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HomeMy WebLinkAboutAgenda - 12-03-2007-7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 3, 2007 Action Agenda Item No. ~' A SUBJECT: Report on the Development of Interim Solid Waste Management Plan DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: SWAB Report of October 4, 2007 with Gayle Wilson, 968-2885 Adopted SWAB Resolution and Outline PURPOSE: To present information to the BOCC and receive feedback on the development of an Interim Solid Waste Management Plan - 3-Year Update, for submission to the State, pending completion of ongoing Solid Waste Planning Work Group process. BACKGROUND: Each local government entity is required by state law to develop and submit a 10-Year Solid Waste Management Plan and update it every three years. Orange County, on behalf of the County and municipalities, is responsible for preparation of such a plan that must ultimately be adopted by each of the local governments prior to submission. The most recent plan submitted by Orange County was June 2003. The County's new plan update was due June 30, 2006. In 2005, Orange County created a Solid Waste Management Planning Work Group that has been meeting to perform a comprehensive review and modification of the existing plan, and to consider additional means toward reaching the County's aggressive waste reduction goals. This Work Group was created due to various concerns expressed primarily by the Town of Chapel Hill over the draft plan the town was asked to consider at that time. The BOCC then created the Work Group to conduct a comprehensive evaluation and overhaul of the local plan. Over this time, the Work Group has met 13 times, the most recent of which was November 28, 2007. County staff and engineering consultants are conducting the analysis of options for the integrated comprehensive plan. Given the likelihood that the current County planning process will continue well into 2008, the Solid Waste Advisory Board (SWAB) has recommended that an interim plan be produced, acknowledging and describing the County's current comprehensive planning process, without speculation as to outcomes or final recommendations. Staff concurs with this recommendation. The interim plan would act as a placeholder that would allow Orange County governments to become compliant with state regulations that require that an updated and locally adopted plan be in place. Regaining regulatory compliance will allow Orange County to become eligible for state grants and reduce the potential for environmental permitting delays or interruptions. 2 Should a municipality fail to endorse the interim plan, the BOCC could choose to proceed to adopt and submit, with that municipality then becoming non-compliant. Absent alternative direction from the BOCC, staff will proceed to: • prepare a draft interim plan, • submit the draft interim plan to the SWAB for review and comment, • present the final draft to the BOCC for review and comment, • assist the SWAB in sponsoring a public meeting to obtain public comments, • revise the draft interim plan as necessary per public input, • submit the draft interim plan to the Towns of Carrboro; Chapel Hill and Hillsborough for comment and adoption, and • present the draft interim plan to the BOCC for final adoption and authorization to submit to the State. FINANCIAL IMPACT: There are no financial expenditures anticipated relative to preparation of - an interim plan. RECOMMENDATION(S): The Manager recommends that the Board receive this report and provide additional direction or guidance as necessary regarding development of an interim plan for referral to each of the Orange County local governments for adoption and then to be submitted to the State in order to achieve compliance with state law. 3 1Vlemorandum To: Solid Waste Advisory Board From: Gayle Wilson, Director, Solid Waste Management Subject: Development of an Interim Solid Waste Management Plan Date: October 4, 2007 Attachments: 2 Staff is becoming concerned about the length of time it is taking to develop the comprehensive County-wide solid waste management plan. We are overdue by 20 months now with our submittal of the three-year update to the State, which was due June 30, 2006. Staff believes it prudent to consider development and submittal of an interim plan now for approval by our local elected boards. This would allow us to comply with State statutes without compromising the quality of the process we need to create an effective long-term plan for Orange County and its municipalities. Attached is a resolution that SWAB may wish to consider submitting to the Board of Orange County Commissioners requesting preparation of an interim plan. An outline of the proposed interim plan is also attached. Developing an interim plan would serve several important purposes: 1. Compliance with state statutes, thus enabling Orange County to be eligible for solid waste grant funds, for which we are not now eligible because we are out of compliance. 2. Compliance with state statutes enabling Orange County to avoid delays or suspensions for environmental permitting reviews and approvals which could occur as a result of our non-compliant status. 3. Compliance with state statutes in order that Orange County not loose eligibility for various solid waste related State reimbursements. 4. Creation of an updated interim plan allows our elected officials and the public to see what has been accomplished since the solid waste plan was last updated three years ago. There is quite a long list of developments and accomplishments that should be pointed out in a public, organized way. Because the plan has to be reviewed by each local government as well as at a public hearing, we can use this opportunity to let people know about these improvements in service and the issues facing us, without having to wait another eight months for the report. We understand that there may be some risk in developing an interim solid waste plan update, such as it becoming in the focus of premature debate with respect to some components/details of our current ongoing comprehensive study process or other ongoing 3 4 solid waste endeavor/activity. However, we trust that our interim report will be received and considered just as we propose, as a "stop gap" measure to maintain compliance without impairing our current planning process or precluding alternative courses of action in the future. While the staff and consultants are proceeding with the plan element reports and intend to present those next month to Work Group; we are aware that this process is slow, deliberate and sometimes frustrating. An interim report is a chance to show some progress while the bigger picture is taking shape. We recommend that the Solid Waste Advisory Board submit the attached resolution to the Board of Orange County Commissioners to approve development of an interim solid waste plan as a `piaceholder' that allows us to comply with state statute without compromising or rushing along the plan development process. We further request that the Advisory Board offer recommendations on the plan outline presented as Attachment 2. 4 5 Attachment 1 A RESOLUTION REQUESTING AUTHORIZATION TO SUBMIT TO THE STATE AN INTERIM THREE YEAR UPDATE TO THE TEN YEAR STATE SOLID WASTE MANAGEMENT PLAN WHEREAS, every three years each County must submit an update to its original ten year approved solid waste management plan, and WHEREAS Orange County has not submitted its current three year update due June 30, 2006 because local officials desire to conduct a comprehensive reexamination of community waste management priorities, and WHEREAS the County has initiated a deliberate, transparent and thorough planning process involving ail four local governments as well as UNC, thus causing a longer planning period, and WHEREAS development of the scheduled, comprehensive three-year update will not be complete for at least eight more months and WHEREAS an interim plan would bring Orange County into compliance, enabling State reimbursements and grant eligibility and avoiding delays or suspensions of environmental permitting reviews and approvals, and WHEREAS an interim plan would provide an opportunity for our elected officials and public to become aware of local waste management accomplishments since the last plan was adopted and to become aware of the local comprehensive planning process underway THEREFORE NOW BE IT RESOLVED the Solid Waste Advisory Board requests that the Board of Orange County Commissioners authorize staff to prepare an interim report, which, while primarily descriptive in nature, also lays out the elements and sequence of the planning process that will result in the more complete plan update in 2008. BE IT FURTHER RESOLVED that this interim plan would be presented for public input as required by State Statute. This is the 4~' of October 2007. ~ ~~~~ 6 Attachment 2 Outline of Solid Waste Interim Three-Year Update Report (this update follows the structure of the 2003 update as the State has provided no additional guidance on this plan update process) Executive Summary In this section we will primarily discuss what has been accomplished since the last submittal in August 2004, along with a brief description of why we are submitting an interim plan and further describe the upcoming more comprehensive planning process, elements and projected outcomes with respect to disposal and recycling tonnages. It will include an updated goal calculation for the ten year target of 2016-17. Chapter I Solid Waste Data from 2005-06 and 2006-07. This chapter will show all solid waste tonnage and budgetary information from the fiscal year when the report was to have been submitted and, because we have it, data from the most recent year. Chapter II Major New- Solid Waste Activities: This chapter will describe County and Town solid waste management activities by sector over the three years (actually four) since the last update: recycling and waste reduction, MSW management, C&D management, Hazardous Waste Management, Planning activities. Chapter III Interim Solid Waste Planning Update Evaluation of Program Performance Financing Disposal Options and Intergovernmental Cooperation Location of Solid Waste Management Facilities Chapter IV Summary of Comprehensive Plan Development Procedure and Key Plan Elements This chapter will outline the current state of plan development, the projected decision making sequence and elements to be decided on, element integration into a unified plan and how to finance the overall comprehensive plan. 6 Appendices: include descriptive materials, . Per the State Plan Outline, the various appendices will be detailed planning element sheets required in the report that address: A. Reduction at the source, B. Solid waste collection, C. Recycling and reuse, D. Composting and mulching, E. Incineration, F. Transfer of waste out of the area, G. Disposal capacity, H. Education in community and schools, I. Special wastes including tires, white goods, yard waste, etc J. Illegal disposal/litter, K. Purchasing Recycled products, L. Disaster response. 7