HomeMy WebLinkAboutMINUTES - 08141990 - 2.5 2 . 5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 14, 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing On Appeals of Lucia Albers and Eugene A. Leyba,
Et Al, On Land Use Permit 2117-88 in the Byron Area.
On July 31, 1990, the Board of Supervisors deferred to this date
the decision on the appeals of Lucia Albers and Eugene A. Leyba, et al
from the decision of the East County Regional Planning Commission on
the request by Lucia Albers (applicant and owner) to establish an
outdoor recreation facility, including miniature golf , go-carts, and
batting cages on 7 acres of a larger 73 . 4 acre parcel (LUP 2117-88) in
the Byron area.
Supervisor Torlakson commented on the field trip to this property
taken last Friday, and on issues including possible litigation,
drainage, well water, the impact on adjacent ranchette homes,
buffering, traffic, and he suggested that the Board consider reopening
the hearing.
Milt Kubicek, Public Works Department, commented on concerns with
the conditions of approval.
Supervisor Torlakson moved to re-open the hearing and re-notice
for two weeks from today.
The motion died for lack of a second.
Supervisor Torlakson moved to refer this matter to Closed Session
of the Board of Supervisors to discuss the issue of litigation.
Supervisor Powers seconded the motion.
Victor Westman, County Counsel, suggested that the matter be
placed on the August 21, 1990 calendar.
IT IS BY THE BOARD ORDERED that the matter is REFERRED to the
Closed Session of the Board of Supervisors to discuss the issue of
litigation; and the decision on the matter is DEFERRED to August 21,
1990 Determination Calendar.
hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Sup' ors on the ate shown.
ATTESTED:
PHIL BA CH OR,Clerk of he Board
Iupervi s and Coun Administrator
By a
Deputy
cc: Community Development
County Counsel
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Disposal of radioactive waste is specifically prohibited at the
Marsh Canyon Landfill and Keller Canyon Landfill. This prohibition
is contained in the conditions of approval of the Land Use Permit
of the landfills. Further protection provided by a condition of
approval which prohibits the disposal other "ineligible wastes"
specified in the Solid Waste Facilities Permit administered by the
County Health Services Department.
The daily operation. of landfills in Contra Costa County is monitored
by the Health Services Department. They are responsible for
insuring compliance with the Solid Waste Facilities Permit and other
conditions of approval regarding the daily operation of the
landfill.
Under federal law, the National Regulatory Commission reserves the
right to regulate nuclear waste for the protection of health and
safety. To the extent that it could be argued that the County's
prohibition of radioactive waste stems solely from public health and
safety considerations, it would appear that the NRC regulation would
pre-empt County regulation. However, to the extent that the
County's regulation is also based on economic concerns, County
regulation could prevail. One example of an economic concern is the
fact that closure costs for a landfill with radioactive waste would
be significantly higher than for a landfill containing only
municipal solid waste.
A second protection against receipt of radioactive waste is
available to the County in that the landfill operator must receive a
franchise from the County to operate a landfill. As part of the
granting of the franchise, the landfill operator could voluntarily
agree not to accept radioactive waste, even if permitted by law.
(The NRC proposal would not force a landfill operator to accept
radioactive waste. )
Congressman George Miller has introduced legislation that would
clarify the rights of local government to prohibit disposal of
radioactive waste in landfills. Similar legislation has been
introduced in the Senate by Senator George Mitchell. The
Congressman has requested that the Board support the legislation and
oppose the NRC proposal.
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