HomeMy WebLinkAboutRES NO 050-06
RESOLUTION NO. 050-06
A RESOLUTION AUTHORIZING SUBMITTAL OF WASTE
TIRE ENFORCEMENT GRANT APPLICATION
WHEREAS, funds are allocated and available from the California
Integrated Waste Management Board for grants to solid waste Local Enforcement
Agencies (LEA) and cities and counties with regulatory authority within the city and
county government to perform enforcemenUcompliance and/or surveillance activities at
waste tire facilities; and
WHEREAS, the California Integrated Waste Management Board has
been delegated the responsibility for the administration of the program within the state,
setting up necessary procedures governing application by cities and counties under the
program; and
WHEREAS, the applicant demonstrates it has sufficient staff resources,
technical expertise, and/or experience with similar projects to carry out the proposed
program; and
WHEREAS, the applicant will enter into an agreement with the State of
California for implementation of a waste tire enforcement program;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Bakersfield: Authorizes the submittal of an application to the California Integrated
Waste Management Board for a Waste Tire Enforcement Grant for a period of one (1)
year, 2005 -2006.
BE IT FURTHER RESOLVED that the City Manaqer, or their designee, is
hereby authorized and empowered to execute in the name of the City of Bakersfield all
necessary applications, contracts, payment requests, agreements, and amendments
hereto for the purposes of securing grant funds and to implement and carry out the
purposes specified in the application.
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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 rFB 2 2 7006 , by the
following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH. CARSON. BENHAM. MAGGARD. HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio CI rk of the
Council of the City of Bakersfield
APPROVED
FES 22 2006
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
CITY ATTORNEY
BY: IflÁ J. JiM-
ALLEN SHAW
Deputy City Attorney II
January 30, 2006
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EXHIBIT "A"
PROGRAM APPLICATION
WASTE TIRE ENFORCEMENT GRANT PROGRAM
APPLICANT: City of Bakersfield
The City of Bakersfield's Code Enforcement section has worked with the California
Integrated Waste Management Board (CIWMB) investigating the illegal hauling,
dumping and storage of waste tires in our jurisdiction. As a result of these efforts, State
administrative action has been taken against businesses. Criminal action has also been
sought against four individuals who posed as licensed haulers. We have also worked
with IWMS Facilities Operations Branch, Waste Tire Section, Permitting and
Enforcement Division, under previous grants, identified and abated legacy sites and
removed illegally dumped tires from several locations throughout Bakersfield and
restored the areas back to their original state.
These cooperative efforts with the CIWMB only represent a sample of the City of
Bakersfield's successful commitment to waste tire enforcement activities. The Waste
Tire Management System database currently shows five hundred thirty (530) businesses
within our jurisdiction which deal with tires. Funding from the grant would provide the
City of Bakersfield resources to inspect and enforce compliance and maintain
surveillance activities of these tire waste facilities and sites.
The City of Bakersfield's Code Enforcement section is responsible for abating public
nuisances including weed abatement, illegal dumping, and demolishing dangerous
buildings. Throughout the fiscal year, Code Enforcement cleans and abates properties to
mitigate threats to health and safety. Typically, this includes boarding up dangerous
buildings and cleaning lots of weeds, tires and debris. We actively pursue property
owners and hold them financially responsible for compliance through liens and our cost
recovery system. Code Enforcement section personnel are highly trained and
experienced in building, health and safety codes, and State and local regulations related
to abatement of public nuisances including waste tires.
Code Enforcement has received positive local media attention regarding our efforts to
abate waste tires on private property. The combination of heightened public awareness
and increased enforcement activities by the City has prompted the Code Enforcement
section to prepare a work program focused on waste tire abatement. The work program
shall comply with all grant requirements of the fiscal year 2006 - 2007 (12th cycle).
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Code Enforcement's experience indicates that there is a continued need in that Waste
Tire Facilities (WTF's) may not be completely aware of their responsibilities to comply
under the Tire Recycling Act. By utilizing the CIWMB program to educate waste tire
generators, document waste tire storage sites and document the disposal methods. Our
goal would be to reduce illegal dumping and initiate enforcement action against WTF's
that are not in compliance.
OBJECTIVES:
To implement an inspection and compliance program that:
I. Educates waste tire generators within our jurisdiction on their responsibilities to
comply with applicable laws;
2. Surveys Waste Tire Facilities and confinns that generators are using authorized
waste tire haulers, properly maintaining manifests; and fulfilling the WTF
requirements;
3. Identifies and reports sites that may be in violation ofWTF storage standards;
4. Initiates enforcement action against facilities that are in non-compliance by
issuing a letter of Violation (LOY) and requiring a Corrective Action Plan (CAP);
5. Refers facilities that continue to be in non-compliance after the LOY and CAP
process to the Board's Facilities Operations Branch, Tire Enforcement Agency
Pennitting and Enforcement Section;
6. Identify and investigate existing sites where waste tires have been illegally
dumped; and
7. Obtains and submits the necessary infonnation required for monthly reporting to
the State's California Integrated Waste Management Board.
METHODOLOGY:
The activities described below are an effective way to address the City of Bakersfield's
need to educate tire dealers and auto dismantlers of their responsibilities and reduce the
illegal disposal of waste tires. The program will be comprehensive, infonnative and
allows for enforcement action when necessary. It provides for correcting of waste
handling problems, reducing long-tenn disposal problems, identifying illegal waste tire
haulers and encouraging compliance.
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The grant will fund staff time directly related to development, implementation and
monitoring of the program outlined below until June 2007. [n addition to requesting
funding for enforcement staff, funding for a Clerk Typist to set up and maintain files,
prepare correspondence and reports, and assist with submitting monthly reports to the
State is also included.
The investigative portion of the grant involves identifying properties with illegally
dumped tires. This will assist the State in verifying illegal waste tire generators and
haulers and deter future non-compliance and illegal dumping. It will provide both the
City of Bakersfield and the State of California with information regarding violators that
could result in criminal or administrative action against them. The benefits of this aspect
of the grant would be the reduction of waste tires dumped illegally on private property
throughout our jurisdiction and in some cases through out the State.
Additionally, The City's involvement in the program will provide us with a visible and
active enforcement role that will result in benefits after this grant proposal is completed.
The City of Bakersfield intends to continue waste tire enforcement activities after the
grant period and report violators to the Board's Facilities Operations Branch, Tire and
Enforcement Agency Permitting and Enforcement Section.
EDUCATION AND AWARENESS
The educational portion of the program will include informing Waste Tire Facilities of
their responsibilities through advertising, developing and distributing an educational
program brochure, contacting WTF's with an introductory letter about the program, and
following up with the WTF's during the on-site survey.
· Developing an educational brochure that includes information about the
program and the WTF's responsibilities to conform to the law, and contact
numbers. The handout will be the C[WMB's Waste Tire Enforcement
Program handout updated to include material about the City of Bakersfield.
. Contacting WTF's by an introductory letter outlining the City's
implementation of the program. The educational brochure will be included.
The initial mailing list will be generated from the local phone book, the
Bakersfield Pac Bell Smart Yellow Pages. Additional WTF's will be added as
other sources identify them.
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ON SITE SURVEY/INSPECTION
The surveying aspect of the program will include conducting on-site visits to tire dealers
and auto dismantlers who accept or store waste tires on-site. As part of the on-site visit,
staff will inspect the facilities and verify the facilities meet the required storage standards.
· Follow-up contact made during the on-site survey with the WTF's will
include reinforcing the WTF's responsibilities and providing the
educational brochure. Waste Tire Facilities will be strongly encouraged to
voluntarily comply.
· The usage of registered waste tire haulers and the use of waste tire
manifests will be confinned.
· Review manifests confinning that the haulers are registered and fulfilling
the Waste Tire Hauler Requirements.
· Identifying and reporting sites that may be in violation of Waste Tire
Facility requirements will include inspecting the facilities during the on-
site survey.
· Inspection will detennine that the WTF's storage standards confonn to
State law regarding Fire Prevention Measures, Facility Access and
Security, Vector Control Measures, and the Storage of Waste Tires.
ENFORCEMENT
Enforcement action initiated against Facilities found to be in non-compliance will include
a Letter of Violation (LüV) and a requirement to submit a Corrective Action Plan (CAP)
to the City of Bakersfield, Code Enforcement section within 30 days of notice.
· List and advise the tire dealer or auto dismantler of the outstanding
violations in the LOV.
· Require the tire dealer or auto dismantler to submit to the City of
Bakersfield a CAP indicating how they intend to comply with the local
and state regulations for management of waste tires.
· Failure of tire dealers or auto dismantlers to submit a CAP indicating how
they intend to comply with the local and state regulations for management
of waste tires within the 30-day period will be issued a Warning Letter
allowing an additional two weeks to submit the required CAP.
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Continued non-compliance by facilities after receiving an LOV followed by a Warning
Letter will result in the facility being referred to the California Integrated Waste
Management Board's Facilities Operations Branch, Tire and Enforcement Agency
Pennitting and Enforcement Section.
INVESTIGATION:
Identifying and investigating existing sites where waste tires have been illegally dumped
will involve:
· Legally identifying the property location and researching the owner
through tax rolls.
. Notifying and educating the property owner in letter fonn of the
violations, and their obligations to comply.
. Investigating the waste tires illegally dumped for any evidence indicating
the identity of the waste tire generator.
· Seek criminal action against waste tire generator and! or illegal waste tire
hauler.
· Refer violators to the California Integrated Waste Management Board for
administrative action.
REPORTING:
Finally, obtaining the necessary infonnation for the State will involve surveying tire
dealers and auto dismantlers that accept or store waste tires on site and forwarding data to
the State on a timely basis.
· During the on-site visit, tire dealers and auto dismantlers will receive the
educational hand out material that will notify and reinforce their
responsibility to use a registered waste tire hauler for waste tire removal
and to maintain proper waste tire manifests.
· Tire dealers and auto dismantlers not complying with hauler/manifest
requirements or in violation ofWTF pennit requirements will be identified
and reported to the California Integrated Waste Management Board's
Facilities Operations Branch, Tire and Enforcement Agency Pennitting
and Enforcement Section.
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· Infonnation gathered during the on-site visit will include the business
name and address, the name of the waste tire hauler, whether or not the
manifests are being properly maintained, and the quantity of waste tires
stored on-site. As required in the grant agreement, this data will be
reported to the California Integrated Waste Management Board's tire
enforcement staff on a monthly basis.
EVALUATION:
As the program is implemented, staff will monitor the processes described in the
Methodology section and make adjustments as required to improve efficiency and
effectiveness. Staff assigned to the program will meet regularly with the Chief Code
Enforcement Officer and apprise him of the program's progress. Any changes to the
methods or process described in the grant proposal must be approved by the City of
Bakersfield's Development Services Director at the request of the Chief Code
Enforcement Officer. Any modifications or changes made will be noted and included in
an Evaluation Report (ER).
An Evaluation Report prepared by the Code Enforcement section lists the program's
objectives and describes the actions taken to meet each of those objectives. The ER will
also evaluate to what degree the objectives were met by including the number and types
of sites surveyed; which ones were in compliance; a list of facilities found to be in non-
compliance and those retèrred to the State for follow-up action.
· One criterion for measuring the program's success will include our ability
to complete all of the site visits.
· Submitting the surveys to the State in accurate and in a timely manner;
and
· Another criterion for measuring the success of the program will be the
reduction in documented waste tire sites and illegal dumping.
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BUDGET:
The proposed budget for the project is $106.325. This includes staff time for inspections,
education, coordination and follow ups, survey generation and report preparation. Staff
time reflects time for Code Enforcement staff and a Clerk Typist. With regards to the
Code Enforcement staff, it is, expected that two Code Enforcement Officers will be
utilized, at an average cost per hour of $50.00. The grant reflects the total amount of
hours needed to accomplish the tasks. The task will be assigned to enforcement staff
when the program is implemented. Staff assigned to the program will be Terry Buss,
Code Enforcement Officer II, and Bill Owens, Code Enforcement Officer I.
Funding for a Clerk Typist has been included to account for time directly associated with
the inspection and surveillance activities reflected in the grant. Examples would be the
setting up and maintaining files, preparing correspondence and reports, and assisting with
the monthly reports that are to be submitted to the State.
The budget assumes that each site visit will take approximately one hour and that City of
Bakersfield Code Enforcement staff would make two initial site visits. The time
allocated for site visits accounts for travel to and from each site. Whenever possible, site
visits will coordinate so that Code Enforcement Officers inspect sites that are within
close proximity in order to conserve travel time and be cost effective.
It is expected that the investigative portion of the grant will be the most time consuming
because staff would identify and investigate illegal dumping on private property.
Investigation would involve physically examining the property and tires for clues and
evidence that might indicate the generator. Past experience shows that it takes a Code
Enforcement Officer one hour in the field at the site and an additional hour to research
the property in the office. Because this aspect of the grant is time consuming and
involves considerable documentation and follow up, it is anticipated to be the most costly
component. However, the cost justifies the benefits because such investigative actions
can result in criminal and administrative actions against violators that effectively reduces
the amount of waste tire illegally dumped.
This proposal is cost effective to the State of Cali fomi a because it utilizes local resources
to assist the State with the education, investigation and enforcement of the Tire Recycling
Act. City of Bakersfield Code Enforcement staff is familiar with the area, has direct
access to property information data, is actively involved in abating property nuisances
and can use existing staff resources.
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For each site visit, it is anticipated that staff time for Code Enforcement Officers and a
Clerk Typist will be used for education, follow up and preparation. The education
portion will include preparing the educational material and introductory letter,
distributing the educational materials and mailing the introductory letter. Coordination
and follow up will account for time to set up and prepare for the site visits and to prepare
and update material for either the files or a subsequent site visit, if required. The time
allocated to generating the survey accounts for reviewing survey infonnation gathered in
the field and preparing the monthly reports to the State. Finally, report preparation
accounts for staff time to prepare the Evaluation Report to the State and provides for any
additional reports or summaries generated internally regarding the program and its
progress.
FIELD AND GRANT CONTACTS
Sil!nature Authoritv
Alan Tandy, City Manager (661) 326-3751
Primary Contact
David Paquette, Code Enforcement 111 326- 3948
e-mail addressDavidPaquette@ci.bakersfield.ca.us
Prol!ram Manal!er
Randy Fidler, Chief Code Enforcement Supr. 326- 3047
e-mail addressRFidler@ci.bakersfield.ca.us
Staff Contacts
Terry Buss, Code Enforcement Officer II 326-3771
e-mail addressTBuss@ci.bakersfield.ca.us
Billy Owens, Code Enforcement Officer I 326-3414
e-mail addressBOwens@ci.bakersfield.ca.us
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