File #: 19-1548    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 10/17/2019 In control: DHHS: Public Health
On agenda: 11/12/2019 Final action: 11/12/2019
Title: Appointment to the Solid Waste Local Enforcement Agency Independent Hearing Panel
Attachments: 1. Staff Report, 2. 1992 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 James Clark to a second term as Technical Expert Representative with a term to begin December 12, 2019 and expire December 11, 2023; and
2. Appoint Heidi Benzonelli as an At-Large Public Representative with a term to begin December 12, 2019 and expire December 11, 2023.

Body
SOURCE OF FUNDING:
Public Health Fund

DISCUSSION:
The Board of Supervisors, the governing authorities of the cities within the county, and the California 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. 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 ?18060(a) & CCR 14 ?18081(e)(2)). When an independent hearing panel is appointed, not more than one member of the governing body shall serve (Public Resources Code (PRC) ?44308(b)(1)).

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 two of the current members...

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