HomeMy WebLinkAboutMINUTES - 12162014 - D.7RECOMMENDATION(S):
1. OPEN the public hearing, RECEIVE testimony, and CLOSE the public hearing.
2. ACCEPT report on the Permit Review hearing conducted by the County Planning Commission (Exhibits C and D).
3. FIND that the proposed new and modified land use permit conditions (Exhibit B) are exempt from the California
Environmental Quality Act (CEQA) under the General Rule of Applicability, Section 15061(b)(3), as the proposed
modifications to the permit conditions will not have any significant effects on the environment. DIRECT Department
of Conservation and Development (DCD) staff to file a Notice of Exemption.
4. APPROVE the proposed new and modified conditions of approval for the Keller Canyon Landfill Land Use Permit
(LUP), County File #LP89-2020, reflected in Exhibit B, as recommended by the County Planning Commission.
5. DIRECT Department of Conservation and Development staff to schedule the next Keller Canyon Landfill Permit
Review hearing before the County Planning Commission in one year.
FISCAL IMPACT:
No impact to the County General Fund. The Keller Canyon Landfill (KCL) Company is responsible for providing
reimbursement for the County’s staff costs associated with the Permit Review process.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/16/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:See Addendum
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: David Brockbank, (925)
674-7794
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: December 16, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.7
To:Board of Supervisors
From:John Kopchik, Interim Director, Conservation & Development Department
Date:December 16, 2014
Contra
Costa
County
Subject:Permit review to consider new and modified conditions of approval for Keller Canyon Landfill's Land Use Permit
BACKGROUND:
At the February 11, 2014 meeting of the Board of Supervisors (Board), several speakers provided oral and written
information to the Board regarding the proposed Central Contra Costa Solid Waste Authority (CCCSWA)
franchise agreement process which was underway. Among the issues raised in letters submitted to the Board by
persons representing Mt. Diablo Recycling and the California Compost Coalition, were a number of questions and
concerns related to certain aspects of KCL’s operations and LUP, including the lack of permit review hearings
called for by Condition 11.1.
On February 25, 2014, the Board reviewed staff responses to issues raised and directed DCD staff to complete the
Permit Review called for in Condition 11.1 of the KCL LUP within six months. The Board requested that staff
report back in 60 days to provide a status report on the Permit Review process for the Keller Canyon Landfill
LUP.
On April 29, 2014, DCD staff returned to the Board to provide a status report of the permit review and provide
additional response to the most recent of the various letters that had been received in the preceding months on this
topic from representatives of Mt. Diablo Recycling, the California Compost Coalition and Republic Services
(owner of Keller Canyon Landfill). Staff anticipated completing the entire review by the August 2014 deadline.
Ms. Dana Dean, representing the California Compost Coalition, one of the interested parties that addressed the
Board in February and April, returned to the Board on August 5, 2014 to request a two month extension to this
deadline in order to allow for further review of associated documents and materials and discussion with County
staff. At its meeting on August 12, 2014, the Board approved staff’s recommendation to extend the permit review
hearing timeline by two months to October 28, 2014 in response to the request of Ms. Dean and her client,
Monica White, from the California Compost Coalition.
PERMIT REVIEW HEARING – COUNTY PLANNING COMMISSION
A public hearing was held before the County Planning Commission (CPC) on Tuesday, October 28, 2014, to
review the existing conditions of approval for Keller Canyon Landfill's approved LUP. The basis for this review
is Condition of Approval 11.1, which provides the Board of Supervisors and/or CPC the opportunity to review the
LUP conditions in order to determine if any new or modified conditions are needed to improve public health,
safety, and welfare. Condition 11.1 also makes clear that the County is not precluded from addressing emergency
situations, or new requirements imposed by legislation or the courts. Any new or modified conditions identified
by the CPC are to be considered recommendations subject to the review and approval of the Board of Supervisors
pursuant to Chapter 418-4 of the County Code.
Condition 11.1 states:
“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.”
The LUP review criteria are outlined in a June 20, 1995 Board Order (Exhibit C to the October 28, 2014 staff
report to the CPC). This Permit Review Criteria is divided into two parts (see Exhibit C to the October 28th CPC
staff report). Part I includes background research to be conducted by staff prior to conducting the public hearing.
Part I also provides context related to the permit review authority and intent, status of existing LUP conditions of
approval and other matters. Additional details are provided below to illustrate staff’s research as it relates to Part I.
Consistent with Condition 11.1, Part II outlines the criteria for the actual permit review hearing before the County
Planning Commission. In addition, Part II specifies five circumstances that 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.
In order to produce the volume of background information necessary to satisfy the permit review criteria, an
extensive amount of time was dedicated to researching, compiling and analyzing facts as well as coordinating
with the Landfill operator, governmental agencies and other interested parties (including Ms. Dean and her
clients). Once this was completed, only a limited amount of time was left for public review and comment on the
extensive staff material. Due to the limited time frame, one comment letter was submitted to the CPC the day
before the hearing and another letter was submitted on the day of the public hearing. As a result, the CPC
continued the public hearing to November 18, 2014, in order for staff to respond to these comments (see Exhibit F
for comment letters received by the CPC).
Prior to the November CPC hearing, staff held a series of discussions with with the authors of the comment letters
and the landfill operator regarding the issues raised in the comment letters. After those discussions, staff prepared
a supplemental staff report to the CPC. Staff did not recommend all of the changes desired by the Landfill
operator and other interested parties, however we attempted to address the majority of issues and concerns raised
by recommending further modifications to the conditions of approval.
On November 18, 2014, the CPC heard the rest of the public testimony, including from representatives of the
Keller Canyon Landfill Company, the California Compost Coalition, and the Northern California Recycling
Association (NCRA). The County Planning Commission voted to recommend approval of the recommended new
and modified conditions reflected in Exhibit B (see Resolution attached as Exhibit A). Of the 284 conditions there
are 79 for which modifications are being recommended. Additionally, there are five new conditions, four of which
pertain to direct haul of waste or materials to the landfill. The modifications range from minor changes for
consistency with current law to more stringent controls to ensure adequate waste diversion occurs.
GREEN WASTE USED AS ALTERNATIVE DAILY COVER (ADC)
The primary remaining concern raised by Ms. Dean and the California Compost Coalition pertains to material
used as ADC at Keller. Comments in Ms. Dana Dean's letter to the CPC, dated October 27, 2014, about green
waste being used as ADC are similar to the concerns that were originally raised during Board meetings held in
February and April 2014. DCD has coordinated with the Environmental Health Division of the Health Services
Department (Contra Costa Environmental Health) to review and report on this concern, which is a regulatory
compliance issue and does not have bearing on the recommended new or modified LUP conditions.
Contra Costa Environmental Health operates as the Local Enforcement Agency (LEA or EA) to the California
Department of Resources Recycling and Recovery (“CalRecycle”). The LEA and CalRecycle are the two agencies
with the authority and responsibility for enforcing the requirements in KCL’s solid waste facility permit. These
agencies are also responsible for enforcing State regulatory requirements applicable to the transport, handling,
processing and disposal of solid waste, including ADC requirements. The LEA conducts monthly, unannounced
inspections of the site and every 18 months conducts a joint inspection with Cal Recycle inspectors.
Section 20690(b) of Title 27, California Code of Regulations (CCR) states in part:
“All types of ADC must be approved by the EA [Enforcement Agency] in writing prior to use at solid waste
landfills as consistent with Title 27, California Code of Regulations, section 21570 through section 21686.
Proposed uses of alternative daily cover materials not specified shall be subject to site specific
demonstration projects approved by the EA with concurrence by the CIWMB [California Integrated Waste
Management Board, now known as CalRecycle] to establish suitability as daily cover.”
Section 20690(b)(3) of CCR Title 27 specifies standards applicable to using “Processed Green Material” as ADC.
Subsection B states in part: “processed green material shall comply with a grain size specification by volume of
95 percent less than 6 inches”. Alternative processing and grain size specification requirements may be approved
by the LEA if it determines that the alternative meets certain performance requirements, and CalRecycle concurs.
KCL’s use of green waste as ADC was never proposed to be “Processed Green Material” as defined under
Section 20690(b)(3). In April of 1999, KCL initiated a site-specific demonstration project to prove the
effectiveness of unprocessed green waste cover material with an alternative grain size in excess of 6 inches. No
problems associated with odor, vectors, litter, or moisture infiltration were observed during routine inspections
conducted by the LEA for the demonstration project. The ongoing use of green waste of alternative grain size was
subsequently approved by the LEA and incorporated into their operational report that serves as the basis for
issuance of their Solid Waste Facility Permit (SWFP). CalRecycle concurred in the issuance of the SWFP which is
the only approval the LEA believes to be necessary since they have no record of written concurrence or denial of
the demonstration project.
The LEA sent a letter to DCD dated November 7, 2014 (Exhibit E) which states that the current practices
involving the use of unprocessed green waste as ADC were reviewed and approved by the LEA beginning with
the 1999 demonstration project. The ADC protocols used by the landfill are described in a letter to KCL dated
February 24, 1999 from the LEA (attached to Exhibit E). The LEA conferred with the California Integrated Waste
Management Board (now CalRecycle) extensively throughout the review and approval process initiated in 1999.
In July 2014, DCD staff sent a letter to CalRecycle asking a number of questions, including whether KCL is
operating in compliance with applicable state regulatory requirements. CalRecycle staff referred DCD staff to the
LEA noting that LEA staff were best suited to answer those types of questions. The LEA sent a letter dated
September 18, 2014 to CalRecycle seeking clarification about CalRecycle’s concurrence for the alternative grain
size green waste ADC demonstration project in the hopes it would yield a response from CalRecycle offering a
definitive determination. To date, no response has been received from CalRecycle.
Only one notice of a violation has been issued by CalRecycle for using green waste that did not meet size
standards, which occurred in 2007. According to the LEA, the material cited as the basis for the violation was not
used as ADC and, therefore, should not have been treated as a violation. CalRecycle has conducted six
inspections since 2007, none of which resulted in a subsequent notice of violation. A supervisory inspector from
CalRecycle conducted impromptu site visits/inspections of Keller Canyon Landfill in October and November,
presumably to investigate concerns about the unprocessed green waste being used as ADC. The LEA inspector
was present for the first impromptu visit and answered numerous questions about the cover material. No problems
were identified verbally during that site visit and no written information about either visit has yet been provided
by CalRecycle.
The State regulations allow up to 1% of contaminants (including food waste) to be included in ADC. The LEA
sent a letter to KCL in 2006 confirming that green waste mixed with food waste should not be used as ADC.
According to LEA staff, they have not found green waste ADC to be contaminated with food waste during the
approximate 168 unannounced monthly inspections conducted at KCL (see Exhbiit E).
Conclusion: Staff does not believe that the evidence currently available substantiates the allegation that
CalRecycle still needs to concur with KCL’s demonstration project through the approval of the operating report
and permit in 2002. In order to conclude a violation has occurred, such determination must be made by the LEA
or CalRecycle. As stated above, CalRecycle staff has not identified any regulatory compliance concerns related to
ADC used at KCL since 2007. The LEA staff has indicated that KCL’s use of unprocessed green waste does not
violate Title 27 and has not observed food waste mixed in the green waste material being used as cover.
Ongoing Review of Tonnage Reports: In September 2007, a food scraps collection program was launched in
Lafayette and residential customers were encouraged to place food scraps into their curbside greenwaste cart. A
total of 337 tons of Lafayette’s “green waste” was reported as having been direct hauled to KCL for use as ADC
between October 2007 and June 2012. Waste Management (hauler) explained that this tonnage was collected on a
route that serves both Lafayette and surrounding unincorporated area(s) so the amount of food waste that may
have been in each load is not known. This 337 tons represents a total of 39 loads, which is a small fraction of the
total amount of green waste collected from Lafayette. These loads arrived over a period of five years: nine in late
2007, 20 in 2008, two in 2009, five in 2010, two in 2011 and one in 2012. The remaining loads of Lafayette green
waste were sent to other facilities. The 2012 date corresponds to when they completed rerouting for the area.
Given the limited occurrences, driver error declaring the Lafayette origin incorrectly may have contributed to this.
Staff is continuing to review past tonnage reports and discuss with interested parties to confirm whether remaining
concerns about food waste being mixed in green waste ADC require any further investigation.
PROCESSED CONSTRUCTION AND DEMOLITION (C&D) MATERIAL TO BE USED AS ADC
Pursuant to LUP Condition 20.3, compacted soil meeting state regulatory requirements, is to be used as landfill
cover material. However, in accordance with the permit review criteria, staff is recommending a modification to
this condition, as well as Condition 25.4, which references cover material for litter control measures (see Exhibit
B). The recommended modifications would allow “other” cover materials that meet state regulatory requirements,
which would be “enforced by the LEA”, and “approved in writing by DCD.” The landfill operator submitted a
request to DCD and the LEA for authorization to use processed construction and demolition (C&D) materials as
ADC.
Section 20690 of CCR Title 27 limits C&D materials to be used as ADC to the following: rock, concrete, brick,
sand, soil, ceramics, cured asphalt, lumber and wood, wood products, roofing material, plastic pipe, plant material
when commingled from construction work, and fines derived from processing the above materials. Prior to being
used as ADC, regulators require that C&D materials be processed first to ensure consistency with the allowed
grain sizes, measured by volume (95% of the processed C&D material shall be less than 12 inches and 50% shall
be less than 6 inches).
If the Board of Supervisors approves the recommended changes to the LUP Conditions of Approval reflected in
Exhibit B, DCD staff intends to issue a letter of authorization to the Landfill operator to allow the use of processed
C&D material meeting the specifications prescribed Section 20690 of Title 27.
COORDINATION BETWEEN DCD AND LEA
Concerns voiced by the District III Supervisor at the April 29, 2014 meeting of the Board of Supervisors served as
an impetus for identifying opportunities for increased coordination and communication between DCD and the
LEA. DCD and LEA staff have been working together to formalize coordination protocols (provided below) in
order to enhance permitting and regulatory compliance efforts and communications between the two departments.
LEA staff will send DCD staff copies of all monthly inspection reports.
DCD staff will copy LEA staff on the monthly DCD Code Enforcement reports which address field
observations aimed at verifying compliance related to certain off-site issues (e.g. odor, and litter).
DCD and LEA staff have clarified which documentation submitted by KCL and other agencies should
remain in the custody of DCD and/or the LEA.
DCD staff will periodically accompany LEA staff on their monthly unannounced inspections. This will also
allow staff from each agency to discuss the ongoing compliance with the LUP and SWFP. This will help
DCD staff understand the LEA’s inspections and the resulting inspection reports.
Staff from DCD and the LEA will meet more frequently when warranted.
DCD and LEA staff will continue to seek additional opportunities to share information that can help aid
mutual compliance.
DCD and LEA staff will collaborate about permit requirements for the periodic review/update process for
the LUP and the SWFP. Both permits are being reviewed in 2014 as discussed in more detail below.
DCD staff will provide the LEA staff with a copy of the annual compliance status reports to be submitted by
KCL pursuant to modified Condition 11.1.
This is the first comprehensive land use permit review that DCD has prepared for the KCL. If staff’s
recommendations are approved by the Board, DCD will be directed to review the land use permit again in one
year, and eventually every three years. Similarly, the SWFP, administered by the LEA is required to be reviewed
and if necessary, revised at least once every five years. The SWFP review process requires the LEA to notify the
landfill operator of any pending permit review and prepare a report as described in the CCR Title 27, Section
21675. This permit review process also requires the landfill operator to submit an application along with any
associated or required documents pursuant to Section 21640 of Title 27. Once the review is complete, the LEA
submits the permit review report to the landfill operator and sends a copy to CalRecycle. The five-year review of
KCL’s SWFP was recently completed by the LEA and they submitted the required report to CalRecycle.
The detailed review of existing requirements in the SWFP, State minimum standards (California Code of
Regulations Titles 14 and 27) and the conditions of the LUP have helped staff from DCD and the LEA better
understand what could be done to enhance monitoring coordination. Exchanging copies of monthly reports will
allow DCD and LEA staff to address any concerns that may be raised in the reports in a timely manner. Periodic
joint inspections in addition to the other above noted protocols provide a framework that facilitates more
systematic information sharing and routine communication between DCD and the LEA focused on KCL.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the recommended new and modified conditions of approval for the Keller Canyon
Landfill Land Use Permit, the existing conditions of approval would remain in effect and continue to govern the
use of the landfill site.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
Speakers: Monica White, California Compost Coalition; Dana Dean, California Compost Coalition; A.J.
Fardella, Oak Hills Community Group; Scott Gordon, Keller Canyon Landfill Co. (handout attached); Rick
King, Keller Canyon Landfill Co.; Garrett Evans, City of Pittsburg; Evan Edgar, California Compost
Coalition. By unanimous vote, APPROVED Conditions of Approval 20.3, 25.4, 31.5 pertaining to alternative
daily cover; By unanimous vote, CONTINUED the open hearing on these limited issues to March 3, 2015 at
9:00 a.m. in order for staff to research and report back regarding the following: 1. provide a list of cities in the
County that do not have C&D ordinances; 2. assess the significance of potential changes identified in a formal
proposal to be submitted by the City of Pittsburg on or before January 9, 2015 and identify any associated
impact on the County’s authority; 3. amount of waste currently being direct hauled to Keller Canyon that could
be recovered and would therefore have to go through a transfer station as a result of the new / modified
conditions of approval [ possible decrease in associated fees paid to the County]; 4. obtain the information
needed from Republic in order to estimate the time frame necessary to complete permitting and the CEQA
processes that would allow on-site processing at Keller Canyon; 5. identify CEQA implications associated with
approving staff’s recommended new and modified Conditions.
ATTACHMENTS
A - County Planning Commission Resolution
B - New and Modified Conditions of Approval
C - October 28, 2014 County Planning Commission Staff Report
D - November 18, 2014 County Planning Commission Supplemental Staff Report
E - November 7, 2014 Letter from Environmental Health
F - Comment Letters to the County Planning Commision
This document only contains the Conditions of Approval proposed to be either added or
modified. *
NEW Conditions are shown in shaded text for ease of identification.
MODIFIED Conditions are shown in underline/strikeout formatting to discern what
changes are being proposed.
Underline = Language proposed to be added
Strikeout = Language proposed to be eliminated.
* GLOBAL TEXT EDITS to the all Conditions of Approval to update and correct regulatory
references and public agency names, like those noted below, are proposed to be applied
to all applicable Conditions if approved as recommended.
Community Development (CDD) Conservation and Development (DCD)
Riverview Fire Protection District applicable Fire Protection District
Health Services Department Contra Costa Environmental Health
[except those Conditions intended to refer to the Hazardous Materials
Division]
PROPOSED NEW OR MODIFIED CONDITIONS
FOR 2014 PERMIT REVIEW
-"/%64&1&3.*5
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EXHIBIT B
Page i
PROPOSED NEW OR MODIFIED CONDITIONS OF APPROVAL
2.3 Assignment of Responsibility. ...................................................................................... 1
3.1 Compliance Objective ................................................................................................... 1
3.3 State Minimum Standards ............................................................................................ 1
3.4 Land Use Permits ......................................................................................................... 1
3.5 Solid Waste Facilities Permit ........................................................................................ 2
3.6 Class II Landfill Requirements ...................................................................................... 2
3.9 Notice Coordination ...................................................................................................... 2
5.1 Area of Origin ................................................................................................................ 2
5.2 Out-of-County Wastes .................................................................................................. 2
5.5 Pre-Requisite Curbside Recycling Program ................................................................ 2
6.1 Eligible Wastes ............................................................................................................. 3
6.2 Designated Wastes ...................................................................................................... 3
6.5 Emergency Use ............................................................................................................ 3
6.6 Hazardous Waste Screening and Management .......................................................... 4
6.7 Area of Origin Restrictions ............................................................................................ 4
7.2 Load Covering .............................................................................................................. 4
8.1 Eligible Vehicles ............................................................................................................ 4
8.5 Direct Haul .................................................................................................................... 5
8.6 Direct Haul Procedures. ............................................................................................... 5
8.7 Direct Haul Reports. ..................................................................................................... 6
8.8 Emergency Direct Haul. ................................................................................................ 7
9.1 Hours of Operation ....................................................................................................... 7
9.2 Operating Days ............................................................................................................. 8
9.3 Maximum Daily Tonnage .............................................................................................. 8
10.1 Volume Estimation ........................................................................................................ 8
10.3 Waste Characterization ................................................................................................ 8
11.1 Permit Review ............................................................................................................... 8
11.2 Local Advisory Committee ............................................................................................ 9
11.3 Insurance and/or Bonding ............................................................................................ 9
11.4 Notification Program ................................................................................................... 10
11.6 Implementation and Mitigation Monitoring Program .................................................. 10
11.10 Conditions Requiring Franchise ................................................................................. 10
11.11 Regulations Enforced by Other Agencies .................................................................. 10
11.12 Required Expenditures ............................................................................................... 11
11.13 Designation of Authority ............................................................................................. 11
12.1 Rate Approval ............................................................................................................. 11
12.2 Rate Review ................................................................................................................ 12
12.3 Form and Content of Rate Review Application .......................................................... 12
13.1 Franchise Compliance and Agreement ..................................................................... 12
13.2 Assignment ................................................................................................................. 12
14.2 Regulatory Agency Approvals .................................................................................... 12
16.2 Seismic Design ........................................................................................................... 13
16.4 Geotechnical Inspector ............................................................................................... 13
16.6 Slope Monitoring ......................................................................................................... 13
16.8 Emergency Landslide and Earthquake Program ....................................................... 13
17.6 Downstream Well Monitoring ..................................................................................... 14
17.11 Water Balance Calculations ....................................................................................... 14
Page ii
17.17 Working Face .............................................................................................................. 14
18.2 Surface Drainage System .......................................................................................... 14
18.4 Surface Water Management and Sediment Control Plan ......................................... 14
19.4 Hazardous Waste Pre-screening ............................................................................... 16
19.5 Regulatory Agency Approvals .................................................................................... 16
20.2 Odor Containment ...................................................................................................... 16
20.3 Cover Frequency. ....................................................................................................... 17
20.4 Odoriferous Loads ...................................................................................................... 17
20.7 Air Flow Monitoring ..................................................................................................... 17
20.8 Contingency Program ................................................................................................. 18
20.9 Revegetation ............................................................................................................... 18
20.17 Landfill Gas Testing .................................................................................................... 18
20.19 Cell Re-Opening ......................................................................................................... 19
20.20 Fissure Repair ............................................................................................................. 19
20.23 Speed Limits ............................................................................................................... 19
21.2 Noise Monitoring Program .......................................................................................... 19
22.2 Landscape Plan .......................................................................................................... 20
24.6 Mosquito Control ......................................................................................................... 20
25.1 Litter Control Objective ............................................................................................... 20
25.2 Load Covering ............................................................................................................ 20
25.4 Contingency Litter Control .......................................................................................... 20
25.7 On-Site Litter Policing ................................................................................................. 21
25.8 Off-Site Litter Policing ................................................................................................. 21
25.11 Public access .............................................................................................................. 21
26.9 Gas Migration Monitoring ........................................................................................... 21
27.3 Security Staffing .......................................................................................................... 21
29.2 Access Route .............................................................................................................. 22
29.9 Peak Period Traffic Management ............................................................................... 22
31.4 Materials Recovery ..................................................................................................... 23
31.5 Composting Program .................................................................................................. 23
31.6 Wood Chipping ........................................................................................................... 24
31.9 County Resource Recovery Management Program.................................................. 24
32.2 Exemption ................................................................................................................... 24
32.6 Dust Suppression ....................................................................................................... 25
33.2 Funding of Closure and Postclosure Maintenance Plan ........................................... 25
35.4 Resource Recovery Program Fee ............................................................................. 25
35.5 Violation of Prescribed Haul Route ............................................................................ 26
History of Revisions........................................................................................................... 26
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 1
2.3 Assignment of Responsibility.
(a) The Board may assign the responsibility of administering specific
Conditions of Approval or provisions of this LUP, such as State
Minimum Standards, to County Departments or other units of
government.
(b) The Board may suspend the implementation of conditions or provisions
of this LUP where such conditions or provisions are inconsistent with
the terms of a contract or agreement entered into between the Board
and the operator or other units of government, or by the terms of a joint
powers agreement where the County is a member of the joint powers
agency. This would not alleviate the need to comply with the public
approval process required when amending this LUP. Any Board
approved suspension would automatically be nullified at such time as
the contract or agreement no longer includes terms inconsistent with
the specified condition.
(c) For the purposes of Condition 2.3(b), the Franchise Agreement
between the County and the Landfill Owner as amended in November
1994, is an eligible contract.
(d) If no contract or agreement is in force, as referred to in Condition 2.3(b),
the County retains authority to implement this LUP and all of its
Conditions.
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. This condition is not intended to grant authority or assign
responsibility to the County for the independent enforcement of regulatory
and permitting requirements that fall within the primary jurisdiction of other
agencies (see Condition 11.11).
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 of Regulations, Title 14 and
Title 27, 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 may be cause for revocation of the
Land Use Permit pursuant to County Code Section 418-4.020 following
reasonable written notice. Alternatively, the County has the option of issuing
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 2
formal notices and assessing penalties pursuant to Section 4.19 of the
Landfill Franchise Agreement or County Code Chapter 14-6, Civil
Enforcement.
3.5 Solid Waste Facilities Permit. The Landfill operator shall conform with all
provisions and requirements of the Landfill's Solid Waste Facilities Permit,
and any related directives of which is based on the guidelines of the
California Department of Resources Recycling and Recovery (CalRecycle)
or Contra Costa Environmental Health, as the Local Enforcement Agency for
CalRecycleIntegrated Waste Management Board.
3.6 Subchapter 15Class II Landfill Requirements. The Landfill operator shall at
all times comply with the Class II waste disposal facility provisions and
requirements of Article 3, of SubcChapter 15 of Chapter 3 of Title 23 and
Title 27 of the California Administrative Code of Regulations ("Subchapter
15") for a Class II waste disposal facility.
3.9 Notice Coordination. Copies (or originals) ofThe Landfill operator shall notify
the Department of Conservation and Development (DCD) in writing at the
time anyll reports is submitted to other agencies concerning the design,
operation, and maintenance of the Landfill facility. shall be sent by mail or
hand-delivery,and cCopies shall be made available or mailed to DCD offices
at 30 Muir Road in Martinezthe Community Development Department upon
request, 651 Pine Street, 4th Floor North Wing, Martinez, CA 94553-0095.
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 or cover materials which originate in Contra
Costa County provided such wastes or materials are delivered to the facility
in accordance with these Conditions of Approval and the landfill's Solid
Waste Facilities Permit, and provided that appropriate disposalthe required
governmental fees are paid. Rate setting requirements are specified in the
Landfill Franchise Agreement and Section 12 of this Land Use Permit.
5.2 Out-of-County Wastes. INVALIDATED BY LEGISLATURE
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.
5.5 Pre-Requisite Curbside Recycling Program. The Landfill shall not admit for
disposale of waste loads from communities which do not have in operation
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
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an eligible curbside recycling, or equivalent, programs as determined by the
Department of Conservation and Development. An eligible program shall
recover a range of recyclable materials approved by the Board of
Supervisors. Board of Supervisors approval may be interpreted as a
consistent cy with a curbside recycling program operating pursuant to a
Board of Supervisors-approved franchise agreement.. The Board of
Supervisors has the discretion to identify additional factors to be considered
when determininge the eligibility. The Board retains the authority to approve
of a community's programs previously deemed to be ineligible by the
Department of Conservation and Development.
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 (07-AA-
0032), administered by the Contra Costa Environmentalunty Health Services
Department, and consistent with the 1990 Environmental Impact Report and
Board of Supervisors' policies and approvals (including the Board of
Supervisors conditional authorization in 1992-93 to accept special wastes
and limited direct haul – see Conditions 8.5 through 8.7) 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 inby Section 20210522 of Article 2 of Subchapter 15, of
Title 2327, of the California Administrative Code of Regulations and Section
13173 of the California Water 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 disposalwaste types
allowed for disposal pursuant to Condition 6.1. The Board of Supervisors
may designate special rates for this waste to the extent allowed pursuant to
the terms of the Landfill Franchise Agreement.
6.5 Emergency Use. If the service area of the Landfill is determined to be a sub-
area of the County, the County Department of Conservation and
Devlelopment or Contra Costa Environmental 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(s) 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 any time period deemed
necessaryup to two years.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
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6.6 Hazardous Waste Screening and Management. See Section 19.
6.7 Area of Origin Restrictions. See Condition Section 5.
7.2 Load Covering. The Landfill operator shall spot check all incoming waste-
hauling vehicles for proper covering or containerization consistent with the
requirements of Section 418-2.008(a) of the County Code. The operator
shall not admitidentify any waste loads which are susceptible to littering or
leakage because of the lack of covering, inadequate covering, or disrepair of
screens, covers or containers. Customers delivering any such waste loads
shall be required to provide evidence that corrective actions have been
taken to effectively cover and contain waste loads (e.g. waste adequately
secured with covers and containers in good repair) in order to be eligible
to deliver waste loads in the future. Landfill operator shall track and report
applicable details about the occurrences and corrective actions taken to
the County Department of Conservation and Development annually.
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. Program may be subject to the approvaled byof
the Board of Supervisors if deemed necessary for consistency with
the Countywide Integrated Waste Management Plan.
b) Demolition and construction material trucks hauling debris that is
would not be recycled or otherwise diverted from disposal if
processed at a local Transfer Station originating in Contra Costa
County. There are If the Board of Supervisors has established waste
reduction requirements goalsthat apply to such wastes generated
byfor the businesses and industries generating such wastes, therefore
the operator shall assist the County to help ensure generators shall
compliancey with such requirements or goals through implementation
and compliance with Conditions 8.5 – 8.7.
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 and other byproduct trucks
originating in Contra Costa County, with loads complying with San
Francisco Regional Water Quality Control Boards solids-to-liquid
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
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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 which cannot be feasibly processed through a
Transfer Station.
8.5 Direct Haul. Only wastes in the prescribed vehicles which would not be
recycled or otherwise diverted from disposal if processed through a local
transfer station may be considered for direct haul pursuant to the
Procedures specified in Condition 8.6. Loads containing materials that will
be used as cover or otherwise beneficially reused on-site and treated as
diversion under the Integrated Waste Management Act may be direct
hauled without going through a transfer station.
8.6 Direct Haul Procedures. Direct haul process and materials shall be
consistent with the Solid Waste Facility Permit (No. 07-AA-0032), this
LUP, and applicable policies adopted by the Board of Supervisors
including those identified in 8.6(k) below. The operator shall ensure new
customers receive information consistent with i) and j) prior to gaining
access to the site. The operator shall conduct screening procedures
specified in a) through h) prior to allowing customers to direct haul
waste/material loads to the landfill. Operator shall provide written
confirmation that eligibility has been demonstrated consistent with these
procedures prior to loads being accepted for disposal. Operator shall
summarize results of direct haul eligibility screening completed each
quarter in the direct haul reports required under Condition 8.7.
a. Name of company and physical location at which the waste or material
was generated.
b. Complete description of waste including chemical analysis and solids-
to-liquid ratio when appropriate.
c. Description of originator’s in-house waste inspection program(s) to
ensure screening for hazardous and/or toxic materials or originator’s
written confirmation that their practices comply with uniform waste
inspection program prepared by the Landfill operator.
d. Description of volume and expected frequency of waste to be hauled
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 6
and a description of the specialized waste transport vehicle(s) to be
utilized.
e. Description of the waste originator’s in-house waste reduction and
recycling program(s) or originator’s written confirmation that their
practices comply with a uniform waste reduction and recycling plan to
be prepared by Landfill operator and approved by the Department of
Conservation and Development.
f. Originator’s or transporter’s affirmation to adhere to County imposed
haul route and peak hour hauling restrictions.
g. Annual written confirmation by the Landfill operator, to be reviewed
and approved by the Department of Conservation and Development
that the waste(s) to be disposed is(are) not currently accepted for
recycling (or otherwise diverted from disposal) at transfer stations
within Contra Costa County, and
h. Written waste eligibility determination from Keller Canyon Landfill
Company based on a) through g) above.
i. Requirements of Keller Canyon Landfill Company describing contract
for landfill use, rules and regulations of the landfill (e.g. on-site speed
limit), prescribed haul route, load inspection program, driver training
program, and any other such information as required.
j. Requirements for proper load covering or containerization and
consequences for non-compliance specified in Condition 7.2.
k. Any other information required by the Director of Conservation and
Development, or by the actions of the Board on August 11, 1992
October 27, 1992, November 24, 1992, August 17, 1993 and
December 14, 1993.
8.7 Direct Haul Reports. The Landfill operator shall submit quarterly direct
haul reports to the Department of Conservation and Development. The
quarterly reports shall contain details about all direct haul loads, including
the date accepted, customer (company) name, waste type, tonnage,
location and jurisdiction of waste/material origin (city and county) and end
use (disposal, cover or other on-site beneficial reuse). Summarized results
of all direct haul eligibility screening conducted during each period shall be
submitted in conjunction with the quarterly waste origin reports. The
quarterly reports shall also identify the total tonnage of municipal solid
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
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waste (Class III waste) received that quarter, total tonnage of Class II
wastes received that quarter, and the percentage of total waste received
which is characterized as Class II. If determined necessary by DCD,
additional reporting information or more frequent reporting may be
required in the future.
8.8 Emergency Direct Haul. In the event that a natural disaster or other
emergency prevents the timely processing of wastes through a transfer
station before disposal at the landfill, such waste or loads may be considered
for direct haul. The landfill operator shall submit a written request to the
County Department of Conservation and Development when circumstances
or conditions warrant, or may warrant, emergency direct haul to the landfill.
The landfill operator shall not proceed with emergency direct haul until
written approval has been provided by the Director of the Department of
Conservation and Development. The landfill operator shall submit an incident
report describing the basis for emergency direct haul and the contingency
actions taken.
9.1 Hours of Operation. The Landfill operator shall not open the landfill to
receive waste loads before 7:00 a.m. or after 7:307:00 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 opera-
tion, within those parameters, may be specified by the County Health
Services Department or in the Landfill's Solid Waste Facilities Permit.
Special loads may be received at other times in accordance with procedures
established by the County Contra Costa Environmental Health Services
Department or the Department of Conservation & Development.
The Director of Community Conservation and Development may
administratively shorten or extend the hours of operations prescribed above
after consultation with the Landfill operator, the County Health Services
DepartmentContra Costa Environmental Health, and the Local Advisory
CommitteeCity of Pittsburg, after holding a public hearing to obtain the
comments of other interested parties. To shorten the hours of operation, the
Director of Community Conservation and 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 Conservation and Development shall find that longer
hours will not cause traffic, noise, glare, or similar impacts of Landfill
operations to substantially increase in the vicinity of the Landfill. Exceptions
to this limitation may be granted in response to natural disasters or other
emergencies if deemed warranted by the Director of Conservation and
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 8
Development if required to address any applicable officially declared
disaster.
9.2 Operating Days.: The landfill shall remain open for operation six days a
week except on Holidays. It shall close on Sundays. Exceptions to this
limitation may be granted in response to natural disasters or other
emergencies if deemed warranted by the Director of Conservation and
Development.
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 may 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. Exceptions to this limitation may be
granted in response to natural disasters or other emergencies if deemed
warranted by the Director of Conservation and Development. The Landfill
operator shall submit quarterly reports to the Department of Conservation
and Development solely showing daily waste tonnage accepted for disposal.
10.1 Volume Estimation. The Landfill operator shall prepare reports annually
estimating the remaining landfill site life (years) and capacity (cubic yards
and tons). Reports shall be submitted to the Department of Conservation
and Development by March 1st of each year.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.
10.3 Waste Characterization. The Landfill operator shall participate with transfer
station operators serving the landfill in a tracking and reporting program to
characterize incoming wastes by generator (customer) name, type, amount,
and originating community and perform detailed load inspections on vehicles
according to a program specified by the Department of County Community
Conservation and Development Department and County Health Services
Department. Reports shall be submitted to the County Department of
Conservation and Development on a quarterly basis on or before the landfill
reporting deadlines specified in the Disposal Reporting regulations (Title 14).
11.1 Permit Review. The Landfill operator shall submit reports to the Department
of Conservation and Development summarizing the compliance status for
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 9
these Land Use Permit Conditions of Approval annually unless otherwise
specified by the Director of Conservation and Development. 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 or in response to court
decisions or regulatory changes. 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 Department of Conservation
and 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 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 unless otherwise
specified by the County Board of Supervisors. 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
Conservation and 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. The applicant/operator is obligated to comply with additional
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 10
County specified insurance and bonding requirements pursuant to Article 12
of the First Amended Landfill Franchise Agreement. Subjects will may
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, load covering requirements, site access regulations, truck
maintenance to conserve fuel 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
consistent with the Board of Supervisors’ policies on direct haul (see
Conditions 8.5 through 8.7). It shall be approved by the County Department
of Community Conservation and Development Department.
11.6 Compliance Implementation and Mitigation Monitoring Program. The
Landfill operator shall provide a fund to supportthe County staff Department
of Conservation and Development’s program for monitoring of compliance
with these Conditions of Approval and the Environmental Impact Report’s
mitigation monitoring programs, as designed and implemented by the County
Community Development and Health Services Departments.
11.10 Conditions Requiring Franchise. Conditions of Approval Nos. 4.2,
Operative Date, and 13.4, Franchise Agreement Requirement, require a
franchise or agreement to be established by this County. All of these
Conditions of Approvalthe terms of said franchise or agreement shall be
subordinate to the terms of said franchise or agreementthese Conditions of
Approval, and these terms of said franchise or agreementConditions of
Approval shall control in the case of any conflict unless otherwise provided
for pursuant to Condition 2.3. There shall be no need to amend these
Conditions of Approval or the franchise 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 the authority to exercise enforcement power if
deemed necessary in response to violations of 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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 11
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.
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 Conservation and 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 Conservation and Development or other designee.
12.1 Rate Approval.
a) The Board of Supervisors shall may at its discretion review and approve
all rates charged by the landfill operator at the landfill to the extent
allowed by the terms of the applicable Franchise Agreement. The rates
established by the Board will be not onlyshall be the maximum rates
but also minimum rates.
b) The landfill operator shall at all times maintain on file with the County, a
current schedule of Base Rates and Gate Rates charged to each
customers as required in Section 6.6 of the Landfill Franchise
Agreement.
a)c) As provided for in Condition 2.3, where there is an inconsistency
between the requirement(s) of this or any other rate setting Condition in
Section 12 and the terms of the Landfill Franchise Agreement which
granted the operator sole discretion over setting the base gate rate
charged to customers, the terms of the Landfill Franchise Agreement
shall supersede the applicable language in Condition 12.21(a) and 12.2
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 12
- 12.6 until such inconsistency no longer exists pursuant to Condition
2.3(d).
12.2 Rate Review. The If the Board of Supervisors shall elects to review and
approve rates, it should be done annually in accordance with an
approvedthe rate application review procedure established by the County.
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 pursuant to the terms of the
Franchise Agreement for the landfill.
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.
The Landfill operator shall provide any relevant rate and cost information
requested 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.
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. Unless otherwise specified in the
franchise agreement, The the term "assignment" shall include any dissolu-
tion, merger, consolidation or reorganization of the 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.
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 13
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
of Conservation and Development if proposed or adopted permit conditions
or requirements of other regulatory agencies do not appear to be consistent
with this Land Use Permit or the Landfill's Environmental Impact Report. The
Landfill operator shall submit to the County copies of all new and modified
permits or entitlements at the time each is issued or approved by the
applicable regulatory agency.
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 rateearthquakes as
specified in applicable regulations. 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.
16.4 Geotechnical Inspector. The Landfill operator shall contract with the
County, or through the County, forfund the costs of an independent
geotechnical consultant, who shall be selected by and be responsible to the
County. The consultant Inspector shall inspect regularly the installation and
condition of liners, leachate control facilities and other installations, identified
by the County, as they are installed and periodically thereafter as directed by
the County. This provision shall remain in force over the life of the landfill.
16.6 Slope Monitoring. The Landfill operator shall install and maintain 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 of Conservation and Development.
16.8 Post-EarthquakeEmergency Landslide and Earthquake Program. The
Landfill operator shall prepare and implement an emergency program for
inspecting the Landfill facility, dealing with failures and providing for
uninterrupted refuse handling for implementation following a substantial
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 14
landslide and/or earthquake. The program shall be subject to the approval of
the County Community Development Department of Conservation and
Development, and the County Contra Costa Environmental Health Services
Department and the Regional Water Quality Control Board.
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 basisas
required by the Regional Water Quality Control Board. The location of these
wells shall be identified on the Development and Improvements Plan.
17.11 Water Balance Calculations. The Landfill operator shall provide water
balance calculations, when requested by the County Health Services
DepartmentRegional Water Quality Control Board or other applicable
regulatory agency, to evaluate intermediate stages of Landfill operation to
ensure the maintenance of a proper solids-to-liquid ratio.
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. Exceptions to this limitation may
be granted in response to natural disasters or other emergencies if deemed
to be warranted by the Director of Conservation and Development.
18.2 Surface Drainage System. The Landfill operator shall install and maintain 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 of Conservation and Development 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.
18.4 Surface Water Management and Sediment Control Plan. The Landfill
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 15
developer shall prepare and implement a Surface Water Management and
Sediment Control Plan, which shall be subject to the approval of the County
Community Development Department of Conservation and Development.
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 and
maintain a sedimentation pond system prior to other landfill develop-
ment 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 owner shall submit documentation to the
Department of Conservation and Development documentation to
demonstrate that basin maintenance (e.g. dredging) has been
completed as needed or required prior to the start of the rainy season
(October 15th). The program shall be subject to approval from the
County Community Department of Conservation and Development,
Contra Costa Environmental Health Services, and Public Works
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 16
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
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.
19.4 Transfer StationHazardous Waste 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 load check program
during unloading operations shall be included in the load screening program
required under Condition 7.1. Landfill employeesoperators 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’s Hazardous Materials Division, State Department of
Health Services, and other regulatory agency approvals.
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 Contra Costa Environmentalunty
Health Services Department, or reports are relayed from the Bay Area Air
Quality Management District, the Department of Conservation and
Developoment or Contra Costa Environmentalthe Health Services Depart-
ment may require additional physical improvements or management
practices as necessary to alleviate the problem. Contra Costa
EnvironmentalThe 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 and properly maintained 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.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 17
The Landfill operator shall implement Best Management Practices of the
industry to minimize odors from operations and emissions from
equipment. If the operator is contacted about odors beingare detected off-
site in surrounding areas, the date, time and description of the odor
complaints shall be logged and investigated promptly to expedite
implementation of any necessary corrective action by a the landfill
operator. The Landfill operator shall contact Contra Costa Environmental
Health or the Bay Area Air Quality Management District at minimum of
once per year to obtain any information possible about odor complaints
received by each agency. Anyll odor complaints received by the Landfill
operator, Contra Costa Environmental Health or the Bay Area Air Quality
Management District shall be included in the annual Activities Report
required under the Landfill’s Franchise Agreement unless otherwise
specified by the Director of Conservation and Development. The landfill
operator shall provide a means for receiving after hours odor complaints.
Complaints shall be promptly investigated (after hours investigations
required if/when multiple after hours complaints received on the same day
or on multiple consecutive days) to identify whether. T the source of the
odor is on the landfill site, in which case the problem should be corrected
in a timely manner. A response to the person lodging the complaint shall
be made within 48 hours and copied to the Department of Conservation
and Development, detailing the problem and remedial action taken.
20.3 Cover Frequency. The Landfill operator shall cover newly disposed refuse
with compacted soil or other cover material meeting thestate regulatory
requirements enforced by Contra Costa Environmental Health orand
CalRecycle of the State of California (currently, a minimum of 6 inches of
daily cover)and approved in writing by the Department of Conservation and
Development. All working faces of the Landfill shall be covered by the end of
the working day. Intermediate cover, meeting the requirements of the State
(currently a minimum of 12 inches) shall be applied over each layer of cells
("lift"). The type of cover material and frequency of cover shall be
modifiedincrease in order to control odor, litter or birds, if necessary, or if
required by the Director of Conservation and Development or the Landfill's
Solid Waste Facilities Permit.
20.4 Odoriferous Loads. The Landfill operator shall identify potentiallycover
extremely odoriferous loads prior to acceptance and make any arrangements
needed to ensure that disposal of odoriferous loads is managed to avoid off-
site detection, which may involve covering such incoming loads immediately.
20.7 Air Flow Monitoring. The Landfill operator shall monitor air flow on the site
upon commencement of operations and shall provide background
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 18
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 or made available to the
Contra Costa Environmental Health unty Health Services and the
Department of Conservation andCommunity Development Departments
upon request.
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 City of
Pittsburg 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 Departmetnt of Conservation and
Development and Contra Costa Environmental Health Services Department,
and it may be revised from time to time. See Condition 25.4.
20.9 Revegetation. The Landfill operator shall revegetate completed Landfill
areas immediately. Revegetation shall be in be accordance with the
Development and Improvements Plan and shall be consistent with the
County policy on landscaping and State and local water conservation
landscaping requirements. Intermediate and final cover areas shall be
reseeded with native grassesvegetated immediately. Excavations shall be
reseeded with native grassesvegetated 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. Landfill
operator shall provide the County Conservation and Development
Department with written notice and documentation (e.g. photographs) of any
inactive unvegetated areas of disturbance not being reseeded immediately
whether due to on-site activity associated with the landfill (construction or
operations) or naturally occurring (landslides, etc.). The Director of
Conservation and Development may require that revegetation notices be
submitted more frequently and/or on a fixed schedule.
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
Contra Costa Environmental Healthunty Health Services and the
Community Department of Conservation and Development Departments.
The Landfill operator shall provide the results to the County Community
Development Department of Conservation and Development and Contra
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 19
Costa Environmental Health Services Departments on a bi-annual quarterly
basis unless a more frequent interval is specified in the Solid Waste Facilities
Permit.
20.19 Cell Re-Opening. Previously-covered closed cells shall not be reopened
without permission from Contra Costa Environmentalthe County Health
Services Department. The Department of Conservation and Development
shall be notified of any occurrence that potentially necessitates that one or
more cells be re-opened.
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. The Department of Conservation and
Development shall be notified in writing at the time the operator identifies any
substantial surface cracks or fissures requiring repairs beyond the placement
and compaction of additional clean soil. Photo of the crack should
accompany the written notice which describes he expected cause and
corrective action plans and repair schedule. This activity shall be included in
the employee training program.
20.23 Speed Limits. The Landfill operator shall enforce speed limits set by the
Contra Costa Environmental Healthunty 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 unless otherwise specified by Contra Costa Environmental Health.
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 of
Conservation and Development and Contra Costa Environmental 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
Conservation and Development may specify other monitoring locations.
Noise monitoring reports shall be submitted to the County Conservation and
Development Department on a quarterly basis unless otherwise specified by
the Director of Conservation and Development. If the monitoring noise levels
at the Landfill boundary line or other monitored location exceed 60 dBA
during daylight hours, or 50 dBbDA 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.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 20
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 State and local County Policy on Wwater Cconservation Llandscaping
requirements. 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.
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 unless otherwise specified by the
Mosquito & Vector Control District. If a mosquito problem persists, the
Contra Costa Environmental unty Health Services Department may require
the preparation and implementation of additional mosquito control measures,
such as spraying of non-toxic larval suppressant.
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 on 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 requiring
landfill users (customers) to securely containerize their load to avoid littering
and exclude uncovered loads from arriving at the Landfill consistent with the
requirements of Section 418-2.008 of the County Code. The program shall
be subject to the approval of the County Department of Conservation and
Development and Contra Costa Environmental Health Services Department.
See also Condition 7.2.
25.4 Contingency Litter Control. Under windy conditions, the Landfill operator
shall cover the refuse with County approved cover materials 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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 21
prevailing wind direction, increasing the number of compactors, decreasing
the active face size, and reducing the number of vehicles tipping at one time.
The Contingency Litter Control measures shall be contained in the Litter
Control and Prevention Program that is subject to review and approval of
tThe Department of Conservation and Development and Contra Costa
Environmental County Health Services Department. Contra Costa
Environmental Health shall have the authority to enforce this requirement.
See Section 20.8.
25.7 On-Site Litter Policing. The Landfill operator shall remove litter from the
litter fences and planting screens at least once each day. On-site roads,
including 500 feet of Bailey Road south of the site entrance, shall be policed
at least daily. The Contra Costa Environmental unty 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 along Bailey Road from West Leland RoadHighway 4
to at least 500 feet south of the site entrance during the Landfill's first year of
operations. Based on experience, the County Department of Conservation
and Development or Contra Costa Environmental 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
Environmental Health Services or the Director of Conservation and
Development may require the Landfill operator to remove the litter and the
Director(s) may require the operator to institute additional measures to
prevent recurrence of the problem.
25.11 Public access. Public access to the landfill shall be prohibited unless such
access is provided for special events, such as tours, open house functions or
wetland field trips for local schools.
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
disposal area shall be monitored unless otherwise specified in state
regulations. The monitoring program shall be approved by Contra Costa
Environmental Healththe County Health Services Department.
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 to
patrol and/or aid with investigating after hours odor complaints (see
Condition 20.2) as needed.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 22
29.2 Access Route. Access to the landfill facility shall be via State Highway 4,
and Bailey Road unless alternate routes are approved by the County
Department of Conservation and Development on an interim basis. 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.
29.9 Peak Period Traffic Management. The Landfill operator shall prepare a
study, in conjunction with the local transfer station(s) 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 Conservation
andCommunity Development Departments and shall be provided to the
County Community Development Department with the Development and
Improvements Plan. The Director of Community Conservation and
Development has imposed the shall specify peak period traffic restrictions
identified in a) and b) below. The Director of Conservation and Development
may specify any additional peak period traffic restrictions deemed to be
warranted. The Landfill operator shall comply with such restrictions, and
shall require compliance in contracts with Landfill users.
a) The A.M. peak period departure from the landfill shall commence at
7:10 a.m.
b) A three minute interval shall be maintained between waste hauling
vehicles en route to Highway 4 westbound during the period of 7:10
a.m. and 8:30 a.m.
c) Waste hauling vehicles en route to eastbound Highway 4 (the
uncongested “reverse commute” direction) may be released without
restriction
30.0 Site Services and Utilities Objective. The Landfill developer shall design,
develop and manage the facility in such a manner that services and utilities
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 23
adequately meet the landfills requirements, while ensuring the protection of
site employees, area residents, and the surrounding environment.
31.4 Materials Recovery. The Landfill operator shall prepare and implement a
program establishing waste acceptance criteria and associated customer
education to limit the Landfill’s acceptance of refuse loads containing
recyclable materials to those which are beneficially reused on-site (diversion
under the Integrated Waste Management Act). Customers shall be notified
and periodically reminded of waste acceptance criteria so that refuse loads
containingfor recovering recyclable materials (e.g. construction and
demolition debris) are not being from refuse loads brought directly to the
landfill but instead redirected to transfer station(s) or other locations offering
to recover said materials. The operator shall coordinate the material
recovery program with the operator(s) of a local transfer station(s) serving
the Landfill to maintain an up-to-date understanding of the wastes accepted
and material recovery opportunities at local transfer stations to ensure that
customers only deliver those loads to the Landfill which will not be recycled
or otherwise diverted from disposal if processed at transfer stations in Contra
Costa County. 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 of Conservation and
Development.
31.5 Composting Programject. The Landfill operator shall develop and
implement a pilot program for composting organic material at the landfill site.
The program may occur at the landfill site, or off-site or in coordination with
third party(ies), and shall be approved by the County Health Services Contra
Costa Environmental Health and the Community Development Department
of Conservation and Development. The compost shall be used for landfill
landscaping, cover material or other approved on-site uses; alternatively,
compost can be made available or sold off-site. The purpose of the
composting programpurpose of the pilot project shall be to determine
implement a cost effective and feasible means of providing adequate locall
organics diversion capacity through ility of large-scale on-site composting.
The composting operations shall be subject to regulatory and permitting
requirements enforced by Contra Costa Environmental Health, the Air District
and the Water Board meet the State Department of Health Services'
regulations on land application, if applicable. No later than January 1, 2016,
Tthe Landfill operator shall submit substantiation that they have applied for
the required regulatory approvals (permits) processes necessary to conduct
large-scale composting or demonstrate that arrangements are underway to
implement an equivalent off-site program. The Landfill operator shall make
all feasible efforts to assist the County in ensuring that there will be adequate
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 24
composting capacity available to readily divert the organics waste stream
generated in Contra Costa County which is currently used as Alternative
Daily Cover (ADC) prior to the sunset of the ADC diversion credit on January
1, 2020. 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 debris
haulers to segregate wood material for chipping and diversion from landfill
disposal. The program may occur off-site, however unless and until there is
on-site recovery (landfill diversion pursuant to the Integrated Waste
Management Act) the Landfill operator shall direct these customers to deliver
loads of landscaping and construction/demolition debris to facility(ies) that
recover and chip wood material. The program shall be submitted for review
and approvaled by the County Community Development Department of
Conservation and Development and implemented on an ongoing basis
following approval. and shall be placed in operation within six months of the
landfill's opening.
31.9 County Resource Recovery Management Program.
a) 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.
b) As provided for in Condition 2.3, where there is an inconsistency between
this condition and the terms of the Landfill Franchise Agreement which
effectively suspended the collection of this Resource Recovery
Management Program Fee, the terms of the Landfill Franchise
Agreement shall supersede Condition 31.9 (a) until such inconsistency no
longer exists pursuant to Condition 2.3(d).
32.2 Exemption. The Landfill developer may request, in writing, and the Director
of Community Conservation and Development may grant, exemptions to
Condition 32.1 for specific times for cause. An example is the placing of
concrete.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 25
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 Contra Costa Environmental Health the County
Health Services Department and the Bay Area Air Quality Management
District.
33.2 Funding of Closure and Postclosure Maintenance Plan. The Landfill
operator shall submit to the Board of Supervisors orand California
Department of Resources Recycling and Recovery (CalRecycle)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 unless
otherwise required by the State. 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 unlessor an equivalent financial arrange-
ment is identified as acceptable to the Board of Supervisors. The Board of
Supervisors determined that the State required financial guarantees
approved and periodically reviewed by and the California Integrated Waste
Management BoardCalRecycle are equivalent and therefore adequate to
satisfy this condition. The Landfill operator shall maintain a trust fund
balance that equals or exceeds the requirements of state law or regulation
notwithstanding, however, the 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.
35.4 Resource Recovery Program Fee.
a) The Landfill developer or operator shall pay to the County of Contra
Costa a resource recovery program fee of $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.
a)b) As provided for under Condition 2.3, where there is an inconsistency
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 26
between this condition and the terms of the Landfill Franchise Agreement
which effectively suspended this Resource Recovery Program Fee, the
terms of the Landfill Franchise Agreement shall supersede Condition 35.4
(a) until such inconsistency no longer exists pursuant to Condition 2.3(d).
35.5 Violation of Prescribed Haul Route. Upon a receiving a written
determination fromof the County that a user of the Landfill has violated
Condition of Approval Section 29.2 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 implemented by the Landfill operator.
History of Revisions
7/23/1990 – Original Land Use Permit Approval
11/1/1994 – Amendment 1 Approval (added COA 35.8)
6/25/2002 – Amendment 2 Approval (added Section 36 “Landfill Gas Power Plant” – LP012115)
11/18/2014 – Proposed New and Modified Conditions for 2014 Permit Review
S:\Deidra\Keller-Telma\CPC\KCL-LUPCOA_New-Modified_11-12-2014_CPC Version.doc
This document only contains the Conditions of Approval proposed to be either added or
modified. *
Changes made to the proposed NEW & MODIFIED Conditions since the County
Planning Commission meeting on October 28th are are shown in underline/strikeout
formatting and highlighted in yellow
NEW Conditions are shown in shaded text for ease of identification.
MODIFIED Conditions are shown in underline/strikeout formatting to discern what
changes are being proposed.
Underline = Language proposed to be added
Strikeout = Language proposed to be eliminated.
* GLOBAL TEXT EDITS to the all Conditions of Approval to update and correct regulatory
references and public agency names, like those noted below, are proposed to be applied
to all applicable Conditions if approved as recommended.
Community Development (CDD) Conservation and Development (DCD)
Riverview Fire Protection District applicable Fire Protection District
Health Services Department Contra Costa Environmental Health
[except those Conditions intended to refer to the Hazardous Materials
Division]
PROPOSED NEW OR MODIFIED CONDITIONS
FOR 2014 PERMIT REVIEW
-"/%64&1&3.*5
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,&--&3$"/:0/-"/%'*--
EXHIBIT A
Page i
PROPOSED NEW OR MODIFIED CONDITIONS OF APPROVAL
2.3 Assignment of Responsibility. ...................................................................................... 1
3.1 Compliance Objective ................................................................................................... 1
3.3 State Minimum Standards ............................................................................................ 1
3.4 Land Use Permits ......................................................................................................... 1
3.5 Solid Waste Facilities Permit ........................................................................................ 2
3.6 Class II Landfill Requirements ...................................................................................... 2
3.9 Notice Coordination ...................................................................................................... 2
5.1 Area of Origin ................................................................................................................ 2
5.2 Out-of-County Wastes .................................................................................................. 2
5.5 Pre-Requisite Curbside Recycling Program ................................................................ 2
6.1 Eligible Wastes ............................................................................................................. 3
6.2 Designated Wastes ...................................................................................................... 3
6.5 Emergency Use ............................................................................................................ 3
6.6 Hazardous Waste Screening and Management .......................................................... 4
6.7 Area of Origin Restrictions ............................................................................................ 4
7.2 Load Covering .............................................................................................................. 4
8.1 Eligible Vehicles ............................................................................................................ 4
8.5 Direct Haul .................................................................................................................... 5
8.6 Direct Haul Procedures. ............................................................................................... 5
8.7 Direct Haul Reports. ..................................................................................................... 6
8.8 Emergency Direct Haul. ................................................................................................ 7
9.1 Hours of Operation ....................................................................................................... 7
9.2 Operating Days ............................................................................................................. 8
9.3 Maximum Daily Tonnage .............................................................................................. 8
10.1 Volume Estimation ........................................................................................................ 8
10.3 Waste Characterization ................................................................................................ 8
11.1 Permit Review ............................................................................................................... 9
11.2 Local Advisory Committee ............................................................................................ 9
11.3 Insurance and/or Bonding .......................................................................................... 10
11.4 Notification Program ................................................................................................... 10
11.6 Implementation and Mitigation Monitoring Program .................................................. 10
11.10 Conditions Requiring Franchise ................................................................................. 10
11.11 Regulations Enforced by Other Agencies .................................................................. 10
11.12 Required Expenditures ............................................................................................... 11
11.13 Designation of Authority ............................................................................................. 11
12.1 Rate Approval ............................................................................................................. 11
12.2 Rate Review ................................................................................................................ 12
12.3 Form and Content of Rate Review Application .......................................................... 12
13.1 Franchise Compliance and Agreement ..................................................................... 12
13.2 Assignment ................................................................................................................. 12
14.2 Regulatory Agency Approvals .................................................................................... 13
16.2 Seismic Design ........................................................................................................... 13
16.4 Geotechnical Inspector ............................................................................................... 13
16.6 Slope Monitoring ......................................................................................................... 13
16.8 Emergency Landslide and Earthquake Program ....................................................... 14
17.6 Downstream Well Monitoring ..................................................................................... 14
17.11 Water Balance Calculations ....................................................................................... 14
Page ii
17.17 Working Face .............................................................................................................. 14
18.2 Surface Drainage System .......................................................................................... 14
18.4 Surface Water Management and Sediment Control Plan ......................................... 15
19.4 Hazardous Waste Pre-screening ............................................................................... 16
19.5 Regulatory Agency Approvals .................................................................................... 16
20.2 Odor Containment ...................................................................................................... 16
20.3 Cover Frequency. ....................................................................................................... 17
20.4 Odoriferous Loads ...................................................................................................... 18
20.7 Air Flow Monitoring ..................................................................................................... 18
20.8 Contingency Program ................................................................................................. 18
20.9 Revegetation ............................................................................................................... 18
20.17 Landfill Gas Testing .................................................................................................... 19
20.19 Cell Re-Opening ......................................................................................................... 19
20.20 Fissure Repair ............................................................................................................. 19
20.23 Speed Limits ............................................................................................................... 19
21.2 Noise Monitoring Program .......................................................................................... 19
22.2 Landscape Plan .......................................................................................................... 20
24.6 Mosquito Control ......................................................................................................... 20
25.1 Litter Control Objective ............................................................................................... 20
25.2 Load Covering ............................................................................................................ 20
25.4 Contingency Litter Control .......................................................................................... 21
25.7 On-Site Litter Policing ................................................................................................. 21
25.8 Off-Site Litter Policing ................................................................................................. 21
25.11 Public access .............................................................................................................. 21
26.9 Gas Migration Monitoring ........................................................................................... 21
27.3 Security Staffing .......................................................................................................... 22
29.2 Access Route .............................................................................................................. 22
29.9 Peak Period Traffic Management ............................................................................... 22
31.4 Materials Recovery ..................................................................................................... 23
31.5 Composting Program .................................................................................................. 23
31.6 Wood Chipping ........................................................................................................... 24
31.9 County Resource Recovery Management Program.................................................. 24
32.2 Exemption ................................................................................................................... 25
32.6 Dust Suppression ....................................................................................................... 25
33.2 Funding of Closure and Postclosure Maintenance Plan ........................................... 25
35.4 Resource Recovery Program Fee ............................................................................. 25
35.5 Violation of Prescribed Haul Route ............................................................................ 26
History of Revisions........................................................................................................... 26
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
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2.3 Assignment of Responsibility.
(a) The Board may assign the responsibility of administering specific
Conditions of Approval or provisions of this LUP, such as State
Minimum Standards, to County Departments or other units of
government.
(b) The Board may suspend the implementation of conditions or provisions
of this LUP where such conditions or provisions are inconsistent with
the terms of a contract or agreement entered into between the Board
and the operator or other units of government, or by the terms of a joint
powers agreement where the County is a member of the joint powers
agency. This would not alleviate the need to comply with the public
approval process required when amending this LUP. Any Board
approved suspension would automatically be nullified at such time as
the contract or agreement no longer includes terms inconsistent with
the specified condition.
(c) For the purposes of Condition 2.3(b), the Franchise Agreement
between the County and the Landfill Owner as amended in November
1994, is an eligible contract.
(d) If no contract or agreement is in force, as referred to in Condition 2.3(b),
the County retains authority to implement this LUP and all of its
Conditions.
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. This condition is not intended to grant authority or assign
responsibility to the County for the independent enforcement of regulatory
and permitting requirements that fall within the primary jurisdiction of other
agencies (see Condition 11.11).
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 of Regulations, Title 14 and
Title 27, 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 may be cause for revocation of the
Land Use Permit pursuant to County Code Section 418-4.020 following
reasonable written notice. Alternatively, the County has the option of issuing
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 2
formal notices and assessing penalties in response to a violation pursuant to
Section 4.19 of the Landfill Franchise Agreement or County Code Chapter
14-6, Civil Enforcement.
3.5 Solid Waste Facilities Permit. The Landfill operator shall conform with all
provisions and requirements of the Landfill's Solid Waste Facilities Permit,
and any related directives of which is based on the guidelines of the
California Department of Resources Recycling and Recovery (CalRecycle)
or Contra Costa Environmental Health, as the Local Enforcement Agency for
CalRecycleIntegrated Waste Management Board.
3.6 Subchapter 15Class II Landfill Requirements. The Landfill operator shall at
all times comply with the Class II waste disposal facility provisions and
requirements of Article 3, of SubcChapter 15 of Chapter 3 of Title 23 and
Title 27 of the California Administrative Code of Regulations ("Subchapter
15") for a Class II waste disposal facility.
3.9 Notice Coordination. Copies (or originals) ofThe Landfill operator shall notify
the Department of Conservation and Development (DCD) in writing at the
time anyll reports is submitted to other agencies concerning the design,
operation, and maintenance of the Landfill facility. shall be sent by mail or
hand-delivery,and cCopies shall be made available or mailed to DCD offices
at 30 Muir Road in Martinezthe Department of Community Conservation and
Development Department upon request, 651 Pine Street, 4th Floor North
Wing, Martinez, CA 94553-0095.
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 or cover materials which originate in Contra
Costa County provided such wastes or materials are delivered to the facility
in accordance with these Conditions of Approval and the landfill's Solid
Waste Facilities Permit, and provided that appropriate disposalthe required
governmental fees are paid. Rate setting requirements are specified in the
Landfill Franchise Agreement and Section 12 of this Land Use Permit.
5.2 Out-of-County Wastes. INVALIDATED BY LEGISLATURE
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.
5.5 Pre-Requisite Curbside Recycling Program. The Landfill shall not admit for
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 3
disposale of waste loads from communities which do not have in operation
an eligible curbside recycling, or equivalent, programs as determined by the
Department of Conservation and Development. An eligible program shall
recover a range of recyclable materials approved by the Board of
Supervisors. Board of Supervisors approval may be interpreted as a
consistent cy with a curbside recycling program authorizedoperating
pursuant to a Board of Supervisors-approved franchise agreement. The
operator may determine program consistency for any period of time that the
Director of Conservation and Development has not elected to make such
determinations or the Countywide Integrated Waste Management Plan. The
Board of Supervisors has the discretion may to consideridentify additional
factors to be considered when determininge the eligibility. The Board retains
and has the final approval authority to approve of a community's programs
diverting a less comprehensive range of recyclables previously
interpretedpreviously deemed to be ineligible by the Department of
Conservation and Developmentbecause only some of less recyclables are
accepted.
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 Section 17.f of the Solid Waste Facilities
Permit (07-AA-0032), administered by the Contra Costa Environmentalunty
Health Services Department, and consistent with the 1990 Environmental
Impact Report and Board of Supervisors' policies and approvals (including
the Board of Supervisors conditional authorization in 1992-93 to accept
special wastes and limited direct haul – see Conditions 8.5 through 8.7) 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 inby Section 20210522 of Article 2 of Subchapter 15, of
Title 2327, of the California Administrative Code of Regulations and Section
13173 of the California Water 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 disposalwaste types
allowed for disposal pursuant to Condition 6.1. The Board of Supervisors
may designate special rates for this waste to the extent allowed pursuant to
the terms of the Landfill Franchise Agreement.
6.5 Emergency Use. If the service area of the Landfill is determined to be a sub-
area of the County, the County Department of Conservation and
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 4
Devlelopment or Contra Costa Environmental 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(s) 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 any time period deemed
necessaryup to two years.
6.6 Hazardous Waste Screening and Management. See Section 19.
6.7 Area of Origin Restrictions. See Condition Section 5.
7.2 Load Covering. The Landfill operator shall spot check all incoming waste-
hauling vehicles for proper covering or containerization consistent with the
requirements of Section 418-2.008(a) of the County Code. The operator
shall not admitidentify any waste loads which are susceptible to littering or
leakage because of the lack of covering, inadequate covering, or disrepair of
screens, covers or containers. Customers delivering any such waste loads
shall be required to provide evidence that corrective actions have been
taken to effectively cover and contain waste loads (e.g. waste adequately
secured with covers and containers in good repair) in order to be eligible
to deliver waste loads in the future. Landfill operator shall track and report
applicable details about the occurrences and corrective actions taken to
the County Department of Conservation and Development annually.
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. Program, which may be subject to the
approvaled byof the Board of Supervisors if deemed necessary for
consistency with the Countywide Integrated Waste Management
Plan.
b) Demolition and construction material trucks hauling debris that is
would not be acceptedrecycled or otherwise diverted from disposal if
processed at a local Transfer Stations originating in Contra Costa
County. There are If the Board of Supervisors has established waste
reduction requirements or goalsthat apply to such wastes generated
byfor the businesses and industries generating such wastes, therefore
the operator shall assist the County to help ensure generators shall
compliancey with such requirements or goals upon requestthrough
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 5
implementation and compliance with Conditions 8.5 – 8.7.
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 and other byproduct 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 which cannot be feasibly processed through a
Transfer Station.
8.5 Direct Haul. Only wastes in the prescribed vehicles which wouldill not be
recycled or otherwise diverted from disposal if processed through a local
transfer station may be considered for direct haul pursuant to the
Procedures specified in Condition 8.6. Loads containing materials that will
be used as cover or otherwise beneficially reused on-site and treated as
diversion under the Integrated Waste Management Act may be direct
hauled without going through a transfer station.
8.6 Direct Haul Procedures. Direct haul process and materials shall be
consistent with the Solid Waste Facility Permit (No. 07-AA-0032), this
LUP, and applicable policies adopted by the Board of Supervisors
including those identified in 8.6(k) below. The operator shall ensure new
customers receive information consistent with i) and j) prior to gaining
access to the site. The operator shall conduct screening procedures
specified in a) through h) prior to allowing customers to direct haul
waste/material loads to the landfill. Operator shall provide written
confirmation that eligibility has been demonstrated consistent with these
procedures prior to loads being accepted for disposal. Operator shall
summarize results of direct haul eligibility screening completed each
quarter in the direct haul reports required under Condition 8.7.
a. Name of company and physical location at which the waste or material
was generated.
b. Complete description of waste including chemical analysis and solids-
to-liquid ratio when appropriate.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 6
c. Description of originator’s in-house waste inspection program(s) to
ensure screening for hazardous and/or toxic materials or originator’s
written confirmation that their practices comply with uniform waste
inspection program prepared by the Landfill operator.
d. Description of volume and expected frequency of waste to be hauled
and a description of the specialized waste transport vehicle(s) to be
utilized.
e. Description of the waste originator’s in-house waste reduction and
recycling program(s) or originator’s written confirmation that their
practices comply with a uniform waste reduction and recycling plan to
be prepared by Landfill operator and approved by the Department of
Conservation and Development.
f. Originator’s or transporter’s affirmation to adhere to County imposed
haul route and peak hour hauling restrictions.
g. Annual written confirmation by the Landfill operator, to be reviewed
and approved by the Department of Conservation and Development
that the waste(s) to be disposed is(are) not currently accepted for
recycling (or otherwise diverted from disposal) at transfer stations
within Contra Costa County, and
h. Written waste eligibility determination from Keller Canyon Landfill
Company based on a) through g) above.
i. Requirements of Keller Canyon Landfill Company describing contract
for landfill use, rules and regulations of the landfill (e.g. on-site speed
limit), prescribed haul route, load inspection program, driver training
program, and any other such information as required.
j. Requirements for proper load covering or containerization and
consequences for non-compliance specified in Condition 7.2.
k. Any other information required by the Director of Conservation and
Development, or by the actions of the Board on August 11, 1992
October 27, 1992, November 24, 1992, August 17, 1993 and
December 14, 1993.
8.7 Direct Haul Reports. The Landfill operator shall submit quarterly direct
haul reports to the Department of Conservation and Development. The
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 7
quarterly reports shall contain details about all direct haul loads, including
the date accepted, customer (company) name, waste type, tonnage,
location and jurisdiction of waste/material origin (city and county) and end
use (disposal, cover or other on-site beneficial reuse). Summarized results
of all direct haul eligibility screening conducted during each period shall be
submitted in conjunction with the quarterly waste origin reports. The
quarterly reports shall also identify the total tonnage of municipal solid
waste (Class III waste) received that quarter, total tonnage of Class II
wastes received that quarter, and the percentage of total waste received
which is characterized as Class II. If determined necessary by DCD,
additional reporting information or more frequent reporting may be
required in the future.
8.8 Emergency Direct Haul. In the event that a natural disaster or other
emergency prevents the timely processing of wastes through a transfer
station before disposal at the landfill, such waste or loads may be considered
for direct haul. The landfill operator shall submit a written request to the
County Department of Conservation and Development when circumstances
or conditions warrant, or may warrant, emergency direct haul to the landfill.
The landfill operator shall not proceed with emergency direct haul until
written approval has been provided by the Director of the Department of
Conservation and Development. The landfill operator shall submit an incident
report describing the basis for emergency direct haul and the contingency
actions taken.
9.1 Hours of Operation. The Landfill operator shall not open the landfill to
receive waste loads before 7:00 a.m. or after 7:307:00 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 opera-
tion, within those parameters, may be specified by the County Health
Services Department or in the Landfill's Solid Waste Facilities Permit.
Special loads may be received at other times in accordance with procedures
established by the County Contra Costa Environmental Health Services
Department or the Department of Conservation & Development.
The Director of Community Conservation and Development may
administratively shorten or extend the hours of operations prescribed above
after consultation with the Landfill operator, the County Health Services
DepartmentContra Costa Environmental Health, and the Local Advisory
CommitteeCity of Pittsburg, after holding a public hearing to obtain the
comments of other interested parties. To shorten the hours of operation, the
Director of Community Conservation and Development shall find that the
changes are needed to mitigate substantial noise, traffic, or similar impacts
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 8
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 Conservation and Development shall find that longer
hours will not cause traffic, noise, glare, or similar impacts of Landfill
operations to substantially increase in the vicinity of the Landfill. Exceptions
to this limitation may be granted in response to natural disasters or other
emergencies if deemed warranted by the Director of Conservation and
Development if required to address any applicable officially declared
disaster.
9.2 Operating Days.: The landfill shall remain open for operation six days a
week except on Holidays. It shall close on Sundays. Exceptions to this
limitation may be granted in response to natural disasters or other
emergencies if deemed warranted by the Director of Conservation and
Development.
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 may 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. Exceptions to this limitation may be
granted in response to natural disasters or other emergencies if deemed
warranted by the Director of Conservation and Development. The Landfill
operator shall submit quarterly reports to the Department of Conservation
and Development solely showing daily waste tonnage accepted for disposal.
10.1 Volume Estimation. The Landfill operator shall prepare reports annually
estimating the remaining landfill site life (years) and capacity (cubic yards
and tons). Reports shall be submitted to the Department of Conservation
and Development by March 1st of each year.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.
10.3 Waste Characterization. The Landfill operator shall participate with transfer
station operators serving the landfill in a tracking and reporting program to
characterize incoming wastes by generator (customer) name, type, amount,
and originating community and perform detailed load inspections on vehicles
according to a program specified by the Department of County Community
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 9
Conservation and Development Department and County Health Services
Department. Reports shall be submitted to the County Department of
Conservation and Development on a quarterly basis on or before the landfill
reporting deadlines specified in the Disposal Reporting regulations (Title 14).
11.1 Permit Review. The Landfill operator shall submit reports to the Department
of Conservation and Development summarizing the compliance status for
these Land Use Permit Conditions of Approval annually unless otherwise
specified by the Director of Conservation and Development. 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 or in response to court
decisions or regulatory changes. 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 Department of Conservation
and 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 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 unless otherwise
specified by the County Board of Supervisors. 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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 10
reasonable access to the landfill arranged through the Community
Conservation and 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. The applicant/operator is obligated to comply with additional
County specified insurance and bonding requirements pursuant to Article 12
of the First Amended Landfill Franchise Agreement. Subjects will may
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, load covering requirements, site access regulations, truck
maintenance to conserve fuel 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
and shall be consistent with the Board of Supervisors’ policies on direct haul
(see Conditions 8.5 through 8.7). other applicable Conditions. It shall be
approved by the County Department of Community Conservation and
Development Department.
11.6 Compliance Implementation and Mitigation Monitoring Program. The
Landfill operator shall provide a fund to supportthe County staff Department
of Conservation and Development’s program for monitoring of compliance
with these Conditions of Approval and the Environmental Impact Report’s
mitigation monitoring programs, as designed and implemented by the County
Community Development and Health Services Departments.
11.10 Conditions Requiring Franchise. Conditions of Approval Nos. 4.2,
Operative Date, and 13.4, Franchise Agreement Requirement, require a
franchise or agreement to be established by this County. All of these
Conditions of Approvalthe terms of said franchise or agreement shall be
subordinate to the terms of said franchise or agreementthese Conditions of
Approval, and these terms of said franchise or agreementConditions of
Approval shall control in the case of any conflict unless otherwise provided
for pursuant to Condition 2.3. There shall be no need to amend these
Conditions of Approval or the franchise 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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 11
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 the authority to exercise enforcement power if
deemed necessary in response to violations of 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.
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 Conservation and 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 Conservation and Development or other designee.
12.1 Rate Approval.
a) The Board of Supervisors shall may at its discretion review and approve
all rates charged by the landfill operator at the landfill to the extent
allowed by the terms of the applicable Franchise Agreement. The rates
established by the Board will be not onlyshall be the maximum rates
but also minimum rates.
b) The landfill operator shall at all times maintain on file with the
County,submit a current rate schedule of Base Rates and Gate Rates
any time there is a change in rates being charged to each customers as
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 12
required byin Section 6.6 of the terms of the Landfill Franchise
Agreement.
a)c) As provided for in Condition 2.3, where there is an inconsistency
between the requirement(s) of this or any other rate setting Condition in
Section 12 and the terms of the Landfill Franchise Agreement which
granted the operator sole discretion over setting the base gate rate
charged to customers, the terms of the Landfill Franchise Agreement
shall supersede the applicable language in Condition 12.21(a) and 12.2
- 12.6 until such inconsistency no longer exists pursuant to Condition
2.3(d).
12.2 Rate Review. The If the Board of Supervisors shall elects to review and
approve rates, it should be done annually in accordance with an
approvedthe rate application review procedure established by the County.
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 pursuant to the terms of the
Franchise Agreement for the landfill.
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.
The Landfill operator shall provide any relevant rate and cost information
requested 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.
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. Unless otherwise specified in the
franchise agreement, The the term "assignment" shall include any dissolu-
tion, merger, consolidation or reorganization of the 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.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 13
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
of Conservation and Development if proposed or adopted permit conditions
or requirements of other regulatory agencies do not appear to be consistent
with this Land Use Permit or the Landfill's Environmental Impact Report. The
Landfill operator shall submit to the County copies of all new and modified
permits or entitlements at the time each is issued or approved by the
applicable regulatory agency.
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 rateearthquakes as
specified in applicable regulations. 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.
16.4 Geotechnical Inspector. The Landfill operator shall contract with the
County, or through the County, forfund the costs of an independent
geotechnical consultant, who shall be selected by and be responsible to the
County. The consultant Inspector shall inspect regularly the installation and
condition of liners, leachate control facilities and other installations, identified
by the County, as they are installed and periodically thereafter as directed by
the County. This provision shall remain in force over the life of the landfill.
16.6 Slope Monitoring. The Landfill operator shall install and maintain slope
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 14
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 of Conservation and Development.
16.8 Post-EarthquakeEmergency Landslide and Earthquake Program. The
Landfill operator shall prepare and implement an emergency program for
inspecting the Landfill facility, dealing with failures and providing for
uninterrupted refuse handling for implementation following a substantial
landslide and/or earthquake. The program shall be subject to the approval of
the County Community Development Department of Conservation and
Development, and the County Contra Costa Environmental Health Services
Department and the Regional Water Quality Control Board.
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 basisas
required by the Regional Water Quality Control Board. The location of these
wells shall be identified on the Development and Improvements Plan.
17.11 Water Balance Calculations. The Landfill operator shall provide water
balance calculations, when requested by the County Health Services
DepartmentRegional Water Quality Control Board or other applicable
regulatory agency, to evaluate intermediate stages of Landfill operation to
ensure the maintenance of a proper solids-to-liquid ratio.
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. Exceptions to this limitation may
be granted in response to natural disasters or other emergencies if deemed
to be warranted by the Director of Conservation and Development.
18.2 Surface Drainage System. The Landfill operator shall install and maintain 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 of Conservation and Development and included in
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 15
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.
18.4 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
Community Development Department of Conservation and Development.
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 and
maintain a sedimentation pond system prior to other landfill develop-
ment 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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 16
sedimentation ponds and maintenance of perimeter ditches and
vegetative cover. The owner shall submit documentation to the
Department of Conservation and Development documentation to
demonstrate that basin maintenance (e.g. dredging) has been
completed as needed or required prior to the start of the rainy season
(October 15th). The program shall be subject to approval from the
County Community Department of Conservation and Development,
Contra Costa Environmental 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
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.
19.4 Transfer StationHazardous Waste 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 load check program
during unloading operations shall be included in the load screening program
required under Condition 7.1. Landfill employeesoperators 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’s Hazardous Materials Division, State Department of
Health Services, and other regulatory agency approvals.
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 Contra Costa Environmentalunty
Health Services Department, or reports are relayed from the Bay Area Air
Quality Management District, the Department of Conservation and
Developoment or Contra Costa Environmentalthe Health Services Depart-
ment may require additional physical improvements or management
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 17
practices as necessary to alleviate the problem. Contra Costa
EnvironmentalThe 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 and properly maintained 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.
The Landfill operator shall implement Best Management Practices of the
industry to minimize odors from operations and emissions from
equipment. If the operator is contacted about odors beingare detected off-
site in surrounding areas, the date, time and description of the odor
complaints shall be logged and investigated promptly to expedite
implementation of any necessary corrective action by a the landfill
operator. The Landfill operator shall contact Contra Costa Environmental
Health or the Bay Area Air Quality Management District at minimum of
once per year to obtain any information possible about odor complaints
received by each agency. Anyll odor complaints received by the Landfill
operator, Contra Costa Environmental Health or the Bay Area Air Quality
Management District shall be included in the annual Activities Report
required under the Landfill’s Franchise Agreement unless otherwise
specified by the Director of Conservation and Development. The landfill
operator shall provide a means for receiving after hours odor complaints.
Complaints shall be promptly investigated (after hours investigations
required if/when multiple after hours complaints received on the same day
or on multiple consecutive days) to identify whether. T the source of the
odor is on the landfill site, in which case the problem should be corrected
in a timely manner. A response to the person lodging the complaint shall
be made within 48 hours and copied to the Department of Conservation
and Development, detailing the problem and remedial action taken.
20.3 Cover Frequency. The Landfill operator shall cover newly disposed refuse
with compacted soil or other cover material meeting thestate regulatory
requirements as determined enforced by Contra Costa Environmental
Health orand CalRecycle of the State of California (currently, a minimum of
6 inches of daily cover)and approved in writing by the Department of
Conservation and Development. All working faces of the Landfill shall be
covered by the end of the working day. Intermediate cover, meeting the
requirements of the State (currently a minimum of 12 inches) shall be applied
over each layer of cells ("lift"). The type of cover material and frequency of
cover shall be modifiedincrease in order to control odor, litter or birds, if
necessary, or if required by the Director of Conservation and Development or
the Landfill's Solid Waste Facilities Permit.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 18
20.4 Odoriferous Loads. The Landfill operator shall identify potentiallycover
extremely odoriferous loads prior to acceptance and make any arrangements
needed to ensure that disposal of odoriferous loads is managed to avoid off-
site detection, which may involve covering such incoming loads immediately.
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 or made available to the
Contra Costa Environmental Health unty Health Services and the
Department of Conservation andCommunity Development Departments
upon request.
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 City of
Pittsburg and 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 Departmetnt of Conservation
and Development and Contra Costa Environmental Health Services Depart-
ments, and it may be revised from time to time. See Condition 25.4.
20.9 Revegetation. The Landfill operator shall revegetate completed Landfill
areas immediately. Revegetation shall be in be accordance with the
Development and Improvements Plan and shall be consistent with the
County policy on landscaping and State and local water conservation
landscaping requirements. Intermediate and final cover areas shall be
reseeded with native grassesvegetated immediately. Excavations shall be
reseeded with native grassesvegetated 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. Landfill
operator shall provide the County Conservation and Development
Department with periodic written notice and documentation (e.g.
photographs) of any inactive unvegetated areas of disturbance not being
reseeded immediately whether due to on-site activity associated with the
landfill (construction or operations) or naturally occurring (landslides, etc.).
The Director of Conservation and Development may require that
revegetation notices be submitted more frequently and/or on a fixed
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 19
schedule. All revegetation is subject to the review and approval of the County
Conservation and Development Department.
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
Contra Costa Environmental Healthunty Health Services and the
Community Department of Conservation and Development Departments.
The Landfill operator shall provide the results to the County Community
Development Department of Conservation and Development and Contra
Costa Environmental Health Services Departments on a bi-annual quarterly
basis unless a more frequent interval is specified in the Solid Waste Facilities
Permit.
20.19 Cell Re-Opening. Previously-covered closed cells shall not be reopened
without permission from Contra Costa Environmentalthe County Health
Services Department. The Department of Conservation and Development
shall be notified of any occurrence that potentially necessitates that one or
more cells be re-opened.
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. The Department of Conservation and
Development shall be notified in writing at the time the operator identifies any
substantial surface cracks or fissures requiring repairs beyond the placement
and compaction of additional clean soil. Photo of the crack should
accompany the written notice which describes he expected cause and
corrective action plans and repair schedule. This activity shall be included in
the employee training program.
20.23 Speed Limits. The Landfill operator shall enforce speed limits set by the
Contra Costa Environmental Healthunty 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 unless otherwise specified by Contra Costa Environmental Health.
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 of
Conservation and Development and Contra Costa Environmental 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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 20
Drive area south of West Leland Road. The Director of Community
Conservation and Development may specify other monitoring locations.
Noise monitoring reports shall be submitted to the County Conservation and
Development Department on a quarterly basis unless otherwise specified by
the Director of Conservation and Development. If the monitoring noise levels
at the Landfill boundary line or other monitored location exceed 60 dBA
during daylight hours, or 50 dBbDA 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.
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 State and local County Policy on Wwater Cconservation Llandscaping
requirements. 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.
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 unless otherwise specified by the
Mosquito & Vector Control District. If a mosquito problem persists, the
Contra Costa Environmental unty Health Services Department may require
the preparation and implementation of additional mosquito control measures,
such as spraying of non-toxic larval suppressant.
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 on 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 requiring
landfill users (customers) to securely containerize their load to avoid littering
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 21
and exclude uncovered loads from arriving at the Landfill consistent with the
requirements of Section 418-2.008 of the County Code. The program shall
be subject to the approval of the County Department of Conservation and
Development and Contra Costa Environmental Health Services Department.
See also Condition 7.2.
25.4 Contingency Litter Control. Under windy conditions, the Landfill operator
shall cover the refuse with County approved cover materials 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 Contingency Litter Control measures shall be contained in the Litter
Control and Prevention Program that is subject to review and approval of
tThe Department of Conservation and Development and Contra Costa
Environmental County Health Services Department. Contra Costa
Environmental Health shall have the authority to enforce this requirement.
See Section 20.8.
25.7 On-Site Litter Policing. The Landfill operator shall remove litter from the
litter fences and planting screens at least once each day. On-site roads,
including 500 feet of Bailey Road south of the site entrance, shall be policed
at least daily. The Contra Costa Environmental unty 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 along Bailey Road from West Leland RoadHighway 4
to at least 500 feet south of the site entrance during the Landfill's first year of
operations. Based on experience, the County Department of Conservation
and Development or Contra Costa Environmental 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
Environmental Health Services or the Director of Conservation and
Development may require the Landfill operator to remove the litter and the
Director(s) may require the operator to institute additional measures to
prevent recurrence of the problem.
25.11 Public access. Public access to the landfill shall be prohibited unless such
access is provided for special events, such as tours, open house functions or
wetland field trips for local schools.
26.9 Gas Migration Monitoring. The Landfill operator shall prepare and
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 22
implement a gas migration monitoring program to detect underground gas
migration. Landfill buildings and paved areas within 1,000 feet of the Landfill
disposal area shall be monitored unless otherwise specified in state
regulations. The monitoring program shall be approved by Contra Costa
Environmental Healththe County Health Services Department.
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 to
patrol and/or aid with investigating after hours odor complaints (see
Condition 20.2) as needed.
29.2 Access Route. Access to the landfill facility shall be via State Highway 4,
and Bailey Road unless alternate routes are approved by the County
Department of Conservation and Development on an interim basis. 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.
29.9 Peak Period Traffic Management. The Landfill operator shall prepare a
study, in conjunction with the local transfer station(s) 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 Conservation
andCommunity Development Departments and shall be provided to the
County Community Development Department with the Development and
Improvements Plan. The Director of Community Conservation and
Development has imposed the shall specify peak period traffic restrictions
identified in a) and b) below. The Director of Conservation and Development
may specify any additional peak period traffic restrictions deemed to be
warranted. The Landfill operator shall comply with such restrictions, and
shall require compliance in contracts with Landfill users.
a) The A.M. peak period departure from the landfill shall commence at
7:10 a.m.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 23
b) A three minute interval shall be maintained between waste hauling
vehicles en route to Highway 4 westbound during the period of 7:10
a.m. and 8:30 a.m.
c) Waste hauling vehicles en route to eastbound Highway 4 (the
uncongested “reverse commute” direction) may be released without
restriction
30.0 Site Services and Utilities 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.
31.4 Materials Recovery. The Landfill operator shall prepare and implement a
program establishing waste acceptance criteria and associated customer
education to minimizelimit the Landfill’s acceptance of refuse loads
containing recyclable materials unless they’reto those which are beneficially
reused on-site (diversion under the Integrated Waste Management Act).
Customers shall be notified and periodically reminded of waste acceptance
criteria so that refuse loads containingfor recovering recyclable materials
(e.g. construction and demolition debris) are not being from refuse loads
brought directly to the landfill but instead redirected to transfer station(s) or
other locations offering to recover said materials. The operator shall
coordinate the material recovery program with the operator(s) of a local
transfer station(s) serving the Landfill to maintain an up-to-date
understanding of the wastes accepted and material recovery opportunities at
local transfer stations to ensure that customers only deliver those loads to
the Landfill which will not be recycled or otherwise diverted from disposal if
processed at transfer stations in Contra Costa County. 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 of Conservation and Development.
31.5 Composting Programject. The Landfill operator shall develop and
implement a pilot program for composting organic material at the landfill site.
The program may occur at the landfill site, or off-site or in coordination with
third party(ies), and shall be approved by the County Health Services Contra
Costa Environmental Health and the Community Development Department
of Conservation and Development. The compost shall be used for landfill
landscaping, cover material or other approved on-site uses; alternatively,
compost can be made available or sold off-site. The purpose of the
composting programpurpose of the pilot project shall be to determine
implement a cost effective and feasible means of providing adequate locall
organics diversion capacity through ility of large-scale on-site composting.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 24
The composting operations shall be subject to regulatory and permitting
requirements enforced by Contra Costa Environmental Health, the Air District
and the Water Board meet the State Department of Health Services'
regulations on land application, if applicable. No later than January 1, 2016,
Tthe Landfill operator shall submit substantiation that they have applied for
the required regulatory approvals (permits) processes necessary to conduct
large-scale composting or demonstrate that arrangements are underway to
implement an equivalent off-site program. The Landfill operator shall make
all feasible efforts to assist the County in ensuring that there will be adequate
composting capacity available to readily divert the organics waste stream
generated in Contra Costa County which is currently used as Alternative
Daily Cover (ADC) prior to the sunset of the ADC diversion credit on January
1, 2020. 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 debris
haulers to segregate wood material for chipping and diversion from landfill
disposal. The program may occur off-site, however unless and until there is
on-site recovery (landfill diversion pursuant to the Integrated Waste
Management Act) the Landfill operator shall direct these customers to deliver
loads of landscaping and construction/demolition debris to facility(ies) that
recover and chip wood material. The program shall be submitted for review
and approvaled by the County Community Development Department of
Conservation and Development and implemented on an ongoing basis
following approval. and shall be placed in operation within six months of the
landfill's opening.
31.9 County Resource Recovery Management Program.
a) 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.
b) As provided for in Condition 2.3, where there is an inconsistency between
this condition and the terms of a fee to fund the County Resource
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 25
Recovery Management Program, the Landfill Franchise Agreement which
effectively suspended the collection of this Resource Recovery
Management Program Feecertain fees, the terms of the Landfill
Franchise Agreement shall supersede Condition 31.9 (a) until such
inconsistency no longer exists pursuant to Condition 2.3(d).
32.2 Exemption. The Landfill developer may request, in writing, and the Director
of Community Conservation and Development may grant, exemptions to
Condition 32.1 for specific times for cause. An example is the placing of
concrete.
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 Contra Costa Environmental Health the County
Health Services Department and the Bay Area Air Quality Management
District.
33.2 Funding of Closure and Postclosure Maintenance Plan. The Landfill
operator shall submit to the Board of Supervisors orand California
Department of Resources Recycling and Recovery (CalRecycle)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 unless
otherwise required by the State. 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 unlessor an equivalent financial arrange-
ment is identified as acceptable to the Board of Supervisors. The Board of
Supervisors determined that the State required financial guarantees
approved and periodically reviewed by and the California Integrated Waste
Management BoardCalRecycle are equivalent and therefore adequate to
satisfy this condition. The Landfill operator shall maintain a trust fund
balance that equals or exceeds the requirements of state law or regulation
notwithstanding, however, the 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.
35.4 Resource Recovery Program Fee.
a) The Landfill developer or operator shall pay to the County of Contra
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 26
Costa a resource recovery program fee of $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.
a)b) As provided for under Condition 2.3, where there is an inconsistency
between this condition and the terms of the Landfill Franchise Agreement
which effectively suspended this Resource Recovery Program Fee, the
terms of the Landfill Franchise Agreement shall supersede Condition 35.4
(a) until such inconsistency no longer exists pursuant to Condition 2.3(d).
35.5 Violation of Prescribed Haul Route. Upon a receiving a written
determination fromof the County that a user of the Landfill has violated
Condition of Approval Section 29.2 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 implemented by the Landfill operator.
History of Revisions
7/23/1990 – Original Land Use Permit Approval
11/1/1994 – Amendment 1 Approval (added COA 35.8)
6/25/2002 – Amendment 2 Approval (added Section 36 “Landfill Gas Power Plant” – LP012115)
11/12/2014 – Proposed New and Modified Conditions for 2014 Permit Review
S:\Deidra\Keller-Telma\CPC\KCL-LUPCOA_New-Modified_11-12-2014_CPC Version.doc
Page 1 of 3
Background related to ADC from April 29, 2014 report to the
Board of Supervisors
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.)
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 greenwaste 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.)
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).
The Keller Canyon Landfill is allowed up to 5% that is not compliant with grain size requirements
and the items that the inspector was noting did not nearly amount to 5%. In the notice it is
stated that the Alternative Daily Cover (ADC) was not properly process off-site before being
used on-site. The green waste used for ADC at Keller has not required processing as it 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
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violations nor has the other CalRecycle inspectors found any problems with the ADC since that
date.
With respect to food waste, the LEA has informed Keller Canyon that green waste which is mixed
with 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. 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 seem to be based on an apparent lack of
understanding of the permitting and regulatory requirements applicable to ADC use at Keller
Canyon Landfill in conjunction with some inaccurate assumptions about 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
agencies with the authority to determine whether or not materials meet the applicable ADC
requirements is County Environmental Health and CalRecycle. Neither agency has made any
such determination, in fact only one notice of violation relative to ADC has ever been issued
which was back in 2007. Although both agencies have conducted multiple inspections since
2007, no further ADC related violations have been issued by either suggesting there is no
evidence of on-going problems associated with compliance.
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.
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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, there is mention of a couple of past
violations issued 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 cited in earlier letters were issued as a result of
observations or information from the inspections conducted by the issuing agency.
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. 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.
October 28, 2014
Don Snyder, Chair
Planning Commission
County of Contra Costa
30 Muir Road
Martinez, California 94553
Re: Keller Canyon Landfill Company - County File #LP89-2020
Land Use Permit Review
Dear Chair Snyder and Members of the Planning Commission:
Edgar & Associates, Inc. represents the California Compost Coalition and has been meeting with
County staff regarding certain aspects of the Keller Canyon Landfill’s operation and Land Use
Permit. The California Compost Coalition is comprised of private independent composters that
seek green waste and wood waste that can be processed into a valuable organic soil amendment.
Edgar & Associates is an environmental engineering firm based in Sacramento that has 20 years
of experience in permitting solid waste facilities and has extensive knowledge of both the
compost and alternative daily cover (ADC) state Title 27 regulations.
We have reviewed the Compliance Status Table and the Proposed New of Modified Conditions
for the 2014 Permit Review and have the following comments and suggestions:
Condition 31.6 Wood Chipping Not in Compliance
After 20 years of not being in compliance, we support a revised program proposal where the
wood waste is processed off-site at a Transfer Station or Material Recovery Facility. These
facilities have the mechanical processing equipment to chip wood waste into a compost
feedstock, mulch, or biomass fuel.
Condition 31.5 Composting Project Not in Compliance
We support a revised program proposal where the green waste is transferred or processed off-
site at a Transfer Station or Material Recovery Facility where the material goes to a permitted
compost facility. These facilities have the mechanical processing equipment to grind or screen
green waste into a compost feedstock.
Condition 31.4 Material Recovery Not in Compliance
We support a revised program proposal where mixed construction and demolition debris, green
waste, and wood waste is processed off-site at a Transfer Station or Material Recovery Facility.
These facilities have the mechanical processing equipment to sort materials and recover wood
waste that can be chipped, green waste that can be processed into compost, and dry wall that
can be used as a compost additive.
Condition 20.3 Cover Frequency In Compliance On-going
The alternative daily cover (ADC) program operating from 1999 to 2014 has no mechanical
processing of green material, but direct hauls to the active face of the landfill. An unprocessed
larger alternative grain size for green waste ADC is used which has no record of ever being
approved by state as required by Title 27. This condition is “Not in Compliance” for over 15 years.
Keller Canyon Landfill does not have mechanic processing equipment to process green waste into
ADC specifications to meet state Title 27 regulations.
8.5 Direct Haul. Proposed New Condition Suggested Changes
Direct Haul should only be limited to waste that is disposed of and not applied to materials that
may be used as alternative daily cover. We support the off-site processing of wood waste, green
waste, and mixed construction and demolition debris where these material are mechanically
processed for higher and better use and avoids landfill disposal. There is adequate permitted
capacity in the region to process these materials. With off-site processing, there is no reason to
direct haul these materials to Keller Canyon Landfill since there has not been mechanical
processing equipment on-site since 1999 to meet the state Title 27 ADC specifications.
Direct Haul should be limited to the following materials:
• Eligible Waste for disposal (Condition 6.1)
• Designated Waste for disposal (Condition 6.2)
• Soil to be used as cover material
• Inert material (concrete and asphalt) for beneficial reuse
Alternative Daily Cover material such as green waste, wood waste, and mixed construction and
demolition debris need to be pre-processed off-site to meet state Title 27 ADC specifications and
should not be allowed to be directly hauled to Keller Canyon. The following language for
Condition 8.5 is suggested below to address direct haul:
“8.5 Direct Haul. Only wastes in the prescribed vehicles which cannot be recycled, or
otherwise diverted from disposal if processed through a transfer station, may be
considered for direct haul pursuant to the Procedures specified in condition 8.6.
Specifically, loads containing soil to be used as cover may be direct hauled and loads
containing inert materials used a beneficial reuse on-site and treated as diversion under
the Integrated Waste Management Act may be direct hauled without going through a
transfer station.
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Loads containing green waste and wood waste that will be used for alternative daily
cover need to be pre-processed at a transfer station or a material recovery facility in
order to meet Title 27 ADC regulations specifying grain size, and cannot be direct hauled.
Loads containing mixed construction and demolition debris that will be used for
alternative daily cover need to be pre-processed at a transfer station or a material
recovery facility in order to meet Title 27 ADC regulations specifying grain size, and
cannot be direct hauled.”
We commend the efforts of DCD in the review of the Land Use Permit to allow off-site
processing of green waste, wood waste, and mixed construction and demolition debris to
achieve compliance after over 20 years. Recyclable materials need to go through a material
recovery facility first, prior to disposal. Direct hauling should be limited to eligible waste and
designated wastes, soil and inerts in order to maximize recycling and achieve compliance.
Should you have further questions, please contact me at 916-739-1200.
Best Regards;
Evan W.R. Edgar
Principal Civil Engineer
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