HomeMy WebLinkAboutMINUTES - 04292014 - C.68RECOMMENDATION(S):
1. ACCEPT report and associated attachments addressing the outstanding issues related to the Keller Canyon Landfill
identified or presented during the Board of Supervisors meeting on February 25, 2014.
2. ACCEPT status report regarding progress of the Keller Canyon Landfill Land Use Permit Review Process currently
underway.
FISCAL IMPACT:
The acceptance of this report does not have a financial impact on the County. The Keller Canyon Landfill Company
is responsible for providing reimbursement for County staff costs associated with the Permit Review and Land Use
Permit monitoring.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/29/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Deidra Dingman (925)
674-7203
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: April 29, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 68
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:April 29, 2014
Contra
Costa
County
Subject:Status Report for Keller Canyon Landfill Land Use Permit Review Process
BACKGROUND:
The Board of Supervisors considered matters related to the Keller Canyon Landfill at their meeting on February
25, 2014. At that time, Department of Conservation and Development ( DCD) staff was directed to return to the
Board on April 29, 2014 to present specific information about the landfill and the associated land use permit. The
Board requested that staff provide additional information to fully address any issues related to the Keller Canyon
Landfill raised in correspondece to the Board that had not been included in the report dated February 25, 2014 due
to time limitations. The Board also asked staff for a status report on the review process for the Keller Canyon
Landfill Land Use Permit. This report provides the information requested related to both subjects which is
organized in two distinct sections. Section I provides further information on the issues that were not fully
addressed in the report presented to the Board on February 25th. Section II provides the requested status of the
permit review, which staff expects to complete by the end of August 2014. The details staff has provided in this
report and the associated Attachments is based on the information and evidence currently available. Staff has and
will continue to investigate any areas of potential concern as they arise as part of the permit review process and
our ongoing monitoring and enforcement responsibilities.
I. RESPONSES TO OUTSTANDING ISSUES RAISED IN FEBRUARY 2014
Wilson Wendt of Miller, Starr & Regalia law office, representing Mt. Diablo Recology, submitted three letters
addressed to the Board of Supervisors dated February 11, 2014, February 18, 2014 and February 25, 2014. Only
one of the letters was received in time to be addressed in the February 25th Board Order, therefore staff was
unable to include responses to new issues raised in the last two letters.
In order to fully respond to all of the issues raised as a part of this report, staff had to provide a substantial amount
of information. A summary of staff’s conclusions is provided below. However in order to limit the length of this
report, the detailed information substantiating these conclusions is contained in Attachments C – F.
FEBRUARY 11TH LETTER FROM MILLER, STARR AND REGALIA
As directed by the Board, staff reviewed and analyzed the issues not fully addressed in the February 25th report.
Staff’s conclusions regarding the four applicable issues are summarized below and further explained in the
attachments.
1. Alleged Violation of Anti-Trust and Unfair Competition Laws – Other agencies have the designated
enforcement authority for these state and federal laws. Therefore, it is not appropriate for the County to weigh in
on allegations that anti-trust and unfair competition laws have been violated by Republic Services (Keller Canyon
Landfill). (See Attachment C for further information.)
2. Alleged Violation of Land Use Permit Condition 5.1 – Republic Services’ proposed Keller Canyon Landfill
disposal rate submitted to the CCCSWA is within the range of current rates being charged, therefore the proposed
amount does not constitute a refusal to accept in-County waste for an appropriate rate. (See Attachment C for
further information.)
3. Alleged Violations & Inquiries about multiple Land Use Permit Conditions – Explanations responsive to the
requests pertaining to specified Conditions are provided, as are conclusions related to each alleged Land Use
Permit violation. In summary, none of the circumstances cited adequately substantiate conclusions that the
specified violations occurred. (See Attachment D for further information.)
4. Alleged Violations & Requests specific to the CCCSWA’s Franchise– The CCCSWA is responsible for
enforcing their own Franchise Agreement, therefore it is not appropriate for the County to investigate compliance
with the CCCSWA’s Franchise Agreement. (See Attachment C for further information.)
FEBRUARY 18TH LETTER FROM MILLER, STARR AND REGALIA
Wilson Wendt’s letter dated February 18, 2014 identifies concerns specific to the alleged issue involving the
potential improper acceptance and use of green waste as Alternative Daily Cover (ADC).
1. ADC: Tonnage Reporting - Contra Costa County submits ADC tonnage reports to CalRecycle based upon the
quarterly data provided by the active in-county landfills, including Keller Canyon Landfill. Therefore, that is the
most appropriate source of data upon which to base any conclusions with respect to compliance with any
applicable regulations. (See Attachment E for further information.)
2. ADC: Proper Handling & Use – Keller Canyon Landfill’s operations have been found in compliance with
respect to handling and use of ADC based on the results of all but one of their unannounced inspections conducted
by the two regulatory agencies responsible for enforcing the ADC requirements (County Environmental Health
and CalRecycle). (See Attachment E for further information.)
3. ADC: Payment of Fees – Neither of the applicable enforcement agencies have made a determination that any
of the ADC material used at Keller should be treated as disposal. In the absence of a determination that the green
waste used as ADC should be reclassified as disposal, there is nothing to substantiate that the conclusion that the
County has not been paid the total amount of fees (surcharge) due for this material. (See Attachment E for further
information.)
FEBRUARY 25TH LETTER FROM MILLER, STARR AND REGALIA
Although the letter dated February 25th was submitted the day of the Board meeting, in most cases the responses
are similar to those previously identified above. The majority of the letter focuses on concerns about improper
acceptance and use of green waste and construction & demolition debris initially raised in the February 18th letter.
1. Fees Alleged to be Due - The information presented does not change the conclusion identified in response to
this issue raised in the letter dated February 18th, therefore staff has no basis to substantiate the allegation that the
County has not been paid the total amount of fees (surcharge) due for green waste classified as ADC. (See
Attachment F for further information.)
2. Direct Haul Violates Solid Waste Facility Permit – The permit requirement cited in the letter only applies to
“municipal solid waste” (MSW), therefore whether or not ADC or other non-MSW is direct hauled to the landfill
has no bearing on the status of compliance with this requirement. (See Attachment F for further information.)
3. Reports Requested in February 11th Letter – The only report generated by or for the County which was
requested in Mr. Wilson’s letter dated February 11th is the Implementation & Mitigation Monitoring Program
(copy provided as Attachment G), the remaining reports cited pertain to requirements in the CCCSWA franchise
and therefore beyond the County’s purview. (See Attachment F for further information.)
4. Notices of Violations Noted in Prior Letter(s) – Most violations cited were addressed in the February 25th report
to the Board, with the exception of air quality enforcement actions that occurred in 2009 and 2010. There is no
evidence of continued or ongoing violations that warrant further action by the County at this time. (See
Attachment F for further information.)
II. KELLER CANYON LANDFILL LAND USE PERMIT
County Code Chapter 418-4 requires disposal facilities to obtain a permit approved by the Board of Supervisors.
Keller’s Land Use Permit serves as the permit required under County Code Chapter 418-4. The Land Use Permit
(LUP 2020-89) allowing the development and operation of the Keller Canyon Landfill (KCL) was approved by
the Board of Supervisors on July 24, 1990 and the landfill opened in May of 1992. The Land Use Permit was
subsequently amended by the Board on November 1, 1994 adding a new (replacement) Mitigation Fee condition.
Additional conditions governing the construction and operation of a landfill gas power plant were added to the
Land Use Permit when the second amendment was approved by the Board on June 25, 2002.
The LUP conditions of approval are intended to mitigate potential on-site and off-site environmental impacts of
landfill design and operations. Some of these conditions of approval were the result of impacts/mitigations
contained in the Environmental Impact Report (EIR) prepared for Keller Canyon Landfill in 1990. Additionally,
other conditions of approval were developed as part of Board of Supervisors special conditions of approval,
County Code requirements and regulatory requirements enforced by other agencies. The LUP contains over 280
conditions of approval which are organized into 36 sections (see Attachment A).
It is important to note that only a fraction of the over 280 conditions in Keller Canyon Landfill’s LUP apply to
ongoing operations, which narrows the scope of the applicable regulatory agencies’ respective monitoring and
enforcement responsibilities. The majority of Keller’s LUP Conditions do not require on-going monitoring by
DCD. There are a wide range of reasons that DCD does not need to monitor compliance for certain LUP
conditions, including but not limited to:
Condition being administrative in nature
Condition was satisfied prior to the landfill opening
Condition is inconsistent with governing laws or court decisions
Condition solely cross-references another LUP condition
Condition mirrors requirements already enforced by other agencies
BOARD OF SUPERVISORS INVOLVEMENT DURING THE FIRST THREE YEARS OF OPERATIONS
A wide range of issues were presented, considered and/or addressed at numerous Board meetings during the first
few years of its operation, including consideration of the new and modified conditions recommended for
consideration in 1994. Several of the most important hearings are noted below.
April 28, 1992: Keller began accepting waste in early May 1992. Roughly one week prior to the landfill’s
opening, the Board received a report about Keller Canyon Landfill’s Land Use Permit to acknowledge certain
Conditions had been satisfied and provide the status and plans for implementing the remaining LUP Conditions
which are not pre-requisites to the opening of the landfill.
September - November 1994: A number of new or modified conditions were recommended to the Board of
Supervisors by staff and the County Planning Commission as a part of Amendment 1 to Keller Canyon Landfill's
Land Use Permit in 1994 (see Attachment I). The Board elected not to approve the majority of the changes to the
conditions at that time, with the exception of adding a new Condition 35.8 which replaced the mitigation fee
requirements in Conditions 35.1 & 35.3.
June 1995: In 1995, the Board provided direction about criteria to be used for Keller’s Land Use Permit
Conditions (see Attachment B). According to the approved “Criteria Review”, the Board requested staff to a) refer
Keller’s Land Use Permit Conditions of Approval to the County Planning Commission for review, pursuant to the
Board’s review criteria, and b) prepare a staff report for consideration by the County Planning Commission.
PERMIT REVIEW CONDITION
At the time this Land Use Permit was being considered for approval in 1990, there were substantial concerns and
uncertainty associated with the siting and operation of a landfill in the context of evolving regulatory
requirements. Board actions related to the landfill project were subject to a great deal of public scrutiny and
opposition. The County attempted to address as many concerns as possible when crafting the Land Use Permit
Conditions of Approval. One such example is the LUP Condition requiring regular public hearings during the
initial phase of landfill operations, so that the Board of Supervisors would have the opportunity to adapt
requirements If needed based on actual operating conditions. Condition 11.1 states the following:
“The Board of Supervisors will hold annual public hearings to review the Conditions of Approval for this Land
Use Permit for three years beginning one year after the commencement of operations of the Landfill. The Board
may refer proposed changes to the Land Use Permit to the County Planning Commission for processing.
Thereafter, the County Planning Commission shall hold public hearings on the Land Use Permit at three-year
intervals. As a result of a review and public hearing, the County Planning Commission may recommend to the
Board of Supervisors new or modified conditions to improve the public health, safety, and welfare. Nothing in this
condition shall preclude the Landfill owner from applying for amendments to the Land Use Permit at any time or
preclude the County from addressing emergency situations or new requirements imposed by State or Federal
legislation or the courts.”
Unlike the permit review conditions contained in more recent LUPs, the periodic permit review hearings for the
Keller Canyon Landfill are not intended to address status of LUP compliance; but rather to provide the Board of
Supervisors and/or County Planning Commission the opportunity to review the LUP Conditions of Approval in
order to determine if any new or modified conditions are needed to improve the public health, safety, and welfare.
Any new or modified conditions identified by the Planning Commission are to be considered recommendations
subject to the Board of Supervisors approval.
PERMIT REVIEW CRITERIA ADOPTED BY THE BOARD IN 1995
The Permit Review Criteria approved by the Board in 1995 is divided into two parts (see Attachment B). Part 1
includes background research to be conducted by staff in advance of the hearing. Part 1 also provides context
related to the permit review authority, intent/context, status of the mitigation monitoring program and other
matters. Part 2 outlines the criteria for the actual permit review hearing before the County Planning Commission.
Part 2 also specifies the only five circumstances which would allow the County to impose new or modified
conditions, which are as follows: 1) new regulations, 2) court decisions, 3) significant health impacts, 4)
significant safety impacts or 5) significant welfare impacts.
STATUS OF THE CURRENT PERMIT REVIEW PROCESS
Subsequent to the February 25, 2014 hearing, DCD staff has taken several steps to proceed with the Board’s
request in order to ensure timely progress on the permit review. Staff has conducted several meetings, including
conference calls, with Keller representatives and conferred with the Environmental Health Division. Keller
Canyon Landfill has confirmed that their preliminary report of condition will be submitted shortly.
County staff is confident that Permit Review will be ready to go to hearing within the 6-month period prescribed
by the Board. Staff is planning to prepare a staff report for review and consideration by the County Planning
Commission at a public hearing to be held no later than the end of Summer 2014. Once the County Planning
Commission has had an opportunity to consider Keller’s Permit Review, any recommended changes to the
conditions would be subject to final approval by the Board of Supervisors.
ADDRESSING PAST & FUTURE CHANGES IN THE REGULATORY & PERMITTING FRAMEWORK
Certain Land Use Permit conditions of approval were drafted to mirror requirements specified in various laws.
Some of these laws have been revised, replaced or repealed in the intervening decades since the 1990 approval.
Numerous of these regulatory requirements have since been incorporated into the permits enforced by County
Environmental Health as well as regional and state agencies. There are also many areas of overlap with permits
issued by other agencies that regulate Keller Canyon Landfill. Generally, DCD defers to other permitting or
regulatory agency oversight and determinations on matters for which they have primary jurisdictional authority
and responsibility, consistent with LUP Condition 11.11.
The County anticipated the need to retain some flexibility to adapt Keller Canyon Landfill’s LUP to changing
requirements as is evidenced in Condition 11.11. Condition 11.11 states the following:
“Several of these Conditions of Approval relate, paraphrase or summarize laws and regulations which are
imposed and enforced by other governmental agencies which have jurisdiction over particular aspects of this
project. It is this Board's intent in adopting these Conditions of Approval to provide the applicant and the public
with an overview of the scope of regulation applicable to this project and to provide this County with enforcement
power if such laws and regulations enforced by other agencies are violated. Unless specifically stated in the
Conditions of Approval, however, it is not this Board's intent to establish rules or regulations which are stricter
than the laws or regulations which are applied to this project by the other agencies with jurisdiction over aspects
of this project. If another agency primarily responsible for some aspect of this project finds that any action or
inaction is in compliance with, or violates, any such law or regulation, that finding shall be conclusive. If these
Conditions of Approval require some approval by any other agency and that agency declines to approve or
disapprove the subject matter, such approval shall be deemed to have been given for purposes of these Conditions
of Approval.”
The County is not obligated to officially modify local permit conditions in response to changes in regulations
enforced by other agencies. Consistent with the intent of Condition 11.11, the implementation of the LUP is
adapted administratively when deemed necessary in order to respond to changing requirements imposed by State
or Federal legislation as well as the courts.
ONGOING MONITORING OF LUP IMPLEMENTATION AND COMPLIANCE
DCD staff evaluated compliance of each condition required to be met prior to construction and operation of the
Keller Canyon Landfill during the final development plan process. DCD, Environmental Health, acting as the
Local Enforcement Agency, and the RWQCB have ongoing roles in reviewing and approving various aspects of
the Keller facility, including but not limited to, operational matters and requests to construct the liner and
underdrain system for each new waste cell proposed as individual phases. DCD and Environmental Health
respond to complaints associated with the applicable landfill requirements if/when they are received.
Environmental Health acts as the enforcement lead to help assure permit compliance, consistent with County Code
Section 418-4.018. DCD primarily relies on County Environmental Health for operational compliance issues, a
key element of monitoring landfill operations compliance involves conducting unannounced inspections which
occurs on a monthly basis.
DCD’s monitoring of Keller Canyon Landfill’s LUP compliance predominantly addresses requirements that are
either:
triggered by a one-time or periodic action or event, including requests/proposals submitted by the operator
(e.g. proposed construction of the next waste cell within the permitted footprint which is being constructed
in phases as provided for in the LUP conditions), or
non-operational matters that primarily involve submittals/documentation, some of which relate to or
supplement provisions in Keller’s Franchise Agreement (e.g. fees, reporting, etc.)
DCD staff has elected to proactively monitor Keller Canyon Landfill operations on a routine basis for two specific
nuisances even though it is not required to do so because the associated requirements overlap those enforced by
Environmental Health or the Air District. DCD established the additional routine monitoring that is now in place
in 2009, following several problematic odor and litter incidents that had occurred between 2006-2008.
Specifically, DCD's Code Enforcement staff conducts routine (unannounced) site visits in the vicinity of the
landfill to ensure the landfill is being operated in compliance with the LUP conditions pertaining to litter and
odor. The frequency of these site visits varies based on determined need. During each site visit, the DCD inspector:
confirms whether or not the facility can be smelled off-site from the facility gate (Condition 20.2)
confirms whether accumulated litter is being removed within the required frequency from West Leland
Road to about 500 feet south of the site (Condition 25.8)
Since the routine monitoring process was put in place in 2009, DCD has not identified any odor or litter incidents
warranting issuance of any additional notices of violation.
DCD is also working with Keller Canyon Landfill to formalize a cost effective annual reporting process to ensure
compliance status is routinely documented in the future. This annual reporting process is being designed to help
institutionalize a system that fosters ongoing accountability.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board not accept the status report about the Keller Canyon Landfill Land Use Permit review process,
Should the Board not accept the status report about the Keller Canyon Landfill Land Use Permit review process,
County staff would proceed with completing the Permit Review process consistent with the Board approved
Permit Review Criteria unless the Board directs otherwise.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
Speakers: Monica White, California Compost Coalition; Dana Dean, representing California Compost
Coalition (handout attached).
Wilson F. Wendt, Miller Starr Regalia, representing Mt. Diablo Recology, LLC, did not speak but provided
written comments for the Board's consideration (attached).
ACCEPTED report and associated attachments addressing the outstanding issues related to the Keller Canyon
Landfill identified or presented during the Board of Supervisors meeting on February 25, 2014; ACCEPTED
status report regarding progress of the Keller Canyon Landfill Land Use Permit Review Process currently
underway; DIRECTED the letter from Miller, Star, Regalia be included in the record; DIRECTED staff to
schedule for the Board's discussion (not on consent) the completed report and recommendations from the
August hearing at the Planning Commission; DIRECTED staff to meet with, review and respond to the letter
submitted by the Law Offices of Dana Dean; and DIRECTED that the report brought before the Board include
the response to Dana Dean, further information on Title 27, as it relates to alternative daily cover, for greater
understanding, and information on best-practices in jurisdictional authority and enforcement in regard to
whether that be the County or another agency.
ATTACHMENTS
A - Keller Canyon Landfill Land Use Permit Conditions of Approval
B - Keller Canyon Landfill Permit Review Criteria
C - Responses to February 11, 2014 Letter
D - Responses about Specified Conditions of Approval
E - Response to February 18. 2014 letter
F - Responses to February 25, 2014 Letter
G - Implementation & Mitigation Monitoring Program
H - Republic Services Reponse about EPA ECHO Database Report
I - Recommended Changes to the Conditions of Approval in 1994
LAND USE PERMIT 2020-89
CONDITIONS OF APPROVAL
KELLER CANYON LANDFILL
Approved by the
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
JULY 24, 1990
Amended by the:
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
NOVEMBER 1, 1994 (Amendment 1)
JUNE 25, 2002 (Amendment 2)
Page i
TABLE OF CONTENTS
1. SHORT TITLE ..........................................................................................................9
1.1 Short Title .................................................................................................................9
2. RESPONSIBILITY ...................................................................................................9
2.1 Ultimate Responsibility .............................................................................................9
2.2 Transfer of Ownership ..............................................................................................9
3. COMPLIANCE .........................................................................................................9
3.1 Compliance Objective...............................................................................................9
3.2 Design Standard .......................................................................................................9
3.3 State Minimum Standards ........................................................................................9
3.4 Land Use Permits .....................................................................................................9
3.5 Solid Waste Facilities Permit ..................................................................................10
3.6 Subchapter 15 ........................................................................................................10
3.7 Other Regulatory Agencies' Requirements ............................................................10
3.8 Utilities, Service Districts, and Government Agencies' Requirements ....................10
3.9 Notice Coordination ................................................................................................10
3.10 Monitoring and Inspection ......................................................................................10
3.11 Master Chart ...........................................................................................................10
4. VALIDITY PERIOD .................................................................................................10
4.1 Validity Period .........................................................................................................10
4.2 Operative Date .......................................................................................................11
5. SERVICE AREA......................................................................................................11
5.1 Area of Origin .........................................................................................................11
5.2 Out-of-County Wastes............................................................................................11
5.3 Sub-County Service Area .......................................................................................11
5.4 Reciprocal Capacity Agreement .............................................................................11
5.5 Pre-Requisite Curbside Recycling Program ...........................................................11
6. ELIGIBLE AND INELIGIBLE WASTES .................................................................12
6.1 Eligible Wastes .......................................................................................................12
6.2 Designated Wastes ................................................................................................12
6.3 Infectious Wastes ...................................................................................................12
6.4 Ineligible Wastes ....................................................................................................12
6.5 Emergency Use ......................................................................................................13
6.6 Hazardous Waste Screening and Management.....................................................13
6.7 Area of Origin Restrictions......................................................................................13
7. LOAD INSPECTION ...............................................................................................13
7.1 Eligible Vehicles and Loads ....................................................................................13
7.2 Load Covering ........................................................................................................13
8. ELIGIBLE REFUSE TRANSPORT VEHICLES .....................................................13
8.1 Eligible Vehicles......................................................................................................13
Page ii
8.2 Service Area Restriction .........................................................................................14
8.3 Emergency Exemption ...........................................................................................14
8.4 Reciprocal Use Exemption .....................................................................................14
9. OPERATING PARAMETERS .................................................................................14
9.1 Hours of Operation .................................................................................................14
9.2 Operating Days.......................................................................................................15
9.3 Maximum Daily Tonnage ........................................................................................15
9.4 Minimum Buffer Zone .............................................................................................15
9.5 Special Buffer Area.................................................................................................15
9.6 Dedication of Special Buffer Area...........................................................................15
10. WASTE MEASUREMENT AND CHARACTERIZATION .......................................16
10.1 Volume Estimation..................................................................................................16
10.2 Scales .....................................................................................................................16
10.3 Waste Characterization ..........................................................................................16
11. ADMINISTRATION .................................................................................................16
11.1 Permit Review ........................................................................................................16
11.2 Local Advisory Com ................................................................................................16
11.3 Insurance and/or Bonding ......................................................................................17
11.4 Notification Program ...............................................................................................17
11.5 Development Coordinator.......................................................................................17
11.6 Compliance and Mitigation Monitoring Program .....................................................17
11.7 Pre-Annexation Notification ....................................................................................18
11.8 Fee and Surcharge Identification............................................................................18
11.9 Interpretation of Conditions ....................................................................................18
11.10 Conditions Requiring Franchise .............................................................................18
11.11 Regulations Enforced by Other Agencies...............................................................18
11.12 Required Expenditures ...........................................................................................19
11.13 Designation of Authority .........................................................................................19
12. RATE REVIEW .......................................................................................................19
12.1 Rate Approval .........................................................................................................19
12.2 Rate Review ...........................................................................................................19
12.3 Form and Content of Rate Review Application .......................................................19
12.4 Rate Application Guidelines....................................................................................20
12.5 Financial Statement ................................................................................................20
12.6 Scope of Rates .......................................................................................................20
13. FRANCHISE AGREEMENT ...................................................................................20
13.1 Franchise Compliance and Agreement ..................................................................20
13.2 Assignment .............................................................................................................20
13.3 Contents .................................................................................................................21
13.4 Requirement ...........................................................................................................21
13.5 County Discretion ...................................................................................................21
14. LAND USE PERMIT PLAN CONSTITUENTS .......................................................21
14.1 Initial Development and Improvements Plan ..........................................................21
14.2 Regulatory Agency Approvals ................................................................................22
Page iii
14.3 Improvements Requirements .................................................................................22
15. DEVELOPMENT AND IMPROVEMENTS PLAN ...................................................22
15.1 Final Development and Improvements Plan...........................................................22
15.2 In approving the Development and Improvements Plan.........................................23
16. SLOPE AND SEISMIC STABILITY ........................................................................23
16.1 Landfill Slopes Objective ........................................................................................23
16.2 Seismic Design .......................................................................................................23
16.3 Landslide Study ......................................................................................................24
16.4 Geotechnical Inspector ...........................................................................................24
16.5 Landfill Design Stability...........................................................................................24
16.6 Slope Monitoring .....................................................................................................24
16.7 Settlement Program ...............................................................................................24
16.8 Post-Earthquake Program ......................................................................................24
16.9 Settlement Pond Embankment Design ..................................................................25
16.10 Settlement Pond(s) Monitoring Program ................................................................25
16.11 Stockpile Stability....................................................................................................25
16.12 Unstable Areas .......................................................................................................25
17. GROUNDWATER PROTECTION ..........................................................................25
17.1 Groundwater Protection Objective..........................................................................25
17.2 Landfill Liner ...........................................................................................................25
17.3 Leachate Collection System ...................................................................................25
17.4 Surface Drainage System ......................................................................................26
17.5 Groundwater Monitoring .........................................................................................26
17.6 Downstream Well Monitoring .................................................................................26
17.7 Baseline Water Characterization ............................................................................26
17.8 Liquid Waste Disposal ............................................................................................26
17.9 Drainage Grading ...................................................................................................27
17.10 Leachate Management ...........................................................................................27
17.11 Water Balance Calculations ...................................................................................27
17.12 Leachate Holding Tanks.........................................................................................27
17.13 On-Site Water Supply Wells ...................................................................................27
17.14 Off-Site Water Well Contamination ........................................................................27
17.15 Liner Installation Inspection ....................................................................................28
17.16 Secondary Containment .........................................................................................28
17.17 Working Face .........................................................................................................28
18. SURFACE WATER PROTECTION ........................................................................28
18.1 Surface Water Protection Objective .......................................................................28
18.2 Surface Drainage System ......................................................................................28
18.3 Creek Protection .....................................................................................................28
18.4 Surface Water Management and Sediment Control Plan ......................................28
18.5 Monitoring ...............................................................................................................30
19. HAZARDOUS WASTE............................................................................................30
19.1 Hazardous Waste Ineligible ....................................................................................30
19.2 Load Inspection ......................................................................................................30
19.3 Household Hazardous Waste Program ..................................................................30
Page iv
19.4 Transfer Station Pre-screening ..............................................................................31
19.5 Regulatory Agency Approvals ................................................................................31
20. AIR QUALITY PROTECTION .................................................................................31
20.1 Prevention of Air Quality Deterioration ...................................................................31
20.3 Cover Frequency....................................................................................................31
20.4 Odoriferous Loads ..................................................................................................32
20.5 Dust Suppressants .................................................................................................32
20.6 Area of Operations .................................................................................................32
20.7 Air Flow Monitoring .................................................................................................32
20.8 Contingency Program .............................................................................................32
20.9 Revegetation ..........................................................................................................32
20.10 Tree and Shrub Planting.........................................................................................32
20.11 Gas Control and Collection .....................................................................................33
20.12 Landfill Gas Processing ..........................................................................................33
20.13 Methane Recovery .................................................................................................33
20.14 Gas Monitoring .......................................................................................................33
20.15 Lateral Gas Barriers ...............................................................................................33
20.16 Settlement Protection .............................................................................................34
20.17 Landfill Gas Testing ................................................................................................34
20.18 Leachate Disposal ..................................................................................................34
20.19 Cell Re-Opening .....................................................................................................34
20.20 Fissure Repair ........................................................................................................34
20.21 Permanent Road Paving ........................................................................................34
20.22 Temporary Road Paving.........................................................................................34
20.23 Speed Limits ...........................................................................................................34
20.24 Equipment Maintenance .........................................................................................34
21. NOISE CONTROL ..................................................................................................35
21.1 Noise Control Objective ..........................................................................................35
21.2 Noise Monitoring Program ......................................................................................35
21.3 Toe Berm ................................................................................................................35
21.4 Mitigation/Lift-Level Berms .....................................................................................35
21.5 Construction Hours .................................................................................................35
21.6 Truck Noise Suppression .......................................................................................35
21.7 Landfill Vehicles ......................................................................................................35
21.8 Gas Flare Muffling ..................................................................................................36
22. VISUAL QUALITY ...................................................................................................36
22.1 Visual Quality Objective ..........................................................................................36
22.2 Landscape Plan ......................................................................................................36
22.3 Toe Berm ................................................................................................................36
22.4 Mitigation Berms .....................................................................................................36
22.5 Lawlor Creek Corridor Plan ....................................................................................36
22.6 Entrance Screening ................................................................................................37
22.7 Jacqueline Drive Terminus .....................................................................................37
22.8 Auxiliary Facilities Screening ..................................................................................37
22.9 Architectural Treatment ..........................................................................................37
22.10 Area of Operations .................................................................................................37
22.11 Interim Revegetation ..............................................................................................37
Page v
22.12 Water Tank Screening ...........................................................................................37
22.13 Final Cover .............................................................................................................37
22.14 Lighting ...................................................................................................................37
23. AGRICULTURAL AND BIOTIC RESOURCES ......................................................38
23.1 Biotics Protection Objectives ..................................................................................38
23.2 Range Management Plan .......................................................................................38
23.3 Lawlor Creek Corridor Restoration Plan .................................................................38
23.4 Sandstone Outcrop Area ........................................................................................39
23.5 Weed Control Program ..........................................................................................39
23.6 Phased Construction ..............................................................................................39
23.7 Vegetation Protection .............................................................................................39
23.8 Wildlife Exclusion and Vector Control.....................................................................40
23.9 Supplemental Wildlife Surveys ...............................................................................40
24. BIRD AND VECTOR CONTROL ............................................................................40
24.1 Bird and Vector Control Objective ..........................................................................40
24.2 Soil Cover Frequency .............................................................................................40
24.3 Working Face .........................................................................................................40
24.4 Bird Control.............................................................................................................40
24.5 Rodent Control .......................................................................................................41
24.6 Mosquito Control ....................................................................................................41
24.7 Fly Control ..............................................................................................................41
25. LITTER CONTROL .................................................................................................41
25.1 Litter Control Objective ...........................................................................................41
25.2 Load Covering ........................................................................................................41
25.3 Load Cover Enforcement .......................................................................................41
25.4 Contingency Litter Control ......................................................................................42
25.5 Portable Litter Fences ............................................................................................42
25.6 Permanent Litter Fence ..........................................................................................42
25.7 On-Site Liter Policing ..............................................................................................42
25.8 Off-Site Litter Policing .............................................................................................42
25.9 Littering Signs .........................................................................................................42
25.10 Clean-Up Bond .......................................................................................................42
25.11 Public access..........................................................................................................42
26. PUBLIC HEALTH AND SAFETY ...........................................................................43
26.1 Safety Objective .....................................................................................................43
26.2 Emergency Plan .....................................................................................................43
26.3 Employee Safety Equipment ..................................................................................43
26.4 Employee Training..................................................................................................43
26.5 First Aid Equipment ................................................................................................43
26.6 Emergency Communications .................................................................................43
26.7 Emergency Eye Baths and Showers ......................................................................43
26.8 Equipment Maintenance .........................................................................................44
26.9 Gas Migration Monitoring .......................................................................................44
26.10 Refuse Cover..........................................................................................................44
26.11 Load Inspection ......................................................................................................44
Page vi
27. SITE SECURITY .....................................................................................................44
27.1 Security Objective ...................................................................................................44
27.2 Security Fencing .....................................................................................................44
27.3 Security Staffing .....................................................................................................44
27.4 Security Lighting .....................................................................................................44
28. CULTURAL RESOURCES .....................................................................................44
28.1 Cultural Resource Preservation Objective ..............................................................44
28.2 Employee Access ...................................................................................................45
28.3 Archaeology............................................................................................................45
29. TRANSPORTATION AND CIRCULATION ............................................................45
29.1 Traffic Objective .....................................................................................................45
29.2 Access Route .........................................................................................................45
29.3 Landfill Access Road ..............................................................................................45
29.4 Landfill Entrance .....................................................................................................46
29.5 Bailey Road, Pittsburg city limits to the Landfill Entrance .......................................46
29.6 Bailey Road Pavement Study .................................................................................46
29.7 Road Maintenance .................................................................................................46
29.8 Highway 4/Bailey Road Interchange ......................................................................47
29.9 Peak Period Traffic Management ...........................................................................47
29.10 Bicycle and Pedestrian Improvements ...................................................................47
30. SITE SERVICES AND UTILITIES PLAN ...............................................................47
30.1 Final Site Services and Utilities Plan ......................................................................48
30.2 Water Service Component .....................................................................................48
30.3 On-site Water Wells ...............................................................................................48
30.4 Public Water Supply Option ...................................................................................48
30.5 Fire Protection Component.....................................................................................48
30.6 Fire District Programs .............................................................................................49
30.7 Construction Timing................................................................................................49
30.8 On-Site Water Storage ...........................................................................................49
30.9 Fire Fighting Water Main ........................................................................................49
30.10 Fire Cover ...............................................................................................................49
30.11 Fire Fighting Appliance ...........................................................................................49
30.12 Fire Breaks .............................................................................................................49
30.13 Fire Extinguishers ...................................................................................................49
30.14 Use of Reclaimed Water for Landscaping ..............................................................50
30.15 Equipment and Cleaning ........................................................................................50
30.16 Smoldering Loads...................................................................................................50
30.17 Emergency Equipment Access ..............................................................................50
30.18 Smoking Prohibitions ..............................................................................................50
30.19 Toilets .....................................................................................................................50
30.20 On-site Septic System ............................................................................................50
30.21 Sewer Line..............................................................................................................50
31. WASTE REDUCTION AND RESOURCE RECOVERY ........................................50
31.1 Waste Reduction and Resource Recovery Objective ............................................50
31.2 1990-1995 Resource Recovery Program ...............................................................51
Page vii
31.3 1996-2000 Resource Recovery Program ...............................................................51
31.4 Materials Recovery .................................................................................................51
31.5 Composting Project ................................................................................................51
31.6 Wood Chipping .......................................................................................................51
31.7 Methane Recovery .................................................................................................52
31.8 Equipment Maintenance .........................................................................................52
31.9 County Resource Recovery Management Program ...............................................52
31.10 Fund Recovery .......................................................................................................52
32. CONSTRUCTION ACTIVITIES AND CONDITIONS ..............................................52
32.1 Hours of Construction .............................................................................................52
32.2 Exemption...............................................................................................................52
32.3 Access Roads.........................................................................................................52
32.4 Phasing Plan ..........................................................................................................53
32.5 Unstable areas .......................................................................................................53
32.6 Dust Suppression ...................................................................................................53
33. CLOSURE AND POSTCLOSURE MAINTENANCE..............................................53
33.1 Submittal of Plan ....................................................................................................53
33.2 Funding of Closure and Postclosure Maintenance Plan .........................................53
33.3 Revision to Plan and Cost Estimates .....................................................................54
33.4 Staged Closure of the Landfill ................................................................................54
33.5 Use of Landfill Following Closure ...........................................................................54
33.6 Postclosure Maintenance .......................................................................................54
34. ABANDONED VEHICLE STORAGE .....................................................................54
34.1 Storage Requirement .............................................................................................54
34.2 Off-site Storage Option...........................................................................................54
35. SPECIAL CONDITIONS OF APPROVAL ..............................................................55
35.1 Transportation System Impact Fee ........................................................................55
35.2 Open Space and Agricultural Preservation Fee .....................................................55
35.3 Property Value Compensation Program .................................................................55
35.4 Resource Recovery Program Fee ..........................................................................55
35.5 Violation of Prescribed Haul Route .........................................................................56
35.6 Direct Property Acquisition Study ...........................................................................56
35.7 Adjoining Sites ........................................................................................................56
35.8 Mitigation Fee .........................................................................................................56
36. LANDFILL GAS POWER PLANT ..........................................................................57
36.1 Power Plant Design ................................................................................................57
36.2 Ultimate Responsibility ...........................................................................................57
36.3 Keller Canyon Landfill Land Use Permit .................................................................57
36.4 Violation/Revocation ...............................................................................................57
36.5 System Safety ........................................................................................................57
36.6 Equipment and System Monitoring.........................................................................57
36.7 Engines...................................................................................................................58
36.8 Hazardous Materials ...............................................................................................58
36.9 Emergency Response ............................................................................................58
36.10 Notification of Plant Upset or Accidental Release ..................................................58
Page viii
36.11 Stormwater Pollution Prevention Plan (SWPPP)....................................................58
36.12 Facility Design ........................................................................................................58
36.13 Power Plant Landscape Plan .................................................................................58
36.14 Construction ...........................................................................................................58
36.15 Material Recycling..................................................................................................58
36.16 Implementation & Compliance Monitoring..............................................................59
36.17 Surcharge...............................................................................................................59
Page 9
1. SHORT TITLE
1.1 Short Title. The Keller Canyon Landfill project is henceforth referred to in
this document as the Landfill.
2. RESPONSIBILITY
2.1 Ultimate Responsibility. The conditions of approval identify the Landfill
developer as the party responsible for implementing conditions involving
construction and improvements, and the Landfill operator for implementing
conditions involving maintenance and management. Regardless of these
identifications, the Landfill owner shall be responsible for complying with all
conditions.
2.2 Transfer of Ownership. The Land Use Permit for the Landfill shall run with
the land; however, a new owner shall be responsible for notifying the
County Community Development Department of any change in ownership.
A change in ownership shall be interpreted to mean the acquisition of 5
percent or more of the value of the Landfill site covered by this Land Use
Permit. (It is noted that other permits may not necessarily run with the
land.)
3. COMPLIANCE
3.1 Compliance Objective. The Landfill developer and operator shall at all
times comply with the requirements of laws and permits applicable to the
facility.
3.2 Design Standard. The Landfill developer shall design the Landfill facility to
meet the requirements of the San Francisco Regional Water Quality Control
Board for a Class II waste disposal facility.
3.3 State Minimum Standards. The operation and maintenance of this facility
shall at all times comply with Minimum Standards for Solid Waste Handling
and Disposal (California Administrative Code, Title 14, Division 7, Chapter
3).
3.4 Land Use Permits. The Landfill developer and operator shall at all times
comply with the provisions and requirements of this Land Use Permit. A
violation of any of these conditions is cause for revocation of the Land Use
Permit.
Page 10
3.5 Solid Waste Facilities Permit. The Landfill operator shall conform with all
provisions and requirements of the Landfill's Solid Waste Facilities Permit,
which is based on the guidelines of the California Integrated Waste
Management Board.
3.6 Subchapter 15. The Landfill operator shall at all times comply with the
provisions and requirements of Subchapter 15 of Chapter 3 of Title 23 of
the California Administrative Code ("Subchapter 15") for a Class II waste
disposal facility.
3.7 Other Regulatory Agencies' Requirements. The Landfill operator shall at
all times comply with the provisions and requirements of other regulatory
agencies having jurisdiction over the facility.
3.8 Utilities, Service Districts, and Government Agencies' Requirements. The
Landfill developer or operator shall at all times comply with the regulations
and requirements of utilities, districts, or agencies which have jurisdiction
over the installation of improvements or provide services to the landfill.
3.9 Notice Coordination. Copies (or originals) of all reports to other agencies
concerning the design, operation, and maintenance of the Landfill facility
shall be sent by mail or hand-delivery, to the Community Development
Department, 651 Pine Street, 4th Floor North Wing, Martinez, CA 94553-
0095.
3.10 Monitoring and Inspection. All monitoring reports and results of inspection
or analysis shall be made available to the County Health Services and
Community Development Departments. Any indication of an emergency or
other serious problem relating to public health and safety shall be reported
at once.
3.11 Master Chart. The Landfill operator will maintain for reference a master
chart showing schedules and results of preparation, operation, monitoring
and reporting in all major phases of the facility.
4. VALIDITY PERIOD
4.1 Validity Period. The Landfill developer shall install pre-requisite
improvements and open the Landfill for receiving refuse within three years
of the final approval of the project's Solid Waste Facilities Permit. This
validity period shall be tolled while any appeal filed by parties other than the
Landfill developer is pending. The Landfill developer may request from the
Director of Community Development one or more one-year extensions of
the Land Use Permit. If the Land Use Permit is not implemented within the
specified time, it shall become null and void. The Director of Community
Page 11
Development may allow each one-year extension if the Director finds that
there are changed circumstances which warrant the consideration of
changes to the Conditions of Approval.
4.2 Operative Date. This Land Use Permit is valid upon approval by the Board
of Supervisors. However, it shall not become operative until and unless the
permittee (landfill owner, etc.) first obtains and the Board of Supervisors
grants a franchise to or approves an agreement with permittee (see Section
13, Franchise Agreements).
5. SERVICE AREA
5.1 Area of Origin. The area of origin of all waste hauling vehicles admitted to
the landfill, shall be Contra Costa County. The Landfill operator shall not
refuse to receive eligible wastes which originate in Contra Costa County
provided such wastes are delivered to the facility in accordance with these
Conditions of Approval and the landfill's Solid Waste Facilities Permit, and
provided that appropriate disposal fees are paid.
5.2 Out-of-County Wastes. The Landfill operator shall not receive wastes from
outside Contra Costa County unless such imports of waste are specifically
approved by the Board of Supervisors. This condition shall not apply to
wastes which may be temporarily received under the Emergency Use
provisions of Condition 6.5 or the Reciprocal Capacity Agreement of
Condition 5.4.
5.3 Sub-County Service Area. If there is more than one Class II or Class III
landfills operating in Contra Costa County, the Board of Supervisors may
establish sub-County service areas for each on a temporary or long-term
basis. If the Board has established a sub-County service area for the
Landfill, the operator shall not accept waste for disposal from outside such
area.
5.4 Reciprocal Capacity Agreement. The Landfill operator shall receive waste
from outside Contra Costa County if in accordance with the terms and
conditions of a Reciprocal Capacity Agreement entered into by Contra
Costa County with another county. Waste shall be received upon
reasonable notice to the Landfill operator and the Board of Supervisors and
direction by the Board to the Landfill operator as to the terms and conditions
under which the waste will be received. The Board may specify disposal
charges which are applicable only to the waste received under the
Reciprocal Capacity Agreement.
5.5 Pre-Requisite Curbside Recycling Program. The Landfill shall not admit or
dispose of waste loads from communities which do not have in operation a
Page 12
curbside recycling, or equivalent, program approved by the Board of
Supervisors. Board of Supervisors approval may be interpreted as a
consistency with a Board of Supervisors-approved Countywide Integrated
Waste Management Plan. The Board of Supervisors may determine the
eligibility of a community's program.
6. ELIGIBLE AND INELIGIBLE WASTES
6.1 Eligible Wastes. The Landfill operator shall allow only wastes eligible for
disposal in a Class II facility, as defined by the Regional Water Quality
Control Board to be admitted to the landfill. The wastes admitted to the
landfill shall also be consistent with the Solid Waste Facilities Permit,
administered by the County Health Services Department, and consistent
with the Board of Supervisors' policies and these conditions of approval. To
the extent allowed by law, the Board of Supervisors may direct the Landfill
operator not to accept wastes that do not meet State and County policies
and regulations.
6.2 Designated Wastes. The Landfill operator shall allow only those
designated wastes (as defined by Section 2522 of Article 2 of Subchapter
15, of Title 23, of the California Administrative Code) approved for this
facility by the San Francisco Regional Water Quality Control Board, and
shall be consistent with the Solid Waste Facilities Permit to be admitted for
disposal. The Board of Supervisors may designate special rates for this
waste.
6.3 Infectious Wastes. The Landfill operator shall accept only those infectious
wastes identified in, and disposed of in accordance with the Solid Waste
Facilities Permit.
6.4 Ineligible Wastes. The Landfill operator shall not allow the following wastes
to be disposed at the landfill:
a) Hazardous or toxic wastes.
b) Radioactive wastes.
c) Liquid wastes, other than utility sludges meeting Regional Water
Quality Control Board requirements.
d) Other ineligible wastes specified in the Solid Waste Facilities permit
administered by the County Health Services Department.
Page 13
6.5 Emergency Use. If the service area of the Landfill is determined to be a
sub-area of the County, the County Health Services Department may allow
legal waste originating in areas of Contra Costa County, other than those
stipulated in Section 5, to have access to the landfill for periods up to 180
days on an emergency basis. The department may grant one extension for
no longer than 180 days. The Board of Supervisors may allow the
emergency use of the landfill to continue for a period up to two years.
6.6 Hazardous Waste Screening and Management. See Condition 19.
6.7 Area of Origin Restrictions. See Condition 5.
7. LOAD INSPECTION
7.1 Eligible Vehicles and Loads. The Landfill operator shall screen loads to
limit to the extent practicable the intake of ineligible waste. Prior to
receiving waste, the Landfill operator shall prepare in writing a program for
identifying eligible vehicles and screening loads at the Landfill entrance,
random sampling and inspection for ineligible wastes, and checking loads at
the Landfill disposal area. The Load Inspection program shall include
inspection for hazardous wastes and procedures for their handling and off-
site disposal consistent with the Contra Costa County Hazardous Waste
Management Plan. The program shall be subject to the approval of the
County Health Services Department and the County Community
Development Department.
7.2 Load Covering. The Landfill operator shall spot check all incoming waste-
hauling vehicles for proper covering or containerization. The operator shall
not admit waste loads which are susceptible to littering or leakage because
of the lack of covering, inadequate covering, or disrepair of screens or
containers.
8. ELIGIBLE REFUSE TRANSPORT VEHICLES
8.1 Eligible Vehicles. The Landfill operator shall admit only the following refuse
transport vehicles:
a) Transfer station trucks (vans) from a transfer station located in
Contra Costa County. Transfer stations shall have a Waste
Management Program, which includes hazardous waste screening
and resource recovery operations, approved by the Board of
Supervisors.
b) Demolition and construction material trucks originating in Contra
Page 14
Costa County. If the Board of Supervisors has established waste
reduction goals for the businesses and industries generating such
wastes, the generators shall comply with such goals.
c) Incinerated sewage sludge-hauling trucks originating at utilities
located in Contra Costa County, or other utilities serving Contra
Costa County.
d) Sewage and water treatment plant sludge trucks originating in
Contra Costa County, with loads complying with San Francisco
Regional Water Quality Control Boards solids-to-liquid requirements.
e) Trucks hauling Designated Wastes approved for this landfill by the
Regional Water Quality Control Board. The wastes shall originate in
Contra Costa County.
f) Other specialized waste transport trucks, hauling wastes originating
in Contra Costa County and identified in the Landfill's Solid Waste
Facilities Permit.
8.2 Service Area Restriction. See Section 5.
8.3 Emergency Exemption. See Condition 6.5.
8.4 Reciprocal Use Exemption. See Condition 5.4.
9. OPERATING PARAMETERS
9.1 Hours of Operation. The Landfill operator shall not open the landfill to
receive waste loads before 7:00 a.m. or after 7:30 p.m. Refuse shall be
covered by 7:30 p.m. at which time working lights shall be extinguished.
Entry and security lights shall be dimmed at 7:30 p.m. Other hours of
operation, within those parameters, may be specified by the County Health
Services Department in the Landfill's Solid Waste Facilities Permit. Special
loads may be received at other times in accordance with procedures
established by the County Health Services Department.
The Director of Community Development may administratively shorten or
extend the hours of operations prescribed above after consultation with the
Landfill operator, the County Health Services Department, and the Local
Advisory Committee, after holding a public hearing to obtain the comments
of other interested parties. To shorten the hours of operation, the Director
of Community Development shall find that the changes are needed to
mitigate substantial noise, traffic, or similar impacts arising from the
operation of the Landfill which were not known when this Land Use Permit
was adopted. To extend the hours of operation, the Director of Community
Development shall find that longer hours will not cause traffic, noise, glare,
Page 15
or similar impacts of Landfill operations to substantially increase in the
vicinity of the Landfill.
9.2 Operating Days: The landfill shall remain open for operation six days a
week. It shall close on Sundays.
9.3 Maximum Daily Tonnage. The landfill may accept for disposal a maximum
of 3,500 tons of refuse per day through the year 2005. The Board of
Supervisors shall review and revise, if necessary, the maximum allowable
tonnages per day, prior to the year 2005. If the Board establishes sub-
County service areas, maximum tonnages for each landfill shall be prorated
to reflect their service areas. The Board may increase the maximum daily
tonnages, if necessary, to reflect Reciprocal Capacity Agreements or
emergency measures.
9.4 Minimum Buffer Zone. The Landfill developer shall reserve a minimum
buffer of 2,000 feet from the closest place of permanent waste placement to
the closest existing residence on Jacqueline Drive.
9.5 Special Buffer Area. No residential housing shall be permitted at any time
in the special buffer area. See Condition 23.2.
9.6 Dedication of Special Buffer Area. At the time of the submission of the
landfill's Development and Improvement Plan, pursuant to Government
Code Section 7050, the landfill owner shall offer to dedicate the fee title of
the land within the Special Buffer Area to the County of Contra Costa for
recordation. The County may accept the fee title and complete the
dedication subsequent to the opening of the landfill for the disposal of
waste. In making the offer of dedication the Landfill owner may reserve the
rights to carry out mitigation programs required by these Land Use Permit
Conditions of Approval, and as may be further detailed in implementation
plans required to be prepared by these Conditions within the Special Buffer
Area. The Landfill operator may perform grading and make installations,
such as drainage ditches within the Special Buffer Area related to the
landfill facility, provided that the grading and installations are consistent with
the approved final Development and Improvements Plan and do not impair
the capability of the Area to accommodate agricultural grazing and provide
habitat mitigation consistent with these Conditions of Approval. Similarly,
the Landfill operator shall be allowed to carry out closure and post-closure
activities related to the landfill or the Special Buffer Area provided that such
activities are consistent with a County-approved closure plan and with the
uses of the land allowed by these Conditions of Approval.
The County may require the Landfill operator to maintain the Special Buffer
Area, subsequent to dedication, at the operator's expense. Maintenance
shall include security, weed control, erosion control and the provision of fire
Page 16
trails.
10. WASTE MEASUREMENT AND CHARACTERIZATION
10.1 Volume Estimation. The Landfill operator shall submit topographic maps of
the landfill and a report of capacity absorption and fill rates to the
Community Development Department every two years on the anniversary
date of the landfill's opening. The Landfill operator shall also submit an
initial topographic map prior to receiving wastes.
10.2 Scales. The Landfill developer shall install certified scale(s) at the landfill to
weigh incoming and outgoing trucks. A weighing program, subject to
approval by the County Department of Health Services and Director of
Weights and Measures, shall be implemented to monitor incoming wastes.
10.3 Waste Characterization. The Landfill operator shall participate with transfer
station operators serving the landfill in a program to characterize incoming
wastes by type, amount, and originating community and perform detailed
load inspections on vehicles according to a program specified by the
County Community Development Department and County Health Services
Department. Reports shall be submitted to the County on a quarterly basis.
11. ADMINISTRATION
11.1 Permit Review. The Board of Supervisors will hold annual public hearings
to review the Conditions of Approval for this Land Use Permit for three
years beginning one year after the commencement of operations of the
Landfill. The Board may refer proposed changes to the Land Use Permit to
the County Planning Commission for processing. Thereafter, the County
Planning Commission shall hold public hearings on the Land Use Permit at
three-year intervals. As a result of a review and public hearing, the County
Planning Commission may recommend to the Board of Supervisors new or
modified conditions to improve the public health, safety, and welfare.
Nothing in this condition shall preclude the Landfill owner from applying for
amendments to the Land Use Permit at any time or preclude the County
from addressing emergency situations or new requirements imposed by
State or Federal legislation or the courts.
11.2 Local Advisory Committee. The Community Development Department
shall organize, and the Landfill developer shall participate in a local advisory
committee, consisting of elected representatives of local residents and
neighborhood associations, to comment and advise on the development of
the landfill and its operations. The Board of Supervisors may sanction the
Local Advisory Committee as an official County committee. The committee
Page 17
shall be established as soon as reasonably possible after the Board of
Supervisors' approval of this Land Use Permit, if such approval is
forthcoming. Meetings shall be initiated following the approval of a Land
Use Permit and shall be held at least quarterly through the first two years of
landfill operation. Subsequently, meetings may be held annually, but with
the provision for meetings on call by the chair or the written request of 3 or
more members. The County Health Services Department shall be notified
at least 10 days in advance of all meetings. Subjects for consideration at
meetings will include, but shall not be limited to safety and emergency
procedures, landfill fill-related traffic problems, screening of visual impacts
and problems of litter, odor, and noise control. Meeting agenda also may
include discussion of reports on the landfill construction, operation and
maintenance. The Landfill operator shall provide reasonable access to the
landfill arranged through the Community Development Department. A
surcharge on the tipping fee may be used to fund the advisory group's
operations.
11.3 Insurance and/or Bonding. The applicant shall provide the insurance and
bonds specified by the units of government having approval authority over
the project. Subjects will include, but not be limited to, continuity of landfill
operation, non-compliance, emergency measures, construction
performance, landscaping and closure.
11.4 Notification Program. The Landfill operator shall prepare and implement a
program to notify potential users of the landfill of its opening and closing
times, and the conditions of its use, including waste reduction and recycling
requirements, site access regulations, and a detailed list of prohibited
hazardous wastes and alternative disposal options. The program should be
prepared in conjunction with the operator(s) of the transfer station(s) serving
the landfill. It shall be approved by the County Community Development
Department.
11.5 Development Coordinator. The Landfill owner shall provide a fund to
support a County Landfill Development Coordinator, if the County
establishes the position, through the period of construction and landfill
operations. The Coordinator shall be a staff member or a consultant. The
owner shall make quarterly advance payments.
The Landfill developer and operator shall provide such information as the
Development Coordinator may require to review plans and installations
under the purview of the County, except that any requirements for additional
studies shall be subject to the approval of the County's Director of
Community Development.
11.6 Compliance and Mitigation Monitoring Program. The Landfill operator shall
provide a fund to support County staff monitoring of compliance with Condi-
Page 18
tions of Approval and mitigation monitoring programs, as designed and
implemented by the County Community Development and Health Services
Departments.
11.7 Pre-Annexation Notification. If the Landfill owner decides to request
annexation of the Landfill to a city, the owner shall notify the Board of
Supervisors at least 180 days in advance of filing any application for such
annexation. The Board may require the Landfill owner to consult with it or
County staff to determine how solid waste management programs specified
in these Conditions of Approval would be carried out subsequent to
annexation. In no case shall the annexation relieve the Landfill operator of
the financial responsibilities, including payment to the County of mitigation
fees, specified in these Conditions.
11.8 Fee and Surcharge Identification. The Landfill operator (permittee) shall
not identify the costs of public agency (County, etc.) fees, charges, or
surcharges on bills and receipts issued to landfill users without first
obtaining the specific written approval of the County.
11.9 Interpretation of Conditions. The Community Development Department
Director is authorized to interpret these Conditions in the event that any
clarification is needed.
11.10 Conditions Requiring Franchise. Conditions of Approval Nos. 4.2 and 13.4
require a franchise or agreement to be established by this County. All of
these Conditions of Approval shall be subordinate to the terms of said
franchise or agreement, and the terms of said franchise or agreement shall
control in the case of any conflict. There shall be no need to amend these
Conditions of Approval in the event of such a conflict.
11.11 Regulations Enforced by Other Agencies. Several of these Conditions of
Approval relate, paraphrase or summarize laws and regulations which are
imposed and enforced by other governmental agencies which have
jurisdiction over particular aspects of this project. It is this Board's intent in
adopting these Conditions of Approval to provide the applicant and the
public with an overview of the scope of regulation applicable to this project
and to provide this County with enforcement power if such laws and
regulations enforced by other agencies are violated. Unless specifically
stated in the Conditions of Approval, however, it is not this Board's intent to
establish rules or regulations which are stricter than the laws or regulations
which are applied to this project by the other agencies with jurisdiction over
aspects of this project. If another agency primarily responsible for some
aspect of this project finds that any action or inaction is in compliance with,
or violates, any such law or regulation, that finding shall be conclusive. If
these Conditions of Approval require some approval by any other agency
and that agency declines to approve or disapprove the subject matter, such
Page 19
approval shall be deemed to have been given for purposes of these
Conditions of Approval.
11.12 Required Expenditures. This Board does not intend, by requiring the
applicant to fund various measures, to make any decision regarding
whether or not, or how, any expenditures incurred may be recovered
through the rate structure or otherwise by the applicant. Any such decision
by this Board shall be reserved for its consideration in the franchise or
agreement. No inference regarding this issue is to be drawn from this
Board's use of any particular terminology in these Conditions of Approval.
11.13 Designation of Authority. In any instance where a Condition of Approval
provides that this Board will decide or act upon a certain matter, this Board
may delegate the initial decision making or action with respect to that matter
to the Director of Community Development or such other designee as this
Board determines to be appropriate, provided that there shall be a right of
appeal to this Board from any decision to the Director of Community
Development or other designee.
12. RATE REVIEW
12.1 Rate Approval. The Board of Supervisors shall approve all rates charged
by the landfill operator at the landfill. The rates established by the Board
will be not only maximum rates but also minimum rates.
12.2 Rate Review. The Board of Supervisors shall review and approve rates
annually in accordance with an approved rate application procedure. More
frequent review of rates may occur if requested by the landfill operator and
if the Board determines that changing circumstances warrant such review.
The Board may also review rates more frequently if the Board determines
that it is in the public interest to do so.
12.3 Form and Content of Rate Review Application. The landfill operator shall
submit its rate application in a form and content as specified by the County.
Such application may require the landfill operator to submit the application
on forms and/or using computer software provided by or specified by the
County. The County shall have the right to inspect and audit all records of
the landfill operators which support its rate review application.
Page 20
12.4 Rate Application Guidelines. The rate application shall be designed to
ensure reconciliation of rates with audited company financial statements;
detailed year-to-year cost comparisons; documented guidelines for
allowable expense categories, accounting methodologies, allowable
management costs and other cost elements; unit usage and unit cost data
on major expense items; calculation and reporting of company productivity
statistics by cost category; and full documentation of assumptions and
source materials. The rate application process shall also provide for
comparative rate surveys with other similar operations.
12.5 Financial Statement. The landfill operator shall maintain full and complete
accounting records in conformity with generally accepted accounting
principals applied on a consistent basis. A financial statement for the
proceeding fiscal year, in such form and providing such information as the
Board may require, shall be submitted with each rate review application.
The financial statement shall be prepared and certified by a Certified Public
Accountant currently licensed to practice in the State of California. The
County, through a Certified Public Accountant appointed by the County for
that purpose, shall at all reasonable times have the right to inspect and
audit the records of the landfill operator that supports the financial
statements. The County reserves the right to determine which records are
relevant.
12.6 Scope of Rates. The Board of Supervisors may require that the landfill
operator include in its rates collection for purposes other than disposal
including but not limited to, charges for funding of inspections, charges
relating to origin of waste such as out-of-county waste, franchise or
agreement fees, closure and postclosure maintenance of other landfills,
solid waste management programs such as general litter pick-up,
abandoned vehicle removal, solid waste planning, and any other conditions
of approval.
13. FRANCHISE AGREEMENT
13.1 Franchise Compliance and Agreement. The Permitee-Landfill operator
shall be subject to the terms and conditions of any franchise or agreement
established by the Board of Supervisors. A draft franchise or agreement
shall be submitted with or before the Final Development and Improvements
Plan.
13.2 Assignment. The landfill operator and the landfill owners shall not assign or
subcontract the franchise or agreement, any part of the franchise or
agreement or any obligation of the franchise or agreement without written
prior consent of the Board of Supervisors. The term "assignment" shall
include any dissolution, merger, consolidation or reorganization of the
Page 21
landfill's ownership or the sale or other transfer of the controlling percentage
of the owner's stock in the landfill or the sale of 51% of the value of the
assets of the landfill's owners.
13.3 Contents. The franchise or agreement may contain such provisions as the
Board deems necessary, including but not limited to complete
indemnification of the County, liability insurance by type and amount,
performance bond by type and amount, rights of the County to acquire
ownership of the landfill, funding for mitigation and reimbursement of
County costs, funding for closure or post-closure costs, franchise or
agreement fee fees) rate review and approval procedure and determination
of and consequences of breaches of the franchise.
13.4 Requirement. Permitee shall not establish, operate or carry on the
business of a solid waste facility pursuant to this permit unless and until it
has been first granted a franchise (or entered an agreement with the Board
of Supervisors).
13.5 County Discretion. Notwithstanding any other provision of this Permit,
Permittee acknowledges that the County's discretion to grant or deny one or
more said exclusive, non-exclusive or otherwise franchises or similar
agreements is not limited or abridged in any manner by this Permit; and that
this Permit does not require the approval of any such franchise or
agreement. County reserves the right as part of the negotiation and entry of
any such franchise or agreement to enter a public-private partnership with
the Permitee for the project and/or to pursue the rights of the County to
acquire ownership of the Landfill.
14. LAND USE PERMIT PLAN CONSTITUENTS
14.1 Initial Development and Improvements Plan. The Initial Development and
Improvements Plan approved by this Land Use Permit, and modified by
these Conditions of Approval, shall consist of the following schematic plans
included in the applicant's January 31, 1989 entitlement application, the
Keller Canyon Landfill Comprehensive Project Description (February 1989)
and addendum (December 1989), and the 3-volume Site Characterization
Report (September 1989).
a) Grading/Excavation Plans with fill limits for each phase.
b) Layout for Groundwater Collection System.
c) Liner System Cross-section and Installation Sequence.
d) Leachate Collection System Layout Plan.
e) Gas Collection Layout Plans for each phase.
f) Surface Water Drainage Plan.
g) Facilities Site Plan for Operations and Maintenance.
h) Leachate, Landfill, Gas and Water Storage Facility.
Page 22
i) Landfill Access Road Plans Profiles, Typical Section.
j) Bailey Road Plan and Typical Section.
k) Landscape Facilities Site Plan for Operations and Maintenance.
l) Landscape Plan for Leachate, Landfill Gas and Water Storage
Facilities.
m) Landscape Plan.
14.2 Regulatory Agency Approvals. Subsequent to the approval of this Land
Use Permit, the Landfill Developer shall obtain approvals from the
regulatory agencies having jurisdiction over the project, and obtain their
detailed requirements for building, serving, and operating the Landfill. The
approvals shall include, but are not limited to:
a) Waste Discharge Requirements from the Regional Water Quality
Control Board.
b) Authority to Construct (and Authority to Operate Requirements) from
the Bay Area Air Quality Management District.
c) Wetland Modification Permit from the Army Corps of Engineers.
d) Streambed Alteration Agreement from the State Department of Fish
and Game.
The Landfill developer shall notify the Community Development Department
if proposed or adopted conditions or requirements of regulatory agencies do
not appear to be consistent with this Land Use Permit or the Landfill's
Environmental Impact Report.
14.3 Improvements Requirements. Subsequent to the approval of this Land
Use Permit, the Landfill developer shall obtain approvals from the agencies,
utilities, and parties having jurisdiction or control over the on-site and off-site
improvements required by this Land Use Permit or by agencies having
regulatory jurisdiction over the project. The Landfill developer shall notify
the Community Development Department if proposed or adopted Condi-
tions or requirements do not appear to be consistent with this Land Use
Permit or the Landfill's Environmental Impact Report.
15. DEVELOPMENT AN D IMPROVEMENTS PLAN
15.1 Final Development and Improvements Plan. Subsequent to the approval
of the Land Use Permit but prior to the commencement of any construction,
the Landfill developer shall submit a Development and Improvements Plan
to the Community Development Department and obtain the approval of the
Director of Community Development. The Development and Improvements
Plan shall be consistent with the project approved by the Land Use Permit,
Page 23
but prepared to a level of detail appropriate for the review of the engineering
and construction of the project's on-site and off-site improvements. It shall
be internally consistent with the project's Environmental Impact Report
findings, these Conditions of Approval, regulatory agencies and others
having discretionary approvals over the project, and the Solid Waste
Facilities Permit issued by the County Health Services Department. The
Community Development Department will coordinate the review of the plan
by the Health Services Department, the Public Works Department, and
other appropriate units of government. The Landfill developer shall comply
with all provisions of the final Developments and Improvements Plan.
The Development and Improvements Plan shall include:
a) Site Development Plan, as described in the following sections.
b) A Surface Water Management and Sediment Control Plan, (Section
18).
c) An Agricultural and Habitat Enhancement Plan, (Section 23).
d) A Waste Reduction and Resource Recovery Program, (Section 31).
e) A Landscape (screening) Plan, (Section 22).
f) A Landfill Gas Management/Air Quality Monitoring/Odor Control
Plan, Section 20).
g) A Leachate Management Plan, (Section 17).
h) A Site Services and Utilities Plan (Section 30).
i) A Traffic/Circulation Plan, (Section 29).
15.2 In approving the Development and Improvements Plan, the Community
Development Department Director may allow the Landfill developer to
phase construction of landfill modules and other features, except where
timing is specified in these conditions. The submittal of the Development
and Improvements Plan components may reflect this phasing.
16. SLOPE AND SEISMIC STABILITY
16.1 Landfill Slopes Objective. Landfill slopes shall be engineered to provide
static and dynamic (seismic) stability under design criteria for Class II
Landfills.
16.2 Seismic Design. The Landfill, its drainage features and operating
components (lifts, berms, liners, sediment pond, leachate and gas collection
systems and major stockpiles) shall be designed to withstand the Maximum
Credible Earthquake (MCE) and a 0.65g acceleration rate. The Landfill
developer shall utilize a MCE (design earthquake) specified by the County
Community Development Department and the San Francisco Regional
Water Quality Control Board. The Landfill developer shall provide
substantiation in the Final Development and Improvements Plan that the
Landfill design will withstand the MCE.
Page 24
16.3 Landslide Study. The Landfill developer shall employ a licensed geo-
technical consultant to conduct a supplementary study of landslides and
slope stability in areas of the site affected by Landfill and improvements
grading. The study shall be performed by a licensed geotechnical
professional. The study shall be subject to the approval of the County and
the San Francisco Regional Water Quality Control Board. The Landfill
developer shall incorporate the results of the study into the site grading
program and the designs of overlying structures, which shall be included in
the Development and Improvements Plan.
16.4 Geotechnical Inspector. The Landfill operator shall contract with the
County, or through the County, for an independent geotechnical consultant,
who shall be selected by and be responsible to the County. The consultant
shall inspect regularly the installation and condition of liners, leachate
control facilities and other installations, identified by the County, as they are
installed. This provision shall remain in force over the life of the landfill.
16.5 Landfill Design Stability. The Landfill developer shall provide a static and
dynamic stability analysis of the final engineering design of the Landfill and
its appurtenant improvements. The stability analysis method and the
resulting analysis shall be approved by the County Community
Development Department and the San Francisco Regional Water Quality
Control Board and included in the Final Development and Improvements
Plan.
16.6 Slope Monitoring. The Landfill operator shall install slope monitoring stakes
on landslides and sensitive slopes which could affect an operating Landfill.
The monitoring program shall be approved by the County Community
Development Department.
16.7 Settlement Program. The Landfill developer shall implement a program to
prevent fill settlement and an inspection program to detect and correct
settlement problems. The developer shall compact the refuse and cover
materials to maximum strength and design and maintain the necessary
slope gradient to ensure proper surface water drainage. A network of
settlement platforms shall be installed to monitor fill settlement at critical
points. The station specifications and locations shall be included in the
Improvements and Development Plan. The Settlement program shall be
subject to the approval of the County Community Development Department
and the San Francisco Regional Water Quality Control Board.
16.8 Post-Earthquake Program. The Landfill operator shall prepare and
implement an emergency program for inspecting the Landfill facility, dealing
with failures and providing refuse handling for implementation following a
substantial earthquake. The program shall be subject to the approval of the
Page 25
County Community Development Department and the County Health
Services Department.
16.9 Settlement Pond Embankment Design. The Landfill developer shall design
the settlement pond to control foundation seepage through the means of a
filter or other materials.
16.10 Settlement Pond(s) Monitoring Program. The Landfill operator shall
prepare and implement a failure prevention and warning system, including
daily monitoring and visual inspection, for the sedimentation ponds. The
program shall be approved by the County Community Development
Department and shall be included in the Development and Improvements
Plan.
16.11 Stockpile Stability. Commencing with the onset of stockpiling, the Landfill
operator shall continually analyze daily cover material stockpiles for stability
to determine allowable heights and/or slopes. The results shall be available
to the County Community Development Department and the County Health
Services Department on demand.
16.12 Unstable Areas. Areas with landslide potential to affect landfill operations
shall be stabilized through excavation or other methods such as compacting
or the construction of retaining walls. Grading operations shall be
performed in a manner which shall not destabilize slopes.
17. GROUNDWATER PROTECTION
17.1 Groundwater Protection Objective. The Landfill shall not impair the
beneficial uses of groundwater on the Landfill site or in its vicinity. The
design and monitoring of the Landfill shall be based upon the assumption of
the existence of high permeability interconnecting cracks and fissures in the
underlying strata allowing the potential of groundwater transmission.
17.2 Landfill Liner. The Landfill developer shall install a engineered liner system,
including a clay liner and a high-density polyethylene liner, which meets
State Class II Landfill standards. The liner shall be approved by the San
Francisco Bay Regional Water Quality Control Board and its specifications
and design shall be included in the Development and Improvements Plan.
The liner shall be designed to withstand the Maximum Credible Earthquake
as specified by the Regional Water quality Control Board. See Section 16.
17.3 Leachate Collection System. The Landfill developer shall install a leachate
collection system which shall meet State Class II standards. The leachate
collection system shall be approved by the San Francisco Bay Regional
Water Quality Control Board, and its specifications and design shall be
Page 26
included in the Development and Improvements Plan. Leachate shall be
contained by a double liner system consisting of a two-foot thick layer of
clay overlain by a synthetic membrane liner. Enclosed storage tank design
for leachate treatment shall meet hazardous waste storage requirements,
which includes a double liner system with perimeter berms. An emergency
connector shall be installed between the pre- and post-treatment tanks in
the event of an overflow situation. A tanker truck shall be readily available
for emergency purposes. Measures shall be taken to limit leachate
formation, such as prompt covering of waste and provision of surface water
drainage away from landfill areas.
17.4 Surface Drainage System. Water collected in the underdrain system
beneath the landfill shall be monitored on a regular basis specified by the
San Francisco Regional Water Quality Control Board. If contaminated, this
water shall be treated as leachate. See Section 18.2.
17.5 Groundwater Monitoring. The Landfill developer shall install a groundwater
monitoring system and implement a monitoring program, as required by the
San Francisco Bay Regional Water Quality Control Board. The monitoring
stations' specifications, locations, and their frequency of monitoring shall be
included in the Development and Improvements Plan. The proposed
monitoring program shall be subject to review by the County Health
Services Department and the County Community Development
Department.
17.6 Downstream Well Monitoring. The groundwater monitoring program shall
include selected wells down gradient from the site. The wells shall be
subject to approval by the San Francisco Regional Water Quality Control
Board and the County Health Services Department. The Landfill operator
shall sample and analyze water from these wells on a quarterly basis. The
location of these wells shall be identified on the Development and
Improvements Plan.
17.7 Baseline Water Characterization. The Landfill developer shall conduct a
groundwater characterization study for at least a one-year period following
the approval of the Land Use Permit. The procedures for the study shall be
specified by the San Francisco Bay Water Quality Control Board and the
County Health Services Department.
17.8 Liquid Waste Disposal. The Landfill operator shall comply with the
requirements of the Regional Water Quality Control Board for disposal of
de-watered sewage and other utilities' sludges in the Landfill to prevent
excess liquid concentrations. The Landfill operator shall not accept other
liquid wastes.
Page 27
17.9 Drainage Grading. The Landfill developer shall grade completed fill areas
to convey surface run-off to ditches at the fill perimeter to limit infiltration into
the Landfill. The grading specifications shall be included in the
Development and Improvements Plan.
17.10 Leachate Management. The Landfill operator may reapply leachate
removed from the leachate collection sumps to the Landfill for absorption by
solid waste, or arrange for its transportation (pretreated if necessary) to an
appropriate treatment and disposal facility. If leachate is returned to the fill
area, it shall be injected under the Landfill's cover rather than applied over
its surface. The return of leachate to the Landfill shall be subject to the
solids-to-liquids ratio restrictions defined by the San Francisco Bay Regional
Water Quality Control Board and the County Health Services Department.
If leachate is transported to an off-site disposal/treatment facility, it shall be
pretreated on-site to meet all requirements of such facility before transport.
If leachate build up becomes a problem, the County Health Services
Department may require additional remedial measures, such as the
placement of more soil cover, or the installment of a low-permeabiity
earthen or synthetic cover. The Leachate Management Program shall be
included as part of the Site Design Plan.
17.11 Water Balance Calculations. The Landfill operator shall provide water
balance calculations, when requested by the County Health Services
Department, to evaluate intermediate stages of Landfill operation to ensure
the maintenance of a proper solids-to-liquid ratio.
17.12 Leachate Holding Tanks. Holding tanks for leachate shall be tested to
ensure chemical compatibility to prevent chemical degradation of said
tanks. The Landfill developer shall submit test results to the Regional
Water Quality Control Board and the County Health Services Department,
prior to the submission of the Development and Improvements Plan.
17.13 On-Site Water Supply Wells. The Landfill developer shall construct the
proposed on-site water supply wells after a hydro-geologic investigation has
determined flow direction and relationship between water bearing strata if
any. Water supply wells shall utilize separate water bearing strata, and
shall be sealed to prevent communication between shallow and deep
ground water. The locations and characteristics of water supply wells shall
be described in the Development and Improvements Plan, and shall be
subject to County Health Services Department and San Francisco Regional
Water Quality Control Board approval. Pump tests shall be provided for on-
site wells located within 500 feet of any domestic well to evaluate
interference between wells.
17.14 Off-Site Water Well Contamination. If the water quality of nearby domestic
water supplies is impaired by Landfill leachate, the Landfill operator shall
Page 28
take immediate remedial action that is acceptable to the County Health
Services Department and the San Francisco Regional Water Quality
Control Board. The source of contamination shall be identified and
immediately repaired. Remedial measures shall include but are not limited
to extraction wells and slurry walls. The Landfill operator may be required
to replace the impaired water supply.
17.15 Liner Installation Inspection. See Condition 16.4.
17.16 Secondary Containment. The Landfill developer shall construct a
secondary containment system capable of containing 1.5 times the volume
of each leachate-holding tank.
17.17 Working Face. The Landfill operator shall maintain a maximum daily
working face of 3 acres or less in order to minimize surface water infiltration
to the refuse, as well as to control dust and erosion, prevent vector
proliferation, and minimize visual impacts.
18. SURFACE WATER PROTECTION
18.1 Surface Water Protection Objective. The Landfill shall not impair the
beneficial uses of water bodies in the vicinity of the Landfill site.
18.2 Surface Drainage System. The Landfill operator shall install a Landfill
surface drainage system which shall be designed to meet State Class II
standards. It shall accommodate a 1,000-year, 24-hour design storm, as
specified by the County Public Works Department and the San Francisco
Regional Water Quality Control Board (SFRWQCB). The drainage system
shall convey surface water around the active fill area without contacting the
working face or any solid waste. The surface drainage system shall be
approved by the SFRWQCB and the County Community Development
Department and included in the Development and Improvements Plan.
Surface flow shall be evaluated further with groundwater levels and
precipitation factors prior to construction, and findings incorporated into the
final landfill design in order to lessen impacts to surface water flow. Flow
rates and groundwater levels shall be monitored through the life of the
landfill. If loss of surface flow is determined to have unforeseen impacts, a
like amount of water shall be provided.
18.3 Creek Protection. The landfill shall be designed so leachate and other
contaminated water does not flow into Lawlor Creek. See Section 23.3.
18.4 Surface Water Management and Sediment Control Plan. The Landfill
developer shall prepare and implement a Surface Water Management and
Sediment Control Plan, which shall be subject to the approval of the County
Page 29
Community Development Department. The plan shall include a Stability
Analysis of proposed cut and fill slopes, and shall prevent substantial
erosion on slopes on the project site and reduce the amounts of water-
borne materials from reaching surface waters. It shall include the
components listed below, and it shall be included in the Final Improvements
and Development Plan.
(a) Primary Grading. The Landfill developer shall perform primary
grading for the project's fill modules, cover, roads, paved areas,
building sites, and the construction of site slopes during the April
through October low rainfall season.
(b) Temporary Flow Restriction. If grading must be done during rainy
periods, or if erosion is occurring on previously graded areas, the
Landfill developer shall take corrective actions, which may include
the installation of ground cloth or the placement of hay bales.
(c) Ground Cover. The Landfill developer shall plant ground over on
graded areas which are not to be developed within 90 days. The
ground cover shall be consistent with the Landscaping Plan.
(d) Ditch/Swale Liners. The Landfill developer shall line any ditches and
swales for conveying surface runoff across sanitary Landfill areas to
limit water infiltration. Drainage-ways across other areas shall be
lined or planted to limit erosion.
(e) Sedimentation Ponds. The Landfill developer shall install a
sedimentation pond system prior to other landfill development to hold
and process drainage from the Landfill property which shall be
designed to withstand the 1,000-year, 24-hour design storm and
Maximum Credible Earthquake event. The Landfill developer shall
develop a program for monitoring storage volumes in the
sedimentation ponds and releasing water depending on expected
rainfall. Flow rates for downstream discharge shall not exceed the
25-year, 24-hour design storm. The program shall include a
preventive maintenance program which shall include a program for
clearing of sedimentation ponds and maintenance of perimeter
ditches and vegetative cover. The program shall be subject to
approval from the County Community Development, Health
Services, and Public Works Departments, and the San Francisco
Regional Water Quality Control Board. The efficacy of the Landfill
surface water control system in reducing downstream flooding shall
be addressed in the annual and triennial reviews required by
Condition 11.1.
f) Runoff Conveyance. Erosion to ditches or gullys used to convey
runoff shall be corrected by use of appropriate measures such as
Page 30
energy dissipators or rip rap.
g) Equalization Basin. Water in contact with the working face area of
the landfill shall be discharged into an equalization basin, monitored,
and treated if necessary.
18.5 Monitoring. The Landfill developer shall prepare and implement a surface
water monitoring program to check for possible contamination of off-site
surface water drainage facilities. Baseline water quality shall be determined
prior to project implementation. Sedimentation pond outflow shall be
monitored. The monitoring program shall be subject to approval of the
County Health Services Department, the County Community Development
Department, and the Regional Water Quality Control Board.
19. HAZARDOUS WASTE
19.1 Hazardous Waste Ineligible. See Section 6.4.
19.2 Load Inspection. See Condition 7.1
19.3 Household Hazardous Waste Program. The Landfill operator shall
develop a household hazardous waste collection and management
program for the service area which is consistent with the County Hazardous
Waste Management Plan and with the County Integrated Solid Waste
Management Plan. The program shall be subject to the approval of the
County Health Services and Community Development Department. The
household hazardous waste shall be managed in accordance with the
"Waste Minimization Hierarchy" identified in the County Hazardous Waste
Management Plan. The operator is encouraged to develop the program in
cooperation with other waste management facilities and collection services.
The proposed program, along with a schedule of proposed costs and
funding sources, shall be submitted to the County departments no later than
6 months prior to the opening of the landfill. The program shall include
mechanisms for removing household hazardous waste from the waste
stream which arrives at the facility. If the household hazardous waste
program (or a version of it) is approved by the County Board of Supervisors,
the Landfill operator shall implement it. The Landfill household hazardous
waste program shall include a public information and education program
approved by the County Health Services Department/County Hazardous
Materials Commission for notifying facility users and households in its
service area of what constitutes hazardous waste and how such wastes are
to be disposed of. The household hazardous waste program shall be
amended if required by the County Board of Supervisors in their review of
the Land Use Permit.
Page 31
19.4 Transfer Station Pre-screening. The Household Hazardous Waste
Program shall include pre-screening at transfer stations for identification
and separation of hazardous materials. In addition, landfill entrance load
screening procedures and a manual check program during unloading
operations shall be included. Landfill operators shall be instructed to
investigate suspicious containers for hazardous materials during bulldozing
and other activities. Any hazardous materials found shall be set aside for
proper collection and disposal.
19.5 Regulatory Agency Approvals. The collection and storage of toxic and
hazardous wastes pursuant to this section shall be subject to County Health
Services Department, State Department of Health Services, and other
regulatory agency approvals.
20. AIR QUALITY PROTECTION
20.1 Prevention of Air Quality Deterioration. The Landfill operator shall manage
the facility in a manner that does not result in the significant deterioration of
air quality in the vicinity of the site or in the Bay Area. The condition shall
be interpreted as a requirement that the Landfill comply with terms of the
Authority to Construct Permit to Operate permits issued by the Bay Area Air
Quality Management District.
20.2 Odor Containment. The Landfill operator shall operate the Landfill in a
manner that prevents odors from being detected off-site, pursuant to
Regulations 7-101 and 7-102 of the Bay Area Air Quality Management
District. If odors are reported to the County Health Services Department,
or reports are relayed from the Bay Area Air Quality Management District,
the Health Services Department may require additional physical
improvements or management practices as necessary to alleviate the
problem. The Health Services Department shall have the authority to
cease disposal at a particular area of the Landfill, to control odors. A
small daily working face (3 acres or less) shall be maintained. The
leachate treatment system shall be enclosed to control odors from
leachate. The landfill gas collection system and flare shall utilize BACT to
reduce landfill gas as a source of toxics and odor. If odors are detected in
surrounding areas, complaints shall be logged by a landfill operator. The
source of the odor shall be identified and corrected. A response to the
person lodging the complaint shall be made within 48 hours, detailing the
problem and remedial action taken.
20.3 Cover Frequency. The Landfill operator shall cover newly disposed refuse
with compacted soil cover meeting the requirements of the State of
California (currently, a minimum of 6 inches of daily cover). All working
faces of the Landfill shall be covered by the end of the working day.
Page 32
Intermediate cover, meeting the requirements of the State (currently a
minimum of 12 inches) shall be applied over each layer of cells ("lift"). The
frequency of cover shall increase in order to control odor, litter or birds, if
necessary, or if required by the Landfill's Solid Waste Facilities Permit.
20.4 Odoriferous Loads. The Landfill operator shall cover extremely odoriferous
incoming loads immediately.
20.5 Dust Suppressants. The Landfill operator shall apply water or proven
environmentally safe dust suppressants at least twice daily to working faces
of the landfill, unpaved access roads, storage pile disturbances and
construction areas as determined to be necessary by the County Health
Services Department. The Health Services Department may require
sprinklering more frequently for control of particulates.
20.6 Area of Operations. See Conditions 17.17 and 22.10.
20.7 Air Flow Monitoring. The Landfill operator shall monitor air flow on the site
upon commencement of operations and shall provide background
meteorological conditions including wind direction, wind velocity, on-site air
flows, and temperature. After the Landfill is in operation, data shall be used
to correlate odor, dust, or litter management with meteorological conditions.
Air flow monitoring reports shall be submitted to the County Health
Services and Community Development Departments.
20.8 Contingency Program. Prior to the start of filling operations, Landfill
operator shall prepare a "bad days" contingency program for managing the
Landfill during periods of unusual wind speeds or directions, rainfall or
drought or other atypical situations. It shall apply specific site monitoring
information. The Landfill operator shall consider the comments of the local
advisory committee and consult with the Bay Area Air Quality Management
District and the Regional Water Quality Control Board. The program shall
be approved by the County Health Services Department, and it may be
revised from time to time.
20.9 Revegetation. The Landfill operator shall revegetate completed Landfill
areas immediately. Revegetation shall in be accordance with the
Development and Improvements Plan and shall be consistent with the
County policy on landscaping and water conservation. Intermediate and
final cover areas shall be revegetated immediately. Excavations shall be
revegetated or filled immediately. Operating areas which will not be used
for fill or construction for 90 days or longer shall be planted for dust and
erosion control and for aesthetic purposes.
20.10 Tree and Shrub Planting. The Landfill developer shall plant trees and
shrubs downwind of the Landfill to aid in trapping dust. The planting plan
Page 33
shall be included in the Landscaping plan component of the Development
and Improvements Plan.
20.11 Gas Control and Collection. The Landfill operator shall install a Landfill gas
control collection system in accordance with the regulations of the Bay Area
Air Quality Management District. The system shall have the capacity to
operate in an active mode, using a mechanical vacuum, to withdraw gas
from the Landfill. The system shall be operated in an active mode as soon
as practical. The gas control and collection system shall be installed
concurrently with the placement of wastes in the Landfill and shall be ready
for operation when gas is produced. The gas collection and related
recovery system shall utilize BACT and shall be subject to the approval of
the Bay Air Quality Management District and County Community
Development Department and it shall be included in the Development and
Improvements Plan.
20.12 Landfill Gas Processing. The Landfill developer shall install a flaring
mechanism, in accordance with Bay Area Air Quality Management District
guidelines/regulations, to combust collected landfill gas. The flare shall be
of the nonilluminous type. Best Available Control Technology (BACT) shall
be used, as defined and approved by the Bay Area Air Quality Management
District. The flare shall be installed with staged combustion, operated under
fuel-rich conditions, and be designed with flue gas recirculation.
20.13 Methane Recovery. The Landfill operator shall install a methane recovery
system simultaneously with the construction of the gas collection system,
preferably utilizing the Landfill gas to produce energy when the Landfill has
developed enough gas to justify recovery. When required by the County
Community Development Department, the Landfill operator shall conduct a
study to determine how methane could be recovered from the gas and used
for fuel or as a commodity.
20.14 Gas Monitoring. The Landfill developer shall install gas migration detection
probes and wells along the boundary of the Landfill footprint, near on-site
buildings, and in other locations specified by the Bay Area Air Quality
Management District or the County Health Services Department to monitor
for subsurface and surface gas migration. The gas monitoring stations shall
be described in the Development and Improvements Plan approved by the
County Community Development Department. If gas migration is found, the
Landfill operator shall notify the County and take remedial actions. Training
of employees for detection of gas migration shall be included in the
employee training program.
20.15 Lateral Gas Barriers. The Landfill developer shall install a gas barrier or
gas collection area on side slopes of the Landfill to prevent lateral gas
migration through the sides of the Landfill. The barrier or gas collection area
Page 34
shall be approved by the Bay Area Air Quality Management District and
shall be included in the Development and Improvements Plan.
20.16 Settlement Protection. The Landfill developer shall use flexible piping and
lightweight backfill for the Landfill gas collection system to ensure that
settlement of the fill will not affect operation of the system.
20.17 Landfill Gas Testing. The Landfill operator shall test Landfill gas for its toxic
composition and for toxic constituents. The testing program shall be subject
to the approvals of the Bay Area Air Quality Management District and the
County Health Services and Community Development Departments. The
Landfill operator shall provide the results to the County Community
Development Department and Health Services Departments on a quarterly
basis unless a more frequent interval is specified in the Solid Waste
Facilities Permit.
20.18 Leachate Disposal. See Condition 17.10.
20.19 Cell Re-Opening. Previously-covered cells shall not be reopened without
permission from the County Health Services Department.
20.20 Fissure Repair. The Landfill operator shall inspect the Landfill daily.
Surface cracks, fissures, eroded areas, or inadequately covered areas on
the Landfill may require repairs within 24 hours. This activity shall be
included in the employee training program.
20.21 Permanent Road Paving. The Landfill developer shall pave and maintain
permanent access roads to control dust. A road used for one year or longer
shall be considered to be a permanent road. Road construction shall be
described in the Development and Improvements Plan.
20.22 Temporary Road Paving. The Landfill developer shall pave and maintain
temporary road with gravel or crushed aggregate. Temporary roads shall
be wetted or chemically treated when necessary to control dust. Road
construction shall be described in the Development and Improvements
Plan.
20.23 Speed Limits. The Landfill operator shall enforce speed limits set by the
County Health Services Department on internal site roads. The Landfill
operator shall install appropriate signs and speed control devices. The
maximum internal on-site speed limit shall be 20 mph.
20.24 Equipment Maintenance. The Landfill operator shall maintain Landfill
equipment in optimum working order to ensure that vehicle emissions are
controlled and equipment shall be fitted with spark arrestors so potential for
causing fires is minimized. Equipment shall not be left idling when not in
Page 35
use. Maintenance records shall be kept on all pieces of Landfill equipment.
The records are subject to review by the County Health Services
Department. Equipment shall be stored, serviced, and repaired in a
maintenance area designated in the Development and Improvements Plan
and approved by the County Community Development Department.
21. NOISE CONTROL
21.1 Noise Control Objective. The Landfill operator shall manage the facility in a
manner that minimizes noise impacts to area residents.
21.2 Noise Monitoring Program. The Landfill operator shall prepare and
implement a noise monitoring and abatement program, which shall be
approved by the County Community Development Department and Health
Services Departments. The program shall monitor noise levels at sensitive
receptor locations, one West of Bailey Road and South of West Leland
Road, one near Bailey north of West Leland, and another in the Jacqueline
Drive area south of West Leland Road. The Director of Community
Development may specify other monitoring locations. If the monitoring
noise levels at the Landfill boundary line or other monitored location exceed
60 dBA during daylight hours, or 50 bDA during the evening or at night, the
County may require the operator to institute additional noise reduction
measures to bring noise emanating from the Landfill to the forementioned
levels or less.
21.3 Toe Berm. See Condition 22.3.
21.4 Mitigation/Lift-Level Berms. See Condition 22.4
21.5 Construction Hours. See Condition 32.1.
21.6 Truck Noise Suppression. The Landfill operator shall require transfer
trucks and other waste hauling vehicles using the facility to be equipped
with factory approved noise suppression equipment, including engine
compartment insulation. The Landfill operator shall request the California
Highway Patrol actively enforce muffler and vehicle noise standards as
required in the California Vehicle Code if, for any reason, noise from heavy
trucks becomes a source of complaints in the project area, whether project-
related or not. Transfer trucks and other waste hauling vehicles with faulty
mufflers shall be denied access to the landfill after one warning by a landfill
operator at the landfill entrance.
21.7 Landfill Vehicles. The Landfill operator shall provide Landfill equipment
with the best available noise suppressing equipment to minimize sound
generation.
Page 36
21.8 Gas Flare Muffling. If flaring is used to dispose of Landfill gas, the flares
shall be contained in noise and glare-reducing housing. The housing shall
be subject to the approval of the County Health Services and Community
Development Departments and the Bay Area Air Quality Management
District.
22. VISUAL QUALITY
22.1 Visual Quality Objective. The Landfill developer shall construct and
operate the facility in such a manner that the high visual value of the
surrounding area is maintained.
22.2 Landscape Plan. The Landfill developer shall prepare and implement a site
Landscaping Plan. The plan shall enhance the site's visual values as open
space and its functional values as wildlife habitat. It shall minimize the
visual impacts of the landfill operations and appurtenant facilities through
revegetation and landscape screening. The plan shall show the plant
species, size, and locations to be used to blend in with the existing natural
vegetation. Natural, drought tolerant species shall be used, in accordance
with County Policy on Water Conservation Landscaping. A landscape
maintenance program shall be part of the plan. A Weed Monitoring and
Control Program shall be included, containing a listing of noxious weeds, a
monitoring program, and abatement measure options. A Landscape Plan
shall be included in the Development and Improvements Plan. The
Landscape Plan shall assure no visual impact on the Cities of Concord and
Clayton consistent with the Environmental Impact Report.
22.3 Toe Berm. The Landfill developer shall install the first phase of the toe
berm prior to other landfill construction and development of the Landfill.
Other sections of the toe berm shall be installed in stages (see condition
32.4). The toe berm shall be contoured to blend with existing topography.
It shall be designed to screen the landfill access road. It shall be
revegetated immediately with native grasses and other vegetation to blend
in with the surrounding area.
22.4 Mitigation Berms. The Landfill developer shall install landscaped mitigation
berms (lift-level peripheral berms) at the face of each lift in areas visible off
the Landfill site, before beginning refuse disposal on the lift. The berms
shall be landscaped to blend with existing terrain. Specific heights for the
initial toe berm and each of its phases shall be established in the Final
Development and Improvements Plan (Condition 15.1).
22.5 Lawlor Creek Corridor Plan. See Condition 23.3.
Page 37
22.6 Entrance Screening. The Landfill developer shall install landscaping at the
entrance of the landfill to screen the entrance facilities from Bailey Road
users. Olive trees shall not be included as part of the entrance landscape
plan.
22.7 Jacqueline Drive Terminus. The north terminus of Jacqueline Drive shall
be landscaped, with native species, to shield near-views of the toe berm.
Planting of the terminus area shall begin as soon as practicable. The
outside access road berm shall be a minimum of 15 feet high to shield
transfer truck traffic and noise from nearby residences.
22.8 Auxiliary Facilities Screening. The landscaping plan shall provide for the
screening of auxiliary areas, such as the administrative buildings, parking
lots, maintenance facilities, and screening of facilities shall occur during the
first year of development. Enhancement of Lawlor Creek shall occur during
the first year, to aid in screening facilities from Bailey Road users.
22.9 Architectural Treatment. Plans for buildings and other structures shall
include architectural sections showing design and materials to be used.
Buildings shall be designed to blend into the rural agricultural setting.
22.10 Area of Operations. Except during construction of modules and other
major installations, the Landfill operator shall limit unvegetated working
areas of the landfill, including the daily working face, to 25 acres for
appearance and to control dust and erosion. The restriction shall not apply
to grading for foundations, cover, site roads, berms and other construction,
providing these are carried out expeditiously.
22.11 Interim Revegetation. Interim revegetation shall be required on all areas
that will be inactive for more than 90 days. Revegetation shall include
native grasses, shrubs and trees to lend more variety and natural
appearance to the finished landfill.
22.12 Water Tank Screening. The Landfill developer shall provide landscaping to
screen the facility's water tanks. Where possible, the landscaping shall be
installed prior to the installation of the tank. Consideration shall be given to
subsurface or partially buried tanks, and to painting the structures with
earth-tone colors.
22.13 Final Cover. Final cover shall be contoured and landscaped to blend with
existing topography.
22.14 Lighting. The Landfill developer shall design and locate the lighting system
to reduce glare and reduce impact to area residents. Focused directional
security and operational lighting shall be installed. Operation lighting on the
working face shall be turned off by 7:30 p.m. Security and entrance lighting
Page 38
shall be dimmed at 7:30 p.m.
23. AGRICULTURAL AND BIOTIC RESOURCES
23.1 Biotics Protection Objectives.
a) The Landfill developer shall construct and operate the facility in such
a manner that ensures, through protection and enhancement
measures, that there is no net loss of significant habitat, wetland,
woodland, or agricultural production.
b) The Landfill developer shall provide at least twice the amount of
mitigation wetland for significant wetland lost to the project (2-to-1
mitigation). A minimum of six acres of mitigation wetland shall be
provided. Wetland loss shall be mitigated through the enhancement
of stock ponds and sedimentation basins, or the creation of new
wetlands.
23.2 Range Management Plan. The Landfill operator shall design and develop
a Range Management Plan in order to provide for continued grazing on
portions of the site. The Special Buffer Area shall remain as Agricultural
Preserve, and development rights shall be conveyed to the County. The
buffer area and other site rangelands of the Primary Project Area not
exempted for habitat protection and not in active landfill use shall be
enhanced as grassland/oak woodland, and shall provide grazing for at least
270 head of cattle, approximately the same number of cattle which
presently graze on the site. Stock watering ponds shall be enhanced
through planting of trees and shrubs. Grazing shall be restricted for a 1 to 2
year period in order for grasses to get reestablished. It shall provide for
adequate grazing range, and for native tree species such as oaks to be
planted for animal protection and to replace trees removed during landfill
construction, while controlling soil erosion. The plan shall be prepared in
consultation with the Contra Costa County Resource Conservation District
and the Agricultural Extension Service. It shall be coordinated with the
Landscape Plan, the Habitat Preservation Plan, and the Erosion and
Sediment Control Plan developed for the landfill facility. It shall be subject
to the approval of the County Community Development Department and it
shall be included in the Improvements and Development Plan.
23.3 Lawlor Creek Corridor Restoration Plan. Enhancement of this riparian area
shall replace habitat lost by the rerouting and covering of a portion of the
unnamed drainageway within the waste placement area. This plan shall
provide replacement for habitat lost to landfill construction. The Corridor
Plan shall also provide screening of the landfill entrance and service
facilities from Bailey Road. Livestock fencing shall be constructed around
Page 39
the perimeter of approximately 35 acres to exclude cattle from the riparian
and oak woodland areas. Litter shall be removed from the creek and
corridor, and fencing shall be established along Bailey Road to prevent
unlawful disposal of trash. Riparian species of trees such as Willows,
Fremont cottonwood, sycamore and other oak species, California Bay
Laurel and shrubs shall be planted. The access road crossing of Lawlor
Creek shall be designed and constructed in a manner that would be
compatible with the aesthetics of the corridor and habitat enhancement.
Installation of horizontal drainage pipes into hillsides may be provided to tap
groundwater sources to improve creek flow conditions. A monitoring and
maintenance program shall be established to insure wildlife habitat values
are protected. Rock dams, overhangs, splash pools and erosion control
structures shall be included in the corridor plan design. The detailed
restoration plan shall be developed for Lawlor Creek in coordination with the
County, the California Department of Fish and Game, U.S. Fish and Wildlife
Service, local Audubon and California Native Plant Society representatives
and other environmental organizations. A streambed alteration agreement
shall be obtained if determined to be necessary by the CDF&G. A wetland
modification permit shall be obtained from the Army Corps of Engineers if
necessary. Implementation of the Restoration Plan shall take place during
the initial development phase of the Landfill.
23.4 Sandstone Outcrop Area. Livestock fencing shall be constructed around
the perimeter of the 72-acre sandstone area at the front of the Landfill to
exclude cattle and preserve upland habitat area. Landfill personnel and
construction operators shall be alerted regarding the protected area. Native
trees such as Oak and California Buckeye shall be planted along the
perimeter of this area. The adjoining equalization basin and toe berm shall
be constructed to avoid damage to the protected area.
23.5 Weed Control Program. The landfill operator shall submit a weed control
program to control introduced weedy species on the Landfill property as
part of the Range Management Plan. The program is subject to approval
by the County Community Development Department. The weed control
program shall include a list of noxious weeds, periodic monitoring of these
species, and a weed control and removal program.
23.6 Phased Construction. The Landfill operator shall construct and operate the
Landfill in phases in order to reduce the acute impact to vegetation and
wildlife habitat. Mature trees should be removed only as needed, not more
than one year in advance of module development. Black walnut and other
heritage tree cuttings shall be taken with the direction of a research
organization such as the University of California's botanical garden.
23.7 Vegetation Protection. The Landfill developer shall employ dust
suppression measures to prevent damage from dust loading on vegetation.
Page 40
Periodic watering of vegetation adjacent to the fill working area shall be
developed as part of the Range Management Plan.
23.8 Wildlife Exclusion and Vector Control. The Landfill operator shall construct
fences around the working area of the site, limit the size of the working face,
and cover refuse at least daily in order to exclude wildlife and control
vectors at the working area of the site.
23.9 Supplemental Wildlife Surveys. The Landfill developer shall conduct
additional surveys to establish the presence or indicate the absence of the
following species at the landfill site.
a) San Joaquin Pocket Mouse. The survey shall be conducted
according to USFWS recommendations. If found, the developer
shall follow USFWS guidelines regarding appropriate mitigation
procedures.
b) The California Tiger Salamander and the Alameda Whipsnake. The
salamander study shall take place during the rainy season. If
salamanders are found to exist in the unnamed creek, they shall be
trapped and released to the Lawlor Creek area. If the Alameda
Whipsnake is encountered, then facilities such as the equalization
basin, and the access road shall be relocated further from the
outcrop area. The outcrop reserve shall be expanded to include the
easternmost outcrops. Consideration shall be taken in siting facilities
and any activities north of access road. Lighting shall be shielded
and shall illuminate only paved areas in this vicinity.
24. BIRD AND VECTOR CONTROL
24.1 Bird and Vector Control Objective. The Landfill operator shall manage the
facility in such a manner that prevents and controls the attraction and/or
generation of birds and vectors at the site.
24.2 Soil Cover Frequency. See Condition 20.3.
24.3 Working Face. See Condition 17.17
24.4 Bird Control. If birds become a problem at the Landfill in the judgement of
the County Health Services Department, the Landfill operator shall institute
a contingency bird control program. Such a program may consist of
monofilament or wire lines suspended in the air at appropriate intervals over
and around the active disposal area. The Landfill operator shall retain a
biologist during the initial period of operation to (1) assess the effectiveness
of the monofilament line for bird control and (2) assess the effect of the line
Page 41
on avian predator species. If necessary, additional corrective measures
shall be taken at that time. Such measures may include a reduction in the
size of the working face of the landfill, the use of nets over the working face,
or the use of a habitat manipulation and modification program.
24.5 Rodent Control. If waste compaction does not eliminate live rodents from
the Landfill footprint, or if rodents (other than small numbers of field mice,
etc.) occupy facility landscaping or agricultural areas, the operator shall
work with the local enforcement agency to identify the reasons for the
presence of rodents and make appropriate changes in operational
procedures. If an eradication program is necessary, the use of alternative
rodent control programs such as sustained live trapping using
nonpoisonous baits, and natural biological control shall be considered.
Anti-coagulants shall be administered by a pest management professional
in a manner which minimizes exposure to avian predators. Class 1
pesticides shall not be used.
24.6 Mosquito Control. The Landfill operator shall grade areas within the Landfill
property to prevent ponding of water which could harbor mosquitos (except
for sedimentation ponds and riparian habitat areas). Sedimentation ponds
shall be stocked with mosquito fish. If a mosquito problem persists, the
County Health Services Department may require the preparation and
implementation of additional mosquito control measures, such as spraying
of non-toxic larval suppressant.
24.7 Fly Control. The Landfill operator shall limit the size of the working face
and shall cover refuse daily in order to prevent fly proliferation. If an
eradication program is necessary, the use of a pest-control specialist shall
be considered and a plan implemented pursuant to approval by the County
Health Services Department.
25. LITTER CONTROL
25.1 Litter Control Objective. The Landfill operator shall manage the facility in a
manner which confines litter to the working face of the Landfill, which
prevents litter from accumulating another parts of the site, and which
prevents litter from being blown off the site.
25.2 Load Covering. The Landfill operator shall implement a program to exclude
uncovered loads from arriving at the Landfill. The program shall be subject
to the approval of the County Health Services Department.
25.3 Load Cover Enforcement. If routine enforcement of load cover
requirements is not effective, the Landfill operator shall offer to contract with
the Sheriff's Department to enforce regulations requiring the covering of
Page 42
trucks and trailers.
25.4 Contingency Litter Control. Under windy conditions, the Landfill operator
shall cover the refuse with soil as often as necessary to control blowing
litter. Other options shall be considered as necessary, including the
alignment of unloading areas away from the prevailing wind direction,
increasing the number of compactors, decreasing the active face size, and
reducing the number of vehicles tipping at one time. The County Health
Services Department shall have the authority to enforce this requirement.
See Section 20.8.
25.5 Portable Litter Fences. The Landfill operator shall install portable fencing
near the working face of the Landfill to intercept wind-blown debris.
25.6 Permanent Litter Fence. The Landfill operator shall install a permanent
fence of wire around the current fill area of the Landfill. The location shall
be subject to the approval of the County Health Services Department.
25.7 On-Site Liter Policing. The Landfill operator shall remove litter from the
litter fences and planting screens at least once each day. On-site roads
shall be policed at least daily. The County Health Services Department
may require more frequent policing to control the accumulation of litter.
25.8 Off-Site Litter Policing. The Landfill operator shall provide weekly (or more
frequent) litter clean-up from West Leland Road to at least 500 feet south of
the site entrance during the Landfill's first year of operations. Based on
experience, the County Health Services Department may modify frequency
of clean-up and/or area of coverage. If wind-blown litter from the landfill
reaches other properties, the Director of Health Services may require the
Landfill operator to remove the litter and the Director may require the
operator to institute additional measures to prevent recurrence of the
problem.
25.9 Littering Signs. The Landfill operator shall post signs, as determined
necessary by the County Public Works Department, along access roads to
the Landfill noting littering and illegal dumping laws. The Landfill operator
shall post signs at the Landfill entrance noting the hours when the Landfill is
open. The operator should periodically publish these laws and operating
hours in mailings to Landfill clientele.
25.10 Clean-Up Bond. The Landfill developer shall deposit a surety bond for
$10,000 payable to the County to use for clean-up in the event of
emergency or disputed littering or spills.
25.11 Public access. Public access to the landfill shall be prohibited.
Page 43
26. PUBLIC HEALTH AND SAFETY
26.1 Safety Objective. The Landfill operator shall manage the facility in a
manner which does not impair the safety of persons living in its vicinity,
Landfill users, or Landfill employees.
26.2 Emergency Plan. The Landfill operator shall prepare an emergency plan
specified by the Solid Waste Facilities Permit and approved by the County
Health Services Department. The emergency plan shall include the
following:
(a) A fire and explosion component.
(b) A seismic component.
(c) A hazardous waste spills and contamination containment
component.
(d) An evacuation component.
26.3 Employee Safety Equipment. The Landfill operator shall provide or require
employees to provide safety equipment, such as safety glasses, hard hats,
safety shoes, gloves, coveralls, and noise reducers as required by state and
federal safety agencies and the County Health Services Department.
26.4 Employee Training. The Landfill operator shall develop and implement
training and subsequent refresher training programs covering accident
prevention, safety, emergencies and contingencies ("bad-day" scenarios),
gas detection, identification of hazardous materials and ground fissures,
first aid, and instruction in the use of equipment. The programs shall be
subject to the approval of the County Health Services Department.
26.5 First Aid Equipment. The Landfill operator shall provide and maintain
supplies located in easily accessible areas. The first aid supplies shall be
consistent with the Occupational Safety and Health Administration
requirements and subject to the approval of the County Health Services
Department.
26.6 Emergency Communications. The Landfill operator shall provide radio
phones or telephones for employee use to call for medical and other
emergency assistance. Phone numbers to use for outside emergency
assistance shall be clearly posted on the Landfill and in other work areas.
The communications system shall be subject to the approval of the County
Health Services Department.
26.7 Emergency Eye Baths and Showers. The Landfill operator shall provide
facilities for emergency eye baths and emergency showers. The facilities
shall be subject to the approval of the County Health Services Department.
Page 44
26.8 Equipment Maintenance. The Landfill operator shall prepare and
implement an equipment maintenance program which shall be approved by
the County Health Services Department prior to the commencement of
operations. The program shall address transfer vehicles and other refuse-
conveying vehicles stored on the site as well as the station's refuse-moving
vehicles and mechanical equipment. Vehicles and equipment shall be
regularly cleaned to reduce the risk of fires.
26.9 Gas Migration Monitoring. The Landfill operator shall prepare and
implement a gas migration monitoring program to detect underground gas
migration. Landfill buildings and paved areas within 1,000 feet of the
Landfill shall be monitored. The monitoring program shall be approved by
the County Health Services Department.
26.10 Refuse Cover. See Condition 20.3.
26.11 Load Inspection. See Condition 7.1.
27. SITE SECURITY
27.1 Security Objective. The Landfill operator shall manage the facility in a
manner which prevents unauthorized persons from having access to the
working areas of the Landfill both during and after operating hours.
27.2 Security Fencing. The Landfill developer shall install a security fence
around the perimeter of the site with lockable gated entrances and exits.
The fence shall be located to minimize its visual impacts. It shall be
included in the Development and Improvements Plan.
27.3 Security Staffing. The Landfill operator shall staff the Landfill 24 hours per
day. Private security services may be retained when the site is not open.
27.4 Security Lighting. The Landfill developer shall install and operate adequate
lights at the entrance area to the Landfill. The lighting shall be provided in a
manner which minimizes glare to nearby residents and road users. The
security lighting shall be covered in the Development and Improvements
Plan.
28. CULTURAL RESOURCES
28.1 Cultural Resource Preservation Objective. The Landfill developer shall
construct the facility in such a manner that preserves important
archaeological or historic sites.
Page 45
28.2 Employee Access. Employee access to the buffer area, the Lawlor Creek
area, or the sandstone outcrop area shall be limited to duties associated
with landfill maintenance. Artifact collection or vandalism in these areas
shall be strictly prohibited.
28.3 Archaeology. The Landfill operator shall cease work in the immediate area
if buried human remains or archaeological features (e.g., petroglyphs) are
uncovered during construction or operation. Work in the immediate area
shall cease until a qualified archaeologist is consulted and approves
resumption of work. Should human remains which may be of Native
American origin be encountered during the project, the County Coroner's
Office shall be contracted pursuant to the procedures set forth in the Health
and Safety Code. The County Community Development Department shall
also be notified.
29. TRANSPORTATION AND CIRCULATION
29.1 Traffic Objective. The Landfill operator shall manage the facility in such a
manner that provides safe, efficient transport of solid waste, while
minimizing impacts to County residents.
29.2 Access Route. Access to the landfill facility shall be via State Highway 4,
and Bailey Road. No waste-hauling traffic shall be allowed entrance to the
landfill from Bailey Road south of the site. The Landfill operator shall
specify use of the prescribed route in all user contracts and shall notify non-
contract users of the requirement. At the request of the Board of
Supervisors, the Landfill Operator shall reimburse the County for the cost of
enforcement of this Condition on the access route. The Board of
Supervisors may also request the Landfill operator to reimburse the City of
Concord for an access control police inspection stop on Bailey Road should
it become necessary to enforce this access route condition.
29.3 Landfill Access Road. The Landfill developer shall install a paved, two-lane
access road between Bailey Road and the edge of the current working lift of
the landfill. A facility parking lot, a bridge across Lawlor Creek, a 12-foot
turnaround lane, and parking/turn-off lanes shall be provided. the traffic
lanes shall be built to a suitable Traffic Index (between 10.0 and 10.5). The
roadway shall be constructed of all-weather driving surfaces of not less than
20 feet of unobstructed width, and not less than 13'-6" of vertical clearance,
to all landfill areas within the site. The road shall not exceed 20% grade,
shall have a minimum centerline turning radius of 30 feet, and must be
capable of supporting the imposed loads of fire apparatus (20 tons). The
access road shall be operational when the landfill opens. All costs shall be
borne by the Landfill developer. The design and specifications of the
Page 46
roadway shall be approved by the County Public Works and Community
Development Department in consultation with the Riverview Fire Protection
District.
29.4 Landfill Entrance. The Landfill developer shall construct the Bailey Road
entrance to the site in a manner that provides safe access into the landfill.
This improvement shall include the following for proper sight distance and
intersection design: a separate left turn lane at least 150 feet in length and
an acceleration lane, at least 1200 feet in length, leading north on Bailey
Road, away from the site. The landfill developer shall also become
responsible for a traffic signal at a later date, if warranted. The County
Public Works Department shall approve the design of the entrance and
estimate its cost. All costs shall be borne by the Landfill developer.
29.5 Bailey Road, Pittsburg city limits to the Landfill Entrance. The Landfill
developer shall reconstruct the sections of Bailey Road between the city
limits and the landfill entrance. The reconstructed roadway shall provide
the sight distance, and roadway geometrics (including shoulder widening)
specified by the County Public Works Department for truck use. This shall
include two twelve-foot lanes with eight-foot shoulders. These
improvements shall be in place prior to commencement of landfill
operations. The Landfill developer shall upgrade the pavement capacity to
reflect a 20-year life (an estimated Traffic Index of 10.0 - 10.5) along Bailey
Road between the Pittsburg city limits and the landfill entrance. The County
Public Works Department shall approve the design of the roadway and
pavement reconstruction and estimate its cost. All costs shall be borne by
the Landfill developer.
29.6 Bailey Road Pavement Study. The Landfill developer shall conduct a study
of the Bailey Road roadway from the Pittsburg city limits to the Highway 4
interchange to determine the improvements necessary to re-construct the
right hand (outside) traffic lanes of the road to a 20-year pavement standard
to be an estimated Traffic Index of 10.0 to 10.5. The County Public Works
Department, in consultation with the City of Pittsburg, shall estimate the
costs of the improvements, estimate the longevity of the existing roadway
under increased traffic conditions, and determine a per-ton refuse disposal
surcharge adequate to fund the improvements when reconstruction is
necessary. The Landfill operator shall impose the surcharge and pay it
quarterly into a segregated account established by the County. The design
of the improvements, their costs, the surcharge and its disbursement shall
be approved by the Board of Supervisors.
29.7 Road Maintenance. Subsequent to the funding of the above traffic lane up-
grading improvements, the landfill operator shall impose a surcharge for the
maintenance of Bailey Road between the Highway 4 interchange and the
Landfill intersection. The surcharge shall be estimated by the County Public
Page 47
Works Department in consultation with the City of Pittsburg and shall be
based on the landfill's proportionate share of traffic on the road corridor
adjusted for vehicle weight and number of axles. The fees shall be paid
quarterly into a segregated account established by the County. The design
of the improvement, its cost, the surcharge and disbursements from the
segregated account shall be approved by the Board of Supervisors.
29.8 Highway 4/Bailey Road Interchange. The Landfill developer shall
participate in an improvements district, benefit area, or other cooperative
arrangement with the County, the City of Pittsburg, and Caltrans which may
be created to improve the Highway 4/Bailey Road Interchange. The
developer shall be required to pay an amount for the improvements and
maintenance proportionate to the traffic generated by the landfill, adjusted
for truck use. If necessary, the developer shall advance the money for the
interchange design and improvements. The County Public Works Depart-
ment shall approve the design of the interchange and estimate its cost. The
fees shall be paid quarterly into a segregated account established by the
County. The design of the improvements, their costs, the surcharge, and
disbursements from the segregated account shall be approved by the
Board of Supervisors.
29.9 Peak Period Traffic Management. The Landfill operator shall prepare a
study, in conjunction with the transfer station serving the landfill, for
managing transfer vehicle traffic to reduce peak period conflicts with traffic
on Highway 4. The study shall address the restricted departure periods
from the Landfill identified in the Environmental Impact Report (6:30 - 8:30
a.m. and 3:30 - 6:30 p.m.) and shall identify any changes to the conditions
of approval needed to implement a peak-period traffic reduction program.
The study shall be approved by the County Public Works and Community
Development Department and shall be provided to the County Community
Development Department with the Development and Improvements Plan.
The Director of Community Development shall specify peak period traffic
restrictions. The Landfill operator shall comply with such restrictions, and
shall require compliance in contracts with Landfill users.
29.10 Bicycle and Pedestrian Improvements. The Landfill developer shall
incorporate into the Transportation and Circulation Plan a bicycle and
pedestrian path system along Bailey Road in the vicinity of the landfill.
30. SITE SERVICES AND UTILITIES PLAN
Objective. The Landfill developer shall design, develop and manage the facility in
such a manner that services and utilities adequately meet the landfills
requirements, while ensuring the protection of site employees, area residents, and
the surrounding environment.
Page 48
30.1 Final Site Services and Utilities Plan. The landfill developer shall prepare
and submit a final Site Services and Utilities Plan, and obtain the approval
of the County Community Development Department prior to beginning
construction. The Site Services and Utilities Plan shall be included in the
Development and Improvements Plan. The final Site Services and Utilities
Plan shall include:
a) A water service component. (see Condition 30.2)
b) A fire protection component. (see Condition 30.5)
30.2 Water Service Component. The Landfill developer shall prepare and
implement a Water Service Component, covering available water
resources, estimated total water needs and supplies, landfill construction
and operation, landscaping, fire protection, employee hygiene, and human
consumption water needs, and water supply sources. Potable water shall
be provided for hygiene and consumption. Potable water may be trucked
onto the Landfill.
30.3 On-site Water Wells. The Landfill operator shall install wells for water
supply with a minimum pumping capacity of 1,000 gallons per minute, or
must have on-site storage which produces this capacity. The County
Community Development Department and the County Department of
Health Services shall be furnished pumping test information which shall be
submitted with the Development and Improvement Plan.
30.4 Public Water Supply Option. The Landfill operator may substitute water
service from a public water supply system for the use of wells, if
arrangements can be made with the Contra Costa Water District and,
where applicable with the cities of Concord or Pittsburg. The water supply
may be potable or non-potable. Annexation to the Contra Costa Water
District probably would be required, as well as an approval for annexation
from the Local Agency Formation Commission, and would have to be
obtained prior to the submission of the Water Service Plan as part of the
Final Development and Improvements Plan. The size and placement at the
water supply line shall be included in the Water Service Plan and shall be
subject to the approval of the County Health Services and Community
Development Departments.
30.5 Fire Protection Component. The Landfill operator shall develop and
implement a Fire Protection Component meeting the requirements of the
Riverview Fire Protection District to contain and extinguish fires originating
on the landfill property and off-site fires caused by Landfill operations. It
shall include training for all employees. The program shall be subject to the
approval of the County Health Services Department.
Page 49
30.6 Fire District Programs. The Landfill developer shall participate in the
Riverview Fire Protection Districts Benefit Assessment Program and the
New Development Fees program.
30.7 Construction Timing. Access roads and water supply systems shall be
installed and in service prior to any combustible construction and/or related
landfill activity. No construction, excavation, or grading work shall be
started on this landfill facility until a plan for water supply system has been
submitted to and approved by the County Health Services Department and
the County Community Development Department. Water may be
transported onto the site during construction activities, but trucked water
shall not be used for ongoing landfill activities.
30.8 On-Site Water Storage. The Landfill developer shall provide an adequate
and reliable water supply for fire protection which shall include on-site
storage. The storage tank(s) shall have a useable capacity of not less than
240,000 gallons of water and shall be capable of delivering a continuous
flow of 1,000 gallons per minute.
30.9 Fire Fighting Water Main. If the Landfill developer exercises the alternative
of utilizing public water supply, an above-ground main of sufficient size and
quantity shall be provided, which when connected to the respective storage
tank, shall be capable of supplying the required portable monitor (see
Condition 30.11) with a minimum fire flow of 1,000 GPM delivered to the
working face of any open cell in the landfill operation.
30.10 Fire Cover. The Landfill operator shall store a supply of soil nearby the
working face to be used for fire suppressant. The adequacy of the cover
stockpile shall be determined by the County Health Services Department in
cooperation with the Riverview Fire Protection District.
30.11 Fire Fighting Appliance. The Landfill operator shall provide a minimum of
one (1) approved portable master-stream firefighting appliance (monitor)
located within fifty (50) feet of each working face of any open cell in the
landfill.
30.12 Fire Breaks. The Landfill developer shall provide and maintain firebreaks
as follows: a) A minimum 100-foot firebreak around the perimeter of each
landfill disposal area, b) A minimum 60-foot firebreak around the perimeter
of the entire site and around any buildings or similar structures. The
firebreaks shall be placed to minimize any adverse visual effects. Their
locations shall be subject to the approval of the Riverview Fire Protection
District. The firebreaks shall be included in the Development and
Improvements Plan.
30.13 Fire Extinguishers. The Landfill operator shall provide landfill equipment
Page 50
with fire extinguishers large enough to fight small fires on the equipment or
on the landfill. The extinguishers and their distribution shall be subject to
the approval of the County Health Services Department and the Riverview
Fire Protection District.
30.14 Use of Reclaimed Water for Landscaping. The Landfill Developer shall
make every effort to use treated waste water from a district sewage
treatment plant for landscape maintenance. The Landfill Developer shall
report on this matter to the Community Development Department.
30.15 Equipment and Cleaning. See Condition 20.24.
30.16 Smoldering Loads. The Landfill operator shall check incoming loads and
direct vehicles hauling smoking or burning trash to a designated place apart
from the current fill area. The loads shall be dumped immediately and the
fire extinguished before the waste is incorporated into the fill.
30.17 Emergency Equipment Access. The Landfill operator shall designate
access points for local fire protection agency access to all parts of the
landfill and routes. The access points shall be included in the Development
and Improvements Plan and shall be subject to the approval of the
Riverview Fire Protection District.
30.18 Smoking Prohibitions. The Landfill operator shall prohibit smoking on the
landfill except in designated areas. In no event shall smoking be allowed
near the working face of the landfill and the fuel storage area. Signs shall
be clearly posted and enforced.
30.19 Toilets. The Landfill operator shall provide portable chemical toilets near
the active disposal area for use of workers and drivers. Their placement
and maintenance shall be subject to the approval of the County Health
Services Department.
30.20 On-site Septic System. Septic systems shall be designed to County
Department of Health Service Standards, and State Health and Safety
Code requirements. The Landfill developer shall pay for any treatment
plant fees.
30.21 Sewer Line. In the event that the Landfill developer elects to connect to a
sewer line, the developer shall pay for any capacity studies required, and
any resultant equipment and/or facilities.
31. WASTE REDUCTION AND RESOURCE RECOVERY
31.1 Waste Reduction and Resource Recovery Objective. The Landfill operator
Page 51
shall manage the facility in such a manner that complies with the State's
waste management hierarchy of source reduction, recycling and
composting, and environmentally safe transformation and land disposal;
and that is consistent with the Countywide Integrated Waste Management
Plan.
31.2 1990-1995 Resource Recovery Program. The Landfill Operator shall
participate with the transfer station(s) operators(s), route collection
companies and direct haulers in designing and implementing a resource
recovery and recycling program for the service area which is consistent with
the goal of diverting 25 percent of all solid waste generated in the County
from landfill facilities by January 1, 1995.
31.3 1996-2000 Resource Recovery Program. Prior to 1995, the Landfill
operator shall prepare and submit for review and approval by the County
Community Development Department a resource recovery and recycling
program for the service area covering the period from 1996-2000. This
shall be consistent with the Countywide Integrated Waste Management
Plan's goal of diverting a total of 50 percent of all solid waste generated in
the County from landfill facilities by January 1, 2000.
31.4 Materials Recovery. The Landfill operator shall prepare and implement a
program for recovering recyclable materials from refuse loads brought
directly to the landfill. The operator shall coordinate the material recovery
program with the operator(s) of a transfer station(s) serving the Landfill.
The program shall be consistent with the Countywide Integrated Waste
Management Plan and shall be subject to the approval of the County
Community Development Department.
31.5 Composting Project. The Landfill operator shall develop and implement a
pilot program for composting organic material at the landfill site. The
program may occur off-site, and shall be approved by the County Health
Services and Community Development Department. The compost shall be
used for landfill landscaping, cover material or other approved uses. The
purpose of the pilot project shall be to determine the feasibility of large-
scale on-site composting. The composting operations shall meet the State
Department of Health Services' regulations on land application, if
applicable. The pilot project shall be in operation within six months of the
opening of the Landfill. Its results shall be considered at the second Land
Use Permit review.
31.6 Wood Chipping. The Landfill operator shall establish a program to
encourage landscape services and construction/demolition material haulers
to segregate wood material for chipping. The program shall be approved by
the County Community Development Department and shall be placed in
operation within six months of the landfill's opening.
Page 52
31.7 Methane Recovery. The Landfill operator shall explore the use of methane
in landfill gas collected for air pollution reduction as a fuel commodity. The
operator shall report findings to the Community Development Department at
the time of the landfill's periodic reviews. If there is an economic use found
for recovered methane, and if the County subsequently includes the use in
its Integrated Waste Management Plan, the Landfill operator shall
implement a methane recovery program.
31.8 Equipment Maintenance. The Landfill operator shall maintain motorized
landfill equipment to assure maximum fuel efficiency.
31.9 County Resource Recovery Management Program. When directed by the
County, the Landfill operator shall impose a tonnage surcharge adequate to
support a County Resource Recovery Management Program consisting of
the Office of Resource Recovery Management and its program. The cost
of the program to be supported by the surcharge shall not exceed $100,000
at 1987 levels. If other solid waste disposal facilities are subject to this or a
similar condition, the County may pro-rate the cost of the program among
them according to a formula approved by the Board of Supervisors.
31.10 Fund Recovery. The Landfill owner may recover funds provided to the
County in advance of the opening of the Landfill through subsequent rate
adjustments or surcharges approved by the County. The County may pro-
rate the cost of the program among other waste disposal facilities it
approves which are subject to similar conditions.
32. CONSTRUCTION ACTIVITIES AND CONDITIONS
32.1 Hours of Construction. The Landfill developer shall restrict outdoor
construction activities to the period from 8:00 a.m. to 6:00 p.m. Monday
through Saturday.
32.2 Exemption. The Landfill developer may request, in writing, and the Director
of Community Development may grant, exemptions to Condition .1 for
specific times for cause. An example is the placing of concrete.
32.3 Access Roads. Before commencing landfilling operations, the Landfill
developer shall install and pave the site access road from Bailey Road to
the Phase I excavation area (see Initial Facilities Site Plan drawing of the
Initial Development and Improvements Plan, Condition 16.1). This
installation shall include the new bridge over Lawlor Creek and the
turnaround lane. An area which can be used by the California Highway
Patrol for vehicle inspection/weighing shall also be constructed.
Page 53
32.4 Phasing Plan. The Landfill developer shall design a Phasing Plan setting
forth a schedule of construction activities and projects, with detailed
information provided on sensitive installations such as the landfill liner and
the leachate collection and gas management systems. Sensitive
installation projects shall be subject to inspection by the Geotechnical
Inspector (Condition 23.6). The necessary installations of the Surface
Drainage System (Condition 18.2) and Soil Erosion and Control Plan
(Condition 18.4) shall be in place before major excavations commence in
order to ensure controlled surface water runoff. Sediment in the
sedimentation pond shall be monitored to control quality of runoff.
Construction activities shall be timed to coincide with the dry season and
low surface water flows.
32.5 Unstable areas. Areas determined to be unstable by the Stability Analysis
performed for the landfill (condition 18.4) shall be excavated or retaining
walls installed under the supervision of a Certified Engineering Geologist or
a Registered Geotechnical Engineer.
32.6 Dust Suppression. The developer shall sprinkle or chemically treat graded
areas, borrow sites, stock piles, and temporary pavements to control dust,
as determined necessary by the County Health Services Department.
33. CLOSURE AND POSTCLOSURE MAINTENANCE
33.1 Submittal of Plan. The Landfill operator shall submit to the San Francisco
Regional Water Quality Control Board, the Integrated Waste Management
Board, and the County Health Services Department a plan for the closure
and the postclosure maintenance of the landfill as required by State law, but
no later than upon application for a Solid Waste Facilities Permit. A copy of
the closure and postclosure maintenance plan shall be submitted to the
County Community Development Department.
33.2 Funding of Closure and Postclosure Maintenance Plan. The Landfill
operator shall submit to the Board of Supervisors and California Integrated
Waste Management Board evidence of financial ability to provide for the
cost of closure and postclosure maintenance in an amount not less than the
estimated cost of closure and 15 years of postclosure maintenance as
contained in the submitted closure and postclosure maintenance plan.
Evidence of financial ability shall be in the form of a trust fund approved by
the Board of Supervisors in which funds will be deposited on an annual
basis in amounts sufficient to meet closure and postclosure costs when
needed or an equivalent financial arrangement acceptable to the Board of
Supervisors and the California Integrated Waste Management Board. The
Landfill operator shall maintain a trust fund balance that equals or exceeds
the requirements of state law or regulation notwithstanding, however, the
Page 54
trust fund balance shall be at least equal to the then current closure and
postclosure cost estimate at such time the landfill has reached one-half of
its permitted capacity. The Trust Fund balance requirement shall be
appropriately adjusted if the landfill is closed in stages under Condition
33.4.
33.3 Revision to Plan and Cost Estimates. Should State law or regulation
regarding the closure and postclosures maintenance plan or funding of the
plan change at any time, the owner of the landfill shall submit any required
changes to the closure and postclosure maintenance plan and/or evidence
of financial ability to the Board at the same time as submittal to the
applicable state or regional agency.
33.4 Staged Closure of the Landfill. The landfill owner or operator shall close
the landfill in stages if compatible with the filling sequence and the overall
closure plan.
33.5 Use of Landfill Following Closure. After active landfill operations have
ceased, the site shall be utilized for grazing purposes. The Board may
require the owner of the landfill to deed all development rights for the landfill
site to the County to ensure fulfillment of this condition.
33.6 Postclosure Maintenance. The Landfill operator shall institute a
postclosure maintenance program to ensure that containment and
monitoring facilities retain their integrity. If damaged areas are found, the
operator shall notify the County and take remedial actions to prevent odor
and landfill gas problems.
34. ABANDONED VEHICLE STORAGE
34.1 Storage Requirement. The Landfill operator shall provide a minimum 10-
acre area on the landfill site for the storage of abandoned vehicles awaiting
salvaging, if required by the Board of Supervisors. The storage site
operator shall accept only vehicles directed to the site by a law enforcement
agency operating in Contra Costa County, which shall be responsible for
the vehicle until its title is conveyed to a salvager. The site would provide
storage only; operations of disposing, salvaging, and security of abandoned
vehicles shall not be the responsibility of the operator. The site may be
subject to further planning and development approvals, and would be
subject to the California Environmental Quality Act. The storage of
abandoned vehicles shall be subject to conditions set by the County Health
Services Department, and may be subject to the approvals of regulatory
agencies having jurisdiction.
34.2 Off-site Storage Option. The Landfill operator may establish the
Page 55
abandoned vehicle storage area at another location, which shall be subject
to the approval of the County Community Development Department.
35. SPECIAL CONDITIONS OF APPROVAL
35.1 Transportation System Impact Fee. The Landfill operator shall pay to the
County of Contra Costa a Transportation Impact Fee of $2.00 per ton of
waste received at the Landfill to mitigate the general impacts of the Landfill-
generated traffic on the County's road system. The operator shall deposit
the fee monies quarterly in a segregated account established by the
County. The fee shall be considered to be a pass-through business cost for
the purposes of rate setting. The fee shall be adjusted annually to reflect
the current Consumer Price Index.
The Board of Supervisors approved Amendment 1 to Land Use Permit 2020-89 on
November 1, 1994 which stayed the operation of Conditions 35.1 and 35.2 as long as
the new Condition 35.8 remains in full force and operation.
35.2 Open Space and Agricultural Preservation Fee. The Landfill operator shall
pay to the County of Contra Costa an Open Space and Agricultural
Preservation Fee of $2.00 per ton on solid wastes received at the Landfill to
mitigate the general impacts of the Landfill on open space, existing and
proposed recreational facilities, and agriculture. The operator shall deposit
the fee monies quarterly in a segregated account established by the
County. The fee shall be considered to be a pass-through business cost for
the purposes of rate setting. The fee shall be adjusted annually to reflect
the current Consumer Price Index.
The Board of Supervisors approved Amendment 1 to Land Use Permit 2020-89 on
November 1, 1994 which stayed the operation of Conditions 35.1 and 35.2 as long as
the new Condition 35.8 remains in full force and operation.
35.3 Property Value Compensation Program. The Landfill operator shall
provide funding for the preparation of a property value compensation
program study when requested by the County of Contra Costa. The study
will address the means of determining the extent of property value losses or
reductions attributable to Landfill impacts, such as aesthetics, noise, traffic,
or pollution, and the means of compensating property owners for said
losses or reductions. When a compensation program is adopted by the
Board of Supervisors, the Landfill developer shall fund it in the manner
specified by the Board. If the Board of Supervisors determines that
progress on the implementation of a compensation program is not
proceeding in a timely manner, the Board may require the use of a facilitator
and/or an arbitrator. The fee shall be considered to be a pass-through
business cost for the purposes of rate setting.
35.4 Resource Recovery Program Fee. The Landfill developer or operator shall
pay to the County of Contra Costa a resource recovery program fee of
Page 56
$200,000 annually, beginning July 1, 1990. The developer or operator shall
deposit the monies in a segregated account established by the County.
The extent of the fee shall be subject to reconsideration when a franchise or
agreement is established for the Landfill. The resource recovery program
fee from its inception shall be a pass-through business cost for the purpose
of rate setting. The fee shall be adjusted annually to reflect the current
Consumer Price Index.
35.5 Violation of Prescribed Haul Route. Upon a determination of the County
that a user of the Landfill has violated Condition of Approval Section 29 by
using a prohibited access route, and upon a written direction by the County,
the Landfill operator shall impose on that user the sanction that is directed
by the County. Such sanction may include a surcharge on the tipping fee,
prohibition against accepting waste from that user for a designated period
of time, revocation of County refuse-hauling license, or other sanction
directed by the County. A system for reporting alleged violation and for
monitoring enforcement data shall be established by the County and
Landfill operator.
35.6 Direct Property Acquisition Study. The Landfill operator shall study the
appropriateness of direct acquisition of properties immediately adjacent to
the project, and shall fund any acquisition program ordered by the Board of
Supervisors. The study shall be consistent with the Environmental Impact
Report and shall be completed prior to the issuance of a franchise
agreement.
35.7 Adjoining Sites. This permit authorizes the use of the Keller Canyon
Landfill site only for its specified waste disposal uses as set forth in these
Conditions of Approval, and for no other uses. In particular, during the
effective and operative periods of this Permit, the Keller Canyon site
covered by this Permit shall not be used to provide access to, or to
accommodate in any way the use of, any adjoining property for landfill
purposes, unless the County has approved the use of such adjoining
property for landfill purposes.
35.8 Mitigation Fee. The Landfill operator shall pay to the County of Contra
Costa a fee, the amount of which may be set by the Board of Supervisors
by a Board Order from time to time, which amount shall not be less than
$3.00 per ton and shall not be more than $4.00 per ton, on solid waste
received at the Landfill. The fee shall be used as directed by the Board in
its sole discretion: 1) to mitigate general impacts of the Landfill-generated
traffic on the County's road system, 2) to mitigate the general impacts of the
Landfill on open space, existing and proposed recreational facilities, and
agriculture, or 3) to mitigate any general impacts of the Landfill upon the
surrounding community.
Page 57
Conditions 35.1 and 35.2 of Land Use Permit 2020-89 are hereby stayed in
their operation as long as Condition 35.8 remains in full force and operation.
Should Condition 35.8 (or any portion of it) for any reason be set aside or
stayed in its operation, then Conditions 35.1 and 35.2 shall be in full force
and operation.
Condition 35.8 was added when Amendment 1 to Land Use Permit 2020-89 was approved. The
Board of Supervisors approved Amendment 1 on November 1, 1994 which stayed the operation
of Conditions 35.1 and 35.2 as long as the new Condition 35.8 remains in full force and operation.
36. LANDFILL GAS POWER PLANT
36.1 Power Plant Design. The design of the Landfill Gas Power Plant project as
approved is generally shown on the plans submitted to the Community
Development Department on October 16, 2001.
36.2 Ultimate Responsibility. These conditions of approval identify the Landfill
Gas Power Plant operator as the party primarily responsible for
implementing conditions involving the design, construction, improvements,
maintenance and management of the power plant. However, ultimate
responsibility for compliance with these conditions lies with the owner of the
landfill.
36.3 Keller Canyon Landfill Land Use Permit. The construction and operation of
the Landfill Gas Power Plant is also subject to all other conditions in Land
Use Permit 2020-89 for the Keller Canyon Landfill, as appropriate.
36.4 Violation/Revocation. The Landfill Gas Power Plant owner and operator
shall at all times comply with the provisions and requirements of these
Conditions of Approval. A repeated violation of any of these Conditions as
a result of the construction or operation of the Power Plant is cause for
revocation of the Land Use Permit for the power plant.
36.5 System Safety. Risk of fire (from gas, oil, or electrical sources) shall be
controlled through the use of flame sensors, ultraviolet (UV) radiation and
methane detectors, and fire extinguishers. These components shall be
installed at a minimum, in the power modules, exhaust and cooling
packages, and other locations as required by Code.
36.6 Equipment and System Monitoring. Instrumentation shall be provided for all
power plant equipment and systems which provide for a fully automated
monitoring and warning system. This will include an automated switch to
combustion flare if necessary. Additionally, routine monitoring of the gas
extraction system and power plant facility shall be performed during normal
business hours by at least one on-site operator.
Page 58
36.7 Engines. Power plant facilities shall use lean burn internal combustion
engines to meet BAAQMD regulations for oxides of nitrogen (NOx), carbon
monoxide (CO) and volatile organic compounds (VOC).
36.8 Hazardous Materials. Landfill Gas Power Plant operator shall prepare and
submit a Hazardous Materials Business Plan for the Power Plant in
compliance with requirements of the Hazardous Materials Division of Contra
Costa County’s Health Services Department.
36.9 Emergency Response. Landfill Gas Power Plant operator shall submit a
facility specific Emergency Response Plan and then implement and update
as needed, said Plan.
36.10 Notification of Plant Upset or Accidental Release. Landfill Gas Power Plant
operator shall notify the Community Development Department immediately
of any plant upset or accidental leakage or release of landfill gas. A written
report of the cause of any plant upset and the corrective measures taken by
the facility operator, shall be provided to the Community Development
Department within 72 hours after resolving an emergency.
36.11 Stormwater Pollution Prevention Plan (SWPPP). Landfill Gas Power Plant
operator shall implement the Keller Canyon SWPPP (prepared in 1996 and
as may be amended from time to time), for water resources protection
measures in case of spill of coolant, oil, or other lubricant.
36.12 Facility Design. Power Plant facilities shall be painted Bronze Olive or other
suitable color as approved by the Community Development Department.
Power Plant operator shall install a perimeter security fence to enclose the
power plant.
36.13 Power Plant Landscape Plan. A Landscape Plan for the Power Plant site
shall be submitted subject to the approval of the Community Development
Department. The location and types of landscaping proposed along the
security fence shall be specified.
36.14 Construction. Upon completion of construction, all construction materials,
including packaging materials, worker facilities, and debris will be removed
from the site. Additionally during construction all excess materials shall be
removed periodically, as needed.
36.15 Material Recycling. Whenever feasible, all oils, lubricants, and coolant
shall be recycled rather than disposed. Prior to issuance of a building
permit, the applicant shall submit a Debris Recovery Plan. Upon
completion of construction, the applicant shall submit a Debris Recovery
Report.
Page 59
36.16 Implementation & Compliance Monitoring. The operator shall provide
payment for costs associated with the Community Development
Department’s monitoring of implementation and compliance with these
Conditions of Approval.
36.17 Surcharge. A surcharge, if established by the County Board of
Supervisors, shall be paid to the County, by the operator, related to the sale
of landfill gas or the sale of electricity produced by burning said gas.
History of Revisions
7/24/1990 – Original Approval
11/1/1994 – Amendment 1 (added COA 35.8)
6/25/2003 – Amendment 2 (added Section 36 “Landfill Gas Power Plant” – LP012115)
3/23/2009 – Expanded the Table of Contents and added titles for COA 11.10 – 11.14
G:\Conservation\Matthew\Keller\KCL-LUPCOA_Amd2.DOC
Page C-1
Further Information in Response to February 11, 2014 Letter from
Miller, Starr and Regalia
The following supplemental information provides background related to the conclusions
identified in the “February 11th Letter from Miller, Starr and Regalia” section of the report to the
Board.
ANTI-TRUST & UNFAIR COMPETITION LAWS
Alleged violations of state and federal unfair competition and anti-trust laws fall outside
the County’s jurisdictional authority. It is not appropriate for the County to weigh in on
allegations that anti-trust and unfair competition laws have been violated by Republic
Services (Keller Canyon Landfill). In general, anti-trust and unfair competition laws are
enforced by the District Attorney’s Office or the California Attorney General’s Office for
state crimes, and by the United States Department of Justice if the violation is a federal
crime. Absent evidence of a violation that has been prosecuted by one of the
applicable authorities, the County is not able to speculate whether a violation
occurred nor would it be appropriate to do so.
If applicable authorities deem a violation has occurred, the County could decide to
issue a notice of violation pursuant to LUP Condition 3.1 but would be under no
obligation to do so. Prior to determining whether or not to issue a notice of violation,
the specific circumstances would be considered, including what if any options exist to
remedy said violation. The County may decide it is not appropriate to issue a notice of
violation elect not to do so for the reasons explained in the response under Condition
3.1 in Attachment D.
RATE DIFFERENTIAL ALLEGED TO VIOLATE CONDITION 5.1
Wilson Wendt’s February 11th letter suggests that Republic Services’ proposed Keller
Canyon Landfill per ton rate for disposal applicable to CCCSWA franchise competitors
violates Condition 5.1 of the Land Use Permit. This condition requires that Keller accept
waste generated in the County provided that “appropriate disposal fees are paid”.
Staff reviewed relevant background documentation to determine whether there is
evidence that adequately demonstrates a violation has occurred.
As noted in the report presented to the Board of Supervisors on February 25th, further
staff review, consulting assistance, and a fair amount of time would be needed if the
Board elected to pursue an official inquiry into the appropriateness of the fees. The
Board did not direct staff to retain a consultant to pursue this matter in February and
indicated this would be revisited if needed when returning to provide the Board with a
status report in late April.
Although the Keller Canyon Landfill LUP does not specify what constitutes “appropriate
fees”, Condition 11.9 authorizes the Director of DCD to interpret the Conditions in the
event any clarification is needed. DCD staff believes the County does not have
adequate cause to find that the proposed disposal rate of $69.43 per ton is not
“appropriate”. Although on the high end, this per ton amount does not exceed the
range of rates charged to existing customers disposing of similar wastes according to
ATTACHMENT C
Page C-2
Keller Canyon Landfill’s Schedule of Rates. Based on the information and facts
currently available, County staff does not believe there is adequate cause to pursue
any further inquiry into the appropriateness of Keller Canyon Landfill’s disposal rate
identified in Republic’s bid documentation submitted to the CCCSWA.
Staff has completed our review of the applicable evidence and did not identify any
need to retain a consultant to research this matter any further. County staff would not
recommend that the County incur the expense to retain a consultant to investigate
rates at this time. Dedicating resources to such an inquiry does not seem prudent
considering that the County does not have the authority to regulate rates were the
inquiry to conclude that a rate was not appropriate.
The evidence reviewed substantiates the conclusion that no violation has occurred as
Republic Services’ proposed Keller Canyon Landfill disposal rate submitted to the
CCCSWA does not constitute a refusal to accept in-County waste for an appropriate
rate. DCD staff would expect to revisit this issue in the future if circumstances change or
new information becomes available at which time we would evaluate the relevant
facts to determine what, if any, actions or recommendations may be warranted and
allowable.
KELLER CANYON LANDFILL’S LAND USE PERMIT CONDITIONS OF APPROVAL
Although the February 25th report addressed all of the major issues or questions raised in
this February 11th letter, there was not adequate time to present detailed responses
about each LUP Condition cited in Mr. Wendt’s letter. Due to the shear volume of
information involved, Attachment D was created solely to present detailed information
responding to issues raised about each of the LUP Conditions cited in the letter dated
February 11, 2014.
REPORTING AND OTHER CCCSWA FRANCHISE REQUIREMENTS
The February 11th letter includes a number of requests or allegations specific to the
CCCSWA’s Franchise Agreement. It appears that the letter’s author mistakenly
believed that the Franchise Agreement mentioned in Keller’s Land Use Permit referred
to or included the agreement administered by the CCCSWA. The Franchise
Agreement referred to in the Keller Land Use Permit is the Landfill Franchise and
therefore does not empower the County to enforce requirements in Franchises
administered by other agencies.
The County and CCCSWA have differing authorities and responsibilities. There is nothing
in Keller’s Land Use Permit providing the County with any authority over matters
governed by the CCCSWA’s franchise. Therefore, it is not appropriate for the County to
investigate compliance with the CCCSWA’s Franchise Agreement.
S:\Deidra\Keller-Telma\Board Order 4-29-2014\ATTACHMENT C for 4-29-2014.docx
Page D-1
Responses about Land Use Permit Conditions of Approval identified in
the February 11, 2014 Letter from Miller, Starr and Regalia
Compliance with Land Use Permit (LUP) Conditions – February 11th Letter
Mr. Wendt’s letter includes issues or questions relative to multiple LUP Conditions. Each
specified Condition is listed below followed by a summary of the issue(s) raised in the
letter and information staff is providing in response to each. Many of the issues involve
potential violations which have already be corrected, however others are specific to
rates for disposing at Keller Canyon Landfill which were identified in documents related
to the competitive CCCSWA franchisee selection process.
Condition 3.1: Compliance Objective
“The Landfill developer and operator shall at all times comply with the
requirements of laws and permits applicable to the facility. “
ISSUE: Letter identifies various operational and business practices which are alleged to
constitute multiple different violations, including potential violations of unfair
competition and anti-trust laws. The February 11th letter seems to suggest that Condition
3.1 provides for determining a Land Use Permit violation has occurred any time Keller is
not operating in compliance with all other permits and laws.
RESPONSE: The County DCD does not take the lead in enforcing compliance with
requirements in regulations or permits governed by other agencies. When an alleged
violation involves a requirement in the LUP conditions that does not overlap with any
other regulations or permits, DCD acts as the enforcement lead. When a potential
violation pertains to requirements in the LUP and other permits or regulations, the
County must assess the relative value of enforcing as an LUP violation on a case by
case basis. A determination by the applicable authorities that the operator is not in
compliance with applicable laws or permits could substantiate any decision the County
may make with respect to the issuance of a notice of violation pursuant to Condition
3.1.
When a potential violation involves an ongoing or periodic activity the operator can be
held responsible for, the County can issue a notice of violation specifying corrective
action to be taken. The first step in DCDs LUP enforcement process involve providing
the operator with due notice and an opportunity to remedy the violation. In which
case, said notice must specify what actions are required to correct said violation as well
as the timeframe in which that must occur in order to avoid having the LUP be subject
to revocation. The County’s options in terms of addressing LUP violations are somewhat
limited because most violations can’t be reversed or undone. If a permittee neglects to
implement the specified corrective action when required, the County’s could schedule
hearings to consider modifying or revoking the Land Use Permit.
ATTACHMENT D
Page D-2
As noted in Attachment C, the County should defer any determination related to
violations of state or federal anti-trust and/or unfair competition laws to the applicable
authorities.
Condition 3.3: State Minimum Standards
“The operation and maintenance of this facility shall at all times comply with
Minimum Standards for Solid Waste Handling and Disposal (California
Administrative Code, Title 14, Division 7, Chapter 3).”
ISSUE: Letter requests that County verify violations identified on US EPA’s and
CalRecycle’s online databases and which if any constitute infractions under the
California Code of Regulations (CCR), Title 14.
RESPONSE: County Environmental Health is designated as the Local Enforcement
Agency responsible for working with CalRecycle to enforce State regulatory
requirements applicable to transport, handling, processing and disposal of solid waste
pursuant to Title 14 and 27 of the California Code of Regulations (CCR). The LEA
enforces certain state minimum standards for landfills and other solid waste facilities.
The permit that most comprehensively addresses operational requirements at Keller
Canyon Landfill is the Solid Waste Facility Permit. A number of the conditions in Keller’s
Solid Waste Facility Permit are borne from these minimum standards. The Solid Waste
Facility Permit is issued by CalRecycle and enforced by Environmental Health as the
Local Enforcement Agency (LEA).
Pursuant to Condition 11.11 DCD staff relies upon the LEA as the agency with primary
jurisdiction to make determinations about the landfill operator’s status of compliance
with the specified minimum standards contained in state regulations. Staff has not
found any evidence that proves that Keller is not currently in compliance with the
Minimum Standards for Solid Waste Handling and Disposal.
Condition 3. 6. Subchapter 15
“The Landfill operator shall at all times comply with the provisions and
requirements of Subchapter 15 of Chapter 3 of Title 23 of the California
Administrative Code ("Subchapter 15") for a Class II waste disposal facility.”
ISSUE: Letter requests that the County evaluate the Landfill’s compliance with specified
State regulations pertaining to Class II waste disposal facilities.
RESPONSE: The condition actually includes an outdated regulatory citation which is no
longer accurate due to changes in state law. The County does not have authority over
the specified Title 23 requirements. Title 23 regulations fall within the purview of the
Regional Water Quality Control Board. This agency is also responsible for enforcing
compliance with each solid waste facility’s Waste Discharge Requirements (WDRs).
Pursuant to Condition 11.11 County staff relies upon the agency with primary jurisdiction
to make determinations about regulatory compliance or violations of the State’s
requirements specific to Class II waste disposal facilities.
Page D-3
Condition 5.1: Area of Origin
“The area of origin of all waste hauling vehicles admitted to the landfill,
shall be Contra Costa County. The Landfill operator shall not refuse to
receive eligible wastes which originate in Contra Costa County provided
such wastes are delivered to the facility in accordance with these
Conditions of Approval and the landfill's Solid Waste Facilities Permit, and
provided that appropriate disposal fees are paid.”
ISSUE: Letter alleges that the Land Use Permit vests the County with the authority to set
“appropriate” rates.
RESPONSE: The purpose of this Condition is to establish mandatory acceptance of in-
county wastes not establish requirements specific to rates which are all in Section 12 of
the Land Use Permit conditions. However, the County contracted away an ongoing
right or obligation to approve Keller Canyon Landfill’s rate in 1994 as discussed in more
detail in the February 25th report to the Board. This issue is discussed in more detail in the
“Rate Differential Alleged to Violate Condition 5.1” section of Attachment C.
Condition 7.1: Eligible Vehicles and Loads
“The Landfill operator shall screen loads to limit to the extent practicable
the intake of ineligible waste. Prior to receiving waste, the Landfill operator
shall prepare in writing a program for identifying eligible vehicles and
screening loads at the Landfill entrance, random sampling and inspection
for ineligible wastes, and checking loads at the Landfill disposal area. The
Load Inspection program shall include inspection for hazardous wastes
and procedures for their handling and off site disposal consistent with the
Contra Costa County Hazardous Waste Management Plan. The program
shall be subject to the approval of the County Health Services
Department and the County Community Development Department.”
ISSUE: Letter requests that the County investigate to verify if only eligible waste types
have been received and disposed of, and asks if there have been complaints about
accepting ineligible wastes.
RESPONSE: Information about historical incidents of ineligible waste acceptance at
Keller involving the County LEA was included in the February 25th report to the Board of
Supervisors. The LEA has no record of ineligible waste acceptance being reported
since 2005. In that case, a load was identified that should not have been delivered to
the facility; the operator self- reported the issue and took corrective action.
The only incident involving the acceptance of ineligible waste acceptance which
resulted in the issuance of a notice of violation by the Department of Conservation &
Development occurred in 2001. Staff concluded that certain precautionary measures
were needed to avoid similar occurrences involving the disposal of ineligible waste
loads as a result of procedural errors by the generator and landfill. Following the
issuance of the notice of violation, the landfill operator took appropriate corrective
actions in a timely manner.
Page D-4
Condition 11.1: Permit Review
“The Board of Supervisors will hold annual public hearings to review the
Conditions of Approval for this Land Use Permit for three years beginning
one year after the commencement of operations of the Landfill. The
Board may refer proposed changes to the Land Use Permit to the County
Planning Commission for processing. Thereafter, the County Planning
Commission shall hold public hearings on the Land Use Permit at
three-year intervals. As a result of a review and public hearing, the
County Planning Commission may recommend to the Board of
Supervisors new or modified conditions to improve the public health,
safety, and welfare. Nothing in this condition shall preclude the Landfill
owner from applying for amendments to the Land Use Permit at any time
or preclude the County from addressing emergency situations or new
requirements imposed by State or Federal legislation or the courts.”
ISSUE: Letter requests that the Board consider imposing additional conditions in the
interest of “fair competition”, which presumably involves changing how rates are set.
RESPONSE: As explained in Attachment C, the County would rely on the applicable
authorities to make any determinations about whether or not anti-trust and unfair
competition laws have been violated by Republic Services (Keller Canyon Landfill).
Additionally, as noted in the February 25th report to the Board, the terms of the Keller
Canyon Landfill Franchise Agreement limit what control, if any, the Board can exercise
over rates charged at Keller Canyon Landfill. As discussed in the April report to the
Board, the County has initiated the Permit Review Process which is expected to be
completed in late August as directed by the Board on February 25th.
Condition 11.6: Compliance and Mitigation Monitoring Program
“The Landfill operator shall provide a fund to support County staff
monitoring of compliance with Conditions of Approval and mitigation
monitoring programs, as designed and implemented by the County
Community Development and Health Services Departments.”
ISSUE: Letter requests a copy of Keller Canyon Landfill’s Compliance and Mitigation
Monitoring Program.
RESPONSE: A copy of Keller Canyon Landfill’s Implementation & Mitigation Monitoring
Program dated March 1, 1993 is included as Attachment G. Information regarding
ongoing compliance monitoring is contained in the Background section of the April 29th
report to the Board of Supervisors. Departmental staff costs associated with monitoring
compliance is reimbursed by the landfill operator.
Condition 11.11: Regulations Enforced by Other Agencies
“Several of these Conditions of Approval relate, paraphrase or
summarize laws and regulations which are imposed and enforced by
other governmental agencies which have jurisdiction over particular
aspects of this project. It is this Board's intent in adopting these Conditions
Page D-5
of Approval to provide the applicant and the public with an overview of
the scope of regulation applicable to this project and to provide this
County with enforcement power if such laws and regulations enforced
by other agencies are violated. Unless specifically stated in the
Conditions of Approval, however, it is not this Board's intent to establish
rules or regulations which are stricter than the laws or regulations which
are applied to this project by the other agencies with jurisdiction over
aspects of this project. If another agency primarily responsible for some
aspect of this project finds that any action or inaction is in compliance
with, or violates, any such law or regulation, that finding shall be
conclusive. If these Conditions of Approval require some approval by any
other agency and that agency declines to approve or disapprove the
subject matter, such approval shall be deemed to have been given for
purposes of these Conditions of Approval.”
ISSUE: Letter requests that County consider taking action on past violations reflected in
US EPA and CalRecycle databases.
RESPONSE: Letter seems to suggest that Condition 11.11 provides for and/or intends to
have multiple agencies taking duplicative enforcement actions resulting in multiple
penalties for a single violation. Condition 11.11 clearly states that the Land Use Permit
conditions are not intended to establish rules stricter than the laws/regulations.
Furthermore, it states that the agency with primary jurisdiction has final word about
determining that an action or inaction complies with or violates any such law. This
request about permit violations is duplicative of the request discussed under Condition
3.1 above. See discussion in “Operational Issues” section of the February 25th report to
the Board of Supervisors.
Most of the ongoing activities the operator is responsible for in order to remain in
compliance with their LUP involve operational requirements that are also contained in
permits or regulations enforced by County Environmental Health. Environmental Health
conducts unannounced inspections of the landfill each month and any violations are
noted in writing in their official inspection reports. Where the LUP requirement overlaps
operational requirements enforced by Environmental Health, their enforcement efforts
have proven to be quite effective and DCD has rarely found it necessary to initiate
separate enforcement actions. If the violation involves a recurring situation that may
lead to future undesirable outcomes, it may be worthwhile for the County to issue a
notice of violation clearly indicating what the permittee should do or not do to prevent
or avoid similar violations from that point forward.
Condition 12. 2: Rate Review
“The Board of Supervisors shall review and approve rates annually in
accordance with an approved rate application procedure. More
frequent review of rates may occur if requested by the landfill operator
and if the Board determines that changing circumstances warrant such
review. The Board may also review rates more frequently if the Board
determines that it is in the public interest to do so.”
Page D-6
ISSUE: Letter requests that the Board expeditiously establish a range of reasonable rates
for Keller Canyon Landfill.
RESPONSE: The County contracted away an ongoing right or obligation to approve
Keller Canyon Landfill’s rate in 1994 as discussed in more detail in the February 25th
report to the Board.
Condition 12. 3: Form and Content of Rate Review Application
“The landfill operator shall submit its rate application in a form and
content as specified by the County. Such application may require the
landfill operator to submit the application on forms and/or using
computer software provided by or specified by the
County. The County shall have the right to inspect and audit all records
of the landfill operators which support its rate review application.”
ISSUE: Letter requests that the Board expeditiously establish a range of reasonable
rates for Keller Canyon Landfill.
RESPONSE: The County contracted away an ongoing right or obligation to approve
Keller Canyon Landfill’s rate in 1994 as discussed in more detail in the February 25th
report to the Board.
S:\Deidra\Keller-Telma\Board Order 4-29-2014\ATTACHMENT D for 4-29-2014.docx
Page E-1
Further Information in Response to February 18, 2014 Letter from
Miller, Starr and Regalia
The following supplemental information provides background related to the conclusions
identified in the “February 18th Letter from Miller, Starr and Regalia” section of the report to the
Board.
ALTERNATIVE DAILY COVER (ADC) TONNAGE REPORTING FOR CCCSWA AREA
ADC tonnage reported to CalRecycle comes from the quarterly reports required by the
State’s Disposal Reporting System (DRS) regulations. All permitted landfills are obligated
to submit these reports to their respective host County which the host County must then
submit to CalRecycle.. The reports submitted to CalRecycle with ADC tonnage used at
local operating landfills are based on data the County receives from the operators of
the two in-county landfills. Each quarter, the landfill operator submits quarterly data to
the County reflecting the tons disposed and used as ADC at Keller Canyon Landfill, by
jurisdictions of origin. The County distributes quarterly reporting data to contacts for
each of the applicable jurisdictions of origin as well as CalRecycle as required by State
regulations. Keller Canyon Landfill’s quarterly reports have been submitted in
compliance with the applicable regulations.
Neither of the specified reports submitted to CalRecycle listing ADC tonnage received
by Keller provide a means for determining the total amount of ADC that originated
from within the CCCSWA boundaries. This is because both reports reflect the
“jurisdiction of origin” as defined in the applicable CalRecycle reporting requirements.
CalRecycle considers the CCCSWA to be one jurisdiction for reporting purposes which is
comprised of the incorporated areas within the five member cities. However,
CalRecycle considers the entire unincorporated area (including the portions within the
CCCSWA area) to be one reporting jurisdiction. Therefore, all unincorporated area
ADC tonnage is combined for CalRecycle reporting purposes consistent with
applicable State law and does not include any breakdown showing about for the
unincorporated CCCSWA area.
PROPER HANDLING & USE OF ADC – UNPROCESSED & FOOD WASTE
Keller Canyon Landfill’s operations, including the use of ADC, are subject to routine
scrutiny to ensure the facility remains in compliance with the applicable state
standards. The primary means of scrutinizing the landfill’s status of compliance is the
unannounced monthly inspections that are conducted by the County’s Environmental
Health Division, operating as the Local Enforcement Agency (LEA). As the LEA,
Environmental Health is responsible for working with the State agency known as
CalRecycle to enforce State regulatory requirements applicable to the transport,
handling, processing and disposal of solid waste as well as Keller’s solid waste facility
permit.
The allegations related to the improper handling or use of green waste as ADC are
based on concerns related to processing (grain size requirements) and food waste
(allowable contamination).
ATTACHMENT E
Page E-2
The purpose for including grain size requirements in the regulations governing the use of
ADC is to ensure adequate compaction potential of any materials being used for
cover. Adequate compaction of cover material helps ensure it serves as an effective
barrier to minimize infiltration of rainwater. Additionally, compacted cover material
traps landfilled waste and associated leachate and emissions within the landfill and its
associated control systems designed to manage any waste related fluid and gaseous
byproducts. Up to 5% of the ADC material used at Keller can be greater than the
maximum grain size requirement without triggering a violation. When combined, the
items that the CalRecycle staff person noted during the joint inspection in 2007 still fell
well below the 5% threshold. CalRecycle’s 2007 violation notice stated that the
Alternative Daily Cover (ADC) was not properly processed off-site before being used
on-site. The green waste used for ADC at Keller has not required processing as it
generally comes in to the facility in usable condition directly from curbside collection.
That material is spread and compacted using the bulldozers and compactors. The LEA
inspector has not found any such violations nor has the other CalRecycle inspectors
found any problems with the ADC since that date.
With respect to food waste, ADC material observed during inspections has not
contained any significant amount of food waste. Materials collected from CCCSWA
customers in areas that allow food waste to be placed in green waste carts are not
being comingled with materials used as ADC. in with their green wastenone of the
green waste mixed with food waste collected from customers the green waste mithe
LEA has informed Keller Canyon that green waste which is mixed with any appreciable
amount of food waste cannot be used as ADC; inspections by the LEA have not found
ADC mixed with food waste. State regulations allow up to 1% of contaminants
(including food waste) to be included in ADC.
For the reasons identified herein and in the “Operational Issues” section of the February
25th report, staff does not agree with the author’s conclusion that green waste has been
improperly classified as ADC.
FEES PAYABLE TO THE COUNTY FOR GREEN WASTE USED AS ADC
It is common practice for agencies to waive or reduce per ton fees imposed on
incoming material not disposed of as waste as a financial incentive to increase
diversion. Contra Costa County established a disposal based fee structure applicable
to waste accepted at Keller Canyon Landfill. The fees imposed by the County and
CalRecycle only apply to disposal and are not assessed on the tons of material that is
used as ADC or other beneficial reuse on-site. Therefore, whether or not County fees
apply to any particular load being accepted at Keller Canyon Landfill depends upon
whether it contains waste to be disposed of. The letter improperly concludes that large
amounts of green waste were improperly used as ADC and therefore should have been
subject to all of the County disposal-based fees.
The letter contains unsubstantiated conclusions which may be due in part to
misunderstandings related to Republic’s operations at the transfer station near Martinez
and Keller Canyon Landfill. In order to substantiate the claim that additional fees are
due for green waste reported as ADC, some conclusive information to that effect
would need to be obtained from the applicable regulatory agency(ies). The two
Page E-3
agencies with the authority to determine whether or not materials meet the applicable
ADC requirements is County Environmental Health and CalRecycle. In fact only one
notice of violation relative to ADC has ever been issued (this occurred in 2007). Staff
has seen no evidence of on-going problems associated with ADC compliance. Both
agencies have conducted multiple inspections since 2007 and no further ADC related
violations have been issued by either agency.
There is no information presented in the letter dated February 18th that adequately
substantiates the allegation that the County has not been paid the total amount of fees
(surcharge) due for green waste classified as ADC. County staff will continue
monitoring relevant facts about the landfill’s operations and the manner in which fees
are calculated and paid to help ensure that County fees are consistently assessed on
all waste that is actually being disposed.
S:\Deidra\Keller-Telma\Board Order 4-29-2014\ATTACHMENT E for 4-29-2014.docx
Page F-1
Further Information in Response to February 25, 2014 Letter from
Miller, Starr and Regalia
The following supplemental information provides background related to the conclusions
identified in the “February 25th Letter from Miller, Starr and Regalia” section of the report to the
Board.
FEES ALLEGED TO BE DUE FOR IMPROPER USE OF ADC & BENEFICIAL REUSE
The applicable body of evidence reviewed by staff does not substantiate the
allegations that green waste is being accepted or handled improperly. Therefore, no
additional County fees are due for green waste material that has actually been used as
ADC. Details substantiating this conclusion are contained in Attachment E.
DIRECT HAUL OF GREEN WASTE AND C&D VIOLATES THE SOLID WASTE FACILITY PERMIT
Direct haul of green waste used for ADC does not violate the Solid Waste Facility Permit.
The requirement specified in 17(i) of the Solid Waste Facility Permit only applies to
acceptance of Municipal Solid Waste (MSW). This requirement is intended to foster
diversion of MSW prior to acceptance at Keller. However, Keller’s use of ADC and
beneficial reuse has provided a means to increase diversion on-site for green waste
and certain construction and demolition(C & D) wastes. The manner in which non-
MSW is delivered and accepted at the landfill (direct haul or otherwise) has no bearing
on the status of compliance with this requirement.
As noted previously, Environmental Health, acting as the LEA, responds to any
complaints received and inspects the landfill on a monthly basis to enforce Solid Waste
Facility Permit compliance. The LEA routinely reviews relevant facility records, makes
their own personal observations of various aspects of the landfill’s operations as well as
interviews landfill employees as needed during monthly inspections. To date, there has
been no evidence found that would warrant issuance of a violation related to direct
haul of municipal solid waste pursuant to Section 17(i) of the Solid Waste Facility Permit.
REPORTS REQUESTED IN FEBRAURY 11TH LETTER
With the exception of the Implementation & Mitigation Monitoring Program
(Attachment G) noted in LUP Condition 11.6, the letter requests reports required by the
CCCSWA Franchise Agreement. For the reasons stated in the “Reporting and Other
CCCSWA Franchise Requirements” section in Attachment C, it is not appropriate for the
County to become directly involved in matters related to the implementation or
enforcement of requirements in the CCCSWA’s Franchise Agreement.
NOTICE OF VIOLATIONS NOTED IN EARLIER LETTER(S)
This letter suggests that the February 25th report does not discuss each of the violations
noted in the prior letters. Although not discussed in detail, the prior report did mention
a couple of violations issued in the past by the County LEA or CalRecycle. As noted
previously, the County LEA conducts monthly, unannounced inspections of the site. In
addition to these monthly inspections, every 18 months the LEA conducts a joint
inspection of Keller Canyon Landfill with CalRecycle inspectors. The violations issued by
ATTACHMENT F
Page F-2
the County LEA and CalRecycle generally result from observations or information
gathered during their inspections.
Over the operating life of the landfill, the LEA indicated that their inspectors rarely find
cause for issuing violations to Keller Canyon Landfill. As explained in the February 25th
report, appropriate corrective actions have been taken in a timely manner when
violations have been identified in the past. There has only been one violation issued
related to the handling of green waste accepted for use as ADC. The February 25th
report contains details about this violation issued by CalRecycle in 2007, which was
based on a misunderstanding about what in fact CalRecycle staff observed on-site
(material in a stockpile mistakenly characterized as ADC by CalRecycle staff). Putting
aside any question as to the validity of this past violation, it is important to note that
CalRecycle inspectors have not issued subsequent similar violations since. The fact that
no additional violations have been issued by CalRecycle indicates that state staff has
not observed any improper handling of ADC although they have conducted at least 4-
5 subsequent joint inspections since that time.
Staff reviewed the information contained in the ECHO database relevant to the Keller
Canyon Landfill. The only relevant regulatory information listed for the landfill site
pertains to the Clean Air Act. According to that database, there were two
“Enforcement Actions” in the past 5 years, both of which occurred in 2010. The first is
labeled as a State Notice of Violation and the second is listed as a State Administrative
Order. Any permitting requirements associated with the Clean Air Act applicable to
Keller Canyon Landfill are contained in the Title V Permit issued by the Bay Area Air
Quality Management District (BAAQMD). The Title V Permit governs the monitoring and
control of gas emissions and migration and fugitive dust. The Title V Permit was issued
by the BAAQMD in January 2008, which consolidated all BAAQMD operating permits
and compliance plans required for the landfill site. Staff requested and received some
information from Republic Services related to the violations that were noted in the EPA’s
ECHO database report enclosed with Wilson Wendt’s letter to the CCCSWA dated
February 14, 2014. The information provided by Republic Services is contained in
Attachment H. Republic Services has indicated that a majority of the information in
that database is either outdated or inaccurate. To date the company has been
unsuccessful in reaching anyone responsible for entering or updating that information.
When responding to alleged LUP violations, it is worthwhile to first consider what options
or limitations are dictated by the County’s legal authority. The only penalty available if
a land use permit violation is not corrected is to officially revoke the permit after
providing due notice. To the extent that violations occur in the future, the manner in
which they would be handled would vary depending upon whether or not the violation
applies to requirements enforced by multiple different agencies. If the violation solely
pertains to requirements unique to the LUP, no agency other than the County has the
enforcement authority or responsibility. Where the circumstances involve potential
violation of requirements in the LUP as well as other permits or regulations handled by
different agencies, the County is best served assessing the relative value of enforcing as
an LUP violation on a case by cases basis depending on the relevant context for each
situation. In most cases, other agencies with primary jurisdiction over the violation have
the ability to exercise more effective and appropriate enforcement options. Further
Page F-3
information is provided in Attachment D related to the approach used when multi-
jurisdiction enforcement is involved (see section related to Condition 11.11).
S:\Deidra\Keller-Telma\Board Order 4-29-2014\ATTACHMENT F for 4-29-2014.docx
1
KELLER CANYON LANDFILL
Evaluation of EPA ECHO Detailed Facility Report
Background
The Board Order dated February 25, 2014 includes a report from the County Administrator
regarding issues raised at the February 11, 2014 meeting related to the proposed franchise
agreement to be issued by the Central Contra Costa Solid Waste Authority (CCSWA). Part C of
the County Administrator's report (Violation of Operational Requirements at Keller Canyon
Landfill) correctly summarized that the LEA found that the Keller Canyon Landfill has operated
with a high degree of compliance, and that when violations or issues have been noted, the landfill
operator has been responsive in taking corrective actions. The LEA report concluded that the
Keller Canyon Landfill does not have chronic violations or operational issues.
Allegations of Non-Compliance
Miller Starr Regalia submitted a letter dated February 14, 2014 to the Chairperson of CCSWA
containing a list of questions and allegations of non-compliance by Republic Services
("Republic") with the LUP and applicable law. Specifically, page 2, Item 3 of the letter references
an attached report from Loewke Planning Associates. EPA's ECHO (Enforcement and
Compliance History Online) website and Detailed Facility Report for Keller Canyon Landfill
(KCL) is cited as containing documentation of notices of violation with various agencies. The
ECHO report indicates 12 quarters of Significant Violation.
After reviewing the Miller Starr letter and allegations concerning the EPA ECHO website,
Republic counsel attempted to reach ECHO personnel responsible for website content, without
success. The ECHO website does not appear to be an actively managed website, and did not have
a webmaster contact readily accessible when Republic counsel inquired regarding the validity of
the database entries.
Republic downloaded the report as of April 3, 2014 and checked the data in the ECHO database
for accuracy. Republic provides the following general response:
1. Republic counsel noted that the database is quite dated, and appears to be only infrequently
updated.
2. The ECHO database contains inaccurate and incomplete data related to recorded violations
and corrective actions taken by Republic Services. The designation of 12 Quarters of
Significant Violation is erroneous and unsupported by records. In addition, the designation
of KCL as a High Priority Violator (HPV) is incorrect, inappropriate, and also not
supported by the record. We anticipate that continued effort will be made to correct the
database inaccuracies.
2
3. Conclusions by Loewke Planning Associates based on data currently contained in the
ECHO Detailed Facility Report for KCL are therefore inaccurate and, if left uncorrected,
are misleading to the County Board and CCSWA Board.
Review of the ECHO Detailed Facility Report for Keller Canyon Landfill
Republic Services disputes a number of data fields in the ECHO Detailed Facility Report for KCL
including:
1. Page 2, under Enforcement and Compliance Summary: shows 12 quarters in Significant
Violation. Republic Services disputes this data and can demonstrate that there were not 12
quarters of Significant Violation during the period specified. Republic believes this section
requires updating to reflect corrective actions taken related to NOV No. A49170 in December
2008. Detailed information on this NOV is provided in the section that follows in Republic's
summary of recorded violations.
2. Page 2, under Enforcement and Compliance, Compliance Monitoring History (5 years): there
are no Findings presented. In addition, Republic has no record of a State PCE/On-Site
inspection occurring on 12/18/2009 as shown.
3. Page 3, under Compliance Summary Data: as noted in Item 1 above, Republic disputes the
"Yes" under the Current SNC/HPV pertaining to a High Priority Violator. Republic believes
this Yes designation was triggered by the erroneous data indicating 12 quarters of significant
violations.
4. Page 3, under Three Year Compliance Status by Quarter: as noted previously, Republic
strongly disagrees and disputes the designation of KCL as a HPV for the indicated 3-year
period inclusive of April 1, 2011 through March 41, 2014.
5. Page 3, under Formal Enforcement Actions (5 Years): the Penalty of $2,250 levied on
12/13/2010 is incorrect and is likely a duplicate of the Penalty of $2,250 shown at the top of
page 2 under "Enforcement and Compliance Summary."
While KCL has received an occasional notice of violation during the course of operating a facility
within a complex and evolving regulatory structure, the record demonstrates the operator always
responds to any compliance concerns in a timely and decisive manner.