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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2006 TITLE: RESOLUTION SUPPORTING AB939 SURCHARGE AT COUNTY LANDFILLS r~'~ Education je~ i C TY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2ntl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER ~ , RECOMMENDED ACTION Adopt a resolution supporting the proposed AB939 surcharge of $19 per ton at County landfills to encourage increased recycling by self-haulers. DISCUSSION The Integrated Waste Management Act of 1989 (AB 939) requires cities and counties to reduce the amount of waste disposed in landfills by the year 2000 and beyond by 50~ or face fines of up to $10,000 per day. In addition, the State could issue a compliance order to the cities or to the County requiring that it implement more stringent and expensive measures and diversion programs with no consideration of local conditions, budget or waste stream. Proposed legislation indicates a push to increase the mandate to 75~ diversion while the California Integrated Waste Management Board has adopted a policy of "Zero Waste". The City of Santa Ana has exceeded the State diversion requirements with a diversion rate of 60~, however meeting and sustaining the diversion mandate has been a challenge for many other Orange County cities and for the County of Orange. Orange County cities diverted virtually the same average percentage of waste in 2003 as they did in 2000, approximately 47$. In fact, more cities were in compliance in 2000 (16) than in 2003 (15). For years self-hauled waste has been viewed by cities and their waste haulers as a barrier to meeting the unfunded mandate of AB 939. Since 1997, two Orange County Grand Juries and two ad hoc committees of the Orange County Waste Management Commission have also identified self hauled waste as a barrier to AB 939 compliance for the following reasons: 55B-1