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HomeMy WebLinkAboutMINUTES - 08171993 - 2.7 L c2` 7 TO: BOARD OF SUPERVISORS r_ _� Contra FROM: HARVEY E. BRAGDON Costa DIRECTOR OF COMMUNITY DEVELOPMENT County DATE: AUGUST 17, 1993 SUBJECT: AUTHORI2E CONSIDERATION OF IMPORTS OF SOLID WASTE FROM THE CITY OF VALLEJO AND AUTHORIZE CONSIDERATION OF THE IMPORT OF SPECIAL WASTES FOR DISPOSAL IN KELLER CANYON LANDFILL SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Authorize the Community Development Department to review the request from Acme Fill Corporation to accept solid waste from the City of Vallejo due to the pending closure of the American Canyon Landfill in Solano County; Authorize the Community Development Department to review the request from the Keller Canyon Landfill Company to allow the import of special wastes from private companies located outside Contra Costa County; and, Direct the Community Development Department to prepare a report on each request for consideration by the Board in September, 1993 which address the following issues as appropriate for each request: 1) the current tonnages being received at the Acme Interim Transfer Station and at Keller Canyon Landfill; 2) the intended disposal site for solid waste from the City of Vallejo; 3) the reciprocity requirements of the Solid Waste Export Agreements with Alameda and Solano counties; CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN-DJiTION Oi5BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON ! APPROVED AS RECOMMENDED _X OTHER SEE ADDENDUM TO 2,7, ATTACHED. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT 'TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Louise Aiello (510/646-1550) ATTESTED cc: Community Development Department (CDD) PHIL B CHELOR, CLERK OF Health Department THE BOARD OF SUPERVISORS GEMDA AND COUNTY ADMINISTRATOR BY , DEPUTY LAS 41,1 939v1bo\Valkjo.KCL ADDENDUM To 2.7 on August 17, 1993 Board members discussed with staff the various aspects of the issues involved in consideration of imports of solid waste from outside jurisdictions for disposal in Keller Canyon Landfill. Frank Aiello read a letter from Citizens United to the effect that the requests for consideration of imports to Keller Canyon are inconsistent and in violation of certain conditions of Keller Canyon Landfill's Land Use Permit and other regulating documents, both local and State, and he suggested that the Board view, in closed session a video on Keller Canyon prepared for his organization. County Counsel suggested the film should be furnished to the Health Department as the LEA, and to the various State Regulating Agencies that have jurisdiction in this area. Val Alexeeff, Director of the Growth Management and Economic Development Agency, advised that his department will include in its report back to the Board a point-by-point response to the statements contained in Citizens United's letter. David Tam of the Sierra Club advised that his organization looks forward to staff's report back on the investigative matters listed, particularly in Items 5, 6, 7 and 8. The Board APPROVED the recommendations as listed. Authorize Consideration of Imports of SW From City of Vallejo and Authorize Consideration of the Import of Special Wastes for Disposal in KCL Continued - Page Two 4) the potential for environmental assessment which may be necessary for any import of solid waste from the City of Vallejo including the degree to which the EIR on the .Acme Transfer Station addressed such environmental concerns and the impact of solid waste import, and the responsibility of -the City of Vallejo to conduct any environmental review which may be necessary; 5) the potential for environmental assessment which may be necessary for any imports of special waste for disposal at the Keller Canyon Landfill including the degree to which the EIR on the Keller Canyon Landfill addressed such environmental concerns and the impact of special waste imports, and the responsibility of any entity seeking to export wastes to conduct any environmental review which may be necessary; 6) the consistency of any import of solid wastes from the City of Vallejo or of special wastes from outside Contra Costa with the applicable Land Use Permit Conditions of Approval, Solid Waste Facilities Permit, and the current Memorandum of Agreement between the County and the Contra Costa Solid Waste Authority; and, 7) compliance with the Contra Costa County Materials Diversion Ordinance on the part of entities seeking to export solid wastes into Contra Costa; and 8) examine the feasibility and potential consequences of allowing a broad, general authorization for the import of special wastes. FISCAL IMPACT None to the County General Fund. BACKGROUND/REASONS FOR RECOMMENDATIONS Two separate requests to allow the import of wastes into Contra Costa County have been submitted to the Board of Supervisors. These requests will be handled as separate matters but are summarized within this Board Order as a means of consolidating information. In May, 1992 the Acme Fill Corporation submitted a letter to your Board requesting authorization for Import of Solid Waste from the City of Vallejo. The City of Vallejo requires processing of its solid waste for a temporary period through October, 1995, due to the lack of transfer facilities and the pending closure of American Canyon Landfill in Solano County. Current reports indicate that the tonnages received at the Acme Interim Transfer Station are well below the allowed tonnages of the Solid Waste Facilities Permit _ and of the projected tonnages anticipated from Contra Costa jurisdictions. Additionally, both the Solid Waste Export Agreements entered into by Contra Costa with Solano and Alameda counties as well as the Land Use Permit Conditions of Approval provide for reciprocity on Contra Costa's part in accepting wastes from jurisdictions within Solano and Alameda counties. On July 20, 1993 the Keller Canyon Landfill Company submitted a request to your Board to receive special handling waste originating from outside Contra Costa County. Because disposal of such special wastes would become available on a very short notice basis, the Keller Canyon Landfill Company is requesting a general authorization which would allow them to bid without having to wait for County authorization in each instance. Since the disposal tonnages at the Keller Canyon Landfill are below those allowed and those projected, such import of special wastes would not affect the availability of disposal for . jurisdictions within Contra Costa County, at this time. 939v\bo\Va11ejoXCL r tizens United 2247 MT. WI'I'NEY DR. PITTSBURG, CA TEL: (510)458-6672 The requests are inconsistent and in violation of Condition 5. 1 of LOP 2020-89, SERVICE AREA. The area of origin of all waste hauling vehicles admitted to the landfill shall be Contra Costa. The requests are inconsistent and . in violation of Conditions 6 thru 6 .7 of LUP 2020-89, ELIGIBLE AND INELIGIBLE WASTES. The requests are inconsistent and in violation of Conditions 8. 1 a thru f and 8 . 2 of LUP 2020-89 , ELIGIBLE REFUSE TRANSPORT VEHICLES. The requests are inconsistent and in violation of Conditions 10 . 3 of LUP 2020-89, WASTE MEASUREMENT AND CHARACTERIZATION. The requests are inconsistent and in violation of Conditions 29 . 1, 29 . 2, and 29 .Ot of LUP 2020-89, TRANSPORTATION AND CIRCULATION. The requests are inconsistent and in violation of Conditions 35 . 1 of LUP 2020-89, SPECIAL CONDITIONS OF APPROVAL. The requests are inconsistent and in violation of WASTE DISCHARGE REQUIREMENTS, ORDER 91-052 , PROHIBITIONS A.1, A. 3 , A. 3(a) thru A. 3 (c) , and A. 4, COMINGLING OF WASTES IN A WASTE UNIT, AND CREATION OF POLLUTION OR NUISANCE DEFINED BY THE CALIFORNIA WATER CODE. Addtionally it is our fear that according to Condition 5.4 of LUP 2020-89 , THE RECIPRICAL CAPACITY AGREEMENT, That Contra Costa Citizens will effectively be subsidizing other Counties and juristictions Waste Disposal Problems . Because this Condition allows the Board of Supervisors to specify these rates, Exporters can export garbage to Keller at rates less than (substantially less ) than those paid by Contra Costa' s Ratepayers. Contra Costa' s Citizens will pay all of the Construction and Developmental Costs of Keller while exporting communities will be able to secure rock bottom rates, at our expense. This is even though Conditions 5. 1, and 8 . 1(a) thru 8. 1(f). make clear that Keller Canyon is to be a waste facitlity for Contra Costans Only. In regards to environmental and health concerns of the requests we find the requests appalling considering the short history of Keller Canyon Landfill( open slightly over a year ) has been filled with alledged violations of State Minimum Standards for Waste Containment and Dust and Particulant Emmissions, The Federal Clean Water Act, The Fish and Game Code, The Waste Discharge Permit, The Land Use Permit 2020-89, it's Permit to Construct and Operate issued by the Bay Area Air Quality Management District, and hundreds of complaints lodged by local citizens living adjacent to the landfill. RECEIVE AUG 1 71993 z CLERK BOARD OF SUPE VIS CONTRA COSTA CO. a _ Additionally the Environmental impacts of the requests can never be assessed especially for the importation of special wastes and by general authorization which makes assessments impossible. How can environmental impacts be assessed when according to the requests the Health Service Department and Community Development Depts . will never know what wastes will be received, when, how much, and via what transportation routes. And will only know when the operator files their QUARTERLY reports with State Integrated Waste and the Regional Water Resources Board. We believe these requests are dangerous to all Contra Costans and life threatening and debilitating to the health of Citizens adjacent to the landfill and the requests should be rejected outright. Fiscal Impacts . How can the County staff make this assessment? Is the County to receive no economic benefit from all the , liabilities and increased environmental impacts associated with taking in unlimited amounts of imported toxic garbage? No wonder Contra Costa County is bankrupt. That' s ludicrous and inconsistent with what other counties and states do to exporters of garbage. Alameda our Sister County adds a surcharge to imported garbage in the range of $12 - $15 per ton on regular rates charged to its own ratepayers. We believe that imported garbage should be assessed the combined rate charged to Contra Costa Ratepayers of $76 per ton plus surcharges consistent with other counties of $15 for a rate of $91 per ton. Only then will Contra Costa' s ratepayers be treated fairly for this additional burdens . Accordingly the Transportation Mitigation. fee should be, adjusted upwards to compensate Contra Costa for the substantially increased impacts to our transportation system. In closing, Citizens United suggest that the Board of Supervisors view this tape before they even give one more minute of thought to the requests presented to you today. The film shows what Citizens United has been claiming all along, that the operators of Keller Canyon Landfill can not and never will . be able to contain contaminated garbage, toxic emmssions of dust, particulants , and God only knows what else. This is because as stated hundreds of times in the past WINDS, that even Keller Canyons very own Acoustical Engineer documented -- That in the Summer months especially (the dry season) that winds in the canyon and local area exceed 45 miles per hour on a regular basis. And as long as Keller is being discussed, Citizens United would like to state for the record that, Keller canyon Landfill was improperly sited, constructed, and because of its siting in a windy, geologically unstable, alluvial area, and close proximity to existing residential communities will NEVER be able to mitigate the disastrous effects of its continued operations . We ask that it be condemded immediately. DATE: REQUEST TO .SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: -3/ � �� �q M PHONE: (a (0?�r 1 ADDRESS: O SOR. q t 1 CITY: q1 k*J1 I am speaking formyself OR organization: �� �s ��•�' W �3 NAME OF ORGANIZATION) Check one: %,00"0' I wish to speak on Agenda Item # Z• My comments will be: general ✓ for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. DATE: V REQUEST TO SPEAK FORM _ �o THREE (3) MINUTE LIMIT) C Complete this form and place it in the box near the speakers' rostrum before addressing the y�Board. NAME:-"th�OU�`�]� PHONE: ADDRESS. 221=0) ��,r K%) C �`76"J � CITY: a!i � I am speaking formyself OR organization: CWMk6 [IA — Check one: (NAME OF ORGANI74TION) I wish to speak on Agenda Item # �p� My comments will be: general // for against V I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider.