File #: 18-1597    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 11/30/2018 In control: DHHS: Administrative
On agenda: 12/18/2018 Final action: 12/18/2018
Title: Appointment to the Solid Waste Local Enforcement Agency Independent Hearing Panel
Attachments: 1. Staff Report, 2. Sections of the California Code of Regulations and Public Resources Code that pertain to Independent Hearing Panel member appointment, qualifications and hearing procedure, 3. Humboldt County Resolution No. 92-128
Previous Action/Referral: 22-1582, 23-1494

To: Board of Supervisors

From: DHHS: Public Health

Agenda Section: Consent

SUBJECT:
title
Appointment to the Solid Waste Local Enforcement Agency Independent Hearing Panel
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Appoint Tedd Ward as a Technical Expert Representative with a term to expire December 18, 2023; and
2. Appoint Heidi Benzonelli as an alternate, At-Large Public Representative with a term to expire December 18, 2023.

Body
SOURCE OF FUNDING:
Public Health Fund

DISCUSSION:
The Board of Supervisors, the governing authorities of the cities within the County, and the Department of Resources Recycling and Recovery (CalRecycle) have designated the Department of Health and Human Services Division of Environmental Health (DEH) as the solid waste Local Enforcement Agency (LEA). The LEA permits and inspects solid waste handling sites throughout Humboldt County. One component of designation as the LEA is to maintain a local appeals body to hear solid waste permitting and enforcement issues (CCR 14 ?18081(e)(2)). A hearing before the appointed hearing panel may be requested to appeal either an LEA action or the LEA's failure to act as required by law or regulation. When, in the jurisdiction of the enforcement agency, there exists a publicly owned or operated solid waste facility or disposal site (as exists in Humboldt County), there shall be an independent hearing panel (IHP) or hearing officer (CCR 14?18081(e)(2)).

The first IHP was established in 1992 by Humboldt County Resolution No. 92-128. (A copy of the Resolution is attached here for your Board's reference.) The IHP members serve four-year terms with a maximum appointment of two consecutive terms. The terms of the two current members of the IHP are set to expire on December 11, 2019. The third member of the IHP resigned May 1, 2018. To maintain certification as the LEA, a replacement must be appointed.

The LEA maintains a list of potentially q...

Click here for full text