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HomeMy WebLinkAboutRES NO 312-06 RESOLUTION NO. .S 1 2 ;;; 0 Ef 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 enforcement/compliance 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, 2006 -2007. BE IT FURTHER RESOLVED that the Citv Manaaer. or their designee, is hereby authorized and empowered to execute in the name of the Citv 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. ----------000---------- .- ~ ~f>../(~_9 <:> % ~ - I- m _ r- (.) l::7 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted ~ the Council of the City of Bakersfield at a regular meeting thereof held on C2.ITl 3 ZuOo , by the following vote: QYESJ NOES: ABSTAIN: ABSENT: ~ ~ v- v- 1-- v-- ___ COUNCILMEMBER COUCH, CARSON, BENHAM, WEIR, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ a..md~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 'DEe 13 2006 APPROVED as to form: VIRGINIA GENNARO CITY ATTORNEY November 29, 2006 2 ~ ~f>../(~'9 <:> % ~ - I- m - r- (.) l::7 ORIGINAL 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 (354) 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 (14th cycle). ~ ~f>../(~'9 C) % ~ - I- m _ r- (.) l::7 ORIGINAL 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: 1. Educates waste tire generators within our jurisdiction on their responsibilities to comply with applicable laws; 2. Surveys Waste Tire Facilities and confirms 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 of WTF storage standards; 4. Initiates enforcement action against facilities that are in non-compliance by issuing a letter of Violation (LOV) and requiring a Corrective Action Plan (CAP); 5. Refers facilities that continue to be in non-compliance after the LOV and CAP process to the Board's Facilities Operations Branch, Tire Enforcement Agency Permitting and Enforcement Section; 6. Identify and investigate existing sites where waste tires have been illegally dumped; and 7. Obtains and submits the necessary information 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, informative and allows for enforcement action when necessary. It provides for correcting of waste handling problems, reducing long-term disposal problems, identifying illegal waste tire haulers and encouraging compliance. ~ ~f>../(~'9 o % ~ - I- m - r- (.) l::7 ORIGINAL The grant will fund staff time directly related to development, implementation and monitoring of the program outlined below until June 2008. In 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 CIWMB's Waste Tire Enforcement Program handout updated to include material about the City of Bakersfied. · 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. 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. ~ fQAI(~-9 o (p ~ "" I- - _ m (.) b ORIGINAL . 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 confirmed. . Review manifests confirming 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 determine that the WTF's storage standards conform 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 (LOV) 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. 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 Permitting and Enforcement Section. ~ ~A/(~'9 o % ~ - I- m - r- (.) l::7 ORIGINAL 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 form 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 information 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 of WTF permit requirements will be identified and reported to the California Integrated Waste Management Board's Facilities Operations Branch, Tire and Enforcement Agency Permitting and Enforcement Section. · Information 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. ~ ~f>../(~1> o ~ ~ - I- m _ r- (.) l::7 ORIGINAL EV ALUATION: 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 referred 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. BUDGET: The proposed budget for the project is $88,010.00. 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 one Code Enforcement Officer 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. 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. ~ <of>../(~'9 C) % ~ - I- m _ r- (.) l::7 ORIGINAL The budget assumes that each site visit will take approximately one hour and that City of Bakersfield Code Enforcement staff would make one initial site visit. 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 tires illegally dumped. This proposal is cost effective to the State of California 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. 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 information 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. ~ ~f>../(~1> <:> ~ ~ - I- m _ r- o l::7 ORIGINAL STAFF CONTACTS Signature Authority: Primary Contact: Program Manager: Staff Contacts: Alan Tandy, City Manager (661) 326-3751 David Paquette, Code Enforcement Officer III (661)326- 3948 dpaquett@bakersfieldcity.us Randy Fidler, Chief Code Enforcement Officer (661)326- 3047 rfidler@bakersfieldcity.us Terry Buss, Code Enforcement Officer II (661)326-3771 tbuss@bakersfieldcity.us ~ ~A/(~'9 o % ~ - I- m _ r- o l::7 ORIGINAL