TO: Board of Supervisors
FROM: David Morrison, Director of Planning, Building and Environmental Services
REPORT BY: Peter Ex, Solid Waste Program Manager
SUBJECT: Public Hearing to Consider Adoption of a Resolution Updating Local Enforcement Agency Fees
RECOMMENDATION
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PUBLIC HEARING 9:00 AM
Director of Planning, Building and Environmental Services requests adoption of a Resolution updating the fees in Part III, Section 117.020-Solid Waste Fees of the Board Policy Manual, “Fees for Services Provided by County Departments and Agencies” and making clarifying non-substantive edits to Part III, Sections 117.010 and 117.030 that do not affect the fees therein.
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EXECUTIVE SUMMARY
The Napa County Solid Waste Local Enforcement Agency (LEA) is certified by the State CalRecycle Agency and is responsible for the enforcement of solid waste regulations governing solid waste collection, processing, storage, and disposal sites. The LEA maintains and enforces compliance with its CalRecycle approved local Enforcement Program Plan. Over the past several years, LEA program responsibilities and workload has increased and is expected to continue to grow primarily due to new Senate Bill 1383 solid waste regulations (organics diversion and edible food recovery), and numerous projects involving the remediation and/or development of closed, illegal, and abandoned dump sites in Napa County. Adoption of the proposed fee resolution will allow for the LEA to maintain funding and support additional staff which are necessary to fulfill its duties and responsibilities pursuant to California Code or Regulations, Title 14, Section 18074.
Pursuant to Public Resources Code, Sections 43212 and 43213, an enforcement agency may collect fees or charges from solid waste facility operators or persons who conduct solid waste handling. The fees must be based on weight, volume or type of solid waste material or other appropriate basis or combination and need to be approved by the local governing body. The Napa County LEA fees for service have not been adjusted for several years. If approved, the recommended changes to the fees for services will provide a new fee schedule adequate to provide full cost recovery and support additional staff.
In March 2022 the County received a completed fee study from MGT Consulting which calculated updated hourly rates for Local Enforcement Agency (LEA) staff, the cost associated with tonnage fees, as well as the costs associated with permit and inspection activity related to the tonnage fee. The primary objective of this fee study was to evaluate current fees and determine an accurate tonnage fee to support one additional full time Environmental Health Specialist position. Based on the results of this fee study the Department of Planning, Building and Environmental Services LEA division is requesting an increase of the tonnage fee to $0.66 per ton (previously $0.33 - $0.50 per ton) and an increase in its hourly rate charge to $115 per hour (previously $109 per hour). The proposed fee changes are shown in Exhibit A of the attached Resolution.
PROCEDURAL REQUIREMENTS
1. Open Public Hearing.
2. Staff reports.
3. Public comments.
4. Close Public Hearing.
5. Motion, second, discussion and vote on item.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
Local Enforcement Agency - 1703000 |
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Is it Mandatory or Discretionary? |
Discretionary |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
The fee increase will allow near full cost recovery from year to year. Periodic adjustments in future fiscal years will be required due to updating hourly wages and responding to new regulatory requirements in which new fees will be established. |
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Consequences if not approved: |
As a certified LEA, the agency would be deficient in the requirement to have adequate revenue to support the recovery of costs of mandated inspections, permitting, and enforcement duties. Without this increase, the LEA will need to reduce services significantly or may be unable to effectively fulfill its duties and responsibilities. |
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County Strategic Plan pillar addressed: |
Effective and Open Government |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: These fees are not subject to the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Section 15273(a)(1) and (2).
BACKGROUND AND DISCUSSION
The proposed adjustment of existing fees is a comprehensive change required for the Local Enforcement Agency (LEA) to receive full cost recovery for all mandated inspection, permitting, and enforcement services and the additional staff to carry out those services.
Pursuant to California Code of Regulations, Title 14, Section 18070, the County of Napa LEA is designated as a local agency by CalRecycle to be responsible for enforcing the standards for solid waste collection, handling, storage, and disposal. It maintains and enforces compliance with the CalRecycle approved Enforcement Program Plan (EPP). The EPP requires that the LEA maintain adequate revenues and staff to fulfill its LEA duties. Pursuant to Public Resources Code, Section 43213, an enforcement agency may revise or collect fees or charges from solid waste facility operators (e.g., landfills, processing, or collection sites) or persons who conduct solid waste handling (e.g., recyclers or haulers). The fees must be approved by the local governing body, and should be based on weight, volume, or type of solid waste, or other appropriate basis or combination thereof. Adoption of the proposed fee resolution will allow for the LEA to maintain funding and support additional staff which are adequate to fulfill its duties and responsibilities pursuant to California Code or Regulations, Title 14, Section 18074.
Over the past several years, LEA program responsibilities and workload has increased and is expected to continue to expand. This is primarily due to the recently implemented Statewide organics diversion regulations known as Senate Bill 1383, and a significant increase in workload involving Closed, Illegal, and Abandoned Sites (CIA) in Napa County.
The new regulations not only require additional LEA specific duties as they pertain to routine solid waste facility enforcement but have triggered the need for expansion and modifications at new and existing facilities as well. These changes typically require permit reviews, modifications, and revisions which require significant staff time and collaboration with other Agencies or Napa County Departments/Divisions. As these regulations continue to be implemented and jurisdictions work to come into compliance with organics diversion requirements, sufficient LEA staff will be required to keep up with its enforcement duties and meet strict timeframes for solid waste facility permitting.
The LEA is also tasked with investigating all CIA sites in Napa County and ensuring they remain in compliance with State Minimum Standards. In the past few years, proposed development has led to the discovery of several previously undocumented CIA sites and some existing CIA sites have since come into non-compliance or have raised serious health and safety issues. Investigation and remediation of these CIA sites, whether due to proposed development or compliance with State Minimum Standards, requires significant staff time for the review of investigation work plans, post closure land use plans, site investigation inspections, remediation oversight, coordination with other State Agencies, etc. Many of these projects can take years to complete, and once the sites are fully remediated and/or developed, the LEA is still typically required to inspect the sites for compliance, often in perpetuity.
Staff contracted with MGT Consulting to perform a cost of service study to evaluate existing fees and services with the primary goals of adjusting fees to fully support one additional Environmental Health Specialist position in the LEA division and calculate the new fully burdened hourly rates for LEA personnel. Based on the results of this fee study the Department of Planning, Building and Environmental Services LEA division is requesting an increase of the tonnage fee to $0.66 per ton (previously $0.33 - $0.50 per ton) and an increase in its hourly rate charge to $115 per hour (previously $109 per hour). The proposed fee changes are shown in Exhibit A of the attached Resolution. The MGT Consulting study is included as Exhibit B of the attached resolution.
All fee-payers were notified of these proposed changes.
The public was notified of the public hearing and consideration of the resolution to increase LEA division fees. The public notices were published (newspaper and website) in the Napa Valley Register on September 3, 2022, and again on September 8, 2022. The public notice indicates that all relevant documents regarding the proposed fee increases were available at the Clerk of the Board’s office. The proposed effective date of the fee changes is January 1, 2023.