Santa Clara County serves as the
principal advisory body to city/town councils and the Board of Supervisors on countywide solid
waste planning issues; its members comprise eight council members from cities in the county, a
member of the Board of Supervisors, and a member of the Board of the Santa Clara Valley Water
District.
The attached "Agency Agreement for Countywide AB 939 Implementation Fee" (Exhibit A to
Attachment 1) would increase the AB 939 Fee by $0.37 per ton, for a total fee of $3.72 per ton for
2006/07. The entire increase would be used to fund household hazardous waste services to residents.
Of the total fee of $3.72 per ton, $2.22 would be used for household hazardous waste services, and
the remaining $1.50 per ton would fund AB 939 compliance activities. The additional funding for
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE "AGENCY AGREEMENT,FOR COUNTYWIDE AB939
IMPLEMENTATION FEE" AND THE "AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM"
April 25, 2006
household hazardous waste services is recommended to pay for the large increase in recycling
volume resulting from the state's recent "Universal Waste" regulations. These regulations make it
illegal to dispose of electronic wastes and mercury-containing wastes such as batteries, mercury
thermostats, and fluorescent bulbs in the solid waste stream. As a result, the County's Household
Hazardous Waste Program estimates a 10-fold increase in the amount of universal waste recycled
over the next three years.
After the one-year fee increase, it would return to the current level of $3.35 per ton for 2007-2009.
Of this, $1.85 would be used to fund household hazardous waste services to residents, and the
remaining $1.50 per ton would fund AB 939 compliance activities. The Recycling and Waste
Reduction Commission will seek alternate funding in 2007-2009 from solid waste, waste water
treatment plants, and storm water agencies.
The Board of Supervisors held a public hearing and adopted a resolution approving continued
collection of the AB 939 Fee, at the adjusted amount, at its April 11, 2006 meeting.
Household Hazardous Waste Services
As noted above, a portion of the AB 939 Fee is earmarked for provision of household hazardous
waste services to residents. The Town contracts with the County to provide these services to Los
Gatos residents, under the "Agency Agreement for Countywide Household Hazardous Waste
Collection Program." The current agreement expires June 30, 2006. The County's household
hazardous waste program allows residents to dispose of safely, and at no charge, common household
hazardous wastes including household cleaning products, solvents, oven cleaner, garden pesticides,
oil-based paints, motor oil, antifreeze, and batteries. The agreement assumes that the AB 939 Fee
will fund services to 3% of residents (375 Los Gatos households); the Town has the option to fund
services to additional residents, using other monies. Historically, the Town has guaranteed services
to all Los Gatos residents who request them, and funded the additional services from its Solid Waste
Fund balance. Los Gatos small businesses may also participate in the program, on a cost recovery
basis. The not-to-exceed amount for these additional services was set at $39,000 for FY 2005/06;
staff recommends the same for FY 2006/07. This amount was sufficient to provide services to all
Los Gatos residents requesting them.
The attached "Agency Agreement for Countywide Household Hazardous Waste Collection Program"
(Exhibit B to Attachment 1) would extend the existing household hazardous waste services provided
by the County through June 30, 2009.
_ MI
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE THE "AGENCY AGREEMENT FOR COUNTYWIDE AB939
IMPLEMENTATION FEE" AND THE "AGENCY AGREEMENT FOR
j COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM"
'i
April 25, 2006
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
As noted above, the Countywide AB939 Implementation Fee (Fee) hastwo components: one portion
funds household hazardous waste services, and the other portion funds AB939 compliance activities.
The Town does not receive the household hazardous waste services portion of the Fee; it is retained
by the County for its services to Town residents. The Town does receive the AB939 compliance
portion of the Fee; during FY 2006/07, staff estimates revenue from this portion to total
approximately $40,000.
As discussed in the "Household Hazardous Waste Services" portion of this report, staff recommends
that the Town guarantee household hazardous waste services to all Los Gatos residents who request
them, with a not-to-exceed amount of $39,000. The AB939 compliance portion of the Fee would
be used to fund these services.
Attachments:
Draft Resolution of the Town Council of the Town of Los Gatos authorizing the Town
Manager to execute the "Agency Agreement for Countywide AB939 Implementation Fee"
and the "Agency Agreement for Countywide Household Hazardous Waste Collection
Program" for FY 2007 through FY 2009 (with Exhibits A and B)
Distribution:
Rob D'Arcy, Santa Clara County Department of Environmental Health
Scott Hobson, Hilton Farnkopf and Hobson
Lauren Mende Tacke, Recycling Coordinator
RAF:JLM/
Attachment I
RESOLUTION NO. 2006 -
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
THE AGENCY AGREEMENT FOR COUNTYWIDE AB939
IMPLEMENTATION FEE
AND THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM
FOR FY 2007 THROUGH 2009
WHEREAS, a Countywide AB 939 Implementation Fee (Fee) was
established in 1992 to assist the fifteen cities and the county unincorporated area to fund
costs of preparing, adopting, and implementing the integrated waste management plan
required by the California Integrated Waste Management Act of 1989 (AB 939) and
subsequent legislation; and
WHEREAS, pursuant to Public Resources Code Section 41901, each
jurisdiction must approve the collection of the Fee, such approval to be indicated by
execution of the Agency Agreement for Countywide AB 939 Implementation Fee; and
WHEREAS, the Town of Los Gatos wishes to approve the collection of the
Fee for FY 2007 through 2009; and
WHEREAS, the Town ofLos Gatos wishes to provide a safe, convenient, and
economical means for its residents to dispose of household hazardous wastes.
RESOLVED, the Town Manager is authorized to execute:
1. The Agency Agreement for Countywide AB 939 Implementation Fee
(Exhibit A); and
2. The Agency Agreement for Countywide Household Hazardous Waste
Collection Program (Exhibit B); and
1
Is' 1
3. Future amendments to both 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, 2006 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
N:\CSD\TCRPTS\Resolutions\AB939Fee HHWFee 2006.wpd
2
Exhibit A
AGENCY AGREEMENT FOR COUNTYWIDE
AB939 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
2006. The term CITIES may refer to CITIES 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 AB939 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 landfilled or incinerated
within the county; received at any non-disposal or collection facility located within
the County and subsequently transported for disposal or incineration outside of the
County; collected from any location within the County by a solid waste hauler
operating pursuant to a franchise, contract, license, or permit issued by any local
jurisdiction and subsequently transported for disposal or incineration outside of the
County; or removed from any location in the County by any person or business for
disposal or incineration outside the County; and
WHEREAS, state law requires jurisdictions to plan and implement household
hazardous waste (HHW) services; and
WHEREAS, 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
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007
Gml
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, fluorescent lamps, and car batteries; 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 terns 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 $3.72 per ton in FY 2007 and $3.35
per ton in FY 2008 and FY 2009 of waste to be disposed. The Fee is divided into two
parts: 1) a Program Fee of $1.50 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 $2.22 per ton in FY
2007 and $1.85 per ton in FY 2008 and FY 2009 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 Participating Jurisdictions as described in
Exhibit C. The Fee shall be imposed on each ton of waste landfilled or incinerated
within the County; received at any non-disposal or collection facility located within
the County and subsequently transported for disposal or incineration outside of the
County; collected from any location within the County by a solid waste hauler
operating pursuant to a franchise, contract, license, or permit issued by any local
jurisdiction and subsequently transported for disposal or incineration outside of the
County; or removed from any location in the County by any person or business for
disposal or incineration outside the 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 Division. 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. COUNTY will research
Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY
in significant amounts to determine the identity of the hauler. That hauler will
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007
subsequently be billed in the same fashion subject to the same penalties as mentioned
above. Collected funds and any late filing payments and delinquency penalties shall
be distributed to CITIES and Countywide HHW Program based on the formula set
forth in Exhibits B and C. 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. 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 of each of
the 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 FY 2007
I f
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 2006, and continue quarterly through
August 2009.
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, Section 3.
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
receipt of their Fee allocation. The review shall be performed within 30 days of
request and results shall be reported to CITIES in writing
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 4
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, 2006 to August 31, 2009, 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, 2007. Said landfills and non-disposal facilities will be
billed for the Fee through June 30, 2009.
16. EXTENSION OF TERM
This Agreement may be extended in three-year extensions upon written
agreement of COUNTY and all 15 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
below or at such address as the party may designate in writing in accordance
with this section.
City of
Contact:
Title:
Address:
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007
County of Santa Clara
Contact: Program Manager
Program: Integrated Waste Management Division
Address: 1735 N. First Street Suite 308
City: San Jose, CA 95112
18. CONTROLLING LAW
This Agreement shall be governed 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
parties 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.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 6
IN WITNESS WHEREOF, the parties have executed this AGENCY
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the
dates as stated below:
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
By:
James T. Beall, Jr., Chair
Board of Supervisors
Date:
ATTEST:
Phyllis A. Perez
Clerk of the Board of Supervisors
Date:
APPROVED AS TO FORM AND LEGALITY:
~I R
Kathy Kretchme Date
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
by:
Title:
Date
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007
F,
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Zanker Materials Processing Facility
Zanker Road Landfill
NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED
IN SANTA CLARA COUNTY
Butterick Enterprises Recyclery
California Waste Solutions Recycling & Transfer Station
City of Palo Alto Green Composting Facility
ComCare Farms Composting Facility
Environmental Management Systems Facility
Green Waste Recovery Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Landfill Composting Facility
Pacific Coast Recycling, Inc.
Premier Recycling Facility
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station)
Z-Best Composting Facility
Zanker Materials Processing Facility
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each jurisdiction located in Santa Clara County will receive $1.50 per ton of
solid waste disposed of in landfills or taken to non-disposal facilities located in
Santa Clara County that originates from that jurisdiction, 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 FY 2007 9
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM 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, $2.22 per ton in FY 2007
and $1.85 per ton in FY 2008 and FY 2009, collected as part of the AB939
Implementation Fee, will be the primary source of funding for CoHHW Program
services.
Funds derived from the HHW Fee will be allocated among five types of CoHHW
Program 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, "Population
Estimates for California Cities and Counties."
B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned
at nonprofit charitable reuse organizations. The existing fund balance from
previous years will fund the Abandoned Wastes Disposal Costs for fiscal years
2007 to 2009. The $.12 per household Abandoned Waste Disposal apportionment
for Fiscal Year 2007 will be redirected to the Facility Closure Cost Account. The
apportionment for Fiscal Years 2008 to 2009 will be redirected to the City
Discretionary Fund.
C. Facility Closure Costs will cover the estimated cost of closing the three County
Household Hazardous Waste Collection Facilities (CoHHWCF) when the time
comes. The $.12 per household Abandoned Waste Disposal apportionment for
Fiscal Year 2007 will be redirected to this account to satisfy Permit By Rule
requirements [California Code of Regulations, Title 22, sections 67450.25 (a) (2)
(E) and 66265.110-66265.115].
D. Variable Cost Per Car to provide a base level service to 3% of households in all
participating jurisdictions.
E. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 10
2. FIXED PROGRAM COST
Funds shall be distributed on a per household basis for Fixed Program Costs. This
portion of the funds shall be distributed directly to the Countywide HHW Program.
Fixed Program Costs funding shall be calculated at $1.68, $1.73, and $1.77 per
household for fiscal years 2007 through 2009 respectively. Fixed Program Costs may
include, but are not limited to six (6) CoHHW Program staff members, facility leasing
costs, vehicle lease costs, office rent, office supplies, county administrative overhead,
county legal counsel, program publicity, training costs, equipment and facility
maintenance, and union negotiated salary and benefit increases.
3. 'ABANDONED WASTE DISPOSAL COST
The existing unexpended abandoned waste fund balance of $210,000 will fund
disposal of HHW illegally abandoned at nonprofit charitable reuse organizations for
FY 2007 through FY 2009. The $.12 per household Abandoned Waste Disposal
apportionment for Fiscal Year 2007 will be redirected to the Facility Closure Cost
Account. This portion of the funds shall be distributed directly to the 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 apportionment for Fiscal Years 2008 to 2009 will be suspended,
and funding will be redirected to the City Discretionary Fund.
For the purposes of this agreement, the PUBLIC RESOURCES CODE SECTION
41904 defines a nonprofit charitable reuse organizations as follows: "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. FACILITY CLOSURE COST
The Facility Closure Costs are costs associated with the closing of the three HHW
facilities when the time comes and is required by Permit-by Rule Regulations. During
the first three years of the AB939 Implementation Fee for HHW services, $20,000 per
year was set aside to pay for facility closure. The current closure account has
$60,000. It is anticipated that the San Jose Facility will close in FY 2007 and will
cost approximately $50,000 leaving $10,000 in the Facility Closure Account. The
estimated cost to close the remaining two facilities, when the time comes, is $80,000
($50,000 for the Sunnyvale facility and $30,000 for the San Martin facility). The FY
2007 apportionment ($70,000) for abandoned waste disposal will be redirected to the
Facility Closure Account maintained by Countywide HHW Program to satisfy Permit-
by-Rule requirements. This portion of the funds shall be distributed directly to the
Countywide HHW Program. This would be a one-time cost from the AB939
Implementation Fee funding.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 11
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 HHW
Collection Facilities and Temporary Events. This portion of the funds shall be
distributed directly to the Countywide HHW Program. The Variable Cost Per Car is
estimated to be $76 per car for Fiscal Year 2007. The estimated cost per car will be
adjusted annually to reflect actual service costs. After fixed costs and facility closure
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, to increase
public outreach and/or provide additional services in that jurisdiction the following
year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of
waste generated within each jurisdiction and after allocation of fixed cost, facility
closure cost and variable per car cost. Available Discretionary Funds will be paid as
directed by each jurisdiction. Available 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, electronic waste collection,
universal waste collection, emergency HHW services, funding HHW public
education, or providing special programs such as door-to-door collection of HHW for
the elderly and/or persons with disabilities.
7. 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
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 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 established rates charged by the Countywide HHW Program 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
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 12
defined in Section 28 of AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as
described in Exhibit D.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 13
EXHIBIT D
SECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
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. 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 CITY for transportation, treatment or disposal in
any case where COUNTY has contracted for such services and has failed to require
the contractor to maintain the insurance requirements set forth in Section 25 above.
CITY shall further indemnify COUNTY for CITY's apportioned share 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
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 14
in the event. This percentage will then be subtracted from the total liability for the
household hazardous waste prior to assessing 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 CoHHW 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 CITY'S apportioned share
of any liability for household hazardous waste.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 15
#'i
Exhibit B
AGENCY AGREEMENT FOR COUNTYWIDE
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 2006.
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 the collection 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, car batteries, mercury thermostats, fluorescent
lamps containing mercury, household batteries, and electronic waste. Residents of
the CITY listed above will be eligible to bring household hazardous wastes to any
household hazardous waste collection event or facility 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 2007 through FY 2009 (July 1,
2006 - June 30, 2009); 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 AB939
Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public
Resources Code 41901, to be collected at $2.22 in FY 2007 and $1.85 in FY 2008
and FY 2009 on each ton of waste landfilled or incinerated within the county,
received at any non-disposal or collection facility located within the county and
subsequently transported for disposal or incineration outside of the county, collected
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
from any location within the county by a solid waste hauler operating pursuant to a
franchise, contract, license, or permit issued by any local jurisdiction and
subsequently transported for disposal or incineration outside of the county, or
removed from any location in the county by any person or business for disposal or
incineration outside the county.
NOW, THEREFORE, CITY 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 its residents. Participating jurisdictions are those
jurisdictions that enter into an AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
2. 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 AB939 HHW Fee, $2.22 per ton in FY
2007 and $1.85 per ton in FY 2008 and FY 2009, collected as part of the AGENCY
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the
primary source of funding for CoHHW Program services.
Funds derived from the AB939 HHW Fee will be allocated among five types of
CoHHW Program 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 its most recent Report, "Population
Estimates for California Cities and Counties."
B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned
at nonprofit charitable reuse organizations. The existing fund balance of $210,000
from previous years will fund Abandoned Waste Disposal Costs for Fiscal Years
2007 to 2009. The $.12 per household Abandoned Waste Disposal apportionment
for Fiscal Year 2007 will be redirected to the Facility Closure Cost Account. The
apportionment for Fiscal Years 2008 to 2009 will be redirected to the City
Discretionary Fund.
C. Facility Closure Cost Account will cover the estimated cost of closing the three
County Household Hazardous Waste Collection Facilities (CoHHWCF) when the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
time comes. The $.12 per household Abandoned Waste Disposal apportionment
for Fiscal Year 2007 will be redirected to this account to satisfy Permit By Rule
requirements [California Code of Regulations, Title 22, sections 67450.25 (a) (2)
(E) and 66265.110-66265.115].
D. Variable Cost Per Car to provide a base level service to 3% of households in all
participating jurisdictions.
E. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction.
The projected Fiscal Year 2007 AB939 HHW Fee funding allocation by jurisdiction
is set out in Attachment A.
3. FIXED PROGRAM COST
Fixed Program Costs shall be $1.68, $1.73, and $1.77 per household per jurisdiction
for Fiscal Years 2007, 2008 and 2009 respectively. Estimated HHW Fixed Costs by
Fiscal Year are projected for Fiscal Years 2007 through 2009 in Attachment B. Fixed
Program Costs may include, but are not limited to six (6) CoHHW Program staff
members, facility leasing costs, vehicle lease costs, office rent, office supplies, county
administrative overhead, county legal counsel, program publicity, training costs,
equipment and facility maintenance and union negotiated salary and benefit increases.
4. ABANDONED WASTE DISPOSAL COST
The existing unexpended non-profit abandoned waste fund balance of $210,000 will
fund the next three fiscal years (FY 2007 to 2009) of disposal of HHW illegally
abandoned at Nonprofit Charitable Reuser organizations defined in PUBLIC
RESOURCES CODE SECTION 41904. The FY 2007 apportionment ($0.12 per
household or $70,000) will be redirected to the Facility Closure Account. The $0.12
per household apportionment for Fiscal Years 2008 and 2009 ($70,000 each year)
will be suspended. Funding will be redirected to the City Discretionary Fund.
5. FACILITY CLOSURE COST
The Facility Closure Costs are costs associated with the closing of the three facilities
when the time comes and is required by Permit By Rule Regulations. During the first
three years of the AB939 Implementation Fee for HHW, $20,000 per year was set
aside to pay for facility closure. The current closure account has $60,000. It is
anticipated that the San Jose Facility will close in FY 2007 and will cost
approximately $50,000 leaving $10,000 in the Facility Closure Account. The
estimated cost to close the remaining two facilities when the time comes is $80,000
($50,000 for the Sunnyvale facility and $30,000 for the San Martin facility). The FY
2007 apportionment ($70,000) for abandoned waste disposal will be redirected to the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Facility Closure Account maintained by the Countywide HHW Program. This would
be a one-time cost from the AB939 HHW Fee funding.
6. 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 Facilities (CoHHWCF) and at Temporary Events. The
Variable Cost Per Car is estimated to be approximately $76 per car for Fiscal Year
2007. The estimated cost per car will be adjusted annually to reflect actual service
costs. After Fixed Program Costs and Facility Closure 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 in a particular jurisdiction, 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.
7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be
allocated based on the tons of waste generated within each jurisdiction, and after
allocation of Fixed Program Costs, Facility Closure Costs, and Variable Per Car
Costs. Available Discretionary Funds will be paid as directed by each jurisdiction.
Available 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 that jurisdiction by the CoHHW Program, subsidizing curbside used motor
oil collection, electronic waste (e-waste) collection, universal waste collection,
emergency HHW services, funding HHW public education, or providing special
programs such as door-to-door collection of HHW for the elderly and/or persons with
disabilities.
8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The Santa Clara County Integrated Waste Management Program (IWMP) will
administer the AB939 HHW Fee, as part of the existing landfill billing system.
Administration and payment will be made in accordance with the AGENCY
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE.
9. PROGRAM PUBLICITY
The CoHHW Program shall have responsibility for developing and coordinating
countywide awareness of HHW and Oil Recycling Programs. CoHHW Program
public awareness responsibilities shall include, but not be limited to the following
activities:
• Serving as the formal contact to the major media.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4
• 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.
• Providing participating jurisdictions opportunities to review and comment
on the development of countywide outreach materials.
• Public education material distribution.
CITY public awareness responsibilities, at the sole discretion of the CITY, shall
include, but not be limited to the following activities:
• Providing a copy of HHW 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 CoHHW Program with a copy of locally produced
materials.
• Conducting supporting outreach and publicity to attain the 3% goal of
household participation.
10. DELEGATION OF AUTHORITY
The Board of. Supervisors delegates all CoHHW Program management to the
Department of Agriculture and Environmental Management. The Director of the
Department of Agriculture and Environmental Management 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 and the
Office of the County Executive.
11. TEMPORARY HHW EVENTS
COUNTY shall conduct HHW Events at various sites located in Santa Clara County.
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.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
12. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at three County Household Hazardous
Waste Collection Facilities (CoHHWCF). 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 current San Jose
facility is expected to close in December, 2006, however a new facility is expected to
be ready to provide a seamless transition to a new location.
The CoHHWCFs are located at:
♦ Sunnyvale Recycling Center, 164 Carl Road, Sunnyvale
♦ 13055 Murphy Avenue, San Martin
♦ 1600 S. 160 Street, San Jose
13. SMALL BUSINESS RECYCLING AND 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 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. The Santa Clara County CESQG Drop-off Price List is subject to change at the
discretion of County to reflect increases or decreases in CoHHW Program costs.
14. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government
agencies and nonprofit charitable reusers. Abandoned HHW means a HEW 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 HHW
according to the CoHHW Program's published rates for conditionally exempt small
quantity generators (CESQGs).
15. NONPROFIT CHARITABLE REUSER
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6
to-Door HHW Collection, Used Oil Filter Collection, Universal Waste Collection,
Electronic Waste Collection, and Abandoned Waste Collection.
CITY agrees to augment up to an additional $ 3 9, 0 0 0 to the Countywide HHW
Program during Fiscal Year 2007 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 $76.00 per car. Fiscal Years 2008 and 2009 funding augmentations shall be agreed
upon in writing by the Director of the Department of Agriculture and Environmental
Management and the designated CITY representative. Other services will be charged
on a cost recovery basis.
At the end of each fiscal year, a final annual cost statement shall be prepared by
COUNTY and issued to CITY by November 30th. The annual cost statement will
take into consideration costs incurred on behalf of CITY for additional services and
all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it
will be due within 30 days following receipt of the annual cost statement. If any
credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days
following delivery of the annual cost statement.
19. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment 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 Temporary HHW Events and CoHHWCF and provide
information about hazardous household materials. CITY will be notified when
indicated resident participation approaches the 3% base level of service.
20. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and
collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and
securing sites for Temporary HHW Events. It is recognized that some of the
jurisdictions participating in the CoHHW Program may not have appropriate sites
available. A proposed HHW schedule for Fiscal Year 2007 of Temporary Events and
collections at CoHHWCF is included as Attachment C. COUNTY will schedule an
adequate number of collection days to serve the 3% level of service in each
participating jurisdiction.
21. 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
COUNTY's discretion, proceed with development of additional programs without
affecting CITY's available funding allocation.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
A Nonprofit Charitable Reuser organization, is a nonprofit as defined in Section 501
(c) (3) of the United States 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 than 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 HHW from Nonprofit
Charitable Reusers and will waive disposal fees on the cost of disposal of the
abandoned HHW in an annual amount not to exceed funds available from the
Abandoned Waste Disposal Cost funding generated by the AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE (Fee). Funding for
disposal available to Nonprofit Charitable Reuser shall be on a first come first serve
basis. Once the cost for disposal of the abandoned HHW 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 HHW according to the CoHHW Program's
published rates for CESQGs. No additional costs shall be applied to the budget of a
participating jurisdiction.
16. 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, mercury thermostats,
fluorescent lamps containing mercury, household batteries, and other common
hazardous consumer products.
17. 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
Program are wastes generated as part of operating a business, including a home
operated business, except that waste from CESQGs as provided for in Section 13
above shall be accepted.
18. ADDITIONAL SERVICES UNDER THIS AGREEMENT
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 Agriculture
and Environmental Management. Additional services may include, but are not
limited to, additional appointments (charged at the variable cost per car rate), Door-
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
22. 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 on 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.
23. 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 sets out 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 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 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
Substances Control, and handle wastes in accordance with State law. 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.
24. 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 28 of this agreement. Summary information
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
concerning these corporate sponsored events will be included in the CoHHW
Program's annual report to the participating jurisdictions.
25. INSURANCE CERTIFICATES
Contractors who 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 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 CITY, its officers and employees as additional
insured.
26. WASTE TRACKING AND REPORTING
Within 30 days following the end of the 2nd quarter, COUNTY will provide a mid-
year report to CITY regarding participation rates from each participating jurisdiction.
Mid-year 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 services. COUNTY will
prepare a report summarizing program activities which will be delivered to the
participating jurisdictions no later than six months after the end of 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 28.
COUNTY shall take steps to assure that the bi-annual statements to jurisdictions
reflect the funds necessary to cover costs for CITY participation in services scheduled
during the next quarter. COUNTY will make every effort to keep the Variable Cost
Per Car at approximately $76.
27. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10
28. 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. 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 CITY for transportation, treatment or disposal in
any case where COUNTY has contracted for such services and has failed to require
the contractor to maintain the insurance requirements set forth in Section 25 above.
CITY shall further indemnify COUNTY for CITY's apportioned share 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 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
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11
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 CoHHW 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 CITY's apportioned share
of any liability for household hazardous waste.
29. TERMINATION
This Agreement may be terminated by any party upon one-year (365 days) written
notice given by July 1St. The termination will be effective June 30th the following
year.
30. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2006, to June 30, 2009, or until all
revenue from the last quarter's Fee payments has been distributed, whichever is later.
31. EXTENSION OF TERM
This Agreement may be extended for succeeding three-year terms if COUNTY and
participating jurisdictions so agree in writing.
32. 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.
33. 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.
34. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12
35. 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.
36. 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 Greg Van Wassenhove, Director
Department of Agriculture and Environmental Management
1553 Berger Drive
San Jose, CA 95112
Attachments:
A Projected AB939 HHW Fee Fiscal Year 2007
B Estimated HHW Program Fixed Costs by Fiscal Year
C HHW Schedule for Fiscal Year 2007
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 13
~
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:
James T. Beall, Jr., Chair
Board of Supervisors
Date:
ATTEST:
Phyllis A. Perez
Clerk of the Board of Supervisors
APPROVED AS TO FORM- AND LEGALITY:
Kathy Kretchme Date MAP 2 0 2001S
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
by:
Title:
Date
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 14
t_
0
O
N
L
R
01
iC
V
N
M
4)
43
U.
2
M
m
Q
.O
C)
d
O
a
r-
0
Q o
_ N
C ~
d
t3 V
N
Q LL
CO
ti
(O
(O
T
r
,
U)
0
W
ct
N
'I
Cl
l-
C
i`
to
I
0
M
00
00
0
CO
-I
co
W
0
0
M
W
U
)
m
N
h
N
It
O
fl-
T
m
h-
m
"t
O
O
N
N
~t
tC)
m
O'O
d
CO
r
N
T-
-
00
N
"
~
0
T,-
CD
C(
W
%
0
V>
CD
=
r
<s
CO
E9
W
r
ti
Efl
N
V
~ 3
EJ~
ffl
E~3
H~?
Efl
~
~
~
v LL
~
~
6
9
T
IT
T
M
I.-
O
C)
F*-
W
0
r-
Cl
tn
T
0
W
Q
>J
N
1--
4
W
N
W
0
4
iZ-
h
EA
0
0
O
0
m
m
co p
Lq
al
ck
t
(A
CD
N
OO
Cn
to
-1:
I~
T
N
OO
N
C)
rt
N
4
w
w
r
N
ti
tr)
.co
U)
"
r
r
V1 8
M
~
M
N
Cf3
N
zr
64
N
1--
00
0
N
N
I--
N
0
60
EA
EA
En
VD.
vT
vi
u!)
w
fA
0%
T
Ef3
T
>
,
co
W
40
LO
1-
0
co
~
O
e-
O
CO
CO
d
1`
T
N
t~
W
o0
00)
CO
O
1`
to
LO
1`
CD
O
N
M
co
Mt
N N
~
M
CO
N
M
M
T
It
M
co
0
07
U)
Il-
tn
-
O r 2
T
C4
-
r
W,
:
C
U-1
C
Ui
tA
r
CO
M
CD
V
E~
fi)
EA
Cf3
WR
619
69
dT
MM
K-}
Efl
to
e%
W
N O:
_ 0
U.
T
CO
T
O
M
M
O
W
LO
-
M
~t
M
M
O
N
N
tn
M
T
N
d7
M
0
O
r
•
00
U)
N
O
N
co
CC
G=
CO
T
CD
O
O
T
I}•
O
C
M
CD
r
M
"t
LD
0
LO
V 00
1'
'i
'i
C
tp
T
O
N
6
,6
C i
C6
-
C4
M
tD
N
cM
N
T
EA
N
C•M
601
N
tn
O
1`
T
O
LO
1`
IV
Efl
ca
ff3
fa
Ef3
Ef3
f!3
b4
ff)
&4
Cfl
'
K tH
i7L
O
T
CD
O
T
d
M
CO
M
0
0
N
1,-
(0
M
d
N
O
O
1~
tn
'
1`
~S•
M
ti
CD
W
't
tf)
M
0
T
[A
N
l-
tn
(0
)
U
CO
O
I-
cM
CO
-
N
CD
O
O
CD
C
N
CD
O
tn
O
N
N
N
N
O
-
0
00
CO
C6
IJ
= d C~
00
00
r
"t
T
(D
tt)
fl3
fl-
N
tfS
a)
d)
M
r
N
r-
_ N
69
Ef?
T
Efl
69
K3
69
_
-
'It
04
~
04
~
CD
Q ~
~
6
E
tT
U9,
~
w
w.~
,
~t
i`
lp
"It
"I:
M
U)
N
M
V,
d;
T
CO
T
d,
r
O
T
N
CO
T
"T
0)
1`
0O
't
V)
LO
C'M
00
~t
Cl)
U.
0
N
M
U,)
O
T
ti
to
r
"T
U7
M
T
n.
N
00
r
0
0
0)
N
M
M
T
0
0
M
M
W
0
0
0\I
"
0O
M 9!
0
T
ti
CD
1`
N
t~
N
d
~
ti
1-
C%)
0
m
t
V);
p)
(fl
d)
M
f
O
d'
06
06
M
Ldr
U)
CO
f
M
1-:
(7)
L
U)
6
m
O
m
M
t
)
N
N
CD
~
T
r
L
Ct
N
N
N
r
1`
M
ti
M
T
1l-
O
d'
•
tn
N
0)
C)
N
04
0)
fl-
114,
M
D
O
'
W
l-
M
C
M
•
0
d-
tn
d
M
M
tn
M
O
C3)
N
M
W
0)
m
T
i
CO
T
r
tom.
.
Cl)
r
H
0)
'T
'I
T
u)
rn
LO
O
N
o0
N
T
d
'
0)
W
1`
LO
'a
U)
-
N
LO
CO
CO
-
O
't
O
It
N
,
O
U
)
O
I-_
O
M
o U
t
l~
O
l~
C=
tL
N
0
T
U
)
al
rT
0
g
to
CD
L- O 0
W
0)
It
0
M
N
00
T
N
CM
1l
00
N
T
,47
r
N
T
T
T
T
T
T
T
M
N
d'
T
LO
M
:
N
Q.
E
~
Z
o
o
w
o
0
c
-
o
0
co
`
cv
0
0
y
c
o
~
~
=
o
=
LD
(
n
c
o
o
m
>
~
f
E
o
U
Q
N
_
_
o
c
m
>
<a
o
c
U
-
c
`
o
0
F-
v
U
:3
U
cn
0
_I
_o
Q
U)
o
~
cn
L
O
co
O-
cu
!n
~
co
c
O
0
10
'C7
C
c
:3
CO
0
cG
C
+
D
c
O
O
U
00 It O O O O O O O O O O O O M
crn t- 0 O O O d- 0 0 0 0 0 0 Oll
O~ ~t M 'I O \O W C -T vi O O 66
MI '_1
p0 69 69 N 69 69 N N N
N 69 6/3 69 E/4 69 69 69 69 bN9 O
~-1
0 0 0 0 0 0 0 0 0 0 .O O O O O
\O ~r 0 0 0 0 0 0 0 0 0 0 0 0 0
L M M 0 0 0 0 "t 0 0 0 0 0 0 0
cu O 4, O, Nkr O O O O C; N
N oo N 6A 69 N N N •-y N 6A o
~ N ~ 69 69 69 69 69 69 69 C
69 69 _
U
C) 0 0 0 0 0 0 0 0 0 0 0 o O o
O o 0 0 0 0 0 0 0 0 0 0 0 o c
Oo0o0olt000oo0orr
m C oo t~ ~t O~ k N t 116 O C] O M Is
p 69 69 N 69 69 - N N - N fi3
N 69 69 69 69 69 69 6R 69
Q
U
a3
x
~ U-)LO
U
_ .1Q w
w u' o
• t- Lo
cu ~n U- co
E cn w co
L
W = :3 05 CD
= IL Q.
E- h C14
= LL lL N co 6F?
7
C
C r
Z O
CA > v 7
° 0
F- 0
0 o ,
d U (D r
X Q. U v
_ cd ° O O S~. V U ai O cr3
LL- v~
a
UU 30C/) >C)
ATTACHMENT C HHW SCHEDULE FOR FISCAL YEAR 2006/2007
2006/Month
Day
Date
Location
Type o vent
County Holidays/ Notes
July
Saturday
1
NO EVENT
NO EVENT
FOURTH OF JULY
Friday
7
SAN JOSE
PERMANENT
Saturday
8
SAN JOSE
PERMANENT
Saturday
15
SUNNYVALE
PERMANENT
Saturday
22
NO EVENT
NO EVENT
Friday
28
SAN JOSE
PERMANENT
Saturday
29
SAN JOSE
PERMANENT
August
Friday
4
SAN MARTIN
PERMANENT
Saturday
5
SAN MARTIN
PERMANENT
Friday
11
SAN JOSE
PERMANENT
Saturday
12
SAN JOSE
PERMANENT
Saturday
19
SUNNYVALE
PERMANENT
Saturday
26
CUPERTINO
TEMPORARY
September
Saturday
2
NO EVENT
NO EVENT
SEPT 41LABOR DAY
Friday
8
SAN JOSE
PERMANENT
Saturday
9
SAN JOSE
PERMANENT
Saturday
16
SUNNYVALE
PERMANENT
Saturday
23
SANTA CLARA
TEMPORARY
Friday
29
SAN JOSE
PERMANENT
Saturday
30
SAN JOSE
PERMANENT
October
Friday
6
SAN MARTIN
PERMANENT
Saturday
7
SAN MARTIN
PERMANENT
Friday
13
SAN JOSE
PERMANENT
Saturday
14
SAN JOSE
PERMANENT
Saturday
21
SUNNYVALE
PERMANENT
Friday
27
SAN JOSE
PERMANENT
Saturday
28
SAN JOSE
PERMANENT
November
Friday
3
SAN JOSE
PERMANENT
Saturday
4
SAN JOSE
PERMANENT
Saturday
11
NO EVENT
NO EVENT
NOV 10/VETERANS DAY
Saturday
18
SUNNYVALE
PERMANENT
Saturday
25
NO EVENT
NO EVENT
23 & 241THANKSGIVING
December
Friday
1
SAN MARTIN
PERMANENT
Saturday
2
SAN MARTIN
PERMANENT
Friday
8
SAN JOSE
PERMANENT
Saturday
9
SAN JOSE
PERMANENT
Friday
15
SAN JOSE
PERMANENT
Saturday
16
SAN JOSE
PERMANENT
Saturday
23
NO EVENT
NO EVENT
DEC 25/CHRISTMAS
Saturday
30
NO EVENT
NO EVENT
JAN 1/NEW YEARS
2007/Jan
Friday
5
SAN MARTIN
PERMANENT
Saturday
6
SAN MARTIN
PERMANENT
Friday
12
SAN JOSE
PERMANENT
Saturday
13
SAN JOSE
PERMANENT
Saturday
20
SUNNYVALE
I
PERMANENT
Saturday
27
NO EVENT
NO EVENT
HHW SCHEDULE FOR FISCAL YEAR 2006/2007-continued
2007/Month
Day
Date
Location
Type of Event
County Holidays/ Notes
February
Friday
2
SAN MARTIN
PERMANENT
Saturday
3
SAN MARTIN
PERMANENT
Friday
9
SAN JOSE
PERMANENT
Saturday
10
SAN JOSE
PERMANENT
Saturday
17
SUNNYVALE
PERMANENT
Friday
23
SAN JOSE
PERMANENT
Saturday
24
SAN JOSE
PERMANENT
March
Friday
2
SAN MARTIN
PERMANENT
Saturday
3
SAN MARTIN
PERMANENT
Friday
9
SAN JOSE
PERMANENT
Saturday
10
SAN JOSE
PERMANENT
Saturday
17
SUNNYVALE
PERMANENT
MOUNTAIN VIEW
Friday
23
SAN JOSE
PERMANENT
Saturday
24
SAN JOSE
PERMANENT
Saturday
31
NO EVENT
NO EVENT
CAESAR CHAVEZ DAY
April
Friday
6
SAN MARTIN
PERMANENT
Saturday
7
SAN MARTIN
PERMANENT
Saturday
14
LOS ALTOS
TEMPORARY
Saturday
21
SUNNYVALE
PERMANENT
Saturday
28
SANTA CLARA
TEMPORARY
May
Friday
4
SAN MARTIN
PERMANENT
Saturday
5
SAN MARTIN
PERMANENT
Friday
11
SAN JOSE
PERMANENT
Saturday
12
SAN JOSE
PERMANENT
Saturday
19
SUNNYVALE
PERMANENT
Saturday
26
NO EVENT
NO EVENT
MAY 28/MEMORIAL DAY
June
Friday
1
SAN MARTIN
PERMANENT
Saturday
2
SAN MARTIN
PERMANENT
Friday
8
SAN JOSE
PERMANENT
Saturday
9
SAN JOSE
PERMANENT
Saturda
16
SUNNYVALE
PERMANENT
Saturda
23
MILPITAS
TEMPORARY
*SUBJECT TO CHANGE Revised 121812005
F-
I
w
d
LL
LL
O
CL
a
U)
W
U
D
0
J
Q
F-
U)
C
E
V
.wi
Q
•
w
w
u-
a
o
cc)
tM
613
=
Q
0
0
0*
69
m
0
two
W,
69.
m
o
LM
W*
E9
Q
d
6R
J
Q
C9
O
69
~
o
CO C)
69
_z
W
Q
Z
O
F-
Q
d
N
69
Q
0
I
O
Ef}
W W W
z_ Z_ Z
Q Q Q
Z Z Z
O 00
F- J _I
Q Q
Q O O
a
O O
N - 0
69 69 b!
w
?
Q
Z
OU
F-
Q
a
-
N
69
w W
Z Z
Q Q
Z Z
00
J _I
Q¢
0 0
O O
- u)
69 69
W
Z_
Q
Z
0
.J
Q
0
~
0
69
w
Z<
J
Q
0
LO
~
N
69
O
Q
O m
5 o
d
J m
6%
o
- O
69 ,n
N
d
co
r Lo
W
u-
Z
Z
=
+
~
N
O
69
W
N
~
J
Z>
m
O
,
64
)
a'
Q
>
W
W
n-
O
a
W
W
(A
o
O
4
64
=
0
O
~t
(091
z
(L
U)
(n
it
J
w
Q
O
w
O
Z
F
Z
O
~
Q
LL
(
>
Y
Q
z
~
U
U)
W
(
9
cn
W
J.
F-.
J
=
Q
U
0
J
U
D
CO
Q
Q
u
Q
0
W
a'
W
z
R
F-
<
ir
W
W
'
Q
-
F
a
0
O
W
J
J
Q
n
Q
}
Q
Q
w
Z
0
J
C
Q
>
-
Q
of
a
F-
W
0
m
X
Q
Q
w
w
J
0
J
2
(n
C)
Q
J
<
C9
w
LL
o
CL
w
u-
O
w
J
~w--
_
Q
O
OO
W
z
z
w
Fn
a
O
Q
w
U)
p
w
J
X
=
Q
W
:E
X
Fw-
W
z
D
ui
a
J
O
U)
W
O
A
-
m
w
O
W
O
z
o
0
a
Q
(6
U
¢
z
_
p
Q
c9
M
a
w
J
_
2
Q
a
uS
1
0
0
z
_
~
o
a
O
w
O
w
O
z
O
~
w
Q
U
<
=
LL
O
w
>
0
F-
W
g
z
O
O
W
(n
0
U
Z
X
m
(
O
O
m
W
w
O
_z
J
o
z
z
Q
U
v
w
(A
O
m
m
u-
0
m
U
a'
m
U
J
•
_
z
z
CL
~
0
cn
J
0
J
Q
W
J
a
0
ux
0
O
0
°
w°
-
O
Q
C7
U
Q
0
U
Q
Q
N
•
Z
0
c9
U
U
0
(n
O
z
Z
H
O
0
Q
=
W
o
a
Q
°
o
w
-i
Fn
~
o
=
Q
o
W
~
v
U
w
O
=
Z
U
U
0
W
U
U
-
Q
Q
Z
Q
J
U
W
W
z
w
.
(N
n
o
w
<
a
U)
z
~O
-
0
>
g
~
z
:2
Q
~
U
Q
0
a
Q
i
o
w
D
a
Z
W
W
a
w
Q
u
W
.
z
U
cn
U)
g
u
C9
Z
W
C')
O
W
0
Q
a
Q
C
u
C9
w
m
W
N
o
W
=
W
Q
U)
(n
w
0
w
W
M
O
_
~
a
0
m
w
g
a
Y
~
W
o
z
W
LL
a
E-
~
w
W
U)
Z
O
0
0
Cy
W
F-
F-
z
X
O
0
W
X
J
=
O
0
W
2
Z
-
{
u3
X
}
w
U
J
u
Q
m
W
Q
J
0
LLJ
F-
z
J
Q
Q
U
2
U
¢
U
W
O
W
w
0
J
-
F-
0
Q
z
W
0
C9
O
U
Q
=
LL
O
W
~
J
J
Z
w
a
w
w
0
W
m
Q
O
U
W
W
U
Z
W
J
U
Q,
W
=
l
m
0
m
w
a
m
=
?
>
Z
w
W
F-
Q
U)
Z
Z
W
>
Q
y
O
-
m
W
0
w
0
W
m
ta-
W
a
U
°
w
p
F-
a
W
U
W
~
'
'
-
Y
m
O
<
o
z
Q
U
X
w
O
w
O
=
_
O
O
O
J
O
-J
a
Q
O
a
J
af
Q
Z
O
Q
U
m
Q
a
y
a
On
o
U
Q
z
U
c9
U
LL
LL
m
U
a
LL
EL
W
J
U
J
0,
O
D
J
00
F-
: D
J n
X
W
F-
U
0 O
0 J
O
J C() U
U
Y
U
a
w
w
0
m
n
o>
rn
N
GO
0
J
Q
v
U)
Z
O
F -
CO
w
D
0
0
LL
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 describes the services the County can provide and the responsibilities
of each party for the collection of household hazardous wastes (HHW) in response to an
emergency as defined by the local jurisdiction.
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
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
three 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 three permitted HHW collection facilities for the
collection and storage of HHW. The current San Jose facility is expected to close in
December 2006; however, a new facility is expected to be ready to provide a seamless
transition to a new location. 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 CoHHWCF.
The CoHHWCF are located at:
Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale
San Martin, 13055 Murphy Ave, San Martin
San Jose, 1600 S. 10th St., San Jose
6. Costs, Documentation and Reimbursements
Cities will be billed on a cost recovery basis. 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
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.
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.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
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
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Department of Environmental Health
Household Hazardous Waste Program
Rob D'Arcy
Hazardous Materials Program Manager
408-918-1967
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.
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