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HomeMy WebLinkAboutMINUTES - 08231988 - 2.2 v7, QZ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _August 23, 1988 , by the following vote: AYES: NOES: (See below for vote) ABSENT: ABSTAIN: ------------------------------------------------------------------ SUBJECT: Landfill Issues and Impact on County's Solid Waste Management Plan Prior to his turning over the Chair to Supervisor Torlakson to conduct that portion of the meeting related to landfill issues, Supervisor Schroder read a letter dated August 19, 1988, to the Board from Supervisor McPeak (absent this day) stating her position relative to resolution of the impasse on designation of landfill sites. She presented the following suggestions: 1. That the Contra Costa County Board of Supervisors reactivate the public hearing process on the Central Landfill (Bailey Road site) EIR, including reinstatement of the proceedings before the County Planning Commission that were pending at the time the application was pulled. If there is no private applicant for the site, considera- tion be given to the County sponsoring the application and proposed General Plan change; and 2 . Given the decision of the Regional Water Quality Control Board this last week, the Board consider requesting reconsideration of the vote regarding Acme Fill. In order to strengthen the position of Contra Costa County in seeking reconsideration by the Regional Water Quality Control Board, Supervisor McPeak stated in her letter that she will pledge to cast a third vote for at least two of the proposed sites on the November ballot. Supervisor Schroder then absented himself from participation in the discussion and voting because of possible conflict of interest relative to a business association. The Board received the report, dated August 23, 1988, of the Director of Community Development as presented by Charles Zahn on recent meetings with the California Waste Management Board (CWMB) and the San Francisco Bay Regional Water Quality Control Board on Contra Costa County's waste disposal situation. He referred to a letter, dated August .15, 1988, received from James A. Pezzaglia, Attorney for the Acme Fill Corporation, which noted the County Board of Supervisors's failure to correct deficiencies in the County's Solid Waste Management Plan, by identifying one or more sites for a landfill facility, has negatively impacted on Acme's ability to acquire the necessary permits and approvals for expansion to existing facilities or construction of new facilities. Mr. Zahn advised that County staff was told that the Califor- nia Waste Management Board and their staff have indicated that they probably will not approve measures or facilities which will help relieve the County's impending solid waste disposal crisis unless and until the County has a CWMB-approved Solid Waste Management Plan. He explained that the reluctance of the CWMB to consider approving any measure or facility pertaining to Contra Costa County (even as a matter of public need and necessity) may be a consequence of the CWMB's referral to the County's not having a currently approved plan to the State Attorney General for possible 1 r legal action. In commenting on the seriousness of this situation, Mr. Zahn advised that if this situation persists, neither Contra Costa County nor receiving counties will be able to get their Solid Waste Management Plans amended to export and import appreciable quantities of wastes after the Acmeland fill closes. He stated that Contra Costa County would be precluded from implementing short-term measures early next year if those measures required a transfer station or the export of wastes across county lines. In light of the gravity of the situation, Mr. Zahn recommended that the Board instruct Community Development Department staff to prepare the requisite amendments and environmental documents to add tentatively-reserved sites to the County's Solid Waste Management Plan, consult with the County Solid Waste Commission, and report back to the Board by September 27, 1988. He noted that any Board-approved revisions would still be subject to the review and approval of the cities. Mr. Zahn provided the Board with the following options for tentative inclusion in the County's Plan: a. The Kirker Pass Waste Management Landfill and the East Contra Costa Sanitary Landfill; b. The four sites on the November ballot as initiatives (the Marsh Canyon Landfill and the East Contra Costa Sanitary Landfill) or as advisory measures (the Bay Pointe Landfill and the Central Landfill) ; c. The inclusion of all five sites as noted in a and b above; d. The inclusion of other sites identified in previous but of which little is known; Supervisor Torlakson expressed concern with the addition of solid waste disposal sites to the County Solid Waste Management Plan without being subjected to full planning and particularly environmental reviews. Supervisor Fanden, noting that there has been confusion about the process involved in this matter, and suggested that staff be instructed to prepare a schedule of actions and timeframes that will be required for distribution to the cities, the County's Solid Waste Commission, and the public. Mr. Zahn clarified his recommendation by calling attention to the fact that Community Development staff would not be able to complete the EIR process prior to the submittal of its report on September 27, 1988. However, he noted that the report would list the environmental review process for those sites the Board would instruct staff to evaluate. In discussion on the recommendations of staff, Supervisor Fanden advised that she would. be willing to include the four landfill sites on the November 1988 ballot into the County's Solid Waste Management Plan, or direct staff to report to the Board on those four on September 27, 1988. Supervisor Torlakson disagreed and proposed identification of the Cummings Skyway and Kirker Pass sites as viable landfill sites for tentative identification in the Solid Waste Management Plan. He commented on the need to have a sufficient number of sites identified for the long range plan and serve as backup sites for the future. Supervisor Powers expressed reservations with identifying a large number of potential landfill sites particularly at a time when it is critical to resolution of the deficiencies of the County's Solid Waste Management Plan and the application of the Acme Corporation for a transfer station. Supervisor Powers then moved the tentative identification of the Marsh Canyon Landfill, the East Contra Costa Sanitary Landfill, the Bay Pointe Landfill, 2 w and the Central Landfill in the County's Solid Waste Management Plan. The motion was seconded by Supervisor Fanden. David Tam, representing the San Francisco Bay Chapter of the Sierra Club, 6014 College Avenue, Oakland 94618, expressed support for referring this matter to the cities for their review. He commented on the need for having a transfer station in place prior to the closure of the Acme Landfill site. Tom Reilly, Director of Operations, Acme Fill Corporation, 950 Waterbird Way, Martinez 94553, commented on the denial of the application of the Acme Fill Corporation for a transfer station by the California Waste Management Board. He urged the Board to correct deficiencies in the. County's Solid Waste Management Plan by identifying a landfill site(s) . Mr Reilly advised that delaying to do so. will impact on County's ability to acquire facilities permits for the export of waste to other counties or import it to other counties for disposal. Ted Nelson, 25 Emerson Avenue, Crockett, expressed concern that unincorporated areas in the County were not given the oppor- tunity to review this proposal as are the cities. He requested that the proposal also be made available to people in the service areas. Tom Stewart for Land Waste Management, P. O. Box 799, Alamo 94507, recommended the identification of only those sites for which comprehensive environmental information is available which includes completion of documentation consistent with the County's require- ments including completion of an Environmental Impact Report. He request that the Kirker Pass Landfill be included as a separate application separate from the Central Landfill proposal (namely, Bailey Road/Kicker Pass) . He further requested that the identifi- cation of tentative sites in the County's Solid Waste Management Plan be limited to only those sites that have demonstrated their suitability to serve as. a landfill through rigorous environmental review. Supervisor Fanden moved to amend the motion to include the Kirker Pass site. Supervisor Powers seconded the motion. Supervisor Torlakson moved to amend the motion further to include the Cummings Sky Way. The motion was not seconded. Supervisor Torlakson then called for the vote on the motion as amended which included the five sites. The vote was as follows: AYES: Supervisors Powers, Fanden NOES: Supervisor Torlakson ABSENT: Supervisors McPeak, Schroder Supervisor Powers then moved the tentative identification of the Marsh Canyon Landfill, the East Contra Costa Sanitary Landfill, the Bay Pointe Landfill, and the Central Landfill "supersite" in the County's Solid Waste Management Plan. The motion was seconded by Supervisor Fanden. Supervisor Torlakson advised that he could not support the motion. He offered a substitute motion to send the Marsh Canyon site, the Bailey Road/Kirker Pass super site, the Bay Pointe site forward for consideration by staff and the cities. There was no second to this substitute motion. Supervisor Torlakson then advised that he would be willing to consider the Tassajara site as well. Board members discussed the merits of the substitute motion and felt that it was too restrictive in that it did not include the 3 r , East Contra Costa Sanitary Landfill (Garaventa site) nor the Kirker Pass site. It was noted that these two sites had followed procedures and provided required documentation for their develop- ment. Supervisor Powers commented on the gravity of the situation and the need to identify viable landfill site(s) in the County's Solid Waste Mangement Plan in order to allow approval of Acme's application for a transfer station by the California Solid Waste Board. Avon Wilson, Chair of the County's Solid Waste Commission, 14 Richelle Court, Lafayette, suggested that in order to break the impasse all landfills considered today plus those recommended by the Blue Ribbon Task Force be referred to staff for report on September 27, 1988. Supervisor Fanden advised that she had reservations in com- plying with Ms. Wilson's suggestion because of limited staff and fiscal resources to perform these assessments. However, she advised that in the spirit of compromise she would make the motion to have all sites recommended by the Blue Ribbon Task Force included. Therefore, Supervisor Fanden moved that every site recommended in the final report of the Blue Ribbon Task Force, (Bay Pointe, Cummings Skyway, Kirker Pass, Tassajara, Big Canyon, Marsh Canyon, East Contra Costa Sanitary Landfill, and the Central "supersite) be referred to Community Development Department staff for evaluation and preparation of an environmental and other necessary documentation to include said sites in the County Solid Waste Management Plan as tentatively reserved sites, and and report to the Board on September 27, 1988. Included in the motion was direction to the Director of Community Development to notify each of the cities and sanitation districts that the Board will consider staff's report on this matter. Supervisor Powers cautioned that the September 27, 1988 date was not to be construed as a time for public hearing on this matter but only to consider staff's report. Supervisor Torlakson seconded the motion. Phyllis Roff, 2893 San Carlos Drive, Walnut Creek, expressed support for the motion. Supervisor Powers advised that it is with some reluctance he would vote for the motion. The vote on the motion was as follows: AYES: Supervisors Powers, Fanden, Torlakson NOES: None ABSENT: Supervisors McPeak, Schroder On recommendation of Supervisor Fanden, the Board also RE- QUESTED the Director of Community Development to extend an invita- tion to all the cities, members of the County Solid Waste Commis- sion, members of the Export Committee, members of the new MOU Committee, members of the Richmond JPA Committee, to join with the Board members in Sacramento on September 8, 1988 before the Cali- fornia Solid Waste Commission when it considers the application of the Acme Corporation for a transfer station. cc• Director of Community Development i hereby certify that this Is a true and c-ormct-o y af. • County Administrator an action taken and entered on the minutes of th4 County Counsel Board of Supervisors on the data shown. ATTESTcD: PHIL BATC�, Clerk of the Doard of supervisors and County Administrator 4 BY � a3 , s � s . � ��� � �� � �� � a . z