RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION APPROVING THE IMPOSITION AND COLLECTION OF AN AB 939 FEE ON EACH TON OF SOLID WASTE DISPOSED OF AT LANDFILLS WITHIN THE UNINCORPORATED AREAS OF THE COUNTY

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan; and

WHEREAS, the San Mateo County Integrated Waste Management Plan (herein referred to as the “County Plan”) five-year review report has been issued by the C/CAG Local Task Force on October 15, 2009; and

WHEREAS, the County’s costs of preparing, adopting, and implementing the County Plan have been funded through compensation that the County received pursuant to a contract with the operator of the Ox Mountain landfill, which contract is about to expire; and

WHEREAS, the County Plan includes the County’s Household Hazard Waste & Local Enforcement Agency Program (HHW/LEA Programs), as well as other County Solid Waste Management & Diversion Programs (SWMD Programs); and

WHEREAS, it is now desirable to establish an AB 939 Fee to assist the County in its funding of the County’s costs of preparing, adopting and implementing the County Plan, including its HHW/LEA Programs and SWMD Programs; and

WHEREAS, the County’s Public Works Department has prepared a report, attached as Exhibit A (hereafter the "Report"), which includes a description of the HHW/LEA and SWMD Program components and the costs associated therewith, and which Report presents the County’s costs of preparing, adopting, and implementing those Programs in compliance with the County’s Plan. The Report documents that to fully fund the AB 939 programs an AB 939 Fee of $9.83 per ton should be imposed on each ton of waste land filled within the unincorporated areas of the County, which fee includes a $5.02 per ton component to support the HHW/LEA Programs, and a $4.81 component to support the SWMD Programs (the “SWMD Fee”); and

WHEREAS, the County’s costs of preparing, adopting, and implementing the County Plan, including the HHW/LEA and SWMD Programs, from January 1, 2010 through June 30, 2010, will be an amount that is partially funded by a Fee of $7.02 for each ton of waste land filled within the unincorporated areas of the County; and

WHEREAS, the County’s costs of preparing, adopting, and implementing the County Plan, including the HHW/LEA and SWMD Programs County Plan, from July 1, 2010 through June 30, 2011, will be an amount that is anticipated to be no less than $9.83 per ton, which amount includes a $5.02 per ton component to support the HHW/LEA Programs, and a $4.81 per ton component to support the SWMD Programs, for each ton of waste land filled within the unincorporated areas of the County; and

WHEREAS, all owners/operators of all active San Mateo County landfills shall submit an annual report of each landfill site’s financial activity related to the AB 939 Fee computations to the County. Owners/operators shall maintain accurate, detailed financial information in a consistent format and make information available to the County in a timely fashion after the close of each quarterly fiscal period. On the reasonable request of the County, owners/operators shall provide the County audited financial records covering the operation of each landfill; and

WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the AB 939 Fee is categorically exempt under Section 15308 and are statutorily exempt under Section 15273 of CEQA; and

WHEREAS, in accordance with the Government Code, at least 14 days prior to the public meeting at which this Resolution is being considered for adoption, notice of the time and place of the meeting was mailed to eligible interested parties who filed written requests with the County for mailed notice of meetings on new or increased fees or service charges; and

WHEREAS, in accordance with the Government Code, the Report was available for public review and comment for ten days prior to the public meeting at which this Resolution was adopted; and

WHEREAS, a 10 day advance notice of the public meeting at which this Resolution was adopted was given by publication in accordance with Section 6062a of the Government Code; and,

WHEREAS, the Board of Supervisors held a noticed public meeting on this date to consider the authorization of an AB 939 Fee.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT:

1.

The County of San Mateo approves the imposition and collection of an AB 939 Fee as follows:

A)

A $7.02 per ton fee on all wastes land filled within the unincorporated areas of the County from January 1, 2010 through June 30, 2010.

B)

Beginning, July 1, 2010, a $9.83 per ton fee on all wastes land filled within the unincorporated areas of the County; which Fee shall be composed of: a HHW/LEA component of $5.02 per ton, plus a SWMD component of $4.81 per ton

2.

The owner and the operator of a landfill shall be responsible, jointly and severally, for the payment of the AB 939 Fee. A person or business owing the AB 939 Fee must, in addition to paying the AB 939 Fee to the County, provide the County with a report indicating the source and disposition of all land filled materials. Such persons must provide the Waste Management and Environmental Services division of the County Department of Public Works, with access to all substantiating information as needed to reconcile or verify such reports.

3.

A person or business owing the Fee must make payment and submit the required reports to the County within 30 days of the end of the calendar quarter for which the payment applies. Both the Fee and reports are due within 30 days of the end of the calendar quarter. If the Fee and reports are not submitted on a timely basis, additional charges will be added as follows:

(a)

A late processing fee of $500.00 will be added if either the Fee or reports are not submitted within the specified 30 days;

(b)

A delinquent penalty of 1% per month of the outstanding balance will be added if the Fee accompanied by required reports are not submitted within 45 days of the end of the calendar quarter for which the payment applies

4.

Landfill owners and operators must provide copies of Board of Equalization audit reports or equivalent audit reports, or other relevant data to enable the County to verify reports of tonnages. A template for reporting, including the conversion formula to be applied for conversions from volume to weight, is to be provided by the County to the landfill owners and operators for completion and submittal to the County for County approval.

HEREHEREHERE

5.

In accordance with CEQA, the Board of Supervisors finds that the collection of the Fee is necessary for preparation of the County Plan and meeting operating expenses and purchasing materials and services consistent with the County Plan. The collection of the Fee is categorically exempt under State CEQA Guidelines Section 15308 and is statutorily exempt under Public Resources Code Section 21080(b)(8) and State CEQA Guidelines Section 15273.

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