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HomeMy WebLinkAbout1985 11.12 City Council Special Agenda PQp,CHt,b_ O _ n ' _ O U I i►i y Z 'IP'ZOr1P' `pity o pipache 09unctian NOTICE OF SPECIAL MEETING OF THE APACHE JUNCTION CITY COUNCIL Pursuant to A.R.S. §38-431 .02, notice is hereby given to the Apache Junction City Council and to the general public that the Apache Junction City Council will hold a meeting open to the public on Tuesday, November 12, 1985, at 6:00 p.m. , in the Apache Junction City Council Chambers, 1001 North Idaho Road, Apache Junction, Arizona. The agenda for the meeting is as follows: 1 . Call to Order -- Roll Call 2. Proposed Resolution No. 85-49, Supporting Septic tank pumpers and dealing with health problems relating to septic tanks and hazardous wastes. 3. Motion for Executive Session for November 12, 1985, at 6:00 p.m. , in the City Hall Conference Room 4. Recess Special Meeting 5. Convene Executive Session 6. Adjourn Executive Session 7. Adjourn Special Meeting Additional information regarding any of the items listed above may be obtained through the City Clerk's Office, 1001 N. Idaho Road, Apache Junction, Arizona, Monday through Friday, 8:00 a.m. to 5:00 p.m. , except holidays. Dated this 8th day of November, 1985. /-6;1?/;41. /,',9.,,,,z, __, ,7:JQ 4'(.._ Ai._ L.-.(//1-g_,Th Kathleen Connelly i City Clerk (-c �' c l� ��C��.�� (� (:111)/,71 LLB Cf ,�, 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 PQp,CHF ,, ' -,,; Z 1 qR, oNP �itj o� , 4packe c�unction z rnw NOTICE OF EXECUTIVE SESSION AGENDA Pursuant to Arizona Revised Statutes 38-431.02, notice is hereby given that the Apache Junction City Council will hold an Executive Session on Tuesday November 12, 1985 , at 6.00 p.m. , at the Apache Junction City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona, to consider the following: 1. Discussion or consideration of employment, assignment, appointment, pro- motion, demotion, dismissal , salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with such notice of the executive session as is appropriate, but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration shall occur at a public meeting. (City Council salaries) 2. Discussion or consideration of records exempt by law from public inspection. 3. iscussion or consultation for legal advice with the city attorneys. Insurance coverage methods of controlling pornography) 4. Discussion or consultation with the city attorneys in order to consider its position and instruct its attorneys regarding the city's position in pending or contemplated litigation. 5. Discussions or consultations with designated representatives of the city in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees. 6. Discussion, consultation or consideration for the purpose of international or interstate negotiations. 7. Discussion or consultation with designated representatives of the city in order to consider its position and instruct its representatives regarding negotiations for the purchase or lease of real property. Additional information regarding this agenda may be obtained through the City Clerk's Office, Administration Building, 1001 North Idaho Road, Apache Junction, Arizona, 982-8002. 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 RESOLUTION NO 85-49 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING THE STATE LEGISLATURE AND STATE DEPARTMENT OF HEALTH TO CONSIDER ALL OPTIONS IN THE ADOPTION AND ENACTMENT OF LEGISLATION PERTAINING TO THE PUMPING AND DISPOSAL OF HAZARDOUS WASTE. WHEREAS, the safety and welfare of all citizens of Apache Junction is of vital importance to the City Council, and WHEREAS, the enactment of consumer-protection legislation should also address the concerns of the business community, and WHEREAS, viable and comprehensive legislation will serve to protect both citizen and operator alike, NOW, THEREFORE, BE IT RESOLVED BY THE Mayor and City Council of the City of Apache Junction, Arizona, that careful study be given by our State legislators and State agency officials to all regulations which impact the pumping of septic systems and the disposal of hazardous waste. PASSED AND ADOPTED THIS DAY OF , 1985, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. Norman S. Hill Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM: David F. Alexander City Attorney RESOLUTION NO. 85-49 PAGE ONE OF ONE ROLL CALL VOTE SHEET c II NOTES i iq / r 0(11 I )/:(19/ , 4i/.44/11 6( / (1 1 '0" ((' * • V , JP \l L.7- ,yi)p ,‘))11._ , . , Ci 7 ! U iLt)t):15), 7 n) v ITEM # ( MEETING OF r, MOT I ON BY: _ 6' SECONDED BY : l -(L''- ' YES . NO ABSTAINED COUNCILWOMAN TAYLOR 0 COUNCILMAN BALJO -"-it &E-MAYOR--BAKKfDAHL COUNCILMAN EIDSON V COUNCILWOMAN GARDNER ii/ --CBJC I L PEA N- J I MENE Z MAYOR HILL U/ UNANV1OUS , IN FAVOR OPPOSED ABSTAINED TOTAL I )?(Y14 ROLL CALL VOTE SHEET NOTES1) (VI3L7Ci ITEM # cj MEETING OF /- i/AVK MOTION BY: SECONDED BY; YES NO ABSTAINED ,%C-9UNNCII-MAN M Z' COUNCILWOMAN TAYLOR COUNCILMAN BALJO ArfeEiNIWIrMIIKEat COUNCILMAN EIDSO MAYOR HILL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL L � — ,e3f 17(7(6 -79 ,1 /41- 1z-L- S 9'1 .4664J) PYFCHF✓ (--- i',c O o l i w v! ;4;1 -1R/ZONP city 4p ache unction NOTICE OF EXECUTIVE SESSION AGENDA Pursuant to Arizona Revised Statutes 38-431.02, notice is hereby given that the Apache Junction City Council will hold an Executive Session on Tuesday November 12, 1985 , at 6:00 p.m. , at the Apache Junction City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona, to consider the following: 1. Discussion or consideration of employment, assignment, appointment, pro- motion, demotion, dismissal , salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with such notice of the executive session as is appropriate, but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration shall occur at a public meeting. (City Council salaries) 2. Discussion or consideration of records exempt by law from public inspection. 3. iscussion or consultation for legal advice with the city attorneys. Insurance coverage methods of controlling pornography) 4. iscussion or consultation with the city attorneys in order to consider its position and instruct its attorneys regarding the city's position in pending or contemplated litigation. 5. Discussions or consultations with designated representatives of the city in order to consider its position and instruct its representatives regarding negotiations with employee organizations regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of employees. 6. Discussion, consultation or consideration for the purpose of international or interstate negotiations. 7. Discussion or consultation with designated representatives of the city in order to consider its position and instruct its representatives regarding negotiations for the purchase or lease of real property. Additional information regarding this agenda may be obtained through the City Clerk's Office, Administration Building, 1001 North Idaho Road, Apache Junction, Arizona, 982-8002. 1001 NORTH IDAHO • �APACHE JUNCTION ARIZONA 85220-0190 ,�,,, TELEPHONE(602)982-8002 471 - �-- , ITEM NO. 2 I MOVE THAT RESOLUTION NO. 85-49, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA REQUESTING THE STATE LEGISLATURE AND STATE DEPARTMENT OF HEALTH TO CONSIDER ALL OPTIONS IN THE ADOPTION AND ENACTMENT OF LEGISLATION PERTAINING TO THE PUMPING AND DISPOSAL OF HAZARDOUS WASTE, BE APPROVED AND ADOPTED. ITEM NO. 3 I MOVE THAT AN EXECUTIVE SESSION BE HELD ON NOVEMBER 12, 1985, AT 6:00 P.M. , IN THE CITY HALL CONFERENCE ROOM. ITEM NO. 7 I MOVE THAT THE SPECIAL MEETING BE ADJOURNED AT P.M. I. Opening a. Thank you for opportunity to speak b. Introduce Yourself Foge rA C- ir'ch 1 . Local business man � �ru1 ��✓� 2 . J ember of Association Cam' cici.0 Ic( Lt)lcdf C . Introduce Business `:‘ i w L LurLt_ x.(124 /i) • 1 . What we do 2 . Clientele II. Problem : liquid Waste a. Reclassification of waste by the State & Federal governments. 1 . 5 miligrams per liter considered. Haz. heavy metals - C'd.ic.Z,ac 2 . Tests C Dumpsites 3. Bad Loads b. Penalty on Transporter 1 . $50,000 2. Criminal action, 1G yrs imprisonment c. No Dumpsites 1 . Closest is California 2. Fees are exhorbitant d. Storage area for loads 1 . Licensed facility 2 . E.P.A . I.D.# required to handle it e. Pumping fees won't cover expense . III. Environmental Concerns a. Water Table b. Public health VI . State Response a. Must enforce laws b. Dumpsite 2-3 years away c. 2-3 years licensing time for facilities V. Association Objectives a . We need a place to Dump 1 . Must be centrally located 2 . Expanded dumping hours 3. Fees must be reasonable b. Burden for loads to Generator, not Transporter 1 . Monitoring of Generators Loads must be left up to the State or E .P.A. 2 . Prosecution for bad loads or improperly handles loads must rest on Generator. c . New licensing procedures for Transporters and Treatment, Storage , and Disposal Facilities. 1 . more rapid approvals 2 . experimental Facilities 3. Temporary licensing with close E.P.A .) or State regulation until adequate facilities are approved. D. Make Insurance Available 1 . High Cost 2 . Pass cost on to customer VI. Association has tried working with the State , Counties , and now Local Authority. a. Our hands are tied. eIN b. The rest is up to you. c. We will be shuting down at 12 :00 midnight on Friday Nov. 15, 1985. VII. Closing a. We need your support b. We are a service organization c . Thank You. October 30, 1985 Dear Sir: Our organization, the Liquid Waste Haulers Association of Arizona, has been placed in an impossible situation by local, county and state government in Arizona. Our members pump sani- tary and light commercial and industrial wastes from septic tanks and other waste depositories and transport the waste to areas mandated by the various governments. In recent months our members have been threatened with possible criminal prosecution and civil penalties for hauling our loads. We are a transport industry. We do not use or gene- rate the wastes. Many off-the-shelf products used by businesses and homeowners alike can make our loads unacceptable. If a load is "hazardous" as that term is now unreasonably defined in state regulation, we have no alternatives. We have no place to take the load for treatment and cannot unload the material. Evidently, we are supposed to bury our $50 ,000 . 00 truck and the waste with it. Other jurisdictions have come up with workable solutions. Simple treatment facilities utilizing settling tanks and chemical treatment for wastes are economically feasible, but do not exist in Arizona. Controlled application of dried sludge to farmland is used throughout the United States to enhance crop growth. Sludge, which is a product of the City of Phoenix sewer plant, is currently sold as fertilizer. Sewage treatment plants are capable of handling many of the materials now deemed unacceptable at local landfills. Federal, state and local governments have the funds to solve what is basically an allocation of resource problem. How- ever, government entities have not cooperated to create solutions. Instead, they merely attempt to shift the blame and righteously proclaim that it is someone else' s responsibility. We, as haulers, are an easy target because we are visible and because we are not a powerful lobbying group. We con- tend that we are the only ones who have made an honest attempt to work toward solution of the problem. We have worked with liquid waste for years, and we have expertise which can be utilized. We should be allowed to participate in setting policies which affect our businesses and protect public health. In the past, we have contacted a wealth of public officials and have retained legal counsel . We have improved our practices; yet, we have been told there is no solution to the problem. That is ridiculous ! � 3 In recent days, we have heard that new enforcement measures against us are being planned. We cannot continue to work under an atmosphere of fear, mistrust, and lack of coopera- tion from government. Our only alternative appears to be to cease operations, and we are prepared to do that. We do not wish to do that; we are afraid that danger to public health will be created when septic tanks and other waste receptacles are not pumped and people do not have a professional method to dispose of septic and light commercial wastes. We do not wish to cease operations and ask only that government entities make genuine efforts to solve the problem. Specifically, we require that the following steps be taken prior to November 15, 1985, to avoid our work stoppage: 1) Meetings with state and local officials be scheduled to come up with both interim and final solutions to the problem, 2) All cities provide dump sites for our trucks for septic and food wastes, 3) If testing our loads is to continue, criminal and financial responsibility must not rest on our shoulders if a load tests in violation of the standards, 4) A quick, safe storage area for a load which tests in violation should be made available by govern- ment until final disposal methods are found. 5) No changes in present practices at the landfills be made until solutions are found, and 6) Steps be taken to shorten haul distances and make sampling charges and dumping fees more equitable. Workable solutions are available. Government authorities have not acted to solve the problem. If we do not receive a positive response to our demands from county, state, and local agencies by November 15, 1985, at 12 :00 midnight, our industry will cease operations . The 500, 000 people who depend on our services can then call you to solve their dilemma. We can be contacted at our association phone number: 234-6648 . Sincerely, C4rd'I°1 1C-44)1‘a President, Liquid Waste Haulers Association Chapter I—Environm, al Protection Agency § 261.30 (1) It is normally unstable and read- TABLE I—MAXIMUM CONCENTRATION OF CON- ily undergoes violent change without TAMINANTS FOR CHARACTERISTIC OF EP detonating. TOXICITY (2) It reacts violently with water. (3) It forms potentially explosive EPA Maximum mixtures with water. hazardous Contaminant contion entra- (4) When mixed with water, it gener- waste ates toxic gases, vapors or fumes in a number (per liter)s quantity sufficient to present a danger to human health or the environment. 0004.. .... Arsenic . . 5 0 (5) It is a cyanide or sulfide bearing D00 "" Cad . 100 0 D006 .. Cadmium .. ... 1 0 waste which, when exposed to pH con- 0007 . . Chromium... . . 5.0 ditions between 2 and 12.5, can gener- 0008 Lead.... ... 5.0 ate toxic gases, vapors or fumes in a 000s. . Mercury 0.2 DO10 . Selenium 10 quantity sufficient to present a danger D011 Silver .. . 5.0 to human health or the environment. 0012 .... Endrin (1,2,3,4,10,10-hexach- 0.02 (6) It is capable of detonation or ex- loro-1,7-epoxy- plosive reaction if it is subjected to a 1,4-end s,7,sendo-5.8-dro 1,4-endo, endo-5,8-dimeth- strong initiating source or if heated ano-naphthalene under confinement. 0013 ... Lindane (1,2,3,4,5,6-hexa- chlor- 0.4 (7) It is readily capable of detona- ocyclohexane,gamma isomer. D014 . . Methoxychlor (1,1,1-Trichlora- 10.0 tion or explosive decomposition or re- 2,2-bis [p-methoxy- action at standard temperature and phenyllethane). pressure. D015 . Toxaphene (C,.H,.CI., Technical 0.5 chlori(8) It is a forbidden explosive as de- percent chlorine). camphene, 67-69 percent Chlorine). fined in 49 CFR 173.51, or a Class A 0016 2,4-0, (2,4.oichlorophenoxyace- 10.0 explosive as defined in 49 CFR 173.53 tic acid) or a Class B explosive as defined in 49 D017 2,4,5-TP Silvex (2,4,5-Tricl,lo- 1.0 CFR 173.88. rophenoxypropionic acid). (b) A solid waste that exhibits the characteristic of reactivity, but is not • listed as a hazardous waste in Subpart Subpart D—Lists of Hazardous D, has the EPA Hazardous Waste Wastes Number of D003. II 261.24 Characteristic of EP toxicity. 11 261.30 General. (a) A solid waste exhibits the charac- (a) A solid waste is a hazardous waste if it is listed in this subpart, teristic of EP toxicity if, using the test unless it has been excluded from this methods described in Appendix II or list under §§ 260.20 and 260.22. equivalent methods approved by the (b) The Administrator will indicate Administrator under the procedures his basis for listing the classes or types set forth in §§ 260.20 and 260.21, the of wastes listed in this Subpart by em- extract from a representative sample of the waste contains any of the con- ploying one or more of the following taminants listed in Table I at a con- Hazard Codes: centration equal to or greater than the respective value given in that Table. Ignitable Waste (I) Where the waste contains less than 0.5 Corrosive Waste (C) Reactive Waste (R) percent filterable solids, the waste EP Toxic Waste.... (E) itself, after filtering, is considered to Acute Hazardous Waste.... .... .... .... ... . (H) be the extract for the purposes of this Toxic Waste (r) section. (b) A solid waste that exhibits the Appendix VII identifies the constitu- characteristic of EP toxicity, but is not ent which caused the Administrator to listed as a hazardous waste in Subpart list the waste as an EP Toxic Waste D, has the EPA Hazardous Waste (E) or Toxic Waste (T) in §§ 261.31 Number specified in Table I which cor- and 261.32. responds to the toxic contaminant (c) Each hazardous waste listed in causing it to be hazardous, this subpart is assigned an EPA Haz- 355 .... a . . ' Waste haulers threaten strike By SUSAN LEONARD warned that they may be prosecuted for taking loads to Arizona Republic Staff a Maricopa County landfill in Cave Creek that were Owners of 20 local'liquid-waste-hauling companies slightly above the level considered hazardous. are threatening to go on strike next Friday,saying they Rathbun said the haulers had no way of knowing s can't "continue to work under an atmosphere of fear their loads were hazardous because they came from and mistrust." places that don't normally produce hazardous wastes, Such a work stoppage could have an effect on such as septic tanks, restaurant grease traps and car everyone who had a septic tank and on all fast-food. washes. places, restaurants and businesses that had grease "We do not want anything toxic or hazardous in the traps, according to Fred Rathbun, president of the landfills any more than anyone else,but this thing can, Liquid Waste Haulers Association, an organization' get totally out of hand," Rathbun said Thursday. composed of the 20 haulers. "There's nothing hazardous about the loads we've been "We cannot continue to work under an atmosphere hauling. It's kind of like saying aspirins are hazardous. p They are in large quantities, but not in small of fear, mistrust and a lack of cooperation from " Rathbun government,"Rathbun wrote in a recent letter to Gov. quantities." Bruce Babbitt and more than two dozen other political there said his group's other concerns are that aders. aren't enough sites in Maricopa County for septic and food wastes;that local officials have not compiled a - "Our only alternative appears to be to cease list of what kind of liquids are acceptable and what operations,and we are prepared to do that." aren't; and that testing procedures for hazardous Rathbun said the haulers in his group, which carry_ wastes are poor. about 85 percent of all liquid waste in Maricopa Barry Abbott, who oversees landfills for the state .County, are upset because nine of them have been -Strike,B8 Strke brought inloads to the Cave Creek' landfill containing 1 part per mil - lion more lead than allowed. Continued from B1 Rathbun said he and his group don't consider that a large-enough 'Department of Health Services,' quantity to warrant criminal prose- said the haulers have some legiti- cution, nor do they believe they mate concerns, but they must obey should be financially responsible the law. for the loads that turn out to be "Times change, laws change and slightly hazardous. •circumstances change," Abbott "We are a transport industry," said. "The pumpers are in business Rathbun wrote in his letter."We do and have to abide by the law the not use or generate the wastes. , a.,I .• same as every other business has "Many off-the-shelf products' to." used by businesses and homeowners' 'D Abbott and other officials from alike can make our loads unaccept o) the DHS and the state attorney able.If a load is'hazardous'as that cci general's office met with four of the term is now unreasonabley defined haulers and their group's attorney, in state regulation, we have no John Flynn, on Wednesday for alternatives. We have no place to c, three hours to discuss their con- take the load for treatment and oo cerns. Another meeting is planned cannot unload the material." Z for next week, Abbott and Flynn The DHS, which started working ' m said. on a hazadrous-waste-disposal site ti Rathbun said that if the meeting 'in 1980, is more than two years ii is a success,the haulers may not go behind schedule in building such a through with their strike site , , ."We are trying to resolve some For now, no hazardous materials problems, but government officials can be dumped in the state. The haven't been listening to us," he closest facility accepting hazardous said: "If they start being coopers- materials is several hundreds miles tive,we'll be cooperative" away in California. ' .Rathbun said some of the haulers Phoenix has one landfill that in his group who have been threat- accepts liquid wastes, and the erred with criminal prosecution county has three. • `.1 ROLL CALL ROLL CALL PRESENT ABSENT MAYOR HILL j VICE—f1gYOR BAKKEDAHL ✓/_ COUNCILMAN JIMENEZ ? ' CCUNC I[WOMAN TAYLOR ► 7- COUNCI [WOMAN GARDNER f V COUNCILMAN BAL_JQ COUNCILMAN Epsom17 1 TOTAL , )r/ STAFF PRESENT Jek5.— CITY MANAGER MICHAEL J. MCNULTY CITY CLERK Kathy Connelly FINANCE CONTROLLER Keith Lewis r C, DIRECTOR OF PLANNING Chuck Newcomer DIRECTOR OF PUBLIC SAFTEY Bill McDaniel DIRECTOR OF PUBLIC WORKS Rich Broman CITY ATTORNEY Mr. Alexander/Mr. Hirsch ECONOMIC DEVELOPMENT SPECIALIST John Schoeph /-- C-1'611-- . . --a -cc,,..._ lks v.. J f r,l-#."‘".. Hazardous-�VasteHandlers .. - 41i:t• . ilk," 74,04/-- , , •Face Closing on Insurance • , ' -ltd.WALL STRsa"r JOURNAL Staff Reporter ' X [/5� ' . WASHINGTON—As many as 100 has- 1 �U 0 �/ ;, _ 7 ) ." "ardous-waste storage and disposal facill- . lies probably will have to c1oue soon be- - .' ' cause they can't obtain the required poi- ' • • - , ' i lution•llabillty insurance, federal Offi- t • • • dials said 1 . • gene lucero, chief of enforcement • y for the Environmental Protection • rc _ Age•ncy's hazardous waste programs, ,. ;.' :y 0,, has advised members of Congress that r r •' • .the agency on Nov.8 will order the units ' "� to close unless legislators relax a new I •, O insurance requirement for toxic-waste I • ,,r ( Z� �,• 'handlers. So far, no one has initiated I ' congressional action to ease the law. 1 .,I.'. • • • • •^ About 500 more facilities probably; , t • t - ' H Y,will have to close because they can't S ' • 1 . ''meet other requirements for effective i • • ' . . .'monitoring to detect leaks, Mr..Laucerq i .; • . said. 4 , The new law requires pollutlon•Ilabll• . , ;. ' ay insurance of at last ;2 million .a ' • ~.year for sudden accidents and at least$8• • '•. '. million annually for other pollution lia, ; . , >f any.waste handlers have R • ., told ;he I • ' • -' *PA that they can't obtain the requl'ed 't - 'Insurance before the Nov.a desclllus, 11 . • ' , at all;Mr. L.ttcero said.Battered by un- t• ♦ , • r ' ttIclpated 'an;.pallktlpu 1nso , f • -, , s,nce, all but a ew. companies.tiavl•• c stopped•nlfering such,coverage: 't` 11 r 'Y ' r+•' w j,4r1 1. '� �, • �. H..i;; f''�.3. . . • . 4