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94-271 RESOLUTION NO. 94R- 271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A NON-DISPOSAL FACILITY ELEMENT OF THE SOLID WASTE MANAGEMENT PLAN PURSUANT TO THE REQUIREMENTS OF THE PUBLIC RESOURCES CODE WHEREAS, the california Integrated Waste Management Act of 1989, 1989 Stats. ch. 1095 ("AB 939"), directs state and local agencies to enact and implement new integrated solid waste management plans; and WHEREAS, AB 939 directed cities and counties to prepare Source Reduction and Recycling Elements ("SRRE's") identifying methods by which source reduction, recycling and composting programs would be developed and implemented to meet state- mandated solid waste reduction goals; and WHEREAS, in 1990 statutory requirements and criteria, 1990 Stats. ch. 1406 ("AB 2707"), were enacted, directing cities and counties to prepare Household Hazardous Waste Elements and requiring the development of programs for the safe collection, recycling, treatment and disposal of Household Hazardous Waste; and WHEREAS, a Source Reduction and Recycling Element and a Household Hazardous Waste Element for the city of Anaheim were adopted by the City Council on December 17, 1991, by Resolution No. 91R-341; and WHEREAS, in 1992 new statutory requirements were enacted, 1992 Stats. ch. 1291, ("AB 3001") requiring each city and each county to prepare and adopt a Nondisposal Facility Element ("NDFE") to be appended to the SRRE and included in the countywide integrated waste management plan; and WHEREAS, Section 41732 of the Public Resources Code, adopted in 1992 by AB 3001 and amended in 1993, sets forth requirements for describing new solid waste facilities and the expansion of existing facilities needed to implement the SRRE and to meet the diversion requirements of Public Resources Code Section 41780; and WHEREAS, the attached NDFE has been prepared for the City of Anaheim, describing continued use of the transfer station and materials recovery facility located within the City of Anaheim; and WHEREAS, a draft of the NDFE was submitted to the Orange County Local Task Force for review and comment regarding the regional impacts of the nondisposal facilities identified in the NDFE, in accordance with the requirements of Public Resources Code Section 41734; and WHEREAS, pursuant to Public Resources Code Section 41735, no environmental review is required for the adoption or amendment of an NDFE; and WHEREAS, the City Council has held a public hearing, with adequate notice, and has considered all public and agency comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Nondisposal Facility Element designated "Exhibit A" and attached hereto is hereby adopted. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of November , 1994. CLERK OF THE~TY OF ANAHEIM 9101.1\EEGAN\November 1, 1994 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-271 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 22nd day of November, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-271 on the 23rd day of November, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of November, 1994. ITY CLERK OF THE £ OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R-27~ was duly passed and adopted by the City Council of the City of Anaheim on November 22, 1994. EXHIBIT "A" CITY OF ANAHEIM NONDISPOSAL FACILITY ELEMENT California Public Resources Code (PRC), Sections 41730 et seq., require every California city and county to prepare and adopt a Nondisposal Facility Element (NDFE) for all new Nondisposal facilities, and any expansions of existing Nondis'~osal facilities, which will be needed to implement local Source Reduction and Recycling Elements (SRREs). A Nondisposal facility is defined as any solid waste facility required to obtain a state solid waste facility permit except a disposal facility or a transformation facility (PRC Section 40151). The City of Anaheim has prepared, adopted and hereby transmits to Orange County the City's NDFE, as required by PRC Section 41730. The City is also submitting a copy of its NDFE to the California Integrated Waste Management Board for review and approval. The City's NDFE will be appended to the City's SRRE at the time of the five year revision. The NDFE identifies the utilization of a transfer station and a material recovery facility (MRF) as a Nondisposal facility necessary to implement the City's waste diversion goals. The City intends to utilize Taormina Industries, Inc., 1131 North Blue Gum, Anaheim, California, 92815 as the designated Nondisposal facility to implement its SRRE and meet the solid waste diversion requirements of PRC Section 41780. A draft of this NDFE was submitted to the Orange County Local Task Force (LTF) for review and comment regarding the regional impacts of the Nondisposal facilities identified in this Element, in accordance with the requirements of PRC Sections 41734(a) and (b). As indicated by PRC Section 41735(a), the adoption or amendment of this element is not subject to environmental review under the California Environmental Quality Act (CEQA).