HomeMy WebLinkAboutRES NO 41-94RESO . ZO MO. 4 ! ' 9 4
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD REQUESTING THE STATE WATER
RESOURCES CO~'£KOL~OARDA~END SUBTITLE D
POLICY FOR THE REGULATION OF DISC~RGES OF
MUNICIPAL SOLID WASTE
WHEREAS, the State Water Resources Control Board has adopted
the policy for regulation of discharges of municipal solid waste
which sets minimum construction standards for California
landfills as required by subtitle D of the Federal Resource
Conservation and Recovery Act; and
WHEREAS, the City Council recognizes the need to insure
groundwater quality, however, the uniform landfill liner design
called for in the State Water Resources Control Board policy will
result in large and needless added expenses, and will deliver
minimal additional protection; and
WHEREAS, the State Water Resources Control Board's landfill
liner policy far exceeds the federal standard by requiring a
single design of compacted clay and plastic liner for all
landfills in California, thereby causing landfill owners in dry
parts of the state, such as Kern County, to comply with rules
designed to protect areas with heavy rainfall and high water
tables; and
WHEREAS, the additional high cost of landfill construction
could be avoided through a site-specific design which satisfies
federal subtitle D standards; and
WHEREAS, the United States Environmental Protection Agency
published subtitle D regulations encouraging states to allow
flexibility in the design of landfill liners where climate and
hydrogeological conditions warrant; and
WHEREAS, the governor of the State of California has
requested the State Water Resources Control Board maintain the
maximum flexibility allowed by Environmental Protection Agency
regulations in administering federal subtitle D standards; and
WHEREAS, the State Water Resources Control Board's subtitle
D policy will force landfill operators to incur significant and
burdensome added costs stemming from the over-design of landfill
liners; and
WHEREAS, these unnecessary added costs will require sharp
and unnecessary increases in solid waste fees paid by residences
and businesses located within the City of Bakersfield;
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Council of the
City of Bakersfield as follows:
1. The Council calls upon the State Water Resources
Control Board to amend its policy for regulation of discharges of
municipal solid waste to conform its policy and the resulting
regulations to the standard established by the United States
Environmental Protection Agency.
2. The Council calls upon the elected representatives of
this area to introduce legislation in the California Legislature
to achieve the same purpose if the State Water Resources Control
Board refuses to amend its subtitle D policy.
3. The Council Calls upon the League of California Cities,
at its earliest opportunity, to support the amendment of the
State Water Resources Control Board's subtitle D policy to
conform with federal standards.
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OR,L'.
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on APR 0 § ~0~ , by the
following vote:
AYES: COUNCILMEMBERS McDERMO_-F[, EDWARDS, DeMOND, SMITH, BRUNNI, ROWLES, SALVAGGIO
NOES: COUNCiLMEMBERS
ABSTAIN: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED APR 0 6 199~,
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
JUDY K. SKOUSEN
Acting City Attorney
Assis~r~ht Ci~ttorney
City of Bakersfield
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