HomeMy WebLinkAboutMINUTES - 07212015 - D.7RECOMMENDATION(S):
CONTINUE TO SEPTEMBER 22, 2015 HEARING to consider the Keller Canyon Landfill Permit Review,
approving new and modified conditions of approval for the Keller Canyon Landfill land use permit, and to consider
related actions under the California Environmental Quality Act (CEQA).
FISCAL IMPACT:
The Land Use Permit (LUP) review has no impact to the County General Fund. Keller Canyon Landfill (KCL)
Company is responsible for providing reimbursement for the County's staff costs associated with the Permit Review
process. The fiscal impact of the proposed and modified conditions was discussed in the March 3, 2015 Board Order
(Attachment A).
BACKGROUND:
The Board of Supervisors originally heard this item on December 16, 2014. This item was continued to March 3,
2015 after a lengthy discussion, then continued again to March 31, 2015, and July 21, 2015 at the request of the
District V Supervisor. Staff previously prepared detailed reports to the Board of Supervisors related to the Keller
Canyon Landfill Permit Review and the Keller Canyon Landfill Surcharge/Fees. Those reports are provided in
Attachments A and B.
Attachment A contains the complete March 3, 2015 Board Order and the attachments. This Board Order presented
two versions of the land use permit conditions of approval as options for the Board to consider, and staff's responses
to
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/21/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
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
ABSENT: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: July 21, 2015
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, Director, Conservation & Development Department
Date:July 21, 2015
Contra
Costa
County
Subject:Continue the Open Public Hearing for the Keller Canyon Landfill Permit Review to September 22, 2105
BACKGROUND: (CONT'D)
five directives the Board requested staff to research. Staff recommended the Board approve one version of the
conditions and then direct staff to take subsequent actions related to the CEQA and schedule another permit
review in one year.
Attachment B is the Department of Conservation and Development (DCD) staff report to the Board from March
31, 2015 regarding the KCL Mitigation Fund and surcharge fees which the Board requested that staff include as
an attachment to the Board Order for the KCL permit review.
Staff is recommending the Board continue this public hearing to September 22, 2015 so that the District V
Supervisor can participate in the decision-making process.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the recommended continuance to September 22, 2015, this public hearing could
instead be conducted or continued to another date to be determined by the Board.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
A - March 3, 2015 KCL Permit Review Board Order
B - March 31, 2015 KCL Mitigation Fund Board Order
RECOMMENDATION(S):
RECEIVE additional testimony on proposed new and modified conditions of approval for the Keller Canyon
Landfill land use permit, and CLOSE the public hearing.
1.
ACCEPT the resolution on the Permit Review hearing conducted by the County Planning Commission,
presented in Exhibit A.
2.
CONSIDER and SELECT Option A or B as the Selected Version of the new and modified conditions of
approval for the Keller Canyon Landfill land use permit;
3.
Option A: proposed conditions that were originally presented to the Board of Supervisors on December
16, 2014, as recommended by the County Planning Commission (Exhibit B), OR
Option B: proposed conditions that allow limited direct haul subject to on-site material recovery
requirements (Exhibit C).
FIND that the Selected Version of the proposed new and modified land use permit conditions are exempt from
the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), as the new
and modified permit conditions will not have any significant effects on the environment, and DIRECT
Department of Conservation and Development (DCD) staff to file a Notice of Exemption.
4.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/03/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
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: March 3, 2015
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
D. 8
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 3, 2015
Contra
Costa
County
Subject:Permit review to consider new and modified conditions of approval for Keller Canyon Landfill's Land Use Permit
RECOMMENDATION(S): (CONT'D)
>
APPROVE the Selected Version of the new and modified conditions of approval for the Keller Canyon
Landfill land use permit, County File #LP89-2020.
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.
6.
FISCAL IMPACT:
The Land Use Permit (LUP) review has no impact to the County General Fund. Keller Canyon Landfill (KCL)
Company is responsible for providing reimbursement for the County’s staff costs associated with the Permit
Review process. The fiscal impact of the new and modified conditions is discussed in the response to Directive 3.
BACKGROUND:
At the last KCL Permit Review hearing on December 16, 2014, the County Board of Supervisors (Board)
unanimously approved modified conditions of approval numbers 20.3, 25.4, and 31.5. These conditions were
modified from the original land use permit, County File #LP89-2020, and pertained to material used for daily
cover at the landfill. Staff has prepared an alternative version of the proposed new and modified conditions,
referred to as Option B, for consideration by the Board as explained near the end of this report following the
response on Directive 5. The Board was not prepared to make a decision on the remaining recommendations
without considering additional information. Therefore, the Permit Review was continued to March 3, 2015 as an
open public hearing and staff was directed to research and report back regarding the following five items.
Directive 1. Provide a list of local cities that do not have Construction and Demolition (C&D) ordinances.
Staff primarily relied on city websites or staff to verify current ordinance status, however in one case information
was obtained from the applicable solid waste authority. The following alphabetic lists identify the thirteen Contra
Costa County cities that have adopted a local C&D ordinance and the six cities that have not. It is worthwhile to
note that local C&D ordinances have become less significant in recent years and in some cases even
inconsequential due to the expanded statewide requirements that took effect in 2014. All jurisdictions (city or
unincorporated county) within California are subject to the C&D debris recovery requirements contained within
the State’s 2013 California Green Building Standards Code (CalGreen), unless they already have a local
ordinance with more stringent requirements. Agencies currently enforcing building codes for the applicable
building occupancy types are also responsible for applicable enforcement of CalGreen requirements.
The County’s C&D ordinance which had applied to covered projects (over 5,000 square feet) in the
unincorporated area is generally less stringent and has in effect been preempted by the statewide standards in
CalGreen. Most of the C&D ordinances adopted by local cities are triggered if projects either exceed a specified
size (square feet) or cost (dollar value), rather than the type of building as is the case with CalGreen.
Adopted local C & D ordinance
Antioch
Brentwood
Clayton
Concord
Danville
Lafayette
Martinez
Moraga
Oakley
Orinda
Pleasant Hill
San Ramon
Walnut Creek
No local C&D ordinance adopted
El Cerrito
Hercules
Pinole
Pittsburg
Richmond
San Pablo
CalGreen requires that at least 50% by weight of debris from applicable construction or demolition project job
sites be recycled, reused, or otherwise diverted from landfill disposal. This requirement applies to demolition
projects and new occupiable buildings being constructed, including additions or alterations of buildings where the
changes increase the building’s conditioned (habitable) area, volume or size. CalGreen requires submission of
plans and verifiable post-project documentation to demonstrate that at least 50% of the nonhazardous C&D debris
generated on the job site are salvaged for reuse, recycled, or otherwise diverted.
Directive 2. Assess a potential change to the Local Enforcement Agency proposed by the City of Pittsburg.
In response to the Board of Supervisors' request, the Pittsburg City Manager submitted a letter on January 9, 2015
(Exhibit D). The City of Pittsburg proposed that the Pittsburg Local Enforcement Agency (Pittsburg LEA) assume
responsibility for solid waste inspection and enforcement at Keller Canyon Landfill. Under the City's proposal,
there would be a transitional period where the Pittsburg would work with the County LEA on matters related to
the landfill.
Contra Costa Environmental Health (CCEH) reviewed the proposal and applicable legal requirements. The laws
and regulations that govern the designation and certification of local enforcement agencies do not authorize
Pittsburg’s LEA to take on these duties because the landfill is located in an unincorporated area.
Under the Public Resources Code (PRC), only the Board of Supervisors may designate an enforcement agency to
enforce solid waste laws in unincorporated areas. In a city, only the city council may designate an enforcement
agency to enforce solid waste laws in that city (PRC §§ 43202 & 43203). Under the California Code of
Regulations (CCR), the Board of Supervisors may designate one local agency to be the County’s enforcement
agency. After the designated agency has been certified by the California Department of Resources Recycling and
Recovery (CalRecycle), then that certified agency is the only LEA in the unincorporated area of the County.
Similarly, a city may designate one local agency to be its enforcement agency (CCR Title 14, §§ 18050 & 18070).
Based on these laws, only one enforcement agency can be designated within the unincorporated area of Contra
Costa County. Under these laws, the Pittsburg LEA cannot be designated by the City of Pittsburg as the
enforcement agency for the Keller Canyon Landfill because the landfill is located in an unincorporated area which
is the County's jurisdiction.
Contra Costa Environmental Health (CCEH) has served as the LEA in the unincorporated area since 1992. In
addition, 18 of the County’s cities have designated CCEH as their LEA.
CCEH staff has reviewed the proposal submitted by the City of Pittsburg. In its capacity as the County LEA,
CCEH has indicated it is opposed to Pittsburg’s proposal and remains committed to fulfilling its solid waste
enforcement duties in Contra Costa County.
Directive 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 and
possible decrease in associated fees paid to the County.
This Directive is only relevant to changing the Land Use Permit (LUP) conditions as proposed in Option A. Staff
has collected and analyzed all available data to offer our best estimates which were derived from a combination of
variables, some of which had to be based on assumptions. Staff did not have to rely on assumptions for three of
these variables because this data is included in reports submitted by the operator: actual tons of material hauled
directly to KCL, actual jurisdiction of origin for each load of material, and actual material types. All of the
following variables rely on assumptions which have the potential to significantly alter the outcome depending on
what is assumed:
Question: Where would the C & D material go if not hauled directly to KCL?
Assumption: Total amount originating in each jurisdiction within Contra Costa County would go to the
nearest in-County transfer station. Loads from other counties would probably not go to an in-County
transfer station, but if so it would end up at the nearest in-County transfer station.
1.
Question: How much C & D material would be diverted at in-County transfer stations?
Assumption: Average of 91% diversion for the Recycling Center & Transfer Station in Pittsburg, according
to letters from the facility operator and an average of 50% diversion for both the Contra Costa Transfer &
Recovery Station in the Martinez area and the Golden Bear Transfer Station in North Richmond, according
to the certified facility list published by the Central Contra Costa Solid Waste Authority.
2.
Question: What gate rate would be paid by customers for C & D loads?
Assumption: All tons would be subject to the current standard C&D gate rate of $83.00 per ton. Actual
rates paid vary significantly (and are mainly lower), but no data is available relating tons of disposal to
specific rates, as further explained below.
3.
Tonnage amounts fluctuate seasonally and from year to year based on a wide range of factors, such as the
economy which seems to have a direct impact on waste generation (more disposal when the economy is doing
well). Therefore, staff is providing estimated annual average tonnage or dollar amounts calculated using actual
reported tonnage by origin for the applicable waste types over a 4.75 year period starting in 2010.
Some of the County fees are paid based on tonnage amounts, however the highest fee paid to the County is the
Surcharge required in the Landfill Franchise Agreement which is based on gate revenue (varies based on actual
rates paid by customers during any given period). The Landfill sets its own rates which can vary based on waste
type and customer. Since DCD staff does not know the actual rates charged for each load, we estimated fee
impact using a flat gate rate since the Landfill operator indicated that most customers pay KCL's standard C&D
gate rate. It is worth noting that this conservative assumption potentially over-estimates the potential fee impact
noted as the Franchise Surcharge since it is based on a gate rate that in some cases may be substantially higher
than the actual rate paid by some customers.
The majority of loads hauled directly to KCL for disposal contain contaminated soils, wastewater
biosolids/byproducts, street sweepings and various other special wastes. These special wastes are legally classified
as Class II because they are contaminated but fall below the hazardous waste thresholds. These Class II wastes are
not suited for handling at transfer stations. Therefore, the restrictions on direct haul are focused on C&D loads
which can be readily identified as being potentially recyclable at local transfer stations.
POTENTIAL INCREASE IN DIVERSION: Staff's estimates are summarized below. Most of the direct-hauled C
& D has generally come from jurisdictions within Contra Costa County, however 23.2% originated outside the
County. See the table in Exhibit I for more details about the waste diversion estimates summarized below.
OPTION A - Staff's estimates do not assume any of the C & D originating outside the county would be diverted
because the amount of speculation required makes any diversion assumptions quite arbitrary. The worst case
scenario assumption would be that all of the loads of C & D material previously direct hauled to KCL would
bypass in-County transfer stations and instead be disposed of at out-of-county landfills (0% diversion). If only
those loads originating within Contra Costa County ended up going to the local transfer stations nearest each
jurisdiction (63% diversion) and the out-of-county loads were disposed of in other landfills (0% diversion), it
would result in a total combined diversion rate of 48.5%. If all C & D loads instead went to one of the three
in-County transfer stations, staff estimates that approximately 60% of the C & D material would be diverted.
OPTION B - If C & D loads continued being direct hauled to KCL and the proposed on-site material recovery
operation were to be established on-site in compliance with the recommended conditions, the landfill operator
would need to achieve and maintain an average diversion rate of 50% for direct hauled C & D materials.
POTENTIAL REDUCTION IN COUNTY FEES: Potential estimated reductions in County fees paid at KCL vary
quite a bit depending on where the previously direct hauled C & D loads end up. See the table in Exhibit I for
additional context related to the potential fee reduction estimates summarized below.
OPTION A - Some of the C & D loads would end up in one of the in-County transfer stations, so staff developed
the estimates reflected in the tables below based on the amount of in-County disposal expected to result from the
in-County transfer station utilization used for the two diversion scenarios discussed above.
OPTION B - If C & D loads continued being direct hauled to KCL and the proposed on-site material recovery
OPTION B - If C & D loads continued being direct hauled to KCL and the proposed on-site material recovery
operation were to be established on-site, the landfill operator would continue paying all County fees on total C &
D tonnage. Since County fees would be paid on tons disposed and diverted, there would be no projected reduction
in County fees. Based on the current standard C & D gate rate charged at Keller and the average annual tons in
recent years, the estimated average annual County fee revenue that would be generated if these C& D loads
continued going directly to KCL would be $305,854.
ESTIMATED ANNUAL REDUCTION IN COUNTY FEES FROM KCL IF OPTION A IS APPROVED
ESTIMATED ANNUAL INCREASE IN COUNTY FEES FROM TRANSFER STATIONS IF OPTION A IS
APPROVED
Directive 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 of C & D at Keller Canyon.
The landfill operator provided DCD staff with an outline (Exhibit E) describing key characteristics of the on-site
C & D processing operation initially proposed in the letter dated December 16, 2014 and submitted to the Board
by Scott Gordon, attorney for KCL (Exhibit F). The site and operational changes proposed to recover some of the
C & D materials that would otherwise be disposed of in the landfill are relatively minor in nature. The proposal
does not include any new buildings or stationary sorting or grinding equipment. The landfill operator has
indicated that the proposed changes could be implemented within three to six months of securing the required
approvals. Changes proposed at KCL in order to implement on-site recovery of C & D materials include:
an all-weather pad would be installed to facilitate off-loading and sorting of certain materials contained
within incoming loads of C&D debris direct hauled to the landfill;
mixed C&D loads would be stored temporarily on the all-weather pad until a sufficient quantity of material
is stockpiled to warrant sorting;
C&D would be sorted manually with the aid of existing equipment (e.g. excavator, backhoe, etc.) when
needed in order to pull out certain types of material;
recovered C & D materials would be segregated by type and consolidated into designated storage bunkers
(walled off areas on the pad) or bins (large containers that can be readily transported) awaiting removal for
beneficial use on-site or transport off-site; and
most recovered materials would remain in storage bunkers/bins until they needed to be removed and
utilized on-site for beneficial reuse purposes, however recovered wood would be stored in bunkers/bins
until needing to be transported off-site for use at biomass facility(ies).
These proposed changes would not require an LUP amendment. These can all be reviewed and approved by DCD
administratively if submitted in the form of a revised Material Recovery Program pursuant to LUP Condition
31.4. The existing condition language requires the landfill operator to “prepare and implement a program for
recovering recyclable materials from refuse loads brought directly to the landfill.” CEQA does not require
environmental review for proposed activities which are allowed within the parameters of existing permit
conditions. Land owners are entitled to establish and operate a project once approved in a manner consistent with
any applicable permit requirements imposed by the approving authority after considering the project's potential
environmental impacts identified as a result of any applicable CEQA review. No further CEQA review is required
in order to authorize implementation of this type of proposed on-site recovery operation under KCL's LUP
because such had already been contemplated within the existing conditions approved when the project's original
Environmental Impact Report (EIR) was approved in 1990. Therefore, the only process necessary prior to
initiating the proposed on-site recovery activity in order to satisfy requirements of the LUP will be the
administrative review and approval of a detailed project description.
However, the proposed on-site recovery activity can only be implemented if approved through the permitting
process administered by CCEH in conjunction with CalRecycle. CCEH provided the attached overview
summarizing the process for revising KCL's Solid Waste Facility Permit (SWFP), including the length of time for
each step to be taken upon receipt of a completed permit application (Exhibit G).
Exhibit G shows that the maximum time to meet mandated deadlines to revise a SWFP is 150 days (five months),
once a formal permit application is submitted to CCEH, in its capacity as the Local Enforcement Agency (LEA).
Operators often submit a draft application to CCEH for an informal review. The length of time this informal
process takes depends on the complexity of the project, completeness of the draft package, how much time the
applicant takes to make any requested changes, and the nature of the feedback from CalRecycle. If CCEH
determines that additional CEQA review is needed, then this may add to the length of the informal review period.
Staff believes the maximum time for revising the SWFP and completing any additional CEQA review if
necessary, and obtaining the concurrence of CalRecycle to a revised SWFP is 10-13 months.
Directive 5. Identify CEQA implications associated with approving staff’s recommended new and modified
Conditions.
There are two separate scenarios that need to be addressed in order to adequately respond to this directive from the
Board. The first is the question about CEQA implications that need to be identified pertaining to the original set of
new and modified conditions reviewed and recommended for approval by the County Planning Commission
(CPC), referred to as Option A. Second, is the question of CEQA implications resulting from the landfill
operator’s proposal to establish on-site processing to recover direct hauled materials, involving further edits to the
new and modified conditions of approval, referred to as Option B. The additional edits proposed by staff were
prompted in part by the landfill operator's proposed modifications to the Eligible Vehicles and Direct Haul
Procedures conditions (conditions 8.1 and 8.6), which was presented in a letter to the Board at the December 16,
2014 meeting (see Exhibit F).
Staff maintains that approval of the first set of new and modified conditions presented to the Board on December
16, 2014 (Option A) is exempt from CEQA as recommended previously. The vast majority of conditions
proposed for modification provided more clarification language and would not have additional impacts on the
environment. Having re-examined the proposed new conditions related to Direct Haul procedures, staff continues
to be of the opinion that this would not create a new project or have new adverse impacts on the environment.
Since a new version of new and modified conditions has since been developed containing revisions prompted by
the requested changes submitted by the landfill operator (Option B), staff has also identified the CEQA
implications related to that option to be fully responsive to this Board directive. In Option B, staff revised the two
conditions noted above (8.1 and 8.6) as well as conditions related to Direct Haul (8.5), the Notification Program
(11.4), Material Recovery (31.4) and Wood Chipping (31.6). In reviewing the original, certified EIR for the
landfill, staff closely examined the original project assumptions to better assess the potential impacts these new
and modified conditions might have on the environment. KCL’s existing LUP states that C&D hauling trucks are
eligible as long as they contain materials originating within the County (this geographic restriction was in effect
nullified in the 1990s as a result of court decisions). The original EIR addressed impacts for daily truck trips up to
a maximum of 340 which is well above the current number of truck trips reported at the landfill. KCL’s SWFP
includes a limitation on daily truck trips which also ensures that operations stay within the parameters established
in the EIR. The EIR identifies C&D trucks and material among the types of vehicles and waste that could go
directly to KCL, which helps explain the basis for that truck type being included in the Eligible Vehicles condition
(8.1). Additionally, actions taken by the Board in 1992-93 identified certain waste load characteristics that
warranted direct haul including heavy or powdery materials which would apply to certain C&D waste loads. This
helps explain staff’s earlier determination that the proposed materials recovery program complies with condition
of approval 31.4 and additional CEQA review is not necessary (see above).
Therefore, the revised new and modified conditions for the Eligible Vehicles and Direct Haul procedures would
not require additional CEQA analysis or create a new project with significant environmental impacts. The
language added to the Notification Program condition is a slightly modified version of wording that had
previously been recommended as part of the revised Materials Recovery condition. The added language requires
KCL to periodically remind its customers about eligible wastes for direct haul to the landfill.
As currently proposed, neither version of the new and modified conditions (Exhibits B & C) would require further
CEQA analysis, or have potentially significant impacts on the environment in accordance with CEQA Guidelines.
This final determination is reflected in staff’s recommendation # 4 that the Board of Supervisors find this permit
review process and the Selected Version of the conditions of approval exempt from CEQA.
TWO VERSIONS OF PROPOSED NEW AND MODIFIED LUP CONDITIONS OF APPROVAL -
TWO VERSIONS OF PROPOSED NEW AND MODIFIED LUP CONDITIONS OF APPROVAL -
OPTIONS A & B
There are two separate sets of new and modified conditions of approval that staff has presented as options for
Board consideration. The second recommendation provides for the Board decision to select either Option A or
Option B as the preferred set of conditions (Selected Version). The primary differences expected to result from
the approving Option A or B involve the amount of C & D material potentially disposed vs. diverted, amount of
fees paid to the County and the amount of trips coming and going to/from KCL and other local transfer stations as
explained below. Notwithstanding the below, neither option is expected to have a significant impact on the
environment because the net number of truck trips that will occur under either option will not exceed what was
addressed in the original EIR. This limitation has been imposed as a requirement within KCL’s SWFP.
Option A is the same set of conditions presented on December 16, 2014 which is the version reviewed and
recommended for approval by the CPC. Approval of this option would require that KCL stop accepting loads of C
& D currently being direct hauled to the landfill since they contain various materials types that would be diverted
if first processed at a local transfer station. Roughly 23% of the C & D direct hauled to KCL originates in other
counties. It is extremely unlikely that all of the out-of-county C & D currently being direct hauled to KCL would
end up at one of the in-County transfer stations. Selecting this option is likely to provide for a higher level of
waste diversion in comparison to Option B, however staff is unable to estimate the degree of difference for the
most likely scenario since it would require too much speculation about the potential out-of-county diversion.
However, staff has provided some potential diversion estimates for a few different scenarios under Directive 3
above. That section also contains estimated potential reductions in County fees paid at Keller and associated
increases in County fees paid at local transfer stations that would result from those same diversion scenarios. Staff
suggests that the Board authorize that enforcement of this new requirement be delayed if approving Option A in
order to allow adequate time to raise customer awareness in advance of the change taking effect to avoid negative
unintended consequences, including illegal dumping. Staff and the operator will also need a little time to prepare,
review and approve the documentation needed to implement the Direct Haul screening procedures. Selecting
Option A is expected to reduce the number of direct haul truck trips going to KCL, however it would also increase
the amount of incoming transfer truck trips at Keller as well as added truck trips going to and from local transfer
stations and out-of-county facilities. The increased truck trips coming from local transfer stations would include
waste to be disposed of as well as possibly some of the recovered materials that Keller can use beneficially on-site.
Increases in truck trips does not necessarily result in increased emissions because it depends on the distances
involved (more trips would result in less emissions if traveling shorter distances which together add up to less total
miles traveled). Additional details regarding direct haul C & D received at KCL can be found in Exhibit I.
Option B contains revised versions of six conditions (Conditions 8.1, 8.5, 8.6, 11.4, 31.4 and 31.6) and the
remainder of the conditions mirror what is presented in Option A. Changes to these six conditions were prompted
by KCL's proposal to establish on-site material recovery at KCL. Changes include revisions intended to serve as
alternatives to the landfill operator's requested edits presented to the Board on December 16, 2014. Approval of
this option would allow KCL to continue accepting the same direct haul loads without requiring that they first go
through a transfer station as long as the landfill operator moves forward with the on-site material recovery
permitting and implementation within the time frame prescribed in the revised conditions. KCL would be allowed
to continue disposing of all mixed C & D loads direct hauled to Keller until March 16, 2016. Thereafter, rather
than continuing to dispose of all loads of mixed C & D material, the landfill operator would have to begin
diverting at least 50% of incoming C & D materials on-site (unless delayed by third party legal challenge)
consistent with a revised Material Recovery Program to be approved by DCD. If the required on-site material
recovery is not in place by March 16, 2016, KCL would have to cease acceptance of direct haul C & D loads
(similar to Option A) until such time as on-site materials recovery has been permitted and put into operation at
KCL. Selecting this option provides for payment of all existing County fees whether or not the material is
diverted as a result of on-site material recovery, thereby avoiding any anticipated decrease in County fees
associated with Option A (the estimated reduction in fees is speculative as explained previously under Directive
3). Selecting Option B is not expected to increase the number of incoming truck trips currently going to KCL or
local transfer stations, however the number of outgoing truck trips are projected to increase slightly (4-10 per
month) due to transport of C & D materials recovered that would not be used on-site compared to existing
conditions. Option B is expected to generate a smaller increase in outgoing truck trips at KCL than would be the
case for outgoing truck trips leaving the transfer stations as a result of approving Option A since transfer stations
would not retain any of the recovered materials on-site for beneficial reuse. Additional details regarding direct
haul C & D received at KCL can be found in Exhibit I.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve either of 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
CONTINUED to March 31, 2015 at 9:30 a.m.
ATTACHMENTS
Exhibit A: County Planning Resolution
Exhibit B: Option A - New and Modified Conditions of Approval
Exhibit C: Option B - New and Modified Conditions of Approval
Exhibit D: January 9, 2015 Letter from City of Pittsburg
Exhibit E: Draft C&D Processing Proposal
Exhibit F: December 16, 2014 Letter from Scott Gordon
Exhibit G: January 28, 2015 Letter from Environmental Health
Exhibit H: Condition of Approval Compliance Table (Revised after Permit Review before CPC)
Exhibit I: Direct Haul C & D Statistics and Assumptions
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
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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
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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
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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
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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
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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
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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
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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. *
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]
EXHIBIT C
OPTION B
PROPOSED NEW OR MODIFIED CONDITIONS
FOR 2014 PERMIT REVIEW
-"/%64&1&3.*5
$0/%*5*0/40'"11307"-
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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 ......................................................... 3
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. ..................................................................................................... 7
8.8 Emergency Direct Haul. ............................................................................................... 7
9.1 Hours of Operation ....................................................................................................... 8
9.2 Operating Days ............................................................................................................. 8
9.3 Maximum Daily Tonnage ............................................................................................. 8
10.1 Volume Estimation ........................................................................................................ 9
10.3 Waste Characterization ................................................................................................ 9
11.1 Permit Review ............................................................................................................... 9
11.2 Local Advisory Committee ......................................................................................... 10
11.3 Insurance and/or Bonding .......................................................................................... 10
11.4 Notification Program ................................................................................................... 10
11.6 Implementation and Mitigation Monitoring Program ................................................. 11
11.10 Conditions Requiring Franchise ................................................................................. 11
11.11 Regulations Enforced by Other Agencies ................................................................. 11
11.12 Required Expenditures ............................................................................................... 11
11.13 Designation of Authority ............................................................................................. 12
12.1 Rate Approval ............................................................................................................. 12
12.2 Rate Review ............................................................................................................... 12
12.3 Form and Content of Rate Review Application ......................................................... 12
13.1 Franchise Compliance and Agreement ..................................................................... 13
13.2 Assignment ................................................................................................................. 13
14.2 Regulatory Agency Approvals .................................................................................... 13
16.2 Seismic Design ........................................................................................................... 14
16.4 Geotechnical Inspector ............................................................................................... 14
16.6 Slope Monitoring ......................................................................................................... 14
16.8 Emergency Landslide and Earthquake Program ...................................................... 14
17.6 Downstream Well Monitoring ..................................................................................... 14
17.11 Water Balance Calculations ....................................................................................... 14
17.17 Working Face .............................................................................................................. 15
18.2 Surface Drainage System .......................................................................................... 15
Page ii
18.4 Surface Water Management and Sediment Control Plan ......................................... 15
19.4 Hazardous Waste Pre-screening ............................................................................... 16
19.5 Regulatory Agency Approvals .................................................................................... 17
20.2 Odor Containment ...................................................................................................... 17
20.3 Cover Frequency. ....................................................................................................... 18
20.4 Odoriferous Loads ...................................................................................................... 18
20.7 Air Flow Monitoring ..................................................................................................... 18
20.8 Contingency Program ................................................................................................. 18
20.9 Revegetation ............................................................................................................... 19
20.17 Landfill Gas Testing .................................................................................................... 19
20.19 Cell Re-Opening ......................................................................................................... 19
20.20 Fissure Repair ............................................................................................................ 19
20.23 Speed Limits ............................................................................................................... 20
21.2 Noise Monitoring Program ......................................................................................... 20
22.2 Landscape Plan .......................................................................................................... 20
24.6 Mosquito Control ........................................................................................................ 20
25.1 Litter Control Objective ............................................................................................... 21
25.2 Load Covering ............................................................................................................ 21
25.4 Contingency Litter Control .......................................................................................... 21
25.7 On-Site Litter Policing ................................................................................................. 21
25.8 Off-Site Litter Policing ................................................................................................. 21
25.11 Public access .............................................................................................................. 22
26.9 Gas Migration Monitoring ........................................................................................... 22
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 ................................................................................................. 24
31.6 Wood Chipping ........................................................................................................... 24
31.9 County Resource Recovery Management Program ............................................. 2524
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 ............................................................................. 26
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
formal notices and assessing penalties pursuant to Section 4.19 of the
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 2
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
an eligible curbside recycling, or equivalent, programs as determined by the
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 3
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.
6.6 Hazardous Waste Screening and Management. See Section 19.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 4
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 or on-site consistent with the
approved Materials Recovery Program (Condition 31.4) 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
requirements.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 5
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 to increase
diversion through a Transfer Station.
g) The provisions set forth in subsections (b) and (f) above shall become
effective on March 16, 2016 or upon the commencement of on-site
sorting to recover materials from mixed waste loads as provided for in
Condition 31.4, whichever is sooner (“Implementation Date”). In
order to continue accepting direct haul loads in specified vehicle
types prior to and until the Implementation Date, the Landfill operator
shall submit a revised Material Recovery Program (Condition 31.4)
and a completed permit application to County Environmental Health
for on-site sorting and recovery no later than April 1, 2015. The
forgoing notwithstanding, in the event of a legal challenge to the
County’s approval of this modified Condition 8.1 and/or to the
approval of a Material Recovery Program, the Implementation Date
shall be the later of date of the resolution of the legal challenges
including exhaustion of all appeals to final judgment, or March 16,
2016.
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. At least once per year, the Landfill
operator shall submit an updated list of waste and material types
recovered prior to transfer for disposal at the landfill if contained in loads
delivered to any of the local transfer stations open to the public. The
annual list shall be subject to the review and approval of the Department
of Conservation and Development and is intended to be used when
screening direct haul eligibility pursuant to Condition 8.6(g). 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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 6
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
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 Effective on March 16, 2016 or upon the
commencement of on-site sorting to recover materials from mixed
waste loads as provided for in Condition 31.4, whichever is sooner
(“Implementation Date”), the Landfill operator shall prior to acceptance
verify that Class III waste loads do not contain recyclable materials on
the approved annual listing described in Condition 8.5 unless being
accepted for on-site diversion or recovery pursuant to the Material
Recovery Program (Condition 31.4). The forgoing notwithstanding, in
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 7
the event of a legal challenge to the County’s approval of this modified
Condition 8.6 and/or to the approval of a Material Recovery Program,
the Implementation Date shall be the later of date of the resolution of
the legal challenges including exhaustion of all appeals to final
judgment, or March 16, 2016.
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
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 8
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
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 9
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
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.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
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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
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 landfillcustomers and periodically
remind existing customers of the Landfill’s 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. Customers shall also be notified
and periodically reminded of waste acceptance eligibility criteria so that
refuse loads containing materials on the list approved annually pursuant to
Condition 8.5 are not being brought directly to the landfill. The program
should be prepared in conjunction with the operator(s) of the transfer
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 11
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 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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 12
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
- 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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 13
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
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 14
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
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 15
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
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 16
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
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 17
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.
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 18
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
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 Department of Conservation and
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 19
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
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 20
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.
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 21
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
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 22
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.
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 23
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
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
Materials Recovery pProgram for recovering recyclable materials from
refuse loads brought directly to the landfill. The Program shall describe in
detail all existing and proposed on-site recovery activities and the associated
percent of waste diversion for each, including materials diverted for use as
cover, on-site beneficial reuse as well as transported off-site (e.g. biomass
facilities). The Program shall include proposed on-site recovery activities
intended to handle source separated loads and comingled loads to be sorted
on-site to increase diversion. On-site recovery activities for direct haul loads
of Class III waste loads containing recyclables shall be designed and
operated to ensure that diversion levels are not less than 50%. The Landfill
operator shall pay all County fees and surcharges on materials recovered
on-site in the same manner as if material was disposed.The operator shall
coordinate the material recovery program with the operator(s) of a transfer
station(s) serving the Landfill. The pProgram shall be consistent with
Conditions 8.5 and 8.6 the and shall only include on-site direct haul recovery
activities that will divert no less than an average of 50% for consistency with
the Countywide Integrated Waste Management Plan. The Program and
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 24
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, 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 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 (waste diversion as defined in 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.
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 25
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.
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
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 26
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
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)
2/18/2015 – Proposed New and Modified Conditions for 2014 Permit Review
PROPOSED MODIFICATIONS TO THE KELLER CANYON LANDFILL LAND USE PERMIT CONDITIONS OF APPROVAL
Page 27
M:\Keller\Board Order Mar2015\KCL-LUPCOA_New-Modified_Mar3 Version.docx
C&D Processing at Keller Canyon Landfill
– Preliminary Draft
1) Background and Introduction
a) In compliance with Land Use Permit 2020‐89, Condition 8.1b, construction and
demolition (C&D) material has been coming into Keller Canyon Landfill (KCL) for over 20‐
years.
b) The material is from a variety of sources including independent haulers using self‐
dumping trailers or rolloff trucks to contractors with end‐dumps or debris boxes.
c) The understanding is that the majority of this material has already undergone some
form of generator or job location source separation and material specific source
reduction prior to arriving at Keller. This understanding is supported by information
obtained by market area representatives, and involves principally three concepts;
i) Construction economics dictate that recoverable materials be removed prior to
disposal because they either have monetary value (e.g. metal) or can be processed
or managed at a much lower cost than what is associated with disposal (e.g. clean
wood)
ii) Many communities where generators are located (including the County) have
mandatory C&D recycling ordinances or other recycling incentives
iii) Visual observations made by trained landfill personnel on existing inbound materials
2) Purpose and Need
a) As stated, customers have been bringing their C&D to KCL for over 20 years. It is a
convenient, cost‐effective location to manage this fraction of materials from
jobsites/projects they are associated with and an important resource for local
businesses.
b) By adding on‐site sorting and processing capabilities, KCL will increase diversion for the
County and continue to provide a valuable service to the community.
3) Benefits/Impact on County TS processing Capacity
a) If much of the material has already been presorted or segregated, there is little benefit
to sending it through a transfer station. In fact, it unnecessarily adds costs, traffic,
carbon footprint and greenhouse gas impacts.
b) Since material has been coming to KCL for so long, additional processing and diversion
at KCL will have little to no impact on the operation of local transfer stations. This
project will maintain the status quo, except for additional processing and diversion at
KCL.
4) Timeframe/Schedule
a) Once approved, the operation could be implemented fairly quickly; probably within 3 to
6‐months, depending on final project parameters and seasonal weather conditions.
5) Processing Hours/Days
a) Processing would be limited to normal business days (M‐F) and hours (8 a.m. – 4 p.m.)
b) Depending on volumes, processing would likely only be required 3‐5 days per week for
4‐6 hours per day
c) Flexibility may be required in the event that additional processing capacity is needed for
larger jobs, but in no case will it occur outside of normal business days and hours.
6) Waste Types and Volumes/day
a) Waste types are expected to be similar to what is received now, which includes pre‐
processed and unprocessed C&D from a variety of sources including residential,
commercial and industrial.
b) Waste volumes are anticipated to be similar to what is received now; 400‐1500 tons per
month, depending on seasonality, economic conditions, and other market factors.
7) Operational Changes
a) Processes
i) C&D loads received that the site for processing will be directed to the Processing
Area, as shown in Figure 1, where they will be offloaded onto an all‐weather sorting
pad.
ii) The material will be stored until a sufficient quantity of material has been received
to warrant sorting and segregation. Material will normally be sorted within 5
business‐days of receipt, and in no case more than 15 business‐days.
iii) Sorting will occur using a ground sort method with both manual and equipment
aided processes
(1) Once the material has been received and offloaded onto the sorting pad, manual
and equipment aided sorting will begin. Larger pieces will be removed and
placed in nearby bunkers, bins or piles. Equipment and laborers will spread the
material out as needed to facilitate further sorting.
iv) Material placed in bunkers, bins or piles will be stored until sufficient quantities are
accumulated:
(1) Materials such as clean wood and metal will be stored in open air piles until
sufficient quantities are accumulated for outhaul.
(a) Clean wood will be transported out by a third party to a biofuel location,
similar to how it is currently handled at other RSG locations.
(b) Metal will be sent to Sims or Schnitzer steel (or similar service provider) for
further recycling.
(2) Other materials such as concrete, asphalt, dirt and related fines will be
stockpiled and beneficially used on‐site for pad, road construction and cover
(daily or intermediate) as needed.
v) Residual materials not sorted for diversion will be transferred to the working face for
disposal.
vi) All material movements will be tracked and recorded as appropriate.
b) Equipment
i) Much of the sorting will be done manually using on‐site labor. Necessary equipment
will be used as needed to safely move and manage the material and stockpiles.
ii) Existing equipment that may be used includes the following;
(1) Excavator/backhoe/wheel loader/skid steer
(2) Rolloff bins, trucks and an end‐dump
c) Buildings/Site Improvements
i) No additional buildings will be needed.
ii) Site improvements include construction of an all‐weather tipping and sorting pad as
well as bunkers delineated by K‐Rails or similar concrete blocks. Stockpiles will also
be used to store bulk materials such as concrete and dirt that may be removed from
the C&D loads. These piles will be similar to existing onsite piles of these types of
materials.
iii) The operational area will be graded to optimize drainage. Signs will be placed as
needed to direct the sorting, moving, transport and storage of material.
8) Diversion Methods
a) As described above, diversion will be largely accomplished through a combination of
manual and equipment‐aided sorting. Experience shows that significant diversion can be
accomplished in this manner.
9) Diversion Percentage
a) A minimum 50% diversion is expected.
b) Tracking of aggregate amounts diverted during a given month will occur as materials are
sorted and sent offsite, beneficially used on site or transported for disposal.
c) Diversion and disposal reporting will be performed in accordance with the LUP and
SWFP conditions
10) Vehicle trips
a) No significant additional vehicle trips are anticipated, as the intent is to continue to
service customers that already bring this material to KCL. Some additional outbound
loads will be required to accommodate diverted material. This may amount to 10‐40
loads per month (or an increase of less than 1% over existing permitted levels).
11) Personnel/Staffing Requirements
a) Sorting will be done on a part‐time basis and staffed accordingly. Existing onsite
workforce will be used and additional temporary recycling workers will be brought in as
needed to facilitate the required sorting operations.
b) An onsite KCL operator and driver will also be used to run equipment and vehicles as
needed.
12) Permitting and Compliance
a) Conditions will need to be addressed, modified or approved as needed in the following
permits;
i) LUP COA; County DCD
ii) SWFP/RDSI; LEA & CalRecycle
13) Maps/Locations
a) Processing locations are under consideration, but will likely occur either up top on the
top deck area or in the area adjacent to the landfill on the east side or south side of the
fill placement area.
Status Types
Completed requirements were satisfied and no further action or monitoring expected. Brief remarks are provided in the adjoining Comments column.
Completed. On-Going initial required action or submittal was completed and continuing landfill operations must be conducted in conformance with applicable
submittal/requirements on an on-going basis.
Completed. Updated As Needed submittal requirement was satisfied, but submittal addresses on-going or future activities and may be updated if/when warranted based on
operating experience or requirements imposed by regulations or another permit/regulatory agency.
Further Review Required compliance status has not yet been confirmed pending completion of further review and/or coordination with other regulatory agencies.
In Compliance. On-Going compliance with general requirements of conditions involving facility design standards, daily operations, or scheduled monitoring.
Informational primarily informational and does not require specific actions.
In-process applicable compliance efforts are underway but not yet completed.
No Longer Applicable determined to be unenforceable or infeasible subsequent to issuance of the KCL LUP in 1990. Examples include conditions superseded by
regulations; conditions that no longer apply due to U.S. Supreme Court decisions. Explanation is provided in the adjoining Comments column.
Not in Compliance further action is required by the operator to fully satisfy requirement(s), includes any that were only partially satisfied but not enough to be deemed
substantially in compliance.
Not Yet Required no action is required of the Landfill owner/operator until such time that circumstances or events occur that are specified in the condition of
approval (e.g. upon request by the County). Explanation is provided in the adjoining Comments column.
Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
1.1 Short Title. The Keller Canyon Landfill project is henceforth referred to in this document
as the Landfill.Informational Condition Acknowledged.
2.1
Ultimate Responsibility. The conditions of approval identify the Land-fill developer as the
party responsible for implementing conditions involving construction and improvements,
and the Landfill operator for implementing conditions involving maintenance and
management. Regardless of these identifications, the Land-fill owner shall be responsible
for complying with all conditions.
Informational Condition Acknowledged.
2.2
Transfer of Ownership. The Land Use Permit for the Landfill shall run with the land;
however, a new owner shall be responsible for notifying the County Community
Development Department of any change in ownership. A change in ownership shall be
interpreted to mean the acquisition of 5 percent or more of the value of the Landfill site
covered by this Land Use Permit. (It is noted that other permits may not necessarily run
with the land.)
Completed.
On-Going
The First Amended Landfill Franchise Agreement contains assignment requirements pertinent to a change in
ownership. The Keller Canyon Landfill Company (KCLC) was owned by Browning Ferris Industries (BFI) at the time
the Landfill began operations in 1992. In 1999, BFI sold/transferred KCLC and other local assets to Allied Waste
Industries. In 2008, Allied Waste Industries merged with Republic Services, Inc.
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.
In
Compliance.
On-Going
Operation has generally been conducted in compliance with all local, State, and federal laws and regulations. The
Department of Conservation and Development (DCD) is not aware of any violations that were not corrected in a
timely manner. The Landfill operator and any Vendors/operators subcontracted to work at KCL is required to
comply with this LUP and all other permits with regulatory authority over landfill operations. See Condition 14.2 for
a listing of approved permits.
3.2
Design Standard. The Landfill developer shall design the Landfill facility to meet the
requirements of the San Francisco Regional Water Quality Control Board for a Class II
waste disposal facility.
In
Compliance.
On-Going
KCL is a Class II waste disposal facility that has been classified by the Regional Water Quality Control Board (RWQCB)
according to the provisions of Title 27, Environmental Protection--Division 2, Solid Waste Chapter 3. Criteria for All
Waste Management Units, Facilities, and Disposal Sites . Keller Canyon Landfill's design, construction, and operation
comply with all State Minimum Standards for solid waste handling and disposal specified in Title 27 of the California
Code of Regulations (CCR). The design for each phase of the landfill is subject to RWQCB review and approval prior
to construction being authorized by DCD.
3.3
State Minimum Standards. The operation and maintenance of this facility shall at all
times comply with Minimum Standards for Solid Waste Handling and Disposal (California
Administrative Code, Title 14, Division 7, Chapter 3).
In
Compliance.
On-Going
In 1997, California Code of Regulations (CCR) Title 14 and 23 for the Solid Waste Facilities Permit, were modified
into CCR Title 27. KCL complies with all Minimum Standards for Solid Waste Handling and Disposal. The LEA has
local enforcement authority over KCL and conducts monthly inspections of the landfill site to ensure compliance
with the Minimum Standards for Solid Waste Handling and Disposal. See Condition 3.10.
H:\Keller Canyon Landfill\Copy of Exhibit F-COA Compliance Table1JS Page 2 of 74
Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
3.4
Land Use Permits. The Landfill developer and operator shall at all times comply with the
provisions and requirements of this Land Use Permit. A violation of any of these
conditions is cause for revocation of the Land Use Permit.
In
Compliance.
On-Going
Landfill owner/operator is in compliance with the vast majority of LUP conditions of approval currently in effect.
This table reflects DCD staff's assessment of landfill operator's current status of compliance for each LUP Condition
of Approval.
3.5
Solid Waste Facilities Permit. The Landfill operator shall conform with all provisions and
requirements of the Landfill's Solid Waste Facilities Permit, which is based on the
guidelines of the California Integrated Waste Management Board.
In
Compliance.
On-Going
The landfill operator submitted a Report of Disposal Site Information (RDSI) and formal application for a Solid Waste
Facility Permit (SWFP) on 1/3/1992 (see letter from S. Gordon (KCLC) to C. Nicholson (HSD), dated 1/3/1992. SWFP
07-AA-0032 was issued April 29, 1992, and is reviewed every five years, The last revision was on December 14,
2009. The LEA conducts monthly inspections. The last violation noted in the inspection reports completed by the
LEA was for “Reporting and Control of Excessive Gas Concentrations” in July 2011. Also see Condition 3.10.
3.6
Subchapter 15. The Landfill operator shall at all times comply with the provisions and
requirements of Subchapter 15 of Chapter 3 of Title 23 of the California Administrative
Code ("Subchapter 15") for a Class II waste disposal facility.
In
Compliance.
On-Going
In 1997,California Code of Regulations (CCR)Title 14 and 23 for the Solid Waste Facilities Permit,were modified
into CCR Title 27.Title 27 allows for preparation of a Joint Technical Document (JTD)to include the Report of
Disposal Site Information (RDSI),Report on Waste Discharge,Preliminary Closure Plan,and Postclosure
Maintenance Plan. These documents formerly were submitted seperately.
3.7
Other Regulatory Agencies' Requirements. The Landfill operator shall at all times comply
with the provisions and requirements of other regulatory agencies having jurisdiction
over the facility.
In
Compliance.
On-Going
The landfill operator has generally been in compliance with all facility permits. There is no history or evidence of on-
going non-compliance with other permits of other agencies with regulatory jurisdiction over landfill design and
operations.
3.8
Utilities, Service Districts, and Government Agencies' Requirements. The Landfill
developer or operator shall at all times comply with the regulations and requirements of
utilities, districts, or agencies which have jurisdiction over the installation of
improvements or provide services to the landfill.
In
Compliance.
On-Going
Operator is in compliance with all facility permits. There is no history or evidence of non-compliance with other
permits of other agencies with regulatory jurisdiction over landfill design and operations.
3.9
Notice Coordination. Copies (or originals) of all reports to other agencies concerning the
design, operation, and maintenance of the Landfill facility shall be sent by mail or hand-
delivery, to the Community Development Department, 651 Pine Street, 4th Floor North
Wing, Martinez, CA 94553-0095.
In
Compliance.
On-Going
Original compliance with this condition was approved by CDD on 10/15/1991.See Community Development
Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
Copies of all reports concerning landfill design,construction,operation,and maintenance that are submitted to
other agencies are available upon request.Reports submitted to some agencies are available on-line (e.g.RWQCB –
Geotracker).All of the reports submitted to agencies in 2013 have been sent to DCD at the following address:
Contra Costa County- Department of Conservation & Development -30 Muir Road, Martinez, CA 94553
H:\Keller Canyon Landfill\Copy of Exhibit F-COA Compliance Table1JS Page 3 of 74
Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
3.10
Monitoring and Inspection. All monitoring reports and results of inspection or analysis
shall be made available to the County Health Services and Community Development
Departments. Any indication of an emergency or other serious problem relating to public
health and safety shall be reported at once.
In
Compliance.
On-Going
The landfill operator coordinates with both CCEH and DCD in reporting any potential problems relating to public
health and safety. All monitoring and inspection reports are on-file at the Landfill owner/operator's office and
available for review by interested agencies during normal business hours. Inspection reports produced by County
Environmental Health and CalRecycle are posted and available on-line.
Contra Costa Environmental Health operates as the solid waste Local Enforcement Agency (LEA) for the California
Department of Resources Recycling and Recovery (CalRecycle) with the primary responsibility to ensure correct
operation and closure of solid waste facilities in the State of California, including the proper storage and
transportation of solid wastes. The LEA enforces SWFP #07-AA-0032 for Keller Canyon Landfill. Also see comments
in condition of approval 14.2.
3.11
Master Chart. The Landfill operator will maintain for reference a master chart showing
schedules and results of preparation, operation, monitoring and reporting in all major
phases of the facility.
Completed.
On-Going
An initial Master Chart was approved by CDD in 1991. An update of the original development plan for the landfill
prepared in 1991 was necessitated by changes that occurred from landfill operations and site development. A
Conceptual Master Plan for the landfill was submitted to CDD in July 2002. The Master Plan was comprehensive and
addressed important aspects of landfill design and operation. The Master Plan also demonstrated that the original
permitted air space volume of 75 million cubic yards was maintained after landslide repairs and other site
development.
Landfill development sequencing for the remaining lifespan of the landfill was prepared consisting of eight (8)
groupings of phases. The phases within the first two groupings, collectively known as Phases 1 and 2 respectively,
had all been completed by 2002. Currently Phase 3 is being implemented. A revised development plan for the
remaining undeveloped portions of the landfill was presented in Figure 8 of the Master Plan. The revised plan
accounts for mitigation of landslides, stability of containment systems and waste mass, and other design and
operations parameters required to meet regulatory requirements.
Over time, a Master Chart as described in this condition has been superseded by modern computerized project
management systems. Similar information is already conveyed in periodic reports on landfill activities and site
development that are submitted to the County or regional/state agencies (copies available for review during normal
business hours).
See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated
through 10/25/1991.
H:\Keller Canyon Landfill\Copy of Exhibit F-COA Compliance Table1JS Page 4 of 74
Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
4.1
Validity Period. The Landfill developer shall install pre-requisite improvements and open
the Landfill for receiving refuse within three years of the final approval of the project's
Solid Waste Facilities Permit. This validity period shall be tolled while any appeal filed by
parties other than the Landfill developer is pending. The Landfill developer may request
from the Director of Community Development one or more one-year extensions of the
Land Use Permit. If the Land Use Permit is not implemented within the specified time, it
shall become null and void. The Director of Community Development may allow each one-
year extension if the Director finds that there are changed circumstances which warrant
the consideration of changes to the Conditions of Approval.
Completed
The Contra Costa County Board of Supervisors approved LUP 2020-89 on July 24, 1990.
The Solid Waste Facility Permit was issued on April 29, 1992. KCL became operational on May 7, 1992, within the
specified time period of this condition.
4.2
Operative Date. This Land Use Permit is valid upon approval by the Board of Supervisors.
However, it shall not become operative until and unless the permittee (landfill owner,
etc.) first obtains and the Board of Supervisors grants a franchise to or approves an
agreement with permittee (see Section 13, Franchise Agreements).
Completed
The original Franchise Agreement was issued on December 4, 1990. The Franchise Agreement was amended on
September 13, 1994 as the First Amended Landfill Franchise Agreement. Amendment No. 1 to the First Amended
Franchise Agreement was executed on November 1, 1994. Amendment No. 2 to the First Amended Franchise
Agreement was executed on February 27, 1996.
5.1
Area of origin. The area of origin of all waste hauling vehicles admitted to the landfill,
shall be Contra Costa County. The Landfill operator shall not refuse to receive eligible
wastes which originate in Contra Costa County provided such wastes are delivered to the
facility in accordance with these Conditions of Approval and the landfill's Solid Waste
Facilities Permit, and provided that appropriate disposal fees are paid
No Longer
Applicable
Judicial and legislative decisions have since overturned restrictions on disposal in local landfills to protect from too
early filling. Waste origin restrictions were also nullified through the First Amended Franchise Agreement in 1994.
The Board of Supervisors authorized KCL to accept certain special handling wastes (non-hazardous and non-toxic)
originating outside of Contra Costa County pursuant to guidelines for directg haul originally approved by the Board
on 10/27/1992. See report to the Board of Supervisors dated December 7, 1993 and approved on December 14,
1993.
5.2
Out-of-County Wastes. The Landfill operator shall not receive wastes from outside
Contra Costa County unless such imports of waste are specifically approved by the Board
of Supervisors. This condition shall not apply to wastes which may be temporarily
received under the Emergency Use provisions of Condition 6.5 or the Reciprocal Capacity
Agreement of Condition 5.4.
No Longer
Applicable
The prohibition on import of waste from outside the County was rendered No Longer Applicable by U.S. Supreme
Court decisions in June 1992 that reinforced that solid waste is a business commodity subject to federal commerce
clause protection.[2]
5.3
Sub-County Service Area. If there is more than one Class II or Class III landfills operating
in Contra Costa County, the Board of Supervisors may establish sub-County service areas
for each on a temporary or long-term basis. If the Board has established a sub-County
service area for the Landfill, the operator shall not accept waste for disposal from outside
such area.
Not Yet
Required Sub-County service areas have not been established.
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5.4
Reciprocal Capacity Agreement. The Landfill operator shall receive waste from outside
Contra Costa County if in accordance with the terms and conditions of a Reciprocal
Capacity Agreement entered into by Contra Costa County with another county. Waste
shall be received upon reasonable notice to the Landfill operator and the Board of
Supervisors and direction by the Board to the Landfill operator as to the terms and
conditions under which the waste will be received. The Board may specify disposal
charges which are applicable only to the waste received under the Reciprocal Capacity
Agreement.
Not Yet
Required Reciprocal Capacity Agreements with other jurisdictions have not been established..
5.5
Pre-Requisite Curbside Recycling Program. The Landfill shall not admit or dispose of
waste loads from communities which do not have in operation a curbside recycling, or
equivalent, program approved by the Board of Supervisors. Board of Supervisors
approval may be interpreted as a consistency with a Board of Supervisors-approved
Countywide Integrated Waste Management Plan. The Board of Supervisors may
determine the eligibility of a community's program.
Further
Review
Required
The landfill operator accepts waste loads from communities that have commercial and curbside recycling programs
certified by CalRecycle. A recent review by the landfill operator of waste accepted by origin in year 2013 revealed
that of 22 jurisdictions, all except Trinity County (0.22 ton of waste) had certifications in the CalRecycle database for
commercial recyclers and collection companies.
Further research and review is required in order to document the adequacy of the recycling programs from out-of-
county for all areas waste is currently being accepted from (2013 listing attached). Need to institute a pre-
acceptance procedure to ensure verification of curbside recycling occurs prior to loads being accepted from new
area
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 land-fill. The wastes admitted to the landfill shall also be consistent with the Solid
Waste Facilities Permit, administered by the County Health Services Department, and
consistent with the Board of Supervisors' policies and these conditions of approval. To
the extent allowed by law, the Board of Supervisors may direct the Landfill operator not
to accept wastes that do not meet State and County policies and regulations.
In
Compliance.
On-Going
The Landfill operator has unknowingly disposed of ineligible wastes on a few occurrences due to misrepresentation
by the applicable generators(see Condition 6.4). Signage is posted at the gate and scale house outlining all
prohibited material.
Any instances where ineligible wastes were identified after acceptance were addressed in a timely manner as
required by the applicable regulatory authorities.
6.2
Designated Wastes. The Landfill operator shall allow only those designated wastes (as
defined by Section 2522 of Article 2 of Subchapter 15, of Title 23, of the California
Administrative Code) approved for this facility by the San Francisco Regional Water
Quality Control Board, and shall be consistent with the Solid Waste Facilities Permit to be
admitted for disposal. The Board of Supervisors may designate special rates for this
waste.
In
Compliance.
On-Going
Facility is in compliance with regulations in Title 27 of the CCR and conditions related designated wastes. On
December 14, 1993, the Board of Supervisors authorized KCL to accept certain designated wastes (special handling
wastes, that are non-hazardous and non-toxic) originating outside of Contra Costa County, subject to specific
conditions related to volume limitations, rates, waste inspection, and laboratory testing among others. See
Recommendation from Val Alexeeff, GMEDA Director, to the Board of Supervisors dated December 7, 1993. The
Board approved as recommended on December 14, 1993. Many of these designated wastes have since been
incorporated into the SWFP as described in Condition 6.1 Eligible Wastes above.
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6.3 Infectious Wastes. The Landfill operator shall accept only those infectious wastes
identified in, and disposed of in accordance with the Solid Waste Facilities Permit.
In
Compliance.
On-Going
All potentially infectious waste are disposed of in accordance with Section 14 Prohibitions of the SWFP.
6.4
Ineligible Wastes. The Landfill operator shall not allow the following wastes to be
disposed at the landfill:
a) Hazardous or toxic wastes.
b) Radioactive wastes.
c) Liquid wastes, other than utility sludges meeting Regional Water Quality Control Board
requirements.
d) Other ineligible wastes specified in the Solid Waste Facili-ties permit administered by
the County Health Services Department.
In
Compliance.
On-Going
All incoming loads are routinely screened in accordance with the most recent Load Check Program (updated in
September 2013) and Condition 17j (Hazardous Waste Screening) of the SWFP. See Condition 6.1 & 7.1. Three
incidents of potential ineligible waste acceptance were recorded at Keller Canyon Landfill which are summarized
below. In all three cases, regulatory agencies were contacted following idenification to bring them up to speed. 1)
Air Products in 10/1997 - aluminum nickel oxide reformer catalyst, resulted in issuance of a Notice of Violation; 2)
Ultramar, Inc. Refinery in 8/2001 - lead support rings, resulted from errors made by generator and landfill so Notice
of Violation issued. Waste was excavated and taken to a Class I and subsequent testing found material was well
below the federal limit; 3) Berkeley Unified School District in 8/2008 - contaiminated soil, due to errors made by
generator, completed excavated and taken to Class I and subsequent testing proved the material was not
hazardous.
6.5
Emergency Use. If the service area of the Landfill is determined to be a sub-area of the
County, the County Health Services Department may allow legal waste originating in areas
of Contra Costa County, other than those stipulated in Section 5, to have access to the
landfill for periods up to 180 days on an emergency basis. The department may grant one
extension for no longer than 180 days. The Board of Supervisors may allow the
emergency use of the landfill to continue for a period up to two years.
Not yet
required Sub-County service areas have not been established.
6.6 Hazardous Waste Screening and Management. See Condition 19.See Section
19 This condition cross-references to another LUP condition.
6.7 Area of Origin Restrictions. See Condition 5.See Section
5 This condition cross-references to another LUP condition.
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7.1
Eligible Vehicles and Loads. The Landfill operator shall screen loads to limit to the extent
practicable the intake of ineligible waste. Prior to receiving waste, the Landfill operator
shall prepare in writing a program for identifying eligible vehicles and screening loads at
the Landfill entrance, random sampling and inspection for ineligible wastes, and checking
loads at the Land-fill disposal area. The Load Inspection program shall include inspection
for hazardous wastes and procedures for their handling and off-site disposal consistent
with the Contra Costa County Hazardous Waste Management Plan. The program shall be
subject to the approval of the County Health Services Department and the County
Community Development Department.
B-53
In
Compliance.
On-Going
The original Load Check Program was approved in 1992 by the Health Services Department and CIWMB as part of
the RDSI pursuant to issuance of the SWFP. The current Load Check Program was updated in September 2013,
[DCD has not reviewed/approved this version it needs to be submitted to DCD and LEA right away] and contains
policies and procedures for screening and checking of all incoming loads. Condition 17j (Hazardous Waste
Screening) of the SWFP specifies procedures for hazardous waste inspection. Landfill personnel are trained in the
implementation of identifying non-eligible vehicles and ineligible waste. Ineligible hazardous waste materials are
not accepted at the landfill per conditions in this LUP and the SWFP.
The load checking program was developed to conform with the requirements of 27 CCR, Section 20870, and the
WDRs [Wastes and Their Classification (Part 11)] for KCL. The load checking program is designed to identify and
remove hazardous and prohibited wastes from the municipal waste stream coming to the landfill. Incoming wastes
are identified based on visual inspection, questioning by staff, physical assessment, and waste characterization
analysis. If an incoming load is suspected of containing ineligible waste, based on the visual inspection, the hauler
will be questioned by staff about the contents of the load. If there is still a question about the acceptability of the
waste, the hauler will not be permitted to unload the waste.
See Health Services Department Memo from C. Nicholson to C. Zahn (CDD) dated 3/10/1992.
See Condition 19.4.
7.2
Load Covering. The Landfill operator shall spot check all incoming waste-hauling vehicles
for proper covering or containerization. The operator shall not admit waste loads which
are susceptible to littering or leakage because of the lack of covering, inadequate
covering, or disrepair of screens or containers.
In
Compliance.
On-Going
Every incoming load is inspected to ensure all waste-hauling vehicles are covered; waste loads are screened for
excessive littering and inadequate covering. Transfer vehicles with inadequate screens or containers are repaired as
they are identified. Republic’s trucks should have phone number for others to call if litter is observed so corrective
actions are taken in a timely manner (like “How’s my driving”) Also see Condition 25.3.
On May 14, 1991, the Board of Supervisors amended County Ordinance Code 91-26 (Requirements for Vehicles
Transporting Refuse) to require all waste-carrying vehicles transporting refuse to solid waste facilities in the County
to have their loads covered. On September 9, 1991 the Board of Supervisors approved additional recommendations
that included but was not limited to requiring CDD to include off-site litter policing in new permits for waste
disposal and processing facilities; and directed County staff to work with the Sheriff's Department and California
Highway Patrol to assure enforcement of covered load and anti-littering requirements.
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8.1
Eligible Vehicles.The Landfill operator shall admit only the following refuse transport
vehicles:
a)Transfer station trucks (vans)from a transfer station located in Contra Costa County.
Transfer stations shall have a Waste Management Program,which includes hazardous
waste screening and resource recovery operations, approved by the Board of Supervisors.
b)Demolition and construction material trucks originating in Contra Costa County.If the
Board of Supervisors has established waste reduction goals for the businesses and
indusries generating such wastes, the generators shall comply with such goals.
c)Incinerated sewage sludge-hauling trucks originating at utilities located in Contra Costa
County, or other utilities serving Contra Costa County.
d)Sewage and water treatment plant sludge trucks originating in Contra Costa County,
with loads complying with San Francisco Regional Water Quality Control Boards solids-to-
liquid requirements.
e)Trucks hauling Designated Wastes approved for this landfill by the Regional Water
Quality Control Board. The wastes shall originate in Contra Costa County.
f)Other specialized waste transport trucks,hauling wastes originating in Contra Costa
County and identified in the Landfill's Solid Waste Facilities Permit.
B-41
In
Compliance.
On-Going
Only eligible vehicles, as outlined in this condition and/or the operating permits, are allowed admittance into the
Keller Canyon Landfill. In-county waste origin requirements of this condition are unenforceable as a result of U.S.
Supreme Court decisions in June 1992 (see also the First Amended Franchise Agreement in 1994). See Condition
5.1.
8.2 Service Area Restriction. See Section 5.See Section
5 This condition cross-references to another LUP condition.
8.3 Emergency Exemption. See Section 6.5.See 6.5 This condition cross-references to another LUP condition.
8.4 Reciprocal Use Exemption. See Condition 5.4 See 5.4 This condition cross-references to another LUP condition.
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9.1
Hours of Operation. The Landfill operator shall not open the landfill to receive waste
loads before 7:00 a.m. or after 7:30 p.m. Refuse shall be covered by 7:30 p.m. at which
time working lights shall be extinguished. Entry and security lights shall be dimmed at
7:30 p.m. Other hours of operation, within those parameters, may be specified by the
County Health Services Department in the Landfill's Solid Waste Facilities Permit. Special
loads may be received at other times in accordance with procedures established by the
County Health Services Department.
The Director of Community Development may administratively shorten or extend the
hours of operations prescribed above after consultation with the Landfill operator, the
County Health Services Department, and the Local Advisory Committee, after holding a
public hearing to obtain the comments of other interested parties. To shorten the hours
of operation, the Director of Community Development shall find that the changes are
needed to mitigate substantial noise, traffic, or similar impacts arising from the operation
of the Landfill which were not known when this Land Use Permit was adopted. To extend
the hours of operation, the Director of Community Development shall find that longer
hours will not cause traffic, noise, glare, or similar impacts of Landfill operations to
substantially increase in the vicinity of the Landfill.
In
Compliance.
On-Going
Hours of operation and control of on-site lighting are complied with as specified in this condition. There have been
no shortening of hours due to unforeseen impacts arising after the LUP was issued. No waste is accepted after 7:00
P.M. The required daily cover is completed by 7:30 P.M. All stationary lights are extinguished by 7:30 P.M.
9.2 Operating Days. The landfill shall remain open for operation six days a week. It shall
close on Sundays.
In
Compliance.
On-Going
The facility is open six days a week and closed on Sundays as specified in this LUP condition; Specification 5b. of the
SWFP; and Condition #17309 part 1 of the Major Facility Review permit issued by the BAAQMD.
9.3
Maximum Daily Tonnage. The landfill may accept for disposal a maximum of 3,500 tons
of refuse per day through the year 2005. The Board of Supervisors shall review and
revise, if necessary, the maximum allowable tonnages per day, prior to the year 2005. If
the Board establishes sub-County service areas, maximum tonnages for each landfill shall
be prorated to reflect their service areas. The Board may increase the maximum daily
tonnages, if necessary, to reflect Reciprocal Capacity Agreements or emergency
measures.
In
Compliance.
On-Going
KCL is in compliance with the maximum daily tonnage limit of 3,500 specified in this LUP condition; Section 5c and
Condition 17m of the SWFP; and Condition #17309 part 2(a) of the Major Facility Review permit issued by the
BAAQMD. Tonnage records are submitted to County DCD and CCEH and are available for review. Sub-County
services areas have not been established.
9.4
Minimum Buffer Zone. The Landfill developer shall reserve a minimum buffer of 2,000
feet from the closest place of permanent waste placement to the closest existing
residence on Jacqueline Drive.
In
Compliance.
On-Going
The Minimum Buffer Zone of 2,000 feet was established and is maintained per this condition.
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9.5 Special Buffer Area. No residential housing shall be permitted at any time in the special
buffer area. See Condition 23.2.
In
Compliance.
On-Going
The Special Buffer Area continues to be under Williamson Act contract (Contra Costa County, 2008) and is zoned
A‑4, Agricultural Preserve.
No residential housing has been constructed in the Special Buffer Area. Application submitted for oil and gas well
permit to drill a well in the Special Buffer Area (094-360-010) in June 2003.
9.6
Dedication of Special Buffer Area. At the time of the submission of the landfill's
Development and Improvement Plan, pursuant to Government Code Section 7050, the
landfill owner shall offer to dedicate the fee title of the land within the Special Buffer Area
to the County of Contra Costa for recordation. The County may accept the fee title and
complete the dedication subsequent to the opening of the landfill for the disposal of
waste. In making the offer of dedication the Landfill owner may reserve the rights to
carry out mitigation programs required by these Land Use Permit Conditions of Approval,
and as may be further detailed in implementation plans required to be prepared by these
Conditions within the Special Buffer Area.
The Landfill operator may perform grading and make installations, such as drainage
ditches within the Special Buffer Area related to the landfill facility, provided that the
grading and installations are consistent with the approved final Development and
Improvements Plan and do not impair the capability of the Area to accommodate
agricultural grazing and provide habitat mitigation consistent with these Conditions of
Approval. Similarly, the Landfill operator shall be allowed to carry out closure and post-
closure activities related to the landfill or the Special Buffer Area provided that such
activities are consistent with a County-approved closure plan and with the uses of the
land allowed by these Conditions of Approval.
The County may require the Landfill operator to maintain the Special Buffer Area,
subsequent to dedication, at the operator's expense. Maintenance shall include security,
weed control, erosion control and the provision of fire trails.
Completed
The landfill operator submitted a letter to the County Board of Supervisors with an Offer to Dedicate on October 23,
1991. The County Board of Supervisors formally accepted the dedication offer in the form of a Board Order
"Acceptance of Development Rights for Special Buffer Area, Keller Canyon Landfill" recorded on November 19,
1996.
No waste disposal has occurred in the Special Buffer Area. Limited site development has occurred consistent with
Attachment B Dedication of Development Rights of the Board Order and Report of Disposal Site Information and
Final Development and Improvements Plan. This site development has not impaired the Special Buffer Area's
capability to accommodate grazing or habitat mitigation. The Dedication of the Special Buffer Area reserves the
rights of the landfill owner to carry out mitigation programs required by LUP conditions and/or other permits.
Offer letter substantiated by CDD on 10/23/1991. See Community Development Department Memo, V. Conklin to
C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
10.1
Volume Estimation. The Landfill operator shall submit topographic maps of the landfill
and a report of capacity absorption and fill rates to the Community Development
Department every two years on the anniversary date of the landfill's opening. The
Landfill operator shall also submit an initial topographic map prior to receiving wastes.
In
Compliance.
On-Going
Topographic maps, color aerial photos, and capacity absorption are completed annually and are available for review
by interested agencies during normal business hours. Aerial surveys are required under Condition 17r of the SWFP
which is enforced LEA. DCD receives landfill capacity and estimated volume of waste in place on an annual basis
which is used to satisfy an annual reporting requirement enforced by the State.
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10.2
Scales. The Landfill developer shall install certified scale(s) at the landfill to weigh
incoming and outgoing trucks. A weighing program, subject to approval by the County
Department of Health Services and Director of Weights and Measures, shall be
implemented to monitor incoming wastes.
In
Compliance.
On-Going
Certified scales were installed prior to commencement of landfill operations See County Certificate of Inspection
dated 4/23/1992.
The weighing program was approved by the Health Services Department prior to perations (see Memo from C.
Nicholson to C. Zahn, CDD dated 3/10/1992).
10.3
Waste Characterization. The Landfill operator shall participate with transfer station
operators serving the landfill in a program to characterize incoming wastes by type,
amount, and originating community and perform detailed load inspections on vehicles
according to a program specified by the County Community Development Department
and County Health Services Department. Reports shall be submitted to the County on a
quarterly basis.
In
Compliance.
On-Going
The facility coordinates with transfer station operators on waste characterization as required by the County and the
State’s Disposal Reporting System regulations. Waste characterization reports are prepared quarterly and
submitted to DCD as required under this condition. A new Condition 8.7 is proposed to be added which addresses
reporting for waste not processed through transfer stations.
11.1
Permit Review. The Board of Supervisors will hold annual public hearings to review the
Conditions of Approval for this Land Use Permit for three years beginning one year after
the commencement of operations of the Landfill. The Board may refer proposed changes
to the Land Use Permit to the County Planning Commission for processing. Thereafter,
the County Planning Commission shall hold public hearings on the Land Use Permit at
three-year intervals. As a result of a review and public hearing, the County Planning
Commission may recommend to the Board of Supervisors new or modified conditions to
improve the public health, safety, and welfare. Nothing in this condition shall preclude
the Landfill owner from applying for amendments to the Land Use Permit at any time or
preclude the County from addressing emergency situations or new requirements imposed
by State or Federal legislation or the courts.
In process
In June 1995, the County Board of Supervisors approved Permit Review Criteria for Keller’s Land Use Permit. Review
of the County Land Use Permit LP89-2020 is currently underway and expected to be the subject of a hearing before
the County Planning Commission in October 2014. under progress. Operator applied for LUP Amendment in 2008
which is in process. . DCD is currently reviewing the ubsequent EIR
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11.2
Local Advisory Committee.The Community Development Department shall organize,and
the Landfill developer shall participate in a local advisory committee,consisting of elected
representatives of local residents and neighborhood associations,to comment and advise
on the development of the landfill and its operations.The Board of Supervisors may
sanction the Local Advisory Committee as an official County committee.The committee
shall be established as soon as reasonably possible after the Board of Supervisors'
approval of this Land Use Permit,if such approval is forthcoming.Meetings shall be
initiated following the approval of a Land Use Permit and shall be held at least quarterly
through the first two years of landfill operation.Subsequently,meetings may be held
annually,but with the provision for meetings on call by the chair or the written request of
3 or more members.The County Health Services Department shall be notified at least 10
days in advance of all meetings.Subjects for consideration at meetings will include,but
shall not be limited to safety and emergency procedures,landfill fill-related traffic
problems,screening of visual impacts and problems of litter,odor,and noise control.
Meeting agenda also may include discussion of reports on the landfill construction,
operation and maintenance.The Landfill operator shall provide reasonable access to the
landfill arranged through the Community Development Department.A surcharge on the
tipping fee may be used to fund the advisory group's operations.
Completed
Currently inactive due to action taken by the County Board of Supervisors on 1/25/1995. The last meeting took
place on February 28, 1995. Landfill personnel periodically conduct site tours of the facility for the local community
and make presentations to the Bay Point Municipal Advisory Council upon request.
11.3
Insurance and/or Bonding. The applicant shall provide the insurance and bonds specified
by the units of government having approval authority over the project. Subjects will
include, but not be limited to, continuity of landfill operation, non-compliance,
emergency measures, construction performance, landscaping and closure.
In
Compliance.
On-Going
The filing was substantiated by CDD on 10/25/1991. See Community Development Department Memo, V. Conklin to
C. Zahn, dated 10/15/1991, and as updated through 10/25/1991. Insurance requirements are specified in Article 12
of the First Amended Landfill Franchise Agreement approved by the County in 1994. See also Condition 25.10.
The only agency that required a bond at project approval was the Regional Water Quality Control Board. A
Mitigation Bond of $500,000 (Bond No. 98370) was filed by KCLC with the Regional Board. Landfill facility Insurances
and bonds are updated annually according to inflation rates set by CalRecycle. Bonds are updated for closure, post-
closure, and corrective action.
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11.4
Notification Program. The Landfill operator shall prepare and implement a program to
notify potential users of the landfill of its opening and closing times, and the conditions of
its use, including waste reduction and recycling requirements, site access regulations, and
a detailed list of prohibited hazardous wastes and alternative disposal options. The
program should be prepared in conjunction with the operator(s) of the transfer station(s)
serving the landfill. It shall be approved by the County Community Development
Department.
Completed.
On-Going
Notification requirements of this condition are included in sales, customer service, and special waste service
agreement business contracts with users and potential users of the landfill. Signage of operating hours and
conditions, conditions of use, and other requirements are posted at the facility entrance. Additionally, the back of
every ticket issued to customers at the gate specifies unacceptable waste, and the actions that can be taken by the
landfill operator at its sole discretion in the event a customer attempts to deliver unacceptable waste. The
applicable waste reduction and recycling requirements can be found in Condition 5.5 and proposed new Condition
8.6.
11.5
Development Coordinator. The Landfill owner shall provide a fund to support a County
Landfill Development Coordinator, if the County establishes the position, through the
period of construction and landfill operations. The Coordinator shall be a staff member
or a consultant. The owner shall make quarterly advance payments.
The Landfill developer and operator shall provide such information as the Development
Coordinator may require to review plans and installations under the purview of the
County, except that any requirements for additional studies shall be subject to the
approval of the County's Director of Community Development.
In
Compliance.
On-Going
The Board of Supervisors approved initial consultant contract with Brown & Caldwell for Development Coordinator
on September 3, 1992 for Phase 1B; & Geotechnical Coordinator (COA 16.4).The landfill operator reimburses the
County for staff costs to review landfill plans, installations, and operations related to this LUP pursuant to
Condition 11.6.
11.6
Compliance and Mitigation Monitoring Program. The Landfill operator shall provide a
fund to support County staff monitoring of compliance with Conditions of Approval and
mitigation monitoring programs, as designed and implemented by the County Community
Development and Health Services Departments.
In
Compliance.
On-Going
Landfill owner provides funds to support County staff of the DCD and CCEH as required by this condition of
approval.
11.7
Pre-Annexation Notification. If the Landfill owner decides to request annexation of the
Landfill to a city, the owner shall notify the Board of Supervisors at least 180 days in
advance of filing any application for such annexation. The Board may require the Landfill
owner to consult with it or County staff to determine how solid waste management
programs specified in these Conditions of Approval would be carried out subsequent to
annexation. In no case shall the annexation relieve the Landfill operator of the financial
responsibilities, including payment to the County of mitigation fees, specified in these
Conditions.
Not Yet
Required Landfill owner has not requested annexation of the landfill property to a city.
11.8
Fee and Surcharge Identification. The Landfill operator (permittee) shall not identify the
costs of public agency (County, etc.) fees, charges, or surcharges on bills and receipts
issued to landfill users without first obtaining the specific written approval of the County.
In
Compliance.
On-Going
This Landfill owner is in compliance with this condition. No costs of public agency (County, etc.) fees are identified
on customer invoices.
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Status Comments
11.9 Interpretation of Conditions. The Community Development Department Director is
authorized to interpret these Conditions in the event that any clarification is needed. Informational Condition Acknowledged.
11.10
Conditions of Approval Nos. 4.2 and 13.4 require a franchise or agreement to be
established by this County. All of these Conditions of Approval shall be subordinate to the
terms of said franchise or agreement, and the terms of said franchise or agreement shall
control in the case of any conflict. There shall be no need to amend these Conditions of
Approval in the event of such a conflict.
Completed
Original Franchise Agreement was issued on December 4, 1990. The Franchise Agreement was amended on
September 13,1994 as the First Amended Landfill Franchise Agreement. Amendment No. 1 to the First Amended
Franchise Agreement was executed on November 1, 1994. Amendment No. 2 to the First Amended Franchise
Agreement was executed on February 27, 1996.
11.11
Several of these Conditions of Approval relate, paraphrase or summarize laws and
regulations which are imposed and enforced by other governmental agencies which have
jurisdiction over particular aspects of this project. It is this Board's intent in adopting
these Conditions of Approval to provide the applicant and the public with an overview of
the scope of regulation applicable to this project and to provide this County with
enforcement power if such laws and regulations enforced by other agencies are violated.
Unless specifically stated in the Conditions of Approval, however, it is not this Board's
intent to establish rules or regulations which are stricter than the laws or regulations
which are applied to this project by the other agencies with jurisdiction over aspects of
this project. If another agency primarily responsible for some aspect of this project finds
that any action or inaction is in compliance with, or violates, any such law or regulation,
that finding shall be conclusive. If these Conditions of Approval require some approval by
any other agency and that agency declines to approve or disapprove the subject matter,
such approval shall be deemed to have been given for purposes of these Conditions of
Approval.
Informational Condition Acknowledged. The Department of Conservation and Development is not aware of any approval Keller
has sought which was denied by a regulatory agency.
11.12
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.
Informational Condition Acknowledged.
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11.13
In any instance where a Condition of Approval provides that this Board will decide or act
upon a certain matter, this Board may delegate the initial decision making or action with
respect to that matter to the Director of Community Development or such other designee
as this Board determines to be appropriate, provided that there shall be a right of appeal
to this Board from any decision to the Director of Community Development or other
designee.
Informational Condition Acknowledged.
12.1
Rate Approval. The Board of Supervisors shall approve all rates charged by the landfill
operator at the landfill. The rates established by the Board will be not only maximum
rates but also minimum rates.
No Longer
Applicable
Applicable conditions and provisions of rate review and approval are implemented through the Franchise
Agreement. See Condition 11.10.
12.2
Rate Review. The Board of Supervisors shall review and approve rates annually in
accordance with an approved rate application procedure. More frequent review of rates
may occur if requested by the landfill operator and if the Board determines that changing
circumstances warrant such review. The Board may also review rates more frequently if
the Board determines that it is in the public interest to do so.
No Longer
Applicable
Applicable conditions and provisions of rate review and approval are implemented through the Franchise
Agreement. See Condition 11.10.
12.3
Form and Content of Rate Review Application. The landfill operator shall submit its rate
application in a form and content as specified by the County. Such application may
require the landfill operator to submit the application on forms and/or using computer
software provided by or specified by the County. The County shall have the right to
inspect and audit all records of the landfill operators which support its rate review
application.
No Longer
Applicable
Applicable conditions and provisions of rate review and approval are implemented through the Franchise
Agreement. See Condition 11.10.
12.4
Rate Application Guidelines. The rate application shall be designed to ensure
reconciliation of rates with audited company financial statements; detailed year-to-year
cost comparisons; documented guidelines for allowable expense categories, accounting
methodologies, allowable management costs and other cost elements; unit usage and
unit cost data on major expense items; calculation and reporting of company productivity
statistics by cost category; and full documentation of assumptions and source materials.
The rate application process shall also provide for comparative rate surveys with other
similar operations.
No Longer
Applicable
Applicable conditions and provisions of rate review and approval are implemented through the Franchise
Agreement. See Condition 11.10.
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12.5
Financial Statement. The landfill operator shall maintain full and complete accounting
records in conformity with generally accepted accounting principals applied on a
consistent basis. A financial statement for the proceeding fiscal year, in such form and
providing such information as the Board may require, shall be submitted with each rate
review application. The financial statement shall be prepared and certified by a Certified
Public Accountant currently licensed to practice in the State of California. The County,
through a Certified Public Accountant appointed by the County for that purpose, shall at
all reasonable times have the right to inspect and audit the records of the landfill
operator that supports the financial statements. The County reserves the right to
determine which records are relevant.
No Longer
Applicable
Applicable conditions and provisions of rate review and approval are implemented through the Franchise
Agreement. See Condition 11.10.
12.6
Scope of Rates. The Board of Supervisors may require that the landfill operator include in
its rates collection for purposes other than disposal including but not limited to, charges
for funding of inspections, charges relating to origin of waste such as out-of-county waste,
franchise or agreement fees, closure and postclosure maintenance of other landfills, solid
waste management programs such as general litter pick-up, abandoned vehicle removal,
solid waste planning, and any other conditions of approval.
No Longer
Applicable
Applicable conditions and provisions of rate review and approval are implemented through the Franchise
Agreement. See Condition 11.10.
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.
Completed.
On-Going
The original Franchise Agreement was issued on December 4, 1990. The Franchise Agreement was amended on
September 13,1994 as the First Amended Landfill Franchise Agreement. Amendment No. 1 to the First Amended
Franchise Agreement was executed on November 1, 1994. Amendment No. 2 to the First Amended Franchise
Agreement was executed on February 27, 1996.
13.2
Assignment. The landfill operator and the landfill owners shall not assign or subcontract
the franchise or agreement, any part of the franchise or agreement or any obligation of
the franchise or agreement without written prior consent of the Board of Supervisors.
The term "assignment" shall include any dissolution, merger, consolidation or
reorganization of the 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.
Completed.
On-Going Condition Acknowledged.
13.3
Contents. The franchise or agreement may contain such provisions as the Board deems
necessary, including but not limited to complete indemnification of the County, liability
insurance by type and amount, performance bond by type and amount, rights of the
County to acquire ownership of the landfill, funding for mitigation and reimbursement of
County costs, funding for closure or post-closure costs, franchise or agreement fee fees)
rate review and approval procedure and determination of and consequences of breaches
of the franchise.
Completed.
On-Going
The original Franchise Agreement was issued on December 4, 1990. The Franchise Agreement was amended on
September 13,1994 as the First Amended Landfill Franchise Agreement. Amendment No. 1 to the First Amended
Franchise Agreement was executed on November 1, 1994. Amendment No. 2 to the First Amended Franchise
Agreement was executed on February 27, 1996.
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13.4
Requirement. Permitee shall not establish, operate or carry on the business of a solid
waste facility pursuant to this permit unless and until it has been first granted a franchise
(or entered an agreement with the Board of Supervisors).
Completed.
On-Going
The original Franchise Agreement was issued on December 4, 1990. The Franchise Agreement was amended on
September 13,1994 as the First Amended Landfill Franchise Agreement. Amendment No. 1 to the First Amended
Franchise Agreement was executed on November 1, 1994. Amendment No. 2 to the First Amended Franchise
Agreement was executed on February 27, 1996.
13.5
County Discretion. Notwithstanding any other provision of this Permit, Permittee
acknowledges that the County's discretion to grant or deny one or more said exclusive,
non-exclusive or otherwise franchises or similar agreements is not limited or abridged in
any manner by this Permit; and that this Permit does not require the approval of any such
franchise or agreement. County reserves the right as part of the negotiation and entry of
any such franchise or agreement to enter a public-private partnership with the Permitee
for the project and/or to pursue the rights of the County to acquire ownership of the
Landfill.
Completed.
On-Going Condition Acknowledged.
14.1
Initial Development and Improvements Plan. The Initial Development and Improvements
Plan approved by this Land Use Permit, and modified by these Conditions of Approval,
shall consist of the following schematic plans included in the applicant's January 31, 1989
entitlement application, the Keller Canyon Landfill Comprehensive Project Description
(February 1989) and addendum (December 1989), and the 3-volume Site Characterization
Report (September 1989).
a) Grading/Excavation Plans with fill limits for each phase.
b) Layout for Groundwater Collection System.
c) Liner System Cross-section and Installation Sequence.
d) Leachate Collection System Layout Plan.
e) Gas Collection Layout Plans for each phase.
f) Surface Water Drainage Plan.
g) Facilities Site Plan for Operations and Maintenance.
h) Leachate, Landfill, Gas and Water Storage Facility.
i) Landfill Access Road Plans Profiles, Typical Section.
j) Bailey Road Plan and Typical Section.
k) Landscape Facilities Site Plan for Operations and Mainte-nance.
l) Landscape Plan for Leachate, Landfill Gas and Water Storage Facilities.
m) Landscape Plan.
Completed.
On-Going
All plan elements outlined in this condition of approval for the Initial Development and Improvements Plan were
submitted and subsequently completed in final form in the Final Development and Improvements Plan (FDIP).
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14.2
Regulatory Agency Approvals.Subsequent to the approval of this Land Use Permit,the
Landfill Developer shall obtain approvals from the regulatory agencies having jurisdiction
over the project,and obtain their detailed requirements for building,serving,and
operating the Landfill. The approvals shall include, but are not limited to:
a) Waste Discharge Requirements from the Regional Water Quality Control Board.
b)Authority to Construct (and Authority to Operate Requirements)from the Bay Area Air
Quality Management District.
c) Wetland Modification Permit from the Army Corps of Engineers.
d) Streambed Alteration Agreement from the State Department of Fish and Game.
The Landfill developer shall notify the Community Development Department if proposed
or adopted conditions or requirements of regulatory agencies do not appear to be
consistent with this Land Use Permit or the Landfill's Environmental Impact Report.
Completed.
Updated As
Needed
The permits and approvals involved compliance with prevailing State and federal regulations and design standards
for a Class II sanitary landfill and represent implementation of many mitigation measures specified in the 1990 Final
EIR. All other project approvals were obtained and updated as follows:
* Solid Waste Facility Permit (SWFP) #07-AA-0032, issued April 29, 1992 by the County Health Services Department,
with concurrence from the former California Integrated Waste Management Board, now the California Department
of Resources Recycling and Recovery (CalRecycle). Last reviewed and modified in 2009;
* Waste Discharge Requirements (WDRs) Orders No. 91-052, 97-060, 98-081, 00-091, 01-240, R2-2003-0063, R2-
2004-0080, issued 3/20/91 by the California Regional Water Quality Control Board, San Francisco Bay Region
(RWQCB). Last amended 2004;
* Title V Permit Major Facility Review Plant No. A4618 last issued June 12, 2014 by the Bay Area Air Quality
Management District (BAAQMD);* Authority to Construct/Permit to Operate Plant No. 4618 reviewed annually by
the BAAQMD;
* National Pollution Discharge Elimination System Permit #2-07S006887 issued September 17,1992 by the U.S.
Environmental Protection Agency;
* Nation-Wide Permit No. 26t, Section 404 of the Clean Water Act, issued June 14, 1991 by the U.S. Army Corps of
Engineers;
* Conditional Certification under the Clean Water Act, Section 401, issued October 3, 1991 by the California
Regional Water Quality Control Board, San Francisco Bay Region;* Streambed Alteration Agreement No. 1461-90 by
the California Department of Fish and Game was signed by the Warden on 8/4/1991 and executed by the Operator
on October 18, 1991. Lawlor Creek (No. 1461-90); Sedimentation basin, drainages, culverts (No. 1462-90); and
wetlands construction (No. 1463-90).
* Industrial Waste Discharge Permit #292150-S last issued 2008 by the Delta-Diablo Sanitation District;
* Cancellation of the Land Conservation Act (Williamson Act) Contract #6-71 on July 24, 1990 and amended on
October 15, 1991 by Contra Costa County.
* Report of Disposal Site Information (RDSI), 1992, pursuant to SWFP 07-AA-0032, as amended.
See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated
through 10/25/1991.
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14.3
Improvements Requirements. Subsequent to the approval of this Land Use Permit, the
Landfill developer shall obtain approvals from the agencies, utilities, and parties having
jurisdiction or control over the on-site and off-site improvements required by this Land
Use Permit or by agencies having regulatory jurisdiction over the project. The Landfill
developer shall notify the Community Development Department if proposed or adopted
Conditions or requirements do not appear to be consistent with this Land Use Permit or
the Landfill's Environmental Impact Report.
Completed.
Updated As
Needed
All approvals were obtained from jurisdictional agencies as described above in Condition 14.2.
The Department of Conservation and Development has not received any notice from the Landfill stating that the
land use conditions appear to be inconsistent with the LUP or Environmental Impact Report.
15.1
Final Development and Improvements Plan. Subsequent to the approval of the Land Use
Permit but prior to the commencement of any construction, the Landfill developer shall
submit a Development and Improvements Plan to the Community Development
Department and obtain the approval of the Director of Community Development. The
Development and Improvements Plan shall be consistent with the project approved by
the Land Use Permit, but prepared to a level of detail appropriate for the review of the
engineering and construction of the project's on-site and off-site improvements. It shall
be internally consistent with the project's Environmental Impact Report findings, these
Conditions of Approval, regulatory agencies and others having discretionary approvals
over the project, and the Solid Waste Facilities Permit issued by the County Health
Services Department. The Community Development Department will coordinate the
review of the plan by the Health Services Department, the Public Works Department, and
other appropriate units of government. The Landfill developer shall comply with all
provisions of the final Developments and Improvements Plan.
The Development and Improvements Plan shall include:
a) Site Development Plan, as described in the following sections
b) A Surface Water Management and Sediment Control Plan, (Section 18).
c) An Agricultural and Habitat Enhancement Plan, (Section 23)
d) A Waste Reduction and Resource Recovery Program, (Section 31)
e) A Landscape (screening) Plan, (Section 22)
f) A Landfill Gas Management/Air Quality Monitoring/Odor Control Plan, Section 20)
g) A Leachate Management Plan, (Section 17)
h) A Site Services and Utilities Plan (Section 30). i) A
Traffic/Circulation Plan, (Section 29).
Completed.
Updated As
Needed
A copy of the FDIP is kept at the KCL and County DCD offices and is available for review during normal business
hours. Some of the documents listed below have been updated by other permits in effect at KCL. The FDIP was
formally submitted on July 23, 1991 to CDD. The FDIP served as the primary basis for facility review. CDD
coordinated reviews of the FDIP with other County department. The landfill operator updated elements of the FDIP
as directed by CDD.
* Landfill (Site) Development Plan included in FDIP, Section 3
* Surface Water Management and Sediment Control Plan included in FDIP, Section 4
* Agricultural and Habitat Enhancement Plan included in FDIP, Section 5
* Waste Reduction and Resource Recovery Plan included in FDIP, Section 6
* Landscape (Screening) Plan included in FDIP, Section 7
* Landfill Gas Management/Air Quality Monitoring/Odor Control Plan included in FDIP, Section 8
* Leachate Management Plan included in FDIP, Section 9
* Site Services and Utilities Plan included in FDIP, Section 10
* Traffic and Circulation Plan included in FDIP, Section 11
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15.2
In approving the Development and Improvements Plan, the Community Development
Department Director may allow the Landfill developer to phase construction of landfill
modules and other features, except where timing is specified in these conditions. The
submittal of the Development and Improvements Plan components may reflect this
phasing.
In
Compliance.
On-Going
The Community Development Department authorized initial phased construction of landfill facilities and modules in
1991. See Community Development Department Memo from C. Zahn to the Board of Supervisors dated
10/25/1991.
16.1 Landfill Slopes Objective. Landfill slopes shall be engineered to provide static and
dynamic (seismic) stability under design criteria for Class II Landfills.
See
Conditions
16.2 - 16.12
All engineering design related to landfill slopes meet design criteria for Class II landfills and are approved by the
RWQCB. The facility is in compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [(e.g.
Specification B.8, (Maintenance of Disposal Area slopes), B.14 (Reports prepared by registered engineers and
geologists).
Letter of authorization from the RWQCB was substantiated by CDD on 10/23/1991.
16.2
Seismic Design. The Landfill, its drainage features and operating components (lifts,
berms, liners, sediment pond, leachate and gas collection systems and major stockpiles)
shall be designed to withstand the Maximum Credible Earthquake (MCE) and a 0.65g
acceleration rate. The Landfill developer shall utilize a MCE (design earthquake) specified
by the County Community Development Department and the San Francisco Regional
Water Quality Control Board. The Landfill developer shall provide substantiation in the
Final Development and Improvements Plan that the Landfill design will withstand the
MCE.
B-7, 8, 15,
23
In
Compliance.
On-Going
The facility is in compliance with seismic design criteria and other measures incorporated into the WDRs (RWQCB
Order 01-040) [(e.g. Specification B.5 (engineered structures to withstand maximum credible earthquake (MCE),
Provision C.5 (submit proposal for slope and seismic analysis) and (slope and seismic analysis for new construction).
WDRs are monitored by the RWQCB.
See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated
through 10/25/1991.
16.3
Landslide Study. The Landfill developer shall employ a licensed geotechnical consultant
to conduct a supplementary study of landslides and slope stability in areas of the site
affected by Landfill and improvements grading. The study shall be performed by a
licensed geotechnical professional. The study shall be subject to the approval of the
County and the San Francisco Regional Water Quality Control Board. The Landfill
developer shall incorporate the results of the study into the site grading program and the
designs of overlying structures, which shall be included in the Development and
Improvements Plan.
B-11, 12 Completed.
On-Going
The original preliminary Landslide Study is included in the FDIP, Appendix G. The facility is in compliance with the
WDRs Section 19.and Title 27 requirements, including Section 21750(f)(5)(A) requiring the discharger to provide
slope stability analyses prior to constructing, ensuring the integrity of the waste management unit under both static
and dynamic conditions throughout the unit's life.
A certified study by a licensed geotechnical professional was substantiated by CDD on 10/25/1991. See Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
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16.4
Geotechnical Inspector. The Landfill operator shall contract with the County, or through
the County, for an independent geotechnical consultant, who shall be selected by and be
responsible to the County. The consultant shall inspect regularly the installation and
condition of liners, leachate control facilities and other installations, identified by the
County, as they are installed. This provision shall remain in force over the life of the
landfill.
B-11, 24
In
Compliance.
On-Going
Design reports for all phases of site development are submitted to the County for review and approval. The
operator was asked to provide funding for the County to contract with a geotechnical consulting firm to assist with
the review of design reports for at least the first five years of phased landfill construction. Professional geotechnical
consultants are involved in all phases of site development as required by WDRs Specification B.14 (Reports
prepared by registered engineers and geologists). Liner installation is routinely inspected during construction of
each new landfill disposal phase in accordance with requirements of this LUP and the WDRs monitored and
enforced by the RWQCB. The County may elect to retain geotechnical expertise in the future at the operator’s
expense pursuant to this Condition.
16.5
Landfill Design Stability. The Landfill developer shall provide a static and dynamic
stability analysis of the final engineering design of the Landfill and its appurtenant
improvements. The stability analysis method and the resulting analysis shall be approved
by the County Community Development Department and the San Francisco Regional
Water Quality Control Board and included in the Final Development and Improvements
Plan.
B-23 Completed.
On-Going
An early study of landfill design stability is included in FDIP, Section 3.3. In 2002, analyses were performed to
evaluate the static and seismic stability of the proposed base grades, the final fill grades and the proposed cover
system under five cases involving different locations proximate to landslides, and under different final fill grades
and cover parameters. The presentation and discussion of these analyses is organized in an internal report by
GeoSyntec, 2002.
In general, stability was evaluated using industry standard methods of slope stability analysis. In areas of the site
where insufficient data is available to utilize limit equilibrium methods, the results of kinematic evaluations
previously performed at the site was used to evaluate stability. The analyses were based on historical data for the
site and are for planning purposes only. In all cases, the analyses should be reviewed and revised, as applicable,
during preparation of final design and construction documents.
All KCL design documents must comply with the WDRs Section 19. Title 27 Requirements, which requires that any
future developments must comply with Section 21750(f)(5)(A), requiring the discharger to provide slope stability
analyses, ensuring the integrity of the waste management unit under both static and dynamic conditions
throughout the unit's life.
See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated
through 10/25/1991.
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16.6
Slope Monitoring. The Landfill operator shall install slope monitoring stakes on landslides
and sensitive slopes which could affect an operating Landfill. The monitoring program
shall be approved by the County Community Development Department.
B-11, 12 Completed.
On-Going
Included in the original Landslide Study in the FDIP, Appendix G. Slope monitoring is conducted consistently to
identify potential problems.
The facility is in compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [(e.g. Specification
B.8, (Maintenance of Disposal Area slopes), B.14 (Reports prepared by registered engineers and geologists),
Provision C.5
See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated
through 10/25/1991.
16.7
Settlement Program. The Landfill developer shall implement a program to prevent fill
settlement and an inspection program to detect and correct settlement problems. The
developer shall compact the refuse and cover materials to maximum strength and design
and maintain the necessary slope gradient to ensure proper surface water drainage. A
network of settlement platforms shall be installed to monitor fill settlement at critical
points. The station specifications and locations shall be included in the Improvements
and Development Plan. The Settlement program shall be subject to the approval of the
County Community Development Department and the San Francisco Regional Water
Quality Control Board.
Completed.
On-Going
Included in FDIP, Section 3.4. Landfill settlement is also addressed in the Draft JTD. Compaction of waste and cover
is performed in compliance with State requirements and Condition 17k(c) of the SWFP.
The facility is in compliance with seismic design criteria and other measures incorporated into the WDRs (RWQCB
Order 01-040) [(e.g. Specification B.5 (engineered structures to withstand maximum credible earthquake (MCE),
Provision C.5 (submit proposal for slope and seismic analysis) and (slope and seismic analysis for new construction).
WDRs are monitored by the RWQCB.
See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated
through 10/25/1991.
16.8
Post-Earthquake Program. The Landfill operator shall prepare and implement an
emergency program for inspecting the Landfill facility, dealing with failures and providing
refuse handling for implementation following a substantial earthquake. The program
shall be subject to the approval of the County Community Development Department and
the County Health Services Department
Completed.
On-Going
A Post-Earthquake Program is included in RDSI, JTD, 1998, Appendix Z, and was submitted to the RWQCB in
compliance with Provision C.3 of the WDRs in Order No. 91-052.
See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated
through 10/25/1991.
16.9 Settlement Pond Embankment Design. The Landfill developer shall design the settlement
pond to control foundation seepage through the means of a filter or other materials.B-10 Completed
Settlement pond embankment was designed per requirements of the WDRs and approved by the RWQCB. Also see
Community Development Department Letter from H. Bragdon to the Board of Supervisors dated 12/13/1991; and
Building Inspection memo from S. Thung to C. Zahn dated 1/21/1992. The facility is in compliance with measures
incorporated into the WDRs (RWQCB Order 01-040) [e.g. Prohibition A.5 (Detailed construction plans of
containment structures), C.18 (Notification of containment facility failure). WDRs are monitored by the RWQCB.
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16.10
Settlement Pond(s) Monitoring Program. The Landfill operator shall prepare and
implement a failure prevention and warning system, including daily monitoring and visual
inspection, for the sedimentation ponds. The program shall be approved by the County
Community Development Department and shall be included in the Development and
Improvements Plan.
B-6, 9, 16
In
Compliance.
On-Going
Included in FDIP, Section 3.5. Sedimentation ponds and stormwater discharge points are inspected at a minimum
on a weekly basis. Daily inspections have proved unnecessary due to the static nature of the facilities particularly
during the non-rainy season.
The facility is in compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [e.g. Prohibition A.5
(Detailed construction plans of containment structures), C.18 (Notification of containment facility failure). WDRs are
monitored by the RWQCB.
16.11
Stockpile Stability. Commencing with the onset of stockpiling, the Landfill operator shall
continually analyze daily cover material stockpiles for stability to determine allowable
heights and/or slopes. The results shall be available to the County Community
Development Department and the County Health Services Department on demand.
In
Compliance.
On-Going
Stockpiled cover materials are analyzed daily for stability as standard operating procedure and Condition 17k(a) of
the SWFP. Results of stockpile stability analyses are available to the Department of Conservation and Development
and the LEA upon request.
16.12
Unstable Areas. Areas with landslide potential to affect land-fill operations shall be
stabilized through excavation or other methods such as compacting or the construction of
retaining walls. Grading operations shall be performed in a manner which shall not
destabilize slopes.
B-12
In
Compliance.
On-Going
Potential landslide areas have been identified. Stabilization methods are to be determined in the field. Significant
landslide events occurred at the landfill site in 1996 and 1998. All corrective actions were reviewed and approved
by the RWQCB and are the subject of RWQCB Order 01-040 Title 27 Requirements Items 16, 17, and 18.
Measures are incorporated into the facility’s WDRs (RWQCB Order 01-040) [(e.g. Specification B.8, (Maintenance of
Disposal Area slopes), B.14 (Reports prepared by registered engineers and geologists), Provision C.5
17.1
Groundwater Protection Objective. The Landfill shall not impair the beneficial uses of
groundwater on the Landfill site or in its vicinity. The design and monitoring of the
Landfill shall be based upon the assumption of the existence of high permeability
interconnecting cracks and fissures in the underlying strata allowing the potential of
groundwater transmission.
See
Conditions
17.2 - 17.6
Implementation of conditions of approval in LUP Section 17. Groundwater Protection related to landfill site design
and monitoring has maintained beneficial uses of groundwater at the landfill site or surrounding vicinity.
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17.2
Landfill Liner. The Landfill developer shall install a engineered liner system, including a
clay liner and a high-density polyethylene liner, which meets State Class II Landfill
standards. The liner shall be approved by the San Francisco Bay Regional Water Quality
Control Board and its specifications and design shall be included in the Development and
Improvements Plan. The liner shall be designed to withstand the Maximum Credible
Earthquake as specified by the Regional Water quality Control Board. See Section 16.
B-27, 28,
51, 52
In
Compliance.
On-Going
Subtitle D requires operators of municipal solid waste landfills to conform to the design criteria under 40 CFR,
Section 258.40. These criteria require the construction of a composite liner system (or engineered alternative) in
new waste management units, lateral expansions, or areas that contain no refuse within a previously permitted
waste management unit.
The KCL base liner system is designed in accordance with 27 CCR, Section 20330 and WDR 01-040 Specification B.13
requirements for a Class II liner. The base liner components generally consist of (from bottom to top): Prepared
subgrade; A 12-inch underdrain granular layer; A non-woven geotextile filter; A 24-inch thick low-permeability soil
layer (maximum permeability of 1 x 10-7 cm/sec); A 80-mil high density polyethylene (HDPE) liner (double
textured); A non-woven geotextile cushion layer; A 12-inch dendritic LCRS gravel layer; A non-woven geotextile
filter; and A 12-inch thick operations (protective cover soil) layer.
Upon approval by the RWQCB, the 12-inch underdrain granular layer may be deleted in those areas where such an
underdrain is not necessary as an engineered alternative, pursuant to 27 CCR Section 20080(b), to the prescribed 5-
foot separation between wastes and groundwater required by 27 CCR Section 2040(c). Also, upon approval of the
RWQCB a synthetic drainage layer may be substituted as an engineered to the 1-foot thick dendritic LCRS layer.
A system of swales and pipes collects leachate from the LCRS layer, and conveys it via gravity flow to the leachate
storage tanks located northeast of the disposal area. The slope liner system consists of (from bottom to top):
Prepared subgrade; A double-sided underdrain geocomposite (as needed, according to groundwater separation
requirements); A 24-inch thick low permeability soil (maximum permeability of 1 x 10-7 cm/sec); A 80 mil HDPE liner
(double textured);
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17.3
Leachate Collection System. The Landfill developer shall install a leachate collection
system which shall meet State Class II standards. The leachate collection system shall be
approved by the San Francisco Bay Regional Water Quality Control Board, and its
specifications and design shall be included in the Development and Improvements Plan.
Leachate shall be contained by a double liner system consisting of a two-foot thick layer
of clay overlain by a synthetic membrane liner. Enclosed storage tank design for leachate
treatment shall meet hazardous waste storage requirements, which includes a double
liner system with perimeter berms. An emergency connector shall be installed between
the pre- and post-treatment tanks in the event of an overflow situation. A tanker truck
shall be readily available for emergency purposes. Measures shall be taken to limit
leachate formation, such as prompt covering of waste and provision of surface water
drainage away from landfill areas.
B-27, 28,
51, 52
In
Compliance.
On-Going
The facility is in compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [e.g. Prohibition A.9
(leachate discharges), Specification B.4 (LCRS design), B.17 (Leachate sump seismic design), Provisions C.1
(Compliance with Specifications and Provisions of Order), C.3 Groundwater monitoring. WDRs are monitored and
enforced by the RWQCB.
The Leachate Collection and Removal System (LCRS) was designed, constructed, and is operated in accordance with
RWQCB requirements. The leachate collection system was designed to handle twice the maximum daily leachate
generation rate from the facility. Leachate collected in the LCRS flows through the drainage layer to pipes and
subsequently into two 66,000 gallon leachate storage tanks located adjacent to the landfill gas flare station. The
storage tanks are located inside a reinforced concrete secondary containment area set below surrounding grades.
The leachate is disposed by re-injection into the waste mass in accordance with RWQCB requirements. The level of
leachate in the two tanks are observed and recorded daily. During dry months (April to October), leachate is
withdrawn when the tank liquid level is observed at approximately 4-feet or 16,500-gallons. Due to the potential
increase in the volume of leachate from winter rains, the tank levels are kept as low as feasible in the wet months.
See WDRs Specifications 4,9,13, 17, and 18; and Provision 4. See Community Development Department letter from
C. Zahn to B. Olney (KCLC) dated 3/12/1992, which authorized installation of leachate tanks.
17.4
Surface Drainage System. Water collected in the underdrain system beneath the landfill
shall be monitored on a regular basis specified by the San Francisco Regional Water
Quality Control Board. If contaminated, this water shall be treated as leachate. See
Section 18.2.
In
Compliance.
On-Going
The surface drainage system is monitored in accordance with RWQCB WDR detection monitoring requirements
(Monitoring Programs 36. Surface Water) and the facility Self-Monitoring Program Parts A and B. Annual monitoring
reports are filed with the RWQCB and are available for review at the landfill office during normal business hours.
The facility is in compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [e.g. Specification
B.3 (Surface Drainage)].
The most recent 2014 First Semi-Annual Report and 2013 Annual Water Quality Monitoring Report prepared by the
Landfill operator provides results of underdrain monitoring. The presence of volatile organic compounds (VOCs)
was originally investigated in a letter to the RWQCB dated May 6, 1999. The investigation revealed that
contamination in the underdrain, and also in gas from the underdrain pipe, was characterized by chloroflurocarbon
compounds (CFCs) that were different from VOCs detected in leachate or gas from the landfill. The study concluded
that the source of the VOCs probably did not result from a release from the landfill. Since that investigation, KCLC
continues to perform monthly sampling of the underdrain and indicate an apparent decrease in total VOC
concentrations. Decreases may be related to the expansion and start up of the landfill gas collection system at the
landfill.
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17.5
Groundwater Monitoring. The Landfill developer shall install a groundwater monitoring
system and implement a monitoring program, as required by the San Francisco Bay
Regional Water Quality Control Board. The monitoring stations' specifications, locations,
and their frequency of monitoring shall be included in the Development and
Improvements Plan. The proposed monitoring program shall be subject to review by the
County Health Services Department and the County Community Development
Department.
B-18, 26,
31
In
Compliance.
On-Going
The original groundwater monitoring program is included in FDIP, Section 9.3, and Appendix A. All monitoring of
groundwater is performed in accordance with the RWQCB WDR requirements under Monitoring Programs 34.
Groundwater and 35. Leachate. The facility is in compliance with measures for groundwater monitoring into the
WDRs (RWQCB Order 01-040). Also see Section C, Provisions, and California Environmental Quality Act section of
Order, Items 38 through 40).
The groundwater monitoring network at the existing KCL has been designed to provide early detection of a release
from wastes to groundwater. The monitoring systems currently installed were designed and certified by a
registered (geologist or civil) engineer. The boring logs were prepared under the direction of a registered geologist
or civil engineer and have been submitted to the RWQCB.
At the KCL, the groundwater monitoring network currently includes 21 groundwater wells. The landfill’s detection
monitoring program includes sampling of 12 of those wells and the surface spring SFC-0 located downgradient from
the landfill. KCL also performs semi-annual monitoring of the blanket drain underlying the toe berm, and monthly
detection monitoring of the discharge from the underdrain underlying the entire landfill.
In addition to the above, annual background monitoring is conducted at nine wells and one spring in areas
upgradient or cross-gradient of the landfill; Monthly water level monitoring occurs at 15 wells to record the rate of
recovery after sampling activities have been completed (the water levels in four deep wells in the toe berm area are
also measured to monitor the upward gradient in this area); Monthly flow monitoring is conducted at three springs
and at the drain discharge points; and water level monitoring in nine wells and eight piezometers is performed
quarterly.
17.6
Downstream Well Monitoring. The groundwater monitoring program shall include
selected wells down gradient from the site. The wells shall be subject to approval by the
San Francisco Regional Water Quality Control Board and the County Health Services
Department. The Landfill operator shall sample and analyze water from these wells on a
quarterly basis. The location of these wells shall be identified on the Development and
Improvements Plan.
B-28
In
Compliance.
On-Going
A downstream well monitoring program is included in FDIP, Section 9.4, and Appendix A . Also see WDRs Self-
Monitoring Program.
The locations and design of wells were approved by CCEH and the RWQCB. All monitoring of groundwater is
performed in accordance with the RWQCB requirements and the WDRs.
Facility is in compliance with measures for groundwater monitoring incorporated into the WDRs (RWQCB Order 01-
040). See Section C, Provisions, and California Environmental Quality Act section of Order, Items 38 through 40).
Also see Condition 17.5 above.
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17.7
Baseline Water Characterization. The Landfill developer shall conduct a groundwater
characterization study for at least a one-year period following the approval of the Land
Use Permit. The procedures for the study shall be specified by the San Francisco Bay
Water Quality Control Board and the County Health Services Department.
Completed
Included in FDIP, Section 9.3, and FDIP Appendix A Waste Discharge Requirements and 401 Certification, Baseline
characterization was performed in accordance with the WDRs Self-Monitoring Program Section 4C.
Monitoring reports were filed with the RWQCB. There is no record of HSD approval of a baseline characterization
report; however, in other conditions requiring RWQCB approval, HSD deferred to the RWQCB approval and took no
further action.
17.8
Liquid Waste Disposal. The Landfill operator shall comply with the requirements of the
Regional Water Quality Control Board for disposal of de-watered sewage and other
utilities' sludges in the Landfill to prevent excess liquid concentrations. The Landfill
operator shall not accept other liquid wastes.
In
Compliance.
On-Going
The landfill facility is in compliance with RWQCB and SWFP requirements for handling and disposal of sludge
material. The discharge of liquid or semi-solid waste to the landfill (i.e. waste containing less than 50% solids by
weight), other than dewatered sewage or water treatment sludge as described in Section 20220(c) of Title 27, is
prohibited.
17.9
Drainage Grading. The Landfill developer shall grade completed fill areas to convey
surface run-off to ditches at the fill perimeter to limit infiltration into the Landfill. The
grading specifications shall be included in the Development and Improvements Plan.
B-13, 14
In
Compliance.
On-Going
All grading and fill operations are consistent with plans and specifications included in FDIP, Section 9.5. Facility is in
compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [e.g. Specification B.3 (Surface
Drainage)].
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17.10
Leachate Management. The Landfill operator may reapply leachate removed from the
leachate collection sumps to the Landfill for absorption by solid waste, or arrange for its
transportation (pretreated if necessary) to an appropriate treatment and disposal facility.
If leachate is returned to the fill area, it shall be injected under the Landfill's cover rather
than applied over its surface. The return of leachate to the Landfill shall be subject to the
solids-to-liquids ratio restrictions defined by the San Francisco Bay Regional Water Quality
Control Board and the County Health Services Department. If leachate is transported to
an off-site disposal/treatment facility, it shall be pretreated on-site to meet all
requirements of such facility before transport. If leachate build up becomes a problem,
the County Health Services Department may require additional remedial measures, such
as the placement of more soil cover, or the installment of a low-permeabiity earthen or
synthetic cover. The Leachate Management Program shall be included as part of the Site
Design Plan.
B-54, 60
In
Compliance.
On-Going
The Leachate Management Plan is included in the FDIP, Sections 9.1 through 9.8. A Leachate Collection Tank Log
records daily measured levels, gallons in tanks 1 and 2, truck loads and gallons out. Leachate is sampled and
analyzed quarterly. Leachate is disposed by re-injection into the waste mass in accordance with RWQCB
requirements. The level of leachate in two leachate storage tanks are observed and recorded daily. During dry
months (April to October), leachate is withdrawn when the tank liquid level is observed at approximately 4-feet or
16,500-gallons. Due to the potential increase in the volume of leachate from winter rains, the tank levels are kept as
low as feasible in the wet months.
Leachate monitoring and sampling is completed at the existing KCL in compliance with WDR Order No. 01-040.
Future phases at the KCL will be constructed with an integrated LCRS that will be monitored as part of the facility’s
existing WDRs. Quarterly and annual reports of the monitoring results are submitted to the LEA, DTSC, and RWQCB.
Leachate samples obtained are analyzed for the constituents and parameters listed in the site’s WDRs. The quantity
of leachate removed is measured and reported to the RWQCB in gallons per month. Leachate quality also is
monitored based on quarterly sampling and analysis for the parameters listed in Appendix II of 40 CFR Part 258.
Leachate monitoring results are included in the semi-annual Self Monitoring Reports for the landfill. The LCRS is
tested annually to demonstrate operation in conformance with the WDRs. The results of these tests are reported to
the RWQCB and include comparison with earlier tests made under comparable conditions.
The facility is in compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [e.g. Prohibition A.9
(leachate discharges), Specification B.4 (LCRS design), B.17 (Leachate sump seismic design), Provisions C.1
(Compliance with Specifications and Provisions of Order), C.3 Groundwater monitoring. WDRs are monitored and
enforced by the RWQCB.
17.11
Water Balance Calculations. The Landfill operator shall provide water balance
calculations, when requested by the County Health Services Department, to evaluate
intermediate stages of Landfill operation to ensure the maintenance of a proper solids-to-
liquid ratio.
Not Yet
Required Water balance data will be provided upon request by DCD and/or CCEH.
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17.12
Leachate Holding Tanks. Holding tanks for leachate shall be tested to ensure chemical
compatibility to prevent chemical degradation of said tanks. The Landfill developer shall
submit test results to the Regional Water Quality Control Board and the County Health
Services Department, prior to the submission of the Development and Improvements
Plan.
In
Compliance.
On-Going
Tests completed July 22, 1991. The original design and manufacture of leachate holding tanks were in accordance
with RWQCB requirements. In
See Health Services Department memo from M. Schott to C. Zahn (CDD) dated 10/13/1991. Schott stated approval
recommended from RWQCB and that HSD had no further action and deferred to the RWQCB approval.
Landfill operator is in compliance with WDR Monitoring Program Item 35. Leachate is sampled and analyzed
quarterly and reports are submitted to the RWQCB. See Conditions 17.5 and 17.10 above.
17.13
On-Site Water Supply Wells. The Landfill developer shall con-struct the proposed on-site
water supply wells after a hydro-geologic investigation has determined flow direction and
relationship between water bearing strata if any. Water supply wells shall utilize separate
water bearing strata, and shall be sealed to prevent communication between shallow and
deep ground water. The locations and characteristics of water supply wells shall be
described in the Development and Improvements Plan, and shall be subject to County
Health Services Department and San Francisco Regional Water Quality Control Board
approval. Pump tests shall be provided for on-site wells located within 500 feet of any
domestic well to evaluate interference between wells.
Completed.
On-Going
An on-site water supply well was constructed in accordance with County CCEH and RWQCB requirements. Well
design plan is included in FDIP, Section 10.2. Water for operations at the KCL is supplied by a well approximately
1,000 feet north of the maintenance shop and water storage tank. The well meets the pumping capacity
requirements of this condition. Permits to Construct issued by HSD on December 12, 1992 and April 15, 1993.
17.14
Off-Site Water Well Contamination. If the water quality of nearby domestic water
supplies is impaired by Landfill leachate, the Landfill operator shall take immediate
remedial action that is acceptable to the County Health Services Department and the San
Francisco Regional Water Quality Control Board. The source of contamination shall be
identified and immediately repaired. Remedial measures shall include but are not limited
to extraction wells and slurry walls. The Landfill operator may be required to replace the
impaired water supply.
Not Yet
Required
Condition Acknowledged. The locations of groundwater wells within a mile of the existing KCL have been mapped
and available information for the wells has been collected. Nearby domestic water supplies have not been impaired
by landfill leachate. No remedial action has been required of the Landfill owner/operator.
17.15 Liner Installation Inspection. See Condition 16.4.See 16.4 This condition cross-references to another LUP condition.
17.16 Secondary Containment. The Landfill developer shall construct a secondary containment
system capable of containing 1.5 times the volume of each leachate-holding tank.Completed
The storage tanks are located inside a reinforced concrete secondary containment area set below surrounding
grades. The containment area meets the requirements of this condition. See Community Development Department
letter from C. Zahn to B. Olney (KCLC) dated 2/13/1992, which authorized construction of the leachate storage tank
foundations for both leachate tanks (capacity of 64,000 gallons each) and a concrete secondary containment with a
capacity of 100,000 gallons (150% of the primary leachate tank) under Building Permit MI 176258.
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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.
In
Compliance.
On-Going
Standard operating procedures limit the maximum daily working face to fewer than 3 acres as specified in this
condition, and a maximum of 1 acre as specified in Condition 17h of the SWFP.
18.1 Surface Water Protection Objective. The Landfill shall not impair the beneficial uses of
water bodies in the vicinity of the Landfill site.
See
Conditions
18.2 - 18.5
The original Surface Water Management and Sediment Control Plan was included in FDIP, Sections 4.1 through 4.3.
Requirements for surface water protection are also defined in the facility WDRs Prohibitions 8(a), and Specifications
B.3, B.7, and B.9.
18.2
Surface Drainage System. The Landfill operator shall install a Landfill surface drainage
system which shall be designed to meet State Class II standards. It shall accommodate a
1,000-year, 24-hour design storm, as specified by the County Public Works Department
and the San Francisco Regional Water Quality Control Board (SFRWQCB). The drainage
system shall convey surface water around the active fill area without contacting the
working face or any solid waste. The surface drainage system shall be approved by the
SFRWQCB and the County Community Development Department and included in the
Development and Improvements Plan. Surface flow shall be evaluated further with
groundwater levels and precipitation factors prior to construction, and findings
incorporated into the final landfill design in order to lessen impacts to surface water flow.
Flow rates and groundwater levels shall be monitored through the life of the landfill. If
loss of surface flow is determined to have unforeseen impacts, a like amount of water
shall be provided.
B-13, 14
In
Compliance.
On-Going
Included in FDIP, Section 4.1. Also see WDRs Finding 18, Spec 2-3, Drawings 29-31. The surface drainage system
was designed, constructed, and is maintained in accordance with this condition and requirements of WDR
Specification B.3, which requires that surface drainage from tributary areas, and internal site drainage from surface
and subsurface sources, shall not contact or percolate through wastes during disposal operations or during the life
of the site. Surface drainage from tributary areas, and on-site drainage from surface sources, are collected using
surface drainage ditches, and/or other conveyance and collection methods.
The design criteria for drainage control devices are based on 27 CCR, Section 20365. The various drainage control
system features (e.g., ditches, oversize drains, inlets, earthfill berms, sedimentation basin, and storm drains) located
at the KCL have been designed to control surface water run-off from a 1,000-year, 24-hour rain storm event.
Facility is in compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [e.g. Specification B.2
(Washout and Erosion of Wastes), and B.3 (Management of Surface Drainage), and Provision C.3 (Preparation of
facilities prior to rainy season)]. Measures incorporated into NPDES Industrial Discharge permit. WDRs and NPDES
are monitored by the RWQCB.
Letter of authorization from the RWQCB was substantiated by CDD on 10/23/1991. See Community Development
Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.See
correspondence from CDD to the District II Supervisor dated 4/22/1992 explaining how landfill design would help
control flows into the City’s storm drain.
18.3 Creek Protection. The landfill shall be designed so leachate and other contaminated
water does not flow into Lawlor Creek. See Section 23.3.
In
Compliance.
On-Going
Landfill site design in the FDIP, the original RWQCB for construction of a Class II landfill, and on-going design reviews
by regulatory agencies ensure that neither leachate nor contaminated water flows into Lawlor Creek. The Extent of
Waste Placement where waste is disposed is located hundreds of feet away from Lawlor Creek.
See RWQCB letter from L. Kolb to B. Olney dated 10/23/1991.
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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. 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.
Drainageways across other areas shall be lined or planted to limit erosion.
B-15, 17,
20, 29
Completed.
On-Going
The original Surface Water Management and Sediment Control Plan i included in FDIP, Section 4.2 and Appendix I,
The RWQCB approved the design for Keller Canyon, (See RWQCB letter from L. Kolb to B. Olney dated 10/23/1991).
Plan elements have been updated as needed to meet requirements of landfill construction and prevailing
regulations.
All requirements in this condition for design and construction of the landfill were met prior to, or if approved by the
County, subsequent to landfill opening. Monitoring of surface water management and sediment control is
performed in accordance with RWQCB requirements, and Condition 17k(b) of the SWFP.
Facility is in compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [e.g. Specification B.2
(Washout and Erosion of Wastes), and B.3 (Management of Surface Drainage), B.7 Final grading promoting lateral
runoff and Provision C.3 (Preparation of facilities prior to rainy season). Measures are also incorporated into NPDES
Industrial Discharge permit. WDRs and NPDES are monitored and enforced by the RWQCB.
To minimize onsite erosion, on-going erosion control measures are used during landfill operations to minimize soil
loss. Typical measures include, but are not e limited to, the use of drainage ditches, channels and culverts,
temporary diversion dikes, straw bale barriers, temporary and permanent seeding, and sediment basins. A storm
water pollution prevention plan (SWPPP) is implemented in accordance with NPDES requirements utilizing Best
Management Practices (BMPs) outlined in the SWPPP. The SWPPP is available for review at KCL. Future SWPPPs will
be updated to reflect changes to the BMPs as the site is developed.
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(e) Sedimentation Ponds. The Landfill developer shall install a sedimentation pond
system prior to other landfill development to hold and process drainage from the Landfill
property which shall be designed to withstand the 1,000-year, 24-hour design storm and
Maximum Credible Earthquake event. The Landfill developer shall develop a program for
monitoring storage volumes in the sedimentation ponds and releasing water depending
on expected rainfall. Flow rates for down-stream discharge shall not exceed the 25-year,
24-hour design storm. The program shall include a preventive maintenance program
which shall include a program for clearing of sedimentation ponds and maintenance of
perimeter ditches and vegetative cover. The program shall be subject to approval from
the County Community Development, Health Services, and Public Works Departments,
and the San Francisco Regional Water Quality Control Board. The efficacy of the Landfill
surface water control system in reducing downstream flooding shall be addressed in the
annual and triennial reviews required by Condition 11.1.
(f) Runoff Conveyance. Erosion to ditches or gullys used to convey runoff shall be
corrected by use of appropriate measures such as energy dissipators or rip rap.
(g) Equalization Basin. Water in contact with the working face area of the landfill shall be
discharged into an equaliza-tion basin, monitored, and treated if necessary.
KCL conducts regular inspection and maintenance of the erosion control systems to maintain functionality in
compliance with requirements of 27 CCR, Section 20365(c)(3)(A) and (B). See Condition 18.2. After each major
storm and annually, all on-site drainage facilities are inspected by landfill personnel. Required maintenance is
performed so that the drainage channels and detention basins function as required by the WDRs.
See Health Services Department Memo, C. Nicholson to C. Zahn (CDD), dated 10/24/1991. See also Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, as updated through 10/25/1991.
18.5
Monitoring. The Landfill developer shall prepare and implement a surface water
monitoring program to check for possible contamination of off-site surface water
drainage facilities. Baseline water quality shall be determined prior to project
implementation. Sedimentation pond outflow shall be monitored. The monitoring
program shall be subject to approval of the County Health Services Department, the
County Community Development Department, and the Regional Water Quality Control
Board.
B-30 Completed.
On-Going
Included in FDIP, Section 4.3. Also see WDRs Self-Monitoring Program. No events of contamination of off-site
surface water drainage facilities have occurred. Monitoring of surface water is performed in accordance with the
WDRs Item 36. Surface Water. Stormwater discharges from the site are monitored at five locations, during two
major storm events, as required by the State Board's General Permit for Stormwater Discharges Associated with
Industrial Activities and the Discharge Monitoring Program in Order 01-040.
The facility is in compliance with measures incorporated into the WDRs (RWQCB Order 01-040) [e.g. Specification
B.2 (Washout and Erosion of Wastes), and B.3 (Management of Surface Drainage), B.7 Final grading promoting
lateral runoff] and Provision C.3 (Preparation of facilities prior to rainy season)]. Measures are also incorporated
into NPDES Industrial Discharge permit. WDRs and NPDES are monitored and enforced by the RWQCB.
See Health Services Department Memo, C. Nicholson to C. Zahn (CDD), dated 10/24/1991, and Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
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Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
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Mitigation
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Compliance
Status Comments
19.1 Hazardous Waste Ineligible. See Section 6.4.See 6.4 This condition cross-references to another LUP condition.
19.2 Load Inspection. See Condition 7.1 See 7.1 This condition cross-references to another LUP condition.
19.3
Household Hazardous Waste Program. The Landfill operator shall develop a household
hazardous waste collection and management program for the service area which is
consistent with the County Hazardous Waste Management Plan and with the County
Integrated Solid Waste Management Plan. The program shall be subject to the approval
of the County Health Services and Community Development Department. The household
hazardous waste shall be managed in accordance with the "Waste Minimization
Hierarchy" identified in the County Hazardous Waste Management Plan. The operator is
encouraged to develop the program in cooperation with other waste management
facilities and collection services. The proposed program, along with a schedule of
proposed costs and funding sources, shall be submitted to the County departments no
later than 6 months prior to the opening of the landfill. The program shall include
mechanisms for removing household hazardous waste from the waste stream which
arrives at the facility. If the household hazardous waste program (or a version of it) is
approved by the County Board of Supervisors, the Landfill operator shall implement it.
The Landfill household hazardous waste program shall include a public information and
education program approved by the County Health Services Department/County
Hazardous Materials Commission for notifying facility users and households in its service
area of what constitutes hazardous waste and how such wastes are to be disposed of.
The household hazardous waste program shall be amended if required by the County
Board of Supervisors in their review of the Land Use Permit.
Not Yet
Required
This condition preceded the approval of the County’s Household Hazardous Waste (HHW) Element of the
Countywide Integrated Waste Management Plan. There was a substantial change in public policy with respect to
management of this portion of the waste stream shortly after this LUP was approved. CDD advised the Board of
Supervisors that this policy change effectively put this COA 19.3 "on hold." (see memo from H. Bragdon to the
Board of Supervisors dated 4/28/1992).
By early 1992, County HSD had taken the lead role in implementing a countywide mobile collection program.
Several years later wastewater agencies developed and began operating permanent drop-off facilities for HHW to
serve those living in Central (Central Contra Costa Sanitary District) and East County (Delta Diablo Sanitation
District). Soon thereafter a permanent drop-off facility was built in North Richmond to serve West County.
The countywide household hazardous waste program includes three permanent HHW facilities serving households
in their respective areas to provide free and convenient option to properly manage HHW effectively removing it
from the waste stream before it reaches the landfill.
Since the installation of the sedimentation basin, there have been no occurrences of downstream flooding. The
basin has been designed to withstand a 1000-year storm event. Additionally, the surface water management and
sediment control systems function as designed. There have been no occurrences of system failure
The Countywide Integrated Waste Management Plan approved in 1993 does not call for an HHW program at Keller
Canyon Landfill, however such a program could be reactivated if conditions change.
19.4
Transfer Station Pre-screening. The Household Hazardous Waste Program shall include
pre-screening at transfer stations for identification and separation of hazardous materials.
In addition, landfill entrance load screening procedures and a manual check program
during unloading operations shall be included. Landfill operators shall be instructed to
investigate suspicious containers for hazardous materials during bulldozing and other
activities. Any hazardous materials found shall be set aside for proper collection and
disposal.
In
Compliance.
On-Going
A Load Check program and hazardous waste pre-screening are in effect at Contra Costa Transfer and Recovery
Station and other transfer stations that dispose of waste at Keller Canyon Landfill. (See Condition 7.1)
Condition Acknowledged. Procedures related to storage of toxic or hazardous waste are also addressed in SWFP 07-
AA-0032, Section 17j.
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19.5
Regulatory Agency Approvals. The collection and storage of toxic and hazardous wastes
pursuant to this section shall be subject to County Health Services Department, State
Department of Health Services, and other regulatory agency approvals.
In
Compliance.
On-Going
Landfill owner/operator compliance with conditions of approval in LUP Section 20. The landfill facility is in
compliance with all permits issued by the BAAQMD. Title V Permit Major Facility Review Plant No. A4618 last issued
June 12, 2014; and the Authority to Construct/Permit to Operate Plant No. A4618. The Authority to
Construct/Permit to Operate is reviewed annually by the BAAQMD.
20.1
Prevention of Air Quality Deterioration. The Landfill operator shall manage the facility in
a manner that does not result in the significant deterioration of air quality in the vicinity
of the site or in the Bay Area. The condition shall be interpreted as a requirement that
the Landfill comply with terms of the Authority to Construct Permit to Operate permits
issued by the Bay Area Air Quality Management District.
In
Compliance.
On-Going
The Landfill Gas Management/Air Quality Monitoring/Odor Control Plan is included in the FDIP, Sections 8.1
through 8.10. The original Authority to Construct is Appendix B of the FDIP.
The landfill facility is in compliance with protocols for complaint logging and communications, and procedures for
identifying, evaluating, and mitigating off-site odors when they are confirmed. Site personnel routinely patrol the
area including local neighborhoods for any indication of odors. Findings and results from the surveys are
documented daily.
20.2
Odor Containment. The Landfill operator shall operate the Land-fill in a manner that
prevents odors from being detected off-site, pursuant to Regulations 7-101 and 7-102 of
the Bay Area Air Quality Management District. If odors are reported to the County Health
Services Department, or reports are relayed from the Bay Area Air Quality Management
District, the Health Services Department may require additional physical improvements or
management practices as necessary to alleviate the problem. The Health Services
Department shall have the authority to cease disposal at a particular area of the Landfill,
to control odors. A small daily working face (3 acres or less) shall be maintained. The
leachate treatment system shall be enclosed to control odors from leachate. The landfill
gas collection system and flare shall utilize BACT to reduce landfill gas as a source of toxics
and odor. If odors are detected in surrounding areas, complaints shall be logged by a
landfill operator. The source of the odor shall be identified and corrected. A response to
the person lodging the complaint shall be made within 48 hours, detailing the problem
and remedial action taken.
B-22, 32,
36, 37,
67
In
Compliance.
On-Going
Keller Canyon goes to great lengths to minimize odor impacts on the surrounding community, including use of Best
Available LFG Control Technology, maintaining a small working face (typically less than 1 acre in size) and enclosing
the leachate system among other.
Moreover, Keller Canyon landfill staff investigates any odor complaints that come to their attention and keep a log
of all such complaints. Site leadership makes their cell phone numbers available and encourage citizens to contact
them with any concerns. To date, only one odor complaint was confirmed by the BAAQMD in the last six years (on
October 31, 2011), although the odor was described by the BAAQMD inspector as “mild and faint”. No nuisance
odor violations have been issued by the BAAQMD to Keller Canyon Landfill during the life of the site.
An odor impact minimization plan (OIMP) is in effect. An Odor Complaint Program is also in effect per Condition
17k(g) of the SWFP. Odor complaints and associated responses/corrective actions are logged in the facility's
Complaint Log. Standard forms record the date of the complaint, name of the individual filing the complaint (if
available), weather conditions, name of the landfill complaint investigator, the alleged locations of odors, and the
results of complaint verification by either landfill personnel or personnel from the LEA or BAAQMD. Incidents are
also recorded in a Log of Special Occurrences pursuant to provisions of Title 27 CCR 20510 (c) per Condition 17o of
the SWFP. Follow up actions by the landfill are also documented in the annual Activities Report.
A gas collection and control system (GCCS) is in operation along with an extensive leachate management program.
The working face is limited to 1 acre in size per Condition 17h of the SWFP. Also see Condition 20.11.
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Status Comments
20.3
Cover Frequency. The Landfill operator shall cover newly disposed refuse with
compacted soil cover meeting the requirements of the State of California (currently, a
minimum of 6 inches of daily cover). All working faces of the Landfill shall be covered by
the end of the working day. Intermediate cover, meeting the requirements of the State
(currently a minimum of 12 inches) shall be applied over each layer of cells ("lift"). The
frequency of cover shall increase in order to control odor, litter or birds, if necessary, or if
required by the Landfill's Solid Waste Facilities Permit.
B-25, 36
In
Compliance.
On-Going
All requirements for approved daily cover materials and practices are complied with as standard operating
procedure. Soil cover frequency is in accordance with requirements of LUP Condition 20.3, procedures of the
SWFP, and Condition #17309 part 3(a) through 3(d) of the Major Facility Review permit issued by the BAAQMD. The
Working Face is limited to 1.0 acre under Condition 17h of the SWFP. Also see Condition 20.2, 24.4 Bird Control, and
Section 25 Litter Control.
CCEH issued approval for KCLC to conduct a one year demonstration project for use of Alternative Daily Cover (ADC)
– See Contra Costa Environmental Health letter from A. Enriquez to N. Christensen (KCLC) dated 4/23/1999, Results
of the 1999-2000 demonstration project were summarized in a report prepared by CCEH and transmitted to KCLC
on 6/28/2000. CCEH issued a CEQA Notice of Exemption on 7/11/2002 and approved use of ADC using geosynthetic
blankets and green material. ADC was incorporated into the facility RDSI.
The landfill’s use of ADC and beneficial reuse has provided a means to increase diversion on-site for green waste
and certain construction and demolition(C & D) wastes. There has only been one violation issued related to the
handling of green waste accepted for use as ADC. A violation was issued by CalRecycle in 2007. The violation was
based on a misunderstanding about the green waste material CalRecycle staff observed on-site. Material in a
stockpile was mistakenly characterized as ADC by CalRecycle staff. The County LEA has since resolved this issue.
20.4 Odoriferous Loads. The Landfill operator shall cover extremely odoriferous incoming
loads immediately.
In
Compliance.
On-Going
Immediate covering of odoriferous loads is standard operating procedure in accordance with requirements of this
LUP, the SWFP, and BAAQMD Major Facility Review permit Condition #16462 regulating the handling, use, and
storage of yard and green waste stock piles. Air District requires that certain details about the green waste
stockpiles be included in each semi-annual report (available on the BAAQMD website).
20.5
Dust Suppressants. The Landfill operator shall apply water or proven environmentally
safe dust suppressants at least twice daily to working faces of the landfill, unpaved access
roads, storage pile disturbances and construction areas as determined to be necessary by
the County Health Services Department. The Health Services Department may require
sprinklering more frequently for control of particulates.
B-34
In
Compliance.
On-Going
The facility is in compliance with dust suppression measures implemented per this LUP condition, Condition 17k(d)
of the SWFP, and Condition #16462, parts 8(a) through 8(d), 9, 10, 13, 15, and 16(j) through 16(l) of the Major
Facility Review permit issued by BAAQMD.
20.6 Area of Operations. See Conditions 17.17 and 22.10.B-37 See 17.17 &
22.10 This condition cross-references to another LUP condition.
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20.7
Air Flow Monitoring. The Landfill operator shall monitor air flow on the site upon
commencement of operations and shall provide background meteorological conditions
including wind direction, wind velocity, on-site air flows, and temperature. After the
Landfill is in operation, data shall be used to correlate odor, dust, or litter management
with meteorological conditions. Air flow monitoring reports shall be submitted to the
County Health Services and Community Development Departments.
In
Compliance.
On-Going
An expanded weather monitoring station was installed May 1997 that monitors and records all meteorological
conditions specified in this LUP condition. The weather monitoring station was relocated from the sandstone bluffs
north of the leachate tanks to a location at the scale house. The basis for relocation of the station was
acknowledged in the letter from D. Dingman, CDD to E. Horton, KCLC dated 4/21/1997. Data are used to manage
daily landfill operations. CCEH letter dated 12/8/1995 acknowledges that their office and DCD agreed that KCL
would not be required to submit actual monitoring reports unless determined necessary in the future. Data is
available for review by regulatory agencies upon request and periodically checked by HSD during their routine
inspections. Air flow monitoring was conducted early in landfill operational life to optimize operations with
meteorological conditions.
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 Land-fill operator shall consider the
comments of the local advisory committee and consult with the Bay Area Air Quality
Management District and the Regional Water Quality Control Board. The program shall
be approved by the County Health Services Department, and it may be revised from time
to time.
B-37 Completed.
On-Going
The landfill operator has established procedures for dealing with inclement weather with the potential to hamper
normal operations. Rain and/or high winds may require adjustment of on-site waste handling and disposal
procedures. During prolonged heavy rains, operations are moved to a tipping area (wet weather area) which has
been surfaced with asphalt grindings to provide all weather access to allow for continuous refuse disposal
operations during inclement weather. Stockpiles of soil material are maintained near the designated wet weather
alternative tipping area to provide an adequate supply of cover material. Normal traffic and vehicle access to the
wet weather area is provided by paved and/or a combination of tightly compacted soil and asphalt grindings.
For high wind conditions, the unloading area is typically reduced in size and, whenever possible, placed in a portion
of the landing that affords protection from the wind. Additional equipment may be utilized to expedite the
spreading and compacting of the refuse as soon as it is unloaded. Cover operations may also be implemented prior
to the end of the working day to reduce the area of exposed refuse on the working face. In addition, portable litter
fencing is in-place and is used downwind around the unloading areas.
20.9
Revegetation. The Landfill operator shall revegetate completed Landfill areas
immediately. Revegetation shall in be accordance with the Development and
Improvements Plan and shall be consistent with the County policy on landscaping and
water conservation. Intermediate and final cover areas shall be revegetated immediately.
Excavations shall be revegetated or filled immediately. Operating areas which will not be
used for fill or construction for 90 days or longer shall be planted for dust and erosion
control and for aesthetic purposes.
B-37
In
Compliance.
On-Going
Included in FDIP, Sections 7.1 and 8.1 and Appendix E. Revegetation measures of graded areas are in compliance
with Condition #17309 Part 14 of the Major Facility Review permit issued by BAAQMD, and is standard operating
procedure when such areas are not expected to be used for fill or construction within 90 days or longer.
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Status Comments
20.10
Tree and Shrub Planting. The Landfill developer shall plant trees and shrubs downwind of
the Landfill to aid in trapping dust. The planting plan shall be included in the Landscaping
plan component of the Development and Improvements Plan.
B-34 Completed The tree and shrub planting plan is included in FDIP, Section 8.2, Landscape Plan drawings LP-1, LP-2, and LP-3. Tree
and shrub planting species and locations were approved in the Landscaping Plan. See COA 22.2
20.11
Gas Control and Collection. The Landfill operator shall install a Landfill gas control
collection system in accordance with the regulations of the Bay Area Air Quality
Management District. The system shall have the capacity to operate in an active mode,
using a mechanical vacuum, to withdraw gas from the Landfill. The system shall be
operated in an active mode as soon as practical. The gas control and collection system
shall be installed concurrently with the placement of wastes in the Landfill and shall be
ready for operation when gas is produced. The gas collection and related recovery
system shall utilize BACT and shall be subject to the approval of the Bay Air Quality
Manage-ment District and County Community Development Department and it shall be
included in the Development and Improvements Plan.
B-32, 49 Completed.
On-Going
Included in FDIP, Section 8.3.
Gas control and collection requirements are contained in BAAQMD Major Facility Review permit Condition #17309
Parts 18 through 30. Facility components for gas control and collection (Flares 1 and 2) are permitted abatement
devices A-1 and A-2, and active gas collection is source S-1. The landfill gas control system did not have to become
operational until one million cubic yards of refuse had been placed in the landfill.
KCL manages a complex landfill gas (LFG) collection system consisting of vertical extraction wells, headers, and sub-
headers. The LFG collection system is under vacuum which draws the landfill gas to a central point currently
consisting of a flare station, a blower building, and a landfill gas-to-energy facility (LFGTE). The LFG collection
system, including additional vertical collection wells and flares, will be expanded as the landfill is developed to
provide ongoing control within the performance criteria established and mandated by the BAAQMD and State and
federal regulations.
20.12
Landfill Gas Processing. The Landfill developer shall install a flaring mechanism, in
accordance with Bay Area Air Quality Management District guidelines/regulations, to
combust collected landfill gas. The flare shall be of the nonilluminous type. Best
Available Control Technology (BACT) shall be used, as defined and approved by the Bay
Area Air Quality Management District. The flare shall be installed with staged
combustion, operated under fuel-rich conditions, and be designed with flue gas
recirculation.
B-33 Completed.
On-Going
The original design for the flare system was included in FDIP, Section 8.4 and Appendix D. See Community
Development Department letter from C. Zahn (CDD) to S. Gordon, dated 10/24/1995. Two flares are in operation
that are subject to performance standards and testing requirements in Condition #17309 Parts 20 through 30 of the
Major Facility Review permit issued by the BAAQMD.
There are two enclosed flares constructed in the Landfill Gas Management and Landfill Gas to Energy Facilities area.
The first flare was installed at KCL in 1995. Flare #2 was installed in 2007 to act as both a backup unit and to provide
additional capacity as LFG production increases at the site.
Both flares are 40-ft. high insulated steel tubes equipped to control combustion of the LFG to destroy methane and
other. Both flares are founded on a reinforced concrete slabs and are designed to withstand conservative seismic
and wind loads. In 2007, a new control system was installed that integrates control of both flares to a single system,
allowing either one or both flares to operate, depending on LFG destruction needs. This new control system also
interfaces with the LFGTE plant to ensure that consistent LFG extraction and destruction is maintained. See
Condition 20.13.
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Status Comments
20.13
Methane Recovery. The Landfill operator shall install a methane recovery system
simultaneously with the construction of the gas collection system, preferably utilizing the
Landfill gas to produce energy when the Landfill has developed enough gas to justify
recovery. When required by the County Community Development Department, the
Landfill operator shall conduct a study to determine how methane could be recovered
from the gas and used for fuel or as a commodity.
B-32, 49 Completed.
On-Going
An early plan for methane recovery was included in the FDIP, Section 8.5.
A development application to permit a 3.8 mega-watt (MW) LFGTE power plant at KCL was filed by Energy
Developments/Bio Energy in 2001. An Initial Study/Mitigated Negative Declaration was approved and LUP
LP012115 ultimately was issued in June 2002. The plant was not constructed by Energy Developments/Bio Energy.
In 2006, Ameresco, Inc. submitted a development proposal for a power plant (also with a capacity of up to 3.8 MW)
to the County. The project was approved. The LFGTE power plant was dedicated in October 2009 under LUP
012115. The plant is owned and operated by Ameresco Keller Canyon L.L.C. See Section 36 of this LUP.
The LFGTE plant was constructed adjacent to the existing flare station described in Condition 20.12 above.
Ameresco has secured a power purchasing agreement to sell the power generated at KCL. See Section 36 Landfill
Gas Power Plant of this LUP.
20.14
Gas Monitoring. The Landfill developer shall install gas migration detection probes and
wells along the boundary of the Land-fill footprint, near on-site buildings, and in other
locations specified by the Bay Area Air Quality Management District or the County Health
Services Department to monitor for subsurface and surface gas migration. The gas
monitoring stations shall be described in the Development and Improvements Plan
approved by the County Community Development Department. If gas migration is found,
the Landfill operator shall notify the County and take remedial actions. Training of
employees for detection of gas migration shall be included in the employee training
program.
B-32, 49
In
Compliance.
On-Going
Plans for the initial gas monitoring system are included in FDIP, Section 8.6. The monitoring and control of gas
emissions via integrated and instantaneous surface emissions monitoring is conducted in accordance with the
BAAQMD Rule 34 compliance plan requirements for the KCL. Perimeter probe results from collected monitoring
data are compiled into a report. Gas monitoring data is submitted by KCL to the LEA and BAAQMD.
As of September 20, 2007 regulations for Gas Monitoring and Control at Active and Closed Disposal Sites became
effective. KCL submitted a Landfill Gas Monitoring Migration Monitoring Plan as required by the new regulations in
September 2008. The Landfill Gas Migration Monitoring Plan was revised in response to LEA comments and
subsequently approved by The LEA on August 3, 2009.
Perimeter and surface landfill gas at KCL are monitored in accordance with CFR 258.23 (Subtitle D) and the
BAAQMD Regulation 8, Rule 34. Perimeter and surface landfill gas monitoring are conducted on a quarterly basis.
Perimeter landfill gas monitoring at the KCL have shown that there is no landfill gas migration off-site. The
perimeter landfill gas monitoring probes were designed and spaced according to 27 CCR and BAAQMD
requirements, and are in conformance with the criteria set forth in Subtitle D.
On-site structures at are monitored monthly, in accordance with 27 CCR, Section 20931, for detection of potential
landfill gas migrating into building structures. The upper detection limit is 1.25 percent methane by volume.
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20.15
Lateral Gas Barriers. The Landfill developer shall install a gas barrier or gas collection
area on side slopes of the Landfill to prevent lateral gas migration through the sides of the
Landfill. The barrier or gas collection area shall be approved by the Bay Area Air Quality
Management District and shall be included in the Development and Improvements Plan.
B-32, 49 Completed.
On-Going
KCL operates a gas collection on or near the slopes in general, and has installed horizontal collectors at the
perimeter of the lining system when the perimeter probes are activated. This portion of the collection system is
located only in the northeast corner of the lined area, approximately where the toe berm meets original ground just
down hill from the east side liner area. “Barriers” as described in this condition are not in place at Keller. Barriers
have not proven effective without significant collection infrastructure to ensure gas does not get diverted and
causes a release in a different location. KCL has installed collection systems as needed to maintain compliance with
CCR Title 27 (Subsurface) and BAAQMD/USEPA (Near-Surface) emissions requirements. Given the large buffer
areas surrounding the landfill operations area, the best approach is to install and maintain a long-term collection
system near a trouble area located within the waste mass, to “pull back” the gas.
20.16
Settlement Protection. The Landfill developer shall use flexible piping and lightweight
backfill for the Landfill gas collection system to ensure that settlement of the fill will not
affect operation of the system.
Completed.
On-Going
All materials and construction techniques approved by the BAAQMD are utilized to minimize potential settlement of
fill. KCL has installed collection systems as needed to maintain compliance with CCR Title 27 (Subsurface) and
BAAQMD/USEPA (Near-Surface) emissions requirements.
Annual source tests are performed per Condition #17309 parts 30 and 31 of the Major Facility Review permit.
Reports are filed with the BAAQMD and are available to interested agencies. The LFGTE power plant source testing
is contained in its separate permit with the BAAQMD.
20.17
Landfill Gas Testing. The Landfill operator shall test Landfill gas for its toxic composition
and for toxic constituents. The testing program shall be subject to the approvals of the
Bay Area Air Quality Management District and the County Health Services and Community
Development Departments. The Landfill operator shall provide the results to the County
Community Development Department and Health Services Departments on a quarterly
basis unless a more frequent interval is specified in the Solid Waste Facilities Permit.
B-32, 49
In
Compliance.
On-Going
KCL conducts a source test at each flare once every year. Source test reports are submitted to the BAAQMD
Compliance and Enforcement Division and the Source Test Section within 60 days of the test date. Each annual
source test is required to determine specific parameters and constituents of landfill gas as specified in the Major
Facility Review permit.
KCL also conducts characterization of the landfill gas concurrent with the annual source test required by the above.
Landfill gas sample(s) are analyzed for concentrations of carbon dioxide (CO2), nitrogen (N2), oxygen (O2), methane
(CH4), and total non-methane organic compounds (NMOC) in addition to organic and sulfur compounds specified in
Part 31 of the permit with BAAQMD. Test reports are submitted to the BAAQMD Compliance and Enforcement
Division and the Source Test Section within 60 days of the test date.
20.18 Leachate Disposal. See Condition 17.10.See 17.10 This condition cross-references to another LUP condition.
20.19 Cell Re-Opening. Previously covered cells shall not be reopened without permission from
the County Health Services Department.
In
Compliance.
On-Going
The facility is in compliance with this condition. Re-opening of cells is reviewed on case-by-case basis and only on
approval by CCEH.
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Status Comments
20.20
Fissure Repair. The Landfill operator shall inspect the Landfill daily. Surface cracks,
fissures, eroded areas, or inadequately covered areas on the Landfill may require repairs
within 24 hours. This activity shall be included in the employee training program.
In
Compliance.
On-Going
Employees are trained in inspections for fissures and approved repair measures. Staff routinely inspects the
Landfill’s surface for fissures. Fissures are repaired as they are discovered. When found, fissures are filled with soil
and thoroughly compacted.
20.21
Permanent Road Paving. The Landfill developer shall pave and maintain permanent
access roads to control dust. A road used for one year or longer shall be considered to be
a permanent road. Road construction shall be described in the Development and
Improvements Plan.
B-34
In
Compliance.
On-Going
Plans for permanent road paving are included in FDIP, Sections 8.8 and 8.9, Drawings 10 and 11. All roads
designated for permanent paving have been completed and are maintained per this LUP and Condition #17309 Part
4 of the Major Facility Review permit issued by the BAAQMD.
20.22
Temporary Road Paving. The Landfill developer shall pave and maintain temporary road
with gravel or crushed aggregate. Temporary roads shall be wetted or chemically treated
when necessary to control dust. Road construction shall be described in the
Development and Improvements Plan.
B-34
In
Compliance.
On-Going
Plans for temporary paving are included in the FDIP, Section 8.9. Major Facility Review permit Condition #17309
Part 5(a) through 5(d) identifies five temporary roadway segments comprising haul roads to the Working Face and a
secondary fire access road. Temporary paving material consists of a minimum of 12 inches of compacted gravel or
crushed asphalt.
The facility is in compliance with dust control measures of Major Facility Review permit Condition #17309 Parts 8(a)
through 8(d), Part 9, Part 10, and Part 13 pertaining to control measures to be implemented depending on type of
road, landfill vehicle traffic, and weather.
20.23
Speed Limits. The Landfill operator shall enforce speed limits set by the County Health
Services Department on internal site roads. The Landfill operator shall install appropriate
signs and speed control devices. The maximum internal on-site speed limit shall be 20
mph.
In
Compliance.
On-Going
Posted speed limit for paved roads is 15 mph; speeds on unpaved roads and fire roads are limited to 10 mph and 25
mph, respectively, per Condition #17309 Part 6 of the Major Facility Review permit. Signs are installed and speed
limits are enforced.
20.24
Equipment Maintenance. The Landfill operator shall maintain Landfill equipment in
optimum working order to ensure that vehicle emissions are controlled and equipment
shall be fitted with spark arrestors so potential for causing fires is minimized. Equipment
shall not be left idling when not in use. Maintenance records shall be kept on all pieces of
Landfill equipment. The records are subject to review by the County Health Services
Department. Equipment shall be stored, serviced, and repaired in a maintenance area
designated in the Development and Improvements Plan and approved by the County
Community Development Department.
B-35, 64
(65)
In
Compliance.
On-Going
Equipment maintenance is performed according to manufacturer specifications and at required intervals.
Maintenance records are maintained by the operator and available for review by County agencies.
All equipment maintenance operations are completed at the landfill. The equipment maintenance facility includes a
6,000 sq. ft. building that contains all equipment spare parts and material storage units for the site equipment
maintenance operations (e.g., storage bins and cabinets, waste oil tanks, fuel tanks, water tanks). A maintenance
yard is used for scheduled maintenance of heavy equipment including daily routine, minor, and major repairs. All
equipment (including stationary equipment) are maintained, tested, monitored, and inspected on a regular basis to
ensure that they are functioning and readily available.
21.1 Noise Control Objective. The Landfill operator shall manage the facility in a manner that
minimizes noise impacts to area residents.
See
Conditions
21.2 - 21.8
Compliance with conditions of approval in LUP Section 21. Noise Control has minimized noise impacts to
surrounding residential areas. DCD is not aware of any violations involving noise generated by the landfill.
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Status Comments
21.2
Noise Monitoring Program. The Landfill operator shall prepare and implement a noise
monitoring and abatement program, which shall be approved by the County Community
Development Department and Health Services Departments. The program shall monitor
noise levels at sensitive receptor locations, one West of Bailey Road and South of West
Leland Road, one near Bailey north of West Leland, and another in the Jacqueline Drive
area south of West Leland Road. The Director of Community Development may specify
other monitoring locations. If the monitoring noise levels at the Landfill boundary line or
other monitored location exceed 60 dBA during daylight hours, or 50 bDA during the
evening or at night, the County may require the operator to institute additional noise
reduction measures to bring noise emanating from the Landfill to the forementioned
levels or less.
B-67
In
Compliance.
On-Going
Noise monitoring is performed monthly and reports are prepared quarterly per the requirements of this condition.
No off-site noise impacts have been consistently received since the landfill opened in 1992. Noise monitoring have
demonstrated that ambient noise levels during periods the landfill is in operation are below the thresholds
established in this condition at the landfill boundary line and other monitored locations. There is no history of
consistent off-site noise complaints.
See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated
through 10/25/1991. Also see Health Services Department Memo from C. Nicholson to C. Zahn (CDD) dated
3/10/1992.
21.3 Toe Berm. See Condition 22.3.See 22.3 This condition cross-references to another LUP condition.
21.4 Mitigation/Lift-Level Berms. See Condition 22.4 See 22.4 This condition cross-references to another LUP condition.
21.5 Construction Hours. See Condition 32.1.See 32.1 This condition cross-references to another LUP condition.
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Status Comments
21.6
Truck Noise Suppression. The Landfill operator shall require transfer trucks and other
waste hauling vehicles using the facility to be equipped with factory approved noise
suppression equipment, including engine compartment insulation. The Landfill operator
shall request the California Highway Patrol actively enforce muffler and vehicle noise
standards as required in the California Vehicle Code if, for any reason, noise from heavy
trucks becomes a source of complaints in the project area, whether project-related or
not. Transfer trucks and other waste hauling vehicles with faulty mufflers shall be denied
access to the landfill after one warning by a landfill operator at the landfill entrance.
In
Compliance.
On-Going
Waste-hauling trucks to KCL are equipped with noise suppression features that are standard to the industry. The
landfill operator's transfer trucks are subject to inspection and maintenance as part of the operator's equipment
maintenance program. Maintenance is performed according to manufacturer specifications and at required
intervals. Faulty mufflers would be replaced as they are identified.
No truck noise complaints have been consistently received at the landfill office since the late 1990s. In response to
concerns about noise resulting from trucks traveling over speed bumps near the landfill entrance, the landfill
operator voluntarily removed the speed bumps. Since that time no complaints of truck noise have been received at
the landfill office.
The CHP periodically sets up a mobile inspection station outside of the landfill entrance to ensure compliance with
vehicle safety and equipment requirements. The landfill operator has not had cause to request enforcement by the
CHP.
New procedures have been put in place at the Landfill if a truck is determined to have a faulty muffler (or mufflers)
by landfill staff at the scale house or working face, the landfill staff shall record the truck tractor license number and
date of determination. The operator of the subject truck may be issued a warning to repair the muffler (or mufflers)
at the discretion of landfill staff, depending to the degree that muffler performance is believed to be degraded. The
truck operator shall be allowed up to 21 days from the date of determination to effect repairs The truck operator
shall be required to provide documentation of repair to the landfill scale house operator to avoid being denied
future access to the landfill.
21.7 Landfill Vehicles. The Landfill operator shall provide Landfill equipment with the best
available noise suppressing equipment to minimize sound generation.B-56
In
Compliance.
On-Going
Landfill equipment are equipped with best available noise suppressing equipment as supplied by the manufacturer.
21.8
Gas Flare Muffling. If flaring is used to dispose of Landfill gas, the flares shall be
contained in noise and glare-reducing housing. The housing shall be subject to the
approval of the County Health Services and Community Development Departments and
the Bay Area Air Quality Management District.
B-56 Completed.
On-Going
Design of the gas flares was approved by the BAAQMD prior to operation, and are operated in accordance with
BAAQMD Title V requirements.
22.1 Visual Quality Objective. The Landfill developer shall construct and operate the facility in
such a manner that the high visual value of the surrounding area is maintained.
See
Conditions
22.2 - 22.14
Compliance with conditions of approval in LUP Section 22. Visual Quality has maintained the high visual value of the
surrounding area. Landfill site development occurs only in approved areas as defined in the Report of Disposal Site
Information, the FDIP, and landfill phase design and construction documents approved by the RWQCB.
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Status Comments
22.2
Landscape Plan. The Landfill developer shall prepare and imple-ment a site Landscaping
Plan. The plan shall enhance the site's visual values as open space and its functional
values as wildlife habitat. It shall minimize the visual impacts of the landfill operations
and appurtenant facilities through revegetation and landscape screening. The plan shall
show the plant species, size, and locations to be used to blend in with the existing natural
vegetation. Natural, drought tolerant species shall be used, in accordance with County
Policy on Water Conservation Landscaping. A landscape maintenance program shall be
part of the plan. A Weed Monitoring and Control Program shall be included, containing a
listing of noxious weeds, a monitoring program, and abatement measure options. A
Landscape Plan shall be included in the Development and Improvements Plan. The
Landscape Plan shall assure no visual impact on the Cities of Concord and Clayton
consistent with the Environmental Impact Report.
A-1 Completed.
On-Going
The Landscape (Screening) Plan that included all required elements of this condition is included in the FDIP, Sections
7.1 through 7.3 and Drawings LP-1, LP-2, and LP-3. The Landscape Plan was endorsed by the LAC. Installation of
landscaping was phased. The Weed Monitoring and Control
Program was included in the Range Management Plan in Condition 23.2 of this LUP. Also see Weed Control Program
in Condition 23.5.
See County Letter of acceptance dated 11/2/1992. Also see Community Development Department Memo, V.
Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
22.3
Toe Berm. The Landfill developer shall install the first phase of the toe berm prior to
other landfill construction and development of the Landfill. Other sections of the toe
berm shall be installed in stages (see condition 32.4). The toe berm shall be contoured to
blend with existing topography. It shall be designed to screen the landfill access road. It
shall be revegetated immediately with native grasses and other vegetation to blend in
with the surrounding area.
A-1, A-5 Completed
Toe berm design is included in FDIP, Sections 3.1 and Drawings 14 & 23. See Community Development Department
letter from C. Zahn to T. Cox (KCLC) which authorized construction of the toe berm. Also see Community
Development Department letter from C. Zahn to T. Cox (KCLC) dated 12/30/1992 which authorized contouring of
the toe berm. Also see Community Development Department memo from H. Bragdon to the Board of Supervisors
dated 3/5/1992 which confirmed that the toe berm was constructed properly and keyed to the sub-surface.
The toe berm slope stability analyses approval from the RWQCB and revegetation plan were substantiated by CDD
on 10/23/1991. See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as
updated through 10/25/1991.
22.4
Mitigation Berms. The Landfill developer shall install landscaped mitigation berms (lift-
level peripheral berms) at the face of each lift in areas visible off the Landfill site, before
beginning refuse disposal on the lift. The berms shall be landscaped to blend with
existing terrain. Specific heights for the initial toe berm and each of its phases shall be
established in the Final Development and Improvements Plan (Condition 15.1).
A-3 Completed.
On-Going
The initial toe berm was constructed prior to other landfill construction. Design reports for all phases of site
development take into consideration the potential for visual impacts, and are submitted to the County and the
RWQCB for review and approval. Lift-level peripheral berms that may be visible from off-site are revegetated
accordingly.
22.5 Lawlor Creek Corridor Plan. See Condition 23.3 See 23.3 This condition cross-references to another LUP condition.
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Status Comments
22.6
Entrance Screening. The Landfill developer shall install landscaping at the entrance of the
landfill to screen the entrance facilities from Bailey Road users. Olive trees shall not be
included as part of the entrance landscape plan.
Completed
Design approved by the County subsequent to initial FDIP approval in 1991. All landscaping at the landfill entrance
was installed.
See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated
through 10/25/1991. Also see Community Development Department letter from C. Zahn to T. Cox (KCLC) dated
11/2/1992 which authorized installation of entry streetscape landscaping.
22.7
Jacqueline Drive Terminus. The north terminus of Jacqueline Drive shall be landscaped,
with native species, to shield near-views of the toe berm. Planting of the terminus area
shall begin as soon as practicable. The outside access road berm shall be a minimum of
15 feet high to shield transfer truck traffic and noise from nearby residences.
A-4, B-47 Completed
Completed at the "south" terminus of Jacqueline Drive. Included in landscape design plans approved by the County
in 1993 and 1994 after initial FDIP approval in 1991. The landfill operator submitted a revised landscape plan for the
Jacqueline Drive terminus on 8/30/1993 to account for a lack of water service previously requested from the City of
Pittsburg and subsequently revised the plan in coordination with the County. See Plan B Landscaping Plan dated
12/28/1993.
See Community Development Department letter from C. Zahn to T. Cox (KCLC) dated May 6, 1994 which
authorized installation of Plan B landscaping.
22.8
Auxiliary Facilities Screening. The landscaping plan shall provide for the screening of
auxiliary areas, such as the administrative buildings, parking lots, maintenance facilities,
and screening of facilities shall occur during the first year of development. Enhancement
of Lawlor Creek shall occur during the first year, to aid in screening facilities from Bailey
Road users.
Completed
Design approved by the County subsequent to initial FDIP approval in 1991. All required landscape screening of
facilities has been installed and is regularly maintained. See Community Development Department letters from C.
Zahn to T. Cox (KCLC) dated 7/30/1992 and 9/23/1992 which authorized installation of landscaping at the
administration building, and scale house and maintenance building, respectively. Lawlor Creek corridor was
improved in 1998 as part of the Lawlor Creek Restoration Plan.
22.9
Architectural Treatment. Plans for buildings and other structures shall include
architectural sections showing design and materials to be used. Buildings shall be
designed to blend into the rural agricultural setting.
Completed
Architectural plans for buildings and other structures were included in the FDIP, Section 7.2. See Community
Development Department letter dated 2/21/1992 from C. Zahn to B. Olney (KCLC) which authorized construction of
auxiliary facilities as follows:
-- Administration building: Building Permit CO 175997
-- Maintenance building: Building Permit IN 175909
-- Scale House: Building Permit MI 175450 & MI 175970
22.10
Area of Operations. Except during construction of modules and other major installations,
the Landfill operator shall limit unvegetated working areas of the landfill, including the
daily working face, to 25 acres for appearance and to control dust and erosion. The
restriction shall not apply to grading for foundations, cover, site roads, berms and other
construction, providing these are carried out expeditiously.
In
Compliance.
On-Going
Limiting unvegetated working areas to the greatest extent possible is standard operating procedure.
22.11
Interim Revegetation. Interim revegetation shall be required on all areas that will be
inactive for more than 90 days. Revegetation shall include native grasses, shrubs and
trees to lend more variety and natural appearance to the finished landfill.
In
Compliance.
On-Going
Interim revegetation of areas that will be inactive for more than 90 days is standard operating procedure. Also see
Condition 20.9.
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Compliance
Status Comments
22.12
Water Tank Screening. The Landfill developer shall provide landscaping to screen the
facility's water tanks. Where possible, the landscaping shall be installed prior to the
installation of the tank. Consideration shall be given to subsurface or partially buried
tanks, and to painting the structures with earthtone colors.
Completed The water tank location was selected because it is not visible from off-site locations. Landscape screening of the
water tank was not required due to natural topography and camouflage paint.
22.13 Final Cover. Final cover shall be contoured and landscaped to blend with existing
topography.
Not Yet
Required
Final cover has not yet been implemented and will be performed in accordance with this LUP condition, and the
approved Preliminary Closure and Post-Closure Maintenance Plan.
22.14
Lighting. The Landfill developer shall design and locate the lighting system to reduce
glare and reduce impact to area residents. Focused directional security and operational
lighting shall be installed. Operation lighting on the working face shall be turned off by
7:30 p.m. Security and entrance lighting shall be dimmed at 7:30 p.m.
Completed All on-site and security lighting has been installed and is directed to avoid glare. Operation of lighting systems is
performed per this condition. Also see LUP Condition 9.1.
23.1
Biotics Protection Objectives.
a) The Landfill developer shall construct and operate the facility in such a manner that
ensures, through protection and enhancement measures, that there is no net loss of
significant habitat, wetland, woodland, or agricultural production.
b) The Landfill developer shall provide at least twice the amount of mitigation wetland for
significant wetland lost to the project (2-to-1 mitigation). A minimum of six acres of
mitigation wetland shall be provided. Wetland loss shall be mitigated through the
enhancement of stock ponds and sedimentation basins, or the creation of new wetlands.
B-57
In
Compliance.
On-Going
Four mitigation wetlands were created in 1992 in accordance with federal and state resource agencies. Total
wetlands area of 8.57 acres, exceeded the 6.0-acre minimum for this Condition (USACOE permit minimum = 7.21
acres). A Biological Condition Compliance Review was conducted in 2003 which concluded that the 8.29 of
mitigation wetlands in place at Keller did not warrant any wetland remdiation (0.28 acres no longer met USACOE
jurisdictional wetlands criteria). An additional 6.0 acres of Lawlor Corridor were enhanced through plantings of
California native species and other riparian enhancements. These wetlands and enhanced areas continue to
function as designed.
See Community Development Department letter from C. Zahn to B. Olney (KCLC) dated 2/5/1992, which authorized
construction of mitigation wetlands in the east Special Buffer Area in compliance with COA 23.1 and USACE Section
404 Nation-wide Permit No. 26. Streambed Alteration Agreement No. 1463-90 for wetlands construction was issued
by the California Department of Fish and Game on 10/18/1991. The Final Wetland Mitigation and Monitoring Plan
was substantiated by CDD on 10/23/1991.
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Mitigation
Measure
Compliance
Status Comments
23.2
Range Management Plan. The Landfill operator shall design and develop a Range
Management Plan in order to provide for continued grazing on portions of the site. The
Special Buffer Area shall remain as Agricultural Preserve, and development rights shall be
conveyed to the County. The buffer area and other site range-lands of the Primary
Project Area not exempted for habitat protection and not in active landfill use shall be
enhanced as grassland/oak woodland, and shall provide grazing for at least 270 head of
cattle, approximately the same number of cattle which presently graze on the site. Stock
watering ponds shall be enhanced through planting of trees and shrubs. Grazing shall be
restricted for a 1 to 2 year period in order for grasses to get reestablished. It shall provide
for adequate grazing range, and for native tree species such as oaks to be planted for
animal protection and to replace trees removed during landfill construction, while
controlling soil erosion. The plan shall be prepared in consultation with the Contra Costa
County Resource Conservation District and the Agricultural Extension Service. It shall be
coordinated with the Landscape Plan, the Habitat Preservation Plan, and the Erosion and
Sediment Control Plan developed for the landfill facility. It shall be subject to the
approval of the County Community Development Department and it shall be included in
the Improvements and Development Plan.
B-3, 57
In
Compliance.
On-Going
Included in FDIP, Section 5.1 Range Management Plan and Drawing RM-1, approved by the Community
Development Department. The buffer area is maintained within the guidelines of this condition for grazing, habitat
preservation and fire protection.
The Special Buffer Area continues to be under Williamson Act contract (Contra Costa County, 2008) and is zoned
A‑4, Agricultural Preserve.
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Compliance
Status Comments
23.3
Lawlor Creek Corridor Restoration Plan. Enhancement of this riparian area shall replace
habitat lost by the rerouting and covering of a portion of the unnamed drainageway
within the waste placement area. This plan shall provide replacement for habitat lost to
landfill construction. The Corridor Plan shall also provide screening of the landfill
entrance and service facilities from Bailey Road. Livestock fencing shall be constructed
around the perimeter of approximately 35 acres to exclude cattle from the riparian and
oak woodland areas. Litter shall be removed from the creek and corridor, and fencing
shall be established along Bailey Road to prevent unlawful disposal of trash. Riparian
species of trees such as Willows, Fremont cottonwood, sycamore and other oak species,
California Bay Laurel and shrubs shall be planted. The access road crossing of Lawlor
Creek shall be designed and constructed in a manner that would be compatible with the
aesthetics of the corridor and habitat enhancement. Installation of horizontal drainage
pipes into hillsides may be provided to tap groundwater sources to improve creek flow
conditions. A monitoring and maintenance program shall be established to insure wildlife
habitat values are protected. Rock dams, overhangs, splash pools and erosion control
structures shall be included in the corridor plan design. The detailed restoration plan
shall be developed for Lawlor Creek in coordination with the County, the California
Department of Fish and Game, U.S. Fish and Wildlife Service, local Audubon and California
Native Plant Society representatives and other environmental organizations. A
streambed alteration agreement shall be obtained if determined to be necessary by the
CDF&G. A wetland modification permit shall be obtained from the Army Corps of
Engineers if necessary. Implementation of the Restoration Plan shall take place during
the initial development phase of the Landfill.
B-58 Completed
Streambed Alteration Agreement No. 1461-90 for Lawlor Creek was issued by the California Department of Fish and
Game on 10/18/1991. A Restoration and Enhancement Plan was prepared in accordance with requirements of the
County, U.S. Army Corps of Engineers, and California Department of Fish and Game, and implemented in 1997 and
1998.
General plans are included in FDIP, Section 5.2, Drawing LC-1 and Appendix C, approved by the Community
Development Department.
Final Section 404 Monitoring Report Submitted August 26, 1998. Also See LUP conditions 22.8 and 23.1.
23.4
Sandstone Outcrop Area. Livestock fencing shall be constructed around the perimeter of
the 72-acre sandstone area at the front of the Landfill to exclude cattle and preserve
upland habitat area. Landfill personnel and construction operators shall be alerted
regarding the protected area. Native trees such as Oak and California Buckeye shall be
planted along the perimeter of this area. The adjoining equalization basin and toe berm
shall be constructed to avoid damage to the protected area.
Completed Sandstone outcroppings in this area have been protected by exclusionary livestock fencing. Siting and construction
of landfill facilities in adjoining areas were implemented without damage to the sandstone outcrop area.
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Measure
Compliance
Status Comments
23.5
Weed Control Program. The landfill operator shall submit a weed control program to
control introduced weedy species on the Land-fill property as part of the Range
Management Plan. The program is subject to approval by the County Community
Development Department. The weed control program shall include a list of noxious
weeds, periodic monitoring of these species, and a weed control and removal program.
B-57
In
Compliance.
On-Going
Weed control is performed in accordance with this condition, the Range Management Plan, and County Weed
Abatement.
23.6
Phased Construction. The Landfill operator shall construct and operate the Landfill in
phases in order to reduce the acute impact to vegetation and wildlife habitat. Mature
trees should be removed only as needed, not more than one year in advance of module
development. Black walnut and other heritage tree cuttings shall be taken with the
direction of a research organization such as the University of California's botanical garden.
In
Compliance.
On-Going
Phased construction has been implemented since the landfill opening in 1992. No Black Walnut or heritage trees or
high quality wildlife habitat exist within the approved area of disturbance for landfill facilities or operations.
23.7
Vegetation Protection. The Landfill developer shall employ dust suppression measures to
prevent damage from dust loading on vegetation. Periodic watering of vegetation
adjacent to the fill working area shall be developed as part of the Range Management
Plan.
In
Compliance.
On-Going
Dust suppression measures are implemented in accordance with this LUP condition, Condition 17k(d) of the SWFP,
and requirements of Condition #17309 in the Major Facility Review permit issued by BAAQMD. Also see Condition
20.5.
23.8
Wildlife Exclusion and Vector Control. The Landfill operator shall construct fences
around the working area of the site, limit the size of the working face, and cover refuse at
least daily in order to exclude wildlife and control vectors at the working area of the site.
In
Compliance.
On-Going
Wildlife exclusion and vector control are implemented per the requirements of this condition and the SWFP
regulating landfill operation. Fences in the working area for wildlife exclusion have not proven necessary as
determined by the LEA. The working face size is limited to less than 3 acres by Condition 17.17 of this LUP, and 1
acre by Condition 17h in the SWFP.
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Status Comments
23.9
Supplemental Wildlife Surveys. The Landfill developer shall conduct additional surveys to
establish the presence or indicate the absence of the following species at the landfill site.
a) San Joaquin Pocket Mouse. The survey shall be conducted according to USFWS
recommendations. If found, the developer shall follow USFWS guidelines regarding
appropriate mitigation procedures.
b) The California Tiger Salamander and the Alameda Whipsnake. The salamander study
shall take place during the rainy season. If salamanders are found to exist in the
unnamed creek, they shall be trapped and released to the Lawlor Creek area. If the
Alameda Whipsnake is encountered, then facilities such as the equalization basin, and the
access road shall be relocated further from the outcrop area. The outcrop reserve shall
be expanded to include the easternmost outcrops. Consideration shall be taken in siting
facilities and any activities north of access road. Lighting shall be shielded and shall
illuminate only paved areas in this vicinity.
B-62, 63
Completed.
Updated As
Needed
Supplemental wildlife surveys were conducted in 2003. No special status wildlife species were observed in the
primary project area of the landfill during site visits. Based on exisitng habitat conditions, there is a moderate to
high potential of occurrence for theree special status wildlife species to occur on or adjacent to the primary project
area: 1) San Joaquin pocket mouse, 2) California horned lark, and 3) loggerhead shrike. Two additoinal species, the
California tiger salamander and the California red-legged frog, occur in adjacent areas and could disperse through
the project area. Habitat assessments for these species were conduced in accorrdance with state and federal
guidelines. The habitat assessments concluded that surveys were not warranted based on the probability the
species may occur in the primary project area of the landfill, as follows: California red-legged frog = low
probability, California tiger salamander = low probability,
Earlier supplemental survey data submitted to the U.S. Fish and Wildlife Service were substantiated by CDD on
10/15/1991. See Community Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as
updated through 10/25/1991.
24.1
Bird and Vector Control Objective. The Landfill operator shall manage the facility in such
a manner that prevents and controls the attraction and/or generation of birds and
vectors at the site.
See
Conditions
24.2 - 24.7
Compliance with these conditions of approval in LUP Section 24. Bird and Vector Control prevents and controls
attraction and/or generation of birds and vectors at the landfill operations area.
24.2 Soil Cover Frequency. See Condition 20.3.See 20.3 This condition cross-references to another LUP condition.
24.3 Working Face. See Condition 17.17 See 17.17 This condition cross-references to another LUP condition.
24.4
Bird Control. If birds become a problem at the Landfill in the judgement of the County
Health Services Department, the Landfill operator shall institute a contingency bird
control program. Such a program may consist of monofilament or wire lines suspended in
the air at appropriate intervals over and around the active disposal area. The Landfill
operator shall retain a biologist during the initial period of operation to (1) assess the
effectiveness of the monofilament line for bird control and (2) assess the effect of the
line on avian predator species. If necessary, additional corrective measures shall be taken
at that time. Such measures may include a reduction in the size of the working face of the
landfill, the use of nets over the working face, or the use of a habitat manipulation and
modification program.
B-50, 59
In
Compliance.
On-Going
Implementation of LUP COA 24.4 and 24.5 is routinely coordinated with the SWFP Section 17k(f). The Bird Control
Plan for Keller Canyon Landfill was updated on January 14, 2014. The plan includes elements on bird species
identification, bird control methods, and specific bird control measures. The control program involves dispersal in
conjunction with whistlers, crackershells, and distress calls played over a loudspeaker attached to a vehicle.
Monthly on-site inspections by the LEA have not indicated problems with control of birds and vectors.
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24.5
Rodent Control. If waste compaction does not eliminate live rodents from the Landfill
footprint, or if rodents (other than small numbers of field mice, etc.) occupy facility
landscaping or agricultural areas, the operator shall work with the local enforcement
agency to identify the reasons for the presence of rodents and make appropriate changes
in operational procedures. If an eradication program is necessary, the use of alternative
rodent control programs such as sustained live trapping using nonpoisonous baits, and
natural biological control shall be considered. Anti-coagulants shall be administered by a
pest management professional in a manner which minimizes exposure to avian predators.
Class 1 pesticides shall not be used.
B-50
In
Compliance.
On-Going
See 24.4 above.
24.6
Mosquito Control. The Landfill operator shall grade areas within the Landfill property to
prevent ponding of water which could harbor mosquitos (except for sedimentation ponds
and riparian habitat areas). Sedimentation ponds shall be stocked with mosquito fish. If
a mosquito problem persists, the County Health Services Department may require the
preparation and implementation of additional mosquito control measures, such as
spraying of nontoxic larval suppressant.
B-50
In
Compliance.
On-Going
See 24.4 above. The landfill operator works closely with the County Mosquito Abatement District to ensure
approved controls and methods are used to control mosquitos. If required, stocking of sedimentation ponds with
mosquito fish would be implemented as directed by the County Mosquito Abatement District. Typically there is
insufficient standing water in the sedimentation basin to support mosquito fish.
24.7
Fly Control. The Landfill operator shall limit the size of the working face and shall cover
refuse daily in order to prevent fly proliferation. If an eradication program is necessary,
the use of a pest-control specialist shall be considered and a plan implemented pursuant
to approval by the County Health Services Department.
B-50
In
Compliance.
On-Going
Fly control is achieved by limiting the size of the working face per LUP Condition 17.17 and Condition 17h of the
SWFP. Cover practices and materials are in accordance with requirements of both permits. Also see Condition 24.4.
25.1
Litter Control Objective. The Landfill operator shall manage the facility in a manner which
confines litter to the working face of the Landfill, which prevents litter from accumulating
another parts of the site, and which prevents litter from being blown off the site.
See
Conditions
25.2 - 25,11
The site is in compliance. Litter control is conducted during all hours of operation as specified in Section 25 of this
LUP and condition 17k(e) of the SWFP.
25.2
Load Covering. The Landfill operator shall implement a program to exclude uncovered
loads from arriving at the Landfill. The program shall be subject to the approval of the
County Health Services Department.
B-39
In
Compliance.
On-Going
See Conditions 7.1 and 7.2 for load covering requirements.
25.3
Load Cover Enforcement. If routine enforcement of load cover requirements is not
effective, the Landfill operator shall offer to contract with the Sheriff's Department to
enforce regulations requiring the covering of trucks and trailers.
Not Yet
Required
Every incoming load is inspected to ensure all waste-hauling vehicles are covered. Waste loads are screened for
excessive littering and inadequate covering. All transfer trucks are required to have tarps covering their loads. In
addition, all transfer trucks owned by the landfill operator have stickers on the trailer containing an (800) number
that allows citizens to contact the operator if litter is observed falling from transfer trucks. The Landfill
owner/operator has had no cause to request load cover enforcement from the County Sheriff's Department.
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25.4
Contingency Litter Control. Under windy conditions, the Landfill operator shall cover the
refuse with soil as often as necessary to control blowing litter. Other options shall be
considered as necessary, including the alignment of unloading areas away from the
prevailing wind direction, increasing the number of compactors, decreasing the active
face size, and reducing the number of vehicles tipping at one time. The County Health
Services Department shall have the authority to enforce this requirement. See Section
20.8..
In
Compliance.
On-Going
Portable litter fences are provided as necessary around the unloading and receiving areas to prevent litter from
migrating off-site. A permanent litter fence has been constructed at the east edge of the landfill operations area. In
the event that litter is generated by extremely high winds, the Landfill owner/operator deploys emergency crews to
collect on and off-site litter blown beyond the normal containment areas.
Contingency litter control was implemented on two signficant litter problems that occurred in June 1997 and April
2009:
1. June 1997: A Notice of Violation from the LEA was issued for a significant off-site litter in June 1997. The problem
occurred due to high winds in combination wih the location of the working face. Litter (plastic supermarket bags)
became airborne and were carried to areas beyond the landfill property boundary. The landfill operator updated
the facility Litter Control and Prevention Plan (LCCP) as a result of the incident. The LCCP was approved by the LEA
in April 1998 with concurrence from CDD.
2. April 27 and 28, 2009: A significant litter problem occurred due to a change in wind patterns and gusts in excess
of 45 mph during unloading operations. Through the course of April 27th, litter accumulation exceeded the
available workforce's rate of removal. Attempts to secure additional clean up crew were unsuccessful and litter was
carried to areas beyond the landfill property boundary. On and off-site clean up operations were implemented on
April 28th and completed by April 30th.
In both cases, the landfill operator worked with DCD and the LEA in implementation of corrective actions. As a
result of the litter problem, the landfill operator submitted a refined Litter Incident and Response Plan to the LEA
(see KCLC letter from R. King to E. Fung (CCEH) dated 5/14/2009.
Litter incidents are recorded by DCD and also in the Log of Special Occurrences maintained by KCL. Also see
Condition 20.2. The Department of Conservation and Development is not aware of any complaints related to litter
that have not been addressed in a timely manner by the landfill operator.
25.5 Portable Litter Fences. The Landfill operator shall install portable fencing near the
working face of the Landfill to inter-cept windblown debris.B-39
In
Compliance.
On-Going
Portable litter fences were initially approved as submitted in the Solid Waste Facility Permit, subject to continued
inspection by the County HSD (see memo from C. Nicholson, HSD to C. Zahn, CDD dated 3/10/1992).
Portable litter fences are provided as necessary around the unloading and receiving areas to prevent litter from
migrating off-site per this LUP condition and condition 17k(e) of the SWFP.
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25.6
Permanent Litter Fence. The Landfill operator shall install a permanent fence of wire
around the current fill area of the Landfill. The location shall be subject to the approval of
the County Health Services Department.
B-39 Completed.
On-Going
The permanent litter fence was initially approved as submitted in the SWFP, subject to continued inspection by the
County HSD (see memo from C. Nicholson, HSD to C. Zahn, CDD dated 3/10/1992).
The permanent litter fence was installed prior to commencement of landfill operations in 1992.
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 shall be policed at least daily. The
County Health Services Department may require more frequent policing to control the
accumulation of litter.
B-39
In
Compliance.
On-Going
Keller Canyon Landfill has an extensive litter control program in place. The landfill operator enforces the covered
load program at the scale house by reminding any untarped customers (which are rare) of the requirement. Daily
on-site litter removal is performed in accordance with this LUP condition, the Litter Management Plan, and the
SWFP Condition 17k(e). Monthly inspections by the LEA have indicated an acceptable level of litter control.
Extensive onsite controls are in place to ensure litter is controlled within the site boundaries.
25.8
Off-Site Litter Policing. The Landfill operator shall provide weekly (or more frequent)
litter clean-up from West Leland Road to at least 500 feet south of the site entrance
during the Landfill's first year of operations. Based on experience, the County Health
Services Department may modify frequency of clean-up and/or area of coverage. If
windblown litter from the landfill reaches other properties, the Director of Health Services
may require the Landfill operator to remove the litter and the Director may require the
operator to institute additional measures to prevent recurrence of the problem.
B-39
In
Compliance.
On-Going
Off-site litter removal is performed from West Leland Road to at least 500 feet south of the landfill entrance in
accordance with this LUP condition and the facility Litter Control and Prevention Plan. In addition, Keller Canyon
Landfill's litter control program includes voluntary pick up of litter in areas between Highway 4 and W. Leland Road.
Landfill personnel regularly pick up litter in the vacant lot by the bus stop across from the shopping center on Bailey
Road. In addition, the landfill operator participates in the Adopt-a-Highway program for the area from the San
Marco exit to Bailey Road, including the off-ramp at Bailey Road. This program was previously suspended at the
direction of CalTrans during Hwy 4 construction, but was recently re-instated at the request of Keller Canyon
Landfill. The landfill operator also enforces the covered load program at the scale house by reminding customers
with untarped loads (which are rare) of the requirement.
25.9
Littering Signs. The Landfill operator shall post signs, as determined necessary by the
County Public Works Department, along access roads to the Landfill noting littering and
illegal dumping laws. The Landfill operator shall post signs at the Landfill entrance noting
the hours when the Landfill is open. The operator should periodically publish these laws
and operating hours in mailings to Landfill clientele.
B-39 Not Yet
Required
A sign specifying landfill operating hours is posted at the site entrance. Off-site signage was deemed unnecessary
by the County Public Works Department (PWD) . (See memo from J. Causey, PWD to C. Zahn, CDD dated
2/26/1992.) The County staffs and maintains a countywide illegal dumping hotline and the phone number is: 1-800-
NO-DUMPING or (1-800-663-8674)
With over 22 years of continuous operation in which public self-haul is prohibited, landfill clientele are familiar with
facility operating hours as opposed to potential conflicts that may occur from self-haul customers who arrive at the
facility after hours. There have been no instances of illegal dumping for example, resulting from a customer who
arrived at the facility after hours.
25.10 Clean-Up Bond. The Landfill developer shall deposit a surety bond for $10,000 payable to
the County to use for clean-up in the event of emergency or disputed littering or spills.
In
Compliance.
On-Going
The initial Performance Bond (# 571-10-31) in the amount of $10,000 went into effect on 5/7/1992. It was issued
by Safeco Insurance as a surety for Contra Costa County in the event it was needed to clean-up litter or spills not
remedied by the Operator. The initial Bond listed BFI which was the parent company that owned the landfill at the
time. Since that time the parent company has changed more than once and the Bond had also been renewed. The
landfill operator secured a new bond in the name of Republic Services, the current parent company which is on file
with County DCD.
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25.11 Public access. Public access to the landfill shall be prohibited.
In
Compliance.
On-Going
Signage prohibiting public access to the landfill is posted at the landfill entrance and enforced on-site.
26.1 Safety Objective. The Landfill operator shall manage the facility in a manner which does
not impair the safety of persons living in its vicinity, Landfill users, or Landfill employees.
See
Conditions
26.2 - 26.11
Implementation of conditions of approval in this LUP Section 26. Public Safety has maintained a high degree of
safety for landfill users, employees, and the surrounding area.
26.2
Emergency Plan. The Landfill operator shall prepare an emergency plan specified by the
Solid Waste Facilities Permit and approved by the County Health Services Department.
The emergency plan shall include the following:
(a) A fire and explosion component.
(b) A seismic component.
(c) A hazardous waste spills and contamination containment component.
(d) An evacuation component.
Completed.
On-Going
The Emergency Plan was originally approved by County HSD as submitted in the RDSI in 1992 (See memo from C.
Nicholson, HSD to C. Zahn, CDD dated 3/10/1992).The current Emergency Plan is contained in the updated RDSI
which was approved in conjunction with the Solid Waste Facility Permit by HSD and CalRecycle.
26.3
Employee Safety Equipment. The Landfill operator shall provide or require employees to
provide safety equipment, such as safety glasses, hard hats, safety shoes, gloves,
coveralls, and noise reducers as required by state and federal safety agencies and the
County Health Services Department.
In
Compliance.
On-Going
Safety equipment is provided to landfill personnel as necessary in compliance with 27 CCR, 21600(b)(5)(F).
Equipment includes: boots, hard hats, reflective vests, ear and eye protection, filtration masks and self-contained
breathing apparatuses. All personal protective equipment (PPE) used by KCL employees in the course of their work
must be used and maintained in a sanitary and reliable condition, whenever it is required, based on hazard
assessments of district job/tasks. A hazard assessment using the PPE matrix included in the Personal Protective
Equipment Program included in Appendix E must be performed for each distinct job/task to determine if hazards
are present which require use of PPE. In Fire extinguishers are located in onsite buildings, operating equipment and
maintenance and support vehicles.
26.4
Employee Training. The Landfill operator shall develop and implement training and
subsequent refresher training programs covering accident prevention, safety,
emergencies and contingencies ("bad-day" scenarios), gas detection, identification of
hazardous materials and ground fissures, first aid, and instrucion in the use of equipment.
The programs shall be subject to the approval of the County Health Services Department.
In
Compliance.
On-Going
The training program was originally approved by County HSD as submitted in the RDSI in 1992 (see memo from C.
Nicholson, HSD to C. Zahn, CDD dated 3/10/1992). All employee safety training is performed in accordance with this
LUP condition and State requirements. Training for operations personnel is provided in health and safety,
hazardous waste identification, handling and storage procedures, environmental control systems management and
proper waste handling and disposal procedures. Training provides site personnel with a thorough understanding of
operator responsibilities to ensure that landfill operations are conducted under safe working conditions to minimize
potential public health and safety problems, and to maintain a high degree of compliance with all applicable solid
waste handling and disposal regulations.
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26.5
First Aid Equipment. The Landfill operator shall provide and maintain supplies located in
easily accessible areas. The first aid supplies shall be consistent with the Occupational
Safety and Health Administration requirements and subject to the approval of the County
Health Services Department.
In
Compliance.
On-Going
All employee first aid equipment is provided in accordance with this LUP condition, and State and federal
requirements, and subject to monthly inspections by the LEA.
26.6
Emergency Communications. The Landfill operator shall provide radio phones or
telephones for employee use to call for medical and other emergency assistance. Phone
numbers to use for outside emergency assistance shall be clearly posted on the Landfill
and in other work areas. The communications system shall be subject to the approval of
the County Health Services Department.
In
Compliance.
On-Going
The emergency communications system was originally approved by County HSD as submitted in the 1992 RDSI (see
memo from C. Nicholson, HSD to C. Zahn, CDD dated 3/10/1992). All emergency communications equipment and
phone numbers are in accordance with this LUP condition and State requirements, and subject to monthly
inspections by the LEA.. In accordance with 27 CCR, Section 20615, the LEA, local health agency have been notified
in writing of the names, address, and telephone number of the operator. A list of names of the site personnel for
KCL to contact in the event of an emergency, along with the emergency procedures, are posted in the site office and
operations trailer.
26.7
Emergency Eye Baths and Showers. The Landfill operator shall provide facilities for
emergency eye baths and emergency showers. The facilities shall be subject to the
approval of the County Health Services Department.
In
Compliance.
On-Going
All emergency eye baths and showers are in accordance with this LUP condition and State requirements, and
subject to monthly inspections by the LEA.
26.8
Equipment Maintenance. The Landfill operator shall prepare and implement an
equipment maintenance program which shall be approved by the County Health Services
Department prior to the commencement of operations. The program shall address
transfer vehicles and other refuse-conveying vehicles stored on the site as well as the
station's refuse-moving vehicles and mechanical equipment. Vehicles and equipment
shall be regularly cleaned to reduce the risk of fires.
In
Compliance.
On-Going
The equipment maintenance program was originally approved by County HSD as submitted in the 1992 RDSI (see
memo from C. Nicholson, HSD to C. Zahn, CDD dated 3/10/1992). Equipment maintenance is performed according
to manufacturer specifications and at required intervals. Maintenance records are maintained by the operator and
available for review by County agencies.
See Health Services Department Memo from C. Nicholson to C. Zahn (CDD) dated 3/10/1992.
26.9
Gas Migration Monitoring. The Landfill operator shall prepare and implement a gas
migration monitoring program to detect underground gas migration. Landfill buildings
and paved areas within 1,000 feet of the Landfill shall be monitored. The monitoring
program shall be approved by the County Health Services Department.
Completed.
On-Going
The gas migration monitoring program was originally approved by County HSD as submitted in the 1992 RDSI,
subject to continued inspection (see memo from C. Nicholson, HSD to C. Zahn, CDD dated 3/10/1992). Landfill Gas
Migration Monitoring is performed per this condition and requirements of permits with the BAAQMD
26.10 Refuse Cover. See Condition 20.3.See 20.3 This condition cross-references to another LUP condition.
26.11 Load Inspection. See Condition 7.1.See 7.1 This condition cross-references to another LUP condition.
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27.1
Security Objective. The Landfill operator shall manage the facility in a manner which
prevents unauthorized persons from having access to the working areas of the Landfill
both during and after operating hours.
See
Conditions
27.2 - 27.4
Site security at the site includes: a locked entrance gate, fencing along the entire property boundary and the
manned fee booth/scale area. Access to the site is monitored by the Fee Station Attendants at the scale house
when the facility is open for business. A fence around the entire facility controls unauthorized access to the site.
The LFGTE facility and flare station are fenced off and locked during non-business hours while the sedimentation
basin is also fenced off along the edge of the perimeter or access road. At all other times, the entrance gate is
securely locked. Security lighting is provided at the entrance gate, the administrative building, the scale house area,
the maintenance facilities, and the utilities areas. KCL can provide additional site security measures, as deemed
necessary.
27.2
Security Fencing. The Landfill developer shall install a security fence around the
perimeter of the site with lockable gated entrances and exits. The fence shall be located
to minimize its visual impacts. It shall be included in the Development and Improvements
Plan.
Completed
The Security Fencing plan is included in FDIP Section 10.10. Approved by the Riverview Fire Protection District on
10/22/1991. County HSD deferred to the Fire District’s approval (see memo from C. Nicholson, HSD to C. Zahn, CDD,
dated 10/24/1991. See memo from V. Conklin, CDD to C. Zahn, CDD dated 10/15/1991, and as updated through
10/25/1991.
Security fencing was installed prior to the landfill opening. The initial portion of fencing was authorized in a
Community Development Department letter from C. Zahn to B. Olney (KCLC) dated 2/6/1992; installation of the
remainder of perimeter fencing was authorized by CDD in a letter from C. Zahn to B. Olney, KCLC dated 7/24/1992.
Fencing is maintained or repaired as the need arises.
27.3 Security Staffing. The Landfill operator shall staff the Land-fill 24 hours per day. Private
security services may be retained when the site is not open.
In
Compliance.
On-Going
Private security services patrol the site when the landfill is not open, from landfill closure until 6:00 A.M. and all day
on Sunday. The level of security is managed to ensure landfill assets are protected. On-site patrols include all landfill
buildings, facilities such as the scalehouse, flare system, water tank, and leachate tanks, and major equipment.
Security breaches have been very rare at the site. No buildings or facilities have experienced forced entry or
burglaries. The last incident involved vandalized windows on a piece of earthmoving equipment in 2008.
27.4
Security Lighting. The Landfill developer shall install and operate adequate lights at the
entrance area to the Landfill. The lighting shall be provided in a manner which minimizes
glare to nearby residents and road users. The security lighting shall be covered in the
Development and Improvements Plan.
In
Compliance.
On-Going
The Security lighting plan is included in the FDIP, Section 10.11. Lighting was installed and is maintained per the
requirements of this condition and the FDIP. Security lighting is operated in compliance with LUP Condition 9.1.
28.1 Cultural Resource Preservation Objective. The Landfill developer shall construct the
facility in such a manner that preserves important archaeological or historic sites.
See
Conditions
28.2 - 28.3
Implementation of conditions in LUP Section 28. Cultural Resources has preserved known cultural resources.
28.2
Employee Access. Employee access to the buffer area, the Lawlor Creek area, or the
sandstone outcrop area shall be limited to duties associated with landfill maintenance.
Artifact collection or vandalism in these areas shall be strictly prohibited.
In
Compliance.
On-Going
There are no regular landfill disposal operations in the Special Buffer Area or Lawlor Creek corridor. Public access is
prohibited. Employee access to these areas is limited.
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28.3
Archaeology. The Landfill operator shall cease work in the immediate area if buried
human remains or archaeological features (e.g., petroglyphs) are uncovered during
construction or operation. Work in the immediate area shall cease until a qualified
archaeologist is consulted and approves resumption of work. Should human remains
which may be of Native American origin be encountered during the project, the County
Coroner's Office shall be contracted pursuant to the procedures set forth in the Health
and Safety Code. The County Community Development Department shall also be notified.
In
Compliance.
On-Going
To-date, no buried human remains or archaeological resources have been discovered during site development or
landfill operations.
29.1
Traffic Objective. The Landfill operator shall manage the facility in such a manner that
provides safe, efficient transport of solid waste, while minimizing impacts to County
residents.
See
Conditions
29.2 - 29.10
Implementation of conditions of approval in LUP Section 29. Transportation and Circulation is meeting the
objectives of safety, efficient transport, and minimizing traffic impacts to area residents. The Traffic and Circulation
Plan is included in the FDIP, Sections 11.1 through 11.7.
29.2
Access Route. Access to the landfill facility shall be via State Highway 4, and Bailey Road.
No waste-hauling traffic shall be allowed entrance to the landfill from Bailey Road south
of the site. The Landfill operator shall specify use of the prescribed route in all user
contracts and shall notify non-contract users of the requirement. At the request of the
Board of Supervisors, the Landfill Operator shall reimburse the County for the cost of
enforcement of this Condition on the access route. The Board of Supervisors may also
request the Landfill operator to reimburse the City of Concord for an access control police
inspection stop on Bailey Road should it become necessary to enforce this access route
condition.
B-47
In
Compliance.
On-Going
The vehicle access route to/from the landfill is strictly enforced by the Landfill operator. The prescribed route is
specified in all user contracts. Non-contract users are informed of the prescribed access route. No additional
enforcement from City of Pittsburg or City of Concord law enforcement has been required.
29.3
Landfill Access Road. The Landfill developer shall install a paved, two-lane access road
between Bailey Road and the edge of the current working lift of the landfill. A facility
parking lot, a bridge across Lawlor Creek, a 12-foot turn-around lane, and parking/turn-
off lanes shall be provided. the traffic lanes shall be built to a suitable Traffic Index
(between 10.0 and 10.5). The roadway shall be constructed of all-weather driving
surfaces of not less than 20 feet of unobstructed width, and not less than 13'-6" of
vertical clearance, to all landfill areas within the site. The road shall not exceed 20%
grade, shall have a minimum centerline turning radius of 30 feet, and must be capable of
supporting the imposed loads of fire apparatus (20 tons). The access road shall be
operational when the landfill opens. All costs shall be borne by the Landfill developer.
The design and specifications of the roadway shall be approved by the County Public
Works and Community Development Department in consultation with the Riverview Fire
Protection District.
B-43, 44 Completed
Landfill Access Road design information is included in the FDIP, Section 11.1, Drawings 8-13. Approval for
completion of on-site roads was issued by CDD in a letter from H. Bragdon to B. Olney, KCLC dated 12/13/1991. A
memo from C. Nicholson, HSD to C. Zahn, CDD dated 12/12/1991 concurred that all paved roads met design
specifications and requirements Title 14 CCR. Authorization to construct Bailey Road improvements; and landfill
entrance and intersection design was issued by CDD in a letter from C. Zahn to B. Olney, KCLC dated 12/20/1991.
Final Construction Quality Assurance (CQA) for Phase 1A completed July 29, 1992. The landfill access road was
designed and constructed in accordance with standards of the County Department of Public Works.
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29.4
Landfill Entrance. The Landfill developer shall construct the Bailey Road entrance to the
site in a manner that provides safe access into the landfill. This improvement shall
include the following for proper sight distance and intersection design: a separate left
turn lane at least 150 feet in length and an acceleration lane, at least 1200 feet in length,
leading north on Bailey Road, away from the site. The landfill developer shall also
become responsible for a traffic signal at a later date, if warranted. The County Public
Works Department shall approve the design of the entrance and estimate its cost. All
costs shall be borne by the Landfill developer.
B-43 Completed Landfill Entrance design is included in FDIP, Section 11.2. The landfill entrance was designed and constructed in
accordance with standards of the County Department of Public Works.
29.5
Bailey Road, Pittsburg city limits to the Landfill Entrance. The Landfill developer shall
reconstruct the sections of Bailey Road between the city limits and the landfill entrance.
The reconstructed roadway shall provide the sight distance, and roadway geometrics
(including shoulder widening) specified by the County Public Works Department for truck
use. This shall include two twelve-foot lanes with eight-foot shoulders. These
improvements shall be in place prior to commencement of landfill operations. The
Landfill developer shall upgrade the pavement capacity to reflect a 20-year life (an
estimated Traffic Index of 10.0 - 10.5) along Bailey Road between the Pittsburg city limits
and the landfill entrance. The County Public Works Department shall approve the design
of the roadway and pavement reconstruction and estimate its cost. All costs shall be
borne by the Landfill developer.
B-43 Completed
Design plans for reconstruction of Bailey Road is included in FDIP, Section 11.3, Drawings 4 through 7. The section
of Bailey Road as defined in this condition was designed and constructed in accordance with standards of the
County Public Works Department.
On 10/20/1992 the Board of Supervisors authorized a Joint Exercise of Powers Agreement (JEPA) between the
County and the City of Pittsburg for the purpose of constructing certain road improvements to Bailey Road within
the City's jurisdictional boundaries from just south of West Leland Road to just north of Maylard Street. The JEPA
became effective on 3/18/1993. The County Public Works Department had oversight over the project designs,
construction, and conducted final inspections in consultation with the City.
A Memorandum of Understanding (MOU) was also established on 10/1/1992 between the County and the Keller
Canyon Landfill Company. By order of the Board of Supervisors dated 10/20/1992, the County approved the Keller
Canyon Landfill Company
and the disbursement of monies from the Transportation System Impact Fee account in an amount not to exceed
$300,000.
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29.6
Bailey Road Pavement Study. The Landfill developer shall conduct a study of the Bailey
Road roadway from the Pittsburg city limits to the Highway 4 interchange to determine
the improvements necessary to reconstruct the right hand (outside) traffic lanes of the
road to a 20-year pavement standard to be an estimated Traffic Index of 10.0 to 10.5.
The County Public Works Department, in consultation with the City of Pittsburg, shall
estimate the costs of the improvements, estimate the longevity of the existing roadway
under increased traffic conditions, and determine a per-ton refuse disposal surcharge
adequate to fund the improvements when reconstruction is necessary. The Landfill
operator shall impose the surcharge and pay it quarterly into a segregated account
established by the County. The design of the improvements, their costs, the surcharge
and its disbursement shall be approved by the Board of Supervisors.
B-42 Completed
The initial pavement study is included in the FDIP, Section 11.4 and Appendix F. A subsequent comprehensive
pavement study was completed by the County Department of Public Works in 2009 prior to the rehabilitation of
Bailey Road between the Highway 4 interchange and West Leland Road.
29.7
Road Maintenance. Subsequent to the funding of the above traffic lane upgrading
improvements, the landfill operator shall impose a surcharge for the maintenance of
Bailey Road between the Highway 4 interchange and the Landfill intersection. The
surcharge shall be estimated by the County Public Works Department in consultation with
the City of Pittsburg and shall be based on the landfill's proportionate share of traffic on
the road corridor adjusted for vehicle weight and number of axles. The fees shall be paid
quarterly into a segregated account established by the County. The design of the
improvement, its cost, the surcharge and disbursements from the segregated account
shall be approved by the Board of Supervisors.
B-42
In
Compliance.
On-Going
On July 7, 2010, the County Board of Supervisors approved the establishment of a $0.32 per ton fee (“Bailey Road
Improvement Disposal Surcharge”), pursuant to Condition of Approval 29.6, of the Keller Canyon Landfill Land Use
Permit 2020-89. On the same day the Board approved a $0.68 per ton fee for Bailey Road Maintenance Disposal
Surcharge, pursuant to Condition 29.7. This fee will be in effect between January 1, 2011 and December 31, 2015
and will be reduced to $0.27 on January 1, 2016.
29.8
Highway 4/Bailey Road interchange. The Landfill developer shall participate in an
improvements district, benefit area, or other cooperative arrangement with the County,
the City of Pittsburg, and Caltrans which may be created to improve the Highway 4/Bailey
Road Interchange. The developer shall be required to pay an amount for the
improvements and maintenance proportionate to the traffic generated by the landfill,
adjusted for truck use. If necessary, the developer shall advance the money for the
inter-change design and improvements. The County Public Works Department shall
approve the design of the interchange and estimate its cost. The fees shall be paid
quarterly into a segregated account established by the County. The design of the
improvements, their costs, the surcharge, and disbursements from the segregated
account shall be approved by the Board of Supervisors.
B-45 Completed
Originally included in FDIP, Section 11.5. An improvement district, benefit area, or other cooperative arrangement
requiring the landfill developer participation was not established for the improvement of the Highway 4/Bailey
Road Interchange.
CalTrans constructed the Highway 4/Bailey Road interchange improvements in September 1992, which included the
section of Bailey Road from the Highway 4 interchange south to Maylard Street.
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29.9
Peak Period Traffic Management. The Landfill operator shall prepare a study, in
conjunction with the transfer station serving the landfill, for managing transfer vehicle
traffic to reduce peak period conflicts with traffic on Highway 4. The study shall address
the restricted departure periods from the Landfill identified in the Environmental Impact
Report (6:30 - 8:30 a.m. and 3:30 - 6:30 p.m.) and shall identify any changes to the
conditions of approval needed to implement a peak-period traffic reduction program.
The study shall be approved by the County Public Works and Community Development
Department and shall be provided to the County Community Development Department
with the Development and Improvements Plan. The Director of Community Development
shall specify peak period traffic restrictions. The Landfill operator shall comply with such
restrictions, and shall require compliance in contracts with Landfill users.
B-21, 40,
48 Completed
Included in FDIP, Section 11.6 and Appendix H. The peak period traffic management plan has been modified over
time to reflect local traffic conditions. Conditional approval was issued in August 1996 to modify A.M. and P.M.
peak period departure times (see Community Development Department letter from C. Zahn to S. Gordon (KCLC)
dated 8/14/1996). A five (5) minute interval for departing trucks was approved for the periods of 7:30 A.M. to 8:30
P.M. and 3:30 P.M. to 6:30 P.M. Departure restrictions between 6:30 A.M. and 7:30 A.M. remained in effect. The
revised intervals were subject to modification if dictated by traffic flow or a 25% increase in daily tonnage.
Conditional Approval was issued by CDD in March 2000 to adjust departure time from 7:30 A.M. to 7:10 A.M.; and
in April 2000 to reduce the interval of departing trucks in the A.M. peak period from 5 minutes to 3 minutes. See
Community Development Department letter from D. Dingman to N. Christensen (KCLC) dated 4/27/2000.
Modification of departure patterns improved efficiency of peak period truck traffic.
29.10
Bicycle and Pedestrian Improvements. The Landfill developer shall incorporate into the
Transportation and Circulation Plan a bicycle and pedestrian path system along Bailey
Road in the vicinity of the landfill.
B-5, 46 Not Yet
Required
Plans for bicycle and pedestrian improvements are included in FDIP, Section 11.7, Figure 11-1. Staff reported to the
Board of Supervisors on April 28, 1992 indicating that installation bike and pedestrian path between the City limits
and the landfill entrance was determined to have limited functionality.
30
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.
See
Conditions
30.1 - 30.21
Implementation of conditions of approval in LUP Section 30. Site Services & Utilities is expected to address the
objectives of safety, efficient transport, and minimizing traffic impacts to area residents. The Site Services & Utilities
Plan is included in the FDIP, Sections 10.1 - 10.11.
30.1
Final Site Services and Utilities Plan. The landfill developer shall prepare and submit a
final Site Services and Utilities Plan, and obtain the approval of the County Community
Development Department prior to beginning construction. The Site Services and Utilities
Plan shall be included in the Development and Improvements Plan. The final Site Services
and Utilities Plan shall include:
a) A water service component. (see Condition 30.2)
b) A fire protection component. (see Condition 30.5)
See
Conditions
30.2 - 30.21
Implementation of conditions of approval in LUP Section 30. Site Utilities Plan meets landfill requirements and
protects the surrounding environment. The Site Services and Utilities Plan is included in the FDIP, Sections 10.1
through 10.11, approved by the Community Development Department on 10/23/1991. Also RFPD letter from K.
McCarthy to V. Conklin (CDD) dated 10/22/1991 in which RFPD approved compliance with Section 30 of the LUP.
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30.2
Water Service Component. The Landfill developer shall prepare and implement a Water
Service Component, covering available water resources, estimated total water needs and
supplies, landfill construction and operation, landscaping, fire protection, employee
hygiene, and human consumption water needs, and water supply sources. Potable water
shall be provided for hygiene and consumption. Potable water may be trucked onto the
Landfill.
Completed Included in FDIP, Section 10.1. Additonal research and negotiations occurred following initial submittal in the FDIP
in July 2014, documentation including numerous letters between the operator and City of Pittsburg are on file.
30.3
On-site Water Wells. The Landfill operator shall install wells for water supply with a
minimum pumping capacity of 1,000 gallons per minute, or must have on-site storage
which produces this capacity. The County Community Development Department and the
County Department of Health Services shall be furnished pumping test information which
shall be submitted with the Development and Improvement Plan.
Completed Also see Health Services Department Memo from C. Nicholson to C. Zahn (CDD) dated 3/10/1992, and Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
30.4
Public Water Supply Option. The Landfill operator may substitute water service from a
public water supply system for the use of wells, if arrangements can be made with the
Contra Costa Water District and, where applicable with the cities of Concord or Pittsburg.
The water supply may be potable or non-potable. Annexation to the Contra Costa Water
District probably would be required, as well as an approval for annexation from the Local
Agency Formation Commission, and would have to be obtained prior to the submission of
the Water Service Plan as part of the Final Development and Improvements Plan. The size
and placement at the water supply line shall be included in the Water Service Plan and
shall be subject to the approval of the County Health Services and Community
Development Departments.
Not Yet
Required
The option of a public water supply was not employed. The landfill Operator investigated the feasiblility of this
option in coordination with County agencies. A public water supply option was not feasible at the time of landfill
construction due to design and infrastructure constraints. All on-site water needs are currently met with
groundwater supplies. The Condition should be retained to allow for evaluation of future public water supply
alternatives if necessary.
30.5
Fire Protection Component. The Landfill operator shall develop and implement a Fire
Protection Component meeting the requirements of the Riverview Fire Protection District
to contain and extinguish fires originating on the landfill property and off-site fires caused
by Landfill operations. It shall include training for all employees. The program shall be
subject to the approval of the County Health Services Department.
Completed.
Updated As
Needed
The Fire Protection Component is included in FDIP, Section 10.3. The Riverview Fire Protection District (RFPD)
indicated that the fire protection component had been adequately addressed and therefore authorized preliminary
construction in a letter dated 10/21/1991. The Site Plan and Fire Protection Component were approved by RFPD.
See RFPD letter from K. McCarthy to C. Nicholson (HSD) and C. Zahn (CDD) dated 3/4/1992. Final inspection of the
entire fire protection system determined all requirements were met. Last inspection was on January 31, 2014.
See Health Services Department Memo, C. Nicholson to C. Zahn (CDD), dated 10/24/1991 and Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
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30.6
Fire District Programs. The Landfill developer shall participate in the Riverview Fire
Protection Districts Benefit Assessment Program and the New Development Fees
program.
In
Compliance.
On-going
The landfill operator participated in the New Development Fees program when applicable fees are assessed and
paid at the time Building Permits were issued. A review of recent Property Tax Bills confirmed that the Fire District’s
Benefit Assessment program has yet to be established,
30.7
Construction Timing. Access roads and water supply systems shall be installed and in
service prior to any combustible construction and/or related landfill activity. No
construction, excavation, or grading work shall be started on this landfill facility until a
plan for water supply system has been submitted to and approved by the County Health
Services Department and the County Community Development Department. Water may
be transported onto the site during construction activities, but trucked water shall not be
used for ongoing landfill activities.
Completed
Plans for access roads and water supply systems were approved prior to landfill operations. On-site water was to be
supplied by wells. See Condition 30.3. Trucked water is used on paved and unpaved roads in accordance with dust
suppression requirements of this LUP and in accordance with requirements of the BAAQMD Permit to Operate. See
Condition 20.5.
See Health Services Department Memo, C. Nicholson to C. Zahn (CDD), dated 10/24/1991 and Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
30.8
On-Site Water Storage. The Landfill developer shall provide an adequate and reliable
water supply for fire protection which shall include on-site storage. The storage tank(s)
shall have a useable capacity of not less than 240,000 gallons of water and shall be
capable of delivering a continuous flow of 1,000 gallons per minute.
Completed
Plans used for conservation were dated 1/16/1992. Storage capacity is approximately 366,000 gallons and is
capable of delivering a continuous flow of 1,000 gallons per minute in accordance with this LUP condition.
See Department of Community Development letter from C. Zahn to B. Olney dated 3/12/1992 which authorized
installation of the water tank (Building Permit BP MI 176099); and letter dated 3/24/1992 which authorized
installation of the pump house (Building Permit MI 176416).
See Health Services Department Memo, C. Nicholson to C. Zahn (CDD), dated 10/24/1991, and Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
30.9
Fire Fighting Water Main. If the Landfill developer exercises the alternative of utilizing
public water supply, an above-ground main of sufficient size and quantity shall be
provided, which when connected to the respective storage tank, shall be capable of
supplying the required portable monitor (see Condition 30.11) with a minimum fire flow
of 1,000 GPM delivered to the working face of any open cell in the landfill operation.
Completed The alternative of utilizing a public water supply was not implemented. The existing fire fighting system meets the
minimum fire flow requirements of 1,000 GPM and was approved by County Riverview Fire Protection District.
30.1
Fire Cover. The Landfill operator shall store a supply of soil nearby the working face to be
used for fire suppressant. The adequacy of the cover stockpile shall be determined by the
County Health Services Department in cooperation with the Riverview Fire Protection
District.
Completed Storage of soil near the working face for potential use as a fire suppressant is standard operating procedure.
30.11
Fire Fighting Appliance. The Landfill operator shall provide a minimum of one (1)
approved portable master-stream firefighting appliance (monitor) located within fifty (50)
feet of each work-ing face of any open cell in the landfill.
In
Compliance.
On-Going
A portable master-stream firefighting appliance is located near the working face as standard operating procedure in
accordance with this LUP condition.
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30.12
Fire Breaks. The Landfill developer shall provide and maintain firebreaks as follows: a) A
minimum 100-foot firebreak around the perimeter of each landfill disposal area, b) A
minimum 60--foot firebreak around the perimeter of the entire site and around any
buildings or similar structures. The firebreaks shall be placed to minimize any adverse
visual effects. Their locations shall be subject to the approval of the Riverview Fire
Protection District. The firebreaks shall be included in the Development and
Improvements Plan.
In
Compliance.
On-Going
Fire breaks are maintained on a seasonal basis as standard operating procedure in accordance with requirements of
the Riverview Fire Protection District.
See Health Services Department Memo, C. Nicholson to C. Zahn (CDD), dated 10/24/1991, and Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
30.13
Fire Extinguishers. The Landfill operator shall provide landfill equipment with fire
extinguishers large enough to fight small fires on the equipment or on the landfill. The
extinguishers and their distribution shall be subject to the approval of the County Health
Services Department and the Riverview Fire Protection District.
In
Compliance.
On-Going
Fire extinguishers are located in onsite buildings, operating equipment and maintenance and support vehicles. See
Condition 30.5.
See Health Services Department Memo, C. Nicholson to C. Zahn (CDD), dated 10/24/1991, and Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
30.14
Use of Reclaimed Water for Landscaping. The Landfill Developer shall make every effort
to use treated waste water from a district sewage treatment plant for landscape
maintenance. The Landfill Developer shall report on this matter to the Community
Development Department.
In
Compliance.
On-Going
Use of treated wastewater for landscaping was determined in December 1992 to be infeasible. In a letter from the
landfill operator dated 9/24/1992, information was requested on availability and feasibility of treated waste water
to meet an annual demand of approximately 1,050,000 gallons per year. Letters were sent to the Delta Diablo
Sanitation District (DDSD) and Central Contra Costa Sanitary District (CCCSD).
In December 1992, the landfill operator submitted a status report to the Community Development Department
stating the annual water demand would have to be trucked from either DDSD or CCCSD for use at the landfill site.
Neither the transportation/distribution system nor transport capacity existed to deliver the annual demand for
water. The landfill operator stated that construction of a pipeline from DDSD to KCL would cost in the millions of
dollars for development of a system, exclusive of right-of-way acquisition costs. The system would require
necessary governmental and private approvals that were beyond the scope of the condition of approval. The landfill
operator expressed a willingness to explore the option for use of reclaimed waste water should a pipeline delivery
system become operational sometime in the future.
See KCLC letter T. Cox (KCLC) to V. Conklin (CDD) dated 12/1/1992.
30.15 Equipment and Cleaning. See Condition 20.24. See 20.24 This condition cross-references another LUP condition.
30.16
Smoldering Loads. The Landfill operator shall check incoming loads and direct vehicles
hauling smoking or burning trash to a designated place apart from the current fill area.
The loads shall be dumped immediately and the fire extinguished before the waste is
incorporated into the fill.
In
Compliance.
On-Going
The Load Check Program requires checking of all incoming vehicles hauling smoldering loads. Gate operator would
notify site foreman at the working face of the need for special handling per this condition. Also see LUP Condition
7.1.
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30.17
Emergency Equipment Access. The Landfill operator shall designate access points for
local fire protection agency access to all parts of the landfill and routes. The access points
shall be included in the Development and Improvements Plan and shall be subject to the
approval of the Riverview Fire Protection Dis-trict.
In
Compliance.
On-Going
Designated emergency access points have been approved by RFPD.
Approval by RFPD substantiated by CDD on 10/23/1991. See Health Services Department Memo, C. Nicholson to C.
Zahn (CDD), dated 10/24/1991, and Community Development Department Memo, V. Conklin to C. Zahn, dated
10/15/1991, and as updated through 10/25/1991.
30.18
Smoking Prohibitions. The Landfill operator shall prohibit smoking on the landfill except
in designated areas. In no event shall smoking be allowed near the working face of the
landfill and the fuel storage area. Signs shall be clearly posted and enforced.
In
Compliance.
On-Going
On-site signage is installed that prohibits smoking in all landfill operations areas.
30.19
Toilets. The Landfill operator shall provide portable chemical toilets near the active
disposal area for use of workers and drivers. Their placement and maintenance shall be
subject to the approval of the County Health Services Department.
In
Compliance.
On-Going
Included in FDIP, Section 10.9. Placement of chemical toilets in safe and convenient locations is standard operating
procedure within the disposal operations area and ancillary facilities.
Sanitary facilities are provided for employees and visitors at the landfill administrative building. Locker, rest room,
and shower facilities are provided for employees in the maintenance building. Bottled drinking water is provided at
the administrative building and maintenance building.
30.20
On-site Septic System. Septic systems shall be designed to County Department of Health
Service Standards, and State Health and Safety Code requirements. The Landfill
developer shall pay for any treatment plant fees.
In
compliance.
On-Going
Septic systems were designed, approved, and constructed per County and State standards.
30.21
Sewer Line. In the event that the Landfill developer elects to connect to a sewer line, the
developer shall pay for any capacity studies required, and any resultant equipment
and/or facilities.
Completed Landfill developer elected to construct an on-site septic system. Connection to a sewer line has not been
determined to be necessary.
31.1
Waste Reduction and Resource Recovery Objective. The Landfill operator shall manage
the facility in such a manner that complies with the State's waste management hierarchy
of source reduction, recycling and composting, and environmentally safe transformation
and land disposal; and that is consistent with the Countywide Integrated Waste
Management Plan.
See
Conditions
31.2 - 31.10
The Landfill operator manages the facility consistent with prevailing requirements of CalRecycle, the Countywide
Integrated Waste Management Plan, and other permits. The Waste Reduction and Resource Recovery Program is
included in the FDIP, Sections 6.1 through 6.5. Condition 17i (Waste Reduction and Resource Recovery) of the
SWFP further requires that wastes transported by transfer vehicles should originate from transfer stations where
waste reduction and recovery activities take place.
31.2
1990-1995 Resource Recovery Program. The Landfill Operator shall participate with the
transfer station(s) operators(s), route collection companies and direct haulers in designing
and implementing a resource recovery and recycling program for the service area which is
consistent with the goal of diverting 25 percent of all solid waste generated in the County
from landfill facilities by January 1, 1995.
Completed The Resource Recovery Program for 1990-1995 is included in FDIP, Section 6.1. No substantive resource recovery
activiteis were conducted at Keller.
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31.3
1996-2000 Resource Recovery Program. Prior to 1995, the Landfill operator shall prepare
and submit for review and approval by the County Community Development Department
a resource recovery and recycling program for the service area covering the period from
1996-2000. This shall be consistent with the County-wide Integrated Waste Management
Plan's goal of diverting a total of 50 percent of all solid waste generated in the County
from landfill facilities by January 1, 2000.
Completed
The Resource Recovery Program for 1996-2000 is included in FDIP, Section 6.2. Initiated on-site resource recovery
activities authorized by regulatory changes allowing waste derived cover materials and beneficial reuse materials to
be treated as diversion.
31.4
Materials Recovery. The Landfill operator shall prepare and implement a program for
recovering recyclable materials from refuse loads brought directly to the landfill. The
operator shall coordinate the material recovery program with the operator(s) of a
transfer station(s) serving the Landfill. The program shall be consistent with the
Countywide Integrated Waste Management Plan and shall be subject to the approval of
the County Community Development Department.
Not In
Compliance
The initial Materials Recovery program was included in FDIP, Section 6.3. However, the Countywide Integrated
Waste Management Plan was not approved by the State until 1993. Updated program submitted to County DCD in
October 2014 which is currently under review to determine consistency with current Countywide goals and
requirements.
31.5
Composting Project. The Landfill operator shall develop and implement a pilot program
for composting organic material at the landfill site. The program may occur off-site, and
shall be approved by the County Health Services and Community Development
Department. The compost shall be used for landfill landscaping, cover material or other
approved uses. The purpose of the pilot project shall be to determine the feasibility of
large-scale on--site composting. The composting operations shall meet the State
Department of Health Services' regulations on land application, if applicable. The pilot
project shall be in operation within six months of the opening of the Landfill. Its results
shall be considered at the second Land Use Permit review.
Not In
Compliance
A concept for a composting operation is included in FDIP, Section 6.4. The Pilot project was not implemented within
6 months of the landfill opening due to lack of market feasibility at the time of landfill construction and additional
permitting requirements. Some compostable green waste has been diverted as Alternative Daily Cover since
authorized to do so by CCEH starting with their 12-month Demonstration Project in April 1999.
The majority of wood waste and material for composting is processed at the Contra Costa Transfer and Recovery
station, where regular wood chipping occurs and greenwaste is transloaded for approved off-site uses. An off-site
program has been formally proposed to County DCD in October 2014 involving use of the composting facility in
operation at Republic Services' site in west Contra Costa County and the City of Richmond (Bulk Material Processing
Center approved under County LUP 2054-92, and in accordance with the Standardized Composting Permit under
that facility's SWFP 07-AA-0044).
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31.6
Wood Chipping. The Landfill operator shall establish a program to encourage landscape
services and construction/demolition material haulers to segregate wood material for
chipping. The program shall be approved by the County Community Development
Department and shall be placed in operation within six months of the landfill's opening.
Not in
compliance
A wood chipping concept is included in the FDIP, Section 6.5. A wood chipping program was not placed in operation
within six months of the landfill's opening.
DCD issued Conditional Approval for implementation of a wood chipping operationon August 21, 2003 based on
consistency with the LUP 2020-89 Condition of Approval 31.6 Waste Reduction and Resource Recovery – Wood
Chipping. The wood chipping operation was never implemented on-site. The majority of wood waste is processed
at the Contra Costa Transfer and Recovery station, where regular wood chipping occurs. The operator submitted a
revised program proposal to the County DCD in October 2014 which is currently under review.
31.7
Methane Recovery. The Landfill operator shall explore the use of methane in landfill gas
collected for air pollution reduction as a fuel commodity. The operator shall report
findings to the Community Development Department at the time of the landfill's periodic
reviews. If there is an economic use found for recovered methane, and if the County
subsequently includes the use in its Integrated Waste Management Plan, the Landfill
operator shall implement a methane recovery program.
Completed A landfill gas power plant was determined by the landfill operator to be feasible in August 1998. The LFGTE power
plant became operational in 2009 and is addressed in Section 36. Landfill Gas Plant of this LUP. See Condition 20.13.
31.8 Equipment Maintenance. The Landfill operator shall maintain motorized landfill
equipment to assure maximum fuel efficiency.
In
Compliance.
On-Going
Equipment maintenance is performed according to manufacturer specifications and at required intervals.
Maintenance records are maintained by the operator and available for review by County agencies. See LUP
Condition 20.24
31.9
County Resource Recovery Management Program. When directed by the County, the
Landfill operator shall impose a tonnage sur-charge 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.
In
Compliance.
On-Going
In 1994, the Board of Supervisors approved the First Amended Landfill Franchise Agreement which included a
provision specifying that the Franchise Surcharge to be paid by the operator would cover the cost of all current
County programs (required or authorized by the Use Permit or the Agreement) except the LEA and AB939 Fees.
31.10
Fund Recovery. The Landfill owner may recover funds provided to the County in advance
of the opening of the Landfill through subsequent rate adjustments or surcharges
approved by the County. The County may pro-rate the cost of the program among other
waste disposal facilities it approves which are subject to similar conditions.
No Longer
Applicable Condition Acknowledged.
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32.1 Hours of Construction. The Landfill developer shall restrict outdoor construction
activities to the period from 8:00 a.m. to 6:00 p.m. Monday through Saturday.
In
Compliance.
On-Going
Outdoor construction activities are restricted to the hours and days specified in this LUP condition and Section 5b of
the SWFP.
32.2
Exemption. The Landfill developer may request, in writing, and the Director of
Community Development may grant, exemptions to Condition 32.1 for specific times for
cause. An example is the placing of concrete.
In
Compliance.
On-Going
During certain phases of the landfill's development, the developer has been granted exemptions pursuant to this
Condition when circumstances warranted in response to written requests that were received by County DCD.
32.3
Access Roads. Before commencing landfilling operations, the Landfill developer shall
install and pave the site access road from Bailey Road to the Phase I excavation area (see
Initial Facilities Site Plan drawing of the Initial Development and Improvements Plan,
Condition 16.1). This installation shall include the new bridge over Lawlor Creek and the
turnaround lane. An area which can be used by the California Highway Patrol for vehicle
inspection/weighing shall also be constructed.
Completed Included in FDIP, Section 11.1, Drawings 8-13, approved by the Community Development Department on
10/25/1991.
32.4
Phasing Plan. The Landfill developer shall design a Phasing Plan setting forth a schedule
of construction activities and projects, with detailed information provided on sensitive
installations such as the landfill liner and the leachate collection and gas management
systems. Sensitive installation projects shall be subject to inspection by the Geotechnical
Inspector (Condition 23.6). The necessary installations of the Surface Drainage System
(Condition 18.2) and Soil Erosion and Control Plan (Condition 18.4) shall be in place
before major excavations commence in order to ensure controlled surface water runoff.
Sediment in the sedimentation pond shall be monitored to control quality of runoff.
Construction activities shall be timed to coincide with the dry season and low surface
water flows.
Completed
Included in FDIP, Section 3.1 (Drawings 25-38)
The Phasing Plan was approved by CDD on 10/25/1991. See Community Development Department Memo, V.
Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
32.5
Unstable areas. Areas determined to be unstable by the Stability Analysis performed for
the landfill (condition 18.4) shall be excavated or retaining walls installed under the
supervision of a Certified Engineering Geologist or a Registered Geotechnical Engineer.
Completed.
Updated As
Needed
Evaluation of unstable areas is an on-going activity at KCL. Each design phase considers use of buttresses and other
practices required for cell stability. All design and construction quality assurance documents are submitted to and
approved by the RWQCB. Also see LUP Condition 16.12.
32.6
Dust Suppression. The developer shall sprinkle or chemically treat graded areas, borrow
sites, stock piles, and temporary pavements to control dust, as determined necessary by
the County Health Services Department.
B-34
In
Compliance.
On-Going
Dust suppression is performed in accordance with this LUP condition and LUP Condition 20.5, Condition 17k(d) of
the SWFP, and requirements of Condition #17309 of the Major Facility Review permit issued by BAAQMD.
See Health Services Department Memo from C. Nicholson to C. Zahn (CDD) dated 3/10/1992.
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Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
33.1
Submittal of Plan. The Landfill operator shall submit to the San Francisco Regional Water
Quality Control Board, the Integrated Waste Management Board, and the County Health
Services Department a plan for the closure and the postclosure maintenance of the
landfill as required by State law, but no later than upon appli-cation for a Solid Waste
Facilities Permit. A copy of the closure and postclosure maintenance plan shall be
submitted to the County Community Development Department.
In
Compliance.
On-Going
Initial plans submitted September 30, 1994; Approved by RWQCB on November 28, 1994 (See RWQCB Letter from
R. McMurtry to S. Mann (CIWMB) dated 11/28/1994). A Preliminary Closure and Post-Closure Maintenance Plan
have been submitted pursuant to Title 27 CCR 21780.
See Health Services Department Memo from C. Nicholson to C. Zahn (CDD) dated 3/10/1992.
33.2
Funding of Closure and Postclosure Maintenance Plan. The Land-fill operator shall
submit to the Board of Supervisors and California Integrated Waste Management Board
evidence of financial ability to provide for the cost of closure and postclosure
maintenance in an amount not less than the estimated cost of closure and 15 years of
postclosure maintenance as contained in the submitted closure and postclosure
maintenance plan. Evidence of financial ability shall be in the form of a trust fund
approved by the Board of Supervisors in which funds will be deposited on an annual basis
in amounts sufficient to meet closure and postclosure costs when needed or an
equivalent financial arrangement acceptable to the Board of Supervisors and the
California Integrated Waste Management Board. The Landfill operator shall maintain a
trust fund balance that equals or exceeds the requirements of state law or regulation
notwithstanding, however, the 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 land-fill is closed in stages under Condition 33.4.
Completed.
Updated As
Needed
KCLC provided evidence of financial ability to SFRWQCB & HSD in a letter and supporting documentation dated
October 24, 1991.
Landfill facility bonds for closure, post-closure, and corrective action are updated annually according to inflation
rates set by CalRecycle. CalRecycle issues letters after reviewing bonds submitted to confirm if they adequately
satisfy regulatory requirements. These details are noted in the annual Activities Reports now regularly being
submitted by the operator, along with copies of the surety bonds submittted to CalRecycle..
See Health Services Department Memo, C. Nicholson to C. Zahn (CDD), dated 10/24/1991, and Community
Development Department Memo, V. Conklin to C. Zahn, dated 10/15/1991, and as updated through 10/25/1991.
33.3
Revision to Plan and Cost Estimates. Should State law or regulation regarding the closure
and postclosures maintenance plan or funding of the plan change at any time, the owner
of the landfill shall submit any required changes to the closure and postclosure
maintenance plan and/or evidence of financial ability to the Board at the same time as
submittal to the applicable state or regional agency.
Completed.
Updated As
Needed
CCR Title 27 now requires that landfill operators update financial assurances (bonds) for closure and post-closure
annually, according to inflation rates set by CalRecycle. Copies are included as attachments to the annual Activities
Report submitted to the County.
33.4 Staged Closure of the Landfill. The landfill owner or operator shall close the landfill in
stages if compatible with the filling sequence and the overall closure plan.
Not Yet
Required Condition acknowledged.
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Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
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Mitigation
Measure
Compliance
Status Comments
33.5
Use of Landfill Following Closure. After active landfill operations have ceased, the site
shall be utilized for grazing purposes. The Board may require the owner of the landfill to
deed all develop-ment rights for the landfill site to the County to ensure fulfillment of this
condition.
Not Yet
Required
Landfill lifespan is projected to continue for an additional 30 to 35 years or more depending on operating
assumptions.
33.6
Postclosure Maintenance. The Landfill operator shall institute a postclosure maintenance
program to ensure that containment and monitoring facilities retain their integrity. If
damaged areas are found, the operator shall notify the County and take remedial actions
to prevent odor and landfill gas problems.
B-1 Not Yet
Required
The Preliminary Closure and Post-Closure Maintenance Plans are presented in Draft JTD, Volume 1, and were
prepared in accordance with 27 CCR, Sections 21769(b) and 21790.
34.1
Storage Requirement. The Landfill operator shall provide a minimum 10-acre area on the
landfill site for the storage of abandoned vehicles awaiting salvaging, if required by the
Board of Supervisors. The storage site operator shall accept only vehicles directed to the
site by a law enforcement agency operating in Contra Costa County, which shall be
responsible for the vehicle until its title is conveyed to a salvager. The site would provide
storage only; operations of disposing, salvaging, and security of abandoned vehicles shall
not be the responsibili-ty of the operator. The site may be subject to further planning and
development approvals, and would be subject to the California Environmental Quality
Act. The storage of abandoned vehicles shall be subject to conditions set by the County
Health Services Department, and may be subject to the approvals of regulatory agencies
having jurisdiction.
Not Yet
Required
Implementation of this condition is not yet required due to a lack of demand. The County Sheriff’s Department
coordinates storage of abandoned vehicles at other facilities prior to final demolition and transport. Operator does
not propose to store abandoned vehicles at the landfill without authorization from the County.
34.2
Off-site Storage Option. The Landfill operator may establish the abandoned vehicle
storage area at another location, which shall be subject to the approval of the County
Community Development Department.
Not Yet
Required
Implementation of this condition is not yet required. No requests have been received from the County Sheriff's
Department for the Operator to establish an off-site abandoned vehicle storage area.
35.1
Transportation System Impact Fee: The Landfill operator shall pay to the County of
Contra Costa a Transportation Impact Fee of $2.00 per ton of waste received at the
Landfill to mitigate the general impacts of the Landfill-generated traffic on the County's
road system. The operator shall deposit the fee monies quarterly in a segregated account
established by the County. The fee shall be considered to be a pass-through business cost
for the purposes of rate setting. The fee shall be adjusted annually to reflect the current
Consumer Price Index.
See 35.8
The Board of Supervisors approved Amendment 1 to Land Use Permit 2020-89 on November 1,1994 which stayed
the operation of this Condition as long as the new Condition 35.8 remains in full force and operation.
Mitigation fees have been paid to the County since the landfill opened on May 7, 1992.
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Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
35.2
Open Space and Agricultural Preservation Fee. The Landfill operator shall pay to the
County of Contra Costa an Open Space and Agricultural Preservation Fee of $2.00 per ton
on solid wastes received at the Landfill to mitigate the general impacts of the Landfill on
open space, existing and proposed recreational facilities, and agriculture. The operator
shall deposit the fee monies quarterly in a segregated account established by the County.
The fee shall be considered to be a pass-through business cost for the purposes of rate
setting. The fee shall be adjusted annually to reflect the current Consumer Price Index.
See 35.8
The Board of Supervisors approved Amendment 1 to Land Use Permit 2020-89 on November 1,1994 which stayed
the operation of this Condition as long as the new Condition 35.8 remains in full force and operation.
Mitigation fees have been paid to the County since the landfill opened on May 7, 1992.
35.3
Property Value Compensation Program. The Landfill operator shall provide funding for
the preparation of a property value compensation program study when requested by the
County of Contra Costa. The study will address the means of determining the extent of
property value losses or reductions attributable to Landfill impacts, such as aesthetics,
noise, traffic, or pollution, and the means of compensating property owners for said
losses or reductions. When a compensation program is adopted by the Board of
Supervisors, the Landfill developer shall fund it in the manner specified by the Board. If
the Board of Supervisors determines that progress on the implementation of a
compensation program is not proceeding in a timely manner, the Board may require the
use of a facilitator and/or an arbitrator. The fee shall be considered to be a pass-through
business cost for the purposes of rate setting.
B-67 Completed
The County issued payments totaling approximately $476,400 to property owners near the Keller Canyon Landfill as
part of the Keller Canyon Landfill Property Valuation Mitigation Claim Process adopted by the Board of Supervisors.
The Board approved the program in 1997 after several studies and multiple hearings related to LUP condition of
approval 35.3.
35.4
Resource Recovery Program Fee. The Landfill developer or operator shall pay to the
County of Contra Costa a resource recovery program fee of $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.
No Longer
Applicable
In 1994, the Board of Supervisors approved the First Amended Landfill Franchise Agreement which included a
provision specifying that the Franchise Surcharge to be paid by the operator would cover the cost of all current
County programs (required or authorized by the Use Permit or the Agreement) except the LEA and AB939 Fees.
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Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
35.5
Violation of Prescribed Haul Route. Upon a determination of the County that a user of
the Landfill has violated Condition of Approval Section 29 by using a prohibited access
route, and upon a written direction by the County, the Landfill operator shall impose on
that user the sanction that is directed by the County. Such sanction may include a
surcharge on the tipping fee, prohibition against accepting waste from that user for a
designated period of time, revocation of County refuse-hauling license, or other sanction
directed by the County. A system for reporting alleged violation and for monitoring
enforcement data shall be established by the County and Landfill operator.
In
Compliance.
On-Going
The facility is in compliance with this condition. No sanctions have been imposed for violation of the prescribed haul
route.
35.6
Direct Property Acquisition Study. The Landfill operator shall study the appropriateness
of direct acquisition of properties immediately adjacent to the project, and shall fund any
acquisition program ordered by the Board of Supervisors. The study shall be consistent
with the Environmental Impact Report and shall be completed prior to the issuance of a
franchise agreement.
Not Yet
Required Condition Acknowledged. No acquisition program has been ordered by the Board of Supervisors.
35.7
Adjoining Sites. This permit authorizes the use of the Keller Canyon Landfill site only for
its specified waste disposal uses as set forth in these Conditions of Approval, and for no
other uses. In particular, during the effective and operative periods of this Permit, the
Keller Canyon site covered by this Permit shall not be used to provide access to, or to
accommodate in any way the use of, any adjoining property for landfill purposes, unless
the County has approved the use of such adjoining property for landfill purposes.
Informational Condition Acknowledged. KCL site has not been proposed or used to provide access to or accommodate use of
adjoining property for landfill purposes.
35.8
Mitigation Fee. The Landfill operator shall pay to the County of Contra Costa a fee, the
amount of which may be set by the Board of Supervisors by a Board Order from time to
time, which amount shall not be less than $3.00 per ton and shall not be more than $4.00
per ton, on solid waste received at the Landfill. The fee shall be used as directed by the
Board in its sole discretion: 1) to mitigate general impacts of the Landfill-generated traffic
on the County's road system, 2) to mitigate the general impacts of the Landfill on open
space, existing and proposed recreational facilities, and agriculture, or 3) to mitigate any
general impacts of the Landfill upon the surrounding community.Conditions 35.1 and 35.2
of Land Use Permit 2020-89 are hereby stayed in their operation as long as Condition 35.8
remains in full force and operation. Should Condition 35.8 (or any portion of it) for any
reason be set aside or stayed in its operation, then Conditions 35.1 and 35.2 shall be in
full force and operation.
In
Compliance.
On-Going
This Condition was added by Amendment 1 to Land Use Permit 2020-89 which the Board of Supervisors approved
on November 1, 1994. A fee of $3.00 per ton has been collected since landfill operning, of which $1.75 per ton is
allocated to the County, and $1.25 per ton is allocated to the City of Pittsburg. The County Board of Supervisors
awards grants from the Keller Canyon Landfill Mitigation Fund to County agencies and community-based
organizations in the Bay Point and Pittsburg communities. Grants totaling $1,292, 081 were awarded in the 2013-
2014 fiscal year.
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Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
36.1
Power Plant Design. The design of the Landfill Gas Power Plant project as approved is
generally shown on the plans submitted to the Community Development Department on
October 16, 2001.
Informational Condition Acknowledged.
36.2
Ultimate Responsibility. These conditions of approval identify the Landfill Gas Power
Plant operator as the party primarily responsible for implementing conditions involving
the design, construction, improvements, maintenance and management of the power
plant. However, ultimate responsibility for compliance with these conditions lies with the
owner of the landfill.
Informational Condition Acknowledged. Landfill Gas Power Plant (building and equipment) is owned and operated by Ameresco
Keller Canyon L.L.C.
36.3
Keller Canyon Landfill Land Use Permit. The construction and operation of the Landfill
Gas Power Plant is also subject to all other conditions in Land Use Permit 2020-89 for the
Keller Canyon Landfill, as appropriate.
Informational Condition Acknowledged.
36.4
Violation/Revocation. The Landfill Gas Power Plant owner and operator shall at all times
comply with the provisions and requirements of these Conditions of Approval. A
repeated violation of any of these Conditions as a result of the construction or operation
of the Power Plant is cause for revocation of the Land Use Permit for the power plant.
In
Compliance.
On-Going
There have been no violations of conditions of approval in Section 36. Landfill Gas Power Plant
36.5
System Safety. Risk of fire (from gas, oil, or electrical sources) shall be controlled through
the use of flame sensors, ultraviolet (UV) radiation and methane detectors, and fire
extinguishers. These components shall be installed at a minimum, in the power modules,
exhaust and cooling packages, and other locations as required by Code.
In
Compliance.
On-Going
Facility Safety System was designed and installed in accordance with this LUP condition and other requirements of
the County Building Inspection Department and Riverview Fire Protection District.
36.6
Equipment and System Monitoring. Instrumentation shall be provided for all power plant
equipment and systems which provide for a fully automated monitoring and warning
system. This will include an automated switch to combustion flare if necessary.
Additionally, routine monitoring of the gas extraction system and power plant facility shall
be performed during normal business hours by at least one on-site operator.
Completed.
On-Going
Equipment and System Monitoring was designed and installed in accordance with this LUP condition and other
requirements of the County Building Inspection Department and County Fire Protection District.
36.7
Engines. Power plant facilities shall use lean burn internal combustion engines to meet
BAAQMD regulations for oxides of nitrogen (NOx), carbon monoxide (CO) and volatile
organic compounds (VOC).
Completed.
On-Going
Engines meeting the requirements of this condition were installed in accordance with requirements of the
BAAQMD.
36.8
Hazardous Materials. Landfill Gas Power Plant operator shall prepare and submit a
Hazardous Materials Business Plan for the Power Plant in compliance with requirements
of the Hazardous Materials Division of Contra Costa County’s Health Services Department.
Completed.
On-Going
Ameresco Keller Canyon LLC submitted the Hazardous Materials Business Plan to the County DCD and HSD-
Hazardous Materials Division in October 2009.
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Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
36.9 Emergency Response. Landfill Gas Power Plant operator shall submit a facility specific
Emergency Response Plan and then implement and update as needed, said Plan.
Completed.
On-Going
Ameresco Keller Canyon LLC submitted the Emergency Response Plan to the County DCD and Contra Costa
Environmental Health in October 2009.
36.10
Notification of Plant Upset or Accidental Release. Landfill Gas Power Plant operator shall
notify the Community Development Department immediately of any plant upset or
accidental leakage or release of landfill gas. A written report of the cause of any plant
upset and the corrective measures taken by the facility operator, shall be provided to the
Community Development Department within 72 hours after resolving an emergency.
Not Yet
Required
Condition Acknowledged. To date there have been no incidents of plant upset or accidental leakage or release of
landfill gas.
36.11
Stormwater Pollution Prevention Plan (SWPPP). Landfill Gas Power Plant operator shall
implement the Keller Canyon SWPPP (prepared in 1996 and as may be amended from
time to time), for water resources protection measures in case of spill of coolant, oil, or
other lubricant.
In
Compliance.
On-Going
The landfill operator complies with the current SWPPP for the site. Any stormwater from the landfill gas power
plant is included in the site drainage system in accordance with the WDRs and SWPPP. The landfill gas power plant
processes do not use or discharge water, and a SWPPP specifically for the landfill gas power plant does not exist.
For addressing potential spills of operating fluids, the landfill gas power plant operator submits annual plans and
reports to Contra Costa Health Services in compliance with the California Environmental Reporting System (CERS).
The plant's CERS ID for CCEH's California Accidental Release Prevention Program (CUPA) is 10479961. See
AMERESCO (Keller Canyon, LLC) Industrial Storm Water Pollution Prevention Plan dated October 2009.
36.12
Facility Design. Power Plant facilities shall be painted Bronze Olive or other suitable color
as approved by the Community Development Department. Power Plant operator shall
install a perimeter security fence to enclose the power plant.
Completed Building color was approved by the County and a perimeter fence was constructed.
36.13
Power Plant Landscape Plan. A Landscape Plan for the Power Plant site shall be
submitted subject to the approval of the Community Development Department. The
location and types of landscaping proposed along the security fence shall be specified.
Further
Review
Required
Landscaping Plan initially submitted in 2006 and again along with other plans/drawings submitted in order to have
the Building Permit(s) issued in 2007. The view of the proposed power plant and the other landfill environmental
management facilities from neighboring residences is obstructed by topography.
36.14
Construction. Upon completion of construction, all construction materials, including
packaging materials, worker facilities, and debris will be removed from the site.
Additionally during construction all excess materials shall be removed periodically, as
needed.
Completed Construction materials were removed from the site upon completion of construction per this condition.
36.15
Material Recycling. Whenever feasible, all oils, lubricants, and coolant shall be recycled
rather than disposed. Prior to issuance of a building permit, the applicant shall submit a
Debris Recovery Plan. Upon completion of construction, the applicant shall submit a
Debris Recovery Report.
Completed
A Debris Recovery Plan was submitted to the Community Development Department on January 11, 2007 and
approved by the department on January 12, 2007 (CDD Letter from L. Thompson to Ameresco). All oils, lubricants,
and coolants are recycled. Final inspection hold was released at the time the Debris Recovery Report was
submitted, however staff has been unable to locate hardcopy documentation.
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Compliance Status Table: Keller Canyon Landfill Land Use Permit 2020-89 Conditions of Approval October 14, 2014
Condition Condition Description
Implements
1990 FEIR
Mitigation
Measure
Compliance
Status Comments
36.16
Implementation & Compliance Monitoring. The operator shall provide payment for costs
associated with the Community Development Department’s monitoring of
implementation and compliance with these Conditions of Approval.
In
Compliance.
On-Going
Landfill gas power plant operator has issued any payments required for DCD monitoring costs.
36.17
Surcharge. A surcharge, if established by the County Board of Supervisors, shall be paid
to the County, by the operator, related to the sale of landfill gas or the sale of electricity
produced by burning said gas.
In
Compliance.
On-Going
The County Board of Supervisors established a 1.5% surcharge at the time the Landfill Gas Power Plant was
approved which began operation in 2009. This 1.5% surcharge of gross revenue is for the period of year one
through ten of the project operations and raised to two percent 2% of gross revenue during year eleven through
the life of the project. Landfill gas power plant operator has routinely issued payment as required by this condition.
H:\Keller Canyon Landfill\Copy of Exhibit F-COA Compliance Table1JS Page 74 of 74
Exhibit I ‐ Direct Haul C & D Statistics and Assumptions
Construction & Demolition Materials Currently Direct Hauled to KCL
Origin of actual incoming
loads since 2010
Tons Incoming Loads
(Truck Trips)
# % # %
In‐County 61,072 77% 14,395 79%
West County 9,967 13% 1,372 8%
Central County 31,843 40% 7,909 44%
East County 19,262 24% 5,114 28%
Out‐of County 18,573 23% 3,732 21%
Alameda County 8,937 11% 1,434 8%
Solano County 6,157 8% 1,745 10%
San Joaquin County 70 0.09% 16 0.09%
Non‐adjoining Counties 3,409 4% 537 3%
Totals 79,645 100% 18,127 100%
Incoming Trucks/Loads Per Day (2013)
Type of Trucks/Loads Average Daily
Truck Trips
Disposal ‐ Transfer 94 55%
Disposal ‐ Direct Haul Other 19 11%
Disposal ‐ Direct Haul C & D 10 6%
Cover ‐ ADC 25 14%
Beneficial Reuse 3 2%
Cover ‐ Soil 21 12%
Average Trips per Day 172
In‐County Transfer Station Scenarios for C & D Currently Direct Hauled to KCL
Public In‐County
Transfer
Stations
Incoming Tons Incoming Loads Diversion
(Outgoing) Disposal to KCL
# % # % Tons
% of
Incoming Tons
Transfer
Trips
In‐County 61,072 77%13,833 76%38,542 63% 22,530 1,073
Richmond TS 9,967 13%1,370 8% 4,984 50% 4,984 237
Martinez TS 31,584 40%7,838 43%15,795 50% 15,789 752
Pittsburg TS 19,520 25%4,625 26%17,764 91% 1,757 84
Out‐of County 18,573 23%4,293 24%9,381 51% 9,192 438
Richmond TS 11,674 15%1,824 10%5,839 50% 5,835 278
Martinez TS 6,675 8%1,855 10%3,338 50% 3,336 159
Pittsburg TS 225 0.28%614 3% 205 91% 20 1
Totals 79,645 100%18,126 100%47,924 60% 31,722 1,511
RECOMMENDATION(S):
ACCEPT report regarding the Keller Canyon Landfill Surcharge and Mitigation Fee information requested by the
Board of Supervisors.
FISCAL IMPACT:
There is no fiscal impact to the General Fund for preparing or accepting this report on the Keller Canyon Landfill
(KCL) Surcharges and Mitigation Fees. If the Board were to change how KCL Franchise Surcharge revenue was to
be allocated or spent in the future, those changes could impact the General Fund.
BACKGROUND:
At the March 3, 2015 Board of Supervisor's meeting (agenda item D.7), the Public Works' Stormwater Manager
reported on the County's Trash Reduction Plan. As part of that report, several unincorporated County areas were
presented as having higher percentages of trash pollution entering the storm drain system. Bay Point was one of these
locations to be highlighted as having trash polluting problems.
As a result of the discussion between staff and members of the Board, the question was raised whether there was a
connection between the location of Keller Canyon Landfill (KCL) on Bailey Road south of Highway 4 and the heavy
trash pollution in Bay Point. It is worthwhile to note that four of the five communities or areas shown in the
Stormwater Manager's presentation are actually former Redevelopment Areas. Trash pollution is a symptom of
blight. Although the Keller Canyon Landfill is located in the near vicinity of Bay Point and there are solid waste
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 03/31/2015 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:John Gioia, District I 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: March 31, 2015
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.138
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:March 31, 2015
Contra
Costa
County
Subject:Keller Canyon Landfill Surcharges and Mitigation Fees
BACKGROUND: (CONT'D)
>
transfer stations located within the North Richmond area, the trash pollution is a common factor across the other
former Redevelopment Areas. There are litter containment and off-site litter removal requirements included in the
Land Use Permit conditions of approval for the Keller Canyon Landfill as well as the transfer stations located in
North Richmond and unincorporated Martinez.
Board members raised questions concerning the surcharge/fees generated by the landfill for the County. As a
result of this discussion, the Board requested that Department of Conservation & Development (DCD) staff
prepare a report to answer five questions about the KCL surcharge/fees. This Board Order is staff’s response to
those questions, which also incorporates some background on the KCL surcharge/fees.
The attached Table 1 provides a breakdown of the different surcharges/fees, a general purpose for those fees and
the administering agency or County department. Surcharges/fees have been established by the Board, some apply
to all solid waste facilities and others are project–specific requirements from the Land Use Permit conditions of
approval or the Landfill Franchise Agreement.
Two of these County fee requirements (AB939 Fee & LEA Fee) were established prior to the 1990 approval
of the Keller Canyon Landfill and apply to multiple landfills and transfer stations in the County.
The County’s Franchise Surcharge was established by the County and agreed to by the operator pursuant to
the 1994 Landfill Franchise Agreement. The most significant source of County fee revenue collected from
KCL is the amount derived from the Franchise Surcharge (currently set at 25% of the base gate rate).
The Land Use Permit Conditions of Approval require payment of the Mitigation Fee and Bailey Road
Surcharges shown in Table 1. The $3.00 per ton Mitigation Fee is listed as two separate fees, $1.75 is used
for the County’s Landfill Mitigation Fund and $1.25 is paid to the City of Pittsburg pursuant to Board
action in 1996. The Mitigation Fee is required to be paid out of the County Franchise Surcharge, however
the remaining fees are collected/paid separately.
Further details regarding the purpose and use of individual fees/surcharges can be found in the associated backup
documentation attached as exhibits to this report (see Table 1 to determine which Exhibit applies to each
fee/surcharge). The only fees/surcharges which the Board of Supervisors has the discretion to use to help fund
litter/trash reduction activities are the Mitigation Fee and the Franchise Surcharge. DCD staff did not gather
information related to the amounts collected to date and any reserves that may exist for any of the other
fees/surcharges since they were all established and must be used for purposes other than litter/trash reduction.
1. How are the funds used?
MITIGATION FEES: The KCL Mitigation Fund process was established in August 1992, and the first
allocation of funds occurred in November 1992. For the first few years of operation beginning in May 1992,
the Operator was obligated to pay three separate Mitigation Fees, each of which was set at $2.00 per ton. In
November 1994, the Board of Supervisors approved Amendment 1 to the KCL land use permit (County
File #LP89-2020) and also amended the Franchise Agreement for the purpose of changing requirements
related to fees and rate regulation. The following condition of approval (#35.8) was added:
35.8 Mitigation Fee. The landfill operator shall pay the County of Contra Costa a fee, the
amount of which may be set by the Board of Supervisors by a Board Order from time to time,
which amount shall not be less than $3.00 per ton and shall not be more than $4.00 per ton, on
solid waste received at the landfill. The fee shall be used as directed by the Board in its sole
discretion: 1) to mitigate general impacts of the landfill-generated traffic on the County’s road
system, 2) to mitigate the general impacts of the landfill on open space, existing and proposed
recreational facilities, and agriculture, or 3) to mitigate any general impacts of the landfill
upon the surrounding community.
The Board has not changed the Mitigation Fee amount since setting it at $3.00 per ton in November
1994. Any increase to the Mitigation Fee would not result in a net change in revenue received by the
County because the increased amount would have to be deducted from the Franchise Surcharge.
In July of 1996, the Board of Supervisors agreed to allocate $1.25 per ton of the $3.00 per ton
Mitigation Fund to the City of Pittsburg (Exhibit D). The Board of Supervisors has sole discretion
over this funding and therefore has the right to reallocate some or all of the City's share of the
Mitigation Fees.
The attached Exhibit B shows the KCL Mitigation Fund Allocation Plan for fiscal year 2014-2015,
which was approved by the Board on August 12, 2014. The Allocation Plan pertains to the County's
share of the Mitigation Fees. Under this plan, $35,000 was allocated for an East County
Beautification Program (#62), which includes roadside cleanup of litter, trash and other waste
materials.
FRANCHISE SURCHARGE: The Board of Supervisors approves the annual allocation of revenue
expected to be derived from the Franchise Surcharge as a part of the County’s Budget for each fiscal
year. Exhibit A is a memorandum from the County Finance Director which outlines the distribution
of the Landfill Surcharge Revenues for the Fiscal Year (FY) 2014-2015. Among the allocation
amounts in Exhibit A is $75,000 for Building Inspection, which is used to help fund enhanced code
enforcement services in the Bay Point area.
2. What is the intended use of the funds?
MITIGATION FEES: Amendment 1 to the KCL land use permit (1994) was also intended to
provide flexibility in the use of Mitigation Fee funds, specifying that the fee shall be used by the
Board in its sole discretion. Unless or until the Board of Supervisors decides otherwise, the intended
use of a portion of the Mitigation Fee funds ($1.25 per ton) is direct payment to the City of Pittsburg
pursuant to the action taken by the Board of Supervisors in 1996 (Exhibit D).
For the revenue derived from the County's share of the Mitigation Fee ($1.75 per ton), the current
program/project/service categories considered for funding include: youth services, code enforcement,
public safety, community beautification, and community services.
On May 24, 2011 the Board approved new policies governing the implementation and administration
of the County's KCL Mitigation Fund (“KCL Mitigation Fund Policy”). The adopted policies for the
Mitigation Fund have been provided as Exhibit C in this report. These policies are broken into three
main categories; I) Keller Canyon Mitigation Fund Review Committee, II) the Mitigation Fund
Allocation Process, and III) Disbursement of Mitigation Funds. These policies identify the parameters
governing the allocation and use of the Mitigation Fund (Exhibit C) and the intended use of the Fund
is provided in the Allocation Plan (Exhibit B).
FRANCHISE SURCHARGE: The Landfill Franchise Agreement allows the Board of Supervisors
to have the sole discretion to decide how the County’s Franchise Surcharge revenue is used (with the
exception of the portion required to be treated as the Mitigation Fee). The County Administrator's
Office makes recommendations to the Board of Supervisors through the annual budget process for
the use of the surcharge funds. The Board of Supervisors is expected to decide the intended use of the
2015-16 Franchise Surcharge revenue in April, as a part of the County's overall budget.
3. How much funds are there?
MITIGATION FEES: Table 2 reflects the amount of actual Mitigation Fee revenue ($1.75 per ton
for the County & $1.25 per ton for the City of Pittsburg) collected to date for FY 2014-15. The
County's share of the projected Mitigation Fee revenue for FY 2014-2015 is $1,100,000.
Keller Canyon Mitigation Fund Policy II.G states in part:
“...when estimating the amount of KCL Mitigation Funds that are to be made available for
projects in future fiscal years, staff shall analyze the revenue trend lines from previous years
and the KCL Mitigation Fund Review Committee shall only allocate 80 percent of the
anticipated revenue for the upcoming year.”
This protocol will reduce the likelihood that expenses will be greater than actual revenue received
during the year.
FRANCHISE SURCHARGE: Table 2 reflects the amount of actual Franchise Surcharge revenue
(remainder after deducting the Mitigation Fee) collected to date for FY 2014-15. The County's
projected Franchise Surcharge revenue for FY 2014-2015 is $1,900,000.
4. Where are the funds?
MITIGATION FEES: The portion of the Mitigation Fee funds retained by the County are located in
a separate internal County account, under Organization #1581. The portion the Mitigation Fee funds
allocated to the City of Pittsburg are paid to the City quarterly.
FRANCHISE SURCHARGE: The Landfill Franchise Surcharge is deposited into either Account
#9122 (Franchise-Keller Landfill Surcharge) or Budget Unit #0005 (General County Revenues).
5. Is there a reserve currently?
MITIGATION FEES: Mitigation Fee funds retained by the County that are not fully used each
fiscal year remain in the account for Organization #1581 and are included in recommended funding
allocations for the following year. The allocation amounts approved by the Board for 2014-15
included $404,656 of the FY 2013/14 total fund balance ($450,600). In accordance with Policy II.G,
less 20 percent of $1,100,000 is $220,000. Any Mitigation Fee revenue over expenses in one year
may be added to the amount made available in the following year.
FRANCHISE SURCHARGE: Any Franchise Surcharge revenue in excess of the FY 2014-15
funding allocation amounts for the individual budget units shown in the County Administrator’s
Office memorandum dated August 21, 2014 (Exhibit A) are to be deposited into the General County
Revenues fund. Exhibit H shows that the estimated balance at the end of FY 2013-14 was zero (any
excess is held in the General Fund account).
CONSEQUENCE OF NEGATIVE ACTION:
None.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Tables 1 & 2- Keller Canyon Landfill Franchise Surcharge & Mit. Fee Revenue
Exhibit A - Distribution of FY 2014/15 KCL Surcharge Revenue
Exhibit B - FY 2014/15 KCMF Allocation Plan
Exhibit C - KCMF Policy
Exhibit D - Allocation of Keller Mitigation Fees to City of Pittsburg
Exhibit E - Establishment of LEA Fee
Exhibit F - Establishment of AB939 Fee
Exhibit G - Bailey Road Surcharge Board Order
Exhibit H: Special Revenue Factsheet for KCL Surcharge/Mitigation Fee
Table 1 COUNTY FEES/SURCHARGES COLLECTED AT KELLER CANYON LANDFILL Surcharge/Fee Type Purpose Administering Agency/Department Authorizing DocumentsExhibit Franchise Surcharge1 (varies based on gate rates) Allocated for Various Purposes in County Budget (including but not limited to General Fund, County Recycling Center & Code Enforcement) Various Departments FY 14‐15 CAO Memo8/21/2014A Mitigation Fee ($1.75/ton) Host Community Keller Canyon Mitigation Fund Review Committee FY 14‐15 Board Report8/12/20142011 KCMF PolicyB C Mitigation Fee ($1.25/ton) Host Mitigation Fee City of Pittsburg Board ReportJuly 16, 1996D LEA Fee ($1.25/ton) Monitoring & Enforcement Contra Costa Environmental Health Board OrderDecember 20, 1988E AB939 Fee ($0.15/ton) Countywide Recycling Hotline & Reporting Department of Conservation & Development Board OrderNovember 14, 1989F Bailey Road Improvement Disposal Surcharge ($0.32/ton) Reimbursement for City/County Road Improvements Keller Canyon Landfill (reimbursement) Board ReportJuly 27, 2010G Bailey Road Maintenance Disposal Surcharge ($0.68/ton) Future Road Maintenance (County/City) County Public Works Department (City of Pittsburg JEPA) 1 See attached Table 2 for the amount received to date for FY 2014‐15. Total received in FY 2013‐14 was $1,914,945.68
Table 2 KELLER CANYON LANDFILL FRANCHISE SURCHARGE & MITIGATION FEE REVENUE 2 Any amounts received in excess of the FY 2014‐15 funding allocations for individual budget units shown in the County Administrator’s Office memorandum dated August 21, 2014 (Exhibit A) are General Funds to be deposited into the General County Revenues fund. Exhibit H is a Special Revenues factsheet prepared for FY 2013‐14 with general background information about the Franchise Surcharge and Mitigation Fee. 2014-15 Tons Disposed County Franchise Surcharge (with Mitigation Fee) Surcharge (Average Per Ton Equivalent with Mitigation Fee) County Franchise Surcharge (Remainder after deducting Mitigation Fee) Surcharge (Average Per Ton Equivalent without Mitigation Fee) Mitigation Fee ‐ City ($1.25/ton) Mitigation Fee ‐ County ($1.75/ton) July 65,255.22 $ 373,392.99 $ 5.72 $ 177,627.33 $ 2.72 $ 81,569.03 $ 114,196.64 August 64,459.60 $ 370,358.71 $ 5.75 $ 176,979.91 $ 2.75 $ 80,574.50 $ 112,804.30 September 64,128.47 $ 375,039.00 $ 5.85 $ 182,653.59 $ 2.85 $ 80,160.59 $ 112,224.82 October 73,650.07 $ 399,439.32 $ 5.42 $ 178,489.11 $ 2.42 $ 92,062.59 $ 128,887.62 November 61,168.55 $ 357,603.32 $ 5.85 $ 174,097.67 $ 2.85 $ 76,460.69 $ 107,044.96 December 62,886.04 $ 357,220.92 $ 5.68 $ 168,562.80 $ 2.68 $ 78,607.55 $ 110,050.57 January 72,888.84 $ 425,310.41 $ 5.84 $ 206,643.89 $ 2.84 $ 91,111.05 $ 127,555.47 February 58,618.91 $ 335,009.82 $ 5.71 $ 159,153.09 $ 2.71 $ 73,273.84 $ 102,853.09 March $ ‐ $ ‐ $ ‐ $ ‐ April $ ‐ $ ‐ $ ‐ $ ‐ May $ ‐ $ ‐ $ ‐ $ ‐ June $ ‐ $ ‐ $ ‐ $ ‐ TOTALS 523,055.70 $ 2,993,374.49 $ 1,424,207.39 $ 653,819.84 $ 915,617.47 Amount Allocated by Budget Unit (see FY 2014‐15 CAO Memo) $ 459,420.00 $ 1,100,000.00 Remainder to General County Revenues 2 $ 805,634.30
EXHIBIT A
EXHIBIT A
RECOMMENDATION(S):
1. APPROVE the FY 2014/15 Keller Canyon Mitigation Fund (KCMF) allocation plan in the amount of $1,284,656
for specified projects as recommended by the KCMF Review Committee (Exhibit A); and
2. AUTHORIZE the Department of Conservation and Development (DCD) Interim Director, or designee, to enter
into contracts with the nonprofit and public agencies as specified in Exhibit A for the period July 1, 2014 through
June 30, 2015.
FISCAL IMPACT:
No General Funds - 100% Keller Canyon Landfill Mitigation Funds. The FY 2014/15 KCMF allocation plan is
consistent with the KCMF policies adopted by the Board of Supervisors on May 24, 2011 including: (1) the
projected FY 2014/15 revenue amount is based on the trend over the last several years; (2) staff has considered any
anticipated changes in the amount of waste expected to be deposited at the Keller landfill site during the year; (3) the
projected revenue amount has been reduced by 20 percent to reduce the likelihood that proposed expenditures will
exceed actual revenue. The amount proposed to be allocated includes $404,656 of the FY 2013/14 total fund balance
($450,600), which is also consistent with KCMF policies (Policy IIG).
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 08/12/2014 APPROVED AS
RECOMMENDED
OTHER
Clerks Notes:
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: Bob Calkins, (925)
674-7877
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: August 12, 2014
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 95
To:Board of Supervisors
From:John Kopchik, Interim Director, Conservation & Development Department
Date:August 12, 2014
Contra
Costa
County
Subject:FY 2014/15 Keller Canyon Mitigation Fund (KCMF) Proposed Allocation Plan
EXHIBIT B
BACKGROUND:
In 1990, the Board of Supervisors (Board) approved the Keller Canyon Landfill land use permit and franchise
agreement which included the establishment of three fees to mitigate the following impacts of the landfill: traffic
generated on the County's road system, the impacts of the landfill on open space, existing and proposed
recreational facilities, and agricultural land, and general impacts of the landfill upon the surrounding community.
The Keller Canyon Mitigation Fund (KCMF) process was established in August 1992, and the first allocation of
funds occurred in November 1992. In 1994 the Board amended the land use permit and the franchise agreement to
combine the above mitigation fees, as well as to provide additional flexibility in the use of funds, specifying that
the fee shall be used by the Board in its sole discretion. The current program/project/service categories considered
for funding include: youth services, code enforcement, public safety, community beautification, and community
services.
On May 24, 2011 the Board approved new policies governing the implementation and administration of the
KCMF. The FY 2014/15 allocation process is the fourth year that the new policies governed the process. Listed
below are the applicable policies and a description of how they were applied during the FY 2014/15 allocation
process:
1. Policy IA: The composition of the KCMF Review Committee shall include the following individuals: District
V Supervisor, District V Chief of Staff (or other person assigned by the Supervisor), a representative of the Bay
Point Municipal Advisory Committee (MAC) appointed by the Bay Point MAC, a Principal (or other senior
school official) from a school located in the Bay Point area, and a representative from the Bay Point Chamber of
Commerce. The representatives from the MAC, Bay Point area school, and Chamber of Commerce shall be
appointed to minimum two year terms.
Action: The KCMF Review Committee was comprised of the District V Supervisor, Federal D. Glover; Chief of
Staff, David E. Fraser; Bay Point Municipal Advisory Committee Member, Vicki Zumwalt; and Bay Point
Chamber of Commerce Representative, Shah Khurram. As was the case since the inception of the KCMF
Committee, recruitment of the school representative was unsuccessful. The Committee is considering other
options to fill this seat and is expected to return to the Board with specific recommendations.
2. Policy ID: The KCMF Review Committee’s funding recommendations shall be guided by the KCMF Target
Area Map that establishes “Primary” and “Secondary” target areas for the use of KCMF funds. 100 percent of
KCMF funds shall be used for programs/projects/services directly serving those within the “Primary” and
Secondary” target areas. In addition, no less than 70 percent of the KCMF funds shall be used to fund
programs/projects/services directly serving those in the “Primary” target area.
Action: The KCMF Review Committee's proposed FY 2014/15 funding recommendations result in 89 percent of
the funds being used for programs/projects/services that will directly serve those residents in the "Primary" target
area.
3. Policy I E: Funding recommendations from the KCMF Review Committee shall be presented at a Board of
Supervisors regularly scheduled meeting. The Board Order will list all of the applicants, the amount of funding
requested, the amount recommended, and a short description of the proposed program/project and the proposed
outputs and/or outcomes.
Action: See Exhibits A and B.
4. Policy IIA: To increase the public’s knowledge on how, where, and when to apply for KCMF funding, the
funding timeline, request for proposal (KCMF application), and other applicable materials shall be placed on the
District V and County websites. The websites shall also allow organizations and interested persons to add their
contact information to ensure notification on matters related to KCMF.
Action: The Supervisor's office and DCD staff engaged in a comprehensive outreach effort to notify the public of
EXHIBIT B
the availability of funds. In addition to posting the Request for Proposals (RFP) and application on the County's
website, emails announcing the RFP were also sent to DCD's email notification list used for its CDBG program,
and to previous KCMF applicants. In addition, a "Bidders Conference" was held on April 24, 2014 to inform
potential applicants of the application requirements, process, and timeline. KCMF applications were due on May
23, 2014. A total of 114 applications and requests for funding were submitted by the deadline. The KCMF
Review Committee met on five separate occasions to review the applications, interview applicants, and develop
final funding recommendations.
5. Policy IIC: To ensure the tax exempt status of a nonprofit agency requesting funds is valid and in good
standing, KCMF applicants shall submit their current non-profit status determination letter from the IRS, a copy
of their most recent tax return, and the printout from the California Business Portal (http://kepler.sos.ca.gov/).
Action: Any application that did not contain the requisite documents, including the printout from the California
Business Portal, was deemed to be incomplete and therefore not accepted.
6. Policy IIF: Any deficit in the KCMF fund after the end of each fiscal year shall be eliminated by allocating the
necessary amount from next year’s projected revenue.
Action: Not applicable. The KCMF had a FY 2013/14 fund balance in excess of $449,000.
7. Policy IIG: When estimating the amount of KCMF funds to be made available for projects in future fiscal
years, staff shall analyze the revenue trend lines from previous years and the KCMF Review Committee shall
only allocate 80 percent of the anticipated revenue for the upcoming year. This protocol will reduce the likelihood
that expenses will be greater than actual revenue received during the year. Any revenue over expenses in one year
may be added to the amount made available in the following year.
Action: Based on the current information available, staff is using the same revenue estimate as used last year -
$1,100,000 even though the total revenue received in FY 2013/14 was approximately $100,000 over the estimate.
The below table shows how the amount available to allocate in FY 2014/15 was determined:
FY 2013/14
Revenue/Expenses
FY 2013/14 Actual Revenue $1,233,438
FY 2012/13 Fund Balance 417,561
Total Available (a)$1,650,999
FY 2013/14 Actual Expenses $1,166,766
FY 2013/14 Accrued Expenses 33,623
Total Expenses (b) $1,200,399
FY 2013/14 Fund Balance (a-b)$450,600
FY 2014/15 Projected
Revenue/Expenses
FY 2014/15 Projected Revenue $1,100,000
Less 20% (per KCMF Policy II.G (220,000)
Subtotal $880,000
FY 2013/14 Fund Balance 450,600
Total Available to Allocate (c)$1,330,600
FY 2014/15 Proposed Allocation (d)$1,284,656
FY 2014/15 Unallocated Funds (c-d)$45,944
EXHIBIT B
The KCMF Review Committee has recommended not allocating all of the FY 2013/14 fund balance at this time,
and is holding $45,944 in reserves. If during the year, one or more of the funded agencies is in need of additional
funds to complete and approved program/project or a new program/project emerges, the Committee will
reconvene to consider any request(s) for additional funding up to the amount held in reserve and return to the
Board with any funding recommendation(s).
CONSEQUENCE OF NEGATIVE ACTION:
Not approving the recommended allocations will result in delays in implementing important projects/programs
that directly benefit the residents of the KCMF target areas.
CHILDREN'S IMPACT STATEMENT:
The recommended projects/programs support at least one of the five community outcomes established in the
Children's Report Card.
ATTACHMENTS
Exhibit A - Proposed FY 2014/15 KCMF Allocation Plan
Exhibit B - Summary of FY 2014/15 Applications/Funding Recommendations
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT B
EXHIBIT C
EXHIBIT C
EXHIBIT C
EXHIBIT D
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT G
EXHIBIT G
EXHIBIT G
EXHIBIT H
Special Revenue: Keller Canyon Landfill Surcharge and Mitigation Fees
Authority to
Collect:
1992 Board Order and 1994 Franchise Agreement, as
amended; 1994 Land Use Permit amendment
Source of Funds: Keller Canyon Landfill Company (Republic Services). Revenue
received monthly and allocated on a fiscal year basis. Current
surcharge amount established by the County in 1994. This
25% surcharge is calculated based on base rate revenue
received by Keller Canyon Landfill. Surcharge payments
include the $3 per ton Mitigation Fee, $1.75 per ton is for the
District V administered Landfill Mitigation Fund and $1.25 per
ton is for City of Pittsburg Mitigation fund (1996 Board Order).
Balance of 25% Surcharge is deposited in the County General
Fund and allocated to various County Departments. See
binder tab # 3 for 25% Surcharge applied to waste transferred
through the Contra Costa Transfer & Recovery Station.
In 1992, the County adopted a $43.05 interim gate rate for the
Keller Canyon Landfill. Note: Host Community Mitigation Fee
was not originally required by the conditions of approval of the
land use permit.
Purpose of Funds
at Genesis:
The surcharge was general purpose revenue and has been
allocated for County department operations.
The original 1992 Board Order specified that the mitigation
funds can be used for a list of items; item #5 broadly specified
'Other program and services to the citizens of Contra Costa
County'. The Board later designated that the funds should be
used to mitigate effects of landfill site by funding community-
based organizations and County Departments for programs in
the following areas:
a. Youth Services
b. Code Enforcement
c. Community Beautification
d. Public Safety
e. Community Services
The 1994 amendment to the Land Use Permit specified that
"the fee shall be used as directed by the Board in its sole
discretion: 1) to mitigate general impacts of the Landfill-
generated traffic on the County's road system, 2) to mitigate the
general impacts of the Landfill on open space, existing and
proposed recreational facilities, and agriculture, or 3) to mitigate
any general impacts of the Landfill upon the surrounding
community.”
EXHIBIT H
Level of Board
Discretion Over
Use of Funds:
The Board has complete discretion over the surcharge funds
and broad discretion over use of the mitigation funds within or to
benefit the community surrounding the landfill.
Method of
Disbursement:
In May 2011, the Board of Supervisors approved new policies
governing the administration of the Keller Canyon Mitigation
Fund (KCMF) including requiring the establishment of the
KCMF Review Committee who makes funding
recommendations for the use of the mitigation funds. The
Committee’s recommendations are considered by the Board of
Supervisors on a yearly basis (typically in August). The
Department of Conservation and Development provides staff
support to the KCMF Review Committee.
The County Administrator's Office makes recommendations to
the Board of Supervisors through the annual budget proces s for
the use of the surcharge funds.
Current Estimated
Balance:
$ 0 surcharge (these are General Fund dollars any
excess falls into 0005 balance at year end)
$ 450,600 mitigation
Annual Estimated
Revenue:
$ 1,915,000 (surcharge)
$ 1,233,000(mitigation fee $1.75/ton)
$ 1,456,000 (General purpose revenue: 0005:9122)