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HomeMy WebLinkAboutMINUTES - 08061985 - T.6 • 7- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 6 , 1985 , by the following vote: AYES: Supervisors Powers , Schroder , McPeak, Torlakson, Fanden NOES: None ABSENT: None ABSTAIN: None SUBJECT: Workshop on Landfill Sites Report In compliance with the request of the Board on June 25, 19859 A. A. Dehaesus , Director of the Community Development Department , submitted a report dated June 25 , 1985, on a proposed work plan for a comparative evaluation study of the landfill sites identified in the Central Contra Costa County Sanitary District/Contra Costa County (CCCSD/CCC) Phase I Study. (A copy of the June 25 report is attached hereto and by reference incorporated herein. ) Mr . Dehaesus advised the Board that the evaluation study would cost approximately $70,000 and would provide information for approximately nine sites "dropped" early in the CCCSD/CCC report , provide a list of landfill criteria derived of laws and regulations as well as additional criteria to be originated by the study, and provide comparisons of all the sites identified in the CCCSD/CCC Study. It would provide a background for evaluating the private sector proposals for identifying alternative sites for subsequent site-specific studies if the Board so desires . The study would not identify any additional areas that might be suitable for landfill purposes , conduct sub-surface or geologic investigations , nor deve- lop a project application report or an Environmental Impact Report on any site . The proposed study would not provide or analyze land- fill facility designs or site designs , nor rank the sites by a cri- teria weighting system. Supervisor Powers indicated that he did not believe an expenditure of $70,000 for the proposed evaluation study could be cost justified since the amount of any new information would be limited and would require another more extensive and costly study to determine if any site could meet application requirements . Supervisor Fanden expressed concern that participation in the evaluation study could delay the process of finding landfills to replace the current facilities . She referred to the closure of the Acme site in 1987 and possible consequences to the residents in this County if another site is not located and developed. Supervisor Torlakson expressed his preference for a long- range planning effort and for a complete evaluation of all sites identified in the CCCSD/CCC Study; He urged that all issues rela- tive to the control of the waste stream be addressed which would include transfer stations , long distant refuse hauling, tipping fees , etc. Supervisor Torlakson commented on the need to have the cooperation and participation of all cities , sanitation districts , and public agencies in the planning process for both long- and short-term solutions to the waste disposal problem. A meeting of the Contra Costa County Mayors' Conference ' Solid Waste Committee is to be held on August 13, 1985, at 7 a.m. in Room 108 of the County Administration Building. He urged all Board members to attend. E. Jenkins , City of Richmond, advised that the West County Mayor's Conference Solid Waste Committee would support a long-range planning process and is not interested in a study that could inter- fere with the three private sector applications for landfill sites currently on file with the County' s Community Development Department . S. Salomon, City of Hercules , advised that West County cities are interested in long-range planning that will also include composting, recycling, etc . They do not believe the $70,000 pro- posed evaluation study would provide any solution and might inhibit the current process that exists. However , the cities in West County would be interested in participating in the evaluation study if the Board authorizes it . Supervisor McPeak commented on issues relative to the control of the waste stream and the need to have flexibility in developing alternatives in making decisions pertinent to the land- fill issue . Supervisor Powers presented the following recommendations for Board consideration: 1 . Determine to not proceed with the Comparative Site Evaluation Study outlined in the July 25, 1985 , report of the Director of Community Development; 2. Direct staff to not participate in any site-specific landfill alternatives study, whether in-depth_ or general , unless authorized by the Board, until written commitments are made by the cities and sanitary districts in the County to (a) fund the study and (b) direct their waste streams to the site or sites selected by the study; 3. Refer the issue of longterm study of solid waste disposal concerns to the Solid Waste Commission to update the County's Solid Waste Management Plan; and 4. Direct the County Administrator , County Counsel , and the Director of Community Development to draft legis- lation to correct the current fragmented solid waste decision-making process by providing appropriate management authority to Contra Costa County government . There being no further discussion, IS IS ORDERED that the Director of Community Development is REQUESTED to further review and prepare a proposal for implementing the recommendations proposed by Supervisor Powers for further Board consideration at its scheduled second workshop to be held at 10: 30 a.m. on Tuesday, August 13, 1985. I hereby certify that this Is_.-,'rue and correct copy of an action taken and entered on the minutes of the cc: . Community Development Director Board of Supervisors on the date shown. County Administrator August 6, 1985 Count Counsel ATTESTED: County PHIL BATCHELon, Clerk of the Board of Supervisors and Cour.:; Administrator By a , Deputy JF�ECEIVED CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT JUL 5v1985 ►ML BATCHELOR LERK BOARD Of SUPERVISORS B ON RA COSTA 0. Do-IV TO: Board of Supervisors DATE: July 25, FROM: Anthony A. Dehaesus SUBJECT: Landfill Site Evaluation Study Director of Communit le opment On June 25, 1985, the 10a' rd of Supervisors directed the Community Development Depart- ment to prepare a proposed work program for a comparative evaluation (at a reconnais- sance level of detail) of the landfill sites identified in CCCSD/CCC Phase I study with the following considerations to be provided: 1) •Ali the sites dropped from further consideration in the CCCSD/CCC Study be �1 included in the evaluation. 2) That .the study proposal , including costs, be designed to bring the dropped sites to the level of the five identified landfill sites in the CCCSD/CCC Study. 3) A set of evaluation criteria for landfills. 4) 'A study proposal , which would apply the evaluation criteria, to compare sites. 5) Available funding sources to acquire land and develop landfill sites after the studies are complete. 6) The timing of the proposed study in relation to the need for a new landfill site. 7) The need for control .of the solid wastestream as it pertains to landfill site(s). 8) The feasibility of the EIR consultants for the three privately-proposed landfill , sites performing some of the work of the aforementioned studies in the context of the EIRs and to coordinate with the consultants so there .is no duplication of work. . 9) Coordination with the County'Sanitation District No: =-M staff_on support and input to the preparation of the work program and the scope :of_ the. study. The following are our responses to the Board's referral in the order identified Above. 1) The study is, designed to include all the sites identified in the CCCSD/CCC Study. ,9r 2) The study would include the following components: '• Research and gather information on sites identified for further study. Apply site specific criteria from the CCCSD/CCC Study to these sites. Board of Supervisors -2- July 25, 1985 ?. Review all sites to existing information status and need for additional informa- tion. z Establish additional criteria for evaluation of sites (including privately-' proposed sites and CCCSD/CCC candidate study-identified sites). ? _ t ° Apply criteria to sites. ° Dis*play 'sites and criteria in a matrix form. ° Prepare comparative analysis and evaluation. A ° Identify County options. If the study -is authorized by the Board and the consultants can start work by September 1 , 1985, the study can be completed by the end of December, 1985. The study is estimated to cost $70,000. A more accurate cost will be available after negotiations with'a consultant. There are three basic choices of how to fund a proposed study. They are: County General Fund, funding by serviced public agencies and solid waste management planning disposal fee surcharge. Given the demands on the County General Fund, it appears that funding for solid waste studies through the General Fund is not likely, especially since there are other methods to fund such a study. Inasmuch as the disposal of wastes is a countywide issue, it would seem that all the public agencies (County, cities and special districts) benefiting from this service would provide a pro-rata share toward the funding of a study. Even though this may seem logical and a fair way to approach the funding of a study,-At has some inherent problems as recently evidenced by the transportation issue. . i Some public agencies have offered contributions to fund a proposed study. Although.. ' contributions from public agencies would indicate a commitment to assist in addres- sing the solid waste issue, staff's past experience with soliciting contributions r from cities and sanitary districts to perform solid waste studies .have led us -t'6 r: believe that additional "volunteered" funding might be difficult .to acquire =It is 'unlikely that all public agencies would contribute,-on a per capita basis 'or. similar share, to such a study and that the end-result may be that a study benefiting the ±~ entire County is paid for by a few public agencies. There is �also a possibility a that funding from some public agencies will be "conditioned".j n such a manner-as to restrict the scoping and management of the study. - The time necessary to solicit con tributions from public agencies would delay the start of the -study. ` Funding by the solid waste management planning disposal fee .surcharge appears to be the simplest and most direct method of financing a proposed study. However, the t disposal site operators, who collect the disposal fee surcharge, have stated opposi- tion to both the study and funding of the study through the surcharge. It appears that. - the Board can impose an additional disposal fee surcharge to pay for the cost of the Board of Supervisors -3- July 25, 1985 study because the results of the study could be incorporated into a future amendment or revision to the County Solid Waste Management Plan. The law explicitly excludes use of funds from the disposal fee surcharge for anything but planning activities. The proposed solid waste management planning disposal fee surcharge for fiscal year 1985/86 is' 19 cents per ton, without any additional landfill site evaluation. The study would require approximately a six cents per ton increase in the surcharge. It should be noted that in any approach to studying landfill sites, much more 'information is' already available on the three privately-proposed landfill sites than any other 'sites. - To attain a similar level of information_ for all of the identified sites in CCCSD/CCC Study would be exceedingly expensive. The proposed study is not designed to attain a similar level but is .designed to do a comparative analysis at a reconnaissance level of detail, applying appropriate and .accepted . criteria. 3) AttachmentA is a list of proposed additional site-specific evaluative criteria for new landfills. These would be used in conjunction with those used in CCCSD/ CCC Study (described in our report submitted to the Board dated June 25, 1985). 4) The study is designed to apply the evaluative criteria to compare -the sites. 5) For a publicly-owned and d1veloped landfill site, the most likely way of financ- ing land acquisition and development costs would be through a revenue bond, or a loan secured by the revenues from the landfill . In order to get to the 'point where the landfill is ready for acquisition and development financing, a signi- ficant number of studies need to be accomplished, in the order of $500,000. An Environmental Impact Report for the site would need to be completed before a public agency could actually finance the project. Funding for the studies would have to be provided by a public agency, but can be reimbursable once the project is financed. Purchase rights to the land and an agreement for access to perform`on-site geotechnical work would have to be negotiated with the land- owners: Public agencies have the right of eminent domain, -as a last resort, if negotiations are unsuccessful . Land costs and development costs will be essentially the same .for a .public or a private site.'_ ;Off-site improvements are highly variable and unique to a site. -Financing- in the' order .of $10 million ; = would have' to be secured. - 6) The proposed study would be completed about the same time that-the EIRs for the .three privately-proposed landfills are in the`..public hearing stage, and before any decisions are made by the Board of Supervisors: ._This will allow the .: Board to use the information gathered in the decision-making process for the .:: three privately-proposed sites. We estimate that after a site is selected for development.and property-acquisition rights have been negotiated, at least one-half year is necessary to develop the information necessary to start the permit process. The applicant should expect a minimum of two years to complete the permit approval process. It would take approximately another one-half year to construct and prepare the site to accept waste. In other words , it takes at least three years once a site is selected to get it ready to receive waste. It would.take an indeterminate amount of time to select and acquire rights to an "alternative or backup" site to the three privately-proposed sites . Ari alternative or backup site would be far behind the three privately-proposed sites in the permitting process. Board of Supervisors -4- July 25, 1985 If it is determined to proceed with an alternative landfill site(s) and a site(s) is selected, the -following steps would be necessary: ° Commencement of a search for developers for the site(s) , either public or private. If the site(s) were to be public, a commitment of wastestream from cities and sanitary districts would be required. Most cities and sanitary dis- tricts will have to renegotiate their franchise agreements to allow them to commit their waste to a public landfill or state legislation may be sought that grants the County control of the wastestream. Financing would have- to be secured in the order of $10 million. ° The purchase or' obtaining of rights to the landfill site would be negotiated. Detailed site studies, including extensive geotechnical studies, would be undertaken. A Comprehensive Project Description would be compiled and submitted to start the permit process. As shown above, the process to identify and to obtain the necessary information to even start the permit process can be very long. If no private developer is found for. the alternative or backup site, the process becomes even more compli- cated with the public sector attempting to organize an agency that could sponsor a public landfill site. 7) If a site is to be publicly-owned, a guarantee of wastestream (a revenue source) must be obtained before a site can be purchased. Some sort of revenue guarantee, most likely in the form of wastestream commitments from. cities and sanitary districts would be required: Cities and sanitary dis- tricts that currently do not have control of their wastestream would be required to renegotiate their franchise agreements to give them that authority. - For a privately-owned landfill site, control 'of the wastestream is not as important. Privately-proposed sites (as well ..as' public sites) must meet all _ regulatory requirements no matter how much waste is "received. 'These require ments include substantial amounts of .financial guarantees for ultimate . closure 'of..the site.' - The County can also require-some wort of performance -.bond ao insure that a landfill can be. properly closed, :if_the operation should go out of business for reasons such as lack of waste being delivered. . It is not anticipated that any modification to franchise agreements would be necessary for new privately-owned landfills. ..: 8) Since'all three contracts for EIR preparation have been issued, it would be necessary to amend their scopes of work to include additional tasks related to the proposed study. .A study could complement the information provided to the Board of Supervisors by the EIRs. The Central Landfill EIR contract will include evaluation of the Central Landfill site using the additional criteria developed by staff. Since the proposed study pertains to many sites, Board of Supervisors -5- July 25, 1985 it is not appropriate nor efficient to have the individual EIR consultants do all or parts of the proposed study as part of the EIRs. The analyses of the three privately-proposed sites in the EIRs will provide useful informa- tion on the sites for the proposed study. Also, there will be some project site-to-site analysis in the EIRs that will be useful in developing the comparison matrix of all sites. Staff has previously stated its intent to closely coordinate with the EIR consultants to ensure there is a -sharing of information and no duplication of efforts. - 9) Staff 'met with the staff of Sanitation District No. .7A to discuss their proposed efforts toward solid waste studies. It was mutually. agreed that information would be shared and that duplication of effort would be avoided. District staff informs us that the. report prepared for the District investi- gates waste disposal , particularly sewage sludge disposal and landfill gas ``. recovery, after a particular landfill site has been selected. Their work will not include any site search. Conclusion This memorandum and its attachments should provide the Board with the information necessary to decide if and what types ,of additional landfill siting studies should take place. AAD:99 Attachments cc: -County Administrator Public Works Director -County Counsel Sanitation District 7-A -Contra Costa Central Sanitary District .` Contra, Costa County Cities i ATTACHMENT A PROPOSED SITING EVALUATIVE CRITERIA • (In addition to CCCSD/County Criteria) 1. Distances of residences/businesses to site: Existing Future 2. Extent of_residences/businesses along access roads to site: Existing •. - : . . Future 3. Visibility of site 4. Degradation/enhancement of future uses of site 5. 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West Contra 1-2 (Expansion , Costa Sanitary 1-3 Proposed) landtIII �� 4 680 U V-� JE :panslon 0 ® - Contra Costa _ Proposed) BO Klrker Pass OVI-i o l I-7 W.M.L ® .. Waste Sanrtary ® a : (Proposed) Q . �!�'ma WY Landfill 17VI 2 Pr posed East 680 • Co Cos Sanitary Landfill a _ O V1-3 -. ®VI-4 . .� 6 n VI 5 ®* VI-8 a VI-9 U rN 1a5S4Jdg4.. � T e #. COON/CA NyON QO VI-7 VI-G IV-1 ® - Combined Landfill Site and Candidate Study-identified Transfer Station Site ® Landfill Site, either existing, proposed, or Study-identified landfill site recommended for further evaluation .O _.Candidate Study-identified Landfill Site dropped from further consideration Candidate Study-ldentlfled Transfer Station Area ;- T - -Candidate Study-Identified Transfer Station Area clropped.from further consideration 4� ,Candidate Study-identified Landfill Site Area recommended for further evaluation -D- Candidate Study-ldentified Landfill Site Areas previously dropped from consideration but now recommended for further evaluation Figure 2-1 Candidate Study-Identified and Proposed Private landfill Sites and Candidate Study-identified Transfer Station Areas 2.3