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HomeMy WebLinkAboutRES 2000-19RESOLUTION NO. 2000-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING AB -1939 WHEREAS, the City of Diamond Bar supports AB 1939, introduced by Assembly Member Vincent of the California Legislature and sponsored by the County of Los Angeles; and WHEREAS, the California Waste Management Act of 1989 (AB939) requires cities and counties to divert 25 and 50 percent of their solid waste from landfills or "transformation" facilities by 1995 and the year 2000, respectively; and WHEREAS, the failure to comply with the Act's requirements, including mathematically substantiating achievement of the waste diversion mandates, may subject a local jurisdiction to penalties of up $10,000 per day; and WHEREAS, several Southern California jurisdictions have struggled to meet the 50% requirement for several reasons, including; concerns by local jurisdictions regarding the accuracy of the reporting system in determining and quantifying the waste by jurisdiction and a whole host of problems associated with numerical accounting; and WHEREAS, AB 1939, declares the intent of the Legislature to place primary emphasis on implementation of waste diversion programs to efficiently utilize limited local resources and not to require local agencies to go to extraordinary lengths to ensure mathematical compliance with the requirements of AB 939; and WHEREAS, to encourage development of alternatives to land filling and incineration, AB 1939 would allow the required 50 percent diversion rate to include diversion through no -burn transformation; and WHEREAS, AB 1939 would revise the conditions for the issuance of a compliance order to a jurisdiction by the California Integrated Waste Management Board (CIWMB), based upon substantial evidence on the record that the jurisdiction has failed to make a good faith effort to implement Source Reduction and Recycling Element or its Household Hazardous Waste Element; and WHEREAS, the proposal would further require the CIWMB to review and update its April 25, 1995 enforcement policy in regard to measuring compliance with the AB 939 waste reduction rates, on an annual basis with input from local jurisdictions and others, to address changes due to legislation, regulations, markets, etc; and WHEREAS, AB 1939 would require the CIWMB to establish a Southern California regional office, located in Los Angeles County, subject to availability of funds; and 2000-19 WHEREAS, AB 1939 would require the CIWMB to include, in its annual progress reports to the Legislature, a report evaluating the accuracy and effectiveness of _-- the Disposal Reporting System adopted by the CIWMB, including recommendations to address any deficiencies in the system. NOW THEREFORE, BE IT FURTHER RESOLVED, THAT the City of Diamond Bar supports AB 1939 in its efforts to place primary emphasis on the implementation of waste diversion programs, encourage development of alternatives to landfilling and incineration and provide reasonable guidelines for jurisdictions to follow for the purposes of diverting waste. PASSED, ADOPTED AND APPROVED this 7th day of March, 2000. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 7`h day of March, 2000, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS CHANG, HUFF, MPTIANSARI, MIO'CONNOR NONE HERRERA NONE ATTEST: CI CLERK OF THE CITY OF DIAMOND BAR 2000-19