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March 24, 2009

Public Hearing And Consideration Of The Imposition Of Penalties Against The City Of Ridgecrest, Kern County, Pursuant To Compliance Order IWMA BR07-07 (Public Resources Code Section 41850) And Consideration Of Potential Modifications To The Existing Compliance Order. March 24, 2009.

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March 24, 2009

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  1. Public Hearing And Consideration Of The Imposition Of Penalties Against The City Of Ridgecrest, Kern County, Pursuant To Compliance Order IWMA BR07-07 (Public Resources Code Section 41850) And Consideration Of Potential Modifications To The Existing Compliance Order March 24, 2009

  2. Existing Compliance Order Conditions • Prepare and agree to a Local Assistance Plan by January 31, 2008. • Submit a New Base Year. • Fully implemented all requirements by January 31, 2010.

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  4. WASTE GENERATION STUDY AND NEW BASE YEAR

  5. MATERIALS RECOVERY FACILITY FEASIBILITY STUDY

  6. MANDATORY COMMERCIAL AND RESIDENTIAL RECYCLING DIVERSION PROGRAMS

  7. KERN COUNTY SOLID WASTE MANAGEMENT SYSTEM PLANNING PROGRAMS

  8. Kern County Solid Waste Management System Planning Programs Timeline • March 20, 2009: Working group meeting. • March 23, 2009: “first-reading” presentation. • October 2009: A Final Report presentation.

  9. RESPONSE TO COMMENTS BY RIDGECREST RESIDENTS

  10. EXTENSION OF THE COMPLIANCE ORDER COMPLETION DATE

  11. Extension of the Compliance Order Completion Date • Revise the Local Assistance Plan: the City shall develop and submit a revised fully executed Plan by May 29, 2009. • The City will submit a new waste-generation based study and apply for a new, more accurate base year, by July 31, 2009. • The City will fully implement the programs identified in the Plan by January 4, 2010. • The Board will closely review the progress in implementing diversion programs during a one year oversight period commencing on January 5, 2010.

  12. POTENTIAL PENALTIES

  13. Potential Penalty Considerations • A good faith effort • Natural Disasters • Budgetary constraints • Work stoppages • Failure of Public Agencies to participate • Alternative program implementation • Diversion rate • Time extensions or Alternative Diversion Rates • Impacts of construction and demolition waste.

  14. Consideration of factors when determining penalties • Diversion program implementation does not support a diversion rate over 50%. • Diversion data does not support the City’s claim that the 1990 base year is accurate and there is no need for a new base year. • The Material Recovery Facility Feasibility Study was not completed by the December 2008 due date and the City has requested a time extension to complete the study. • Mandatory residential and commercial collection of recyclables will not be achieved by the March 31, 2009.

  15. Penalty Ranges for the Board’s Consideration • Serious, which is at least $5,000 per day up to $10,000 per day for failure to implement without reason or justification; • Moderate, which is at least $1,000 per day up to $5,000 per day for failure due to mitigating circumstances; and, • Minor, which is up to $1,000 per day for failure to meet requirements to some extent.

  16. Options for the Board’s Consideration • Impose a one-time penalty. • Impose additional daily penalty should additional due dates be missed. • Impose a penalty and suspend the fine based on testimony. • Impose a penalty, modify the Compliance Order, and direct that the Local Assistance Plan be revised. • Impose no penalty, modify the Compliance Order, and direct that the Local Assistance Plan be revised. • Modify the Compliance Order to include a one year oversight period.

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