HomeMy WebLinkAboutMINUTES - 12151987 - 2.11 CGRRfCTFD COPY PLEPSE a //
DESTROY PREVIOUS ISSUE
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this order on December 15, 1987, by the following vote:
AYES: , Supervisors Powers, Fanden, Torlakson and McPeak
NOES: None.
ABSENT: Supervisor Schroder
ABSTAIN: None.
SUBJECT: In the Matter of the RESOLUTION NO. 87/758
Acme Fill Waste Recovery
and Transfer Station
General Plan Amendment
(GPA 9-87-CO)
The Board of Supervisors of Contra Costa County resolves
that:
There is filed with this Board and its Clerk a copy of Reso-
lution 61/198 / adopted by the County Planning Commission on
November 17 , 1987 , recommending an amendment to the County Gener-
al Plan (and the approval of a Land Use Permit) to accommodate
the Acme Fill Waste Recovery and Transfer Station. The County
Planning Commission' s resolution is accompanied by a findings
document which provides findings pertaining to the project' s
Environmental Impact Report, the subject General Plan Amendment,
and the project' s Land Use Permit. The County Planning Commis-
sion` s resolution is also supported by a staff report, dated
September 21, 1987 , recommending approval of the project.
on December 1, 1987 , the Board held a public hearing on the
General Plan Amendment (and the Land Use Permit) for the project.
Notice of the hearing was given in the manner required by law.
The Board at the hearing received an oral report by the County
Community Development Department indicating that both the County
Planning Commission and County staff recommended approval of the
General Plan Amendment (and the Land Use Permit) . The Board
called for testimony of all persons interested in this matter.
The applicant' s representative presented the project and spoke in
favor of its approval. Two other persons also gave testimony.
At the conclusion of testimony at the December 1, 1987 ,
hearing, the Board closed the hearing, deliberated the matter,
directed staff to prepare certain additional Land Use Permit con-
ditions of approval, approved the General Plan Amendment and Land
Use Permit in concept, and by a vote of 4 - 0 continued the items
to December 15 , 1987, for decision.
On December 15, 1987 , the Board, having received revised
Conditions of Approval from staff, adopted the General Plan
Amendment (and Land Use Permit) by the vote indicated above.
The adopted General Plan Amendment consists of the attached
text, identified as Exhibit A71 and a Plan map (diagram) , identi-
fied as Exhibit A-l.
RESOLUTION NO. 87/758
Z .
Prior to approving the subject General Plan Amendment, the
Board found that the project could, without mitigation, have sig-
nificant effects on the environment, and found that the project' s
Environmental Impact Report was prepared and processed in compli-
ance with the California Environmental Quality Act (CEQA) and
with the state ' s and the County' s CEQA Guidelines . In the course
of approving the subject General Plan Amendment . (and the Land Use
Permit) the Board adopted CEQA findings, included in the findings
document referenced above, which identified significant environ-
mental_ impacts, mitigation measures to reduce these impacts to
i.ns:fgnificance , and " the means of their implementation by the adopted
project . -
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Superv!, on the date shown.
ATTESTED: - � 7 —
PHIL BATCHELOR, Clerl;of the Board
of Supervisors and County Administrator
py Deputy
cc: Community Development Director
County Counsel
County Administrator
Acme Fill Corporation
EXHIBIT A-1
GENERAL PLAN AMENDMENT
ACME FILL WASTE RECOVERY AND TRANSFER STATION
The Contra Costa County General Plan is amended as provided below:
1. REFUSE DISPOSAL PLAN
A. Add to the Present Facilities and Future Needs Text (Page 22) :
"Acme Fill Waste Recovery and Transfer Station." A solid waste
recovery and transfer station, which may also include pay booths,
scales and a gate house, may be located on an approximately 25-acre
site, depicted on the attached map, in accordance with a Land Use
Permit's Conditions of Approval adopted by the County Board of
Supervisors. Ancillary facilities such as roads, a recycling drop-off
facility, and recyclables storage areas may be sited on the adjacent
landfill property.
The waste recovery and transfer station is intended to process a
non-hazardous residential-commercial-industrial wastestream (wastes
normally allowed in a Class III landfill under the terms of Subchapter
15, Chapter 3, Title 23 of the 1984 California Administrative Code) .
This facility is generally intended to serve Central Contra Costa
County, but the provision of service to other portions of Acme Fill
Corporation's service area such as the Rodeo Sanitary District,
Antioch, and Benicia (the latter is located in Solano County) is
deemed consistent with this amendment. Other portions of the County
may, be served if consistent with the County Solid Waste Management
Plan.
The word "processing" includes but is not limited to waste separation,
waste reduction, recycling, resource recovery, receipt, and transfer
of waste, but does not include incineration."
B. Add the attached figure entitled "Plan Map -- Acme Fill Waste Recovery
and Transfer Station" to the General Plan and said figure is
incorporated herein by reference.
C. An interim transfer facility (open pad) may be located: (1) in the
immediate vicinity of the permanent transfer station's access road on
the 125-acre north parcel; or (2) on the 97-acre parcel; or (3) in
the northeast corner of the 125-acre parcel (while the permanent
station is being built) ; and it shall be operated in accordance with
the Land Use Permit's Conditions of Approval. The interim facility is
intended to be a temporary use (less than two years) . It may commence
operation when Acme Land Fill begins to curtail its normal receipts of
solid waste on or before June 1989 and thence operate until the
permanent station is constructed and in operation in accordance with
the Conditions of Approval.
2.
2. LAND USE ELEMENT
Add a new section to the Land Use Element which reads:
"Adopted Refuse Disposal Facilities
The following Refuse Disposal Facilities are consistent with the Land Use
Element and their site areas are deemed to be overlays on the Land Use
Element Plan Map:
1. Refuse Disposal Facilities approved prior to January 1, 1983, by the
Board of Supervisors in General Plan Components and Land Use Permits
(includes West Contra Costa Sanitary Landfill, and the IT
Corporation's Baker, Pacheco, and Vine Hill facilities) .
2. Refuse Disposal Facilities approved by General Plan Amendments adopted
subsequent to January 1, 1983, by the Board of Supervisors. These
are: Acme Fill Waste Recovery and Transfer Station, adopted December
15, 1987."*
*Thi s-seetien-is-largely-inelt:ded-in-the-Kirker-Pas s-Waste-Management-hand€ill
and-the-East -Sentra-East&-Sanitary-hand€ill-Genera}-Plan -Amendments-ahieh -are
eurrentlq-before-the-Beard -of-Stipervisers. --I€-either-is-adapted; -it-may-only
be-neeessary-to-add-the-Aeme-Fill-Waste-Reeeverp-and-Transfer-Station-te -Item
APPROVED BY THE CONTRA COSTA COUNTY PLANNING COMMISSION, November 17, 1987.
APPROVED BY THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS, December 15, 1987.
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EXHIBIT A-2
GENERAL PLAN AMENDMENT
ACME FILL WASTE RECOVERY AND TRANSFER STATION
Part of the Refuse Disposal Plan and
Land Use Element (Plan Map Overlay)
of the Contra Costa County General Plan
as cre
Wate'ct%o go \` of cid
Acme Landfill
• dtP �\•.
rbf �
North \
o \ IT Core
soorZET
Martinez
Gun Club
�rN *SAS`Y� :�::;;!�:>r>i::`' :':':• „�� � .
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waste Recovery and Transfer Station Disposal Facility
Approved by the Contra Costa County Planning Commission
November 17, 1987.
Adopted by the Contra Costa County Board of Supervisors
December 15, 1987.
I hereby certify that this amendment to the
Contra Costa County General Plan was adopted
by the Board of Supervisors on December 15, 1987
Phil Batchelor, Clerk of the Board of
Supervisors and
" County Administrator
By:_ (�/ gy4o¢ , Deputy
A. PsepW
TO; BOARD OF SUPERVISORS
FROF1 ' Harvey E. Bragdon, Contra
Director of Community Development Costa
DATE' December 15, 1987 CO^
SUBJECT: Determination on the Acme Fill Waste Recovery and Transfer
Station Project, Consisting of a General Plan Amendment ( County
File No. GPA 9-87-CO) and a Land Use Permit (County File No.
2122-86) in the Unincorporated Martinez Area Near Vine Hill.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt this Board Order approving the following set of actions on "
the Acme Fill Waste Recovery and Transfer Station, which the
Board approved in concept on December 1, 1987 :
a. . Accept the Contra Costa County Planning Commission' s cert-
ification of the project' s Final Environmental Impact Report
and the Commission's findings on the Final Environmental
Impact Report (Attachment I to Commission Resolution No.
61/1987 ) as adequate. .
b. Adopt General Plan Amendment No. 9-87-Co (Exhibit A, attach-
ed) and its findings (Attachment II ) .
C. Approve Land Use Permit No. 2122-86 (Exhibit B, attached) ,
including its Conditions of Approval (Revised Exhibit C,
attached) and its findings (Attachment III ) .
d. Adopt the Contra Costa County Planning Commission' s reasons,
referenced in Commission Resolution No. 61/1987 , as the
Board' s determinations for this project.
BACKGROUND
The Board of Supervisors on December 1, 1987, approved the above
set of actions in concept by a unanimous vote of all who were
present (Supervisor Schroder was absent) . The motion to approve
was made by Supervisor Fanden, seconded by Supervisor Toriakson
and stated for decision by the Chair, Supervisor McPeak. The
Board' s action directed staff to prepare certain revisions and
additions to the Land Use Permit' s Conditions of Approval; par-
ticularly, to prepare provisions which would enable the Board to
consider a subsequent Development Agreement for the project. The
revisions and additions are described in a memorandum to the
Board from the Director of Community Development dated December
111 1987, and are included in the revised. version of the Land Use
Permit' s conditions of Approval dated December 15, 1987.
CAZ: jn: bc:acme.brd
CONTINUED ON ATTACHMENT: _ YES SIGNAT UR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION F OARD COMMITTEE
APPROVE OTHER
SIGNATURE S : y �/
ACTION OF BOARD ON December 15, 1937 APPROVED AS RECOMMENDED ^ OTHER ^
In approving the above recommendations, the Board also REFERRED to the Community
Development Department for report the issue addressing the equity of the impact of the
cost on the area served by the transfer station as it relates to the distribution of the
benefits of the programs.
VOTE OF SUPERVISORS -
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT III AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Orig. Dept. Community Develop.
cc: County Counsel ATTESTED December 15, 1937
County Administrator ' s office PHIL BATCHELOR, CLERK OF THE BOARD OF
Acme Fill Corporation via CDD SUPERVISORS AND COUNTY ADMINISTRATOR
a �. ._
INDEX OF APPROVAL DOCUMENTS
ACME FILL WASTE RECOVERY AND TRANSFER STATION
FOR BOARD OF SUPERVISORS' DETERMINATION, DECEMBER 15, 1987
(1) Board of Supervisors' Board Order
- Preceding
(2) Memorandum on Special Conditions, December 11, 1987
Attached
' (3) Final Environmental Impact Report
- Draft Environmental Impact Report, July, 1987
Previously transmitted
- Final Environmental Impact Report Response Document, Sept. 1987
Previously transmitted
- Addendum, Final Environmental Impact Report, October 1987
Previously transmitted
(4) Planning Commission Resolution 61%1987, November 17, 1987
- Attached
(5) General Plan Amendment #9-87-CO
- Exhibit A, (to Resolution 61/1987) , attached
. (6) Land Use Permit #2122-86
Exhibit B (to Resolution 61/1987) , attached
(7) Land Use Permit #2122-86 Conditions of Approval
Exhibit C (to Resolution 61/1987) , attached, with revisions
described in item #2, above
(8) Findings Document
- Final Environmental Impact Report Findings
Attachment I (to Resolution 61%1987) , attached
- General Plan Amendment #9-87-CO Findings
Attachment II (to Resolution 61/1987) , attached
- Land Use Permit #2122-86 Findings
Attachment III (to Resolution 61/1987) , attached
! (9) Contra Costa County Community Development Department Staff Report
(to County Planning Commission), September 22, 1987
Previously transmitted
(10) Contacts and Notification List (as of November 17, 1987)
- Previously transmitted
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CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Board of Supervisors ATE: December 11, 1987
FROM: Harvey Bragdon
Director of Community Development
SUBJECT: Special Conditions of Approval
Acme Fill Waste Recovery and Transfer Station
This memorandum responds to the Board of Supervisors' direction, given on
December 1, 1987, for staff to prepare certain new or revised conditions of ap-
proval for the Acme Fill Waste Recovery and Transfer Station project. These
conditions pertain to the implementation of a County Waste Management Program
and, in most cases, parallel or relate to special conditions recently developed ,
for the landfill projects currently before the Board.
Part I identifies new or modified conditions proposed to be included in the
Transfer Station's Land Use Permit Conditions of Approval and indicates, where
appropriate, their approximate annual costs.
Part II provides wording for the proposed Land Use Conditions and shows the
changes made to those conditions which were referred by the County Planning
Commission. The new and modified conditions have been added to the set of Land
Use Conditions of Approval accompanying the December 15, 1987 Board Order
adopting the Transfer Station.
Part III identifies conditions which would be implemented through a future
Development Agreement.
Part IV identifies waste management programs related to the Transfer Station
which would be implemented by other means.
PART I -- SUMMARY SPECIAL LAND USE PERMIT CONDITIONS OF APPROVAL
Implementation Annual Cost
Section 4, Permit Review
4.1 Permit Review. LUP Condition General
Revised Condition Administrative Cost
Section 8, Administration
8. - Development Coordinator LUP Condition $50,000
New Condition
8. - Rate Approval LUP Condition
New Condition & Development Agreement $20,000
Board of Supervisors
Page 2
December 11, 1987
8. - Pre-annexation Notification LUP Condition Not Available
New Condition (Applicant's Cost)
Section 12, Resource Recovery
12.6 Composting Pilot Project LUP Condition Not .Available
Revised Condition (Applicant's Cost)
12.1 Resource Recovery Manager LUP Condition $100,000
New Condition
Section 13, Hazardous Waste
13.2 & 3 Household Hazardous LUP Condition Not Available
Waste Program (Applicant's Cost)
Existing Conditions
Section 15, Development & Improvements Plan
15.- Development Agreement LUP condition General
New Condition Administrative Cost
Section 17, Architectural Design Plan .
17.5 Seismic Criteria LUP Condition Not. Available
Revised Condition Applicant's Cost;
General (minor)
Administrative Cost
Section 22, Noise Control
22.3 Irene Drive Sound Wall LUP Applicant's
Revised Condition Condition Cost
22.4 Martinez Gun Club Sound Wall LUP Applicant's
Revised Condition Condition Cost
New.Conditions (To Be Numbered)
Road Material Storage LUP Not
New Condition Condition Available
Abandoned Vehicle Storage LUP _ Not
New Condition Condition Available
Board of Supervisors
Page 3
December 11, 1987
PART II -- SPECIAL LAND USE PERMIT CONDITIONS OF APPROVAL
4.1 (Permit Review)
The -Eoanty -P+&nnfng -Eommission -sha}} -ho+d -a -pdb++e -hearing -to -review -the
Conditions-of-Approva}-for-this-Land-Use-Permit-as-near-to-its-first-year-anni-
versery-date-from-commeneement-of-operations-of-the-Transfer-Station-as-practic-
ab+e---t=hereafter;-the-6oanty-P+anning-Eommrssren-sha++-ho}d-pub+ie-hearings-on
the -hand -Use -Permit-at-three -year-interva}s -while-the -Transfer-Station -is -in
operation- --As -a -resa+t -of -a -review -and -pab}fie -hearing; -the -Eottnty -Panning
Commission-may-recommend-to-the-Board-of-Saervisors-new-or-modified-eonditions-
Nothing -in -this -condition -shall -preclude -the -Transfer -Station -owner -from
applying -for -amendments -to -the -Land -Use -Permit -at -any -time -or -pree}ade -the
Eoanty-from-addressing-emergeney-situations-or-new-rega4rements-imposed-by-state
+egis+&tion-or-the-eearts-
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 Transfer Station.
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 and safety. Nothing in this condition shall preclude the Transfer
Station 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 legislation or the courts.
8.--(Administration)
New Condition
Development Coordinator. The Transfer Station owner shall provide monies to
support a County Transfer Station Development Coordinator, if the County estab-
lishes the position, through the first year of Station operations. A
pre-payment covering the last six months or service shall be made when requested
by the County. Thereafter, the owner may make quarterly advance payments. The
owner shall not be obligated to fund Coordinator costs in excess of $50,000 per
year at 1987 levels, except for the above six-month pre-payment which shall be
made at the start of the first year.
The Transfer Station 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 requirement for additional studies
shall be subject to the approval of the County's Director of Community
Development.
Board of Supervisors
Page 4
December 11, 1987
8.--(Administration)
New Condition
Rate Approval . The disposal rates charged by the Transfer Station operator
shall be subject to the approval of the County if the County establishes a rate
review program.
8.'--(Administration)
New Condition
Pre-annexation Notification. If the owner decides to request annexation of the
Transfer Station 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 owner to consult with it or County staff to determine how
solid waste management programs specified in these Conditions of Approval , or in
a Development Agreement with the County, would be carried out subsequent to an-
nexation.
12.6 (Resource Recovery)
eompestTmg- --The -Transfer -Statrem -operator -sha+l• -met -#msta}+ -a -eempostimg
fact}Ttq-en-the-Transfer-9tatten-s4te;-bat-ts-eneearaged-te-estab�rsh-one-en-the
adjo+mtmg-+amdf4++-stte7
Composing Pilot Project. The Transfer Station Operator shall propose and im-
plement a pilot project for composting a portion of the organic material brought
to the Station. The composting facility shall be placed on the adjoining Acme
landfill site at a location approved by the County Community Development Depart-
ment. Alternatively, the Transfer Station Operator may utilize the a composting
facility at a County landfill or other County-approved location. If
practicable, the compost shall be used initially as a soil amendment for
Transfer Station landscaping. The pilot project shall be approved by the County
Community Development and Health Services Department and shall be subject to
regulatory agency approvals. The operator shall submit a proposal for the pilot
project within one year after receiving waste at the Transfer Station, and shall
implement the project within one year of its approval . Its status shall be
considered at the next Land Use Permit review.
12. (Resource Recovery)
New Condition
County Resource Recovery Management Program. When requested by the County, the
Transfer Station owner shall provide annual advance funding to support a County
Resource Recovery Management Program consisting of the Office of Resource
Recovery Manager and its program. The cost of the program shall not exceed
T100,000 at 1987 levels.
Board of Supervisors
Page 5
December 11, 1987
The Transfer Station owner may recover funds provided to the County in advance
of the opening of the station through subsequent rate adjustments or surcharges
approved by the County. If the County approves new landfills or other solid
waste disposal facilities, it may provide for the new facilities to wholly or
partially support the County Resource Recovery Management Program.
13.2 & 3 (Hazardous Waste)
Note. Staff believes the following already-proposed conditions are adequate to
achieve the Board's intentions:
Household Hazardous Waste Program. If consistent with the County Hazardous
Waste Management Plan, the Transfer Station operator shall develop a household
hazardous waste disposal program. The operator is encouraged to develop the
program in cooperation with other waste management services. The proposed pro-
gram, along with a schedule of proposed costs and funding sources, shall be sub-
mitted to the County Community Development Department within 1 year of the open-
ing of the Transfer Station. If the household hazardous waste program (or a
version of it) is approved by the County Board of Supervisors, and the program
is funded, the Transfer Station operator shall implement it. The Transfer
Station household hazardous waste program shall include a program approved by
the County Health Services Department. for notifying facility users and house-
holds in its service area of what constitutes hazardous wastes and how such
wastes are to be disposed of.
Regulatory Agency Approvals. The collection and storage of toxic and hazardous
wastes pursuant to this section, shall be subject to regulatory agency approvals
and shall be consistent with the County waste management plans.
15. (Development and Improvement Plan)
New Condition
Development Agreement. The Transfer Station developer shall not commence the
installation of any physical improvement of the permanent Transfer Station,
including any off-site improvement until a Development Agreement has been
approved by the Board of Supervisors. The Director of Community Development
may, however, allow the Interim Transfer Station to proceed or allow an in-
stallation covered in an approved Development and Improvements Plan to proceed
on a case-bay-case basis if that improvement is necessary for reason of safety,
compliance with laws or regulations, or the prevention of excessive delay. The
Development Agreement may be executed following the approval of the Development
and Improvement Plan.
The Development Agreement may require the Transfer Station owner to financially
support waste management programs established by the County. Such programs may
include, but are not limited to, resource recovery, litter control , and public
education. It may provide for rate review and control if this program has not
been established ordinance or other means. It may allow the Transfer Station
operator to establish appropriate rates and surcharges to support the County' s
waste management programs and to contribute to the closure costs of a landfill
which has served the Transfer Station' s service area.
Board of Supervisors
Page 6
December 11, 1987
7.5 Architectural Design Plan
Seismic Criteria. Building and installations, including tanks, shall be
designed to withstand the Maximum Probable Earthquake anticipated for the loca-
tion. The determination of Maximum Probable Earthquake shall be subject to the
approval of the County's Planning Geologist.
22.3 (Noise Control)
Irene Drive Sound Wall . The Transfer Station developer shall install a sound
wall adjoining the rear lot lines of properties on the east side of Irene Drive.
1:he-seand-wa}}-sha��-be-at-feast-5-feet-ar-higher-than-the-estimated-heights-of
vertiea+-exhaust-stacks-of-transfer-vehie+es- The sound wall shall be a minimum
of 10 feet in height and at least 5 feet, or higher, than the estimated heights
of vertical exhaust stacks of transfer vehicles when the transfer trucks are in
the pit and moving parallel to the wall . - The sound wall shall extend at least
150 feet westerly along Arthur Road, extended, to further protect the Vine Hill
Neighborhood. It shall be installed prior to other construction to shield the
neighborhood from construction noise.
22.4 (Noise Control)
Martinez Gun Club Sound Wall . The Transfer Station developer shall install a
sound wall along the common boundary of the Transfer Station and the Martinez
Gun Club. fhe-seand-wa}}-sha}}-be-at-least-5-feet-or-higher-than-the-estimated
heights-of-aertiea}-exhaust-staeks-of-transfer-vehei}es- The sound wall shall
be a minimum of 10 feet in height and at least 5 feet, or higher, than the esti-
mated heights of vertical exhaust stacks of transfer vehicles when the transfer
trucks are in the pit and moving parallel to the wall .
New Condition (to be numbered)
Road Material Storage. The Transfer Station owner may provide to the County a
road material storage area of not less than 2 acres on the Acme Landfill site,
or other location acceptable to the County, as a substitute for the material
storage areas on the Waterfront Road right-of-way. The Transfer Station owner
may terminate the offer, upon one years' notice, if Waterbird Way is extended to
County-owned land south of the Acme Landfill . The road material storage area
shall comply with the California Environmental Quality Act, and shall be subject
to the approvals of regulatory agencies having jurisdiction.
New Condition (to be numbered)
Abandoned Vehicle Storage. The Transfer Station operator shall offer to provide
a 10 acre, or larger, area on the Acme landfill site for the storage of
abandoned vehicles awaiting salvaging. Alternatively, the Transfer Station
operator may provide the requisite abandoned vehicle storage area at another
location or participate with another landfill operator to satisfy this
condition. Alternative locations shall be approved by the County Community
Development Department. The abandoned vehicle storage area shall conform to
applicable land use, health, and safety regulations.
Board of Supervisors
Page 7
December 11, 1987
PART III -- PROGRAMS SUBJECT TO DEVELOPMENT AGREEMENT
(See proposed LUP Condition 15. Development Agreement)
Solid Waste Program Manager
Rate Review and Control (specific requirements)
General Litter Pick-Up
Public Education
Abandoned Vehicle Removal
PART IV PROGRAMS SUBJECT TO OTHER MEANS OF IMPLEMENTATION
County Landfill Management Committee (Board Order)
Solid Waste Planning (Existing Program)
Solid Waste Enforcement (Existing Program)'
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Board of Supervisors
Page 6
December 11, 1987
17.5 Architectural Design Plan
Seismic Criteria. Building and installations, including tanks, shall be
designed to withstand the Maximum Probable Earthquake anticipated for the loca-
tion. The determination of Maximum Probable Earthquake shall be subject to the
approval of the County' s Planning Geologist.
22.3 (Noise Control)
Irene Drive Sound Wall . The Transfer Station developer shall install a sound
wall adjoining the rear lot lines of properties on the east side of Irene Drive.
fhe-soand-wa}}-shal•�-be-at-feast-5-feet-er-higher-than-the-estimated-herghts-of
vertiea+-exhaust-stacks-of-transfer-vehie+es- The sound wall shall be a minimum
of 10 feet in height and at least 5 feet, or higher, than the estimated heights
of vertical exhaust stacks of transfer vehicles when the transfer trucks are in
the pit and moving parallel to the wall . The sound wall shall extend at least
150 feet westerly along Arthur Road, extended, to further protect the Vine Hill
Neighborhood. It shall be installed prior to other construction to shield the
neighborhood from construction noise.
22.4 (Noise Control)
Martinez Gun Club Sound Wall . The Transfer Station developer shall install a
sound wall along the common boundary of the Transfer Station and• the Martinez
Gun Club. fhe-soand-wa}}_sha}}-be-at-}east-5-feet-or-higher-than-the-estimated
heights-ef-vert+ea}-exhaast-staeks-of-tram sfer-vehei+es- The sound wall shall
be a minimum of 10 feet in height and at least 5 feet, or higher, than the esti-
mated heights of vertical exhaust stacks of transfer vehicles when the transfer
trucks are in the pit and moving parallel to the wall .
New Condition (to be numbered)
Road Material Storage. The Transfer Station owner may provide to the County a
road material storage area of not less than 2 acres on the Acme Landfill site,
or other location acceptable to the County, as a substitute for the material
.storage areas on the Waterfront Road right-of-way. The Transfer Station owner
may terminate the offer, upon one years' notice, if Waterbird Way is extended to
County-owned land south of the Acme Landfill . The road material storage area
shall comply with the California Environmental Quality Act, and shall be subject
to the approvals of regulatory agencies having jurisdiction.
New Condition (to be numbered)
Abandoned Vehicle Storage. The Transfer Station operator shall offer to provide
a 10 acre, or larger, area on the Acme landfill site for the storage of
abandoned vehicles awaiting salvaging. Alternatively, the Transfer Station
operator may provide the requisite abandoned vehicle storage area at another
location or participate with another landfill operator to satisfy this
condition. Alternative locations shall be approved by the County Community
Development Department. The abandoned vehicle storage area shall comply with
the California Environmental Quality Act and shall conform to applicable land
use, health, and safety regulations.
Board of Supervisors
Page 7
December 11, 1987
PART III -- PROGRAMS SUBJECT TO DEVELOPMENT AGREEMENT
(See proposed LUP Condition 15. Development Agreement)
Solid Waste Program Manager
Rate Review and Control (specific requirements)
General Litter Pick-Up
Public Education
Abandoned Vehicle Removal
PART IV PROGRAMS SUBJECT TO OTHER MEANS OF IMPLEMENTATION
County Landfill Management Committee (Board Order)
Solid Waste Planning (Existing Program)
Solid Waste Enforcement (Existing Program)'
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caz/speccond.mem
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RESOLUTION NO. 61/1987
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (YAACME) FOR THE
ACME FILL WASTE RECOVERY AND TRANSFER STATION, AND RECOMMENDING APPROVAL OF THAT
PROJECT'S GENERAL PLAN AMENDMENT REQUEST (GPA 9-87-CO) AND LAND USE PERMIT (LUP
2122-86)
WHEREAS, on August 19, 1986, the Acme Fill Corporation submitted to the
County Community Development Department a request for a Land Use Permit to
accommodate a proposed Acme Fill Waste Recovery and Transfer Station project;
and
WHEREAS, on August 19, 1986, Acme Fill Corporation submitted a Comprehen-
sive Project Description entitled "Acme Fill Waste Recovery and Transfer Station
Project Description/Report of Station Information" to the County Community
Development Department; and
WHEREAS, 30 days subsequent to the filing for a Land Use Permit and
submittal of a Comprehensive Project Description the County Community Develop-
ment Department accepted the application for Land Use Permit and its associated
Comprehensive Project Description, and
WHEREAS, the County Community Development Department prepared an Initial
Study in accordance with the California Environmental Quality Act (CEQA) ,
determined that the project would require an Environmental Impact Report (EIR) ,
issued a Notice of Preparation on September 4, 1986, sent 95 copies of the
aforementioned notice to potential responsible and trustee agencies, in accord-
ance with CEQA, and to other organizations, private parties and individuals
deemed to have a possible interest in the proposed project, and
WHEREAS, the County Community Development Department arranged for the
development of an Environmental Impact Report, and on October 28, 1986 obtained
Board of Supervisors' approval of the Environmental Impact Report' s consultant
contract; and
RESOLUTION NO. 61/1987
WHEREAS, on November 17, 1986, Acme Fill Corporation submitted to the
County Board of Supervisors a General Plan Amendment Application (County File
No. GPA 9-87-CO) to accommodate Acme Fill Corporation's proposed Waste Recovery
and Transfer Station project; and
WHEREAS, on December 2, 1986 the County Board of Supervisors' transmitted
the aforementioned County General Plan and County Solid Waste Management Plan
Amendment requests to the Director of the Community Development Department and
the County Solid Waste Commission; and
WHEREAS, the County Community Development Department administered the
preparation of a Draft EIR, filed a Notice of Completion on July 1, 1987, and
subsequently distributed the Draft Environmental Impact Report; and
WHEREAS, on August 11, 1987, the County Planning Commission held a public
hearing on the Draft Environmental Impact Report at which time all who wished to'
present testimony were heard, closed the hearing to oral testimony, and set
August 17, 1987, as the deadline to receive written testimony, and set September
22, 1987 for a decision on the Final Environmental Impact Report; and
WHEREAS, on September 17, 1987, the County Community Development Department
circulated a set of proposed Conditions of Approval which were discussed along
with the project's staff report by the County Planning Commission at its
September 22, 1987, meeting; and
WHEREAS, the County Community Development Department distributed a Final
Environmental Impact Report Response Document on September 18, 1987, and the
County Planning Commission at its September 22, 1987 hearing requested staff to
provide additional information, continued the matter to October 27, 1987; and
WHEREAS, on October 27, 1987, the County Planning Commission received an
EIR Addendum from staff, and having considered the record, approved the Final
Environmental Impact Report for the Acme Fill Waste Recovery and Transfer
- 2 -
RESOLUTION NO. 61/1987
Station consisting of the Draft Environmental Impact Report, the Response
Document and the aforementioned EIR Addendum; and
WHEREAS, Acme Fill Corporation, as previously mentioned, submitted applica-
tions for a General Plan Amendment and a Land Use Permit for a solid waste
transfer station, and the County Community Development Department scheduled the
items for public hearing by the County Planning Commission on September 22,
1987, and the opportunity was given to. those interested to comment on the
proposed project, and the County Planning Commission continued the hearing to
October 27, 1987; and
WHEREAS, on October 27, 1987, the County Planning Commission resumed its
continued public hearing from September 22, 1987, completed the taking of
testimony with the applicant's rebuttal , closed the public hearing, and received
an updated and annotated copy of the Conditions of Approval from staff; and
WHEREAS, on October 27, 1987 the County Planning Commission considered that
it was well informed to make decisions on the proposed project having processed
and certified . its Environmental Impact Report, having reviewed the project' s
written record, listened to oral testimony at the hearings previously noted in
this resolution, studied the environmental documents and staff reports, and
visited an operating solid waste transfer station (February 20, 1987) ; and
WHEREAS, on October 27, 1987 the County Planning Commission considered the
project, rendered its decision, and instructed staff to prepare this resolution;
and
, NOW, THEREFORE, BE IT RESOLVED:
That the County Planning Commission having found on October 27, 1987 that
the Final Environmental Impact Report was adequate and complied with the
California Environmental Quality Act, with the State's CEQA Guidelines, and with
the County' s processing procedures hereby takes the following related actions:
- 3 -
RESOLUTION NO. 61/1987
I. Adopts the attached Environmental Impact Report findings identified as
Attachment I to this resolution; and
.2. Transmits the Final Environmental Impact Report and its findings to
the County Board of Supervisors with the recommendations that the
Board of Supervisors concur with the County Planning Commission's
determination that the Final Environmental Impact Report is adequate
and subsequently incorporate its findings into the Land Use Permit's
Conditions of approval .
FURTHER, that the County Planning Commission hereby recommends that the
Board of Supervisors adopt the General Plan Amendment (County File GPA No.
9-87-00) as proposed by staff and identified as Exhibit A; and its requisite
findings as depicted in Attachment II to this resolution.
FURTHER, that the County Planning Commission hereby approves the Land Use
Permit Application (LUP 2122-86) for the Acme Fill Waste Recovery and Transfer
Station project, identified as Exhibit B, with the Conditions of Approval recom-
mended by staff and modified by the County Planning Commission at its September
22, 1987 and October 27, 1987 meetings and identified as Exhibit C; • and adopts
the Land Use Permit findings identified as Attachment III to this resolution.
FURTHER, the County Planning Commission resolves that all written and
graphic material developed for and pertaining to the project's proceedings be
made part of the record; and
FURTHER, that the Chairman and Secretary of the County Planning Commission
shall respectively sign and attest the certified copy of this resolution and
deliver the same to the County Board of Supervisors.
The instruction by the County Planning Commission to certify the adequacy
of the Acme Fill Waste Recovery and Transfer Station's Environmental Impact
Report for the purposes of satisfying the California Environmental Quality Act
was stated at a regular meeting on October 27, 1987, by the following vote:
- 4 -
RESOLUTION NO. 61/1987
AYES: Commissioners - Best, Accornero, Aiello, Feliz
NOES: Commissioners - Nimr
ABSENT: Commissioners - Aiello, Davis, Whitney
ABSTAIN: Commissioners - None
The instruction by the County Planning Commission to prepare this resolu-
tion and recommend approval for the proposed General Plan Amendment (GPA 9-87-CO)
and Land Use Permit application (LUP 2122-86) was stated at a regular meeting on
October 27, 1987, by the following vote:
AYES: Commissioners - Best, Accornero, Nimr, Feliz
NOES: Commissioners - None
ABSENT: Commissioners - Aiello, Davis, Whitney
ABSTAIN: Commissioners - None
I, George Feliz, Chairman of the County Planning Commission of:. Contra Costa
County, State of California, hereby certify that the foregoing was duly called
and held in accordance with the law on Tuesday, November 17, 1987 and this
resolution was duly passed and adopted by the following vote:
AYES: Commissioners - Accornero, Best, Nimr, AieLLO,. FeLiz.
NOES: Commissioners - None.
ABSENT: Commissioners - None.
ABSTAIN: Commissioners - Whitney, Davis.
Charman of CounPlanning Commission,
County of Contra osta, State of California
ATTES
Se re ary o thetunty Planning Commission,
C my of Contrasta, State of California
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misc/yaacme.rsn
- 5 -
N'a
EXHIBIT A
GENERAL PLAN AMENDMENT
ACME FILL WASTE RECOVERY AND TRANSFER STATION
The Contra Costa County General Plan is amended as provided below:
1. REFUSE DISPOSAL PLAN
A. Add to the Present Facilities and Future Needs Text (Page 22) :
"Acme Fill Waste Recovery and Transfer Station." A solid waste
recovery and transfer station, which may also include pay booths,
scales and a gate house, may be located on an approximately 25-acre
site, depicted on the attached map, in accordance with a Land Use
Permit's Conditions of Approval adopted by the County Board of
Supervisors. Ancillary facilities such as roads, a recycling drop-off
facility, and recyclables storage areas may be sited on the adjacent
landfill property.
The waste recovery and transfer station is intended to process a
non-hazardous residential-commercial-industrial wastestream (wastes
normally allowed in a Class III landfill under the terms of Subchapter
15, Chapter 3, Title 23 of the 1984 California Administrative Code) .
This facility is generally. intended to serve Central Contra Costa
County, but the provision of service to other portions of Acme Fill
Corporation's service area such as the Rodeo Sanitary . District,
Antioch, and Benicia (the latter is located in Solano County) is
deemed consistent with this amendment. Other portions of the County
may be served if consistent with the County Solid Waste Management
Plan.
The word "processing" includes but is not limited to waste separation,
waste reduction, recycling, resource recovery, receipt, and transfer
of waste, but does not include incineration. "
B. Add the attached figure entitled "Plan Map -- Acme Fill Waste Recovery
and Transfer Station" to the General Plan and said figure is
incorporated herein by reference.
C. An interim transfer facility (open pad) may be located: (1) in the
immediate vicinity of the permanent transfer station's access road on
the 125-acre north parcel ; or (2) on the 97-acre parcel ; or (3) in
the northeast corner of the 125-acre parcel (while the permanent
station is being quilt) ; and it shall be operated in accordance with
the Land. Use Permit's Conditions of Approval . The interim facility is
intended to be a temporary use (less than two years) . It may commence
operation when Acme Land Fill begins to curtail its normal receipts of
solid waste on or before June 1989 and thence operate until the
permanent station is constructed and in operation in accordance with
the Conditions of Approval .
2.
2. LAND USE ELEMENT
Add a new section to the Land Use Element which reads:
"Adopted Refuse Disposal Facilities
The following Refuse Disposal Facilities are consistent with the Land Use
Element and their site areas are deemed to be overlays on the Land Use
Element Plan Map:
1. Refuse Disposal Facilities approved prior to January 1, 1983, by the
Board of Supervisors in General Plan Components and Land Use Permits
(includes West Contra Costa Sanitary Landfill , and the IT
Corporation's Baker, Pacheco, and Vine Hill facilities) .
2. Refuse Disposal Facilities approved by General Plan Amendments adopted
subsequent to January 1, 1983, by the Board of Supervisors. These
are: , Acme Fill Waste Recovery and
Transfer Station, adopted "*
*This section is largely included in the Kirker Pass Waste Management Landfill
and the East Contra Costa Sanitary Landfill General Plan Amendments which are
currently before the Board of Supervisors. If either is adopted, it may only
be necessary to add the Acme Fill Waste Recovery and T.r.ansfer:.Station to Item
2.2,
APPROVED BY THE CONTRA COSTA COUNTY PLANNING COMMISSION,
(date)
APPROVED BY THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS,
(date)
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GENERAL PLAN AMENDMENT
ACME FILL WASTE RECOVERY AND TRANSFER STATION
ACME FILL WASTE RECOVERY AND TRANSFER STATION
Part of the Refuse Disposal .Plan and
Land Use Element (Plan Map Overlay)
of the Contra Costa County General Plan
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Approved by the Contra Costa Planning Commission
Approved by the Contra Costa County Board of Supervisors
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HEARING DATE FILE NO.
APPLICATION FUR A
CHAP 418
APPLICANT OWNER
Name Acme Fill Corporation Name Acme Fill Corporation
Address P . O. Box 1103 Address P.O. Box 1103
City.State Martinez , CA City.State Martinez , CA
Phone (415) 228-7099 Zip 94553 Phone (415) 228-7099 Zip 94553
Total Parcel Area 22 Acres water Supply..Source Contra Costa Water District
Number of Parcels Requested --- Agency Regulating Sewers Central Contra Costa Sanitary
NATURE OF REQUEST-Give Reasons
�>7V7 -2 i✓; in H-I . Heavy Industrial Zoning cons; s tent with
County General Plan (1973, 1975) . The text of the County Solid
Waste Management Plan and policies support a waste transfer
station at Acme Fill. Acme Fill incorporates by reference prior
rlaIiu Use Permits and ETR/EIS documents to facilitate review.
Applican 's Signature bo�r 1 ey r• Owner's Signature Boyd M. 'Viney, Jr.
President President
Office Use Only
Application Description
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EXHIBIT C
LAND USE PERMIT 2122-86
CONDITIONS OF APPROVAL
ACME FILL WASTE RECOVERY AND TRANSFER STATION
Approved by the:
Contra Costa County Board of Supervisors
December 15, 1987
Page 1
1. SHORT TITLE
.1 The Acme Fill Waste Recovery and Transfer Station project is hence-
forth referred to in this document as the Transfer Station.
2. RESPONSIBILITY
.1 The conditions of approval identify the Transfer Station developer as
the party responsible for implementing conditions involving construc-
tion and improvements, and the Transfer Station operator for imple-
menting conditions involving maintenance and management. Regardless
of these identifications, the Transfer Station owner shall be
responsible for complying with all conditions.
3. VALIDITY PERIOD
.l The Transfer Station developer shall install pre-requisite• improve-
ments and open the Transfer Station for receiving refuse within three
years of the final approval of the project's Solid Waste Facilities
Permit, which three years shall be extended by any appeal on any
permit. The Transfer Station developer may request a one-year
extension of the Land Use Permit. If the Land Use Permit is not
implemented within the specified time, it shall become null and void.
. 4. ' PERMIT REVIEW
.1 Permit Review. The Board of Supervisors will hold annual public hear-
ings to review the Conditions of Approval for this Land Use Permit for
three years beginning one year after the commencement of operations of
the Transfer Station. 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
Page 2
review and public hearing, the County Planning Commission may recom-
mend to the Board of Supervisors new or modified conditions to improve
the public hearing and safety. Nothing in this condition shall pre-
clude the Transfer Station 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 legislation
or the courts.
5. SERVICE AREA
.1 Area of Origin. The area of origin of all refuse-bearing vehicles
admitted to the transfer station shall be consistent with the Contra
Costa County Solid Waste Management Plan.
.2 Out-of-County Wastes. The Transfer Station operator shall not receive
wastes from outside Contra Costa County unless such wastes are consis-
tent with the County Solid Waste Management Plan. The Board of Super-
visors, after obtaining advice from the County Solid Waste Commission,
shall determine if an import is consistent with the plan.
6. ELIGIBLE REFUSE TRANSPORT VEHICLES
.1 Eligible Vehicles. The Transfer Station operator shall admit only the
following refuse transport vehicles to the transfer facilities:
(a) Self-hauler light vehicles, including personal vehicles and small
trucks, conveying eligible loads.
(b) Self-hauler and commercial heavy trucks, with or without transfer
station accounts, conveying eligible loads.
(c) Packer, drop-box, and other collection service solid waste col-
lection vehicles.
(d) Transfer vehicles.
Page 3
.2 Emergency Use. The County Health Services Department may allow
vehicles transporting eligible wastes originating in other areas of
Contra Costa County to have access to the Transfer Station 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 transfer station to continue for a
period up to two years.
7. ELIGIBLE AND INELIGIBLE WASTES
. 1 Eligible Wastes. The Transfer Station operator shall allow only
wastes eligible for disposal in a Class III facility, as defined by
the San Francisco Bay Regional Water Quality Control Board, to be
admitted to the Transfer Station. The wastes admitted to the Transfer
Station shall also be consistent with the Solid Waste Facilities
Permit, administered by the County Health Services Department.
.2 Ineligible Wastes. The Transfer Station operator shall not allow the
following wastes to be received at the Transfer Station:
(a) Designated Wastes, as defined by Section 2522 of Article 2 of
Subchapter 15, of Title 23, of the California Administrative
Code.
(b) Infectious Wastes.
(c) Hazardous and toxic wastes.
(d) Radioactive wastes.
(e) Liquid wastes.
(f) Utility sludges.
(g) Other ineligible wastes specified in the Solid Waste Facilities
Permit.
Page 4
.3 Exceptions. The Transfer Station operator may admit the following
wastes to the Transfer Station in accordance with waste management
programs approved by the Contra Costa County Board of Supervisors and
consistent with the Solid Waste Facilities Permit:
(a) Utility sludges, if utilized in a composting program.
(b) Household hazardous wastes, if received to implement a household
or small generator program. See Section 13.
S. ADMINISTRATION
.1 Incoming Waste Reports. The Transfer Station operator shall submit
quarterly reports to the County Department of Health Services on the
amount of incoming waste by approved categories, such as residen-
tial/commercial, industrial, and construction/demolition and by
originating community.
.2Local Advisory Committee. The Transfer Station developer shall make a
good faith effort to organize a local advisory committee, consisting
of neighbors (i.e. , representatives of the Vine Hill neighborhood, the
Martinez Gun Club and the IT Corporation) to comment and advise on the
development of the Transfer Station and its operations. The advice of
the committee shall be sought on the color and texture of the sound
wall to be built adjoining properties on Irene Drive. If a committee
cannot be organized, the transfer station developer shall hold a
series of meetings in the locale. Meetings with the committee, or
invited local residents, shall be initiated following the approval of
a Land Use Permit and shall be held at least quarterly, through the
first two years of operations. Additional meetings may be called by
the Chair or by written request of three or more members. Subjects
for the agenda may include traffic, noise, odor, litter, and other
matters. The County Community Development Department and Health
Services Department shall be notified at least ten days in advance of
all meetings.
Page 5
.3 Insurance and/or Bonding. The Transfer Station developer shall
provide the insurance and bonds specified by the units of government
having approval authority over the project.
.4 Notification Program. The Transfer Station operator shall prepare and
implement a program to notify potential users of the Transfer Station
of its opening and conditions of use. The program should be prepared
in cooperation with refuse collectors and with the operator(s) of the
landfill served by the Transfer Station. It shall be approved by the
County Community Development Department.
.5 Development Coordinator. The Transfer Station owner shall provide
monies to support a County Transfer Station Development Coordinator,
if the County establishes the position, through the first year of
Station operations. A pre-payment covering the last six months or
service shall be made when requested by the County. Thereafter, the
owner may make quarterly advance payments. The owner shall not be
obligated to fund Coordinator costs in excess of $50,000 per year at
1987 levels, except for the above six-month pre-payment which shall be
made at the start of the first year.
The Transfer Station 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
requirement for additional studies shall be subject to the approval of
the County's Director of Community Development.
.6 Pre-Annexation Notification. If the owner decides to request
annexation of the, Transfer Station 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 owner to
consult with it or County staff to determine how solid waste
management programs specified in these Conditions of Approval, or in a
Page 6
Development Agreement with the County, would be carried out subsequent
to annexation.
.7 Rate Approval. The disposal rates charged by the Transfer Station
operator shall be subject to the approval of the County if the County
establishes a rate review program.
9. LOAD INSPECTION
.1 Eligible Vehicles and Loads. The Transfer Station operator shall
prepare and implement a program for screening loads at the Transfer
Station gate house, and for checking loads at the transfer buildings.
The load inspection program shall include inspection for hazardous
wastes, and other ineligible wastes, and procedures for their handling
and disposal. The program shall be approved by the County Community
Development and Health Services Departments.
.2 Refuse Characterization. Prior to receiving waste, the Transfer
Station operator shall prepare and implement a program to characterize
incoming refuse by type and amount, by performing periodic detailed
load inspections according to a program approved by the County
Community Development and Health Services Departments.
10. WASTE MEASUREMENT
.1 Scales. The Transfer Station developer shall install scales at the
facility to weigh incoming and outgoing vehicles. A weighing program,
subject to approval by the County's Department of Health Services and
Director of Weights and Measures, shall be implemented to monitor
wastes. Waste transfer trucks and vans, franchise hauler vehicles,
commercial account vehicles, and general public vehicles with three or
more axles shall be weighed. Unless required by other agencies,
general public personal vehicles and small trucks may be exempted from
weighing requirements.
Page 7
.2 Incoming Waste Reports. See Condition 8.1.
11. HOURS OF OPERATION
1 24-Hour Service. The Transfer Station operator may accept eligible
refuse on a 24-hour basis, consistent with these Conditions of Approv-
al and the Solid Waste Facilities Permit.
.2 Self-Hauler Service. The Transfer Station operator shall receive
eligible refuse from self-haulers between 7:00 a.m. and 5:00 p.m. ,
seven days a week. The Transfer Station shall not admit self-haulers
at other times. The Transfer Station operator shall post a sign at
the facility's entrance which notes the days and hours the facility is
open to self-haulers. The sign shall note days the facility is closed
due to holidays. A sign shall be posted which notes the County
landfills which do not accept waste deliveries from self-haulers.
.3 Late Hours Program. See Conditions 22.6 and 23.4.
12. RESOURCE RECOVERY
.1 1988-1992 Resource Recovery Program. The Transfer Station Operator
shall implement a resource recovery and recycling program at the Waste
Recovery and Transfer Station, consistent with the County Solid Waste
Management Plan, to complement the cities' and collectors' recycling
efforts. From initial start-up through 1992, a drop-off recycling
center for newspaper, glass, and cans shall be provided along the
access road prior to the pay booth. Wood/brush debris shall be
chipped for shipment. Cardboard shall be salvaged and baled.
Miscellaneous metals and other reusable materials shall be salvaged
and stored in boxes located adjacent to station buildings, in every
effort to meet the recycling goal of the County Solid Waste Management
Plan in the near term of 20 percent reduction of the total waste
stream.
Page 8
.2 Post 1992 Resource Recovery Program. Prior to 1991, the Transfer
Station Operator shall prepare and submit for review and approval by
the County a proposed resource recovery program covering the periods
from 1992-1997 and 1997-2007. The proposed program shall be designed
to implement the resource recovery goals of the County Solid Waste
Management Plan.
The 1992-1997 phase of the program shall address the recovery of
additional materials, and conversion of the drop-off recycling center
to a buy-back center. The program shall attempt to recover at the
Waste Transfer Station an additional 5 percent of the total waste
stream to complement the cities' and collectors' anticipated curbside
recycling program of 5 percent of the waste stream, to meet the
recycling goal of the County Solid Waste Management Plan in the
midterm of 30 percent reduction of the waste stream.
The 1997-2007 phase of the program shall address a more comprehensive
resource recovery system, including production of refuse pellets for
shipment if feasible, with a recycling goal of an approximate
additional 20 percent of the waste stream, to bring the total waste
recycled at the facility to approximately 45 percent of the total
waste stream, to complement the cities' and collectors' anticipated
curbside recycling or equivalent recycling program of 15 percent of
the waste stream to meet the recycling goal of the County Solid Waste
Management Plan in the long term of 60 percent reduction of the waste
stream.
Nothing in Condition 12.2 shall be interpreted as giving approval to
modifications of Land Use Permit 2122-86 without environmental review
or due process of law, nor shall it be interpreted as approving
project modifications without obtaining other applicable permits.
.3 Recyclable Extraction. The Transfer Station operator shall screen
incoming self-hauler loads for major recyclable materials and extract
materials, consistent with the County Solid Waste Management Plan.
Page 9
.4 Recyclable Storage. The Transfer Station operator shall not store
recycled materials in the open on the Transfer Station site, unless
the material is baled or placed in bins or storage containers.
.5 Wood Chipping. The Transfer Station operator shall install wood chip-
ping equipment on the site, and establish a program to encourage
landscape-services and construct ion/demo lit ion material haulers to
segregate wood material for chipping.
.6 Composting Pilot Project. The Transfer Station Operator shall propose
and implement a pilot project for composting a portion of the organic
material brought to the Station. The composting facility shall be
placed on the adjoining Acme landfill site at a location approved by
the County Community Development Department. Alternatively, the
Transfer Station Operator may utilize a composting facility at a
County landfill or other County-approved location. If practicable,
the compost shall be used initially as a soil amendment for Transfer
Station landscaping. The pilot project shall be approved by the
County Community Development Department and Health Services Department
and shall be subject to regulatory agency approvals. The operator
shall submit a proposal for the pilot project within one year after
receiving waste at the Transfer Station, and shall implement the
project within one year of its approval. Its status shall be
considered at the next Land Use Permit review.
.7 Landfill Gas. The Transfer Station operator shall explore the use of
landfill gas to heat the Transfer Station facility.
.8 Re-Used Water. See Condition 19.6.
.9 County Resource Recovery Management Program. When requested by the
County, the Transfer Station owner shall provide annual advance
funding to support a County Resource Recovery Management Program
consisting of the Office of Resource Recovery Manager and its program.
The cost of the program shall not exceed $100,000 at 1987 levels.
Page 10
The Transfer Station owner may recover funds provided to the County in
advance of the opening of the station through subsequent rate
adjustments or surcharges approved by the County. If the County
approves new landfills or other solid waste disposal facilities, it
may provide for the new facilities to wholly or partially support the
County Resource Recovery Management Program.
13. HAZARDOUS WASTE
.1 Load Inspection. See Section 19.
.2 Household Hazardous Waste Program. If consistent with the County
Hazardous Waste Management Plan, the Transfer Station operator shall
develop a household hazardous waste disposal program. The operator is
encouraged to develop the program in cooperation with other waste
management services. The proposed program, along with a schedule of
proposed costs and funding sources, shall be submitted to the County
Community Development Department within 1 year of the opening of the
Transfer Station. If the household hazardous waste program (or a
version of it) is approved by the County Board of Supervisors, and the
program is funded, the Transfer Station operator shall implement it.
The Transfer Station household hazardous waste program shall include a
program approved by the County Health Services Department for
notifying facility users and households in its service area of what
constitutes hazardous wastes and how such wastes are to be disposed
of.
.3 Regulatory Agency Approvals. The collection and storage of toxic and
hazardous wastes pursuant to this section, shall be subject to regula-
tory agency approvals and shall be consistent with County waste
management plans.
Page 11
14. SCHEMATIC PLAN FOR LAND USE PERMIT
.1 Initial Development Plan. The development plan approved by this Land
Use Permit, and modified by these Conditions of Approval, shall con-
sist of the following schematic plans included in the applicant's
July, 1986, report entitled "Acme Fill Waste Recovery and Transfer
Station Project Description/Report of Station Information":
(a) Drawing S1, Location Plan
(b) Drawing S2, Site Plan
(c) Drawing S3, Floor Plan
(d) ' Drawing S4, Building Elevation and Sections
15. DEVELOPMENT AND IMPROVEMENTS PLAN
.1 Subsequent to the approval of the Land Use Permit but prior to the
commencement of any construction, the Transfer Station developer shall
submit a Development and Improvements Plan to the Community Develop-
ment Department and obtain its approval. The Development and Improve-
ments 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 engineering and construction proposals. It shall be inter-
nally consistent with the project's .Environmental Impact Report
findings, these Conditions of Approval, 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 Development and Improvements Plan shall include:
(a) A final Site Design Plan described in Section 16.
(b) A Final Architectural Design Plan, as described in Section 17.
Page 12
(c) A Transportation and Circulation Plan, as described in Section
18.
(d) A Site Services and Utilities Plan, as described in Section 19.
(e) A Sediment and Erosion Control Plan, described in Section 20.
(f) A resource recovery program, described in Section 12. The
program shall be prepared in writing and submitted along with the
Development and Improvements Plan
.2 Down-sizing Factors. The Transfer Station developer shall consider
factors for down-sizing the project in arriving at a final design.
At least the following factors shall be addressed in the Development
and Improvements Plan:
- Redirection of parts of the assumed service area wastestream to
other refuse disposal facilities.
- Interactions with other transfer stations.
- Restriction of self-hauler access to landfill.
- Wastestream reductions resulting from resource recovery.
.3 In approving the Development and Improvements Plan, the Community
Development Department may provide for phased construction and for the
subsequent submission of detailed Development and Improvements Plan
components related to the phased construction.
.4 Development Agreement. The Transfer Station developer shall not com-
mence the installation of any physical improvement of the permanent
Transfer Station, including any off-site improvement, until a Develop-
ment Agreement has been approved by the Board of Supervisors. The
Director of Community Development may, however, .allow the Interim
Transfer Station to proceed or allow an installation covered in an
approved Development and Improvements Plan to proceed on a case-by-
case basis if that improvement is necessary for reason of safety,
compliance with laws or regulations, or the prevention of excessive
delay. The Development Agreement may be executed following the ap-
proval of the Development and Improvements Plan.
Page 13
The Development Agreement may require the Transfer Station owner to
financially support waste management programs established by the
County. Such programs may include, but are not limited to, resource
recovery, litter control, and public education. It may provide for
rate review and control if this program has not been established by
ordinance or other means. It may allow the Transfer Station operator
to establish appropriate rates and surcharges to support the County's
waste management programs and to contribute to the closure costs of a
landfill which has served the Transfer Station's service area.
16. SITE DESIGN PLAN
.1 Final Site Design Plan. The Transfer Station developer shall prepare
and submit a final Site Design Plan, including a landscaping plan, to
the County Community Development Department, and obtain approval,
prior to beginning construction. The final Site Development Plan
shall show boundary lines to survey accuracy and shall show facility
locations and installation specifications based on final engineering
and construction plans. The final Site Design Plan shall show:
(a) Final site contours.
(b) Sound wall and berm locations and their specifications.
(c) On-site road locations and construction specifications.
(d) On-site paved areas and construction specifications.
(e) Building locations.
(f) Entrance facility location and specifications.
(g) On-site rights-of-way and easements.
(h) Water, sewer, and other utility installations, unless shown on a
separate utilities service plan.
.2 Final Landscaping Plan. The Site Design Plan shall include, or be
accompanied by, a final Landscaping Plan. The final Landscaping Plan
shall show:
Page 14
(a) Ground preparation for planting.
(b) Plant species, size and locations.
(c) A landscape maintenance program.
(d) A plan for improving the appearance of the Waterbird
Way/Waterfront Road entrance way and the Waterbird Way/Transfer
Station access road intersection area.
(e) The final Landscaping Plan shall be consistent with the County
Policy on Water Conservation requirements for new developments
and shall utilize California native species to the extent pract-
icable.
(f) Waterbird Way Extension. The final Landscaping Plan shall
provide for the interim landscaping of the Waterbird Way exten-
sion adjoining the Transfer Station.
(g) Gun Club Sound Wall. The final Landscaping Plan shall provide
for landscaping along the Transfer Station side of the sound wall
adjoining the Martinez Gun Club. The plan shall provide for a
planting screen of trees.
.17. ARCHITECTURAL DESIGN PLAN
.1 Final Architectural Design Plan. The Transfer Station developer shall
prepare and submit a final Architectural Design Plan to the County
Community Development Department, and obtain approval prior to begin-
ning construction. The Final Architectural Design Plan shall show:
(a) Building and installation dimensions and elevations.
(b) Proposed construction materials and colors.
.2 Construction Material. The waste processing and transfer buildings
shall be tilt-up concrete or other sound-reducing construction.
Page 15
..3 Texture and Color. The transfer facility buildings and sound walls
shall be finished with non-smooth textures and earth-tone colors.
.4 Building Heights. Building heights or elevations shall not exceed
those shown in Condition 14.1(d) by more than 10 percent.
.5 Seismic Criteria. Building and installations, including tanks, shall
be designed to withstand the Maximum Probable Earthquake anticipated
for the location. The determination of Maximum Probable Earthquake
shall be subject to the approval of the County' s Planning Geologist.
18. TRANSPORTATION AND CIRCULATION PLAN
.1 Final Transportation and Circulation Plan. The Transfer Station
developers shall prepare and submit a final Transportation and Circu-
lation Plan, and obtain the approval of the County Community Develop-
ment Department prior to beginning construction. The final Transpor-
tation and Circulation Plan shall:
(a) Include the studies and plans called for in this section.
(b) Detail the on-site circulation described in the project's Envi-
ronmental Impact Report, adjusted for modifications imposed by
these conditions of approval.
.2 Design Studies, Construction Plans, and Project-Related Improvements.
The Transfer Station developer shall carry out studies, and prepare
construction plans accordingly, for the intersections and road seg-
ments listed below. The studies and plans shall be initially
submitted in draft form. The studies and construction plans shall be
included in the Final Transportation and Circulation Plan and shall be
approved by the County Public Works and Community Development Depart-
ments. The Transfer Station developer shall be responsible for
constructing the improvements called for by the studies. County
public roads standards shall be used to determine improvements.
Page 16
(a) I-680%Waterfront Road Interchange. The study and plan shall
identify interim improvements necessary to accommodate Transfer
Station traffic operations, including transfer trucks, under all
weather conditions. The study and plans shall be approved by the
California Department of Transportation.
(b) Waterfront Road, I-680 to Waterbird Way. The study shall identi-
fy improvements necessary to accommodate Transfer Station
traffic, including transfer trucks, under all weather conditions.
(c) Waterfront Road/Waterbird Way Intersection. The study shall
identify improvements necessary to accommodate Transfer Station
traffic, including transfer trucks, under all weather conditions.
It shall determine the adequacy of turning and vehicle storage
lanes at the intersection.
(d) Waterbird Way. The study shall identify improvements necessary
to accommodate Transfer Station traffic, including transfer
trucks, under all weather conditions. It shall determine the
adequacy of turning and vehicle storage lanes at the intersec-
tion.
(e) Waterbird Way/Transfer Station Intersection. The study shall
identify vehicle storage and turning. lane requirements, as well
as signing requirements at the intersection. It shall address
both short-term and long-term (Waterbird Way extended to Imhoff
Drive) requirements.
(f) Acme Access Road. The study shall identify roadway requirements,
including lane widths, pavement specifications, and fill-over-
sanitary landfill requirements, for the Acme access road between
Waterbird Way and the 22-acre Transfer Station site.
Page 17
(g) Transfer Station Intersection. The study shall detail intersec-
tion construction and movement requirements of Acme Fill Corpora-
tion, I.T. Corporation, and Martinez Gun Club traffic through the
main Transfer Station intersection (the intersection between the
Transfer Station and gate house) . The study shall address
signing and signalization. It shall include improvements to
Waterbird Way which may be necessary to join that road to the
re-built intersection. See Condition 18.10.
.3 Waterbird Way Extension. The Transfer station developer shall survey,
reserve, and offer to dedicate to the County a right-of-way for the
extension of Waterbird Way from the vicinity of the main Transfer
Station intersection, through the Acme Fill land holdings, to the
vicinity of the A.T.S.F. Railroad on the south. The right-of-way
width and configuration of the extension shall be approved by the
County Public Works and Community Development Departments.
, .4 I.T. Corporation Coordination. The Transfer Station developer shall
make a good faith effort to coordinate the Waterfront Road intersec-
tion, Transfer Station intersection, and Waterbird Way extension
improvements with the I.T. Corporation's Vine Hill modernization
project. (Similar conditions may be included in the future in Land
Use Permit for the I.T. project. )
5 Arthur Road Gate. The Transfer Station developer shall provide for
connection between the Arthur Road corridor and the main Transfer
Station intersection controlled by a lockable gate. The connection
shall admit emergency vehicles, including fire trucks, and the gate
shall be controllable by the emergency vehicles. If the Martinez Gun
Club legally must, be granted access to their site by way of Arthur
Road, the Club shall also be provided the opportunity to transport
their traffic through the gate. If agreement can be obtained from the
parties of interest, the Transfer station developer shall provide for
gate control by card or similar device available to authorized users.
Page 18
.6 Assessment or Benefit Districts. The Transfer station developer shall
join future assessment, benefit, or similar districts that may be
established in the future to:
(a) Modernize or re-build the I-680%Waterfront Road interchange.
(b) Modernize or re-build Waterfront Road between I-680 and Waterbird
Way.
(c) Improve or extend Waterbird Way between the Transfer Station and
Imhoff Road.
.7 Temporary Turn-Around. The Transfer Station developer shall provide a
temporary (until the road is extended) turn-around, adequate for large
trucks, at the southern end of Waterbird Way.
.8 Transfer Station Circulation. The Transfer Station developer shall
prepare a detailed site circulation plan for operations under varying
conditions. The plan shall provide for the closing of west-facing
refuse bays after 5:00 p.m. It shall consider circulating transfer
trucks in a west (unloaded) to east (loaded) pattern to reduce noise
impacts on the Vine Hill neighborhood.
.9 Peak Period Traffic Management. The Transfer Station operator shall
prepare a study for managing outgoing transfer vehicle traffic to
reduce peak period conflicts with traffic on Waterfront Road, Highway
4, and I-680. The study shall also consider the management of trans-
fer vehicle traffic to reduce conflicts with peak period traffic in
the vicinity(ies) of receiving landfills. It shall identify changes
to the Conditions of Approval needed to implement a peak-period traf-
fic reduction program. The study shall be provided to the County
Community Development Department no later than the opening of the
Transfer Station.
Page 19
10 Transfer Station Main Intersection. The Transfer Station developer
shall meet with the IT Corporation and Martinez Gun Club to ascertain
if the main intersection can be better configured to serve the three
parties. The results shall be provided to the Community Development
Department within 6 months of the Board of Supervisors' approval of a
Land Use Permit for the Transfer Station. The Community Development
Department may allow a re-configured design to be included in the
Development and Improvements Plan.
19. SITE SERVICES AND UTILITIES PLAN
.1 Final Site Services and Utilities Plan. The Transfer Station develop-
er 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 final Site Services and Utili-
ties Plan shall include:
(a) A fire protection component.
(b) A water service component.
(c) A sewering service component.
(d) A drainage service component.
.2 The Transfer Station developer shall comply with the requirements of
the Contra Costa County Consolidated Fire District, expressed in the
District's letter of September 1, 1987 (which is attached as Appendix
A) or other measures approved by the district.
.3 The Transfer Station developer shall provide automatic sprinklers in
all buildings. The fire sprinkler system shall be designed to control
fires during the fire district' s response period. Additionally, a
manually controlled water delivery system shall be installed in the
waste handling buildings.
Page 20
.4 The Transfer Station developer shall provide fire extinguishers and
apparatus as specified in the Solid Waste Facilities Permit.
.5 The Transfer Station developer shall extend a public water supply to
the Transfer Station site and the gate house facility. The water
supply system shall be acceptable to the Contra Costa Water District
and the Contra Costa County Consolidated Fire District.
.6 The Transfer Station developer shall make every effort to use treated
waste water from a district sewage treatment plant for landscape
maintenance. The Transfer Station developer shall report on this
matter to the Community Development Department.
.7 The Transfer Station developer shall arrange for the portion of the
site outside of the Central Contra Costa Sanitary District (CCCSD) to
be detached from the Mountain View Sanitary District and annexed to
the CCCSD. This will require the Local Agency Formation Commission
(LAFCO) to approve a boundary reorganization. Alternatively, the
Transfer Station developer may arrange for the entire site to be
included in the Mountain View Sanitary District.
.8 If the site is annexed to the CCCSD, the Transfer Station developer
shall comply with the following conditions set forth in the district's
letter of September 1, 1987, or other measures approved by the
district:
(a) An eight-inch public sewer shall be extended to serve the site.
It shall provide gravity service.
(b) A ten-foot exclusive public sewer easement shall be established
over the alignment of any public sewer not located within a
public road to provide access for maintenance.
Page 21
Alternatively, if the eight-inch public sewer is in a private
street, a ten-foot exclusive public sewer easement shall be
established over the alignment of the public sewer to provide
access for future maintenance.
(c) Building plans shall be stamped by the District' s Permit Section
prior to building plan approval.
9 The Transfer Station developer shall ascertain from the sewage treat-
ment district having jurisdiction if drainage and wash waters require
pre-treatment before discharge into the public sewer system. The
developer shall provide the pre-treatment of drainage waters indicated
by the district.
.10 Surface Drainage. The Transfer Station developer shall prepare and
implement a plan for conveying surface drainage water from the facili-
ty site (except for drainage waters to be conveyed to a waste water
treatment plant) to discharge locations. The plan shall be approved
by the County Public Works Department.
20. 'EROSION AND SEDIMENT CONTROL PLAN
.1 Final Erosion and Sediment Control Plan. The Transfer Station devel-
oper shall prepare and implement a sediment and erosion control plan,
which shall be subject to the approval of the County Community Devel-
opment Department. The plan 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 condi-
tions listed below.
.2 Primary Grading. The Transfer Station developer shall perform primary
grading for the project's roads, paved areas, and building sites and
the construction of site slopes during the April through October low
rainfall season. To the extent practicable, unpaved grades on
erodable material shall be limited to 2 percent.
Page 22
.3 Temporary Flow Restriction. If grading must be done during rainy
periods, or if erosion is occurring on previously graded areas, the
Transfer Station developer shall take corrective actions, which may
include the installation of ground cloth or the placement of hay
bales.
.4 Curbs. The Transfer Station developer shall install curbs on facility
roads and paved areas, wherever practicable, to limit erosion and
facilitate dust and litter control.
.5 Ground Cover. The Transfer Station developer shall plant ground cover
on graded areas which are not to be paved as soon as practicable. The
ground cover shall be consistent with the Landscaping Plan.
.6 Ditch/Swale Liners. The Transfer Station developer shall line any
ditches and swales for conveying surface runoff across sanitary land-
fill areas to prevent water infiltration. Drainage-ways across other
areas shall be lined or planted to limit erosion.
.7 Sedimentation Ponds. If an off-site sedimentation pond is required to
control the discharge of eroded material into Pacheco Creek-Walnut.
Creek, the Transfer Station's operators shall not place the pond over
a sanitary landfilled area, or in a location where seepage into a
sanitary landfill could occur. Consideration shall be given to pro-
viding wetland habitat in connection with any sedimentation pond
required by the project..
21. CONSTRUCTION CONDITIONS
.1 Hours of Construction. The Transfer Station developer shall restrict
outdoor construction activities. to the period from 7:00 a.m. to 5:00
p.m. on weekdays.
Page 23
.2 Exemption. The Transfer Station developer may request, in writing,
and the Director of Community Development may grant, exemptions to
Condition 21.1 for specific times for cause. An example is the plac-
ing of concrete.
.3 Sound Wall. Prior to any other construction, the Transfer Station
developer shall install a sound wall (Condition 22.3) adjoining the
rear lot lines of homes on Irene Drive, and extending westward on
Arthur Drive, and along the Martinez Gun Club property.
.4 Access Roads. Before commencing operations, the Transfer Station
developer shall install and pave the access road connecting Waterbird
Way to the Transfer Station site. The pavement shall be installed as
early as practicable, but no later than the opening of the Transfer
Station, to limit dust generation.
.5 Dust Suppression. The Transfer Station developer shall sprinkle or
chemically treat graded areas and temporary pavements to control dust,
as determined necessary by the County Health Services Department.
.6 Landfill Cover Disturbance. The Transfer Station developer shall not
excavate the final or intermediate cover of sanitary landfill areas
for road improvements or utilities without permission from the County
Health Services Department.
22. NOISE CONTROL
.1 Noise Monitoring Program. The Transfer Station operator shall prepare
and implement a noise monitoring and abatement program, which shall be
approved by the County Community Development and Health Services
Departments. The program shall monitor noise levels at two sensitive
receptor locations, one adjoining the Vine Hill Neighborhood and
another adjoining the Martinez Gun Club. If the monitoring noise
levels as the Transfer Station boundary line exceed 60 dBA during
Page 24
daylight hours, or 50 dBA during the evening or at night, the operator
shall institute additional noise reduction measures to bring noise
emanating from the Transfer Station to the forementioned levels or
less.
.2 Transfer Station Construction. See Section 21.
.3 Irene Drive Sound Wall. The Transfer Station developer shall install
a sound wall adjoining the rear lot lines of properties on the east
side of Irene Drive. The sound wall shall be a minimum of 10 feet in
height and at least 5 feet, or higher, than the estimated heights of
vertical exhaust stacks of transfer vehicles when the transfer trucks
are in the pit and moving parallel to the wall. The sound wall shall
extend at least 150 feet westerly along Arthur Road, extended, to
further protect the Vine Hill Neighborhood. It shall be installed
prior to other construction to shield the neighborhood from
construction noise.
.4 Martinez Gun Club Sound Wall. The Transfer Station developer shall
install a sound wall along the common boundary of the Transfer Station
and the Martinez Gun Club. The sound wall shall be a minimum of 10
feet in height and at least 5 feet, or higher, than the estimated
heights of vertical exhaust stacks of transfer vehicles when the
transfer trucks are in the pit or moving parallel to the wall. The
wall shall be similar , in construction and appearance to the Irene
Drive sound wall. It shall be installed prior to other construction
to shield the gun club facility from construction noise.
.5 Construction Hours. See Condition 21. 1
.6 Late Hours Program. The Transfer Station operator shall prepare a
late hours program, which shall be approved by the County Community
Development Department, to reduce operations noise between 5:00 p.m.
and 7:00 a.m. The program shall include:
Page 25
(a) Discontinuing the use of west-facing unloading bays and closing
bay doors.
(b) Closing the west-facing transfer truck bay doors except when
trucks are entering or leaving the transfer building.
.7 Transfer Truck Circulation. See Condition 18.8
.8 Transfer Truck Noise Suppression. The Transfer Station operator shall
require transfer trucks using the facility to be equipped with factory
approved noise suppression equipment, including engine compartment
insulation.
23. ODOR CONTROL
.1 Odor Control Program. The Transfer Station operator shall prepare and
implement an odor control program, which shall be approved by the
County Community Development and Health Services Departments. The
program shall ensure that odors emanating from the Transfer Station
shall not be detectable and offensive at the facility's boundary line.
The program shall comply with Rule 7-302 of the Bay Area Air Quality
Management District. It shall include the conditions listed below.
.2 Odor Suppressants. When necessary, the Transfer Station operator
shall treat wastes in the transfer buildings with odor suppressants.
If required by the County Health Services Department, the Transfer
Station Operator shall more frequently treat wastes with odor
suppressants.
Page 26
.3 Waste Storage. Pursuant to the Bay Area Air Quality Management Dist-
rict's Authority to Construct, the Transfer Station operator shall not
hold wastes, except for recycled materials, for longer than 24 hours.
If the Bay Area Air Quality Management District subsequently allows
longer storage times, as for traffic management, the operator shall
not hold such wastes for longer than 48 hours. This condition shall
not be interpreted to prohibit the operator from loading a transfer
truck after 6:00 p.m. on one day and dispatching it by. 7:00 a.m. the
next day.
.4 Night Loading. The Transfer Station operator may load and dispatch
transfer trucks after 5:00 p.m. Dispatching shall cease by 10:00 p.m.
Pre-loaded trucks shall be covered, or stored indoors, and shall not
cause odor or vector problems.
.5 Landfill Cell Re-Opening. See Condition 21.6.
.6 ' Dust Suppressants. See Condition 21.5
24. CULTURAL RESOURCES
.1 Archaeology. The Transfer Station shall cease work in the immediate
area if buried human remains or archaeological material is uncovered
during construction or operation: Work in the immediate area shall
cease until a qualified archaeologist is consulted and approves re-
sumption of work. Should human remains which may be of Native
American origin be encountered during the project, the County
Coroner's Office shall be contacted pursuant to the procedures set
forth in the Health and Safety Code. The County Community Development
Department shall also be notified.
Page 27
25, LITTER CONTROL
.1 Litter Screening. The Transfer Station developer shall install a
system of landscaping and fencing on the facility to prevent litter
from blowing off-site. The litter screening system shall be described
in the Development and Improvements Plan.
.2 Transfer Trucks. The Transfer Station operator shall equip all trans-
fer trucks using the facility with anti-litter screening.
.3 Collection Vehicles. The Transfer Station operator shall develop an
anti-littering program for collection vehicles and large trucks using
the facility in cooperation with the collection services and
commercial (account) firms utilizing the facility. The program shall
be submitted in writing to the County Community Development
Department, and shall be subject to the Department's approval.
.4 On-Site Litter Policing. The Transfer Station operator shall remove
litter from perimeter and litter fences and planting screens at least
once each day, and police the facility site at least daily. The
County Health Services Department may require more frequent policing
to control the accumulation of litter.
.5 Off-Site Litter Policing. The Transfer Station operator shall provide
weekly litter clean-up of Waterbird Way and the on-site Transfer
Station access road. The landfill operator shall provide bi-weekly
litter clean-up of Waterfront Road from the I-680 interchange to the
Walnut Creek bridge.
.6 Littering Signs. The Transfer Station operator shall post signs, as
determined necessary by the County Community Development Department,
along access roads to the Transfer Station noting littering and il-
legal dumping laws. The Transfer Station operator shall post signs at
the landfill entrance noting the hours when the facility is open to
the public.
Page 28
.7 Load Covering. The Transfer Station operator shall implement a
written program to limit uncovered loads from arriving at the
landfill. It shall include a surcharge for uncovered loads (see
Condition 25.8) . The program shall be subject to the approval of the
County Health Services Department.
.8 Uncovered Load Surcharge. The Transfer Station operator shall impose
a surcharge on uncovered loads and pay the proceeds to the County for
the support of litter abatement programs. The surcharge shall be
determined by the County Board of Supervisors. The Board may
compensate the operator for the costs of administering the surcharge.
Payment to the County shall be made on a quarterly basis.
26. SAFETY/PUBLIC HEALTH
.1 Equipment Operator Protection. The Transfer Station operator shall
provide air conditioned, sound-reducing enclosures on solid waste
moving equipment and operations booths in the facility's waste
processing buildings.
.2 Emergency Plan. The Transfer Station operator shall prepare an emer-
gency 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.
.3 Employee Training. The Transfer Station operator shall develop and
implement training and subsequent refresher training programs covering
accident prevention, safety, identification and handling of hazardous
Page 29
materials, first aid, and instruction of use of equipment. The
programs shall be subject to the approval of the County Health Ser-
vices Department.
.4 Employee Safety Equipment. The Transfer Station 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.
.5 First Aid Equipment. The Transfer Station operator shall provide and
maintain supplies located in easily accessible areas. The first aid
supplies shall be consistent with Occupational Safety and Health
Administration requirements and subject to the approval of the County
Health Services Department.
.6 Emergency Communications. The Transfer Station operator shall provide
radio phones or telephones for employee use to call for medical and
other emergency assistance. Phone numbers to use for outside emergen
cy .assistance shall be clearly posted on the landfill and in other
work areas. The communications system shall be subject to the approv-
al of the County Health Services Department.
.7 Emergency Eye Baths and Showers. The Transfer Station operator shall
provide facilities for emergency eye baths and emergency showers. The
facilities shall be subject to the approval of the County Health
Service Department.
.8 Equipment Maintenance. The Transfer Station 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
Page 30
refuse-conveying vehicles stored on the site as well as the station's
refuse-moving vehicles and mechanical equipment. Vehicles and equip-
ment shall be regularly cleaned to reduce the risk of fires.
.9 Gas Monitoring. The Transfer Station operator shall prepare and
implement a gas monitoring program which shall be approved by the
County Health Services Department.
27. SITE SECURITY
.1 Security Fencing. The Transfer Station 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 Improve-
ments Plan.
.2 Security Staffing. The Transfer Station operator shall staff the
facility 24 hours a day.
.3 Safety and Security Lighting. The Transfer Station developer shall
install and operate adequate lighting. The lighting shall be provided
in a manner which minimizes glare to nearby residents and road users.
The lighting program shall be covered in the Development and Improve-
ments Plan.
28. VECTORS
.1 Rodent Control. If refuse compaction does not completely eliminate
live rodents from, the Transfer Station, the operator shall work with
the County Health Services Department to identify the reasons for the
presence of rodents, and make appropriate changes in operational pro-
cedures. If an eradication program is necessary, the use of alterna-
tive rodent control programs such as sustained live trapping using
Page 31
non-poisonous baits, and natural biological control shall be consid-
ered. Anti-coagulants shall be administered by . a pest management
professional in a manner which minimizes exposure to avian predators.
Class I pesticides shall not be used.
.2 Mosquito Control. The landfill operator shall grade areas within the
Transfer Station property to prevent ponding of water which could
harbor mosquitos (except for sedimentation ponds and riparian habitat
areas. ) If a mosquito problem persists, the County Health Services
Department may require the preparation and implementation of addi-
tional mosquito control measures.
29. INTERIM TRANSFER STATION
.1 General Condition. The Acme Fill Corporation may construct and opera-
to an interim Transfer Station on the Acme landfill property at a
location designated in Condition 29.2 below. "The size of the interim
station shall not exceed 10 acres. The interim Transfer Station may
commence operations on or after April 1, 1989, and shall cease opera-
tions not later than 90 days following the opening of the permanent
Transfer Station, but in no event longer than April 30, 1990. Grading
shall be done in accordance with Section 16. The interim Transfer
Station may consist of one or more unenclosed pads, which shall be
paved to prevent the infiltration of liquids into the underlying
ground. If it is necessary to excavate into the cover of the land-
fill, permission shall be obtained from the County Health Services
Department and other regulatory agencies having jurisdiction. Drain-
age waters from the pads shall be handled as leachate. Screens or
fences shall be installed to restrict litter from blowing off the
operations area. The interim Transfer Station shall be served by a
paved road. It shall be enclosed by a security fence. Wooden slats
shall be installed in the fence to screen any part of the station
which may be visible from a residential area.
Page 32
.2 Location. The interim Transfer Station may be placed in the immediate
vicinity of one of the following locations:
(a) in the immediate vicinity of the permanent Transfer Station's
access road on the 125-acre north parcel;
(b) on the 97-acre parcel; or
(c) in the northeast corner of the 125-acre parcel.
.3 Permits. The interim Transfer Station shall be subject to a Solid
Waste Facilities Permit and building permits from Contra Costa County.
Other regulatory agencies may also have permit jurisdiction.
30. ADDITIONAL CONDITIONS
.1 Road Material Storage. The Transfer Station owner may provide to the
County a road material storage area of not less than 2 acres on the
Acme Landfill site, . or other location acceptable to the County, as a
substitute for the material storage areas on the Waterfront Road
right-of-way. The Transfer Station owner may terminate the offer,
upon one years' notice, if Waterbird Way is extended to County-owned
land south of the Acme Landfill. The road material storage area shall
comply with the California Environmental Quality Act, and shall be
subject to the approvals of regulatory agencies having jurisdiction.
.2 Abandoned Vehicle Storage. The Transfer Station operator shall offer
to provide a 10-acre, or larger, area on the Acme Landfill site for
the storage of abandoned vehicles awaiting salvaging. Alternatively,
the Transfer Station operator may provide the requisite abandoned
vehicle storage area at another location or participate with another
landfill operator to satisfy this condition. Alternative locations
Page 33
shall be approved by the County Community Development Department. The
abandoned vehicle storage area shall conform to applicable land use,
health, and safety regulations, shall comply with the California
Environmental Quality Act, and shall be subject to the approvals of
regulatory agencies having jurisdiction.
CAZ:jn
c:acmecoa.bos
APPENDIX A
�D.S11COST
y r
CONTRA COSTA COUNTY _ CONSOLIDATED FIRE DISTRICT
2010 GEARY ROAD �'aF DISTR�S PLEASANT HILL, CA 94523-4694
(415)930-5500
BUREAU OF FIRE PREVENTION
September 1, 1987
• 'i
Contra Costa County _
Community Development Department
P. 0. Sox 951
Martinez, CA 94553 -
Attn: Charles A. Zahn
SUBJECT: . LUP 2122-86
Waterbird Way & Arthur Road
Dear Mr. Zahn:
We have reviewed the land use permit application to establish a landfill waste transfer
station at the subject location. This project is regulated- by codes and ordinances
administered by this Fire District relative to Contra Costa County ordinance 86/71
and the State Fire Marshal's Regulations. If approved by your office, the following
shall be required:
1. The developer shall submit two (2) complete sets of plans and specifications of
the subject project, including built-in fire protection systems (when required) ,
to this office for review and approval prior to construction to insure compliance
with minimum requirements related to fire and life safety. Plan review fees
will be assessed at that time. (2.206)C.C.C. Ord. 86/71
2. The developer shall provide an adequate and reliable water supply for fire
protection with a minimum fire flow of 5,000 GPM. Required flow shall be
delivered from not more than 5 hydrants flowing simultaneously while maintaining
20 pounds residual pressure in the main. (10.301c)UFC
3. Provide access roadways with all-weather driving surfaces of not less than 20
feet unobstructed width, and not less than 13'6" of vertical clearance, to
within 150 feet of travel distance to all portions of the exterior walls of
every building. Access roads shall not exceed 20% grade, shall have a minimum
inside turning radius of 35 feet, and must be capable of supporting the imposed
loads of fire apparatus (31 tons) .
;Dote: Access roads of 20 feet unobstructed width shall have curbs painted
red and "NO PARKING" signs posted.
Roads 28 feet in width shall have the curb painted red and "NO PAR::i2:G"
signs posted, allowing for parking on one side onl.,.
Roads 36 feet in width allow for narking o; :ot;, sides.
/ C.C.C. Comm. Dev. Dept./Charles A. Zahn
' f RE: LUP 2122-86
/f September 1, 1987
Page 2
Roads divided into one-way lanes by a curbed divider or similar
obstacle shall be not less than 12 feet in clear width on each
side of the divider. Parking shall be prohibited.
When conditions prevent conformance with- the above, the Chief may permit the
installation of fire protection systems; provided such systems are not other-
wise required by this or any other code. (10.207) UFC
4. Dead-end fire department access roads in excess of 150 feet long shall be
provided with approved provisions for the turning around of fire department
apparatus. (10.207a)UFC
5. Access roads and hydrants shall be installed and in service prior to combustible
construction. (10.301d)UFC
6. Approved premises identification shall be provided. Such numbers shall contrast
with their background and be readily visible from the street. (10.208)UFC
7. A pro rata fee of 20C per square foot -will be assessed to partially offset
initial expenditures for additional necessary fire service resources.
It is requested that a copy of the conditions of approval for the subject project
be forwarded to this office when compiled by the planning agency.
If you have any questions regarding this matter, please contact the undersigned.
Sincerely,
nescer H. Nelson
Fire Inspector
CHN:vw
cc: Acme Fill Corporation
Contra Costa Nater District/LeeAnne Cisterman
File
1
ATTACHMENTS TO:
RESOLUTION 61/1987 OF THE COUNTY. PLANNING COMMISSION OF
THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, TO THE
COUNTY BOARD OF SUPERVISORS CERTIFYING THE ENVIRONMENTAL
IMPACT REPORT FOR THE ACME FILL WASTE RECOVERY AND
TRANSFER STATION AND RECOMMENDING APPROVAL OF THAT
PROJECT' S GENERAL PLAN AMENDMENT REQUEST (GPA 9-87-CO) AND
RECOMMENDING THE APPROVAL OF THE LAND USE PERMIT
APPLICATION (LUP-2122-86) .
ATTACHMENT I
ENVIRONMENTAL IMPACT REPORT FINDINGS
A. PROCEDURE
The California Environmental Quality Act, as
amended , together with the State CEQA Guidelines require
the preparation of Environmental Impact Reports for
certain projects .
The County is considering approval of a project
known as the ACME FILL WASTE RECOVERY AND TRANSFER STATION.
The County determined that an Environmental
Impact Report (EIR) was required for this project and
issued a Notice of Preparation on September 4 , 1986 .
The County issued a Draft EIR to the State
Clearinghouse, interested jurisdictions , public agencies ,
organizations and individuals for review and comment, and
also filed on July 1, 1987 a Notice of Completion with the
Office of Planning and Research.
On August 11, 1987 , the County Planning
Commission, in its capacity as the County ' s hearing body
for Environmental Impact Reports , held a public hearing on
the Draft ETR at which time all wishing to comment were
afforded the opportunity to be heard ; and , at ir_s
conclusion closed the public hearing to oral testimony,
continued the hearing for the receipt of written comments
to August 17 , 1987 , and continued the matter t.o
September 22 , 1987 for decision on the .:adequacy and
completeness of a Final Environmental Impact Report and
for public hearing on the project entitlements .
On September 22 , 1987 the County Planning
Commission continued the matter to October 13 , 1987 for
decision on the adequacy and completeness of a Final
Environmental Impact Report.
On October 13 , 1987 the County Planning
Commission had a number of questions regarding the
adequacy of the response document and continued the matter
to October 27 , 1987 for decision on the adequacy and
completeness of the Final Environmental Report.
On October 27, 1987 , the County Planning
Commission having received and reviewed the following
Environmental documents to wit: Draft EIR, Final EIR
Response Document, Addendum and Appendices (A-E) which
clarified and amplified the responses, determined that
said documents constituted a complete and adequate Final
Environmental Impact Report and certified that a Final
Environmental Impact Report was completed in accordance
with the California Environmental Quality Act, State
Guidelines , and county processing procedures .
B. UNMITIGABLE SIGNIFICANT IMPACTS
There are no unmitigable significant adverse
impacts that would result from implementing the project .
C. MITIGABLE SIGNIFICANT IMPACTS
The County Planning Commission finds that the
following significant impacts resulting from
implementation of the project can be mitigated to less
than significant by adoption of the following mitigation
measures , and hereby adopts and incorporates the
mitigation measures into the Project approved to mitigate
those impacts to non-significant levels :
1. LAND USE AND PLANNING
Impacts :
The Solid Waste - Recovery and Transfer
Station Project will convert approximately 22 acres of
land (borrow pit and portions of refuse fill areas ) that
is part of the Acme Fill Corp. 516 acre tract , into :
(1) a main transfer building, a public disposal building,
an administration building, a vehicle maintenance
building, a recycling center , pay booths , scales , a
fueling station, parking lots , sound walls , fencing, roads
and landscaping: and (2 ) an interim waste transfer
facility which will include a concrete pad and control
- 2 -
fencing and barriers . At the permanent facility all
dumping will be in the enclosed buildings . The project
would have the potential to be incompatible with the Vine
Hill neighborhood and the Gun Club unless mitigation
measures are employed to minimize impacts related to
traffic, noise, visual quality, litter and odors .
The project will not include extension of
Waterbird Way to the south but will require a dedicated
right-of-way on the site for later implementation in
compliance with the Circulation Element of the County
General Plan.
The interim station and the permanent waste
transfer station are within the LAFCO Sphere of Influence
of the City of Martinez . The Martinez General Plan
currently recommends industrial use for the property with
consideration for wetlands . There are no natural wetlands
associated with the location of either the interim station
or the permanent station.
The permanent and interim stations would be
consistent with the solid waste management planning policy
of the County, which emphasizes reuse and recycling.
There will be a recycling center prominently located
outside the pay booths and gate as an incentive for people
to recycle.
The applicant has proposed a program which would
implement the adopted objectives of the County Solid Waste
Management Plan. The applicant is proposing a three phase
resource recovery program with a goal of ultimately
reducing the waste stream destined for landfill from its
service area by 45 percent . The resource recovery
activities at the station will complement the programs
conducted by the cities , sanitary districts and the County
in an effort to meet the goals of the plan in the Acme
service area . The public agencies and other recyclers
'will need to do an additional 15 percent in the Acme
service area to reach the County Plan goal of 60 percent
there . The goals for the County Plan and for the transfer
station are respectively as follows : The Phase I
(1987-1992 ) County Plan goal is 20 percent, and the
transfer station goal for its service area is 20 percent .
The Phase II ( 1993-1997 ) County goal is 10 percent
including the transfer station ' s goal for its service area
of 5 percent , and an anticipated public agency effort of 5
percent . The Phase III (1998-2007) County Plan goal is 30
percent (with waste to energy plant (s) ) with the transfer
station contributing 20 percent for its service area
(without an onsite waste to energy plant) to complement a
public agency effort of 10 percent, to reach the County
goal , relative to the Acme service area , of 60 percent
recycling by the year 2007 .
3 -
Mitigation Measures:
The project is a solid waste management facility,
but includes some activities not conducted at the landfill
in the past. Applicant is proposing a General Plan
Amendment.
To mitigate the impact of potential land use
technical inconsistencies , the project will require a
General Plan Amendment that specifies the proposed site as
a site for waste reduction, resource recovery, recycling,
receipt, processing, and transfer of solid waste.
The project will include landscape screening,
fences , sound walls and completely enclosed dumping at the
permanent station to mitigate noise and visual impacts .
The project will provide an 80-foot wide buffer zone
between the Vine Hill residential neighborhood and the
western boundary of the project site, and a 480-foot
buffer to the building.
In order to mitigate noise and dust, construction
activity will be limited to 7 :00 a .m. to 5 :00 p .m. , Monday
through Friday, through conditions of approval on the land
use permit . The restriction will not apply to interior
work. The applicant can apply to extend construction
activities if exceptional circumstances warrant.
City approvals were obtained to complete the local
approval process of the 1987 County Solid Waste Management
Plan and to send the plan to the California Waste
Management Board for final approval . As approved by the
County Board of Supervisors and the requisite number of
cities the 1987 County Solid Waste Management Plan
includes the following policy statement:
"For Central/South County, a transfer station,
or multiple transfer stations for the area, shall be
developed prior to , or coincident with, the closure
of Acme Fill . The proposed Acme Fill Transfer
Station would meet this requirement and is
consistent with this plan . If an interim transfer
station is necessary while the Acme Transfer Station
is being constructed , the interim transfer station
is consistent with this plan. "
The transfer station shall not receive wastes from
outside Contra Costa County unless wastes are consistent
with the County Solid Waste Management Plan. The Board of
Supervisors shall determine if an import is consistent
with the plan.
4 _
Recycling from self-haulers will occur at a
recycling center and on the tipping floor of the enclosed
facility. The recycling center will be prominently
located in front of the pay booth.
Applicant has requested a General Plan Amendment to
specifically cover both the waste transfer station and
interim waste transfer station. Applicant has applied for
a Land Use Permit to specifically approve both the
permanent transfer station and interim station (see
Attachments II and III) .
2 . TRAFFIC AND CIRCULATION
Impacts :
Peak hour incoming loads occur in the
mid-morning when collection trucks arrive . Traffic stays
fairly constant through the day with a smaller peak
occurring about mid-afternoon when the packer trucks make
their final trip of the day. Total landfill traffic
currently is approximately 2 , 100 trips per weekday and
2 , 420 trips on weekends . Of the weekday trips ,
approximately 40-50 packer truck trips per day are from
South County.
Transfer vehicle trips to the landfill , if the
station were open today, would generate approximately 68
trips per day. It is estimated the station would generate
100 trips per day in the year 2010.
Arthur Road is closed to the general public and
access would be restricted to emergency vehicles and Gun
Club traffic (during special events) only. The project
related traffic impacts would not have a significant
impact on the Vine Hill residential area.
Public access to the station would be via a recently
constructed entrance road to the Acme landfill from
Waterbird Way. The access road would lead to a new
scalehouse and pay booth. A potential conflict would
result from the station traffic making left turn movements
into the new access from Waterbird Way. Safety features ,
including stop signs , would be included in the final
design of this intersection to offset potential traffic
hazards . Traffic impacts at this intersection could be
significant unless mitigated as required .
The existing intersection of Arthur Road and
Waterbird Way which. includes access driveways to the IT
Corp. site and the Martinez Gun Club would be
reconstructed . The entrance layout to the proposed
5 _
transfer station could potentially have a significant
impact on access to the IT Corp. site and Martinez Gun
Club unless mitigated as required . Acme and IT have both
expressed a willingness to cooperate on matters of mutual
planning interest. The Martinez Gun Club has indicated a
preference for continued communication regarding layout of
the new intersection.
There are safety issues of appropriate ingress and
egress to the Martinez Gun Club. Up to one thousand
people visit the Martinez Gun Club during a five-day
shoot. One alternative could be an exclusive private road
leading into the Gun Club, if it is feasible at this time,
and would not come across four lanes of traffic trying to
get into the project .
Access to the project area could be changed in the
future if Waterbird Way is extended south to connect to
Imhoff Drive. This extension is currently proposed in the
County' s General Plan Circulation Element.
Mitigation Measures :
Applicant proposes to reconstruct the roadway
intersections with the IT Corp. and Martinez Gun Club. A
number of traffic management actions are proposed . In
order to off set potential traffic hazards , the proposed
four-way intersection adjacent to the station would be
signalized to improve traffic safety and expedite Gun Club
traffic flow through the intersection to the Gun Club and
IT.
The facility will be closed to the general public at
5 : 00 p.m. daily. There will be no facility traffic on
Arthur Road , except emergency vehicles and continued use
by the Martinez Gun Club during special events . Waterbird
Way and the intersection with Waterfront Road will be made
all weather access roads .
3 . NOISE
Impacts •
Engine powered equipment operating within the
main transfer building are forecasted to generate a
maximum A-weighted noise level of 85 decibels at 50 feet,
with the frame of the buildings providing approximately 25
decibels of noise reduction, and the noise would probably
not be audible at the property line .
Approximately 70 transfer trucks per day would
arrive on the west side of the buildinq and are projected
6
to generate intermittently 65 decibels at the western
property line, assuming a sound wall is in place before
operations commence, this would not cause a measurable
increase in the community noise equivalent level (CNEL) at
the Vine Hill residential neighborhood.
The Noise Element of the General Plan may be
contravened by operation of the transfer trucks after
7 : 00 p.m. From 10: 00 p.m. to 7 : 00 a .m. the CNEL would
increase to 70-75 decibels . This potential impact would
be significant without appropriate mitigation measures .
Site preparation and construction would generate
short-term noise levels . If the proposed sound walls are
installed prior to the on-site preparation and
construction activities , project construction noise would
not be significant.
The interim station site is located more than 2 , 200
feet from the Vine Hill neighborhood , and would be at an
adequate distance away to prevent a significant increase
in noise levels in the Vine Hill neighborhood.
The Vine Hill residents would prefer that the
building construction use concrete tilt-up walls which
would absorb a great deal of the noise and that the sound
wall be at least three feet higher than the actual tops of
the trailers .
Sound reduction for the Gun Club is a concern. The
Gun Club operates with a voice communication among the
people shooting and the people running the operation (a
voice call--"pull" ) . Consideration should be given to a
sound wall by the Gun Club. It has been addressed very
appropriately for the Vine Hill residences , and must be
addressed for the Gun Club.
Mitigation Measures :
A sound wall on the western property line would be
constructed adjacent to the Vine Hill neighborhood to
'improve noise reduction. It would be located adjacent to
the residential property line so that it would reduce both
project generated noise and future road (Waterbird Way
southerly extension) traffic noise . The barrier height
would be increased in height as required in the conditions
of approval_ and wrap around the northeast corner of the
Vine Hill residential area and continue westward for
approximately 150 feet to protect homes from noioe of
exiting transfer trucks .
- 7 -
A similar sound barrier wall would be constructed
contiguous to the Gun Club and the waste transfer project.
The sound barrier walls would be constructed at the
start of construction activities for the transfer station
complex. It is recommended that federal highway
administration publications be consulted in the design and
surface treatment of the sound walls .
As a further mitigation measure transfer truck
operation might be limited to between 7 : 00 a .m. and
7:00 p.m. seven days a week. However , to mitigate the
potential impacts of transfer truck noise to insignifi-
cance during the 7 : 00 p.m. and 7 : 00 a .m. period, the
following mitigation measure would be implemented.
All transfer trucks and vans would be equipped with
sound suppression systems to control the noise. Radiators
would be equipped with fluid drive systems . The engine
compartments would have sound proof casings and mufflers
would be placed and maintained on exhausts .
The conditions of approval require a monitoring
system be established to ensure the project ' s continued
compliance with the CNEL.
A request to operate transfer trucks at night would
be submitted to the county with a demonstration the CNEL
can be held below the CNEL limits by, for example,
reversing the traffic flow of the transfer trucks .
All unloading on the west side of the permanent
facility would cease after 5 : 00 p.m. and the doors to the
west side would be closed.
Tilt-up concrete walls would be used to construct
the permanent station.
Interim station noise would be controlled by
installation of temporary control fences .
4 . SOILS , GEOLOGY AND SEISMICITY
A. Settlement
Impact •
There are potential impacts dealing with the
possible disturbance of areas of existing fill where roads
and entrance facilities are proposed . Settlement of the
. landfill through consolidation and decomposition will
;occur resulting in potential for slope failure, damage to
8 -
drainage facilities and water infiltration. Total and
differential settlement could affect the design and
performance of foundations for access road and structures
builtover bay mud on the fill . Road supported by
decomposing refuse would be subject to tilting and sinking
which could damage the road base and/or surface. Expected
settlement would be less on older portions of the landfill .
Mitigation Measures :
To reduce impacts on the station roads , grading
would be designed to resist differential settlement and to
accommodate total settlement .
Applicant would submit an Erosion Control Plan
to the County for approval . The plan would include
limiting the time of year for heavy earth-moving
operation. Roads would be located outside of major
drainage ways . Runoff would be discharged into drainage
ways at frequent intervals to avoid buildup of erosive
flows . Disturbed areas would be kept to a minimum.
Runoff would be kept away from disturbed areas during
construction.
5 . HYDROLOGY AND WATER QUALITY
Impacts •
Precipitation is generally in the range of 15
inches per year .
Mitigation Measures :
Storm drainage would be collected on site and
delivered to a conveyance facility which would deliver the
drainage to Pacheco Creek. Runoff water from buildings
and open areas would drain to the storm drainage system.
It is important to prevent runoff from entering the
landfill from the interim station. This would be included
in the Erosion Control Plan and in the Landfill Closure
Plan.
6 . VEGETATION AND NATURAL RESOURCES
None of the impacts are considered significant
requiring mitigation measures .
7 . AIR QUALITY AND ODORS
A. Air Quality
Impact:
Operation of the waste r,ratis Eer station may
cause emission of air pollutants and dust resulting in air
- 9 -
quality degradation. Bad odors could result from waste
dumped into the main transfer building and public disposal
building or stockpiled in the event of a system
breakdown. Potential impacts would be of limited duration
and minor in nature . Construction activities would create
a temporary increase in dust, and therefore an increase in
TSP concentrations near the project site.
Mitigation:
With the permanent station, vehicle unloading
would take place inside enclosed buildings . Internal dust
control measures would include use of a completely
enclosed building and water mist sprayers over waste
unloading and storage areas .
Dust emissions related to construction can be
reduced approximately 50 percent by watering. All
construction would require watering in late morning and
end of day. Frequency of watering would increase if wind
speeds exceed 15 mph.
The project operator would comply with the
conditions of ,approval established by the Bay Area Air
Quality Management District in their Authorities to
Construct and Operate .
Dust impacts of the interim station would be
mitigated by sprinkling.
B. Odor
Impact :
The operation can cause odors which could be a
nuisance to nearby residents and businesses .
Mitigation•
Extensive mitigation is required as part of the
proposed draft conditions of approval . Vehicle unloading
would take place inside the facility. Waste would be
transferred within 24 hours of receipt . Good housekeeping
(sweeping of floors , walls and equipment) would be
employed . Periodic deodorizing practices would be
employed . Odor suppressant would be added to the waste
mister system.
Odors of the interim station would be mitigated
by the periodic use of a deodorizer .
8 . ENERGY
None of the impacts are considered significant
requiring mitigation measures .
10
9 . VISUAL QUALITY
A. Aesthetics
Impact.
Operation of the proposed waste recovery and
transfer station may cause adverse aesthetic impacts to
residents westerly of the site and businesses easterly of
the site.
Mitigation Measures :
This impact would be mitigated to less than
significant by constructing: (1) sound walls which would
act as visual buffers ; (2) low profile roof structures ;
(3) planting trees and shrubs ; and (4 ) implementing a
landscape maintenance agreement.
The surface textures and color of the sound
walls would be made compatible with the advice of a local
advisory committee comprised of Vine Hill residents and
business representatives . Aesthetics of the interim
station would be mitigated by installation of temporary
control fences .
10. PUBLIC SAFETY
A. Litter
Impacts :
Transporting refuse to and from the waste
transfer station can cause littering along the roadways
and on lands adjacent to the site .
Mitigation Measures :
Screens would be placed on top of the transfer
trucks and vans , to contain or prevent any litter from
escaping onto access roads or highways . Litter would be
reduced because all vehicles would be unloaded inside of
an enclosed building. There would be a program on litter
as required by the conditions of approval, which includes
a penalty on uncovered loads .
Litten impacts of the interim station would be
mitigated by the placement of portable control fences
.positioned downwind .
B. Hazardous Materials
Impacts :
Normal domestic and commercial. refuse that
.would come to the transfer station will contain some
11 _
materials technically classified as hazardous and may
adversely impact surface waters and groundwater .
Mitigation Measures :
Hazardous waste, sewage sludge and liquid
wastes are strictly prohibited from the facility. Station
employees would be trained to identify and remove
hazardous waste, and implement a program of random load
sampling.
Household hazardous waste can be dropped off at
Bay Area Environmental in Richmond . Used oil can be
dropped off at Bay Area Environmental and also delivered
to recycling centers which accept it.
11. UTILITIES AND SERVICES
A. Sewers
Impacts •
Operation of a new waste transfer station could
place increased demands on sewers . The truck washdown
area should not allow oil or fuel spills to drain into
.sanitary sewers .
Mitigation:
Compliance with Sanitary District regulations
of the Contra Costa County Sanitary District for accepting
,sewerage from the project would be implemented which will
mitigate impacts to insignificant levels .
B. Fire Protection Service
Impacts :
The proposed operation could cause a fire
hazard in the area and place demands on local fire
—district equipment and personnel .
Mitigation:
In order to mitigate this impact to a level of
insignificance, the fire protection mitigation plan
,presented by the Contra Costa County Consolidated Fire
District or an equivalent plan approved by the District
would be implemented which would minimize the possibility
of fire .
12 . SOCIOECONOMICS
Impacts :
The transfer station is costed at $22 million,
;with a base cost of $17 million, which seems high in
12 -
comparison to the 1985 Central Contra Costa Sanitary
District/Contra Costa County study which projected $5 . 5
million in 1984 . The station should be appropriately
sized.
Mitigation•
The Central Contra Costa Sanitary District/
Contra Costa County study was not site specific and not
based on actual projected capital costs . The Central San
study was based on unit costs (i . e. , dollars per ton) , not
capital costs .
The final design and size of the project would
take into account factors which could lead to downsizing
the transfer station, including: ( 1) redirection of the
waste stream, e . g. from Antioch, or to other transfer
stations ; (2 ) revision of recycling goals ; and ( 3) re-
vision of the waste stream committed to secure the waste
transfer station financing. The final plans would comply
substantially with the preliminary plans and conditions of
approval and would be submitted to and subject to approval
by the County, and the same mitigation measures would be
employed.
13 . CULTURAL RESOURCES
None of the impacts are considered significant
requiring mitigation measures .
14 . ALTERNATIVES
A. No prosect alternative
The "no project" alternative includes a
discussion of direct haul to landfills as a concomitant of
not constructing a transfer station to accommodate Central
County solid waste . Such a no project alternative is not
Considered feasible because of the likely distances
involved and the access restrictions expected to be
imposed by the landfills .
B. Alternate site location
Impacts :
The Martinez Gun Club would prefer the project
site be .about 400 'yards more to the north, if that were
feasible. What are the facts to support that there are no
alternative sites on Acme ' s 516-acre parcel and why there
isn ' t a viable, feasible alternative .site on the 516 acres .
- 13 -
Mitigation•
The undeveloped lowland of the 516 acres is
considered wetlands . It is highly improbable that federal
and state permission to fill any large part of the
undeveloped lowland can be obtained.
Constructing heavy structures on landfills with
differential and total settlement, from an engineering
viewpoint could cause the structure to either tilt or have
structural difficulties with the concrete slabs . The
piles would have to extend through the landfill in spots
80 feet deep and extend an additional 120 feet into bay
mud. The pilings could create a potential pathway for
migration of leachate or liquid hazardous waste to leave
the site . Permitting is believed to be environmentally
unacceptable to regulatory agencies , concerned with
quality of waters of the state and preserving the
integrity of existing landfills .
The hills on the 516 acres have steep
topography. Excavating them would be expensive and would
also result in potentially significant visual , noise and
air pollution impacts .
D. SUMMARY
The Final Environmental Impact Report (FEIR) is
adequate in its treatment of alternatives , and its
response to comments relating to alternatives . The FEIR
considered the alternative of no project . The FEIR
considered the alternative locations in the county. The
FEIR considered the alternative locations on Acme
parcels . The FEIR considered reducing the size of the
proposed waste transfer station to reduce potential
traffic congestion and gave consideration to reduced
sizing in light of the nature of the project , traffic
flow, financing and recycling.
The County Planning Commission finds the
adverse environmental impacts pointed out by the FEIR are
traffic and circulation, noise, settlement , air quality,
odors , aesthetics , and litter and said impacts are in fact
mitigated to a point of insignificant specifically by the
mitigation measures set forth in these findings .
The County Planning Commission finds the FEIR
includes adequate responses of the agency to the
significant environmental comments raised in the CEQA
process . The final EIR responded to comments on traffic
and circulation, noise, settlement , air quality, odors ,
hazardous materials , socioeconomics , visual quality,
litter , and alternatives .
14
When the agency ' s position was at variance with
the objections raised and the comments , the agency
addressed the comments in detail giving specific reasons
why the comments and suggestions were not accepted .
Underlying policy of CEQA to insure the long-term
protection of the environment shall be the guiding
criterion in rejecting alternative locations on the
516-acre site.
The alternative locations on Acme ' s acreage
were not environmentally sound as there was the potential
to create long-term environmental damage. The Planning
Commission did not choose the alternative locations on
Acme ' s acreage. The alternative locations on Acme ' s
acreage were not economically feasible based on data
collected and opinions of experts .
The FEIR adequately responded to the adverse
environmental comments with a good faith reasoned
analysis , supported by empirical data and explanatory
information.
The FEIR addresses itself to the largest
project, but the mitigation measures would remain the same
on a downsized project which will render those impacts
insignificant.
The FEIR provides the agencies and public with
detailed information about the effects which the proposed
project will have on the environment .
The Planning Commission finds that changes have
been required which mitigate significant effects to
insignificant or that such changes are within the
responsibility of another agency and have been required
and adopted by that agency.
15 --
ATTACHMENT II
GENERAL PLAN AMENDMENT (9-87-CO) FINDINGS
The County Planning Commission of the County of
Contra Costa recommends that the County Board of
Supervisors find that:
1. A new waste recovery and transfer station is
needed to provide for the solid waste processing and
transfer needs for the County. If new county landfills
are not available in 1989 , it will be necessary to
transport waste long distances to an out of area
landfill . The transport will continue until a new
landfill is operational within the County. When a new
landfill is operational , it is environmentally preferred
to access landfills only via waste transfer vans , possibly
excepting nearby communities , as a matter of County
policy, and the policy underlying CEQA to ensure long-term
protection of the environment . Access to new landfills
probably would be restricted to transfer vehicles as a
means of mitigating traffic impacts . Self-haulers
probably will not be allowed to access the new landfill .
2 . Several changes to the wording of the County
General Plan are desirable . The changes and wording are
consistent with the Environmental Impact Report which was
certified and approved by the County Planning Commission.
The environmental impacts of the changes recommended in
the general plan were analyzed in the FEIR prior to the
adoption of the General Plan Amendment. An amendment to
the County General Plan is required only as a technical
amendment in that the project site is already designated
for waste disposal in the County General Plan. To ensure
that the project be consistent with the County General
Plan and .properly designated therein for waste processing,
recycling, waste reduction, resource recovery and transfer
operations and not simply disposal, it is necessary to
process this amendment.
Processing, for the purposes of this project ,
,includes but is not limited to waste separation,
'recycling, resource recovery, receipt, and transfer of
waste, but does not include incineration.
An amendment to the County General Plan is
desirable to ensure the consistency of an interim transfer
facility to be located in the vicinity of the access road
on the 125-acre parcel , or on the 97-acre parcel , or the
northeast corner of the 125-acre parcel while the
permanent station is being built. Its use is a temporary
16 _
use of less than two years . It may commence when Acme
begins to curtail its normal receipts of waste on or
before June 1989 and will operate until the permanent
station is constructed in accordance with the conditions
of approval .
A solid waste recovery and transfer station
would include pay booths , scales , gate house, recycling
drop off facility, and fuel and maintenance activities in
accordance with the land use permit conditions of approval
adopted by the County Board of Supervisors .
3 . The new waste recovery and transfer station
would implement the recycling program of the solid waste
management plan. Only cities with a recycling program
meeting those goals , are expected to be allowed to deposit
refuse in the new landfill .
4 . The Planning Commission finds in considering
the General Plan Amendment the changes are consistent with
-the goals established under the Solid Waste Management Act
and other components of the County General Plan.
The project was compared with a no-project
alternative to assess the advantages and disadvantages of
terminating the proposal and a no-project alternative was
not feasible.
5 . The mitigation measures described in the FEIR
would be included in the General Plan Amendment and/or in
the Land Use Permit ' s Conditions of Approval . An
amendment to a general plan applying the land use
designation falls within CEQA. The Planning Commission
examined the potential impact of the amendment on the
existing physical environment . The General Plan Amendment
states its purpose is to guide the location and
designation of solid waste management facilities on the
Acme Fill Corp. parcels and designates the Acme Fill Corp.
parcels as a solid waste management facility and site on
the County General Plan. The Planning Commission finds
the following land uses are deemed consistent with land
use designations , sanitary landfills , transfer stations ,
waste separation, resource reduction recycling, resource
recovery, waste processing, and transfer and authorizes
these uses at the site. This. plan amendment identifies
this site and reserves this site for the establishment of ,
and expansion of , such solid waste facilities .
- 17 -
ATTACHMENT III
LAND USE PERMIT (LUP 2122-86) FINDINGS UNDER COUNTY
ORDINANCES 26-2. 2008 , 418-2 .008 AND 418-2 .004
The Planning Commission of Contra Costa County
specifically finds as to a land use permit under County
Ordinance 26-2 . 2008 and permits under County Ordinances
418-2 .008 and 418-2 .004, as follows : -
1. The County Planning Commission' s concurrent
review of the project application, FEIR, and proposed land
use permit indicates that the site area is a suitable and
appropriate land use, with all adverse impacts capable of
being mitigated to non-significant . No unmitigible
significant adverse impacts were noted . All adverse
impacts can be mitigated to less than significant.
2 . The area is designated for heavy industry in
the County General Plan Land Use Element and for waste
disposal in the General Plan ' s Refuse Disposal Plan. The
interim station will be a concrete deck pad facility.
Acme ' s 22-acre parcel is an appropriate place to locate a
transfer station. The project is sited in an appropriate
location, is environmentally sound, anesthetically
pleasing and an appropriate land use.
3 . The Planning Commission finds the proposed land
use promotes the health, safety and general welfare of
County residents , in that the project embraces resource
recovery, directly reducing the amount of waste going to
landfill; it provides for completely enclosed waste
processing; it provides for the management of transfer van
traffic to avoid commute hours ; and it provides for the
opportunity to lay out and look at the waste stream for
hazardous waste constituents . The Commission finds the
general welfare and public interest will be best served by
proposed development being approved .
4 . The Planning Commission finds the proposed land
use promotes the orderly development of property within
the County and promotes preservation of property values
and tax base in the area, and does not encourage marginal
development within the neighborhood , in that the project
provides for the installation of an attractive
landscaping: it provides for the participation in future
benefit district to further improve traffic circulation by
southerly extension of Waterbird Way; it provides for the
use of attractive concrete tilt-up construction; it
provides for buildings and sound walls finished with
textures and earth-tone colors ; it provides for on going
_ lg _
litter clean-up; . and it provides for the upgrading of
Waterbird for all weather use .
5 . The Planning Commission finds the project is in
conformance with policies and goals of County General Plan
and the Solid Waste Management Plan, in that the land use
is located on property designated for solid waste use and
zoned heavy industrial; the Solid Waste Management Plan
provides for the development of a full-scale transfer
station coincident with landfill closure and an interim
waste transfer station; the project provides for the
Attainment of resource recovery goals through
implementation of a three-phased resource recovery plan to
complement recovery by cities ; it provides for the
installation of a recycling center prior to the pay
booths ; conditions will provide for the submittal of
reports on waste amounts , classified by category; and the
Conditions of Approval will be reviewed at least once
every 3 years .
6 . The land use will not create a nuisance or
cause an enforcement problem in that it provides for the
creation of a local neighborhood advisory committee ; it
provides for the installation of sound walls adjacent to
all neighbors prior to other construction taking place; it
provides for waste to be transferred within a 24-hour
period; it provides for the implementation of a noise
monitoring and abatement program; it provides for traffic
circulation improvement and the signalization of the main
facility intersection with special phasing to reduce
inconvenience to the Martinez Gun Club; it provides for
the enforcement of a covered load policy and litter
control ; and the conditions of approval will provide for a
litter control program. Staff requested a review by the
County Health Services Department who investigated the
application and submitted a letter dated July 30, 1987
recommending special conditions necessary to ensure the
project will not constitute a nuisance.
7 . Conditions have been required in or
incorporated into the permit conditions of the project
which mitigate or avoid the significant environmental
effects thereof as identified in the environmental impact
report . All mitigation measures proposed in the Final EIR
report were included in the General Plan Amendment or in
the Land Use Permit Conditions of Approval and all
mitigations measures recommended were included in the
final project as recommended .
8 . The applicant will file surety bonds of $10, 000
and $2 , 000 in compliance with 418-2 and 418 . 4 1.n
19 _
accordance with the Land Use Permit ' s Conditions of
Approval .
20 _
01 �
CONTRA COSTA COUNTY
COUNTY ADMINISTRATOR'S OFFICE
TO: Board of Supervisors DATE: December 2, 1987
FROM: _Harvey E. Bragdon,
Director of Community D4
eve
Acme Fill Waste Recove Trans er Station
The subject was discussed in some detail during the Board meeting of December
1st. As a result of that hearing, the Board closed the hearing, and at the same
time instructed the staff to add and change a number of conditions concerning
the project. The conditions may be a part of the land use permit or may be
included in a development agreement, whichever is deemed appropriate by County
Counsel.
Because the new language must be interwoven with the proposed landfill agree-
ments, there is insufficient time to work out all the details and the wording
prior to the Board hearing on December 8th. The item has been scheduled on the
December 15, 1987, Board agenda.
PEK:jn
131:bos.mem
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: December 15, 1987
TO: Board of Supervisors
FROM: Charles A. Zahn
Principal Planner
C�
SUBJECT: Communications on Acme Transfer Station Special
Conditions of Approval (Determination Item 2 . 11)
--- ----------
Acme Fill Corporation (by Gordon, DeFraga, Watrous and Pezzaglia,
Attorneys)
Acme requested that their letter of December 10, 1987 , be
distributed to the Board of Supervisors.
It is noted that Acme' s comments apply to an earlier version of
the Community Development Department memorandum on the Special
Conditions of Approval than the one (dated December. 11, 1987 )
that was distributed to the Board of Supervisors with the
Transfer Station approval packet. Our December 11th memorandum
was written following a meeting with Acme ' s attorney but the
drafted conditions were not approved by Acme. While some at
Acme' s concerns have been addressed in the latter memorandum,
others remain as reservations and objections.
Acme' s suggestion in Item #1 of their letter that the Director of
Community Development (not a new, proposed landfill committee)
authorize any needed additional studies has been taken, and their
concern in Item 42 that landfill closure costs be considered in
Transfer Station rate setting has been recognized as a possible
cost component in the proposed condition requiring a Development
Agreement. In Item #4, however, Acme objects to the Development
Agreement requirement.
Acme ' s comment in Item #8 that road material and auto storage
areas would be subject to regulatory agency approvals (as well as
CEQA compliance) ' is correct. Appropriate provisions have been
included in the Conditions of Approval now before the Board.
In Item #3 Acme objects to the condition for Solid Waste Resource
Recovery Management office and, in Items #6 and #8 , to future
litter control and public education Development Agreement fee
requirements. Staff understands that the Board wished to have
these matters covered by the Special Conditions.
Central Contra Costa Sanitation District Letter
In the attached letter to the Chair, Supervisor McPeak, the CCCSD
objects to what they. perceive to be the imminent adoption of a
Development Agreement as part of the Transfer Station approval.
No Transfer Station Development Agreement is now before the
Board. The revised Land Use Permit Conditions of Approval
included a new requirement for a Development Agreement to be
executed in the future as prerequisite for beginning the
construction of the Permanent Transfer Station.
CAZ:vpl
2B:boscaz .mem
GORDON, DeFRAGA, WATROUS & PEZZAGLIA
A Law Corporation
Allan DeFraga- ` Peter D. Langley
Thomas A.Watrous - - Scott W.Gordon'
James A.Pezzaglia - ' Richard S.-Bruno
Timothy J.Ryan --' =- Bruce C.Paltenghi
George R.Gordon
Of Counsel
December 10, 1987
Mr . Chuck Zahn
Community Development Director
651 Pine Street
Martinez , California 94553
Re: Acme Fill Waste Transfer Station Special
Land Use Permit Conditions of Approval
Dear Chuck:
Acme Fill has reviewed the above-captioned
additional conditions referred by the Board of Super-
visors to staff on December 1, 1987 for applicant
input . Acme Fill has the following general and specific
comments relative to the additional conditions for the
above project .
1. New Condition No. 8 (Development Coordina-
tor ) : in the last sentence delete "County Landfill
Management Committee" and insert "Director of Community
Development" . Acme notes the cost estimate appears
disproportionate to responsibilities for the waste
transfer station.
2 . New Condition 8 (Rate Review) : It is
common experience that rate review analysis by an
. independent CPA will cost approximately $20, 000 to
$30, 000. Acme Fill Corp. did not object to the waste
transfer station being subject to rate review (costs
plus profit) , only if all costs of environmental control
measures were continuously funded, including landfill
closure and post-closure costs . Closure costs and
post-closure costs can increase with changing laws or
regulations „ or as a result of EPA Ground Water Task
Force reports or other reports , or determined necessary
611 Las Juntas Street, P.O.Box 630,Martinez,California 94553•(415) 228-1400 •(707) 642-6288
Telecopier(415)228-3644
Mr . Charles A. Zahn
December 10, 1987
Page 2
by action of regulatory agencies , e. g. orders to' install
further barriers or groundwater networks . These laws
and requirements are unknown or undefined at this time,
but must be continuously funded.
3 . New Condition 12 (County Solid Waste
Resource Recovery Management) : Acme believes this
function is more than adequately performed already by
County staff , including David Okita, Paul Kilkinney,
together with the Solid Waste Commission and Board of
Supervisors . Such a program would duplicate expertise
and manpower . For purposes of planning and administra-
tion of a solid waste management plan, administrative
fees might be justified under solid waste management
planning and might be authorized under the existing
statute. The County currently assesses a County-wide
tonnage fee and that tonnage fee could be increased as
reasonable and necessary, in lieu of this condition.
4 . New Condition 15 (Development Plan) : Acme
objects to use of a Development Agreement as a condition
of a land use permit. The. Development Agreement would
"ordain" certain projects and costs associated there-
with, e. g. litter control , education and program manager
without rate review. The total costs outlined of such
projects would have a significant impact on the rate-
payer ' s monthly statements in Acme ' s service area and
could require Acme ' s service area to financially support
them alone. The Development Agreement would require an
ordinance authorizing and employing its use. Government
Code 65865 . Acme is. not seeking an ordinance or a
development agreement . A development Agreement may
transgress the California Constitution and the Solid
Waste Management Act which preserve "home rule" over
charges and fees , which are matters of local concern.
The Development Agreement would be subject to approval
of the cities and other public agencies .
There is no guarantee that such an agreement
will be implemented County-wide or will be imposed in a
similar manner on every solid waste facility that is
approved . It could result in discriminatory results
among facilities , having the Acme service area carrying
the burden alone or a disproportionate burden to
others . This would be unacceptable to Acme ' service
area , and should be unacceptable to the Board members
representing these districts .
P
Mr . Charles A. Zahn
December 10, 1987
Page 3
5 . Specific items in Section 15 : Resource
Recovery. Since the Solid Waste Management Act
specifically excludes funding for recycling (see Section
66784 . 3 , the last paragraph) , it could not be justified
indirectly in a Development Agreement. Acme Fill has
and will coordinate with the recycling efforts of the
cities , the haulers , and the special districts .
6 . Litter control . Solid waste enforcement
is currently authorized by statute, and implemented by
assessment of a tonnage fee. However, rather than to
preordain the number of vehicles and personnel (a Deputy
DA and three sheriffs deputies) , this high cost item
should either be the subject of rate review or amendment
of the solid . waste enforcement tonnage fee. Acme
encourages the County to have enforcement of the litter
control , but we believe that the cost and need should be
fully analyzed . (Acme considers abandoned vehicle
towing to be a part of an enforcement problem. )
7. Education. Acme believes education can
and will be handled without. the necessity of a Develop-
ment Agreement. It is in the interest of Acme, industry
and business to address continued education for purposes
of waste reduction, resource recovery, recycling, and
litter control .
8 . Storage Areas . Acme assumes the new
conditions associated with road material and abandoned
vehicles are subject to regulatory agency approvals .
Very truly yours,
'JAMES A. PEZ�GLIA
JAP/mat/3428P
Cc: Boyd M. Olney , Jr. /
1
n
C antrab�Eantra:Costa Sanitary-District
s019 Imhoff Place,. Mardnez, r
ROGER J.DOLAN
General Manager
December 10, 1987 ChlefEng/neer
JAMES L HAZARD
Counsel for the District
(415)938.1430
Honorable Sunne W. McPeak, Chair JOYCE E.MCMILLAN
Contra Costa County Board of Supervisors Secretary of the District
651 Pine Street
Martinez, CA 94553
Dear Chairwoman McPeak:
The Central Contra Costa Sanitary District was pleased to have the
opportunity to speak before the Board on December 1, 1987, about the
proposed Acne Fill Transfer Station. Several issues and concerns were
raised during that public hearing which will affect all garbage rate
payers in Central Contra Costa County.
A group of Central County franchising agencies has been studying the
feasibility of forming a solid waste related Joint Powers Authority
(JPA) . The JPA study group will hold its next meeting on December 17,
two days after the Board is scheduled to approve the Acne Transfer
Station project. Since the Board's approval will include a development
agreement containing items of vital interest to the management of Central
County solid waste, and since those parties most likely to be affected by
the terms of that agreement, namely the Central County franchising
agencies, will not have had an opportunity to comment on the agreement,
the District is requesting that the development agreement not be approved
until after the JPA study group has an opportunity to review and comment.
If this is not possible, the District requests the opportunity to review
the draft agreement along with the JPA study group members prior to
December 15. We understand that there is language in the draft agreement
that would require Central County ratepayers to finance solid waste
programs for the entire county. The District supports proportionate
distribution of costs f^r c,unt•;-wid9 prcgrams. It is, therefore,
opposed to an excess burden being placed on central county.
Thank you for your consideration in these matters. If you have any
questions, please call me at 689-3890.
Sin rely,
Roger an
Gene Ma ager - Chief Engineer
LIB•ae
cc: ,JPA list
R. Baker
P. Morsen