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Adopt a resolution reappointing Cheryl Hawkins to serve in the technical expert position, and appointing Corey Beavers to serve in the public at-large position on the Solano County Solid Waste Independent Hearing Panel for terms to expire on April 4, 2029
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department recommends that the Board of Supervisors adopt a resolution reappointing Cheryl Hawkins to serve in the technical expert position, and appointing Corey Beavers to serve in the public at-large position on the Solano County Solid Waste Independent Hearing Panel for terms to expire April 4, 2029.
SUMMARY:
The Board of Supervisors adopted a Solid Waste Independent Hearing Panel (IHP) (Resolution 92-242) on October 6, 1992 to be compliant with California Public Resources Code (PRC) section 44308 and Title 14, California Code of Regulations section 18060, and reaffirmed the use of the IHP authorizing the Panel to hold hearings for all privately and publicly owned or operated solid waste facilities on January 13, 2009 (Resolution 2009-07). The purpose of the IHP is to hold hearings pertaining to specific permitting and enforcement activity by the Department of Resource Management, acting in its capacity as the Solano County Local Enforcement Agency, to regulate solid waste facilities. The IHP consists of three members: 1) a member from the Board of Supervisors, 2) a technical expert, and 3) a member from the public at-large. On March 23, 2021, the Board of Supervisors appointed Cheryl Hawkins as the technical expert and reappointed Victor Johnson as the public at-large member on the IHP for four-year terms beginning on April 4, 2021 and expiring on April 4, 2025. Mr. Johnson was originally appointed on April 4, 2017. Ms. Hawkins agreed to continue serving for a second term in the technical expert position. State law limits members to two consecutive terms, thus terming out Mr. Johnson and requiring a new at-large appointment.
FINANCIAL IMPACT:
The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2024/25 Working Budget.
Over the last 4 years, the Solid Waste Independent Hearing Panel has not met because the Solano County Local Enforcement Agency’s permitting and enforcement actions did not require any prehearings under the statute, nor were any subject to appeal. The Board of Supervisors has adopted Resolution 2009-34 approving procedures for the Solid Waste Independent Hearing Panel and authorizing a per diem of $100 to panel members during the conduct of a hearing.
DISCUSSION:
The Department of Resource Management is the Local Enforcement Agency responsible for implementation of State laws and regulations at solid waste facilities within Solano County. The IHP must convene prior to the Department taking action in its capacity as the Local Enforcement Agency to deny, suspend, or revoke a Solid Waste Facility Permit, or upon written request of an appropriate person or party for a hearing with a statement of the issues in order to hear appeals regarding enforcement actions and permit conditions issued by the Local Enforcement Agency.
The IHP consists of three members, one from the Board of Supervisors (currently Supervisor John Vasquez), a technical expert, and a member from the public at-large.
Cheryl Hawkins has agreed to fill the technical expert position for a second 4-year term and continues to meet all requirements to do so. The public at-large position is open and recruitment for this position began in December of 2024. This recruitment resulted in receiving one application for the public at-large position from Corey Beavers. From his submitted application and resume, it was determined that Corey Beavers qualified for the public at-large position.
The Board of Supervisors is asked to adopt the resolution in Attachment A appointing Cheryl Hawkins as the technical expert and Corey Beavers as the public at-large member to the Solid Waste Independent Hearing Panel for terms of four years. The proposed appointees were chosen due to their expressed interest, and their legal, administrative, or technical abilities in areas relating to solid waste management. Attachment B is a summary of each candidate’s background and their qualifications for serving on the panel.
ALTERNATIVES:
The Board could choose to appoint different individuals to the technical expert and member at large positions on the IHP. This is not recommended as the Local Enforcement Agency affirms that Cheryl Hawkins and Corey Beavers meet the qualifications for their proposed positions on the IHP, and each has confirmed their willingness to serve as IHP members, pending Board of Supervisors approval.
OTHER AGENCY INVOLVEMENT:
County Counsel was consulted on the process for appointing replacements to the Hearing Panel.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION.