Item Coversheet

SAN BENITO COUNTY

AGENDA ITEM
TRANSMITTAL FORM

Mark Medina

District No. 1

Anthony Botelho

District No. 2

Chair

Robert Rivas

District No. 3

 

Jerry Muenzer

District No. 4
Vice - Chair

Jaime De La Cruz

District No. 5

 


Item Number: 31.



MEETING DATE:  5/8/2018

DEPARTMENT:
RESOURCE MANAGEMENT AGENCY

DEPT HEAD/DIRECTOR: John Guertin

AGENDA ITEM PREPARER: Kevin McCarthy, IWM Technical Lead Manager

SBC DEPT FILE NUMBER: 142

SUBJECT:

RESOURCE MANAGEMENT AGENCY - J. GUERTIN

Landfill Ad Hoc Committee’s Recommendation to Not Approve Waste Connections Inc. Landfill Operating Agreement 2018 Change in Law (CIL) Adjustment request for $88,271.95; and Adopt Resolution not approving Waste Connections Inc. Landfill Operating Agreement 2018 CIL request for $88,271.95.

SBC FILE NUMBER: 142

RESOLUTION NO: 2018-19



AGENDA SECTION:

REGULAR AGENDA

BACKGROUND/SUMMARY:

The Landfill Ad Hoc Committee, comprised of Board Chair Botelho and Vice-Chair Muenzer, is recommending to not approve Waste Connections Inc. (WCI) 2018 Change in Law (CIL) request for $88,271.95. County staff and the Landfill Ad Hoc Committee met on March 15, 2018 to review the CIL request from WCI dated March 1, 2018 and determined the request was not acceptable based on the provisions of the Landfill Operating Agreement. This determination was based on WCI not providing any documentation that the expenses were associated with a change in law that meets the requirements of Section 6.2.B of the current Landfill Operating Agreement. This determination was reviewed by outside special counsel.

 

WCI provided back-up detail on the expenses incurred, however, WCI did not provide documentation that the expenses had occurred because of a change in law since the current Agreement became effective in April 2014. Essentially, WCI is submitting a request for reimbursement for costs of operating the landfill, but WCI had agreed to pay facility operating costs as part of the terms and conditions of the current Landfill Operating Agreement.  WCI has stated that these facility operating costs have historically been reimbursed by the County and the County should continue to reimburse WCI. WCI has acknowledged that no such arrangement or provision for reimbursement of the costs was memorialized in the current Agreement. After extensive analysis and review by outside counsel it is the recommendation of the Landfill Ad Hoc Committee that these are not valid CIL costs that should be paid by the County.

 

WCI submitted its 2018 Change in Law reimbursement request via email on 3/1/18 for a total request of $88,271.95 based on In-County ton allocation of 23.3%. The identified costs related to: (1) costs associated with the Module 1(top deck) Preferential Liner Pathway (PLP), (2) costs associated with AB 32 required quarterly landfill surface emissions monitoring and (3) costs associated with the storm water basin improvements.  



BUDGETED:

Yes

SBC BUDGET LINE ITEM NUMBER:



CURRENT FY COST:

This recommendation has no FY cost impact

STAFF RECOMMENDATION:

It is recommended that the Board of Supervisors:

Adopt Resolution, not approving Waste Connections Inc. Landfill Operating Agreement 2018 CIL request for $88,271.95.



ADDITIONAL PERSONNEL:
No


BOARD ACTION RESULTS:

Approved Resolution No. 2018-19 per staff recommendation (5/0 vote). 
ATTACHMENTS:
DescriptionUpload DateType
Resolution not approving CIL5/2/2018Resolution Letter