THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS DEPT: Environmental Resources BOARD AGENDA # *B-8 Urgent Routine AGENDA DATE Janualy 15, 2008 CEO Concurs with Recommendation YES @NO 415Vote Required YES NO (Info ation Attached) SUBJECT: Authorization to Apply for, Administer and Receive Funds for a Waste Tire Enforcement Grant from the California lntegrated Waste Management Board STAFF RECOMMENDATIONS: 1. Adopt a Resolution to authorize the Director of the Department of Environmental Resources, or her designee, to apply for, administer and receive the Fiscal Year 2007-2008 Waste Tire Enforcement Grant TEA-15. 2. Authorize the submittal of a joint funding request to the California Integrated Waste Management Board for a Waste Tire Enforcement Grant TEA-15 on behalf of the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock, Waterford, and the unincorporated areas of Stanislaus County. 3. Direct the Auditor-Controller to increase appropriations and estimated revenue in the amount of $127,829 as detailed in the Budget Journal Form when the grant is awarded. FISCAL IMPACT: This grant would provide approximately $127,829 during Fiscal Year 2008-2009 in reimbursements to the Department of Environmental Resources for expenses to implement a regional waste tire enforcement program for the unincorporated areas of Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford. The exact amount of the grant is not yet known but is anticipated to not exceed 10% in additional funds or $140,612. If the actual grant amount exceeds $127,829, an adjustment will be made during Final Budget. ......................................................................................................................... BOARD ACTION AS FOLLOWS: ATTEST: CHRISTINE FERRARO TALLMAN, Clerk File No. Authorization to Apply for, Administer and Receive Funds for a Waste Tire Enforcement Grant from the California Integrated Waste Management Board Page 2 DISCUSSION: In 1989, the California Legislature passed the California Tire Recycling Act (Assembly Bill 1843) authorizing the creation of the California Tire Recycling Management Fund. The funds are generated through a fee of $1.75 that is collected on the retail sale of every new tire sold in California. It is through these fees that the California lntegrated Waste Management Board (CIWMB) provides grant funding for the enforcement of waste tire regulations. The ClWMB Waste Tire Enforcement Grant program allows jurisdictions to administer a comprehensive waste tire enforcement program which includes the following elements: identification, documentation, education and inspection of businesses involved in the generation, collection, transportation and disposal of waste tires. The funding provided by this grant will reimburse the County for all expenses incurred from its local Waste Tire Enforcement Program, but cannot be used for tire amnesty collection events. On November 14, 2006, the Board of Supervisors approved the Department of Environmental Resources (Department) request to apply for the ClWMB 14'~Cycle Waste Tire Enforcement Grant. At this time, the Department is requesting authorization to apply for the Fiscal Year 2007-2008 15th Cycle grant funds. The application includes continuing a regional focus for the local Waste Tire Enforcement Program. For the purposes of this grant application (Attachment "A"), the region includes the unincorporated areas of Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford. Stanislaus County has historically taken the lead role in the development and administration of this regional grant application. Local agencies are not responsible for prosecuting violators. Instead, noncompliant violators of the waste tire regulations are referred to the ClWMB for legal action. Currently, there are 510 waste tire businesses in Stanislaus County and in the participating cities. The grant requires annual inspections of each of these tire facilities, tire dealers, auto dismantlers, tire haulers and other waste tire generators. The local enforcement of the waste tire regulations will emphasize the importance of proper disposal, reuse and recycling of waste tires through the education and the regulation of generators, haulers and end user businesses. Since the program's inception in 2006, two (2) large tire piles containing over 20,000 tires have been cleaned up. Over 530 inspections of tire facilities and tire haulers have been conducted, with 14 notices of violation issued along with five (5) referrals to the ClWMB for legal action. The proposed grant budget is contingent upon ClWMB approval of the Budget and Expenditure Spreadsheet (Attachment "B"). If the actual grant amount decreases or increases within the requested 10% allowance, a revised Budget and Expenditure Spreadsheet will be submitted to the ClWMB for their review and approval. All budgeted expenses associated with the local Waste Tire Enforcement Program will be reimbursed to the County. Budgeted expenses include grant administration, one existing full time employee, training and all necessary field and office equipment. Authorization to Apply for, Administer and Receive Funds for a Waste Tire Enforcement Grant from the California Integrated Waste Management Board Page 3 POLICY ISSUE: The Board of Supervisors should determine if applying for, administering and receiving these grant funds is consistent with the Board's priorities of a safe community, a healthy community, effective partnerships and the efficient delivery of public services. Such funding would assist the County and the cities within this region in their efforts to safely manage the large number of waste tires generated each year. STAFFING IMPACT: There are no staffing impacts associated with this item. THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS STATE OF CALIFORNIA Date: January 15,2008 NO. 2008-038 On motion of Supervisor .............M.0.n.te.ith .......................... Seconded by Superviso~.................. Gr.o.v.er................................................................ and approved by the following vote, Ayes: Supervisors: .......................................................................................................................................O'Brien, Grover, Monteith 7.................................... DeMartini ?................................................................................................... and Chairman Mayfield Noes: Supervisors: ...................................................................................................................................................................................................................................................................................None Excused or Absent: Supervisors: ...........................................................................................................................................................................................................................................None Abstaining: Supervisor: .......................................................................................................................................................................................................................................................................None THE FOLLOWING RESOLUTION WAS ADOPTED: Itern # ........ B-8...................................... IN RE: APPLYING FOR WASTE TIRE ENFORCEMENT GRANT WHEREAS, funds are allocated and available from the California lntegrated Waste Management Board for grants to solid waste Local Enforcement Agencies (LEA) and cities and counties with regulatory authority within the city and county government to perform enforcemenVcompliance and surveillance activities at waste tire facilities; and WHEREAS, the California lntegrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, the applicant for itself and on behalf of the following participating jurisdictions will enter into an agreement with the state of California for implementation of a regional waste tire enforcement program; and NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors authorizes the submittal of a regional application on behalf of itself and the following participants: Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford to the California lntegrated Waste Management Board for the Waste Tire Enforcement Grant, Fiscal Year 2007/2008. BE IT FURTHER RESOLVED that the Director of Environmental Resources, or her designee, is hereby authorized and empowered to execute in the name of the participating jurisdictions all necessary applications, contracts, payment requests, agreements, and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. ATTEST: CHRISTINE FERRARO TALLMAN, Clerk Stanislaus County Board of Supervisors, File No. AUDITOR-CONTROLLER BUDGET JOURNAL Balance Type Category Source Currency 71 Budaet Name LEGAL BUDGET l~atchName 1 ~ournalName Journal description Period I Organization Stanislaus Budget Org 1 21 1012 34230 -60624 0 -0 0 ---- .O 17,770.00 -qTm 34230 630100 0 0/ .0 500.00 '41 1012 34230 67040 0 0 0 .O 2,400.00 51 1012 34230 73710 0 0 0 .O 106,339.00